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
In Italy, even in the middle of the fifteenth century St. Antonino of
Florence considers it necessary, in his instructions to confessors, to
tell them that a judge who prescribes the combat or the red-hot iron
commits mortal sin;[1369] and Angelo da Chiavasco, who died in 1485,
requires confessors to inquire of penitents whether they have ordered
or accepted the hot-iron ordeal.[1370] Even as late as 1599 G. Ferretti
tells us that in some districts of Naples, inhabited by Epirotes,
husbands who suspect their wives of adultery force them to prove their
innocence by the ordeal of red-hot iron or boiling water.[1371]
Although the ordeal was thus removed from the admitted jurisprudence
of Europe, the principles of faith which had given it vitality were
too deeply implanted in the popular mind to be at once eradicated,
and accordingly, as we have seen above, instances of its employment
continued occasionally for several centuries to disgrace the tribunals.
The ordeal of battle, indeed, as shown in the preceding essay, was
not legally abrogated until long afterward; and the longevity of
the popular belief, upon which the whole system was founded, may be
gathered from a remark of Sir William Staundford, a learned judge and
respectable legal authority, who, in 1557, expresses the same confident
expectation of Divine interference which had animated Hincmar or
Poppo. After stating that in an accusation of felony, unsupported by
evidence, the defendant had a right to wager his battle, he proceeds:
“Because in that the appellant demands judgment of death against the
appellee, it is more reasonable that he should hazard his life with the
defendant for the trial of it, than to put it on the country ... and to
leave it to God, to whom all things are open, to give the verdict in
such case, _scilicet_, by attributing the victory or vanquishment to
the one party or the other, as it pleaseth Him.”[1372] Nearly about the
same time, Ciruelo, who for thirty years was Inquisitor at Saragossa,
alludes to cases in which he had personally known of its employment,
thus showing that it was in popular use, even though not prescribed by
the law, in Spain during the middle of the sixteenth century.[1373] In
Germany not long before the learned Aventinus showed plainly that the
existing incredulity which treated all such reliance on God as insanity
was much less to his taste than the pious trust which through ages
of faith had led princes and prelates to place their hope in God and
invoke him with all the solemnities of religion to decide where human
wisdom was at fault.[1374]
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