THE EUROPEAN LAW OF TORTURE. 655 



show guilt, though, singly they are not sufficient to incur torture, 

 such as 



Previous bad character or worthless conduct. 



Previous similar misdemeanors, either proved or rumored. 



Being found in proximity to the crime. 



Being seen with the appearance, dress, arms, or horse of the 

 actual culprit, or approaching or leaving the spot. 



The finding of any of his dress or weapons, or of his tracks in 

 snow or earth. 



His previous companionship or domicile with those who com- 

 mit such acts. 



Previous enmity, envy, or threats toward the injured person. 



Dying declarations or sworn accusation by a person injured. 



Absconding suddenly without good cause. 



Altering his personal appearance, disguising, giving false ex- 

 cuses, etc. 



To entitle the prosecution to obtain a decree for full torture 

 of one accused of a capital crime (and most of the offenses 

 were then capital), two or more of the above conditions must 

 be shown to the satisfaction of the judge. The warrant must 

 specify not only how many of the successive grades may be 

 used, but just how long each process shall be applied. But 

 in every case of torture a strange preliminary proceeding was 

 required, called territion {territio, Sclireckung), a mental tor- 

 ture, by terrifying the prisoner to extort confession through 

 fear of pain. It was derived, like all the rest, from the ancients, 

 whose law writers prescribed forms similar to those of the Aus- 

 trian code. 



Territion was of two grades verbal and real. In verbal terri- 

 tion the judge exhorts the prisoner to confess, and tells him what 

 pains await him ; he describes the process vividly, with the exe- 

 cutioner acting the scene in pantomime. The victim is fiercely 

 seized by the hangman, dragged from the court-room down into 

 the place of torment {Marter-ort),Sind. shown the painful machines 

 and their use. The executioner seizes him again and pretends to 

 be about to apply them. 



Verbal territion failing to secure admission of guilt, he re- 

 sorts to the real. He seizes the Inquisit once more, drags him 

 to the rack, binds him in place, but does not apply the ropes or 

 screws to any painful extent. Returning him then to the court- 

 room, they again solemnly warn him to confess his guilt, lest 

 worse shall befall him. If he still remains obdurate, his day of 

 grace is past ; territion gives place to actual torture. 



The code gives a few merciful limitations of this power. Idi- 

 ots, invalids, feeble men over sixty, children, and, of course, all 

 officials and clergy, are exempt ; and women can only be subjected 



