A Source Book of Mediæval History: Documents Illustrative of European Life and Institutions from the German Invasions to the Renaissance
History
A Source Book of Mediæval History: Documents Illustrative of European Life and Institutions from the German Invasions to the Renaissance
Middle Ages -- Sources
If the accused succeeded in producing the required number of
compurgators, and they took the oath in a satisfactory manner, the
defendant was usually declared to be innocent and the case was
dropped. If, however, the compurgators were not forthcoming, or there
appeared some irregularity in their part of the procedure, resort
would ordinarily be had to the ordeal. The ordeal was essentially an
appeal to the gods for decision between two contending parties. It
was based on the belief that the gods would not permit an innocent
person to suffer by reason of an unjust accusation and that when the
opportunity was offered under certain prescribed conditions the divine
power would indicate who was in the right and who in the wrong. The
ordeal, having its origin far back in the times when the Germans were
pagans and before their settlements in the Roman Empire, was retained
in common usage after the Christianizing and civilizing of the
barbarian tribes. The administering of it simply passed from the old
pagan priests to the Christian clergy, and the appeals were directed
to the Christian's God instead of to Woden and Thor. Under Christian
influence, the wager of battle (or personal combat to settle judicial
questions), which had been exceedingly common, was discouraged as much
as possible, and certain new modes of appeal to divine authority were
introduced. Throughout the earlier Middle Ages the chief forms of the
ordeal were: (1) the ordeal by walking through fire; (2) the ordeal by
hot iron, in which the accused either carried a piece of hot iron a
certain distance in his hands or walked barefoot over pieces of the
same material; (3) the ordeal by hot water, in which the accused was
required to plunge his bared arm into boiling water and bring forth a
stone or other object from the bottom; (4) the ordeal by cold water,
in which the accused was thrown, bound hand and foot, into a pond or
stream, to sink if he were innocent, to float if he were guilty; (5)
the ordeal of the cross, in which the accuser and accused stood with
arms outstretched in the form of a cross until one of them could
endure the strain of the unnatural attitude no longer; (6) the ordeal
of the sacrament, in which the accused partook of the sacrament, the
idea being that divine vengeance would certainly fall upon him in so
doing if he were guilty; (7) the ordeal of the bread and cheese, in
which the accused, made to swallow morsels of bread and cheese, was
expected to choke if he were guilty; and (8) the judicial combat,
which was generally reserved for freemen, and which, despite the
opposition of the Church, did not die out until the end of the
mediaeval period.
Public-domain text, read in full here on John Shaqi.
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