Penal Methods of the Middle Ages: Criminals, Witches, LunaticsIves, George Burnham
History
Penal Methods of the Middle Ages: Criminals, Witches, Lunatics
Ives, George Burnham
Punishment
Perhaps, however, the best-known ordeal was that which was worked out
with a heated iron bar or ring.[190] This generally weighed three
pounds, and had to be carried—they were always personal and picturesque
in the middle ages—for a distance of nine times the length of the
bearer’s foot.[191] His hand was then bound up and left alone for three
days.[192] At the end of these it was examined, and if found clean and
free from suppuration[193] the accused was acquitted.
Doubtless, in deeply superstitious times the ordeals, with their solemn
prayers and incantations, were fairly effective. But yet they do not
seem to have been altogether trusted, at any rate in the later
period,[194] since even those who passed successfully through them were
obliged to quit the country within forty days.[195] Most people,
however, who underwent ordeals had been arraigned by twelve knights of
the county (who thus resembled a Grand Jury) and were already under
grave suspicion;[196] the ordeal, then, could only say not proven.
Moreover, it would appear from various sources that the tests and trials
were frequently tampered with,[197] the elaborate ritual giving plenty
of opportunity;[198] at least one king scoffed at priestly
acquittals.[199]
After incurring the disapproval of many Popes, the ordeals were
condemned at the fourth Council of Lateran in 1215, and by the
eighteenth canon priests were forbidden to pronounce their blessing upon
them.[200] The ordeals were abolished in England in the reign of Henry
III. and the juries took their place.[201]
Another species of ordeal, and certainly another means of escape from
the criminal law, was the wager of battle. This very ancient mode of
trial[202] was introduced into England by the Normans under William I.
If a man made a charge against another, and proofs of guilt were not
obvious and overwhelming, the latter could demand trial by battle,[203]
unless the complainant were over sixty years old or were sick and
infirm,[204] or laboured under some physical disability,[205] in which
case he might choose the ordeal.[206] Priests, infirm persons, and women
might have champions to represent them.[207] The knights fought with
their usual weapons,[208] the plebeians with staves forty-five inches
long, which were tipped with iron heads shaped like rams’ horns.[209]
They were to be bareheaded, barefooted, and close-shaven; and so they
fought till death or surrender,[210] at first with the clubs, and
afterwards, failing them, in hideous grapple, killing as best they
could. If the accuser were defeated he could be committed to gaol as a
calumniator,[211] but was not to lose life or limb; he was, however,
fined sixty shillings and lost civil rights.[212]
Public-domain text, read in full here on John Shaqi.
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