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
Originally kinsmen 179
Employment of champions becomes general 180
Hired champions were originally witnesses 182
Punishment for defeated champions 184
Professional champions—their disabilities 186
Efforts to limit the use of champions 189
Champions of communities 196
of the Church 197
CHAPTER VIII.
DECLINE OF THE JUDICIAL COMBAT.
Iceland and Norway the first to prohibit it 199
Opposition of the Municipalities 200
of the Church 206
Influence of the Roman law 211
Decline of the Judicial Duel in Spain 214
Struggle over its abolition in France 216
Reforms of St. Louis 217
Resistance of the Feudatories 218
Reaction after the death of St. Louis 222
Renewed efforts of Philippe le Bel 222
Continued by his successors 227
Occasional cases in fourteenth, fifteenth, and sixteenth
centuries 228
Final disappearance 235
Its later history in Italy, Hungary, Flanders, Russia, Scotland 235
Maintained in England until the nineteenth century 241
Traces of its legal existence in the United States 246
III.
THE ORDEAL.
CHAPTER I.
UNIVERSAL INVOCATION OF THE JUDGMENT OF GOD.
Tendency of the human mind to cast its doubts on God 249
China an exception 251
The Ordeal in Japan 253
in Africa 254
in the Indian and Pacific Archipelagoes 257
among pre-Aryan Indian Tribes 258
Traces of the Ordeal in Egypt 259
Among Semitic Races—The Assyrians, Hebrews, Moslem 260
Among Aryans—Mazdeism 265
Hinduism—Buddhism 267
Hellenes and Italiotes 269
Celts, Teutons, Slavs 272
The Ordeal in the Barbarian occupation of Europe 275
Adopted by the Church 276
CHAPTER II.
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