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 the ordeal of water, the judge adjures the water, as in the
preceding tests, by the balance and by fire, and the accused
wades into water to his waist, while another shoots an arrow.
The accused dives into the water and if he remains under while
a swift runner returns the arrow, he is innocent, but otherwise
is adjudged guilty.
In the poison ordeal, after the selection of the particular
poison the judge thus adjures the poison: ‘Thou, O poison,
art the son of Brahma,[17] thou are persistent in truth and
justice; relieve this man from sin and by thy virture become
an ambrosia to him. On account of thy venomous and dangerous
nature, thou art the destruction of all living creatures; thou
art destined to show the difference between right and wrong,
like a witness.’ The accused person eats the poison and if it
easily digested, without violent symptoms, the king shall
recognize him as innocent, and dismiss him, after having
honored him, with presents.
In the ordeal of sacred libation, the judge should give the
accused water in which an image of that deity to whom he is
devoted, has been bathed, thrice calling out the charge, with
composure. One to whom any misfortune or calamity happens,
within a week, or a fortnight, is proved to be guilty.”[18]
Charlemagne apparently did not place much dependence in the _judicium
Dei_, by means of the ordeal, at the beginning of his reign, for in 779,
by his edict the trial by ordeal was to be used in the more trifling
offenses, while cases of greater magnitude were to be tried by the civil
law of the realm.[19]
Later on in his reign, however, by his edicts of the year 806 and 809
this monarch seems to have come to regard the ordeal with much greater
favor, for he frequently referred to this method of trial; when dividing
up his empire between his sons he directed that all disputes should be
settled by ordeal, and endeavored to force a greater regard for the
judgments in trials by ordeal, on the part of the subjects, whom, it
seems, had come to entertain his own early distrust in this species of
trials.[20]
It seems that Charlemagne completely believed in the efficacy of the
ordeal, by the year 794, for we are told that in this year, a certain
Bishop Peter, who was condemned by the Synod of Frankfort to clear
himself of the suspicion of complicity in a conspiracy of treason
against Charlemagne, being unable to obtain conjurators, one of his
vassals offered to attempt the test of the ordeal, as his proxy, and
on his success, the Bishop was adjudged innocent of the charge and was
reinstated.[21]
Public-domain text, read in full here on John Shaqi.
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