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
Such was the primitive legislation of the Barbarians, but though in
principle it was long retained, in practice it was speedily disregarded
by those whom irresponsible power elevated above the law. The Roman
populations of the conquered territories were universally allowed to
live under their old institutions; in fact, law everywhere was personal
and not territorial, every race and tribe, however intermingled on the
same soil, being subjected to its own system of jurisprudence. The
summary process of extracting confessions and testimony which the Roman
practice thus daily brought under the notice of the Barbarians could
not but be attractive to their violent and untutored passions. Their
political system was too loose and undefined to maintain the freedom of
the Sicambrian forests in the wealthy plains of Gaul, and the monarch,
who, beyond the Rhine, had scarce been more than a military chief,
speedily became a despot, whose power over those immediately around
him was limited only by the fear of assassination, and over his more
distant subjects by the facility of revolution.
When all thus was violence, and the law of the strongest was scarcely
tempered by written codes, it is easy to imagine that the personal
inviolability of the freeman speedily ceased to guarantee protection.
Even amid the wild tribes which remained free from the corruptions of
civilization the idea of torturing for confession the friendless and
unprotected was not unfamiliar, and in the Elder Edda we find King
Geirröd using the torment of fire for eight days on Odin, who visits
him in disguise for the purpose of testing his hospitality.[1463]
Among the Gallic Franks, therefore, it need not surprise us to see
irresponsible power readily grasping at such means to gratify hate
or ambition. In the long and deadly struggle between Fredegonda and
Brunhilda, for example, the fierce passions of the adversaries led them
to employ without scruple the most cruel tortures in the endeavor to
fathom each other’s plots.[1464] A single case may be worth recounting
to show how completely torture had become a matter of course as the
first resource in the investigation of doubtful questions. When
Leudastes, about the year 580, desired to ruin the pious Bishop Gregory
of Tours, he accused him to Chilperic I. of slandering the fair fame
of Queen Fredegonda, and suggested that full proof for condemnation
could be had by torturing Plato and Gallienus, friends of the bishop.
He evidently felt that nothing further was required to substantiate
the charge, nor does Gregory himself, in narrating the affair, seem to
think that there was anything irregular in the proposition. Gallienus
and Plato were seized, but from some cause were discharged unhurt. Then
a certain Riculfus, an accomplice of Leudastes, was reproached for
his wickedness by a man named Modestus, whereupon he accused Modestus
to Fredegonda, who promptly caused the unhappy wretch to be severely
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