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
a provision prohibiting the administration of the ordeal in the smaller
churches, and reserving the privilege to the cathedral seats and other
important establishments.[1325]
According to a grant from Péregrin de Lavedan to the monastery of
Saint-Pé, in Bigorre, the fee for administering the hot-water ordeal
was five crowns, of which two were paid to the monastery, two to the
cathedral at Tarbes, and one to the priest who blessed the water and
stone.[1326] By the laws of St. Ladislas of Hungary, in 1092, the
stipend of the officiating priest for the red-hot iron was double that
which he received for the water ordeal;[1327] in Bohemia the laws of
Otto Premizlas in 1229 give the priest a fee of fourteen deniers for
the latter.[1328] How rigidly these rights were enforced is shown in
a case related by Peter Cantor in the twelfth century. A man accused
of crime was sentenced to undergo the ordeal of cold water. When
stripped and bound and seated on the edge of the tank, the prosecutor
withdrew the suit, but the official of the court refused to release the
accused until he should pay fees amounting to nine livres and a half.
A long wrangle ensued, until the defendant declared that he would pay
nothing, but would rather undergo the ordeal, and, after establishing
his innocence, would give fifty sols to the poor. He was accordingly
thrown in and sank satisfactorily, but on being drawn out was met with
a fresh claim from the officiating priest, of five sols, for blessing
the water.[1329]
As these fees were paid, sometimes on conviction and sometimes on
acquittal, there was danger that, even without direct bribery,
self-interest might affect the result. Thus by the acts of the Synod
of Lillebonne, in 1080, a conviction by the hot-iron ordeal entailed
a fine for the benefit of the bishop;[1330] and it was apparently to
prevent such influences that the Swedish code, compiled by Andreas
Archbishop of Lunden early in the thirteenth century, made the
successful party, whether the prosecutor or defendant, pay the fee
to the officiating priest—a regulation sufficiently degrading to the
sacerdotal character.[1331] But besides these pecuniary advantages,
the ordeal had a natural attraction to the clergy, as it afforded the
means of awing the laity, by rendering the priest a special instrument
of Divine justice, into whose hands every man felt that he was at any
moment liable to fall; while, to the unworthy, its attractions were
enhanced by the opportunities which it gave for the worst abuses. From
the decretals of Alexander III. we learn authoritatively that the
extortion of money from innocent persons by its instrumentality was a
notorious fact[1332]—a testimony confirmed by Ekkehardus Junior, who,
a century earlier, makes the same accusation, and moreover inveighs
bitterly against the priests who were wont to gratify the vilest
instincts in stripping women for the purpose of exposing them to the
ordeal of cold water.[1333]
Public-domain text, read in full here on John Shaqi.
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