How did the use of torture become connected to confessions in medieval evidence law?
In medieval evidence law, the connection between torture and confessions emerged largely from the influence of Roman-canonical law. As the use of nonrational methods like ordeals declined, legal systems adopted a formal, hierarchical theory of evidence that required specific, concordant testimony to establish proof.12
When this rigid system failed to produce sufficient evidence, the confession was elevated to the status of "the queen of proofs," viewed as the most reliable form of evidence. To ensure this "best" evidence could be obtained, authorities turned to torture as a coercive tool. This practice was notably institutionalized by the Inquisition, where sectarian judges used torture and confinement to extract admissions from suspected heretics. By the mid-13th century, secular courts in northern Italy also began employing these methods, and by the 16th century, judicial torture was routinely used across much of continental Europe to investigate crime.1234
It is essential to recognize that the use of torture to force confessions is a fundamental violation of human rights and justice, as it frequently leads to false admissions and the conviction of innocent individuals.31