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
Compurgation by witnesses was substituted, in England in the early part
of the thirteenth century, for the former mode of compurgation by ordeal
and the latter became an obsolete procedure in England, until revived
in the crime of witchcraft, by James I., where it was quite generally
used, to determine the guilt or innocence of persons accused of sorcery,
because of the absence of any other test to apply, to determine their
guilt or innocence.[56] This superstitious monarch maintained that trial
by ordeal was an infallible test in cases of witchcraft, because the pure
elements of fire and water would not receive those who had renounced
the sacred privileges of their baptism and by his authority and example
thousands of cases of cruelty and oppression resulted, in the use of
the ordeal, as applied to cases of sorcery, during the craze of that
delusion, in Europe,[57] but otherwise, the trial by ordeal passed into
history, along with the many other cruel institutions of a past age.
The ordeal was frequently used, in ancient Europe, to establish the
paternity of children or the chastity of women, the success or failure of
the test being generally accepted as the judgment of God.
In 887 Charles-le-Gros accused his wife, the Empress Richarda, of
adultery with Bishop Liutward, and she offered to prove her innocence by
the judicial combat, or the ordeal of the red-hot iron.[58]
St. Cunigundi, referred to as the “virgin-wife” of the Emperor St. Henry
II., is also reported to have eagerly appealed to the judgment of God, to
establish her innocence of the baseless charge of infidelity, preferred
against her by her jealous lord, and in vindication of her honor, to have
successfully trod, unharmed, the red-hot plow-shares.[59]
In the eleventh century, the unholy purpose of Edward the Confessor—who
was himself too ascetic to make his own wife, Editha, the partner of his
bed[60]—in his desire to accomplish the death of his own Mother, Queen
Emma, because of her partiality to his half brother, Hardicanute—the son
of Canute,—was frustrated by the Queen invoking this judgment of God,
through the ordeal of the red-hot iron, to establish her innocence of
the charge of adultery with Alwyn, the Bishop of Winchester. The Queen
triumphantly purged both herself and the Bishop, by the help of St.
Sowthin, by walking bare-footed over nine red-hot plow-shares and out of
gratitude for this vindication, the Queen and the Bishop each gave nine
manors to the Church of Winchester in memory of the nine plow-shares, and
it is reported that the King, for preferring the false charge against
them, was corrected with stripes.[61]
The Confessor was more successful in ridding himself of his
father-in-law, however, and the interesting case of Godwin, Duke of Kent,
father of Harold and sometimes called the “King maker of England,” during
the reign of Edward the Confessor, also illustrates the superstitious
belief in the corsned ordeal.
Public-domain text, read in full here on John Shaqi.
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