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
Claus, who had inflicted the blow, came, and for him the blood gushed
forth from the wound.[1150]
The extent to which popular credulity was prepared to accept this
miraculous manifestation is shown in a story which obtained wide
currency. An Austrian noble journeying to Vienna passed through a wood
in which his dogs scratched up some bones. Their whiteness struck his
fancy; he carried them to the city and sent them to a cutler to be
worked up into some ornament, when as soon as they were brought into
the presence of the artificer they became covered with blood. The noble
reported the fact to the magistrates, the cutler was arrested and
confessed that twenty years before he had slain a comrade and buried
the body where the bones were found.[1151] We may trace a more poetic
form of this sympathy in the legend which relates the welcome given by
the bones of Abelard to Heloise when, twenty years after his death, her
body was consigned to his tomb.
In Denmark, though this form of trial finds no place in the codes of
law, we are told that it was generally used during the seventeenth
century in all appropriate cases.[1152] In Holstein there was a
custom known as _Scheingehen_, in which, when a murderer remained
undiscovered, a hand was severed from the corpse with provident care
and preserved as a touchstone for the future. A celebrated case is
related in the books in which a dead body was found and buried, and the
hand was hung up in the prison of Itzehoe. Ten years later a thief was
arrested and brought there, when the hand immediately began to bleed
freely, and the thief confessed the murder.[1153]
Italy shared fully in the belief. The most distinguished exponent
of the New Learning in the fifteenth century, Marsiglio Ficino, the
Platonist, does not hesitate to adduce it as a fact well known to
judges, in his argument to prove the immortality of the soul against
the Averrhoism fashionable in his day.[1154] Equally distinguished
as a jurist was Hippolito de’ Marsigli (died in 1528), who relates
that in his youth he was governor of Alberga, near Genoa, when a
murder occurred without affording evidence as to the perpetrator. By
the advice of an old citizen he had the body brought before him and
summoned all liable to suspicion to pass near it one by one. When the
homicide approached, to the surprise of Marsigli, the wounds burst out
afresh, but his incredulity was such that he did not consider this to
warrant even an arrest until he had collected sufficient collateral
evidence, when the culprit confessed without torture.[1155] In Venice
this ordeal was sometimes used and likewise in Piedmont, though in the
latter region some magistrates regarded it as fallacious, for their
experience showed that blood had not flowed in the presence of those
subsequently proved to be guilty.[1156] In Corsica the belief, if not
still existent, has been widely diffused until within a few years.[1157]
Public-domain text, read in full here on John Shaqi.
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