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
Soon after the death of Charlemagne, in the year 816,
Louis-le-Debonnaire, at the Council of Aix-la-Chapelle, prohibited the
continuance of the ordeal of the cross,[22] because it had a tendency to
bring the Christian symbol into contempt and his son, the Emperor Lothair
also issued a similar edict against the use of this ordeal, after he
assumed the reigns of government.[23]
Among the early Saxons, the ordeals by fire and water were practiced,
for we find that the _ordale_ signified _judicium aequum, justum,
indifferens_, “an upright, just and indifferent judgment.”[24]
Tacitus tells us that the ancestors of our Saxon forefathers, during
pagan times, were addicted to divination and risked certain results upon
the flying of birds, the neighing of horse and trial by combat.[25] And
trial by ordeal was used by them in both civil and criminal cases, to
determine the issues later solved by the testimony of witnesses, or the
oaths of compurgators.[26]
The ordeal of hot water appears in the laws of Ine,[27] who began his
reign in the year 710, and the ordeals by fire and water had become
so common by the time of King Athelstan, that we find the procedure
governing such trial, fully covered by his Constitutions,[28] by which
they were considered in the light of religious ceremonies:
“Concerning ordeal, we command, in the name of God, and by the
precept of our archbishops and bishops, that no man enter into
the church after the fire is brought in, wherewith the judgment
is to be made hot, except the priest, and he who is to undergo
the trial; and let there be measured nine feet from the stake
unto the mark, according to the measure of the foot, who is to
come thus to judgment.
And if the trial be by water, let it be made hot, till it boil,
in a vessel of iron, brass, lead, or clay; and if it be single,
let his hand be put therein after a stone or stock up to his
wrist; but if the accusation be threefold, then to his elbow;
and when the judgment shall be prepared, let two men be brought
in on either side, to make experiment, that it be as hot as is
afore expressed.
Public-domain text, read in full here on John Shaqi.
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