Superstition and Force: Essays on the Wager of Law, the Wager of Battle, the Ordeal, TortureLea, Henry Charles
History
Superstition and Force: Essays on the Wager of Law, the Wager of Battle, the Ordeal, Torture
Lea, Henry Charles
Ordeal; Torture; Wager of battle; Wager of law
which renders the cure of souls too often a matter of bargain and sale.
CHAPTER VIII.
DECLINE OF THE JUDICIAL COMBAT.
So many influences were at work in favor of the judicial duel, and
it was so thoroughly engrafted in the convictions and prejudices of
Europe, that centuries were requisite for its extirpation. Curiously
enough, the earliest decisive action against it took place in
Iceland, where it was formally interdicted as a judicial proceeding
in 1011;[662] and though the assumption that this was owing to the
introduction of Christianity has been disproved, still, the fact that
both events were contemporaneous allows us to conclude that some
influence may have been exercised by even so imperfect a religion as
that taught to the new converts, though the immediate cause was a
_holm-gang_ between two skalds of distinction, Gunnlaug Ormstunga and
Skald-Rafn.[663] Norway was not long in following the example, for
about the same period the Jarls Erik and Sven Hakonsen abolished the
_holm-gang_, while paganism was as yet widely prevalent.[664] Denmark
was almost equally prompt: indeed Saxo Grammaticus in one passage
attributes to it the priority, asserting that when Poppo, in 965,
converted Harold Blaatand by the ordeal of red-hot iron, it produced so
powerful an effect as to induce the substitution of that mode of trial
for the previously existing wager of battle.[665] Yet it evidently was
not abolished for a century later, for when Harold the Simple, son of
Sven Estrith, ascended the throne in 1074, among the legal innovations
which he introduced was the substitution of the purgatorial oath for
all other forms of defence, which, as Saxo specifically states, put an
end to the wager of battle, and opened the door to great abuses.[666]
Public-domain text, read in full here on John Shaqi.
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