Superstition and Force: Essays on the Wager of Law, the Wager of Battle, the Ordeal, Torture — John Shaqi
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
Notwithstanding the universality of the custom, and the absolute
character of the decisions reached by the process, it is easy to
discern that the confidence reposed in it was of a very qualified
character, even at an early period. The primitive law of the Frisians
describes some whimsical proceedings, prescribed for the purpose of
determining the responsibility for a homicide committed in a crowd.
The accuser was at liberty to select seven from among the participants
of the brawl, and each of these was obliged to deny the crime with
twelve conjurators. This did not absolve them, however, for each of
them was also individually subjected to the ordeal, which finally
decided as to his guilt or innocence. In this, the value of the
compurgation was reduced to that of the merest technical ceremony,
and yet a failure to procure the requisite number of supporters was
tantamount to a conviction, while, to crown the absurdity of the whole,
if any one succumbed in the ordeal, his conjurators were punished as
perjurers.[170] A similar want of confidence in the principle involved
is shown by a reference in the Anglo-Saxon laws to the conjurators
of an accused party being outsworn (_overcythed_), when recourse was
likewise had to the ordeal.[171] Among the heathen Norsemen, indeed,
an offer by either party to produce conjurators could always be met by
the antagonist with a challenge to the duel, which at once superseded
all other proceedings.[172] As regards the church, although the
authoritative use of compurgation among ecclesiastics would seem to
demand for it among them implicit faith in its results, yet we have
already seen that, in the ninth century, Hincmar did not hesitate to
require that in certain cases it should be confirmed by the ordeal;
and two centuries later, a remark of Ivo of Chartres implies a
strong degree of doubt as to its efficacy. In relating that Sanctio,
Bishop-elect of Orleans, when accused of simony by a disappointed
rival, took the oath of negation with seven compurgators, he adds
that the accused thus cleared himself as far as he could in the eyes
of man.[173] That the advantages it offered to the accused were duly
appreciated, both by criminals and judges, is evident from the case of
Manasses, Archbishop of Reims. Charged with simony and other offences,
after numerous tergiversations he was finally summoned for trial
before the Council of Lyons, in 1080. As a last effort to escape the
impending doom, he secretly offered to Bishop Hugh, the Papal legate,
the enormous sum of two hundred ounces of gold and other presents in
hand, besides equally liberal prospective payments, if he could obtain
the privilege of compurgation with six suffragan bishops. Gregory VII.
was then waging too uncompromising a war with the corroding abuse of
simony for his lieutenant to yield to any bribe, however dazzling; the
proffer was spurned, Manasses confessed his guilt by absence, and was
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