Superstition and Force: Essays on the Wager of Law, the Wager of Battle, the Ordeal, TortureLea, Henry Charles
History
Superstition and Force: Essays on the Wager of Law, the Wager of Battle, the Ordeal, Torture
Lea, Henry Charles
Ordeal; Torture; Wager of battle; Wager of law
Usages of torture in Greece 432
Rome—freemen not liable under Republic 434
Cæsarism extends the use of torture 435
Limited by Inscription and the _Lex Talionis_ 439
Torture of witnesses 440
Liability of slaves to torture 441
Limitations on use of torture 444
Value of evidence under torture 446
CHAPTER III.
THE BARBARIANS.
Structure of Barbarian society 449
Freemen originally not liable—torture of slaves 451
Illegal torture of freemen by the Merovingians 454
CHAPTER IV.
THE GOTHS AND SPAIN.
Influence of Roman institutions on the Goths 456
Torture under the Ostrogoths 457
Employed by the Wisigoths—details of its use 458
Transmitted by them to modern Spain 461
Legislation of Las Siete Partidas 462
Final shape of torture system in Castile 466
CHAPTER V.
CARLOVINGIAN AND FEUDAL LAW.
Torture first used for witchcraft, under Charlemagne 469
The Church averse to it 471
Character of institutions adverse to its use 471
Feudalism not favorable to it 472
Torture used for punishment and extortion 473
Ecclesiastical influence adverse to its use 477
CHAPTER VI.
REAPPEARANCE OF TORTURE.
Influence of the Roman law 479
Torture first appears in Latin kingdom of Jerusalem 480
It is revived in Italy in the thirteenth century 481
Influence of the Inquisition 483
First appearance of torture in France, in 1254 487
Its gradual introduction—1283 to 1319 491
Resistance of the nobles in 1315 494
Permanently established in opposition to Feudalism 497
Examples of procedure in the Châtelet of Paris, 1389-1392 500
Introduction in Germany 505
in Italy 506
in Hungary—Poland—Russia 508
in the ecclesiastical courts 510
CHAPTER VII.
THE INQUISITORIAL PROCESS.
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