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
Godelmann, desirous to know whether the proof
could be relied on, asked whether the water ordeal had been tried,
and on being answered in the negative, urged the experiment. His
request was granted, and the witch sank like a stone. Subsequently the
noble wrote to him that he had tried it with six other indubitable
witches, and that it had failed with all, showing that it was a false
indication, which might deceive incautious judges.[1038] Oldenkop, on
the other hand, relates that he was present when some suspected women
were tried in this manner, who all floated, after which one of the
spectators, wholly innocent of the crime, to satisfy the curiosity of
some nobles who were present, allowed himself for hire to be tied and
thrown in, when he likewise floated and could not be made to sink by
all the efforts of the officiating executioner.[1039] In 1594, a more
authoritative combatant entered the arena—Jacob Rickius, a learned
jurisconsult of Cologne, who, as judge in the court of Bonn, had ample
opportunity of considering the question and of putting his convictions
into practice. He describes vividly the perplexities of the judges
hesitating between the enormity of the crime and the worthlessness of
the evidence, and his elaborate discussions of all the arguments in
favor of the ordeal may be condensed into this: that the offence is
so difficult of proof that there is no other certain evidence than
the ordeal; that without it we should be destitute of absolute proof,
which would be an admission of the superiority of the Devil over
God, and that anything would be preferable to such a conclusion. He
states that he never administered it when the evidence without it was
sufficient for conviction, nor when there was not enough other proof to
justify the use of torture; and that in all cases it was employed as a
prelude to torture—“præparandum et muniendum torturæ viam”—the latter
being frequently powerless in consequence of diabolical influences.
The deplorable examples which he details with much complacency as
irrefragable proofs of his positions show how frequent and how
murderous were the cases of its employment, but would occupy too much
space for recapitulation here; while the learning displayed in his
constant citations from the Scriptures, the Fathers, the Roman and the
Canon Law, is in curious contrast with the fatuous cruelty of his acts
and doctrines.
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