Superstition and Force: Essays on the Wager of Law, the Wager of Battle, the Ordeal, Torture — John Shaqi
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
fairly illustrated by a case recounted by Aimoin as occurring under
Chilperic I. in the latter half of the sixth century. A wife suspected
by her husband offered the oath of purgation on the altar of St. Denis
with her relatives, who were persuaded of her innocence; the husband
not yet satisfied, accused the compurgators of perjury, and the fierce
passions of both parties becoming excited, weapons were speedily drawn,
and the sanctity of the venerable church was profaned with blood.[82]
It was manifestly impossible, however, to enforce the rule of kinship
in all cases, for the number of compurgators varied in the different
codes, and in all of them a great number were required when the matter
at stake was large, or the crime or criminal important. Thus when
Chilperic I. was assassinated in 584, doubts were entertained as to
the legitimacy of his son Clotair, an infant of four months—doubts
which neither the character of Queen Fredegonda nor the manner of
Chilperic’s death had any tendency to lessen—and Gontran, brother of
the murdered king, did not hesitate to express his belief that the
royal child’s paternity was traceable to some one of the minions of
the court, a belief doubtless stimulated by the promise it afforded
him of another crown. Fredegonda, however, repaired her somewhat
questionable reputation and secured the throne to her offspring, by
appearing at the altar with three bishops and three hundred nobles,
who all swore with her as to the legitimacy of the little prince,
and no further doubts were ventured on the delicate subject.[83] A
similar case occurred in Germany in 899, when Queen Uta cleared herself
of an accusation of infidelity, by taking a purgatorial oath with
eighty-two nobles.[84] So in 824, a dispute between Hubert, Bishop
of Worcester, and the Abbey of Berkeley, concerning the monastery of
Westbury, was settled by the oath of the bishop, supported by those
of fifty mass-priests, ten deacons, and a hundred and fifty other
ecclesiastics.[85] These were, perhaps, exceptional instances, but
in Wales the law required, as a regular matter, enormous numbers of
compurgators in many cases. Privity to homicide, for instance, was
divided into three triads, or nine classes of various degrees of
guilt. Of these, the first triad called for one hundred raith-men to
establish the denial; the second triad, 200, and the third, 300;[86]
while, to rebut an accusation of killing with savage violence or
poisoning, the enormous number of six hundred compurgators was
considered necessary.[87] Even these armies of oath-takers did not
widen the circle from which selection was allowed, for the law
absolutely specifies that “the oaths of three hundred men of a kindred
are required to deny murder, blood, and wound,”[88] and the possibility
of finding them is only explicable by the system of tribes or clans in
which all were legally related one to another. This is illustrated by
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