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
No process of administering compurgation can well be conceived more
shrewdly adapted to reduce to a minimum the chances of acquittal,
or to leave the result subject to the wishes of the officials. The
testimony of the doctors of law, both civil and canon, accordingly was
that it was blind, deceitful, and perilous.[252] In fact, it is easy
to conceive of the difficulty of finding five, or nine, or eleven men
willing to risk their lives and families by standing up in support of
any one who had fallen into the grasp of the Holy Office. The terrible
apprehension which the Inquisition spread abroad among all classes,
and the dread which every man felt of being suspected and seized as an
accomplice of heresy, are unconsciously intimated by Simancas when,
arguing against this mode of trial, he observes that “the morals of
mankind are so corrupt at the present day, and Christian charity has
grown so cold, that it is almost impossible to find any one willing to
join in clearing his neighbor, or who does not easily believe the worst
of him and construe all doubtful things against him. When it is enough
for the condemnation of the accused that the compurgators shall declare
that they are ignorant or doubtful as to his innocence, who is there
that will not express doubt when they know that he would not have been
condemned to purge himself if he had not been violently suspected?”
For these reasons he says that those of Moorish or Jewish stock should
never be subjected to it, for it is almost impossible not to think ill
of them, and, therefore, to send them to purgation is simply to send
them to the stake.[253]
For all this, there was a lively discussion in the time of Simancas,
whether if the accused succeeded in thus clearing himself, it was
sufficient for acquittal. Many Inquisitors, indeed, held to the
older practice that the accused should first be tortured, when if no
confession could be forced from him he was put on his purgation; if
he passed safely through this, he was then made to abjure the errors
of which he had not been convicted, and after all this he was punished
at the discretion of the judge.[254] Such an accumulation of injustice
seems incredible, and yet Simancas feels himself obliged to enter into
an elaborate discussion to prove its impropriety.
In countries where the Inquisition had not infected society and
destroyed all feeling of sympathy between man and man this process of
purgation was not impossible. Thus, in 1527, during one of the early
persecutions of the reformers under Henry VIII., while numbers were
convicted, two women, Margaret Cowbridge and Margery Bowgas, were
allowed to clear themselves by compurgators, though there were several
positive witnesses against them. It is also noteworthy that in these
cases a portion of the compurgators were women.[255]
Public-domain text, read in full here on John Shaqi.
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