Legal antiquities : $b A collection of essays upon ancient laws and customsWhite, Edward J. (Edward Joseph)
History
Legal antiquities : $b A collection of essays upon ancient laws and customs
White, Edward J. (Edward Joseph)
Criminal law -- History; Law -- History; Law, Ancient; Punishment -- History
As the story goes, Duke Godwin was dining with his royal son-in-law
Edward the Confessor—for the latter had then married his daughter
Editha—and whether premeditated or not, the King repeated the accusation
that his brother Alfred had met his death at the hands of Duke Godwin. To
vindicate himself old Godwin then invoked the ordeal of the corsned and
seizing a morsel of bread he dramatically exclaimed: “May God cause this
bread to choke me if I am guilty in thought or in deed of this crime.”
Then the King took the bread and blessed it, and, whether he poisoned
it or not, when Godwin put it in his mouth and swallowed it, he was
suffocated by it and fell down dead.[62]
In this age of scepticism it is hard to accept this superstitious
explanation for the end of old Duke Godwin, but the secret of his death
is more reasonably accounted for, on the theory of Boccascio’s story of
Calen Drino, where the expected miracle was brought about by the secret
mixture of aloes in the bread of the corsned, for, as Lea suggests,
Edward the Confessor, both because of his dislike for his father-in-law,
and his desire to cast off the tutelage in which he was held, in order
to further his self interest and rid himself of a hated enemy, would no
doubt have secretly mixed poison with the corsned used in this ordeal and
then caused the story to be circulated among the superstitious subjects,
to account for the Duke’s sudden demise.[63]
We find that the ordeal was utilized in France, in the tenth century in
the notable case of Teutberga, the wife of King Lothair, great-grandson
of Charlemagne. Desiring to rid himself of his wife, this degenerate
grandson of a worthy grand-sire, accused her of incest and forced her
to a confession. She afterwards recanted and denied the truth of her
confession and offered to establish her innocence by the ordeal of hot
water, by proxy.[64]
Hincmar, the most distinguished divine of this period championed the
cause of the unfortunate queen and wrote a dissertation upon the
infallibility of the test of the ordeals, because they had the guidance
of the Divine Wisdom, effectually convincing himself and a large number
of the French subjects of the correctness of the judgment by this ordeal,
especially when King Lothair so far estopped himself from claiming that
he had not desired to get rid of his wife, by espousing his concubine,
Waldrada, whom he had, in fact, preferred to the wife he had discredited
by the criminal charge against her.[65]
Illustrating the prevalence with which the pagan practice of ordeal had
taken possession of the minds of the churchmen of the ninth century, Lea
quotes the argument of Hincmar, in his interesting work, “Superstition
and Force,”[66] as follows:
Public-domain text, read in full here on John Shaqi.
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