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
The most efficient cause of the increased use of the ordeal was,
however, to be found in the Church. With her customary tact, in
converting the Barbarians, she adopted such of their customs as she
could adapt to Christian belief and practice; and she accepted the
ordeal as an undoubted appeal to God, whose response was regarded as
unquestionable, warrant being easily found for this in the Jewish
practices already described. The pagan ceremonies were moulded into
Christian rites, and the most solemn forms of religion were thrown
around the rude expedients invented thousands of years before by
the Bactrian nomads. Elaborate rituals were constructed, including
celebration of mass and impressive prayers, adjurations and exorcisms
of the person to undergo the trial and of the materials used in it,
and the most implicit faith was inculcated in the interposition of
God to defend the right and to punish guilt.[878] The administration
of the ordeal being thus reserved for priestly hands, the Church
acquired a vastly increased influence as the minister of justice, to
say nothing of the revenues thence arising, and the facility with which
ecclesiastics could thus defend themselves when legally assailed by
their turbulent flocks. We are not without evidence of the manner in
which the church thus favored the use of this Christianized paganism,
and introduced it along with Christianity among people to whom it
was previously unknown. Thus among the Turanian Majjars, the laws of
King Stephen, promulgated in 1216, soon after his conversion, contain
no allusion to the ordeal, but in those of Ladislas and Coloman,
issued towards the end of the century, it is found, in its various
forms, thoroughly established as a means of legal proof.[879] So,
when in the twelfth century Bishop Geroldus converted the Slavs of
Mecklenburg, they were at once forbidden to settle questions by oaths
taken on trees, fountains, and stones, as before, but were required to
bring their criminals before the priest to be tried by the hot iron
or ploughshares.[880] Under the Crusaders, the ordeal was carried
back towards the home of its birth, even contaminating the Byzantine
civilization, and various instances of its use are related by the
historians of the Lower Empire to a period as late as the middle of the
fourteenth century.
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