No Comment, Quotation — January 31, 2008, 12:00 am

Blackstone on Torture

blackstonec

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 ; though once when the dukes of Exeter and Suffolk, and other ministers of Henry VI, had laid a design to introduce the civil law into this kingdom as the rule of government, for a beginning thereof they erected a rack for torture; which was called in derision the duke of Exeter’s daughter, and still remains in the tower of London: where it was occasionally used as an engine of state, not of law, more than once in the reign of queen Elizabeth but when, upon the assassination of Villiers duke of Buckingham by Felton, it was proposed in the privy council to put the assassin to the rack, in order to discover his accomplices; the judges, being consulted, declared unanimously, to their own honour and the honour of the English law, that no such proceeding was allowable by the laws of England.

William Blackstone, Commentaries on the Laws of England, vol. iv, p. 321 (1765)

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(1) To need his glasses and be struck by an awareness that they are not at hand, an ordinary enough circumstance for Frederick Douglass, except sometimes it’s accompanied by a flash of extraordinary dread. If not quite panic, certainly an unease disproportionate to a simple recurring situation. Dread that may be immediately extinguished if he locates his horn-rimmed, owlish-eyed spectacles exactly where he anticipated they should be. He sees them and almost sighs. Nearly feels their slightly uncomfortable weight palpable on his nose. Finding the glasses enough to reassure him that he remains here among the living in this material …
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(1) To need his glasses and be struck by an awareness that they are not at hand, an ordinary enough circumstance for Frederick Douglass, except sometimes it’s accompanied by a flash of extraordinary dread. If not quite panic, certainly an unease disproportionate to a simple recurring situation. Dread that may be immediately extinguished if he locates his horn-rimmed, owlish-eyed spectacles exactly where he anticipated they should be. He sees them and almost sighs. Nearly feels their slightly uncomfortable weight palpable on his nose. Finding the glasses enough to reassure him that he remains here among the living in this material …
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(1) To need his glasses and be struck by an awareness that they are not at hand, an ordinary enough circumstance for Frederick Douglass, except sometimes it’s accompanied by a flash of extraordinary dread. If not quite panic, certainly an unease disproportionate to a simple recurring situation. Dread that may be immediately extinguished if he locates his horn-rimmed, owlish-eyed spectacles exactly where he anticipated they should be. He sees them and almost sighs. Nearly feels their slightly uncomfortable weight palpable on his nose. Finding the glasses enough to reassure him that he remains here among the living in this material …
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