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
This case illustrates the fact that in the vulgar ordeals as well as in
the duel champions were sometimes allowed. To how great an extent this
was permitted it would now be difficult to assert. It is not specially
alluded to in any body of laws, but numerous examples of it have been
incidentally given above, and in some of the _ordines_ it is assumed as
a matter of course. In one for the cold-water ordeal the substitutes
are described as children who are made to fast for forty days in
advance, and carefully watched and washed to prevent any illusions
of the devil.[1262] In the ordeal of the cross, however, it was a
recognized privilege of the old or infirm to put forward a substitute,
and when communities or churches were pleaders a champion was of course
a necessity. A still greater relaxation, occasionally permitted but
not approved by the Church, was the practice of writing the name of
the accused on paper or some other substance and submitting this to
the ordeal in place of the individual himself.[1263] Perhaps the most
illogical use of a champion in an ordeal is one suggested by Hincmar of
Reims in 860, that a satisfactory person should undergo it in order to
determine whether the secret motive alleged by another person for not
living with his wife were true or not.[1264]
CHAPTER XVI.
CONFIDENCE REPOSED IN THE ORDEAL.
The degree of confidence really inspired by the results of the ordeal
is a somewhat curious subject of speculation on which definite opinions
are not easily reached. Judicially, the trial was, for the most part,
conclusive; he who had duly sunk under water, walked unharmed among
the burning shares, or withdrawn an unblistered hand from a caldron of
legal temperature, stood forth among his fellows as innocent. So, even
now, the verdict of a few fools or knaves in a jury-box may discharge a
criminal, against the plainest dictates of common sense, but in neither
case would the sentiments of the community be probably changed by the
result. The reverential feelings which alone could impart faith in
the system seem scarcely compatible with the practice of compounding
for ordeals, which, as we have seen above (p. 384), was occasionally
permitted.
Public-domain text, read in full here on John Shaqi.
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