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
We shall see that, before the custom fell into total disuse, the
change which Haco vainly attempted, came to be generally adopted, in
consequence, principally, of the example set by the church. Even before
this was formally promulgated by the Popes, however, ecclesiastics
occasionally showed that they were more careful as to what they swore,
and at a comparatively early period they introduced the form of merely
asserting their belief in the oath taken by their principal. Thus, in
1101, we find two bishops endeavoring to relieve a brother prelate from
a charge of simony, and their compurgatorial oath ventures no further
than “So help me God, I believe that Norgaud, Bishop of Autun, has
sworn the truth.”[164]
In the form of oath, however, as well as in so many other particulars,
the Welsh had a more complicated system, peculiar to themselves. The
ordinary _raith-man_ only was required to take an oath “that it appears
most likely to him that what he swears to is true.” In many aggravated
crimes, however, a certain proportion, generally one-half, had to be
_nod-men_ who were bound to a more stringent form, as the law specifies
that “the oath of a nod-man is, to be in accordance with what is sworn
by the criminal.”[165] The difference, as we have seen, in the numbers
required when a portion were _nod-men_ shows how much more difficult
it was to find men willing to swear to an absolute denial, and how
much more weight was attached to such a declaration than to the lax
expression of opinion contained in the ordinary oath of the _raith-man_.
Variations are likewise observable in the form of administering the
oath. Among the Alamanni, for instance, the compurgators laid their
hands upon the altar, and the principal placed his hand over the
others, repeating the oath alone;[166] while among the Lombards, a
law of the Emperor Lothair directs that each shall take the oath
separately.[167] It was always, however, administered in a consecrated
place, before delegates appointed by the judges trying the cause,
sometimes on the altar and sometimes on relics. In the Welsh laws
of the fifteenth century it is specified that all _raiths_ shall be
administered in the parish church of the defendant, before the priest
shall have disrobed or distributed the sacramental bread.[168] At an
earlier period a formula of Marculfus specifies the Capella S. Martini,
or cope of St. Martin,[169] one of the most venerated relics of the
royal chapel, whence we may perhaps conclude that it was habitually
used for that purpose in the business of the royal Court of Appeals.
Public-domain text, read in full here on John Shaqi.
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