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
Closely akin to the Bible and key is the sieve-driving or sieve-turning
by which criminals were detected by the tilting or falling of a sieve
when, in repeating the names of those suspected, that of the culprit
was mentioned. The sieve required to be an heirloom in the family;
it was balanced on the point of a pair of scissors, or was laid
upon a pair of tongs, or the point of a pair of scissors was driven
into the rim and it was suspended by the ring to the middle finger
of the right hand. This was of ancient origin and was extensively
practised in France and Germany even in the sixteenth and seventeenth
centuries.[1134] The existence of the same belief in England is
shown in 1554, when William Haselwood, on being cited before the
ecclesiastical court of the diocese of London, said that having lost
his purse “remembering that he being a chylde dyd hear his mother
declare that when any man had lost anything, then they wolde use a syve
and a payre of sheers to bring to knowledge who hadd the thing lost;
and so he did take a seve and a payre of sheeres and hanged the seve
by the pointe of the sheeres and sayd these words: By Peter and Paule
he hath yt, namying the party whom he in that behalf suspected.”[1135]
Evidently at this time the Church regarded the process as sorcery.
CHAPTER XI.
BIER-RIGHT.
The belief that at the approach of the murderer the corpse of the
slain would bleed or give some other sign has, under the names of _jus
feretri_, _jus cruentationis_, _bahr-recht_, and “bier-right,” been a
resource eagerly seized by puzzled jurists. Its source is not easily
traced. There is no evidence of its existence among the Eastern Aryans,
nor is it alluded to in any of the primitive “Leges Barbarorum,” though
Russian legends render probable that it was current among the Slavs
at an early day.[1136] Enthusiastic explorers into antiquity quote
Aristotle for it,[1137] while others find in Lucretius evidence that
it was shared by cultured Romans.[1138] Possibly its origin may be
derived from a Jewish custom under which pardon was asked of a corpse
for any offences committed against the living man, the offender laying
hold of the great toe of the body as prepared for sepulture, and it is
said to be not uncommon, where the injury has been grievous, for the
latter to respond to the touch by a copious nasal hemorrhage.[1139]
The earliest allusion I have met with to this belief occurs in 1189,
and shows that already it was rooted in popular credulity. It is the
well-known story that when Richard Cœur de Lion hastened to the funeral
of his father, Henry II., and met the procession at Fontevraud, the
blood poured from the nostrils of the dead king, whose end he had
hastened by his rebellion and disobedience.[1140] Although it never
seems to have formed part of English jurisprudence, its vitality in
the popular mind is shown in Shakespeare’s Richard III., where Gloster
interrupts the obsequies of Henry VI. and Lady Anne exclaims:—
Public-domain text, read in full here on John Shaqi.
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