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 the earlier periods of European law, the burning iron was reserved
for cases of peculiar atrocity. Thus we find it prescribed by
Charlemagne in accusations of parricide;[920] the Council of Risbach in
799 directed its use in cases of sorcery and witchcraft;[921] and among
the Thuringians it was ordered for women suspected of poisoning or
otherwise murdering their husbands[922]—a crime visited with peculiar
severity in almost all codes. In 848 the Council of Mainz indicates
it specially for slaves,[923] while the Council of Tribur, in 895,
orders it for all cases of accusation against freemen.[924] Among
the Anglo-Saxons the accuser had the right to select the ordeal to
be employed,[925] while at a later period in Germany this privilege
was conferred on the accused.[926] In England it subsequently became
rather an aristocratic procedure as contradistinguished from the water
ordeals.[927] On the other hand, in the Assises de Jerusalem the
hot iron is the only form alluded to as employed in the _roturier_
courts;[928] in the laws of Nieuport, granted by Philip of Alsace in
1163, it is prescribed as a plebeian ordeal;[929] and about the same
period, in the military laws enacted by Frederic Barbarossa during his
second Italian expedition, it appears as a servile ordeal.[930] In the
Russian law of the eleventh century, it is ordered in all cases where
the matter at stake amounts to more than half a _grivna_ of gold, while
the water ordeal is reserved for suits of less importance.[931] In the
Icelandic code of the twelfth century it is prescribed for men, in
cases in which women are required to undergo the hot-water ordeal;[932]
while the reverse of this is seen in an English case occurring in
1201, where six men and a woman were accused of burglary; the men
were ordered to the water ordeal and the woman to red-hot iron.[933]
A specially severe form was provided for women in Ireland, who, when
accused, were obliged to lick with the tongue a bronze axe-head heated
to redness in a fire of black-thorn.[934]
Public-domain text, read in full here on John Shaqi.
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