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
Upon the waters of the jealous Rhine
The savage Celts their children cast, nor own
Themselves as fathers till the power divine
Of the chaste river shall the truth make known.
Scarce breathed its first faint cry, the husband tears
Away the new-born babe, and to the wave
Commits it on his shield, nor for it cares
Till the wife-judging stream the infant save,
And prove himself the sire. All trembling lies
The mother, racked with anguish, knowing well
The truth, but forced to risk her cherished prize
On the inconstant waters’ reckless swell.[869]
The Teutonic tribes, anterior to their conversion, likewise exhibit the
ordeal as a recognized resource in judicial proceedings. The Norræna
branch, as we have seen, cultivated the _holm-gang_, or duel, with
ardor, and they likewise employed the hot-water ordeal, besides a
milder form peculiar to themselves entitled the _skirsla_, in which one
of the parties to a suit could prove the truth of his oath by passing
under a strip of turf raised so that it formed an arch with each end
resting on the ground, the belief being that if he had forsworn himself
the turf would fall on him as he passed beneath it.[870] The Germanic
tribes, in their earliest jurisprudence, afford similar evidence of
adherence to the customs of their eastern brethren. The most ancient
extant recension of the Salic law may safely be assumed as coeval with
the conversion of Clovis, as it is free from all allusions to Christian
rules, such as appear in the later versions, and in this the trial
by boiling water finds its place as a judicial process in regular
use.[871] Among the Bavarians, the decree of Duke Tassilo in 772
condemns as a relic of pagan rites a custom named _stapfsaken_, used in
cases of disputed debt, which is evidently a kind of ordeal from the
formula employed, “Let us stretch forth our right hands to the just
judgment of God!”[872]
The Slavs equally bear witness to the ancestral practice of the ordeal
as a judicial process. The _prauda jeliezo_, or hot-iron ordeal, was in
use among them in early times.[873] In Bohemia, the laws of Brzetislas,
promulgated in 1039, make no allusion to any other form of evidence
in contested cases, while in Russia it was the final resort in all
prosecutions for murder, theft, and false accusation.[874]
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