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
These principles were adopted as the fundamental basis of all legal
procedures in Wales. Every prosecution and defence required relics to
give validity to the oaths of both parties, and even in the fifteenth
century a collection of laws declares that a plaintiff coming into
court without a relic on which to make his oath, not only lost his
cause, but incurred a fine of nine-score pence. The same tendency is
shown in the rule by which a man who suspected another of theft could
go to him with a relic, and in the presence of witnesses demand an oath
of negation, a failure in which was a conviction of the crime imputed,
without further trial.[60] In the same spirit, ecclesiastical authority
was even found to admit that a powerful motive might extenuate the sin
of perjury. If committed voluntarily, seven years of penitence were
enjoined for its absolution; if involuntarily, sixteen months, while
if to preserve life or limb, the offence could be washed out with four
months.[61] When such doctrines were received and acted upon, we can
hardly wonder at the ingenious device which the sensitive charity of
King Robert the Pious imitated from the duplicity of Ebroin, to save
the souls of his friends. He provided two reliquaries on which to
receive their oaths—one for his magnates, splendidly fabricated of
crystal and gold, but entirely empty, the other for the common herd,
plainer and enshrining a bird’s egg. Knowing in advance that his
lieges would be forsworn, he thus piously sought to save them from sin
in spite of themselves, and his monkish panegyrist is delighted in
recounting this holy deceit.[62]
Public-domain text, read in full here on John Shaqi.
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