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
It was easy, from a belief such as this, to draw the deduction that
when an oath was sworn on relics of peculiar sanctity, immediate
punishment would follow perjury; and thus it followed that some
shrines obtained a reputation which caused them to be resorted to in
the settlement of disputed judicial questions. Even as early as St.
Augustin there are traces of such practices, which that Father of
the Church not only records, but imitated,[63] and at a later period
the legends are numerous which record how the perjured sinner was
stricken down senseless or rendered rigid and motionless in the act
of swearing falsely.[64] From this point of view oaths were really
ordeals, and as such we shall consider them hereafter. At present it
suffices to observe that the profit which the church derived from
thus administering oaths on relics affords an easy explanation of her
teachings, and of the extension of these practices. Their resultant
advantages are well illustrated by the example of the holy taper of
Cardigan, in Wales. A miraculous image of the Virgin was cast ashore,
bearing this taper burning in its hand. A church was built for it, and
the taper “contynued styll burnynge the space of nyne yeres, without
wastynge, until the tyme that one forsware himselfe thereon, so then
it extincted, and never burned after.” At the suppression of the house
under Henry VIII., the prior, Thomas Hore, testified: “Item, that
since the ceasynge of burnynge of the sayd taper, it was enclosed and
taken for a greate relyque, and so worshipped and kyssed of pylgremes,
and used of men to sweare by in difficill and harde matters, whereof
the advauntage admounted to greate sommes of money in tymes passed,
payenge yerely to the same XXti nobles for a pencion unto thabbott of
Chersey.”[65]
In all this Spain would seem to be exceptional. In the thirteenth
century the rule is expressed that a pleader must take the oath
required of him by his antagonist; if he is required to swear by God,
it will not suffice for him to swear by some saint, or by his own head.
Oaths could indeed be taken on crosses or altars, but they could also
be reduced to the simplest asseveration. Thus, there is a provision
that if one party says “Swear to me on your simple word,” then the
reply “know that it is so,” or “believe me that it is so,” suffices,
and has all the force of the most solemn adjuration.[66]
CHAPTER III.
CONJURATORS, OR PARTAKERS IN THE OATH.
Public-domain text, read in full here on John Shaqi.
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