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
While the prohibitions uttered by the papacy had undoubtedly much to
do in influencing monarchs to abolish the ordeal, there were other
causes of scarcely less weight working to the same end. The revival
of the Roman law in the twelfth and thirteenth centuries and the
introduction of torture as an unfailing expedient in doubtful cases did
much to influence the secular tribunals against all ordeals. So, also,
a powerful assistant must be recognized in the rise of the communes,
whose sturdy common sense not infrequently rejected its absurdity.
These influences, however, have been discussed at some length in the
previous essay, and it is scarce worth while to repeat what has there
been said, except to add that, as a recognized legal procedure, the
ordeal succumbed with a less prolonged struggle than the single combat.
Yet no definite period can be assigned to the disappearance in any
country of the appeals to Heaven handed down from our ancestors in
the illimitable past. We have seen above how certain forms of the
ordeal, such as bier-right and the trial by cold water, have lingered
virtually to our own times, though long since displaced from the
statute-book; and we should err if we deemed the prohibition of the
system by lawgivers to be either the effect or the cause of a change in
the constitution of the human mind. The mysterious attraction of the
unknown, the striving for the unattainable, the yearning to connect our
mortal nature with some supernal power—all these mixed motives assist
in maintaining the superstitions which we have thus passed in review.
Even though the external manifestations may have been swept away, the
potent agencies which vivified them have remained, not perhaps less
active because they work more secretly. One generation of follies after
another, strangely affiliated, waits on the successive descendants of
man, and perpetuates in another shape the superstition which seemed
to be eradicated. In its most vulgar and abhorrent form, we recognize
it in the fearful epidemic of sorcery and witchcraft which afflicted
the sixteenth and seventeenth centuries; sublimed to the verge of
heaven, we see it reappear in the seraphic theories of Quietism;
descending again towards earth, it stimulates the mad vagaries of the
Convulsionnaires. In a different guise, it leads the refined scepticism
of the eighteenth century to a belief in the supernatural powers of
the divining rod, which could not only trace out hidden springs and
deep-buried mines, but could also discover crime, and follow the
malefactor through all the doublings of his cunning flight.[1375] Even
at the present day, as various references in the preceding pages
sufficiently attest, there is a lurking undercurrent of superstition
which occasionally rises into view and shows that we are not yet exempt
from the weakness of the past. Each age has its own sins and follies
to answer for—happiest that which best succeeds in hiding them, for
it can scarce do more.
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