This marked the end of trials by ordeal as recognised by law. The process
of extermination had long been in progress, but popular opinion was
against reform, and certain of these curious customs survived. Although
the clergy had at first taken part in these ceremonials, and presided over
them in church, they came in time to discountenance them. The canon law
declared against ordeals as being the work of the Devil, and a decree to
this effect was issued in the eighteenth canon of the fourth Lateran
Council in November, 1215. Upon this authority it was thought proper,
says Blackstone (as had been done in Denmark a century ago), "to disuse
and abolish these trials entirely in our courts of justice by an Act of
Parliament, Henry III., according to Sir Edward Coke, or rather by an
order of the King in Council." The actual date of the abolition of ordeals
by fire and water was 1261. On the Continent these forms of trial had been
abolished by civil and ecclesiastical law much earlier, although in 1498
an attempt was made to test the doctrine of Savonarola by means of a
challenge from one of his disciples to a Franciscan friar to walk through
a pile of burning wood. Old customs die hard, and the incident is a
curious and interesting instance of the persistence of a popular form of
trial even among the members of a party by which it had been condemned.
On Symbols.
BY GEORGE NEILSON.
The wayward fancies of mankind are well illustrated in the diversity of
symbolic observances, some never losing their meaning, some absolutely
unintelligible in their historic form, and some as much characterised by a
befitting dignity, as others are by the want of it. All once were
self-explanatory and possessed a measure of propriety proportioned to the
state of the people amidst whom they originated. But tradition is long,
centuries elapse, each modifying a ceremony, and when the procedure
emerges within the knowledge of record, it has often so lost touch with
its surroundings, that it is hopeless to speculate how it arose.
Symbols are drawn from and applied to every field of human activity. Of
course in a general sense man expresses himself only so, and a regular
alphabet is but a comparatively trifling advance on the language of signs.
What we call civilization, is at bottom little more than a clear
recognition of certain symbols of government. The Queen's crown, the
Judge's ermine, the Mayor's mace, what are they else? The sceptre is only
a glorified stick, of which the policeman's baton is a humbler shape. Each
embodies the great thought that behind it stands a nation's determination
to be ruled by law.
Public-domain text, read in full here on John Shaqi.
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