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
This form of trial was in use among all the races in whose legislation
the _purgatio vulgaris_ found place. It is the only mode alluded to
in the Salic Law, from the primitive text to the amended code of
Charlemagne.[892] The same may be said of the Wisigoths, as we have
already seen; while the codes of the Frisians, the Anglo-Saxons, and
the Lombards, all refer cases to its decision.[893] In Iceland, it was
employed from the earliest times;[894] in the primitive jurisprudence
of Russia its use was enjoined in cases of minor importance,[895] and
it continued in vogue throughout Europe until the general discredit
attached to this mode of judgment led to the gradual abandonment of
the ordeal as a legal process. It is among the forms enumerated in the
sweeping condemnation of the whole system, in 1215, by Innocent III.
in the Fourth Council of Lateran; but even subsequently we find it
prescribed in certain cases by the municipal laws in force throughout
the whole of Northern and Southern Germany,[896] and as late as 1282 it
is specified in a charter of Gaston of Béarn, conferring on a church
the privilege of holding ordeals.[897] At a later date, indeed, it
was sometimes administered in a different and more serious form, the
accused being expected to swallow the boiling water. I have met with
no instances recorded of this, but repeated allusions to it by Rickius
show that it could not have been unusual.[898] Another variant is seen
in the case of a monk who had brought the body of St. Helena to his
convent and was forced to prove its genuineness by complete immersion
in boiling water—a trial which he endured successfully.[899]
Public-domain text, read in full here on John Shaqi.
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