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 Europe, even as late as 1310, in the proceedings against the Order
of the Templars, at Mainz, Count Frederic, the master preceptor of
the Rhenish provinces, offered to substantiate his denial of the
accusations by carrying the red-hot iron.[959] In Modena in 1329, in
a dispute between the German soldiers of Louis of Bavaria and the
citizens, the Germans offered to settle the question by carrying a
red-hot bar; but when the townsfolks themselves accomplished the feat,
and triumphantly showed that no burn had been inflicted, the Germans
denied the proof, and asserted that magic had been employed.[960]
Though about this time it may be considered to have disappeared from
the ordinary proceedings of the secular courts, there was one class
of cases in which its vitality still continued for a century and a
half. The mysterious crime of witchcraft was so difficult of proof
that judicial ingenuity was taxed to its utmost to secure conviction,
and the Devil was always ready to aid his followers and baffle the
ends of justice. The Inquisitor Sprenger, writing in 1487, therefore
recommends that, when a witch cannot be forced to confess her guilt
by either prayers or torture, she shall be asked whether she will
undergo the ordeal of red-hot iron; to this she will eagerly assent,
knowing that she can rely on the friendly assistance of Satan to carry
her through it unscathed, and this readiness will be good evidence
of her guilt. He warns inexperienced judges moreover not to allow
the trial to take place, and thus afford to Satan the opportunity
of triumph, and instances a case which occurred in 1484 before the
Count of Furstenberg. A well-known witch was arrested and tried, but
no confession could be extorted from her by all the refinements of
torture. Finally she offered to prove her innocence with the red-hot
iron, and the Count being young and unwary accepted the proposal,
sentencing her to carry it three paces. She carried it for six paces
and offered to hold it still longer, exhibiting her hand uninjured. The
Count was forced to acquit her, and at the time that Sprenger wrote she
was still living, to the scandal of the faithful.[961]
Public-domain text, read in full here on John Shaqi.
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