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
Charlemagne, at the commencement of his reign, does not seem to have
entertained much respect for the judgment of God when he prescribed
the administration of the ordeal for trifling affairs only, cases
of magnitude being reserved for the regular investigation of the
law.[1265] Thirty years later, the public mind appears afflicted with
the same doubts, for we find the monarch endeavoring to enforce
confidence in the system by his commands.[1266] The repeated use of
the ordeal in the affair of the divorce of Teutberga shows that it was
expected to have no little effect on public opinion, and the same is
seen when in 876 Charlemagne’s grandson, Louis of Saxony, forced to
defend his dominions against his uncle Charles le Chauve, commenced
by proving the justness of his title by the judgment of God. After
fasting and prayer ten of his followers were exposed to the ordeal
of red-hot iron and ten each to those of cold and boiling water; all
escaped without injury, and the righteousness of the verdict was shown
soon after by the victory of Andernach, which sent the invader flying
back to France.[1267] Yet a rule of English law, nearly four hundred
years later, during the expiring struggles of the practice, would show
that the result was regarded as by no means conclusive. By the assizes
of Clarendon in 1166, which directed that all malefactors defamed for
murder, robbery, and other felonies should be at once tried by the
water ordeal, it was provided that those who had confessed or who had
been found in possession of stolen property should not be allowed the
privilege of clearing themselves in this manner; and a still more
irreverential rule decreed that those who were pronounced innocent by
the judgment of God, if regarded as guilty by common report, should
have eight days to quit the kingdom, under pain of outlawry.[1268] In
the revision of these laws, made at Northampton ten years later, it was
provided that in all cases those who passed safely through the ordeal
should give bail for their future good conduct, except in charges of
murder or aggravated felony, when they were banished within forty
days, under penalty of outlawry as before.[1269]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account