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
The earliest legal allusion to this form of ordeal in Europe occurs
in the code of the Ripuarian Franks, where it is prescribed as
applicable to slaves and strangers, in some cases of doubt.[974]
From the phraseology of these passages, we may conclude that it was
then administered by placing the hand of the accused in a fire. As
a legal ordeal this is perhaps the only allusion to it in European
jurisprudence, but it was repeatedly resorted to by enthusiasts
as a voluntary trial for the purpose of establishing the truth of
accusations or of substantiating their position. In these cases it
was conducted on a larger and more impressive scale; huge pyres were
built, and the individual undergoing the trial literally walked through
the flames, as Siawush did. The celebrated Petrus Igneus gained his
surname and reputation by an exploit of this kind, which was renowned
in its day. Pietro di Pavia, Bishop of Florence, unpopular with the
citizens, but protected by Godfrey, Duke of Tuscany, was accused of
simony and heresy. Being acquitted by the Council of Rome, in 1063,
and the offer of his accusers to prove his guilt by the ordeal of
fire being refused, he endeavored to put down his adversaries by
tyranny and oppression. Great disturbances resulted, and at length,
in 1067, the monks of Vallombrosa, who had borne a leading part in
denouncing the bishop, and who had suffered severely in consequence
(the episcopal troops having burned the monastery of St. Salvio and
slaughtered the cenobites), resolved to decide the question by the
ordeal, incited thereto by no less than three thousand enthusiastic
Florentines who assembled there for the purpose. Pietro Aldobrandini,
a monk of Vallombrosa, urged by his superior, the holy S. Giovanni
Gualberto, offered himself to undergo the trial. After imposing
religious ceremonies, he walked slowly between two piles of blazing
wood, ten feet long, five feet wide, and four and a half feet high,
the passage between them being six feet wide and covered with an inch
or two of glowing coals. The violence of the flames agitated his dress
and hair, but he emerged without hurt, even the hair on his legs being
unsinged, barelegged and barefooted though he was. Desiring to return
through the pyre, he was prevented by the admiring crowd, who rushed
around him in triumph, kissing his feet and garments, and endangering
his life in their transports, until he was rescued by his fellow monks.
A formal statement of the facts was sent to Rome by the Florentines,
the papal court gave way, and the bishop was deposed; while the monk
who had given so striking a proof of his steadfast faith was marked for
promotion, and eventually died Cardinal of Albano.[975]
Public-domain text, read in full here on John Shaqi.
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