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
tortured without extracting any information from him, and he was
imprisoned until released by the miraculous aid of St. Medard. Finally,
Gregory cleared himself canonically of the imputation, and the tables
were turned. Leudastes sought safety in flight. Riculfus was not so
fortunate. Gregory begged his life, but could not save him from being
tortured for confession. For six hours the wretched man was hung up
with his hands tied behind his back, after which, stretched upon the
rack, he was beaten with clubs, rods, and thongs, by as many as could
get at him, until, as Gregory naïvely remarks, no piece of iron could
have borne it. At last, when nearly dead, his resolution gave way, and
he confessed the whole plot by which it had been proposed to get rid of
Chilperic and Fredegonda, and to place Clovis on the throne.[1465] Now,
Plato, Gallienus, and Modestus were probably of Gallo-Roman origin, but
Riculfus was evidently of Teutonic stock; moreover, he was a priest,
and Plato an archdeacon, and the whole transaction shows that Roman law
and Frankish law were of little avail against the unbridled passions of
the Merovingian.
CHAPTER IV.
THE GOTHS AND SPAIN.
Of all the Barbarian tribes, none showed themselves so amenable to the
influences of Roman civilization as the Goths. Their comparatively
settled habits, their early conversion to Christianity, and their
position as allies of the empire long before they became its
conquerors, rendered them far less savage under Alaric than were the
Franks in the time of Clovis. The permanent occupation of Septimania
and Catalonia by the Wisigoths, also, took place at a period when
Rome was not as yet utterly sunk, and when the power of her name
still possessed something of its ancient influence, which could not
but modify the institutions of the new-comers as they strove to adapt
their primitive customs to the altered circumstances under which they
found themselves. It is not to be wondered at, therefore, if their
laws reflect a condition of higher civilization than those of kindred
races, and if the Roman jurisprudence has left in them traces of the
appreciation of that wonderful work of the human intellect which the
Goths were sufficiently enlightened to entertain.
The Ostrogoths, allowing for the short duration of their nationality,
were even more exposed to the influences of Rome. Their leader,
Theodoric, had been educated in Constantinople, and was fully as much a
Roman as many of the Barbarian soldiers who had risen to high station
under the emperors, or even to the throne itself. All his efforts were
directed to harmonizing the institutions of his different subjects, and
he was too sagacious not to see the manifest superiority of the Roman
polity.
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