FIG. 6.-Hawksbill Turtle (Chelone imbricata). ranges over all the tropical and sub-tropical seas and scarcely reaches 3 ft. in length, but such a shell yields up to 8 lb of tortoiseshell. Thalassochelys caretta, the "loggerhead," has normally five pairs of costal shields, but whilst the number of shields in the genus Chelone is very constant, that of the loggerhead varies individually to an astonishing extent. The greatest number of neurals observed, and counting the nuchal as the first, is 8, and 8 pairs of costal; in all 24; the lowest numbers are 6 neurals with 5 pairs of costals; odd costals are frequent. The most interesting facts are that some of the supernumerary shields are much smaller than the others, sometimes mere vestiges in all stages of gradual suppression, and that the abnormalities are much more common in babies and small specimens than in adults. The importance of these orthogenetic variations has been discussed by H. Gadow in A. Willey's Zoolog. Results, pt. iii. p. 207-222, pls. 24, 25 (Cambridge 1899). Мабодо FIG. 9.-Lower view of Trionyx euphratica. inclusive of a conspicuous intergular. Sternothaerus in Africa and Madagascar. Pelomedusa galeata in Madagascar and from the Cape to the Sinaitic peninsula. Podocnemis is common in tropical South America, e.g. P. expansa of Brazilian rivers, noteworthy for only crawl upon land in order to lay their round brittle eggs. TORTOISESHELL. The tortoiseshell of commerce consists Tortoiseshell is worked precisely as horn; but, owing to the high value of the material, care is taken to prevent any waste in its working. The plates, as separated by heat from the. bony skeleton, are keeled, curved, and irregular in form. They are first flattened by heat and pressure, and superficial inequalities are rasped away. Being harder and more brittle than horn, tortoiseshell requires careful treatment in moulding it into any form, and as high heat tends to darken and obscure the material it is treated at as low a heat as practicable. For many purposes it is necessary to increase the thickness or to add to the superficial size of tortoiseshell, and this is readily done by careful cleaning and rasping of the surfaces to be united, softening the plates in boiling water or sometimes by dry heat, and then pressing them tightly together by means of heated pincers or a vice. The heat softens and liquefies a superficial film of the horny material, and that with the pressure effects a perfect union of the surfaces brought together. Heat and pressure are also employed to mould the substance into boxes and the numerous artificial forms into which it is made up. Tortoiseshell has been a prized ornamental material from very early times. It was one of the highly esteemed treasures of the Far East brought to ancient Rome by way of Egypt, and it was eagerly sought by wealthy Romans as a veneer for their rich furniture. In modern times it is most characteristically used in the elaborate Jon einlaying of cabinet-work known as buhl furniture, and in comnow to bination with silver for toilet articles. It is also employed as a svi veneer for small boxes and frames. It is cut into combs, moulded and worked up into many other similar minor articles. The plates into snuff-boxes and other small boxes, formed into knife-handles, from certain other tortoises, known commercially as turtle-shell, possess a certain industrial value, but they are either opaque or soft and leathery, and cannot be mistaken for tortoiseshell. A close imitation of tortoiseshell can be made by staining translucent horn or by varieties of celluloid. All adi ahol ads seiqob od osam FIG. 10.-Upper view of the Turtle of the Euphrates (Triony euphratica). 19 as a sub Chelys and in the Trionychidae. The neck is short and non-retractile. Length of shell about 18 in. Super-family 3. Trionychoidea.The shell is very flat and much smaller than the body, and covered with soft leathery skin, but traces of horny structures are still represented, especially in the young of some species, by numerous scattered little spikes on the back of the shell and even on the soft parts of the back. The limbs are short, broadly webbed and only the three inner digits are provided with claws. Head and neck are retractile, bending in a sigmoid curve in a vertical plane. The jaws are concealed by soft lip-like flaps and the nose forms a short soft proboscis. The temporal region is not covered in by any arches; the quadrate is trumpetshaped as in the Chelydidae, but the jugular arch is complete. The pelvis is not anchylosed to the shell. The carapace is much reduced in size, the ribs extending beyond the costal plates, and there are no marginals; except in the African Cyclanorbis the neural plates form a continuous series. All the nine elements of the plastron are deficient and but very loosely connected with each other. Most of these reductions in the skeletal and tegumentary armature are the result of life in muddy waters, in the bottom of which these creatures bury themselves with only the head exposed They feed upon aquatic animals; those which are partial to hardshelled molluscs soon wear down the sharp horny edges of the jaws, and thick horny crushing pads are developed in their stead. They TORTOLI, a town and episcopal see of Sardinia, on the east coast, 140 m. N.N.E. of Cagliari by rail (55 m. direct). Pop. (1901), 2105. It lies 60 ft. above sea-level to the south-west of a large lagoon, which renders it unhealthy. The harbour is 24 in. to the east, and serves for the export of the wine and agricultural produce of the Ogliastra. A little to the south of Tortoli was the station of Sulci on the Roman coast road, known to us only from the itineraries. TORTONA (anc. Derlona), a town and episcopal see of Piedmont, Italy, in the province of Alessandria, from which it is 14 m. E. by rail, on the right bank of the Scrivia, at the northern foot of the Apennines, 394 ft. above sea-level. Pop. (1901), 11,308 (town); 17,419 (commune). Tortona is on the main line from Milan to Genoa; from it a main line runs to Alessandria, a branch to Castelnuovo Scrivia, and a steam tramway to Sale. Its fortifications were destroyed by the French after Marengo (1799); the ramparts are now turned into shady promenades. The cathedral, erected by Philip II., contains a remarkably fine Roman sarcophagus of the Christian period. Silk-weaving, tanning and hat-making are the chief industries; and there is some trade in wine and grain. Dertona, which may have become a Roman colony as early as the 2nd century B.C. and certainly did so under Augustus, is spoken of by Strabo as one of the most important towns of Liguria. It stood at the point of divergence of the Via Postumia (see LIGURIA) and the Via Aemilia, while a branch road ran hence to Pollentia. A number of ancient inscriptions and other objects have been found here. In the middle ages Tortona was zealously attached to the Guelphs, on which account it was twice laid waste by Frederick Barbarossa, in 1155 and 1163. (T. As.) TORTOSA, a fortified city of north-east Spain, in the province of Tarragona; 40 m. by rail W.S.W. of the city of Tarragona, on the river Ebro 22 m. above its mouth. Pop. (1900), 24,452. Tortosa is for the most part an old walled town on the left bank of the river, with narrow, crooked and ill-paved streets, in which the houses are lofty and massively built of granite. But some parts of the old town have been rebuilt, and there is a modern suburb on the opposite side of the Ebro. The slope on which old Tortosa stands is crowned with an ancient castle, which has been restored and converted into barracks and a hospital. All the fortifications are obsolete. The cathedral occupies the site of a Moorish mosque built in 914. The present structure, which dates from 1347, has its Gothic character disguised by a classical façade with Ionic pillars and much tasteless modernization. The stalls in the choir, carved by Cristobal de Salamanca in 1588-1593, and the sculpture of the pulpits, as well as the iron-work of the choir-railing and some of the precious marbles with which the chapels are adorned, deserve notice. The other public buildings include an episcopal palace, a townhall and numerous churches. There are manufactures of paper, hats, leather, ropes, porcelain, majolica, soap, spirits, and ornaments made of palm leaves and grasses. There is an important fishery in the river, and the harbour is accessible to vessels of 100 tons burden. Corn, wine, oil, wool, silk, fruits and liquorice (a speciality of the district) are exported. The. city is connected with Barcelona and Valencia by the coast railway, and with Saragossa by the Ebro valley line; it is also the terminus of a railway to San Carlos de la Rápita on the Mediterranean. Near Tortosa are rich quarries of marble and alabaster. Tortosa, the Dertosa of Strabo and the Colonia Julia Augusta Dertosa of numerous coins, was a city of the Ilercaones in Hispania Tarraconensis. Under the Moors it was of great importance as the key of the Ebro valley. It was taken by Louis the Pious in 811 (after an unsuccessful siege two years before), but was soon recaptured. Having become a haunt of pirates, and exceedingly injurious to Italian commerce, it was made the object of a crusade proclaimed by Pope Eugenius III. in 1148, and was captured by Ramon Berenguer IV., count of Barcelona, assisted by Templars, Pisans and Genoese. An attempt to recapture the city in 1149 was defeated by the heroism of the women, who were thenceforth empowered by the count to wear the red sash of the Order of La Hacha (The Axe), to import their clothes free of duty, and to precede their bridegrooms at weddings. Tortosa fell into the hands of the duke of Orleans in 1708; during the Peninsular War it surrendered in 1811 to the French under Suchet, who held it till 1814. TORTURE (from Lat. torquere, to twist), the general name for innumerable modes of inflicting pain which have been from time to time devised by the perverted ingenuity of man, and especially for those employed in a legal aspect by the civilized nations of antiquity and of modern Europe. From this point of view torture was always inflicted for one of two purposes: (1) As a means of eliciting evidence from a witness or from an accused person either before or after condemnation; (2) as a part of the punishment. The second wa means of evidence arising by the experience offer Its function as *ally formulated | Torture as a part of the punishment may be regarded as including every kind of bodily or mental pain beyond what is necessary for the safe custody of the offender (with or without enforced labour) or the destruction of his life-in the language of Bentham, an "afflictive" as opposed to a "simple" punishment. Thus the unnecessary sufferings endured in English prisons before the reforms of John Howard, the peine forte et dure, and the drawing and quartering in executions for treason, fall without any straining of terms under the category of torture. The whole subject is now one of only historical interest as far as Europe is concerned. It was, however, up to a comparatively recent date an integral part of the law of most countries (to which England, Aragon and Sweden1 formed honourable exceptions)-as much a commonplace of law as trial by jury in England. The prevailing view, no doubt, was that truth was best obtained by confession, the regina probationum. Where confession was not voluntary, it must be extorted. Speaking generally, torture may be said to have succeeded the ordeal and trial by battle. Where these are found in full vigour, as in the capitularies of Charlemagne, there is no provision for torture. It was no doubt accepted reluctantly as being a quasi judicium Dei, but tolerated in the absence of any better means of eliciting truth, especially in cases of great gravity, on the illogical assumption that extraordinary offences must be met by extraordinary remedies. Popular feeling too, says Verri, preferred, as causes of evil, human beings who could be forced to confess, rather than natural causes which must be accepted with resignation. Confession, as probatio probatissima and vox vera, was the best of all evidence, and all the machinery of law was moved to obtain it. The trials for witchcraft remain on record as a refutation of the theory. The opinions of the best lay authorities have been almost unanimously against the use of torture, even in a system where it was as completely established as it was in Roman law. “ Tormenta," says Cicero, în words which it is almost impossible to translate satisfactorily, "gubernat dolor, regit quaesitor, flectit libido, corrumpit spes, infirmat metus, ut in tot rerum angustiis nihil veritati loci relinquatur." Seneca says bitterly," it forces even the innocent to lie." St Augustine recognizes the fallacy of torture. "If," says he, "the accused be innocent, he will undergo for an uncertain crime a certain punishment, and that not for having committed a crime, but because it is unknown whether he committed it." At the same time he regards it as excused by its necessity. The words of Ulpian, in the Digest of Justinian," are no less impressive: "The torture (quaestio) is not to be regarded as wholly deserving or wholly undeserving of confidence; indeed, it is untrustworthy, perilous and deceptive. For most men, by patience or the severity of the torture, come so to despise the torture that the truth cannot be elicited from them; others are so impatient that they will lie in any direction rather than suffer the torture; so it happens that they depose to contradictions and accuse not only themselves but others." Montaigne's view of torture as a part of the punishment is a most just one: "All that exceeds a simple death appears to me absolute cruelty; neither can our justice expect that he whom the fear of being executed by being beheaded or hanged will not restrain should be any more awed by the imagination of a languishing fire, burning pincers, or the wheel." He continues with the curious phrase: " He whom the judge has tortured (gehenné) that he may not die innocent, dies innocent and tortured." Montesquieu' speaks of torture in a most guarded manner, condemning it, but without giving reasons, and eulogizing England for doing without it. The system was condemned by Bayle and Voltaire with less reserve. Among 1 But even in these countries, whatever the law was, torture certainly existed in fact. Primitive systems varied. There is no trace of it in Babylonian or Mosaic law, but Egyptian and Assyrian provided for it; and the story of Regulus seems to show that it was in use at Carthage. Pro Sulla, c. 28. De civ. Dei, bk. xix. c. 6. Essay lxv. (Cotton's trans.) Dig. xlviii. 18, 23. the Germans, Sonnenfels (1766), and, among the Italians, Beccaria, Verri and Manzoni3 will be found to contain most that can be said on the subject. The influence of Beccaria in rendering the use of torture obsolete was undoubtedly greater than that of any other legal reformer. The great point that he makes is the unfair incidence of torture, as minds and bodies differ in strength. Moreover, it is, says he, to confound all relations to expect that a man should be both accuser and accused, and that pain should be the test of truth, as though truth resided in the muscles and fibres of a wretch under torture. The result of the torture is simply a matter of calculation. Given the force of the muscles and the sensibility of the nerves of an innocent person, it is required to find the degree of pain necessary to make him confess himself guilty of a given crime. Bentham's objection to torture is that the effect is exactly the reverse of the intention. "Upon the face of it, and probably enough in the intention of the framers, the object of this institution was the protection of innocence; the protection of guilt and the aggravation of the pressure upon innocence was the real fruit of it." The apologists of torture are chiefly among jurists. But theoretica! objections to it are often urged by the authors of books of practice, as by Damhouder, von Rosbach, von Boden, Voet, and others named below under the head of The Netherlands. It is worthy of note as illustrative of the feeling of the time that even Bacon compares experiment in nature to torture in civil matters as the best means of eliciting truth. Muyart de Vouglans derives the origin of torture from the law of God. Other apologists are Simancas, bishop of Badajoz, Engel, Pedro de Castro," and in England Sir R. Wiseman.19 Greece. The opinion of Aristotle was in favour of torture as a mode of proof. It is," he says, "a kind of evidence, and appears to carry with it absolute credibility because a kind of constraint is applied." It is classed as one of the "artless persuasions" (érexrol riotes)." "It was the surest means of obtaining evidence, says Demosthenes." At Athens slaves, and probably at times resident aliens, were tortured, in the former case generally with the master's consent, but torture was seldom applied to free citizens,14 such application being forbidden by a psephism passed in the archonship of Scamandrius. After the mutilation of the Hermae in 415 B.C. a proposition was made, but not carried, that it should be applied to two senators named by an informer. In this particular case Andocides gave up all his slaves to be tortured.15 Torture was sometimes inflicted in open court. The rack was used as a punishment even for free citizens. Antiphon was put to death by this means." The torture of Nicias by the Syracusans is alluded to by Thucydides" as an event likely to happen, and it was only in order to avoid the possibility of inconvenient disclosures that he was put to death without torture. Isocrates and Lysias refer to torture under the generic name of orpißwois, but it was generally called Basar, in the plural, like tormenta. As might be expected, torture was frequently inflicted by the Greek despots, and both Zeno and Anaxarchus are said to have been put to it by such irresponsible authorities. At Sparta the despot Nabis was accustomed, as we learn from Polybius, to put persons to death by an instrument of torture in the form of his wife Apega, a mode of torture no doubt resembling the Jungfernkuss once used in Germany. At Argos, as Diodorus informs us (xv. 57), certain conspirators were put to the torture in 371 B.C.19 Dei Delitti e delle pene, c. xvi. 2 Osservazioni sulla tortura. Nov. Org., bk. i. aph. 98. In the Advancement of Learning, bk. iv. ch. 4, Bacon collects many instances of constancy under torture. • Instituts du droit crimine! (Paris, 1757). De catholicis institutionibus liber, ad praecavendas et extirpandas haereses admodum necessarius (Rome, 1575). De tortura ex foris christianis non proscribenda (Leipzig, 1733). in In Onelum, i. 874. Usually by the diaetetae in the Hephaestaeum, Isocrates, Trapes. 361. The opinion of Cicero (De partitionibus oratoriis, § 34), that it was so applied at Athens and Rhodes, seems, as far as regards Athens, not to be justified by existing evidence. The demand for, or the giving up of, a slave for torture was called πρόκλησις εἰς βάσανον. In the Ranae of Aristophanes, v. 617, there is a list of kinds of torture, and the wheel is alluded to in Lysistrata, v. 846. # vii. 86. 18 xiii. 7. "For the whole subject, see Dict. Ant., s.v. Tormenta. Rome. The Roman system was the basis of all subsequent European systems which recognized torture as a part of their proapproached at Athens. The law of torture was said by Cicero to rest cedure, and the rules attained a refinement beyond anything originally on custom (mores majorum), but there is no allusion to it in the Twelve Tables. There are frequent allusions to it in the classical writers, both of the republic and the empire. The law, as it existed under the later empire, is contained mainly in the titles De quaestionibus" of the Digest and the Code the former consisting largely of opinions from the Sententiae receptae of Paulus, the latter being for the most part merely a repetition of constitutions contained in the Theodosian Code. Both substantive law and procedure were dealt with by these texts of Roman law, the latter, however, not as fully as in medieval codes, a large discretion being left to the judges. Torture was used both in civil and criminal trials, but in the former only upon slaves and freedmen or infamous persons (after Nov. xc. 1, 1, upon ignoti and obscuri if they showed signs of corrup indicia,25 as in cases affecting the inheritance (res hereditariae). Its tion)-such as gladiators-and in the absence of alia manifesta place in the case of free citizens was taken by the reference to the cath of the party. During the republic torture appears to have been confined to slaves in all cases, but with the empire a free man became liable to it if accused of a crime, though in most cases not as a witness. On an accusation of treason every one, whatever his rank, was liable to torture, for in treason the condition of all was equal. The same was the case of those accused of sorcery (magi), who were regarded as humani generis inimici. A wife might be tortured (but only after her slaves had been put to the torture) it accused of poisoning her husband. In accusations of crimes other than treason or sorcery, certain persons were protected by the dignity of their position or their tender age. The main exemptions were contained in a constitution of Diocletian and Maximian, and included soldiers, nobles of a particular rank, i.e. eminentissimi and perfectissimi, and their descendants to the third generation, and decuriones and their children to a limited extent (tormenta moderata)-that is to say, they were subject to the torture of the plumbatae in certain cases, such as fraud on the revenue and extortion. In addition to these, priests (but not clergy of a lower rank), children under fourteen and pregnant women were exempt. A free man could be tortured only where he had been inconsistent in his depositions, or where there was a suspicion that he was lying. The rules as to the torture of slaves were numerous and precise. It was a maxim of Roman law that torture of slaves was the most efficacious means of obtaining truth." They could be tortured either as accused or as witnesses for their masters in all cases, but against their masters only in accusations of treason, adultery, frauds on the revenue, coining, and similar offences (which were regarded as a species of treason), attempts by a husband or wife on the life of the other, and in cases where a master had bought a slave for the special reason that he should not give evidence against him. The privilege from accusations by the slave extended to the master's father, mother, wife, or tutor, and also to a former master. On the same principle a freedman could not be tortured against his patron. The privilege did not apply where the slave was joint property, and one of his masters had been murdered by the other, or where he was the property of a corporation, for in such a case he could be tortured in a charge against a member of the corporation. Slaves belonging to the inheritance could be tortured in actions concerning the inheritance. The adult slaves of a deceased person could be tortured where the deceased had been murdered. In a charge of adultery against a wife, her husband's, her own and her father's slaves could be put to the torture. A slave manumitted for the express purpose of escaping torture was regarded as still liable to it. Before putting a slave to torture without the consent of his master, security must be given to the master for his value and the oath of calumny must be taken." The master of a slave tortured on a false accusation could recover double his value from the accuser. The undergoing of torture had at one time a serious effect upon the after-life of the slave, for in the time of Gaius a slave who had been tortured could on manumission obtain no higher civil rights than those of a dedilicius." The rules of procedure were conceived in a spirit of as much fairness as such rules could be. Some of the most important were these: The amount of torture was at the discretion of the judge, but it was to be so An instance is Pliny's letter to Trajan (Epist. x. 97), where he mentions having put to the torture two Christian deaconesses (ministrae). The words are confitentes iterum ac tertio interrogavi. This supports Tertullian's objection to the torture of Christians, torquemur confitentes (Apol. c. 2). 21 Quaestio included the whole process of which torture was a part. In the words of Cujacius, Quaestio est interrogatio quae fit per vormenta, vel de reis, vel de testibus qui facto intervenisse dicuntur. Dig. xlviii. 18; Cod. ix. 41. 23 v. 14. 15. 16. 25 Cod. ix. 8, 3. Ibid. ix. 18, 7. Ibid. i. 3, 8. 24 ix. 35. 2 Ibid. ix. 8, 4.. 28 Ibid. iv. 20, 13. Ibid. ii. 59, 1, 1. The demand of another man's slave for torture was postulare. 31 Gaius i. 13. applied as not to injure life or limb. If so applied the judge was The Leges barbarorum are interesting as forming the link of connexion infamis. The examination was not to begin by torture; other between the Roman and the medieval systems. Through them the proofs must be exhausted first. The evidence1 must have advanced Roman doctrines were transmitted into the Roman law countries. so far that nothing but the confession of the slave was wanting to The barbarian codes were based chiefly on the Theodosian Code. complete it. Those of weakest frame and tenderest age were to be As compared with Roman law there seems to be a leaning towards tortured first. Except in treason, the unsupported testimony of a humanity, e.g, the provision for redemption of a slave after confession single witness was not a sufficient ground for torture. The voice by s. 40 of the Lex salica. After the edict of Gundobald in 501 and manner of the accused were to be carefully observed. A spon- the combat rather than the torture became the expression of the taneous confession, or the evidence of a personal enemy, was to be judicium Dei. received with caution. Repetition of the torture could only be The Church.-As far as it could the Church adopted the Roman ordered in case of inconsistent depositions or denial in the face of law. The Church generally secured the almost entire immunity of strong evidence. There was no rule limiting the number of repeti- its clergy, at any rate of the higher ranks, from torture by civil tions. Leading questions were not to be asked. A judge was not tribunals; but in general, where laymen were concerned all persons liable to an action for anything done during the course of the examina- were equal. In many instances councils of the Church pronounced tion. An appeal from an order to torture was competent to the against torture, e.g. in a synod at Rome in 384.19 Torture even of accused, except in the case of slaves, when an appeal could be made heretics seems to have been originally left to the ordinary tribunals. only by the master. The appellant was not to be tortured pendingThus a bull of Innocent IV., in 1282, directed the torture of heretics by the appeal, but was to remain in prison. The quaesilor asked the the civil power, as being robbers and murderers of souls, and thieves questions, the tortores applied the instruments. The principal of the sacraments of God. The Church also enjoined torture for forms of torture in use were the equuleus, or rack (mentioned as far usury." A characteristic division of torture, accepted by the Church, back as Cicero), the plumbatae, or leaden balls, the ungulae, or but not generally acknowledged by lay authorities, was into spiritual barbed hooks, the lamina, or hot plate, the mala mansio, and the and corporal, the latter being simply the imposition of the oath of fidiculae, or cord compressing the arm. Other allusions in the purgation, the only form originally in use in the ecclesiastical courts. Digest and Code, in addition to those already cited, may be shortly The canon law contains little on the subject of torture, and that little noticed. The testimony of a gladiator or infamous person (such as of a comparatively humane nature. It laid down that it was no sin in an accomplice) was not valid without torture. This was no doubt the faithful to inflict torture, but a priest might not do so with his the origin of the medieval maxims (which were, however, by no own hands, and charity was to be used in all punishments. No means universally recognized)-Vilitas personae est justa causa confession was to be extracted by torture 25 and it was not to be torquendi testem, and Tortura purgatur infamia. Torture could not ordered indiciis non praecedentibus." The principal ecclesiastical be inflicted during the forty days of Lent. Robbers and pirates tribunal by which torture was inflicted in more recent times was the might be tortured even on Easter day, the divine pardon being hoped Inquisition. The code of instructions issued by Torquemada in for where the safety of society was thus assured. Capital punish- Spain in 1484 provided that an accused person might be put to the ment was not to be suffered until after conviction or confession under torture if semiplena probatio existed against the accused—that is, torture. Withdrawal from prosecution (abolitio) was not to be so much evidence as to raise a grave and not merely a light presumpallowed as a rule after the accused had undergone the torture.10 Intion of guilt, often used for the evidence of one eye or ear witness of charges of treason the accuser was liable to torture if he did not a fact. If the accused confessed during torture, and afterwards prove his case." The infliction of torture, not judicial, but at the confirmed the confession, he was punished as convicted; if he same time countenanced by law, was at one time allowed to creditors. retracted, he was tortured again, or subjected to extraordinary They were allowed to keep their debtors in private prisons, and most punishment. One or two inquisitors, or a commissioner of the Holy cruelly ill-use them, in order to extort payment. Under the empire Office, were bound to be present at every examination. Owing to the private prisons were forbidden.13 In the time of Juvenal the Roman occurrence of certain cases of abuse of torture, a decree of Philip II. ladies actually hired the public torturers to torture their domestic was issued, in 1558, forbidding the administration of torture slaves. As a part of the punishment torture was in frequent use. without an order from the council. But this decree does not appear Crucifixion, mutilation, exposure to wild beasts in the arena and to have been fully observed. By the edict of the inquisitor-general other cruel modes of destroying life were common, especially in the Valdés, in 1561, torture was to be left to the prudence and equity of time of the persecution of the Christians under Nero.is Crucifixion the judges. They must consider motives and circumstances before as a punishment was abolished by Constantine in 315, in veneration decreeing torture, and must declare whether it is to be employed in of the memory of Him who was crucified for mankind. On the other capul proprium, i.e. to extort a confession, or in caput alienum, i.e. hand, where the interests of the Church were concerned the tendency to incriminate an accomplice. Torture was not to be decreed until was in favour of greater severity. Thus, by the Theodosian Code, the termination of the process and after defence heard, and the a heretic was to be flogged with lead (contusus plumbo) before decree was subject to appeal, but only in doubtful cases, to the Council banishment, and Justinian made liable to torture and exile any one of the Supreme. It was also only in doubtful cases that the inquisitors insulting a bishop or priest in a church, or saying litany, if a layman." were bound to consult the council; where the law was clear (and of this they were the judges) there need be no consultation, and no 1 The evidence on which the accused might be tortured was appeal was allowed. On ratification twenty-four hours afterwards expressed in Roman law by the terms argumentum and indictum of a confession made under torture, the accused might be reconciled, (used technically as early as Cicero, Verres, i. 10 and 17). The if the inquisitors believed him to be sincerely repentant. If latter term, as will be seen, afterwards became one of the most convicted of bad faith he might be relaxed, i.e. delivered to the important in the law of torture, but the analysis of indicium is later secular power to be burned. The inquisitors had a discretion to than Roman law. Indicium was not quite the same thing as semi- allow the accused to make the canonical purgation by oath plena probatio, though the terms appear to be occasionally used as instead of undergoing corporal torture, but the rule which allows synonyms. Indicium was rather the foundation or cause of this to be done at the same time discountenances it as fallacious. probatio, whether plena or semiplena. An indicium or a concurrence It is remarkable that the rules do not allow much greater efficacy of indicia might, according to circumstances, constitute a plena or to torture. They speak of it almost in the terms of Roman law semiplena probatio. The phrase legitima indicia was sometimes used. as dangerous and uncertain, and depending for its effects on In Sir T. Smith's work, c. 24 (see below), index means a prisoner physical strength. Torture had ceased to be inflicted before the acting as an approver under torture. Tormentum, tortura and suppression of the Inquisition, and in 1816 a papal bull decreed quaestio appear to be equivalent terms. The medieval jurists that torture should cease, that proceedings should be public, and derived the first of these from torquere mentem, an etymology as false that the accuser should be confronted with the accused. The as testamentum from testatio mentis (Inst. ii. 10 pr.). rules in themselves were not so cruel as the construction put upon them by the inquisitors. For instance, by Torquemada's instructions torture could not be repeated unless in case of retractation. 2 Dig. xlix. i. 15. • Milo, Ivii. 3 Cod. vii. 62, 12. Of doubtful meaning, but perhaps like the "Little Ease" of the This led to the subtlety of calling a renewed torture a continuation, Tower of London. Dig. xxii. 5, 21, 2. Ibid. iii. 12, 10. 10 Ibid. ix. 42, 3. 12 See, for instance, Livy vi. 36. 14 Ibid. vi. 480. 15 As an example of such punishments, cf. the well-known lines of Juvenal (Sat. i. 155): Taeda lucebis in illa, Qua stantes ardent qui fixo gutture fumant. For other poetical allusions, see vi. 480, xiv. 21; Lucr. iii. 1030; Propert. iv. 7, 35′′ ... 1!" 16 xvi. 53. 17 Nov. cxxiii. 31. On the subject of tortu reference may be made to Wasserschub per tormenta apud Romanos (Berlin, 1830)), l'esclavage dans l'antiquité (Paris, $8793 Strafrecht, ii. 5 (Leipzig, 1899); Greenidge, Legal Procedure of 18 See Escobar, Theol. Mor, tract. vi. c. 2. They were to be tor- 1878). Decretum, pt. ii. 23, 4, 45. Ibid. pt. ii. Decretals, v, 123, 11% 6. 23 Ibid. pt. i. 86, 25. 25 Ibid. pt. ii. 15. 6, I. The rules will be found in H. C. Lea, Hist. of the Inquisition of 171906). See also Hist. of the Inquisition of the Middle Ages 1888) by the same writer; R. Schmidt, Die Herkunft ansprocesses (Berlin. 1902), |