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
This apparent inconsistency is only a repetition of what we have
seen in the Persian and Indian institutions, where torture was
superfluous in the presence of other forms of proof, and in Greece
and Rome where it makes its appearance in the absence of those forms.
Though there was no theoretical objection to torture as a process of
investigation, yet there was no necessity for its employment as a means
of evidence. That the idea of thus using it in matters of great moment
was not unfamiliar to the men of that age is evident when we find it
officially stated that the accomplices of Bernard, King of Italy, in
his rebellion against Louis le Débonnaire, in 817, on their capture
confessed the whole plot without being put to the torture.[1504] Such
instances, however, were purely exceptional. In ordinary matters, there
was a complete system of attack and defence which supplemented all
deficiencies of testimony in doubtful cases. Sacramental purgation,
the wager of battle, and the various forms of vulgar ordeals were not
only primæval customs suited to the feelings and modes of thought of
the race, but they were also much more in harmony with the credulous
faith inculcated by the Church, and the Church had by this time entered
on the career of temporal supremacy which gave it so potent a voice
in fashioning the institutions of European society. For all these,
the ministrations of the ecclesiastic were requisite, and in many of
them his unseen agency might prove decisive. On the other hand, the
humane precepts which forbade the churchman from intervening in any
manner in judgments involving blood precluded his interference with the
torture chamber; and in fact, while torture was yet frequent under the
Merovingians, the canons of various councils prohibited the presence
of any ecclesiastic in places where it was administered.[1505] Every
consideration, therefore, would lead the Church in the ninth century to
prefer the milder forms of investigation, and to use its all-powerful
influence in maintaining the popular belief in them. The time had not
yet come when, as we shall see hereafter, the Church, as the spiritual
head of feudal Christendom, would find the ordeal unnecessary and
torture the most practicable instrumentality to preserve the purity of
faith and the steadfastness of implicit obedience.
Public-domain text, read in full here on John Shaqi.
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