Legal Lore: Curiosities of Law and Lawyers — John Shaqi
Legal Lore: Curiosities of Law and Lawyers
History
Legal Lore: Curiosities of Law and Lawyers
Law -- Miscellanea
In the Eastern Empire the fire ordeal was largely used by the Emperor
Theodore Lascoris for the discovery of the origin of the sickness with
which he was afflicted. His majesty attributed the malady to magic, and
all suspected persons were required to handle red-hot iron in order to
establish their guilt or innocence, "thus joining," as an ancient scribe
exclaims, "to the most dubious crime in the world the most dubious proof
of innocence."
Fire, as we have said, was employed for persons of high rank: those of
baser degree, especially bondsmen and rustics, were tried by the ordeal of
boiling water. "I will go through fire and water for my friend" was a
common expression in the middle ages, and, though having lost its original
significance, the saying has persisted to the present time as a
declaration of self-sacrifice. The accused person was required to take a
stone from a pan of boiling water, to insert the hand and wrist into the
liquid, and in case of the triple ordeal, to plunge the arm in up to the
elbow. When cold water was employed, and in cases of witchcraft this was
generally resorted to, the suspect was flung into a river or pond. If he
floated without appearance of swimming, he was pronounced innocent; if he
sank, he was condemned as guilty--rather a superfluous proceeding,
considering that the man was in all probability already drowned.
It would be going too far to assert that in all cases these ordeals were
carried out with the strictest impartiality and consideration for the ends
of justice. Means were not unknown to circumvent the peculiar forms of the
trial, and precautions were often taken by the clergy, as might have been
done in the case of Queen Emma, to protect those whom they desired to
clear of suspicion. It is a well-known fact that white-hot iron may be
licked with impunity, and the Mevleheh dervishes are proficient in the
trick of holding red-hot iron between their teeth. Sometimes cold iron,
painted red, was employed, and at others the fire reduced in temperature
at the critical moment, the suspect receiving only such injury as would
heal in the three days allowed before his hand was examined. Artificial
preparations were frequently employed, while the suspect had at times the
option of going alone into the church, and in all cases of keeping the
crowd of spectators at a distance, which made minute inspection of the
proceedings impossible.
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