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
a further regulation, according to which, under the Gwentian code, in
an accusation of theft, with positive evidence, the thief was directed
to clear himself with twenty-four raith=men of his own _cantrev_ or
district, in equal number from each _cymwd_ or sub-district.[89]
Under a different social organization, it is evidently impossible
that a kindred sufficiently large could have been assembled in the
most numerous families, and even when the requirements were more
reasonable, the same difficulty must frequently have occurred. This
is recognized in the Danish laws of the thirteenth and fourteenth
centuries, where the conjuratorial oaths of kindred, known as _neffn
i kyn_, were requisite, unless the accused could swear that he had no
relations, in which case he was allowed to produce twelve other men of
proper character, _lag feste men_.[90] In a constitution of Frederic
II. in 1235, the compurgators are required to be of the same class
as their principal, and to be _sinodales homines_, men of undoubted
character.[91] Thus the aid of those not connected by ties of blood
must often have been necessary, and as it was a service not without
danger, as we shall see hereafter, it is not easy to understand how
the requisite number was reached. In certain cases, no doubt, the
possibility of obtaining those not bound by kindred to undertake the
office is traceable to the liability which in some instances rested
upon a township for crime committed within its borders;[92] while
the system of guilds in which the members shared with each other a
responsibility resembling that of kinship rendered participation in the
oath of denial almost a necessity when a comrade was prosecuted.[93]
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