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
St. Ivo of Chartres, though he had no scruple in recommending and
enjoining the ordeal for laymen, and, on one occasion at least,
pronounced its decisions as beyond appeal, yet has placed on record his
conviction of its insufficiency, and his experience that the mysterious
judgment of God not infrequently allowed in this manner the guilty to
escape and the innocent to be punished.[1270] A case related by Peter
Cantor in the twelfth century shows how recklessly it often was abused
as a relief to careless judges in doubtful cases. Two Englishmen were
returning in company from a pilgrimage to the Holy Land, when one of
them wandered off to the shrine of St. Jago de Compostella, and the
other went directly home. The kindred of the absent one accused the
latter of murdering his companion; as no evidence was procurable on
either side, he was hurried to the ordeal, convicted, and executed,
shortly after which the missing man came back in safety.[1271]
The manifest injustice of the decisions thus rendered by the ordeal put
a severe strain on the faith of believers, and led them to the most
ingenious sophistry for an explanation. When, in 1127, the sacrilegious
murder of Charles the Good, Count of Flanders, sent a thrill of
horror throughout Europe, Lambert of Redenberg, whose participation
in the crime was notorious, succeeded in clearing himself by the hot
iron. Shortly afterwards he undertook the siege of Ostbourg, which
he prosecuted with great cruelty, when he was killed in a sally of
the besieged. The pious Galbert assumes that Lambert, notwithstanding
his guilt, escaped at the ordeal in consequence of his humility and
repentance, and philosophically adds: “Thus it is that in battle the
unjust man is killed, although in the ordeal of water or of fire he may
escape, if truly repentant.”[1272] The same doctrine was enunciated
under John Cantacuzenes, in the middle of the fourteenth century, by
a bishop of Didymoteichos in Thrace. A frail fair one being violently
suspected by her husband, the ordeal of hot iron was demanded by him.
In this strait she applied to the good bishop, and he, being convinced
of her repentance and intention to sin no more, assured her that in
such a frame of mind she might safely venture on the trial, and she
accordingly carried the glowing bar triumphantly twice around the
bishop’s chair, to the entire satisfaction of her lord and master.[1273]
Public-domain text, read in full here on John Shaqi.
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