[29]. The Pandects (1. xlviii. tit. xviii.) contain the sentiments of the most celebrated civilians on the subject of torture. They strictly confine it to slaves.
[30]. The Citizens of Athens could not be put to the rack, unless it was for high treason. The torture was used within thirty days after condemnation. There was no preparatory torture. In regard to the Romans, the third and fourth law de Majestate, by Julius Cæsar, shews that birth, dignity, and the military profession exempted people from the rack, except in cases of high treason.—Montesquieu’s Spirit of Laws, vol. 1. p. 132.
[31]. Archadius Charisius is the oldest lawyer quoted in the Pandects to justify the universal practice of torture in all cases of treason; but this maxim of tyranny, which is admitted by Ammianus with the most respectful terror, is enforced by several laws of the successors of Constantine.—Gibbon’s Rom. Hist. vol. 3. p. 81.
[32]. There is an engraving of Sir Thomas in the collection of Holbein Heads, published by Mr. Chamberlaine.
An original picture of him, which has been frequently copied, is in the collection of the Earl of Romney. It is nearly a profile, and bears a strong resemblance to Holbein’s drawing.
There is a print of Sir Thomas Wyat, from an engraving on wood, after a painting by Holbein; it is the frontispiece to the book of verses, written on his death, by Leland, entitled “Næniæ in Mortem Thomæ Viati Equitis incomparabilis,” an Elegy on the death of Sir Thomas Wyat, Knt. London, 1542, quarto. This book was reprinted by Hearne, at the beginning of the second volume of Leland’s Itinerary. Under the head is the following inscription:—
“Holbenus nitida pingendi maximus arte,
”Effigiem expressit graphice, sed nullus Apelles
“Exprimet ingenium felix, animumque Viati.”
This print has been copied by Michael Burghers and Mr. Tyson. Granger i. 110.