Michael Pacher (1435-1498)  Altarpiece, St. Augustine (ca. 1483) Detail

Alte Pinakothek, Munich

St. Augustine (354-430 AD), De civitate Dei, Book 19, Chapter 6

Of the error of human judgments when the truth is hidden.

What shall I say of torture applied to the accused himself? He is tortured to discover whether he is guilty, so that, though innocent, he suffers a severe punishment for crime that is still doubtful, not because it is proved that he committed it, but because it is not known that he did not commit it. And through this ignorance of the judge, the innocent man suffers .  .  . And the judge thinks it not contrary to divine law that innocent witnesses are tortured in cases dealing with the crimes of others.  .  . or that the accused are put to the torture and, though innocent, make false confessions regarding themselves, and are punished; or that, though they be not condemned to die, they often die during the torture.