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
previous it had been generally employed throughout Westphalia,[1034]
and in 1579 Bodin alludes to it as a German fashion which, though he
believes in its efficacy, he yet condemns as savoring of magic.[1035]
The crime was one so difficult to prove judicially, and the ordeal
offered so ready and so satisfactory a solution to the doubts of timid
and conscientious judges, that its resuscitation is not to be wondered
at. The professed demonographers, Bodin, Binsfeld, Godelmann, and
others, opposed its revival for various reasons, but still it did not
lack defenders. In 1583, Scribonius, on a visit to Lemgow, saw three
unfortunates burnt as witches, and three other women, the same day,
exposed to the ordeal on the accusation of those executed. He describes
them as stripped naked, hands and feet bound together, right to left,
and then cast upon the river, where they floated like logs of wood.
Profoundly impressed with the miracle, in a letter to the magistrates
of Lemgow he expresses his warm approbation of the proceeding,
and endeavors to explain its rationale, and to defend it against
unbelievers. Sorcerers, from their intercourse with Satan, partake of
his nature; he resides within them, and their human attributes become
altered to his; he is an imponderable spirit of air, and therefore they
likewise become lighter than water. Two years later, Hermann Neuwald
published a tract in answer to this, gravely confuting the arguments
advanced by Scribonius, who, in 1588, returned to the attack with a
larger and more elaborate treatise in favor of the ordeal. Shortly
after this, Bishop Binsfeld, in his exhaustive work on witchcraft,
states that the process was one in common use throughout Westphalia,
and occasionally employed in the Rhinelands. He condemns it, however,
on the score of superstition, and the prohibition of all ordeals by
the popes, and concludes that any judge making use of it, or any one
believing in it, is guilty of mortal sin. Rejecting the explanation
of Scribonius, he argues that the floating of the witch is caused
by the direct interposition of the Devil himself, who is willing to
sacrifice a follower occasionally in order to damn the souls of those
who participate in a practice condemned by the Church.[1036] Wier,
who denied witchcraft, while believing in the active interposition
of the Devil, argues likewise that those who float are borne up by
demons, but he attributes it to their desire to confirm the popular
illusions concerning witchcraft.[1037] Another demonographer of the
period, Godelmann, does not hesitate to say that any judge resorting
to this mode of proof rendered himself liable to a retaliatory action;
and he substantiates his opinion as to the worthlessness of the trial
by a case within his own experience. In 1588 he was travelling from
Prussia to Livonia, when at the castle of a great potentate his host
happened to mention that he had condemned a most wicked witch to be
burnt the next day.
Public-domain text, read in full here on John Shaqi.
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