CHAPTER XVII.

THE CHURCH AND THE ORDEAL.

The relation of the Church to the vulgar ordeals presents even a more

complex question than that which has already been discussed of its

connection with the judicial combat. The ordeals were less repugnant to

its teachings and more completely dependent upon its ministrations, for

while a duel might be fought without the aid of a priest the efficacy

of an ordeal depended wholly upon the religious rites which gave it

the sanction of a direct invocation of the Almighty.

We have seen above that the Church readily accepted the pagan practices

of its Barbarian converts, and gave them fresh claim to confidence by

surrounding them with the most impressive solemnities of the faith.

Notwithstanding the worldly advantage derivable from this policy,

there were some minds superior to the superstition or the cunning of

their fellows. Even as early as the commencement of the sixth century,

Avitus, Bishop of Vienne, remonstrated freely with Gundobald on account

of the prominence given to the battle ordeal in the Burgundian code;

and some three centuries later, St. Agobard, Archbishop of Lyons,

attacked the whole system in two powerful treatises, which in many

points display a breadth of view and clearness of reasoning far in

advance of his age.[1294] Shortly after this we find an echo of these

arguments in some utterances of the papacy, such as the disapproval

of the lot by Leo IV. (p. 353), of the duel by Nicholas I. (p. 207),

and the more general condemnation by Stephen V. (p. 395), while on the

other hand we have seen (p. 382) the ordeal adopted by Stephen VII. in

the trial of his predecessor Formosus.

Whether the Holy See condemned or approved the judgment of God was a

matter of the utmost indifference to the Church at large. The universal

use of the ordeal, involving as it did the indispensable employment

of priestly ministrations, shows sufficiently that no ecclesiastic

hesitated to sanction it, and that practically it had the universal

sympathy and support of the Church. Nor was this left to be merely

a matter of inference, for the local churches had no scruple in

advocating and prescribing it in the most authoritative manner. In

799 the Council of Salzburg ordered the red-hot iron for the trial of

witches and necromancers.[1295] In 810, Ahyto, Bishop of Basle, could

suggest no other mode of determining doubtful cases of consanguinity

between husband and wife.[1296] In 853, the Synod of Soissons ordered

Burchard, Bishop of Chartres, to prove his fitness for the episcopal

office by undergoing the ordeal.[1297] Hincmar, Archbishop of Reims,

lent to it all the influence of his commanding talents and position;

the Council of Mainz in 888, and that of Tribur near Mainz in 895,

recommended it; that of Tours in 925 ordered it for the decision of a

quarrel between two priests respecting certain tithes;[1298] the synod

of the province of Mainz in 1028 authorized the hot iron in a case of

murder;[1299] that of Elne in 1065 recognized it; that of Auch in 1068

confirmed its use; a penitential of the same period in Bohemia ordered

the ordeal for those who pleaded ignorance when accused of marrying

within the prohibited degrees;[1300] Burckhardt, Bishop of Worms, whose

collection of canons enjoyed high authority, in 1023 assisted at the

Council of Selingenstadt, which directed its employment, and in his

penitential he prescribes five years’ penance for endeavoring by magic

arts to escape conviction by it—a practice which, as we have seen,

was not uncommon.[1301] The synod of Gran, in 1099, decided that the

ordeal of hot iron might be administered during Lent, except in cases

involving the shedding of blood.[1302] Moreover, we find St. Bernard

alluding approvingly to the conviction and martyrdom of heretics by

the cold-water process,[1303] of which Guibert de Nogent gives us an

instance wherein he aided the Bishop of Soissons in administering it

to two backsliders with complete success.[1304] In 1157 the red-hot

iron ordeal was prescribed by the Council of Reims for all persons

accused of belonging to the fast-growing sect of the Cathari or

Manichæans, whose progress was alarming the Church;[1305] and in 1167

two heretics at Vezelai were tried by cold water in the presence of

the Archbishop of Lyons and two bishops, when, singularly enough, they

escaped.[1306] In 1172 a learned clerk named Robert was involved in a

debate with a knight on the delicate question whether the Eucharist

became corrupted when voided from the body: he was accused as a heretic

to the Bishop of Arras, who called in the Archbishop of Reims and

numerous clerks to try him. Robert was so confident of his innocence

that he offered to undergo the hot-iron ordeal, but his guilt was

miraculously shown when burns appeared not only on the right hand that

carried the iron, but also on the left hand, on both feet, both sides

and on his chest and belly, wherefore he was promptly burned alive as

a heretic.[1307] Other cases, moreover, are related by Peter Cantor,

in which good Catholics were successfully convicted of heresy in this

manner, and one instance presents a curious view of the singular

confusion which existed in judicial logic at the time. A poor fellow

who professed the most entire orthodoxy, and against whom there was no

proof, was ordered to carry the red-hot iron. This he refused unless

the assembled bishops would prove that he could do so without incurring

mortal sin by tempting God. This they were unable to accomplish, so all

unpleasant doubts were settled by promptly having him burnt.[1308] Even

after the Lateran Council of 1215, some miracles related by Cæsarius of

Heisterbach show that the conviction of heretics by the hot iron was

regarded as a matter of course,[1309] and a penitential of a somewhat

later period complains that suspected heretics on trial had no other

means of proving their orthodoxy or their conversion to the true faith.

It also mentions a curious custom prevalent in some places that where

there was doubt as to a man having died in grace, his friends had to

prove his penitence by undergoing the cold-water ordeal before he was

admitted to Christian sepulture.[1310]

Prelates, moreover, were everywhere found granting charters containing

the privilege of conducting trials in this manner. It was sometimes

specially appropriated to members of the Church, who claimed it, under

the name of _Lex Monachorum_, as a class privilege exempting them

from being parties to the more barbarous and uncanonical wager of

battle,[1311] and in 1061 a charter of John, Bishop of Avranches, to

the Abbot of Mont S. Michel, alludes to hot water and iron as the only

mode of trying priests charged with offences of magnitude.[1312] St.

Ivo of Chartres, who denied the liability of churchmen to the ordeal,

admitted that it could be properly used on laymen, and even pronounces

its result to be beyond appeal.[1313] Pope Calixtus II. in 1119 gave

his sanction to it at the Council of Reims, and soon afterwards at

the Council of Chartres he admitted the red-hot iron to decide a

case of alleged violation of the right of asylum in a church.[1314]

About the same time the learned priest, Honorius of Autun, specifies

the benediction of the iron and water of the ordeal as part of the

legitimate functions of his order;[1315] and even Gratian, in 1151,

hesitates to condemn the whole system, preferring to consider the

canon of Stephen V. as prohibiting only the ordeals of hot water and

iron.[1316]

The Church, in fact, lent its most impressive ceremonies to enhance

the effect on the popular mind of these trials. An _Ordo_ or Ritual,

of about the year 1100, informs us that when any one accused of theft

or adultery or other crime refused to confess, the priest was to go to

the church, put on his sacred vestments, except the chasuble, and then,

holding the gospels and chrismatory, the chalice and paten and relics

of saints, he from the vestibule summoned the people, while forbidding

the accused, if guilty, and any of his accomplices to enter. At the

same time he designated the spot in the vestibule where the fire was

to be built to heat the caldron or the ploughshares, and sprinkled

them all with holy water to prevent diabolical illusions. Then the

accused entered. He was first required to forgive all offences as he

hoped for pardon; he made confession of his sins and accepted penance,

while the penitential psalms were sung customary for penitents on Ash

Wednesday; if there was suspicion as to his faith he was made to swear

on the altar his reliance on God rather than on the devil to manifest

his innocence in the ordeal. Mass was then celebrated and communion

was administered to him under the tremendous adjuration, “May the body

and blood of our Lord Jesus Christ be unto thee a proof!” After this

the priest led the people to the spot where the trial was to take

place. Prayers were uttered to God to render judgment, litanies and

psalms were sung, the material of the ordeal, whether iron or hot or

cold water, was blessed with an adjuration that it would be the means

of rendering a just verdict, and the accused was exorcised with an

adjuration to abandon the trial if he was conscious of guilt. Then the

oath was administered to him, and he took hold of the glowing iron, or

plunged his hand into the seething caldron, or was bound and cast into

the water. Nothing was omitted that would add to the effectiveness of

the prolonged ritual, and throughout it was in the hands of the priest;

the secular tribunal effaced itself and abandoned the whole conduct of

the affair to the Church.[1317]

Gradually, however, the papacy ranged itself in opposition to the

ordeal. After a silence of nearly two centuries, Alexander II., about

1070, denounced it as a popular invention, destitute of canonical

authority, and forbade its use for ecclesiastics.[1318] This was a

claim which had already in the eighth century been advanced in England

by Ecgbehrt, Archbishop of York, who piously declared that their oath

on the cross was sufficient for acquittal, and that if guilty their

punishment must be left to God.[1319] About the year 1000, St. Abbo

of Fleury revived this assertion of exemption,[1320] and a century

later St. Ivo of Chartres insisted on it.[1321] As we have seen, these

demands for clerical immunity were wholly disregarded, but they serve

as a key to the motive of the papal opposition to the ordeal which

developed itself so rapidly in the second half of the twelfth century.

The Church had long sought, with little practical result, to emancipate

the clergy from subjection to the secular law. This was one of the

leading objects of the forgers of the Pseudo-Isidorian decretals; it

had met with promising success at the time;[1322] in the confusion

of the tenth and eleventh centuries it had well-nigh been forgotten,

but now it was revived and insisted on with a persistent energy which

won the victory in the thirteenth century. When this point was gained

and ecclesiastics were relieved from ordeals and duels, the next step

was inevitably to extend the prohibition to the laity. The papal

battle was really fought for the advantage of the clergy, but the

clergy was ranged in opposition because the prospective benefit seemed

inadequate to compensate for present loss. The local churches found in

the administration of the ordeal a source of power and profit which

naturally rendered them unwilling to abandon it at the papal mandate.

Chartered privileges had accumulated around it, such as we have already

seen in the case of the judicial duel, and these privileges were shared

or held by prelates and churches and monasteries. Thus in 1148 we find

Thibaut the Great of Champagne making over to the church of St. Mary

Magdalen the exclusive right of administering the oaths required on

such occasions in the town of Chateaudun;[1323] and in 1182 the Vicomte

de Béarn conferred on the Abbey de la Seauve the revenue arising from

the marble basin used for the trial by boiling water at Gavarret.[1324]

In the statutes of King Coloman of Hungary, collected in 1099, there is

a provision prohibiting the administration of the ordeal in the smaller

churches, and reserving the privilege to the cathedral seats and other

important establishments.[1325]

According to a grant from Péregrin de Lavedan to the monastery of

Saint-Pé, in Bigorre, the fee for administering the hot-water ordeal

was five crowns, of which two were paid to the monastery, two to the

cathedral at Tarbes, and one to the priest who blessed the water and

stone.[1326] By the laws of St. Ladislas of Hungary, in 1092, the

stipend of the officiating priest for the red-hot iron was double that

which he received for the water ordeal;[1327] in Bohemia the laws of

Otto Premizlas in 1229 give the priest a fee of fourteen deniers for

the latter.[1328] How rigidly these rights were enforced is shown in

a case related by Peter Cantor in the twelfth century. A man accused

of crime was sentenced to undergo the ordeal of cold water. When

stripped and bound and seated on the edge of the tank, the prosecutor

withdrew the suit, but the official of the court refused to release the

accused until he should pay fees amounting to nine livres and a half.

A long wrangle ensued, until the defendant declared that he would pay

nothing, but would rather undergo the ordeal, and, after establishing

his innocence, would give fifty sols to the poor. He was accordingly

thrown in and sank satisfactorily, but on being drawn out was met with

a fresh claim from the officiating priest, of five sols, for blessing

the water.[1329]

As these fees were paid, sometimes on conviction and sometimes on

acquittal, there was danger that, even without direct bribery,

self-interest might affect the result. Thus by the acts of the Synod

of Lillebonne, in 1080, a conviction by the hot-iron ordeal entailed

a fine for the benefit of the bishop;[1330] and it was apparently to

prevent such influences that the Swedish code, compiled by Andreas

Archbishop of Lunden early in the thirteenth century, made the

successful party, whether the prosecutor or defendant, pay the fee

to the officiating priest—a regulation sufficiently degrading to the

sacerdotal character.[1331] But besides these pecuniary advantages,

the ordeal had a natural attraction to the clergy, as it afforded the

means of awing the laity, by rendering the priest a special instrument

of Divine justice, into whose hands every man felt that he was at any

moment liable to fall; while, to the unworthy, its attractions were

enhanced by the opportunities which it gave for the worst abuses. From

the decretals of Alexander III. we learn authoritatively that the

extortion of money from innocent persons by its instrumentality was a

notorious fact[1332]—a testimony confirmed by Ekkehardus Junior, who,

a century earlier, makes the same accusation, and moreover inveighs

bitterly against the priests who were wont to gratify the vilest

instincts in stripping women for the purpose of exposing them to the

ordeal of cold water.[1333]

With all these influences, moral and material, to give to the local

clergy a direct interest in the maintenance of the ordeal, it is no

wonder that they battled resolutely for its preservation. In this,

however, as in so many other details of ecclesiastical policy,

centralization triumphed. When the papal authority reached its

culminating point, a vigorous and sustained effort to abolish the

whole system was made by the popes who occupied the pontifical throne

from 1159 to 1227. Nothing can be more peremptory than the prohibition

uttered by Alexander III.,[1334] who sought moreover to enlist on his

side the local churches by stigmatizing as an intolerable abuse the

liability which in Sweden forced the highest prelates to submit to the

red-hot iron ordeal.[1335] About the same time we find the celebrated

Peter Cantor earnestly urging that it was a sinful tempting of God and

a most uncertain means of administering justice, which he enforces by

numerous instances of innocent persons who, within his own knowledge,

had been condemned by its means and put to death; and he declares

that any priest exorcising the iron or water, or administering the

oaths preliminary to the judicial duel, is guilty of mortal sin.[1336]

Somewhat earlier than this, Ekkehard Bishop of Munster took the same

ground when he refused to his steward Richmar permission to undergo the

red-hot iron ordeal in order to convert the Jew, Hermann of Cologne;

it would be, he said, a tempting of God.[1337] A different reason was

given when Albero, a priest of Mercke near Cologne, offered to pass

through fire to prove the orthodoxy of his teaching that the sacraments

were vitiated in the hands of sinful priests, and his request was

refused on the ground that skilful sorcery might thus lead to the

success of a flagrant heresy.[1338] In 1181, Lucius III. pronounced

null and void the acquittal of a priest charged with homicide, who had

undergone the water ordeal, and ordered him to prove his innocence with

compurgators, giving as a reason that all such “peregrina judicia”

were prohibited.[1339] Even more severe was the blow administered by

Innocent III. early in the thirteenth century. At Albenga, near Genoa,

a man suspected of theft offered to prove his innocence by the red-hot

iron, and agreed to be hanged if he should fail. The ordeal took place

in the presence of the bishop and judge; the man’s hand was burnt and

after some consultation the bishop ordered him to be hanged. When

Innocent heard of this he promptly had the bishop deprived of his see

and a successor elected; his decision in this case was carried into

the canon law as a precedent to be followed.[1340] In 1210, moreover,

when Bishop Henry of Strassburg was vigorously persecuting heresy and

convicting heretics by the ordeal, one of them named Reinhold hurried

to Rome and returned with a letter from Innocent forbidding it for the

future; ordeals might be adjudged, he said, by the secular tribunals,

but they were not admissible in ecclesiastical judgments.[1341] Still

more effective was his action when, under his impulsion, the Fourth

Council of Lateran, in 1215, formally forbade the employment of any

ecclesiastical ceremonies in such trials.[1342] As the moral influence

of the ordeal depended entirely upon its religious associations, a

strict observance of this canon must speedily have swept the whole

system into oblivion. Yet shortly after this we find the inquisitor

Conrad of Marburg employing in Germany the red-hot iron as a means of

condemning his unfortunate victims by wholesale, and the chronicler

relates that, whether innocent or guilty, few escaped the test.[1343]

The canon of Lateran, however, was actively followed up by the papal

legates, and the system may consequently be considered to have fairly

entered on its decline.

So far as the Church was concerned its condemnation was irrevocable.

By this time the papacy had become the supreme and unquestioned

legislator. The compilation of papal decrees known as the Decretals

of Gregory IX., issued in 1234, was everywhere accepted as the “new

law” of binding force, and in it the compiler, St. Ramon de Peñafort,

had sedulously inserted the prohibitions so repeatedly issued during

the preceding three-quarters of a century. These prohibitions were no

longer construed as limited to ecclesiastics; the whole system was

condemned. St. Ramon himself in his _Summa_, which had immense and

lasting authority, had no hesitation in denouncing all ordeals as an

accursed invention of the devil.[1344] His contemporary, Alexander

Hales, whose reputation as a theologian stood unrivalled, after

presenting the arguments on both sides, concludes that they are wholly

to be rejected.[1345] Soon afterwards Cardinal Henry of Susa, the

leading canonist of his day, gave a severer blow by proving that as

ordeals are illegal all sentences rendered by their means are null and

void.[1346] Still the practice was hard to suppress, for at the end of

the century we find John of Freiburg denouncing it as forbidden and

accursed; bishops and abbots permitting ordeals in their courts are

guilty of mortal sin, and preachers should denounce them from their

pulpits with all due modesty.[1347] This shows that the spiritual

lords were still deaf to the voice of the papacy, but the principle

was settled and in 1317 Astesanus, whose authority was of the highest,

treats the whole system of duels and ordeals as mere appeals to chance,

having no warrant in divine law and forbidden by the Church.[1348] This

attitude was consistently preserved, and Gregory XI. in 1374, when

condemning the Sachsenspiegel, enumerated, among other objectionable

features, its provisions of this nature as contrary to the canon law

and a tempting of God.[1349]

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