Note 1657 — Chapter VIII · FINAL SHAPE OF THE TORTURE SYSTEM.

Zangeri cap. I. Nos. 59-88.—Knipschild, in his voluminous “Tract. de Nobilitate” (Campodun. 1693), while endeavoring to exalt to the utmost the privileges of the nobility, both of the sword and robe, is obliged to admit their liability to torture for these crimes, and only urges that the preliminary proof should be stronger than in the case of plebeians (Lib. II. cap. iv. Nos. 108-120); though, in other accusations, a judge subjecting a noble to torture should be put to death, and his attempt to commit such an outrage could be resisted by force of arms (Ibid. No. 103). He adds, however, that no special privileges existed in France, Lombardy, Venice, Italy, and Saxony (Ibid. Nos. 105-7). Scialoja expressly says (Praxis c. xiii. Nos. 40-49, 55) that in Naples no dignity, secular or ecclesiastical, except that of judges, conferred immunity from torture; and all privileges were set aside by a direct order from the sovereign.