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
This prevalence of the wager of battle among the Irish Celts renders
probable its existence likewise among the early inhabitants of Britain.
If so, the long domination of the Romans was doubtless sufficient to
extinguish all traces of it. The Welsh laws attributed to Hoel Dda in
the early part of the tenth century, which are exceedingly minute and
precise in their directions as to all forms of legal procedure, make no
allusion to it whatever. It is true that an ancient collection of laws
asserts that the code of Dyvnwal-moel-mud, a British king, prescribed
the ordeals of battle, of hot iron, and of boiling water, and that
Hoel in his legislation considered them unjust, abrogated them, and
substituted the proof by men, or _raith_.[300] This legend, however,
is very apocryphal. There is no allusion to such customs in the Welsh
codes up to the close of the twelfth century, and the few indications
which occur in subsequent collections would seem to indicate that these
were rather innovations due to the influence of the English conquest
than revivals of ancient institutions.
Among the Slavs, as they emerge into history, the duel occupies a
controlling position in the administration of justice. Ibn Dost, an
Arab traveller in Russia in the tenth century, relates that a pleader
dissatisfied with the judgment of the king could always appeal to the
sword, and this decision was regarded as so absolute that the defeated
party, his family and possessions were all at the disposition of the
victor. In Bohemia at a later period the successful combatant was
required to decapitate his antagonist.[301] The earliest records of
the various other Slavic lands give evidence of the prevalence of the
judicial combat, showing that it formed part of their ancestral customs
prior to their occupation of their present territories.[302]
Public-domain text, read in full here on John Shaqi.
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