79. The Ordeal. | ||||
Hildenbrand: Die Purgatio canonica et vulgaris, Moenchen 1841. Unger: Der gerichtliche Zweikampf, Goettingen 1847. Philipps: Ueber die Ordalien, Moenchen 1847. Dahn: Studien zur Gesch. der Germ. Gottesurtheile, Moenchen 1867. Pfalz: Die german. Ordalien, Leipz. 1865. Henry C. Lea: Superstition and Force, Philad. 1866, p. 175-280. (I have especially used Lea, who gives ample authorities for his statements.) For synodical legislation on ordeals see Hefele, Vols. III. and IV. | ||||
Another heathen custom with which the church had to deal, is the so-called Judgment of God or Ordeal, that is, a trial of guilt or innocence by a direct appeal to God through nature. It prevailed in China, Japan, India, Egypt (to a less extent in Greece and Rome), and among the barbaric races throughout Europe. | ||||
The ordeal reverses the correct principle that a man must be held to be innocent until he is proved to be guilty, and throws the burden of proof upon the accused instead of the accuser. It is based on the superstitious and presumptuous belief that the divine Ruler of the universe will at any time work a miracle for the vindication of justice when man in his weakness cannot decide, and chooses to relieve himself of responsibility by calling heaven to his aid. In the Carlovingian Capitularies the following passage occurs: Let doubtful cases be determined by the judgment of God. The judges may decide that which they clearly know, but that which they cannot know shall be reserved for the divine judgment. He whom God has reserved for his own judgment may not be condemned by human means. | ||||
The customary ordeals in the middle ages were water-ordeals and fire-ordeals; the former were deemed plebeian, the latter (as well as the duel), patrician. The one called to mind the punishment of the deluge and of Pharaoh in the Red Sea; the other, the future punishment of hell. The water-ordeals were either by hot water, or by cold water; the fire-ordeals were either by hot iron, or by pure fire. The person accused or suspected of a crime was exposed to the danger of death or serious injury by one of these elements: if he escaped unhurt if he plunged his arm to the elbow into boiling water, or walked barefoot upon heated plough-shares, or held a burning ball of iron in his hand, without injury, he was supposed to be declared innocent by a miraculous interposition of God, and discharged; otherwise he was punished. | ||||
To the ordeals belongs also the judicial duel or battle ordeal. It was based on the old superstition that God always gives victory to the innocent. It was usually allowed only to freemen. Aged and sick persons, women, children, and ecclesiastics could furnish substitutes, but not always. Mediaeval panegyrists trace the judicial duel back to Cain and Abel. It prevailed among the ancient Danes, Irish, Burgundians, Franks, and Lombards, but was unknown among the Anglo-Saxons before William the Conqueror, who introduced it into England. It was used also in international litigation. The custom died out in the sixteenth century. | ||||
The mediaeval church, with her strong belief in the miraculous, could not and did not generally oppose the ordeal, but she baptized it and made it a powerful means to enforce her authority over the ignorant and superstitious people she had to deal with. Several councils at Mainz in 880, at Tribur on the Rhine in 895, at Tours in 925, at Mainz in 1065, at Auch in 1068, at Grau in 1099, recognized and recommended it; the clergy, bishops, and archbishops, as Hincmar of Rheims, and Burckhardt of Worms, and even popes like Gregory VII. and Calixtus II. lent it their influence. St. Bernard approved of the cold-water process for the conviction of heretics, and St. Ivo of Chartres admitted that the incredulity of mankind sometimes required an appeal to the verdict of Heaven, though such appeals were not commanded by, the law of God. As late as 1215 the ferocious inquisitor Conrad of Marburg freely used the hot iron against eighty persons in Strassburg alone who were suspected of the Albigensian heresy. The clergy prepared the combatants by fasting and prayer, and special liturgical formula; they presided over the trial and pronounced the sentence. Sometimes fraud was practiced, and bribes offered and taken to divert the course of justice. Gregory of Tours mentions the case of a deacon who, in a conflict with an Arian priest, anointed his arm before he stretched it into the boiling caldron; the Arian discovered the trick, charged him with using magic arts, and declared the trial null and void; but a Catholic priest, Jacintus from Ravenna, stepped forward, and by catching the ring from the bubbling caldron, triumphantly vindicated the orthodox faith to the admiring multitude, declaring that the water felt cold at the bottom and agreeably warm at the top. When the Arian boldly repeated the experiment, his flesh was boiled off the bones up to the elbow. | ||||
The Church even invented and substituted new ordeals, which were less painful and cruel than the old heathen forms, but shockingly profane according to our notions. Profanity and superstition are closely allied. These new methods are the ordeal of the cross, and the ordeal of the eucharist. They were especially used by ecclesiastics. | ||||
The ordeal of the cross is simply a trial of physical strength. The plaintiff and the defendant, after appropriate religious ceremonies, stood with uplifted arm before a cross while divine service was performed, and victory depended on the length of endurance. Pepin first prescribed this trial, by a Capitulary of 752, in cases of application by a wife for divorce. Charlemagne prescribed it in cases of territorial disputes which might arise between his sons (806). But Louis-le-Debonnaire, soon after the death of Charlemagne, forbade its continuance at a Council of Aix-la-Chapelle in 816, because this abuse of the cross tended to bring the Christian symbol into contempt. His son, the Emperor Lothair, renewed the prohibition. A trace of this ordeal is left in the proverbial allusion to an experimentum crucis. | ||||
A still worse profanation was the ordeal of consecrated bread in the eucharist with the awful adjuration: May this body and blood of our Lord Jesus Christ be a judgment to you this day. It was enjoined by a Synod of Worms, in 868, upon bishops and priests who were accused of a capital crime, such as murder, adultery, theft, sorcery. It was employed by Cautinus, bishop of Auvergne, at the close of the sixth century, who administered the sacrament to a Count Eulalius, accused of patricide, and acquitted him after he had partaken of it without harm. King Lothair and his nobles took the sacrament in proof of his separation from Walrada, his mistress, but died soon afterwards at Piacenza of a sudden epidemic, and this was regarded by Pope Hadrian II. as a divine punishment. Rudolfus Glaber records the case of a monk who boldly received the consecrated host, but forthwith confessed his crime when the host slipped out of his navel, white and pure as before. Sibicho, bishop of Speier, underwent the trial to clear himself of the charge of adultery (1049). Even Pope Hildebrand made use of it in self-defense against Emperor Henry IV. at Canossa, in 1077. Lest I should seem, he said to rely rather on human than divine testimony, and that I may remove from the minds of all, by immediate satisfaction, every scruple, behold this body of our Lord which I am about to take. Let it be to me this day a test of my innocence, and may the Omnipotent God this day by his judgment absolve me of the accusations if I am innocent, or let me perish by sudden death, if guilty. Then the pope calmly took the wafer, and called upon the trembling emperor to do the same, but Henry evaded it on the ground of the absence of both his friends and his enemies, and promised instead to submit to a trial by the imperial diet. | ||||
The purgatorial oath, when administered by wonder-working relics, was also a kind of ordeal of ecclesiastical origin. A false oath on the black cross in the convent of Abington, made from the nails of the crucifixion, and derived from the Emperor Constantine, was fatal to the malefactor. In many cases these relics were the means of eliciting confessions which could not have been obtained by legal devices. | ||||
The genuine spirit of Christianity, however, urged towards an abolition rather than improvement of all these ordeals. Occasionally such voices of protest were raised, though for a long time without effect. Avitus, bishop of Vienne, in the beginning of the sixth century, remonstrated with Gundobald for giving prominence to the battle-ordeal in the Burgundian code. St. Agobard, archbishop of Lyons, before the middle of the ninth century (he died about 840) attacked the duel and the ordeal in two special treatises, which brea the the gospel spirit of humanity, fraternity and peace in advance of his age. He says that the ordeals are falsely called judgments of God; for God never prescribed them, never approved them, never willed them; but on the contrary, he commands us, in the law and the gospel, to love our neighbor as ourselves, and has appointed judges for the settlement of controversies among men. He warns against a presumptuous interpretation of providence whose counsels are secret and not to be revealed by water and fire. Several popes, Leo IV. (847-855), Nicolas I. (858-867), Stephen VI. (885-891), Sylvester II. (999-1003), Alexander II. (1061-1073), Alexander III. (1159-1181), Coelestin III. (1191-1198), Honorius III. (1222), and the fourth Lateran Council (1215), condemned more or less clearly the superstitious and frivolous provocation of miracles. It was by their influence, aided by secular legislation, that these God-tempting ordeals gradually disappeared during the twelfth and thirteenth centuries, but the underlying idea survived in the torture which for a long time took the place of the ordeal. | ||||