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
but they were not admissible in ecclesiastical judgments.[1341] Still
more effective was his action when, under his impulsion, the Fourth
Council of Lateran, in 1215, formally forbade the employment of any
ecclesiastical ceremonies in such trials.[1342] As the moral influence
of the ordeal depended entirely upon its religious associations, a
strict observance of this canon must speedily have swept the whole
system into oblivion. Yet shortly after this we find the inquisitor
Conrad of Marburg employing in Germany the red-hot iron as a means of
condemning his unfortunate victims by wholesale, and the chronicler
relates that, whether innocent or guilty, few escaped the test.[1343]
The canon of Lateran, however, was actively followed up by the papal
legates, and the system may consequently be considered to have fairly
entered on its decline.
So far as the Church was concerned its condemnation was irrevocable.
By this time the papacy had become the supreme and unquestioned
legislator. The compilation of papal decrees known as the Decretals
of Gregory IX., issued in 1234, was everywhere accepted as the “new
law” of binding force, and in it the compiler, St. Ramon de Peñafort,
had sedulously inserted the prohibitions so repeatedly issued during
the preceding three-quarters of a century. These prohibitions were no
longer construed as limited to ecclesiastics; the whole system was
condemned. St. Ramon himself in his _Summa_, which had immense and
lasting authority, had no hesitation in denouncing all ordeals as an
accursed invention of the devil.[1344] His contemporary, Alexander
Hales, whose reputation as a theologian stood unrivalled, after
presenting the arguments on both sides, concludes that they are wholly
to be rejected.[1345] Soon afterwards Cardinal Henry of Susa, the
leading canonist of his day, gave a severer blow by proving that as
ordeals are illegal all sentences rendered by their means are null and
void.[1346] Still the practice was hard to suppress, for at the end of
the century we find John of Freiburg denouncing it as forbidden and
accursed; bishops and abbots permitting ordeals in their courts are
guilty of mortal sin, and preachers should denounce them from their
pulpits with all due modesty.[1347] This shows that the spiritual
lords were still deaf to the voice of the papacy, but the principle
was settled and in 1317 Astesanus, whose authority was of the highest,
treats the whole system of duels and ordeals as mere appeals to chance,
having no warrant in divine law and forbidden by the Church.[1348] This
attitude was consistently preserved, and Gregory XI. in 1374, when
condemning the Sachsenspiegel, enumerated, among other objectionable
features, its provisions of this nature as contrary to the canon law
and a tempting of God.[1349]
CHAPTER XVIII.
REPRESSIVE SECULAR LEGISLATION.
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