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
Although bier-right, in comparison with other ordeals, plays so
inconspicuous a part in the history of jurisprudence, it is especially
interesting in one respect. As a judicial expedient, it did not spring
into notice until after the other vulgar ordeals had been discredited
and banished from the courts. It escaped the censure of the Church and
was a survival of the Judgment of God, reaching its fullest development
in the seventeenth century. It thus became the subject of investigation
and debate in an age of critical tendencies and comparative
intelligence. Among those who had faith in it there was much fruitless
speculation to account for the result, and there was by no means a
consensus of opinion as to the causes at work. In 1487 the inquisitor
Sprenger takes a materialistic view and uses it as the basis of an
argument on the wonderful properties of inanimate matter. He explains
that air is introduced into the wound when it is inflicted, and that it
rushes out when agitated by the presence of the slayer, bringing blood
with it, but he adds that others believe it to be the cry of blood
from the earth against the murderer, as related of the first homicide,
Cain.[1166] About a century later Del Rio tells us that some looked
upon it as a miracle, others as an accident, while he himself can see
no better reason than the violent antipathy conceived by the slain for
the slayer.[1167] Carena holds it to be the mysterious Judgment of God,
unless it happens to be the work of the demon, and in this uncertainty
concludes that if there are no other proofs it only justifies further
investigation and not torture.[1168] Oelsner informs us that learned
men disputed whether it was occasioned by antipathy or sympathy, by the
remains of the soul in the body, by wandering spirits of the dead, or
by the spirit of enmity, and he concludes that the causes are sometimes
natural and sometimes supernatural.[1169] It is significant that, among
so many theories framed by believers in the fact, there were so few who
assented to the direct interposition of God.
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