IV.

TORTURE.

## CHAPTER I.

TORTURE IN EGYPT AND ASIA.

The ordeal and torture are substitutes for each other 429 Torture in Egypt—in Assyria—not used by Hebrews 430 Not used by Oriental Aryans 431 Not used in China—used in Japan 431

## CHAPTER II.

GREECE AND ROME.

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.

Secret proceedings and denial of opportunity for defence 512 Perfected by Francis I. 514 Revised under Louis XIV. 517 Torture _avec réserve des preuves_ 518 Illegal extension of the system in the Netherlands 521 Germany—the Caroline Constitutions 522

## CHAPTER VIII.

FINAL SHAPE OF THE TORTURE SYSTEM.

The Roman Law engrafted on German Jurisprudence 524 Theoretical exemptions practically annulled 525 Limitations disregarded in practice 527 Influence of the system on the judge 534 Arbitrary abuses 539 Torture of witnesses 541 Grades of torture 543 Denial of opportunities for defence 544 Confirmation of confession necessary 548 Inconsistencies in the torture system 550 Influence of witch-trials in aggravating the torture system 553 Use of charms to produce insensibility 556 Deceit used in failure of torture 558 Torture in monasteries 560

## CHAPTER IX.

ENGLAND AND THE NORTHERN RACES.

Early use of torture in Iceland 561 Influence of the jury-trial in delaying introduction of Torture in Denmark, Norway, and Sweden 562 England—Torture unknown to the Common Law 563 Introduced as a concession to the royal prerogative 566 Influence of witch-trials 570 Scotland—frightful severity of torture trials 572

## CHAPTER X.

DECLINE OF THE TORTURE SYSTEM.

Opponents arise—Vives, Montaigne, Gräfe, etc.—Discussion in the schools 575 Abolished in Prussia in 1740 579 in Saxony, Austria, Russia 580 Continued in Baden till 1831—Retention of the Inquisitorial Process, and Revival of Torture in the German Empire 581 Abolished in Spain in 1812 582 in France, 1780-1789 583 in Italy in 1786 586 Retained in Naples 587 Recent instances of its use 588