Superstition and Force: Essays on the Wager of Law, the Wager of Battle, the Ordeal, Torture — John Shaqi
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 intense veneration with which relics were regarded, however, caused
them to be generally adopted as the most effective means of adding
security to oaths, and so little respect was felt for the simple oath
that, ere long, the adjuncts came to be looked upon as the essential
feature, and the imprecation itself to be divested of binding force
without them. Thus, in 680, when Ebroin, mayor of the palace of
Burgundy, had defeated Martin, Duke of Austrasia, and desired to entice
him from his refuge in the stronghold of Laon, two bishops were sent
to him bearing the royal reliquaries, on which they swore that his
life should be safe. Ebroin, however, had astutely removed the holy
remains from their cases in advance, and when he thus got his enemy
in his power, he held it but a venial indiscretion to expose Martin
to a shameful death.[55] How thoroughly this was in accordance with
the ideas of the age is shown by the incorporation, in the canons of
the church, of the doctrine that an oath was to be estimated by its
externals and not by itself. The penitential of David, dating from the
latter half of the sixth century, provides that perjury committed in
a church shall be punished by a fine of four times the value of that
for which the false oath was taken,[56] but no penalty is provided for
false swearing elsewhere. As the theory developed itself this tacit
condoning of such perjury was boldly declared to be good ecclesiastical
law, and the venerable code of morality which passes under the name of
Theodore Archbishop of Canterbury assumes that a false oath taken on
a consecrated cross requires, for absolution, three times the penance
necessary in cases where the oath had been taken on an unconsecrated
one, while, if the ministration of a priest had not been employed, the
oath was void, and no penalty was inflicted for its violation.[57] In
a similar mood the penitential known as that of Gregory III. provides
that three years’ penance will absolve for perjury committed on a
consecrated cross or on the hand of a bishop or priest, while seven
years are requisite if the oath has been taken on the gospels or on
an altar with relics.[58] This rule took its final shape in the canon
law, which provides one year’s penance for perjury committed on an
unconsecrated cross, and three years’ for that on a consecrated one, or
on the hand of a bishop.[59]
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