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
Throughout Germany, in the thirteenth century, we find the principle
of accusing conjurators generally received, as is evident from the
_juramentum supermortuum_ already referred to, and other provisions of
the municipal law.[275] So thoroughly, indeed, was this established
that, in some places, in prosecutions for highway robbery, arson, and
other crimes, the accuser had a right to require every individual in
court, from the judge to the spectator, to help him with an oath or
to swear that he knew nothing of the matter, and even the attorney
for the defendant was obliged to undergo the ceremony.[276] In Sweden
it was likewise in use under the name of _jeff niteed_;[277] and in
the compilation of the laws by Andreas, Archbishop of Lunden, in the
thirteenth century, there is a curious provision for cases of secret
murder by which the accuser could force nine men successively to
undergo the hot-iron ordeal, after which, if thus far unsuccessful, he
could still force a tenth man to trial on producing twelve conjurators
to swear to the guilt of the accused—these conjurators, in case of
acquittal, being each liable to a fine of three marks to the accused
and as much to the church.[278] In Norway and Iceland, in certain cases
of imputed crime, the accuser was bound to produce ten companions, of
whom eight appeared simply as supporters, while two swore that they
had heard the offence spoken of, but that they knew nothing about it of
their own knowledge—the amount of weight attached to which asseveration
is shown by the fact that the accused required only two conjurators to
clear himself.[279]
Perhaps the most careful valuation of the oath of a plaintiff is to be
found in the Coutumier of Bordeaux, which provides that, in civil cases
not exceeding four sols in amount, the claimant should substantiate
his case by an oath on the Gospels in the Mayor’s Court; when from
four to twenty sols were at stake, he was sworn on the altar of St.
Projet or St. Antoine; from twenty sols to fifteen livres, the oath
was taken in the cemetery of St. Seurin, while for amounts above that
sum it was administered on the “Fort” or altar of St. Seurin himself.
Persons whose want of veracity was notorious were obliged in all cases,
however unimportant, to swear on the Fort, and had moreover to provide
a conjurator who with an oath of equal solemnity asserted his belief in
the truth of his companion.[280]
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