e book with his
own hands to pieces. I do not believe that the most seared conscience
could have counterfeited so great an assurance. He had naturally too
high a spirit and was accustomed to too high a fortune, says Titius
Livius, to know how to be criminal, and to lower himself to the meanness
of defending his innocence. The putting men to the rack is a dangerous
invention, and seems to be rather a trial of patience than of truth.
Both he who has the fortitude to endure it conceals the truth, and he who
has not: for why should pain sooner make me confess what really is, than
force me to say what is not? And, on the contrary, if he who is not
guilty of that whereof he is accused, has the courage to undergo those
torments, why should not he who is guilty have the same, so fair a reward
as life being in his prospect? I believe the ground of this invention
proceeds from the consideration of the force of conscience: for, to the
guilty, it seems to assist the rack to make him confess his fault and to
shake his resolution; and, on the other side, that it fortifies the
innocent against the torture. But when all is done, 'tis, in plain
truth, a trial full of uncertainty and danger what would not a man say,
what would not a man do, to avoid so intolerable torments?

"Etiam innocentes cogit mentiri dolor."

["Pain will make even the innocent lie."--Publius Syrus, De Dolore.]

Whence it comes to pass, that him whom the judge has racked that he may
not die innocent, he makes him die both innocent and racked. A thousand
and a thousand have charged their own heads by false confessions, amongst
whom I place Philotas, considering the circumstances of the trial
Alexander put upon him and the progress of his torture. But so it is
that some say it is the least evil human weakness could invent; very
inhumanly, notwithstanding, and to very little purpose, in my opinion.

Many nations less barbarous in this than the Greeks and Romans who call
them so, repute it horrible and cruel to torment and pull a man to pieces
for a fault of which they are yet in doubt. How can he help your
ignorance? Are not you unjust, that, not to kill him without cause, do
worse than kill him? And that this is so, do but observe how often men
prefer to die without reason than undergo this examination, more painful
than execution itself; and that oft-times by its extremity anticipates
execution, and perform it. I know not where I had