Though there are few articles of jurisprudence in these honest alphabetical reflections, we must, however, say a word or two on torture, otherwise called “the question”; which is a strange manner of questioning men. They were not, however, the simply curious who invented it; there is every appearance, that this part of our legislation owes its first origin to a highwayman. Most of these gentlemen are still in the habit of screwing thumbs, burning feet, and questioning, by various torments, those who refuse to tell them where they have put their money.

Conquerors having succeeded these thieves, found the invention very useful to their interests; they made use of it when they suspected that there were bad designs against them: as, for example, that of seeking freedom was a crime of high treason, human and divine. The accomplices must be known; and to accomplish it, those who were suspected were made to suffer a thousand deaths, because, according to the jurisprudence of these primitive heroes, whoever was suspected of merely having a disrespectful opinion of them, was worthy of death. As soon as they have thus merited death, it signifies little whether they had frightful torments for several days, and even weeks previously — a practice which savors, I know not how, of the Divinity. Providence sometimes puts us to the torture by employing the stone, gravel, gout, scrofula, leprosy, smallpox; by tearing the entrails, by convulsions of the nerves, and other executors of the vengeance of Providence.

Now, as the first despots were, in the eyes of their courtiers, images of the Divinity, they imitated it as much as they could. What is very singular is, that the question, or torture, is never spoken of in the Jewish books. It is a great pity that so mild, honest, and compassionate a nation knew not this method of discovering the truth. In my opinion, the reason is, that they had no need of it. God always made it known to them as to His cherished people. Sometimes they played at dice to discover the truth, and the suspected culprit always had double sixes. Sometimes they went to the high priest, who immediately consulted God by the urim and thummim. Sometimes they addressed themselves to the seer and prophet; and you may believe that the seer and prophet discovered the most hidden things, as well as the urim and thummim of the high priest. The people of God were not reduced, like ourselves, to interrogating and conjecturing; and therefore torture could not be in use among them, which was the only thing wanting to complete the manners of that holy people. The Romans inflicted torture on slaves alone, but slaves were not considered as men. Neither is there any appearance that a counsellor of the criminal court regards as one of his fellow-creatures............