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
adjuration to abandon the trial if he was conscious of guilt. Then the
oath was administered to him, and he took hold of the glowing iron, or
plunged his hand into the seething caldron, or was bound and cast into
the water. Nothing was omitted that would add to the effectiveness of
the prolonged ritual, and throughout it was in the hands of the priest;
the secular tribunal effaced itself and abandoned the whole conduct of
the affair to the Church.[1317]
Gradually, however, the papacy ranged itself in opposition to the
ordeal. After a silence of nearly two centuries, Alexander II., about
1070, denounced it as a popular invention, destitute of canonical
authority, and forbade its use for ecclesiastics.[1318] This was a
claim which had already in the eighth century been advanced in England
by Ecgbehrt, Archbishop of York, who piously declared that their oath
on the cross was sufficient for acquittal, and that if guilty their
punishment must be left to God.[1319] About the year 1000, St. Abbo
of Fleury revived this assertion of exemption,[1320] and a century
later St. Ivo of Chartres insisted on it.[1321] As we have seen, these
demands for clerical immunity were wholly disregarded, but they serve
as a key to the motive of the papal opposition to the ordeal which
developed itself so rapidly in the second half of the twelfth century.
The Church had long sought, with little practical result, to emancipate
the clergy from subjection to the secular law. This was one of the
leading objects of the forgers of the Pseudo-Isidorian decretals; it
had met with promising success at the time;[1322] in the confusion
of the tenth and eleventh centuries it had well-nigh been forgotten,
but now it was revived and insisted on with a persistent energy which
won the victory in the thirteenth century. When this point was gained
and ecclesiastics were relieved from ordeals and duels, the next step
was inevitably to extend the prohibition to the laity. The papal
battle was really fought for the advantage of the clergy, but the
clergy was ranged in opposition because the prospective benefit seemed
inadequate to compensate for present loss. The local churches found in
the administration of the ordeal a source of power and profit which
naturally rendered them unwilling to abandon it at the papal mandate.
Chartered privileges had accumulated around it, such as we have already
seen in the case of the judicial duel, and these privileges were shared
or held by prelates and churches and monasteries. Thus in 1148 we find
Thibaut the Great of Champagne making over to the church of St. Mary
Magdalen the exclusive right of administering the oaths required on
such occasions in the town of Chateaudun;[1323] and in 1182 the Vicomte
de Béarn conferred on the Abbey de la Seauve the revenue arising from
the marble basin used for the trial by boiling water at Gavarret.[1324]
In the statutes of King Coloman of Hungary, collected in 1099, there is
Public-domain text, read in full here on John Shaqi.
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