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
This form of ordeal never obtained the extended influence which
characterized some of the other modes, and it seems to have been
chiefly confined to the populations allied to the Saxon race. In
England, before the Conquest, it was enjoined on the lower orders of
the clergy who were unable to procure conjurators,[1086] and it may be
considered as a plebeian mode of trial, rarely rising into historical
importance. Its vitality, however, is demonstrated by the fact that
Lindenbruck, writing in 1613, states that it was then still in frequent
use.[1087]
Aimoin relates a story which, though in no sense judicial, presents us
with a development of the same superstition. A certain renowned knight
named Arnustus unjustly occupied lands belonging to the Benedictine
Abbey of Fleury. Dining at the usurped property one day, and boasting
of his contempt for the complaints of the holy monks, he took a pear
and exclaimed—“I call this pear to witness that before the year is
out I will give them ample cause for grumbling.” Choking with the
first morsel, he was carried speechless to bed, and miserably perished
unhouselled, a warning to evildoers not to tempt too far the patience
of St. Benedict.[1088] Stories such as this are by no means uncommon,
and are not without interest as a portion of the armory by which the
clergy defended themselves against their unquiet neighbors. Of kindred
nature is an occurrence related about the year 1090, when Duke Henry of
Limburg was involved in a quarrel with Engilbert, Archbishop of Trèves,
and treated with contempt the excommunication and anathema inflicted
upon him. Joking upon the subject with his followers one day at dinner,
he tossed a fragment of food to his dog, remarking that if the animal
ate it, they need not feel apprehensive of the episcopal curse. The
dog refused the tempting morsel, though he manifested his hunger by
eagerly devouring food given him by another hand, and the duke, by the
advice of his counsellors, lost no time in reconciling himself with his
ghostly adversary. This is the more remarkable, as Engilbert himself
was under excommunication by Gregory VII., being a stanch imperialist,
who had received his see from Henry IV., and his pallium from the
antipope Guiberto.[1089]
In India, this ordeal is performed with a kind of rice called _sathee_,
prepared with various incantations. The person on trial eats it, with
his face to the East, and then spits upon a peepul leaf. “If the saliva
is mixed with blood, or the corners of his mouth swell, or he trembles,
he is declared to be a liar.”[1090] A slightly different form is
described for cases in which several persons are suspected of theft.
The consecrated rice is administered to them all, is chewed lightly,
and then spit out upon a peepul leaf. If any one ejects it either dry
or tinged with blood, he is adjudged guilty.[1091]
Public-domain text, read in full here on John Shaqi.
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