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
“In boiling in water the guilty are scalded and the innocent
are unhurt, because Lot escaped unharmed from the fire of
Sodom, and the future fire which will precede the terrible
judge, will be harmless to the saints, and will burn the wicked
as in the Babylonian furnace of old.”
Of course the correctness of this syllogism, depends upon the correctness
of the first assumption, based upon the delusions and superstitions of
a past age, but the conclusion seemed to satisfy a large number of that
day, judged by the standards then obtaining, among which was the idea of
a Deity who was a bigger, stronger, crueler man—a more “terrible judge.”
Some few of the many interesting trials by ordeal, which obtained during
the twelfth century in the reigns of Richard I. and King John, have been
reproduced by Sir F. Palgrave, in his “Proofs and Illustrations,” to be
found in the _Rotuli Curiae Regis_[67] for those reigns. Let us examine a
few of these old Rolls.
“_Roll of the Iter of Wiltshire, 10 Richard I._—The jurors
say that Radulphus Parmentarius was found dead with his neck
broken, and they suspect one Christina, who was formerly the
wife of Ernaldus de Knabbewell, of his death, because Radulphus
sued Christina in the ecclesiastical court for breach of a
promise of marriage she had made to him and after the death
of her husband Ernaldus, Reginald, a clerk, frequented her
and took her away from Radulphus, and Reginald and Christina
hated Radulphus for sueing her, and on account of that hatred,
the jurors suspect her and the clerk of his death. And the
country says it suspects her. Therefore, it is considered that
the clerk and Christina appear on Friday, and that Christina
purge herself by fire.[68] _Roll of the Iter of Stafford, in 5
John._—One Elena is suspected by the jurors, because she was
at the place where Rainalda de Henchenhe was killed and because
she was killed by her help and consent. She denies it. Let her
purge herself by the judgment of fire; but as she is ill, let
her be respited, till she gets well.
Andrew of Bureweston is suspected by the jurors of the death of
one Hervicus, because he fled for his death, therefore let him
purge himself by the judgment of water.”[69]
During the witchcraft craze, in Europe, the ordeal of fire and water was
frequently invoked by the accused persons, to clear themselves of the
charge, but so incensed were the people against those arraigned for this
offense that it was difficult to convince the courts and juries of the
innocence of the alleged offender, even by this supposed infallible test
of the judgment of God. It was presumed that the Devil interfered with
the correctness of the termination of the tests in this hated crime and
so the poor suspects were condemned, after suffering untold tortures,
even though the test of the ordeal favored their innocence of the charge.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account