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
No form of ordeal was more thoroughly introduced throughout the whole
extent of Europe. From Spain to Constantinople, and from Scandinavia
to Naples, it was appealed to with confidence as an unfailing mode of
ascertaining the will of Heaven. The term _judicium_, indeed, was at
length understood to mean an ordeal, and generally that of hot iron,
and in its barbarized form, _juise_, may almost always be considered
to indicate this particular kind. In the Swedish law of the early 13th
century, the red-hot iron was used in a large number of crimes, and the
ferocity of its employment is exemplified in the formula prescribed for
homicide. A person accused of murder on suspicion was always obliged to
justify himself by carrying the hot iron for nine steps; and if he did
not appear to stand his trial when duly summoned, he might be forced
to undergo a preliminary ordeal to prove that he had been unavoidably
detained. If he failed in this, he was condemned as guilty, but if he
succeeded in enduring it he was forced to perform the second ordeal to
clear him of the crime itself; while the heir of the murdered man, so
long as no one succumbed in the trial, could successively accuse ten
men; for the last of whom, however, the nine burning ploughshares were
substituted.[953] In the code of the Frankish kingdoms of the East, it
is the only mode alluded to, except the duel, and it there retained
its legal authority long after it had become obsolete elsewhere. The
Assises de Jerusalem were in force in the Venetian colonies until the
sixteenth century, and the manuscript preserved officially in the
archives of Venice, described by Morelli as written in 1436, retains
the primitive directions for the employment of the _juise_.[954] Even
the Venetian translation, commenced in 1531, and finished in 1536, is
equally scrupulous, although an act of the Council of Ten, April 10,
1535, shows that these customs had fallen into desuetude and had been
formally abolished.[955] In Hungary, the judicial records of Waradin
from 1209 to 1235 contain 389 judgments, of which a large part were
determined by the hot-iron ordeal.[956]
This ordeal even became partially naturalized among the Greeks,
probably as a result of the Latin domination at Constantinople. In
the middle of the thirteenth century, the Emperor Theodore Lascaris
demanded that Michael Paleologus, who afterwards wore the imperial
crown, should clear himself of an accusation in this manner; but the
Archbishop of Philadelphia, on being appealed to, pronounced that it
was a custom of the barbarians, condemned by the canons, and not to be
employed except by the special order of the emperor.[957] Yet George
Pachymere speaks of the custom as one not uncommon in his youth,
and he describes at some length the ceremonies with which it was
performed.[958]
Public-domain text, read in full here on John Shaqi.
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