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
The habitual use of such a method of administering justice required
no little robustness of faith in the expected intervention of God to
control the event. Even in the fifteenth century, when the combat was
rapidly becoming obsolete, this faith is pictorially embodied in an
illuminated MS. of Tallhöfer’s Kamp-recht, where a miniature represents
the victor kneeling and returning thanks to God, while the vanquished
is lying on his back with Satan grasping at his open mouth as though
already seizing the soul of the criminal.[379] This robustness of
faith was proof against experience and common sense, and sought to
explain the frequent miscarriage of justice by any process of reasoning
rather than the right one. Thus about the year 1100 a sacrilegious
thief named Anselm stole the sacred vessels from the church of Laon
and sold them to a merchant, from whom he exacted an oath of secrecy.
Frightened at the excommunications fulminated by the authorities of the
plundered church, the unhappy trader revealed the name of the robber.
Anselm denied the accusation, offered the wager of battle, defeated
the unfortunate receiver of stolen goods, and was proclaimed innocent.
Encouraged by impunity, he repeated the offence, and after his
conviction by the ordeal of cold water he confessed the previous crime.
The doubts cast by this event on the efficacy of the judicial combat
were, however, happily removed by the suggestion that the merchant had
suffered for the violation of the oath which he had sworn to Anselm,
and the reputation of the duel remained intact.[380]
The frequent cases of this nature often did not admit of so ingenious
an explanation of the criminal’s escape, and legal casuists assumed
a condition of being, guilty in the sight of God, but not in that of
man—a refinement of speculation which even finds place in the German
codes of the thirteenth century;[381] and men contented themselves
then, as they do still, with predicting future misfortunes and an
eternity of punishment. The more direct solution, in cases of unjust
condemnation, was very much like that which justified the defeat of
Anselm’s merchant—that the unfortunate victim, though innocent of the
special offence charged, suffered in consequence of other sins. This
doctrine was even supported by the infallible authority of the papacy,
as enunciated in 1203 by Innocent III. in a case wherein the priory
of St. Sergius was unjustly convicted of theft by the judicial duel,
and its possessions were consequently seized by the authorities of
Spoleto.[382]
Public-domain text, read in full here on John Shaqi.
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