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
flay the hand of the accused.[1182] In the Middle Ages these dangerous
relics were common, and however we may smile at the simplicity of the
faith reposed in them, we may rest assured that on many occasions they
were the means of eliciting confessions which could have been obtained
by no devices of legal subtlety according to modern procedures.
Nor did it always require death to confer the sanctity requisite to
perform these miracles, as was attested during the life of St. Bertrand
of Comminges. A woman accused of adultery went to the saint and laying
her hand on him swore to her innocence, when the hand immediately
withered and remained a permanent witness of her guilt and her
perjury.[1183]
Even without any special sanctity in the administration of the oath,
Heaven sometimes interposed to protect the rights of the Church. About
the year 1200 Cæsarius of Königswinter, a knight, who had borrowed
twenty marcs of his brother, Hirminold Dean of the Chapter of Bonn,
denied the loan after his brother’s death. As the money belonged to
the Church, the chapter summoned the knight, and having no proof, were
obliged to content themselves with his oath. Having accomplished his
perjury, Cæsarius mounted his horse and returned homewards, but when he
had accomplished the half of his journey his horse was suddenly fixed
immovable to the earth, and he found himself deprived of the use of the
tongue which he had thus abused. Recognizing the source of the trouble,
he prayed to Abraham, promising to retrace his steps and confess his
sin. He was immediately released, returned to Bonn, made restitution,
and accepted penance. He subsequently entered the monastery of
Heisterbach as a novice, and related the story of himself.[1184]
CHAPTER XIII.
POISON ORDEALS.
The poison ordeal, which forms the basis of judicial proceedings
among so many of the African tribes, seems not to have been brought
into Europe by the Aryan invaders, although it was in use among their
kindred who remained in the East. Possibly this may have arisen from
the fact that in their migrations they could no longer obtain the
substances which they had been accustomed to use, and before they had
familiarized themselves with the resources of their new homes the
custom may have fallen into desuetude amid the abundance of other
methods. A lingering remnant of it may perhaps be detected in the
trial of the priestess of the Gæum in Achaia, already alluded to, but
substantially the poison ordeal may be regarded as obsolete in the West.
In the East, however, it has continued in use. The poison prescribed
is that known as _sringa_, produced by a tree which grows in the
Himalayas, and the judge invokes it—
“On account of thy venomous and dangerous nature thou art destruction
to all living creatures; thou, O poison, knowest what mortals do not
comprehend.
“This man being arraigned in a cause desires to be cleared from guilt.
Therefore mayest thou deliver him lawfully from this perplexity.”
Public-domain text, read in full here on John Shaqi.
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