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court, or by the testimony of a single wit re Torture between Bench and Bar " would ness, because in such cases it will not reside have been a standard heading, one thinks. In all there were nineteen requisites to in the discretion of the judge to decide whether the indication is sufficient for tor torture, but we have no space to enumerate ture or not. He will be bound to torture them all here. Suffice it that the person of the accused without demur." Guazzini then the accused was examined, to ascertain if he refers the anxious inquirer to Campegius' was a privileged person; that he must not "Tractatus de Testibus regulandis " and Me- have eaten for nine or ten hours before tor nochius' "Tractatus de Presumptionibus" for ture begins, — " if accident happen and suf indications for guidance in allowing torture, fering ensue to the accused from a failure to the latter learned writer being good enough observe this rule, the judge will be liable to to furnish no less than forty-three indica public impeachment; " if the accused be tions, which must, one would think, have under twenty-five years, the judge must formed a useful digest of precedent for any • appoint a curator to watch him while being nervous Sheriff-Substitute of the Middle tortured, particularly if he be under fourteen Ages when called upon by a too learned years; the torture must be varied to differ prosecutor to apply the torture summarily. ent persons and differing presumptions of Happily no law student of to-day need dread guilt; certain diseases exempt from torture; the Board of Examiners posing him with neither the prosecutor nor the counsel of conundrums from Minochius. He and his the accused may be present at the torture; colleagues, Campegius and Cavalcanus, are there can be no torture on a Feast day of as forgotten as their precedents. Old the Church except in grave cases. Again, Double is, indeed, dead. Before the torture when a culprit confesses one crime he can was applied (except in summary cases) the not be tortured to procure admissions of accused's advocate had a right of appeal, and other crimes without competent presumption a copy of the indications and of the whole i of guilt. It is gratifying to know that law process had to be furnished him; but this yers and town councillors, like bishops, tenderness of the law seems to have led to noblemen, and doctors, were exempt from somewhat sharp practice on the part of both torture; the inferior clergy seem to have judge and bar. Thus, — " Many judges, been liable to this form of judicial inquiry. when they wish to torture and do not want " Torture must be suspended so soon as the to have their hands tied (i. e., by appeal) are victim falls into a faint under its effects, and accustomed to pass the decree of torture unless the judge, in the act of such suspen secretly, and do not interpose it until it is sion, is careful to reserve a right of renewing too late for the accused to take an appeal. torture, the right lapses. The notary is But this surprise action on the part of judges bound to make a minute of all proceedings may be countermined by wary attorneys, in torture, with its effect on the subject, and the measures taken to recover him from a who are wont to obtain in advance an inhi bition from the superior court against the faint. The prisoner's counsel " (who seems menace of torture; and the instant that the to have been entitled to enter when his client fainted), " in such moments, must judge shows a disposition to proceed to tor ture, they present the inhibition to him, and watch for his rights and protect him from thus compel him to stay his hand and to the renewal of the torture, if the judge, in his alarm at the fainting space, forgets to consign the case to the court above." reserve the right of renewing the torture." It is a pity we have no reports of the de cisions of those merry days. Where was the When a number of people were to be tor mediaeval predecessor of the reporter of the tured at the same time, the etiquette of the New Journalism? " Interesting Discussion matter was to begin with the weaker and