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
In the first half of the same century, the manufacturers of the False
Decretals had attributed to Alexander I. an epistle designed to
protect the Church from pillage and oppression, in which that pontiff
is made to threaten with infamy and excommunication those who extort
confessions or other writings from ecclesiastics by force or fear, and
to lay down the general rule that confessions must be voluntary and not
compulsory.[1535] On the authority of this, Ivo of Chartres, at the
commencement of the twelfth century, declares that men in holy orders
cannot be forced to confess;[1536] and half a century later, Gratian
lays down the more general as well as more explicit rule that no
confession is to be extorted by the instrumentality of torture.[1537]
This position was consistently maintained until the revival of the
Roman law familiarized the minds of men with the procedures of the
imperial jurisprudence, when the policy of the Church altered, and it
yielded to the temptation of obtaining so useful a means of reaching
and proving the otherwise impalpable crime of heresy.
CHAPTER VI.
REAPPEARANCE OF TORTURE.
The latter half of the twelfth century saw the study of the civil law
prosecuted with intense ardor, and, in the beginning of the thirteenth,
Innocent III. struck a fatal blow at the barbaric systems of the ordeal
and sacramental compurgation by forbidding the rites of the Church
to the one and altering the form of oath customary to the other. The
unreasoning faith which had reposed confidence in the boiling caldron,
or the burning ploughshare, or the trained champion as the special
vehicle of Divine judgment, was fading before the Aristotelian logic
of the schools, and dialectical skill could not but note the absurdity
of acquitting a culprit because he could beg or buy two, or five, or
eleven men to swear to their belief in his oath or denial.
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