Superstition and Force: Essays on the Wager of Law, the Wager of Battle, the Ordeal, Torture — John Shaqi
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
Instances also occur in which the character of the defendant regulated
the number required. Among the Welsh, the laws of Hoel Dda provide
that a wife accused of infidelity could disprove a first charge with
seven women; if her conduct provoked a second investigation, she had
to procure fourteen; while, on a third trial, fifty female conjurators
were requisite for her escape.[111] Another application of the same
principle is found in the provision that when a man confessed a
portion of the crime imputed to him and denied the remainder, an
augmented _raith_ was required to support his denial, because it is
more difficult to believe a man who has admitted his participation in
a criminal act. Thus when only fifty men were requisite to rebut a
charge of homicide, and the accused admitted one of the accessories to
homicide, his denial of the main charge had to be substantiated by one
hundred, two hundred, or three hundred men, according to the nature
of the case. On the other hand, where no criminal act was concerned,
confession of a portion diminished the _raith_ for the remainder. Thus
in a claim for suretyship, six compurgators were necessary to the
defendant; but if he admitted part of the suretyship, his unsupported
oath was sufficient to rebut the remainder, as the admission of
a portion rendered him worthy of belief.[112] In the Anglo-Saxon
jurisprudence, the _frangens jusjurandum_, as it was called, also
grew to be an exceedingly complex system in the rules by which the
number and quality of the conjurators were regulated according to
the nature of the crime and the rank of the accused. In cases of
peculiar atrocity, such as violation of the sanctity of the grave,
only thanes were esteemed competent to appear.[113] In fact, among the
Anglo-Saxons, the value of a man’s oath was rated according to his
rank, that of a thane, for instance, being equal to those of seven
villeins.[114] The same peculiarity is observable among the Frisians,
whose laws required that compurgators should be of the same class as
their principal, and the lower his position in the State, the larger
was the number requisite.[115]
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