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
France seems to have been even more addicted to this superstition.
About 1580 President Bertrand d’Argentré, in his Commentaries on
the Customs of Brittany, treats it as an indisputable fact and one
affording good evidence.[1158] In Picardy we are told it was constantly
used by magistrates, it was approved by the courts in Bordeaux, and
Chassanée, whose authority in Burgundy was great, argues that its
occurrence justifies the torture of the accused without further
evidence.[1159] Spain likewise was not exempt from it. A celebrated
case is cited in the books as occurring in Aragon, where the accused
was brought before the corpse of the victim in the public square and
appealed to God to perform a miracle if he were guilty, whereupon the
body raised its right arm, pointed with its fingers to the several
wounds and then to the accused; this was regarded as sufficient proof,
and under sentence of the Council of Aragon the culprit was executed.
Another case which occurred at Ledesma, near Salamanca, shows the
existence of the belief in Castile.[1160]
English colonists brought the superstition across the Atlantic, where
it has never been fairly eradicated from the popular mind. In January,
1680, in Accomac County, Virginia, a new-born illegitimate child of
“Mary, daughter of Sarah, wife of Paul Carter” died and was buried. It
was nearly six weeks before suspicion was aroused, when the coroner
impanelled a jury of twelve matrons, whose verdict recorded that
Sarah Carter was brought to touch the corpse without result, but when
Paul Carter touched it “immediately whilst he was stroaking ye childe
ye black and settled places above ye body of ye childe grew fresh and
red so that blud was ready to come through ye skin of ye childe.” On
the strength of this verdict an indictment was found against Paul
Carter, but with what result the records do not show.[1161] Nearly a
century later, in 1767, the coroner’s jury of Bergen County, N. J., was
summoned to view the body of one Nicholas Tuers, whose death had led to
suspicion of murder. Johannes Demarest, the coroner, attests that he
had no belief in bier-right and paid no attention to the experiment,
when one of the jury touched the body without result. At length a slave
named Harry, who had been suspected without proof, was brought forward
for the trial when he heard an exclamation “He is the man,” and was
told that the body had bled when touched by Harry. He then ordered the
slave to place his hand on its face, when about a tablespoonful of
blood flowed from each nostril, and Harry confessed the murder.[1162]
So recently as 1833 a man named Getter was hanged in Pennsylvania for
the murder of his wife, and among the evidence which was allowed to go
to the jury on the trial was that of a female witness, who swore “If
my throat was to be cut I could tell, before God Almighty, that the
deceased smiled when he (the murderer) touched her. I swore this before
the justice, and also that she bled considerably.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account