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
Canonical purgation, according to the rules of the Inquisition, was
indicated when public report rendered a man suspected and there was
no tangible evidence against him. The number of compurgators was left
to the discretion of the judge, who at the same time decided whether
the deficiency of one, two, or more would amount to a condemnation.
They were to be peers of the accused; and though he was allowed to
select them, yet the qualification that they were to be good men and
orthodox practically left their nomination to the officials—even as the
customary accusation by the promotor-fiscal was held to be in itself
the requisite amount of suspicion required as a condition precedent
for the trial. The greater the suspicion, however, the larger was the
number of compurgators to be adduced.
When the accused had chosen his men, and they were accepted by the
judge, they were summoned, and each one examined separately by the
Inquisitors as to his acquaintance with the defendant—a process by
which, it may readily be conceived, the terrors of the Holy Office
might easily be so used as to render them extremely unwilling to
become his sponsors. They were then assembled together; the accused
was brought in, the charge against him was read, and he took an oath
denying it. Each conjurator was then taken separately and sworn as
to his belief in the truth or falsity of the oath of denegation, and
according as they expressed their conviction of the veracity of the
accused the sentence was usually rendered, absolving or condemning him.
Public-domain text, read in full here on John Shaqi.
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