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
The oath naturally formed an integral portion of the ordeal. Even
as in the battle trial both parties, on entering the lists, were
compelled to swear to the truth of their assertions, so in the other
ordeals the accuser and accused took an oath immediately prior to the
administration of the test.[1172] Sometimes, however, the oath of
the accused was regarded as a sufficient ordeal in itself. We have
seen above how, among many and diverse races, disculpatory oaths are
administered with ceremonies which render them practically ordeals
in view of the popular belief that misfortune will follow perjury.
The anthropomorphic mythology of Hellas presents this idea in its
most concrete form by the most solemn oath of the gods, taken on the
water of Styx brought in a vase for the purpose, perjury on which was
followed by a year of stupor and nine years of segregation from all
fellowship with the brother immortals.[1173] We have also seen (pp.
29 sqq.) that in Christendom the Church set little store by simple
oaths, but reckoned their obligation by the holiness of the material
objects on which they were taken; and when these were relics of
peculiar sanctity they were held to have the power of punishing the
perjurer, thus rendering the oath administered upon them an absolute
ordeal. This belief developed itself at an early period in the history
of the Church. St. Augustin relates that at Milan a thief, who swore
upon some holy relics with the intention of bearing false witness, was
forced irresistibly to confess himself guilty of the offence which he
designed to fasten upon another; and Augustin himself, when unable
to decide between two of his ecclesiastics who accused each other of
revolting crime, sent them both to the shrine of St. Felix of Nola, in
the full expectation that the judgment of God would bring to light the
truth as between them.[1174] Gregory the Great shows the same belief
when he alludes to a simple purgatorial oath taken by a bishop on the
relics of St. Peter in terms which expressly convey the idea that the
accused, if guilty, had exposed himself to no little danger, and that
his performance of the ceremony unharmed had sufficiently proved his
innocence. Gregory, moreover, in one of his Homilies, assumes that
perjury committed on the relics of the saints is punished by demoniacal
possession.[1175]
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