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
These are evidently rather sporadic and exceptional cases than
indications of any systematic introduction of the practice. A more
significant allusion, however, is found in the reproof administered,
about 1125, by Hildebert, Bishop of le Mans, to one of his priests, who
had been concerned in the torture of a suspected thief, for the purpose
of extracting a confession. Hildebert argues that the infliction of
torture for confession is a matter for judicial decision and not of
Church discipline, and therefore not fit for a clerk to be engaged
in.[1517] This would seem to show that it occasionally was a recognized
means of proof in the lay tribunals of the period, though as yet not
favored by the Church. If so, no record of its introduction or evidence
of its customary use has been preserved to us, though there is abundant
evidence of its employment as a punishment and for the extortion of
money.
As a punishment legally inflicted, we find it prescribed, in 1168, by
Frederic Barbarossa in cases of petty thefts,[1518] and in the next
century by Frederic II. as a penalty for high treason.[1519] Special
cases, too, may be instanced, where its infliction on a large scale
shows that the minds of men were not unfamiliar with its use. Thus
when, in 1125, the inhabitants of Erfurt were guilty of some outrages
on the imperial authority, and the town was besieged and captured by
the Emperor Lothair, the chronicler relates that large numbers of the
citizens were either killed, blinded, or tortured in various ways by
the vindictive conqueror,[1520] and in 1129 he treated the citizens of
Halle in the same manner.[1521]
Even towards the close of the thirteenth century, we find Rodolph of
Hapsburg interfering in favor of a prisoner whom one of his nobles was
afflicting with cruel torments. The Emperor, however, does not venture
to command, but merely entreats that the tortures be suspended until he
shall have an interview with the aggressor.[1522]
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