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

I.

THE WAGER OF LAW.