Chapter I

UNIVERSAL INVOCATION OF THE JUDGMENT OF GOD.

Tendency of the human mind to cast its doubts on God 249
China an exception 251
The Ordeal in Japan 253
in Africa 254
in the Indian and Pacific Archipelagoes 257
among pre-Aryan Indian Tribes 258
Traces of the Ordeal in Egypt 259
Among Semitic Races—The Assyrians, Hebrews, Moslem 260
Among Aryans—Mazdeism 265
Hinduism—Buddhism 267
Hellenes and Italiotes 269
Celts, Teutons, Slavs 272
The Ordeal in the Barbarian occupation of Europe 275
Adopted by the Church 276

CHAPTER II.

ORDEAL OF BOILING WATER.

Details of its administration 278
Miracles reversing the ordinary process 285

CHAPTER III.

ORDEAL OF RED-HOT IRON.

Various forms of its administration 286
Examples of its use 291
Miracles reversing the ordinary process 301

CHAPTER IV.

ORDEAL OF FIRE.

Its prototypes 303
Examples of its use 305
Used to test relics 314

CHAPTER V.

ORDEAL OF COLD WATER.

Mode of administration 318
Supposed origin in ninth century 320
Received in general use 322
Prolonged employment in witchcraft cases 325
Occasionally used in nineteenth century 332

CHAPTER VI.

ORDEAL OF THE BALANCE.

Modes of administration 334

CHAPTER VII.

ORDEAL OF THE CROSS.

It is one of endurance 336
Its limited use and disappearance 338

CHAPTER VIII.

THE CORSNÆD.

Formula of employment 339
Examples of its use 341

CHAPTER IX.

THE EUCHARIST AS AN ORDEAL.

Superstitions connected with the Eucharist 344
Examples of its use as an ordeal 347
Still used in the seventeenth century 351

CHAPTER X.

ORDEAL OF THE LOT.

Various modes of its administration 352
Appeals to chance—Ordeal of Bible and key 356
Sieve-driving 358

CHAPTER XI.

BIER-RIGHT.

Doubtful origin 359
Examples of its use 361
It lingers to the present day 367
Attempts to explain it 368
Weight ascribed to it 369

CHAPTER XII.

OATHS AS ORDEALS.

Superstitions connected with the oath 371
Risks of perjury in oaths on relics 372

CHAPTER XIII.

POISON ORDEALS.

Used in India, not in Europe 375

CHAPTER XIV.

IRREGULAR ORDEALS.

Iron bands on murderers 377
Examples of miraculous interposition 379

CHAPTER XV.

CONDITIONS OF THE ORDEAL.

It is a regular judicial procedure 383
Compounding for ordeals 383
Ordeal for defeated accuser 385
Absence of testimony usually a prerequisite 386
Usually a means of defence 389
Used in failure of compurgation 390
Sometimes regarded as a punishment 391
Its use in extorting confessions 394
Practically amounts to torture 395
Influence of imagination 396
Champions in ordeals 398

CHAPTER XVI.

CONFIDENCE REPOSED IN THE ORDEAL.

Conflicting views as to its efficacy 399
Explanations of its unjust results 401
Regulations to enforce its impartial administration 404
Usually results in acquittal 406
Use of magic arts 407

CHAPTER XVII.

THE CHURCH AND THE ORDEAL.

Complex relations of the Church to the ordeal 408
Occasional opposition of the papacy 409
But it is sustained by the clergy 409
Its use in trials of heretics 410
Impressiveness of its ritual 413
Reasons of papal opposition 414
Advantages derived from it by the clergy 415
The popes at length accomplish its abolition 417

CHAPTER XVIII.

REPRESSIVE SECULAR LEGISLATION.

Forbidden in England in 1219 420
Gradually falls into desuetude 422
Persistence of superstition 427

IV.

TORTURE.

CHAPTER I.

TORTURE IN EGYPT AND ASIA.

The ordeal and torture are substitutes for each other 429
Torture in Egypt—in Assyria—not used by Hebrews 430
Not used by Oriental Aryans 431
Not used in China—used in Japan 431

CHAPTER II.

GREECE AND ROME.

Usages of torture in Greece 432
Rome—freemen not liable under Republic 434
Cæsarism extends the use of torture 435
Limited by Inscription and the _Lex Talionis_ 439
Torture of witnesses 440
Liability of slaves to torture 441
Limitations on use of torture 444
Value of evidence under torture 446

CHAPTER III.

THE BARBARIANS.

Structure of Barbarian society 449
Freemen originally not liable—torture of slaves 451
Illegal torture of freemen by the Merovingians 454

CHAPTER IV.

THE GOTHS AND SPAIN.
Influence of Roman institutions on the Goths 456
Torture under the Ostrogoths 457
Employed by the Wisigoths—details of its use 458
Transmitted by them to modern Spain 461
Legislation of Las Siete Partidas 462
Final shape of torture system in Castile 466

CHAPTER V.

CARLOVINGIAN AND FEUDAL LAW.

Torture first used for witchcraft, under Charlemagne 469
The Church averse to it 471
Character of institutions adverse to its use 471
Feudalism not favorable to it 472
Torture used for punishment and extortion 473
Ecclesiastical influence adverse to its use 477

CHAPTER VI.

REAPPEARANCE OF TORTURE.

Influence of the Roman law 479
Torture first appears in Latin kingdom of Jerusalem 480
It is revived in Italy in the thirteenth century 481
Influence of the Inquisition 483
First appearance of torture in France, in 1254 487
Its gradual introduction—1283 to 1319 491
Resistance of the nobles in 1315 494
Permanently established in opposition to Feudalism 497
Examples of procedure in the Châtelet of Paris, 1389-1392 500
Introduction in Germany 505
in Italy 506
in Hungary—Poland—Russia 508
in the ecclesiastical courts 510

CHAPTER VII.

THE INQUISITORIAL PROCESS.

Secret proceedings and denial of opportunity for defence 512
Perfected by Francis I. 514
Revised under Louis XIV. 517
Torture _avec réserve des preuves_ 518
Illegal extension of the system in the Netherlands 521
Germany—the Caroline Constitutions 522