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
So summary and effective a mode of forcing the weak and unprotected
to ransom themselves was not likely to be overlooked in those ages
of violence, and though the extra-judicial use of torture is foreign
to our purpose, yet, as showing how men educated themselves in its
employment, it may be worth while to allude briefly to this aspect
of the subject. Thus, Duke Swantopluck of Bohemia, in a marauding
expedition into Hungary in 1108, caused to be racked or put to death
all prisoners who could not purchase escape by heavy ransoms.[1523]
At the same period, Germany is described to us by an eye-witness as
covered with feudal chieftains who lived a life of luxury by torturing
the miserable wretches that could scarce obtain bread and water for
their own existence.[1524] In Spain, the same means were understood
and employed by the savage nobles of that barbarous period.[1525]
In England, the fearful anarchy which prevailed under King Stephen
encouraged a similar condition of affairs. The baronial castles which
then multiplied so rapidly became mere dens of robbers who ransacked
the country for all who had the unfortunate reputation of wealth. From
these they extracted the last penny by tortures; and the chronicler
expatiates on the multiplicity and horrid ingenuity of the torments
devised—suspension by the feet over slow fires; hanging by the thumbs;
knotted ropes twisted around the head; crucet-houses, or chests filled
with sharp stones, in which the victim was crushed; sachentages, or
frames with a sharp iron collar preventing the wearer from sitting,
lying, or sleeping; dungeons filled with toads and adders; slow
starvation, &c. &c.[1526] Even in the more settled times of the close
of the reign of Henry II. a case is recorded of a heavy fine inflicted
on a man for illegally capturing and torturing a woman;[1527] under
Richard I. an epistle of Clement III. refers to a knight who had
confessed that he had tortured a priest and forced him to redeem
himself with a large sum of money;[1528] and in 1210 King John
seized all the Jews in England and tortured them until they ransomed
themselves heavily.[1529]
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