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 doctrine of Ciruelo’s that the innocent were sometimes liable to
conviction on account of previous misdeeds was likewise a belief of old
standing. We have already seen (p. 137) that there was papal authority
for it in the wager of battle. A striking instance of the vague notions
current is afforded in the middle of the eleventh century by a case
related by Othlonus, in which a man accused of horse-stealing was tried
by the cold-water ordeal and found guilty. Knowing his own innocence,
he appealed to the surrounding monks, and was told that it must be in
consequence of some other sin not properly redeemed by penance. As he
had confessed and received absolution before the trial, he denied this,
till one of them pointed out that in place of allowing his beard to
grow, as was meet for a layman, he had impiously carried the smooth
chin reserved for ecclesiastics. Confessing his guilt, promising due
penance, and vowing never to touch his beard with a razor again, he
was conducted a second time to the water, and being now free from all
unrepented sin, he was triumphantly acquitted. It is added that, taking
advantage of a quibble as to the kind of instrument employed, he lapsed
again into the sin of shaving, when the anger of Heaven manifested
itself by allowing him to fall into the hands of an enemy, who put out
his eyes.[1276]
Yet, on the other hand, the ordeal sometimes was regarded as the most
satisfactory kind of proof, entitled to respect beyond any other
species of evidence. The age was not logical, men acted more from
impulse than from reason, and the forms of jurisprudence were still
in a state too chaotic for regular and invariable rules to be laid
down. The confusion existing in the popular mind is well illustrated
by a case occurring in the twelfth century. A serf of the Abbey of
Marmoutiers married a serf who had been given by the Viscount of
Blois to one of his retainers named Erbald. The husband purchased
his wife’s liberty, and by paying an additional sum had the deed of
manumission confirmed by the viscount and viscountess. Years passed
away, the serf and wife died, and then also their son, when their
property fell to the abbey, which enjoyed it until the heirs of
Erbald and the viscount claimed it. The monks produced the deeds of
manumission, and the viscountess, then the only surviving witness to
the transaction, testified to its authenticity, but to no purpose. The
claimants demanded the wager of battle, and the monks, in refusing
this as unsuited to their calling, were obliged to produce a man who
offered to undergo the ordeal of red-hot iron to prove the validity of
the deed. Then the claimants at last desisted, but still succeeded in
extorting sixteen livres from the abbey as the price of appending their
signatures to the controverted deed.[1277]
Public-domain text, read in full here on John Shaqi.
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