TORTURE, a grievous pain inflicted on criminals to make them confess the truth. See RACK.—The statute-law of England doth very seldom, and the common law doth never, inflict any punishment extending to life or limb, unless upon the highest necessity.
But note—on an indictment for high-treason, or for the lowest species of felony, viz. petit larceny, and in all misdemeanors, standing mute is equivalent to conviction. But upon appeals or indictment for other felonies or petit treason, the prisoner shall not be looked upon as convicted, so as to receive judgment for the felony; but shall, for his obstinacy, receive the terrible sentence of penance, or peine forte & dure. See ARRAGONMENT, and PEINE FORT & DURE.
The rack, or question, to extort a confession from criminals is a practice of a different nature: this being only used to compel a man to put himself upon his trial; that being a species of trial in itself. And the trial by rack is utterly unknown to the law of England. No person to be subject to torture in Scotland, 7 Ann. c. 21.