TORU9. 



TOUKXAV 



HI 



early as the reign of Edward I., " quod Hex pro oommuni iitiliUte per 

 pnragativam suani in multu caaibus art supra, leges et consuetudinns 

 in Wgno mo uaitaUs." (' Roll* of Parliament,' 20 Edw. I., A.D. l'J'.'-', 

 vol. i.) This riw of the subject is confirmed by the circumstance that 

 in ill instances of the application of torture in England, the warrant* 

 were ienied immediately by the king, or by the privy council. Objec- 

 tionable aa the uae of torture was in all countries and under all circum- 

 stances, it wu in no country o unjust and dangerous an instrument nf 

 power a* in England. In other countriee, when it formed part of 

 the law of the land, it wan aubject to specific rule* and reatnotiona, 

 fixed and determined by the aame law which authorised the uae of 

 tuch an instrument, and those who transgressed them were liable to 

 severe punishment. But in England there were no rules, no responsi- 

 bility, no law beyond the will of the king. " The rack," says Beldcn, 

 " is nowhere used as in England. In other countries it is used in judi- 

 cature when there is urn i plena prokatio a half-proof against a man ; 

 then, to see if they can make it full, they rack him if he will not con- 

 tees. But here in England they take a man and rack him I do not 

 know why nor when not in time of judicature, but when somebody 

 bids." (' Table-Talk.'-TriaL) 



The particular modes of applying torture were u various as the 

 ingenuity of man is fertile in devising the means of inflicting bodily 

 pain. Cicero and other Itoman writers speak of the equuktu, or 

 leuleta, and the.<Ji>n/<r, as common instruments of torture ; but it is 

 extremely doubtful what they were. Much discussion respecting them, 

 and a reference to the various authors who have mentioned them, will 

 be found in a treatise entitled ' Hieronymi Magii Anglarensia de 

 Equuleo Liber Pocthumus,' Amsterdam, 1684. The rack, which wan 

 common throughout Europe, was a large frame, iu shape somewhat 

 resembling a mangle, upon which the examinant was stretched and 

 bound ; cords were then attached to his extremities, and, by a lever, 

 gradually strained, till, when carried to its utmost severity, the 

 operation dislocated the joints of the wriste and ankles. This engine 

 is said to have been brought into the Tower by the Duke of Exeter 

 in tho reign of Henry VI., nnd wan thence called the Duke of Exeter's 

 daughter. (8 ' Inst.,' 85.) Besides the rack there were endless varieties 

 of what were termed the "lesser tortures," such as thumb-screws, 

 pincers, and manacles. In England, one of the most dreaded engine* 

 of this kind was the scavenger's daughter, so called by a popular 

 corruption from Skevington's daughter, being invented by Sir 

 William Skevington, a lieutenant in the Tower in the reign of Henry 

 VIII. (Tanner's ' Societas Europrea,') In Scotland the instruments 

 were the boota, called in France " le brodequin " (in which the tor- 

 ture was applied by driving in wedges with a hammer between the 

 flesh and iron rings drawn tightly upon the legs) ; the thummikinn : 

 the pinniewiiiks, or pilliewinks ; the caspitaws, or caspicaws ; nnd the 

 tosots. f Macl.iurin's Introduction to Criminal Trials,' sect. 9.) The 

 particular construction of these barbarous instruments it would be diffi- 

 cult at the present day to ascertain, but several of them were in 

 practical use in Scotland within twenty years from the final abolition 

 of torture in that country in 1 708. ( Howell's ' State Trials.' vol. vi.) 



It is remarkable that although the use of torture in judicature has 

 prevailed in most civilised countries, it has been almost universally 

 denounced by enlightened jurists of all ages. Cicero repeatedly con- 

 demns it as unjust and inefficacious; and even the civil law, which 

 sanctioned the practice in Europe for many centuries, speaks of it 

 as " a deceitful and dangerous instrument, which very often fails to 

 extract the truth." ( Dig.,' lib. xlviii., tit. 18.) The opinions of 

 eminent lawyers in England have been already cited ; and the juridical 

 writers of the Continent, in more recent times, have unanimously 

 taken the same view of the subject. (Mittermaier's ' DeuUche Straf- 

 verfahren, theil i.) On the other hand, a curious defen* of torture 

 will be found in Wiseman's ' Law of Laws, or the Excellence of the 

 Civil I.aw.' 



T.MIU8. rMouwmtos.] 



TORY. This name has now. for about two hundred years, serred to 

 designate one of two principal political parties in this country. It U not to 

 be expected that for so long a time the name has been always associated 



* one uniform set of political principles, or that any formula could 

 be devised which would accurately describe Toryism at every period 

 y. Extending, like the name of" the other principal 

 Ucal party, from the legislature through every class of the com- 

 munity, it would naturally, where the number of persons to be brought 

 to concur in any change is so large, preserve any meaning which it has 

 once acquired for a length of time, and throughout perhaps a general 

 lOMtateocy of meaning; but on the other hand, engaged as the Whig 

 od Tory parties of the legislature have been without intermission in 

 a struggle for power, which power is attended by profit, they have 

 sn always exposed to the temptation, from whose Insensible work- 

 ings van the best disposed mm are not secure, of altering and adapt- 

 ing opinions so as to facilitate the gaining what they fight for, or the 

 keeping what they have gained ; and the far more numerous members 

 of the !rty who are without the legialatura would generally f..ll,,w 

 kose whom they look ipn aa their leaders, nnd l.y whose success 



"27 * dhermt "* **" P***? na * om n P ' te'ng benefited. 



The name Tory, at well as the name Whig, and the existence 

 of two parties in the sUU corresponding to those which have now 

 been known for a \f,ng time as Whig and Tory parties, date from the 



reign of Charles II. " It was in the year 1679," says Mr. Hallam, 

 "that the words Whig and Tory were first heard in Uu-ir appli 

 to English factions ; and though as senseless as any cant terms that 

 roiiM be devised, they became instantly as familiar in use as they 

 have since continued. There were then indeed questions in agitation 

 which rendered the distinction more broad and intelligible than it lias 

 generally been iu later times. One of these, and the most important, 

 was the Bill of Exclusion, in which, as it was usually debated, the 

 republican principle, that all positive institutions of 'society are in 

 order to the general good, came into collision with that of monarchy, 

 which rests on the maintenance of a royal line, u either the 

 at least the necessary means of lawful government But as the 

 sion was confessedly among those extraordinary measures to which 

 men of Tory principles are sometimes compelled to resort in great 

 emergencies, and which no rational Whig espouses at any other time, 

 we shall better perhaps discern the formation of these grand political 

 sects in the petition for the sitting of parliament, and in tin- counter 

 addresses of tho opposite party." (' Constitutional History of England,' 

 vol. ii. p. 692.) The first Tories opposed the Exclusion Bill and sup- 

 ported Charles II. in his endeavour to prevent a renewal of the attack 

 upon his brother, by successive prorogations of the parliauu nt. The 

 origin of the name is referred by Roger North, a very hot Tory, iu a 

 curious passage, to the connection of the party with the Duke of York 

 and his popish allies. " The Exclusioners," he says, " observing that 

 the Duke favoured Irishmen, all his friends, or those accounted such 

 by appearing against the Exclusion, were straight become Irish ; thence 

 Bogtrotters, and in the copia of the factious language the word Tory was 

 entertained, which signified the most despicable savages among the wild 

 Irish ; and being a vocal clear-sounding word, readily pronounced, it kept 

 its hold, and took possession of the foul mouths of the faction, and every- 

 where as these men passed we could observe them breathe little else but 

 Tory." (' Examen.'p. 821.) Thus Dr. Johnson's first interpn 

 of Tory in his Dictionary is, " A cant term, derived, I suppose, from an 

 Irish word signifying a savage ; " and Mr. Moore, in his ' Memoirs of 

 Captain Rock,' sarcastically refers the history of the Tory party to a 

 general ' History of the Irish Rogues and Rapparees.' Dr. Johnson 

 proceeds to give an explanation of the word Tory, which is perhaps as 

 good a short general description of the principles of Toryism as is to 

 be given : " One who adheres to the ancient constitution of the state, 

 and the apostolical hierarchy of the Church of England." In other 

 words, the maintenance of things as they have been, or, when some 

 great change has taken place against the will of this party, things as 

 they are, has from the beginning been the prime characteristic of 

 Toryism. The term, as indicating an existing party, is now nearly 

 obsolete; no party, and few individuals, would choose to designate 

 itself or themselves as Tory. 



The history of the Tory party, rising and falling in the state, may be 

 traced in a series of articles in knight's ' Companion to the Newspaper ' 

 for 1834, 1836, and 1836, entitled 'Changes of Administration and 

 History of Parties ; ' or in Mr. O. W. Cooke's ' History of Party,' 3 vols. 

 8vo, which is on the whole a useful publication, though its accuracy u 

 not to be implicitly depended on. 



TOURBINK. [Tim 



TOURN. [LKET.] 



TOURNAMENT, or TOURNEY, is from the French loumol, 

 formerly tournoiement , for which the Latin writers of the middle ages 

 use torneamentnm, tomamentum, or lurneimentum, and sometimes also 

 toma, tome, tornado, tornerium, or tomela. The Byzantine annalirta 

 have transferred the word into terntmtnttim (Ttpvtutrror}. There can 

 be little doubt, though other etymologies have been suggested, that 

 toomoiemfnt means merely a turning or wheeling about, from tho 

 common French verb tourner, to turn. This wiU agree with other 

 tourns. We have in England the sheriffs turn or tourn. Other bar- 

 barous Latin words of the same connection are tornnrr, to turn about 

 in fight, and also to call out or challenge to combat (in which last sense 

 there is also the old French lui tourner (or torner), par gage de 

 bataille) ; tarneare, torniare, turncart (in French (OKnfO<-), luntitt- 

 mcntarr, and torncizarr, to take part in a tournament; torniator, a 

 performer in a tournament. (Du Cange, ' Oloesarium ad Scriptures 

 Mod. et Inf. Latinit,' vi. ; Carpentier, ' Olossarium Novmn,' iii. ; 

 H. Spelman, ' Olossarium Archaiologicum ; ' Fr. Junii, 'Etymologicum 

 Anglicanum,' ad vv. Tourneying and Tonrnoy.) 



A tournament may be defined to have been a species of combat in 

 which tho parties engaged for the purpose of exercising and exhibiting 

 their courage, prowess, and skill in arms, and not cither nut f enmity 

 [as in ordinary warfare), or even (as in the modern duel) for the 

 purpose of wiping off some dishonourable imputation (a purpose wliieh 



s served rather by the ancient ordeal or wager of battle than by the 

 tournament). It is obvious, however, that although the primary and 

 professed design of the tournament was nothing more thnn to furnish 

 an exciting show, and to give valour and military talent an opportunity 

 of acquiring distinction, other passions would be very npt to inter- 

 mingle in the heat of contest with the mere ambition of superiority, 

 and sometimes even to disguise themselves under that pretext. 



The origin of the tournament has been carried back at least to the 

 Roman times. Virgil's description of the game of Troy (ludtu Trojce, Mn. 

 v. 545-402) Is, in some passages, not unlike what the name would lead 

 us to suppose the tournament may have originally been. The tourna- 



