Superstition and Force: Essays on the Wager of Law, the Wager of Battle, the Ordeal, Torture — John Shaqi
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
The earliest text of the Salic law presents us with the usages of the
Franks unaltered by any allusions to Christianity, and it may therefore
be presumed to date from a period not later than the conversion of
Clovis. In this primitive code there are directions for the employment
of conjurators, which show that the procedure was a settled and
established form at that period.[70] So in the Frisian law, which,
although compiled in the eighth century, still reveals pagan customs
and the primitive condition of society, the practice of compurgation
evidently forms the basis of judicial proceedings. The Islands
Landnamabok also exhibits it as a form of regular procedure among the
heathen Norsemen. Although the other codes have only reached us in
revisions subsequent to the conversion of the several tribes, still,
the universal use of the practice shows that its origin must be traced
to a period anterior to the separation of the several races from the
original common stock.
The church, with the tact which distinguished her dealings with her
new converts, was not long in adopting a system which was admirably
suited for her defence in an age of brute force. As holy orders
sundered all other ties, and as the church was regarded as one vast
family, ecclesiastics speedily arrogated to themselves and obtained
the privilege of having men of their own class as compurgators, and,
thus fortified for mutual support, they were aided in resisting the
oppressors who invaded their rights on every hand. This claim, with
all its attendant advantages, was fully conceded when Charlemagne, in
the year 800, went to Rome for the purpose of trying Pope Leo III.
on a grave charge, and in that august presence the Pontiff, whom no
witnesses dared to accuse, cleared himself of the crimes imputed to him
by solemnly taking the oath of denial in company with twelve priests
as compurgators.[71] Three years afterwards, the Emperor decreed
that, in all doubtful cases, priests should defend themselves with
three, five, or seven ecclesiastical compurgators, and he announced
that this decision had been reached by the common consent of pope,
patriarchs, bishops, and all the faithful.[72] It is true that a few
months later, on being shown a decretal of Gregory II.[73] ordering the
clergy to rebut with their single oaths all accusations unsupported by
witnesses, he modified his previous command, and left the matter to
the discretion of his prelates; but this had no practical result, for
Charlemagne’s capitulary was adopted in the canon law and ascribed to
Leo himself.[74] The custom soon received the papal sanction again in
the most solemn manner. In 823, Pope Pascal I. was more than suspected
of complicity in the murder of Theodore and Leo, two high dignitaries
of the papal court. Desirous to avoid an investigation by the
commissioners sent by Louis le Débonnaire, he hastily purged himself
of the crime in anticipation of their arrival, by an oath taken with a
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