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
Frequently, however, the occurrence is spontaneous, and
serves to excite or direct suspicion where none existed before.
The belief extended throughout all the nationalities of Europe.
Although there is no reference to it in the German municipal codes
of the thirteenth century, there is ample store of cases both of
its spontaneous occurrence and of its judicial employment. In 1261,
at Forchheim, a manifestation of this kind brought home to the Jews
the lingering death of a young girl slain by them according to their
hellish custom, and the guilty were promptly broken on the wheel.[1146]
More serious was an affair at Ueberlingen in 1331. The body of a
child was found in a pond and from the character of the wounds it was
recognized that Jewish fanaticism had caused the murder. The corpse was
therefore carried in front of the houses of the principal Jews and when
it began to bleed the evidence was deemed sufficient. The burgomaster
endeavored to calm the populace, but his efforts were ascribed to
Hebrew gold, and condign punishment was resolved upon. All the Jews of
the town were skilfully decoyed into a large stone house and when they
had been securely locked in the upper stories it was set on fire. Those
that succeeded in throwing themselves from the roof were dispatched by
the mob, and the rest, to the number of three hundred, were consumed
by the avenging flames. Though sundry miracles ratified the justice of
the act, yet the godless Emperor, Louis of Bavaria, punished the pious
townsfolk by dismantling their walls and levying a heavy fine upon
them.[1147] The judicial employment of the ordeal is seen in a case
in 1324, when Reinward, a canon of Minden, was murdered by a drunken
soldier and the crime was proved by a trial of this kind.[1148] More
satisfactory, as showing how through the influence of imagination the
ordeal sometimes resulted in substantial justice, was a case in Lucerne
in 1503, when Hans Speiss of Etiswiler murdered his wife. She was duly
buried, but suspicion arose, and after three weeks the body was exhumed
and he was brought before it. As he approached, it flushed with color
and immediately began to bleed. He had hitherto defiantly asserted
his innocence, but at this sight he fell on his knees, confessed the
crime, and begged for mercy. He was broken on the wheel and died most
penitently.[1149] Numerous cases are on record of its use throughout
Germany in the seventeenth century, of which it will suffice to refer
to one in which the corpse manifested a discrimination greatly
impressing the authorities. It had been dead for thirty-six hours and
refused to bleed on the approach of two persons suspected. Then three
others were brought, one of whom, George, had planned the murder and
been present, but had not taken personal part in it: for him the corpse
bled at the mouth. Then came Lorenz, who had held the victim when the
blow was struck: for him the mouth frothed and the wound bled. Finally
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