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
In almost all ages there has existed the belief that under the
divine influence the human frame was able to resist the action of
fire. Even the sceptic Pliny seems to share the superstition as to
the families of the Hirpi, who at the annual sacrifice made to
Apollo, on Mount Soracte, walked without injury over piles of burning
coals, in recognition of which, by a perpetual senatus consultum,
they were relieved from all public burdens.[905] That fire applied
either directly or indirectly should be used in the appeal to God was
therefore natural, and the convenience with which it could be employed
by means of iron rendered that the most usual form of the ordeal. As
employed in Europe, under the name of _judicium ferri_ or _juise_ it
was administered in two essentially different forms. The one (_vomeres
igniti, examen pedale_) consisted in laying on the ground at certain
distances six, nine, or in some cases twelve, red-hot ploughshares,
among which the accused walked barefooted, sometimes blindfolded,
when it became an ordeal of pure chance, and sometimes compelled to
press each iron with his naked feet.[906] The other and more usual
form obliged the patient to carry in his hand for a certain distance,
usually nine feet, a piece of red-hot iron, the weight of which was
determined by law and varied with the importance of the question
at issue or the magnitude of the alleged crime. Thus, among the
Anglo-Saxons, in the “simple ordeal” the iron weighed one pound, in the
“triple ordeal” three pounds. The latter is prescribed for incendiaries
and “morth-slayers” (secret murderers), for false coining, and for
plotting against the king’s life; while at a later period, in the
collection known as the Laws of Henry I., we find it extended to cases
of theft, robbery, arson, and felonies in general.[907] In Sweden,
for theft, the form known as _trux iarn_ was employed, in which the
accused had to carry the red-hot iron and deposit it in a hole twelve
paces from the starting-point; in other cases the ordeal was called
_scuz iarn_, when he carried it nine paces and then cast it from him.
These ordeals were held on Wednesday, after fasting on bread and water
on Monday and Tuesday; the hand or foot was washed, after which it was
allowed to touch nothing till it came in contact with the iron; it
was then wrapped up and sealed until Saturday, when it was opened in
presence of the accuser and the judges.[908] In Spain, the iron had no
definite weight, but was a palm and two fingers in length, with four
feet, high enough to enable the criminal to lift it conveniently.[909]
The episcopal benediction was necessary to consecrate the iron to its
judicial use. A charter of 1082 shows that the Abbey of Fontanelle in
Normandy had one of approved sanctity, which, through the ignorance
of a monk, was applied to other purposes. The Abbot thereupon asked
the Archbishop of Rouen to consecrate another, and before the latter
Public-domain text, read in full here on John Shaqi.
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