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
circumstantially.[47]
Similarly in Christian times, the most venerated forms of religion
were, from a very early period, called in to lend sanctity to the
imprecation, by devices which gave additional solemnity to the awful
ceremony. In this the natural tendency of the church to follow the
traditional customs of the populations from which its members were
drawn was reinforced by the example of the practices of Judaism. The
“covenant between the pieces,” by which Yahveh confirmed his promises
to Abram, and by which the Jews renewed their promises to him, was
a sacrificial ceremony of the most impressive character, only to be
used on occasions of supreme importance. As soon as a permanent place
of worship was provided, the altar in the temple was resorted to
by litigants in order that the oath might be taken in the presence
of Yahveh himself; and so powerful was the impression of this upon
the Christian mind that in the early ages of the church there was a
popular superstition that an oath taken in a Jewish synagogue was more
binding and more efficient than one taken elsewhere.[48] These beliefs
developed into a great variety of formulas, which would reward an
examination more detailed than that which I can give them here.
In the middle of the sixth century, Pope Pelagius I. did not disdain
to absolve himself from the charge of having been concerned in the
troubles which drove his predecessor Vigilius into exile, by taking a
disculpatory oath in the pulpit, holding over his head a crucifix and
the gospels;[49] and in the eighth century a priest accused without
witnesses to prove his guilt was enabled to absolve himself by placing
the cross upon his head and declaring his innocence by the Everlasting
God.[50] So, when the holy Gregory of Tours was accused of reproachful
words truly spoken of Queen Fredegonda, a council of bishops decided
that he should clear himself of the charge by oaths on three altars,
after celebrating mass on each, which he duly performed, doubtless
more to his corporeal than his spiritual benefit.[51] This plan of
reduplicating oaths on different altars was an established practice
among the Anglo-Saxons, who, in certain cases, allowed the plaintiff
to substantiate his assertion by swearing in four churches, while the
defendant could rebut the charge by taking an oath of negation in
twelve.[52] Seven altars are similarly specified in the ancient Welsh
laws in cases where a surety desired to deny his suretyship;[53] and,
according to the _Fleta_, as late as the thirteenth century, a custom
was current among merchants of proving the payment of a debt by
swearing in nine churches, the abuse of which led to its abrogation.[54]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account