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
No explanation is given of the details of the process by which this
appeal to fortune was made, and I know of no contemporary applications
by which its formula can be investigated; but in the primitive Frisian
laws there is described an ordeal of the lot, which may reasonably be
assumed to show us one of the methods in use. When a man was killed in
a chance-medley and the murderer remained unknown, the friends had a
right to accuse seven of the participants in the brawl. Each of these
defendants had then to take the oath of denial with twelve conjurators,
after which they were admitted to the ordeal. Two pieces of twig,
precisely similar, were taken, one of which was marked with a cross;
they were then wrapped up separately in white wool and laid on the
altar; prayers were recited, invoking God to reveal the innocence or
guilt of the party, and the priest, or a sinless youth, took up one of
the bundles. If it contained the marked fragment, the defendants were
absolved; if the unmarked one, the guilty man was among them. Each
one then took a similar piece of stick and made a private mark upon
it; these were rolled up as before, placed on the altar, taken up one
by one, and unwrapped, each man claiming his own. The one whose piece
was left to the last was pronounced guilty, and was obliged to pay
the wer-gild of the murder.[1123] Among the ancient Irish the lot or
_crannchur_ was employed by mingling white and black stones, when if
the accused drew a black one he was adjudged guilty.[1124]
The various modes of ecclesiastical divination, so frequently used in
the Middle Ages to obtain an insight into the future, sometimes assumed
the shape of an appeal to Heaven to decide questions of the present or
of the past.[1125] Thus, when three bishops, of Poitiers, Arras, and
Autun, each claimed the holy relics of St. Liguaire, and human means
were unavailing to reconcile their pretensions, the decision of the
Supreme Power was resorted to, by placing under the altar-cloth three
slips with their respective names inscribed, and after a becoming
amount of prayer, on withdrawing one of them, the see of Poitiers was
enriched with the precious remains by Divine favor.[1126]
That such appeals to chance were regarded by the Church with disfavor
is shown by Gratian, who argues that the Hebrew examples were not
precedents to be observed under the New Law.[1127] Yet the second
council of Barcelona in 599 had decreed that when an episcopal vacancy
was to be filled two or three candidates should be chosen by the clergy
and people, and from among these the metropolitan and his suffragans
should select one by lot, after due fasting and prayer.[1128]
Public-domain text, read in full here on John Shaqi.
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