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
of course;[1022] while in 1068, at the Council of Vich, in Catalonia,
held for the purpose of enforcing the Truce of God, all persons
accused of being directly concerned in its violation are directed to
be tried by the cold-water ordeal in the Church of San Pedro, without
distinction of rank.[1023] Nearly two centuries later, indeed, when
all the vulgar ordeals were falling into disuse, the water ordeal
was established among the nobles of Southern Germany, as the mode of
deciding doubtful claims on fiefs, and in Northern Germany, for the
settlement of conflicting titles to land.[1024]
In 1083, during the deadly struggle between the Empire and the Papacy,
as personified in Henry IV. and Hildebrand, the imperialists related
with great delight that some of the leading prelates of the papal court
submitted the cause of their chief to this ordeal. After a three days’
fast, and proper benediction of the water, they placed in it a boy to
represent the emperor, when to their horror he sank like a stone. On
referring the result to Hildebrand, he ordered a repetition of the
experiment, which was attended with the same result. Then, throwing him
in as a representative of the pope, he obstinately floated during two
trials, in spite of all efforts to force him under the surface, and an
oath was exacted from all concerned to maintain inviolable secrecy as
to the unexpected result.[1025]
Perhaps the most extensive instance of the application of this form of
ordeal was that proposed when the sacred vessels were stolen from the
cathedral church of Laon, as related by a contemporary. At a council
convened on the subject, Master Anselm, the most learned doctor of the
diocese, suggested that, in imitation of the plan adopted by Joshua
at Jericho, a young child should be taken from each parish of the
town and be tried by immersion in consecrated water. From each house
of the parish which should be found guilty, another child should be
chosen to undergo the same process. When the house of the criminal
should thus be discovered, all its inmates should be submitted to the
ordeal, and the author of the sacrilege would thus be revealed. This
plan would have been adopted had not the frightened inhabitants rushed
to the bishop and insisted that the experiment should commence with
those whose access to the church gave them the best opportunity to
perpetrate the theft. Six of these latter were accordingly selected,
among whom was Anselm himself. While in prison awaiting his trial,
he caused himself to be bound hand and foot and placed in a tub full
of water, in which he sank satisfactorily to the bottom, and assured
himself that he should escape. On the day of trial, in the presence of
an immense crowd, in the cathedral which was chosen as the place of
judgment, the first prisoner sank, the second floated, the third sank,
the fourth floated, the fifth sank, and Anselm, who was the sixth,
notwithstanding his previous experiment, obstinately floated, and was
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