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
In France, the central power had to be invoked to put an end to the
atrocity of such proceedings. In 1588, an appeal was taken to the
supreme tribunal from a sentence pronounced by a Champenois court,
ordering a prisoner to undergo the experiment, and the Parlement, in
December, 1601, registered a formal decree against the practice; an
order which it found necessary to repeat, August 10, 1641.[1040] That
this latter was not uncalled for, we may assume from the testimony of
Jerôme Bignon, who, writing nearly at the same time, says that, to
his own knowledge, within a few years, judges were in the habit of
elucidating doubtful cases in this manner.[1041] In England, James I.
gratified at once his conceit and his superstition by eulogizing the
ordeal as an infallible proof in such cases. His argument was the old
one, which pronounced that the pure element would not receive those who
had renounced the privileges of the water of baptism,[1042] and his
authority no doubt gave encouragement to innumerable judicial murders.
In Scotland, indeed, the indecency of stripping women naked for the
immersion was avoided by wrapping them up in a sheet before binding
the thumbs and toes together, but a portion of the Bay of St. Andrews
is still called the “Witch Pool,” from its use in the trial of these
unfortunates.[1043]
How slowly the belief was eradicated from the minds of even the
educated and enlightened may be seen in a learned inaugural thesis
presented by J. P. Lang, in 1661, for the Licentiate of Laws in the
University of Bâle, in which, discussing incidentally the question
of the cold-water ordeal for witches, he concludes that perhaps
it is better to abstain from it, though he cannot question its
efficaciousness as a means of investigation.[1044] In 1662, N. Brant,
in a similar thesis, offered at Giessen, speaks of it as used in some
places, chiefly in Westphalia, and argues against it on the ground
of its uncertainty.[1045] P. Burgmeister, in a thesis presented at
Ulm in 1680, speaks of the practice as still continued in Westphalia,
and that it was defended by many learned men, from whose opinions he
dissents; among them was Hermann Conring, one of the most distinguished
scholars of the time, who argued that if prayers and oaths could obtain
the divine interposition, it could reasonably be expected in judicial
cases of importance.[1046] Towards the close of the century it was
frequently practised in Burgundy, not as a judicial process, but when
persons popularly reputed as sorcerers desired to free themselves from
the damaging imputation. In these cases they are frequently reported
as floating in spite of repeated efforts to submerge them, and though
this evidence of guilt did not lead to a formal trial they would have
to abandon the neighborhood. A notarial act of June 5, 1696, records
such a trial at Montigny-le-Roi, when six persons offered themselves
to the ordeal in the River Senin; two sank and four floated for
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