CHAP. XVII.
Of the Rack.
Book VI.
Chpa. 17.THE wickedness of mankind makes it necessary for the laws to suppose them better than they are. Hence the deposition of two witnesses is sufficient in the punishment of all crimes. The law believes them as if they spoke by the mouth of truth. Thus we judge that every child conceived in wedlock is legitimate; the law having a confidence in the mother as if she were chastity itself. But the use of the rack against criminals cannot be defended on a like plea of necessity.
We have before us the example of a nation blessed with an excellent civil government[1], where without any inconvenicncy the practice of racking criminals is rejected. It is not therefore in its own nature necessary[2].
So many men of learning and genius have wrote against the custom of torturing criminals, that after them I durst not presume to meddle with the subject. I was going to say that it might suit despotic states, where whatever inspires fear is the properest spring of government; I was going to say that the slaves among the Greeks and Ro-
- ↑ The English.
- ↑ The citizens of Athens could not be put to the rack (Lysias grat. in Agorat.) unless it was for high treason. The torture was used within thirty days after condemnation (Curius Fortunetun Rhetor. Sebol. lib. 2.) There was no preparatory torture: In regard to the Romans, the 3d and 4th law ad leg. Juliam Majest shews that birth, dignity, and the military profession exempted people from the rack, except in cases of high treason. See the prudent restrictions of this practice made by the laws of the Vingoths.
