INDEX.

Ames II., story of, [260]
Abbeys, champions of, [197]
Abbo of Fleury claims exemption from ordeal for clerics, [414]
Abelard and Heloise, legend of, [364]
Aben Ezra on water of golden calf, [262]
Abiadiong, or sorcerer, [254]
Abingdon, Abbey of, uses ordeal of chance, [356]
the black cross of, [373]
Abraham, covenant of, [27]
exposed to fire ordeal, [303]
Abraham of Freisingen takes ordeal of Eucharist, [348]
Absolution for use of torture, [485]
secures escape in ordeal, [402]
Abuse of the ordeal, [405], [417]
of power by judges, [545]
of torture under Wisigoths, [461]
by modern judges, [539]
Accessories of oaths, [29]
Accomac County, Va., case of bier-right, [366]
Accomplices, the weakest tortured first in Rome, [448]
in Spain, [463]
in Germany, [543]
evidence not used against in Rome, [443], [445]
in England, [563]
received in Wales, [564]
torture to discover, in Inquisition, [484]
in France, [515], [517], [584]
in Germany, [546]
in Denmark, [562]
in Massachusetts, [570]
Accusation withheld from accused, [514]
Accusations, repeated, [45]
Accusatorial conjurators, [94]
in France, [94]
in England, [95]
in Béarn, [96]
in Germany, [96], [97]
in Northern kingdoms, [97]
in Vehmgericht, [99]
Accusatorial ordeals, [389]
Accused (see also Defendant),
advantage of compurgation to, [62]
allowed to present a warrantor, [121]
entitled to duel though guilty, [131]
obliged to accept the duel, [140], [141], [143]
his right of election, [144]
swears to his innocence, [166]
allowed choice of weapons, [177]
selects the ordeal, [292]
obliged to submit to the ordeal, [383]
compounding for the ordeal, [384]
fined if his adversary escapes in the ordeal, [384]
can demand ordeal, [387]
counsel denied to, by Inquisition, [486]
in France, [517]
allowed counsel in Castile, [469]
in Germany, [544]
hearing allowed him, [518]
refused a hearing, [547]
entitled to see adverse testimony in Castile, [468]
in Italy, [507]
in Valtelline, [508]
in France, [504], [512]
evidence refused him in France, [514]
in Germany, [544]
held responsible for torture, [532]
torture of witnesses against absent, [542]
confrontation with accuser, [545]
tortured after conviction, [545], [546]
absolved by retraction of confession, [550]
after acquittal pays expenses, [552]
Damhouder’s advice to, [553]
not to be chained in England, [565]
Accuser (see also Appellant, Plaintiff),
selects the conjurators, [48], [49]
onus of proof on, [74], [272]
obliged to accept the duel, [140], [141]
not obliged to accept duel, [143]
his right to demand duel, [144], [145]
allowed choice of weapons, [176]
selects the ordeal, [291]
fined if accused escapes in the ordeal, [384]
defeated, ordeal for, [385]
guilty of perjury, [386]
can demand ordeal, [386]
ordeal for, [389]
must be present at ordeal, [405]
subject to talio in Rome, [440], [445]
under Wisigoths, [459]
must inscribe himself in Rome, [440], [446]
his responsibility for torture under Wisigoths, [458], [460]
relieved of responsibility in inquisitorial process, [513]
confrontation with accused, [545]
Accusers, limitation of, in China, [122]
fire ordeal used by, [305]
Achan, case of, [262]
Acquittal usual in ordeal, [406]
in ordeal, fees for, [416]
accused pays expenses after, [552]
Adalbert, St., power of his intercession, [377]
Adalger at Council of St. Baseul, [395]
Adaulfus of Compostella, legend of, [372]
Admiralty courts, duel not admitted by, [165]
Adrian, his restrictions on torture, [446]
his estimate of torture, [446]
Adrian II. administers ordeal of Eucharist, [349]
Adulteress, escape of, in ordeal, [402], [403]
Adultery, accusation of, in Wales, [45]
accusation of, in the Koran, [46]
compurgation prescribed for, [87]
ordeal for, [413]
in China, [253]
torture for, in Rome, [439], [448]
under Wisigoths, [460]
torture of partners in, [551]
evidence of slave received in Rome, [444]
Adurabad, ordeal of, [267]
Advocates, use of, [70]
exempt from torture in Castile, [467]
must testify against clients in witch-trials, [555]
of churches, [198]
Advowson, origin of, [198]
Æneum, [278]
Affaire Calas, [584]
Afia-ibnot-idiok, [254]
Afia-edet-ibom, [254]
Africa, ordeals in, [254]
Agde, council of, in [508], condemns the sortes sanctorum, [354]
Age, compurgation as privilege of, [57]
minimum, liable to duel, [141]
subject to torture in Rome, [446]
in Spain, [463], [466]
in Germany, [527]
advanced, exempted in Germany, [527]
Agobard, St., denounces the duel, [206]
on confusion of laws, [275]
his tracts against ordeals, [409]
cold-water ordeal unknown to, [321]
Ahyto, Bishop, prescribes the ordeal, [409]
Ainos of Japan, duel among, [108]
ordeals used by, [253]
Aix-la-Chapelle, merchants exempt from duel, [204]
council of, 816, prohibits ordeal of cross, [338]
Alamanni, Laws of—
selection of compurgators, [43]
compurgation for murder, [52]
formula of compurgation, [60]
perjury of compurgators, [63]
judicial duel in, [113], [119]
fine for defeated combatant, [167]
kinsmen as champions, [180]
Albenga, conviction by ordeal at, [418]
Albero of Mercke, ordeal refused to, [418]
Albert I. substitutes compurgation for the duel, [81]
Albertus de Gandino, his work on torture, [525]
Albertus Magnus, his recipe against fire, [408]
Alby, Council of, 1254, denies counsel to accused, [487]
Alcalá, Ordenamiento de, on the duel, [216]
Alexander I. (Pseudo) on extorted confessions, [478]
Alexander II. forbids ordeal of Eucharist, [369]
denounces the ordeal, [414]
Alexander III. forbids duel to clerics, [156], [207]
on extortion in ordeals, [417]
prohibits the ordeal, [417]
secures confession by deceit, [559]
Alexander I. (Scotland), his charter to Scone, [162]
Alexander II. (Scotland) on use of champions, [192]
restricts ordeals, [421]
Alexander the slave, his torture, [447]
Alexander of Constantinople, case of, [379]
Alexis Mikhailovich abrogates the duel, [239]
Alfin, his duel with Olaf Trygvesson, [115]
Alfonso VI. (Castile) introduces Roman ritual, [132]
Alfonso VII. undergoes compurgation, [67]
Alfonso X. introduces the jure de juicio, [22]
rejects negative proofs, [74], [425]
his charter to Treviño, [202], [424]
restricts the duel, [214]
his regulation of torture, [462]
Alfonso XI. allows accused to see testimony, [468]
duel ordered by, [215]
his regulations of the duel, [216]
Aliprandus of Milan on punishment of conjurators, [64]
Alltud, [39]
Alphonse of Poitiers, his charter to Riom, [203]
to Auzon, [490]
Alsace, cold-water ordeal for slaves, [322]
Altars, oaths on, [28]
Alternative numbers of conjurators, [43]
Altoviti and Gaddi, duel of, [236]
Althing, or Icelandic assembly, [18]
Ambassadors, champions necessary to, [129]
America, appeal of death in, [246]
compurgation in, [88]
bier-right in, [366]
torture in, [569]
peine forte et dure in, [575]
Amiens, bailli of, compurgation prescribed for, [77]
duel restricted in, [201]
nobles of, claim the duel, [227]
torture of clerics in, [491]
Amsterdam deprived of its headsman, [536]
exile for retracted confession, [549]
use of torture in 1803, [578]
Amula of Modena, story of, [293]
Andernach, battle of, [400]
André de Trahent, case of, [397]
Andreas of Lunden regulates fees for ordeal, [416]
Andres, founding of abbey of, [316]
Andrew, St., his lance tested by ordeal, [308]
Angelo da Chiavasco describes compurgation, [92]
his allusion to ordeals, [425]
Angli & Werini, laws of—
judicial duel in, [114]
limit of duel, [147]
kinsmen as champions, [180]
ordeal of red-hot iron, [291]
Anglican Church, compurgation in, [93]
Anglo-Saxons, compurgation for injuries, [17]
classification of oaths, [24]
reduplicated oaths, [28]
rules for compurgation, [46], [48]
juramentum supermortuum, [55]
oath of compurgators, [58]
overcythed, [61]
forath, [95]
judicial duel not used, [114]
ordeals in suits with Welsh, [276]
use of hot-water ordeal, [283]
of red-hot iron ordeal, [287]
accuser selects the ordeal, [291]
the dead cleared by ordeal, [294]
formula for cold-water ordeal, [318]
use of cold-water ordeal, [322]
triple ordeal for sorcery, [326]
corsnæd for clerics, [341]
Eucharist for clerics, [348]
ordeal of the lot, [353]
enforcement of ordeal, [383]
compounding for the ordeal, [384]
accuser can demand ordeal, [386]
ordeal for all suspects, [489]
in failure of compurgation, [390]
for perjurers and convicts, [392]
prevention of collusion in ordeal, [405]
Anjou, hired champions allowed, [193]
Anselm and the sacred vessels of Laon, [136], [324], [474]
Antejuramentum, [95]
Antioche, Assises d’, [143]
Antonino, St., his allusion to ordeals, [425]
Antoninus Pius orders torture of slaves in civil suits, [441]
rejects evidence of accomplices, [445]
Antrustions, hot-water ordeal for, [323]
Apollonius of Tyana, his power, [447]
Appeal of death, [242]
in Massachusetts, [245]
in Maryland, [247]
abolished, [246]
Appeals determined by duel, [123]
from feudal courts, [473]
denied to villeins, [491]
from sentence of torture in Castile, [465], [467]
in France, [514]
in Germany, [545]
refused, [547]
from conviction, torture to prevent [546]
after conviction, torture to prevent, [552]
Appellant (see also Accuser).
selects conjurators, [48], [49]
his right to demand duel, [144]
swears to justice of his cause, [166]
punishment of defeated, [167]
for default, [173]
allowed choice of weapons, [176]
use of champions by, [181]
Approvers, [175], [243]
Apremios, [583]
Aquitaine, torture resisted in, [498]
Aquinas on duel and ordeal, [209]
Ara maxima, the, [27]
Arabs, ordeal among the, [264]
Aragon, limit of value for duel, [148]
duels between Christians and Saracens forbidden, [151]
duel prohibited, [214]
bier-right in, [366]
ordeals prohibited, [424]
torture restricted in, [462], [469]
Arcadius and Honorius on exemption of decurions, [438]
Arckel, Jan van, his duel, [104]
Ardennes, ordeal of staff in, [397]
Arducius, Bishop of Geneva, [162]
Arezzo, Bishop of, grants the duel, [161]
admits champions in a duel, [189]
Argenton, Seigneur d’, subjected to torture, [499]
Argentré, Bertrand d’, accepts bier-right, [366]
on preliminary proof, [515]
Arian, ordeal to convert an, [296]
defeated by hot-water ordeal, [279]
worsted by fire ordeal, [304]
relics tested by fire, [315]
Aristogiton, torture of, [433]
Aristotle quoted for bier-right, [359]
Arius, death of, [379]
Armagnac, Count of, his duel, [222]
challenges Foix, [225]
Arms of witnesses blessed at altar, [120]
choice of, in duel, [176]
coats of, duels concerning, [105]
Arnoul of Flanders offers the ordeal, [294]
Arnoul, St., his relics tested with fire, [316]
Arnustus, his death, [343]
Arques, punishment of murder in, [13]
restriction on duel in, [203]
Arras, ordeal of fire at, [310]
Bishop of, uses ordeal for heretics, [411]
council of, 1025, tortures heretics, [474]
Aryans, social organization of, [13]
the duel a custom of, [108]
ordeal among, [265]
use of torture among, [431], [432]
Ashantee, poison ordeal in, [255]
Ashford vs. Thornton, case of, [246]
Askew, Ann, torture of, [568]
Aspres, customs of, [19]
Assizes of Clarendon order cold-water ordeal, [322], [388], [400]
Assyria, use of imprecations in, [260]
use of torture in, [430]
Astesanus on oaths, [30]
condemns the ordeal system, [420]
Astin of Wispington, case of, [389]
Astyages, his use of torture, [431]
Atharva Veda, allusion to ordeals in, [267]
Athia, [147]
Atto of Vercelli objects to compurgation, [37]
denounces the duel, [128]
on clerical liability to duel, [155], [157]
Audefroy le Bâtard, ballad by, [68]
Augsburg, duel in 1409, [172]
Augustin, St., on oaths on relics, [31], [372]
favors the lot, [352]
condemns torture, [477], [576]
Augustus tortures Q. Gallius, [435]
his opinion of torture-evidence, [441]
Ausch, Council of, 1068, confirms the ordeal, [410]
Australia, duel among aborigines, [108]
Austria, case of bier-right in, [364]
torture of page of Richard I., [474]
abolition of torture, [580]
Dukes of, allowed champions, [134]
Auxerre, relics of St. Martin at, [380]
Auzon, charter of, exempts from torture, [490]
Avantparlier, [70]
Aventinus on judgment of God, [102], [426]
Avesta, responsibility of kindred in, [14]
ordeal prescribed by the, [265]
Avitus, St., denounces the duel, [206], [409]
his dispute with the Arians, [379]
Avoués of churches, [198]
Ayesha accused of adultery, [46]
Aymar, Jacques, [427]
Aztecs, oath ordeal among, [259]
Bacon, Francis, recommends torture, [568]
Bacon, Roger, admits virtue in ordeals, [424]
Baden, torture abolished, [581]
Baglioni, lord of Spello, grants the duel, [236]
Bahr-recht, [359]
Bail required of combatants, [173]
liability of, [174]
Baioarian law—
admission of compurgation, [53]
witnesses and conjurators, [62]
accusatorial conjurators, [94]
challenge of witness, [103]
judicial duel, [113], [119]
minimum limit for duel, [147]
champions always used, [181]
use of ordeal, [274]
torture of slaves, [452]
Bajazet, his method of investigation, [576]
Balance, ordeal of, [334]
used in witchcraft cases, [335]
Balbás, Fuero of, compurgation in, [34], [49]
Bâle, council of, denounces abuse of oaths, [23]
Baldus de Periglis, his work on torture, [525]
Baldwin VII. (Flanders) his charter to Ypres, [48], [201]
Bands of iron used as an ordeal, [377]
Banishment after success in ordeal, [401]
Bankruptcy cases, torture used in, [530]
Baptista de Saulis describes compurgation, [93]
his allusion to ordeals, [425]
Barbarian laws, personal not territorial, [131], [275], [453]
rest on negative proofs, [73]
accusatorial conjurators, [94]
judicial duel, [112]
use of champions, [180]
ordeal of the lot, [353]
no trace of bier-right, [359]
use of torture, [449]
corporal punishment unknown, [451]
torture of slaves, [451]
Barbarians, the, their jurisprudence, [16]
lack of confidence in oaths, [24]
universal use of compurgation, [34]
general use of ordeal, [275]
cold-water ordeal not used, [320]
Barberousse punished for suspicion, [521]
Barcelona, council of 599, prescribes the lot, [355]
Bari exempted from duel and ordeal, [201]
Barker, Janet, case of, [571]
Barriller and Carrington, duel of, [231]
Bastards, their right to the duel, [140]
Battle, Wager of, [101]
Battoon, the, for duels, [176]
Bavaria, torture in, [473]
torture abolished, [581]
Bavarian house of Guelf, founding of, [133]
Bayle, Peter, condemns torture, [577]
Béarn, selection of compurgators, [51]
formula of compurgation, [58]
compurgation retained, [79]
accusatorial conjurators, [96]
duel between prince and subject, [135]
limitations on duel, [145]
penalty for defeat in duel, [168]
for default in duel, [174], [233]
use of champions, [194]
duel legal till 1789, [232]
hot-water ordeal, [283]
red-hot iron ordeal, [295]
cold-water ordeal, [323]
torture not used in, [487]
Beaulieu, Abbey of, its jurisdiction, [161]
Beaumanoir, silence as to compurgation, [75]
limitations on duel, [140]
on punishment of defeated champion, [185]
his opinion of the duel, [221]
rejects negative proofs, [74]
no reference to torture, [488]
Beauvais, champion of, [196]
Beccaria on torture, [516], [546], [549], [586]
Belfast, relic of St. Patrick at, [374]
Belgium, witches tried by ordeal in 1815, [323]
Belief, compurgators only swear to, [71]
Benares, ordeal in 1783, [284], [290]
Bera and Sanila, duel of, [117]
opposition excited by it, [206]
Berkeley, Abbey of, [40]
Bermuda, compurgation in, [87]
Bernard, St., on study of Roman law, [73]
Bernard, St.—
approves of ordeal for heretics, [410]
Bernard Gui complains of restrictions on torture, [511]
Bernard of Italy, his rebellion, [470]
Bernard VI. of Armagnac, [203]
Bernhardi, Martin, opposes torture, [577]
Berthaut Lestalon, case of, [501]
Bertin, St., power of his intercession, [378]
Bertrand, St., of Comminges, his improvised ordeals, [285], [374]
Bertulf of Bruges, case of, [152]
Béziers, council of, 1255, [490]
Bible and key, ordeal of, [357]
Bibliomancy, [335]
Bier-right, [359]
explanations of it, [369]
weight of its evidence, [370]
influence of imagination, [396]
Biers placed in the lists, [172]
Bignon, Jerome, on cold-water ordeal for witchcraft, [330]
Bigorre, conjurators in, [43]
exemption of widows from duel, [146]
hired champions, [195]
duel not obligatory, [202]
profits of ordeals, [415]
Bilateral ordeals, [249]
ordeal of cross, [336]
in Tibet, [269]
Binsfeld on cold-water ordeal in witchcraft, [327]
Bishops, oaths taken on hand of, [30]
number of conjurators for, [43]
select compurgators for clerics, [51]
decree duels in their courts, [162]
selected by the lot, [355]
fitness determined by ordeal, [410]
their profits from ordeals, [416]
their unrestricted power to torture, [511]
Spanish, their privilege in swearing, [36]
Bitter water, ordeal of, [262]
Blind, the, torture of, [528]
Blois, assembly of notables in 1498, [513]
Blondel, Geoffrey, a salaried champion, [196]
Blood swallowed as an ordeal in India, [258]
in Greece, [270]
Blood-money (see Wer-gild).
Bobenzan, Dr., his torture, [526]
Boccaccio’s story of Calendrino, [341]
Boden, von, opposes abuses of torture, [577]
Bodin on cold-water ordeal in witchcraft, [327]
urges punishment for suspicion, [519]
approves deceit in witch-trials, [559]
Boguet complains of uselessness of torture, [558]
disapproves deceit in witch-trials, [559]
Bohemia, judicial duel used, [110]
duels of women, [153]
universal use of ordeals, [274]
iron bands to punish fratricide, [377]
compounding for the ordeal, [384]
ordeal for all suspects, [388]
in prohibited marriages, [410]
fees for ordeals, [416]
use of torture, [473], [476]
Bohemian Brethren use the lot, [355]
Bologna, regulation of champions, [195]
torture in cases involving fines, [529]
Bones, bleeding, murder revealed by, [364]
Boniface, St., on perjury of compurgators, [63]
Boniface converts Russia by an ordeal, [310]
Bonifazio de’ Vitaliani, his work on torture, [525]
Bonuszeno of Soavo, [196]
Books tested by fire ordeal, [313], [314]
Boot, torture of, [573]
Bordeaux, oath of plaintiff in, [98]
bier-right in, [366]
torture resisted in, [498]
Borneo, ordeals in, [257]
Borru, ordeal of, [256]
Bothwell, his offers of the duel, [240]
Bourbons of Naples, their use of torture, [587]
Bourges, torture of Jews in, [492]
Bourges, Nicholas, case of, [492]
Bowgas, Margery, cleared by compurgation, [92]
Boys with greased boots detect witches, [539]
Bracton on use of compurgators, [71], [84]
ordeals obsolete in his time, [421]
knows nothing of torture, [564]
Brahm, F. M., on water ordeal for witches, [331]
Brahman caste, oaths prescribed for, [25]
hot-water ordeal for, [284]
ordeal of balance for, [334]
their presence required at ordeals, [269], [280]
Brant, N., water ordeal for witches, [331]
Bread and cheese, ordeal of, [339]
Brehons, inspiration of, [272]
Bribes in ordeal, [406]
Brice, St., his ordeal, [304]
Bridewell, the, torture used in, [569]
Britanny, accusatorial conjurators in, [99]
duel permitted till 1539, [231]
bier-right in, [366]
charter of 1315, [495]
use of torture, [504]
responsibility of judges for torture, [515]
Brothers, duel between, [141], [218]
Brown and Hepburn, duel of, [240]
Bruchsal, torture in prison of, [582]
Bruges, duel prohibited in, [203]
ordeal at choice of accused, [387]
for convicts, [392]
witch-trial in, [567]
Bruntfield and Carmichael, duel of, [240]
Brunnemann on facilities for defence, [547]
Brzetislas, ordeal in his laws, [274]
Buda, Council of, 1279, prohibits ordeals, [423]
Buddha, his relic tested by fire, [314]
Buddhism, its influence in China, [252]
accepts the ordeal, [269]
Bulgaria, survival of the duel, [239]
use of torture in, [478]
Bull’s blood, ordeal of, [270]
Burchard, Bishop of Chartres, subjected to ordeal, [410]
Burckardt of Worms on the ordeal, [392], [410]
Burgmeister on water ordeal for witches, [329], [331]
Burgundian law, kindred as compurgators, [50]
judicial duel, [112], [119]
champions unusual, [181]
witnesses must be of same race, [275]
torture of slaves, [451]
Burgundy, nobles of, claim the duel, [227]
duel abolished by Philippe le Bon, [231]
ordeal for witches in [17]th century, [331]
bier-right in, [366]
charter of, 1315, [495]
Burial alive, women punished by, [153], [503]
Burke defends the appeal of death, [246]
Burning for refusal of ordeal, [411]
Burnt Njal, saga of, [17]
Byzantine Empire, ordeal used in, [277], [299], [304], [313]
Cacabus, [278]
Cachielawis, torture of, [573]
Cadiz, Córtes of, abolishes torture, [583]
Cæsarism, extension of torture by, [435]
Cæesarius of Heisterbach, his theory of ordeal, [402]
on ordeal for heretics, [411]
Cæsarius of Königswinter, case of, [374]
Cagots as conjurators, [43]
Cain and Abel, their duel, [107]
Calas, case of, [584]
Caldaria, [278]
Calendrino, story of, [341]
Caligula, his relish for torture, [436]
Calixtus II. approves of ordeal, [412]
Cambrai, heretics convicted by ordeal, [297]
Campetti, his use of divining-rod, [428]
Campion, Jesuit, his torture, [569]
Canon law on perjury, [30]
adopts compurgation for heretics, [36]
Canonical compurgation, [33]
Canute, his laws on compurgation, [48]
Cappadocians hardened to torture, [558]
Caracalla allows torture for poisoning, [439]
of slaves in adultery cases, [444]
Caraffa, Cardinal, his trial, [541]
Cardigan, holy taper of, [32]
Cardone, Raymond de, challenges Armagnac, [225]
Carena on bier-right, [359]
his explanation of it, [369]
Carlovingian law—
selection of compurgators, [50]
admission of compurgation, [53]
punishment of compurgators, [64]
accusatorial conjurators, [95]
judicial duel proscribed, [113], [118]
challenging of witnesses, [120]
liability of ecclesiastics, [155]
penalty for defeat in duel, [167]
for defeated champion, [184]
robbers not to serve as champions, [186]
reliance on judgment of God, [250]
red-hot iron ordeal, [291]
cold-water ordeal, [322]
ordeal of cross, [336]
in failure of compurgation, [390]
for ill-repute, [392]
as a punishment, [393]
confidence reposed in the ordeal, [399]
use of chrism in ordeal, [407]
of torture, [469]
Carlos, Don, his torture, [468]
Carmichael and Brentfield, duel of, [240]
Caroline Constitutions, torture in, [522]
adopted in 1532, [524]
Carpzov on the evidence of bier-right, [370]
denies appeal from sentence of torture, [545]
Carrington and Bariller, duel of, [231]
Carrouges and le Gris, duel of, [229]
Carter, Paul, bier-right in case of, [366]
Casimir III. (Poland) regulates compurgation, [83]
forbids inquisitorial process, [509]
Casimir IV. (Poland) restricts compurgation, [83]
Castelnau, Sire de, offers the duel, [233]
Castile, purgatorial oaths, [24]
compurgation in, [80]
Mozarabic rite defended by duel, [132]
by fire ordeal, [313]
duels only permitted between gentlemen, [151]
use of champions restricted, [195]
duel restricted, [214]
bier-right, [366]
ordeals prohibited, [424]
use of torture in, [462]
Catalonia, limitation on duels, [146]
Truce of God enforced by the ordeal, [323]
Cathari, ordeal used to convict, [411]
Catherine II. restricts torture, [581]
Catholics tortured under Elizabeth, [568]
Cats, use of, in torture, [554]
Caussade, Raymond de, challenged by Thomas Felton, [229]
Caussois, Gervaise, case of, [501]
Cautinus of Auvergne uses ordeal of Eucharist, [348]
Celestin III. on perjury of compurgators, [64]
forbids clerical duels, [158], [207]
Celtiberians, judicial duel among, [108]
Celts, solidarity of the family among, [15]
judicial duel among, [108]
ordeals used by, [272], [273]
Cemeteries, duels forbidden in, [209]
Centulla I., his charter to Lourdes, [202]
Centulla IV., employs the ordeal, [295]
Ceremonial of compurgation, [60]
Calchuth, council of, condemns the lot, [353]
Chaldea, use of imprecations in, [260]
Challenging of witnesses, [103], [120]
of judges, [123]
Champagne, nobles of, claim the duel, [227]
cold-water ordeal for witchcraft, [330]
resistance to torture, [496]
Champion of England, the, [134]
Champions, [179]
put forward as warrantors, [121]
denied to witnesses, [121]
of ambassadors, [129]
allowed to Dukes of Austria, [134]
used to convict thieves, [135]
oath of, [139]
in duels of different ranks, [150]
supplied by the State, [152]
allowed to clerics, [157]
defeated, penalties of, [168], [184]
as witnesses, [182]
disabilities incurred by, [187]
restrictions on their employment, [189]
hiring of, [190], [193]
equalization of, [194]
of towns, [196]
of churches, [197]
in ordeals, [295], [337], [390], [398], [400]
Chance in selection of compurgators, [49]
ordeal of, [352]
in China, [253]
in Borneo, [257]
in Rajmahal, [259]
Charlemagne tries Leo III., [35]
on number of conjurators, [43]
urges use of judicial duel, [118]
prohibits duel between his heirs, [127]
his duel with Witikind, [130]
cold-water ordeal ascribed to, [321]
favors ordeal of cross, [337]
on iron bands for parricide, [378]
his confidence in the ordeal, [399]
on use of chrism in ordeal, [407]
orders buildings for the mallum, [471]
torture for sorcerers, [470]
Charles le Chauve attacks Louis of Saxony, [400]
Charles IV. (Emp.) interferes with duels of Bishop of Liége, [160]
his charter to Worms, [205]
torture in his Golden Bull, [504]
Charles V. (Emp.) prescribes compurgation, [81]
challenges Francis I., [106]
duel ordered by, [216]
on sentences of torture, [467]
his laws on torture, [522]
Charles V. (France) alludes to compurgation, [77]
Charles VI. (Fr.) limits the duel, [230]
admits women as witnesses, [228]
Charles IX. (France), edict against duels, [104], [235]
Charles I. (England) tries to prevent duel, [244]
Charles XI. (Sweden) restricts compurgation, [83]
Charles of Anjou challenges Pedro of Aragon, [105]
prohibits the ordeal, [422]
Charles de Valois, his use of torture, [494]
Charles the Good, of Flanders, his murder, [152], [474]
Charles the Bold tries to prevent duel, [232]
Charms forbidden in duels, [139]
in ordeals, [407]
use of, against torture, [556], [557]
Charteris and Douglass, duel of, [239]
Charters exempting from duel, [200]
of prelates granting jurisdiction of ordeal, [412]
Chartres, council of, sanctions ordeal, [412]
Chassanée accepts bier-right, [366]
Chastity tested by fire ordeal, [304]
Chateaudun, church of, its interest in ordeals, [415]
Château-Neuf, case of torture in, [493]
Châtelet of Paris, its use of torture, [493], [500]
Cheese, ordeal of, [339]
Cherleman, [47]
Cherreen, ordeal of, [259]
Children, responsibility for, [20]
as substitutes in ordeals, [398]
their evidence received in witch-trials, [554]
not subject to torture in Rome, [446]
in Spain, [463], [466]
in Germany, [527]
Chimpanzee skull used in ordeal, [254]
China, redemption of punishment, [122]
freedom from superstition, [251]
torture not used, [431]
Chindaswind prohibits Roman law among Goths, [458]
his regulation of torture, [460]
Chivalry, duels of, [242]
Choice of conjurators made by sheriff, [48]
by plaintiff, [48], [49]
by court, [49]
by judge, [51]
by defendant, [57]
of weapons in duel, [176]
Chrism, use of, in ordeal, [407]
Christ, his swaddling-cloth tested by fire, [315]
Christian burial, ordeal prerequisite to, [412]
Christianity, its influence on torture in Rome, [444]
Christians, their torture in Rome, [436]
Christiern IV. abolishes compurgation, [82]
Christiern V. prohibits compurgation, [82]
restricts use of torture, [562]
Church, the, supersedes family ties, [19], [35]
favors the use of oaths, [22]
its teachings as to perjury, [30]
its profits in administering oaths, [32]
adopts compurgation, [35]
degree of confidence in compurgation, [61]
it modifies the compurgatorial oath, [71]
disabilities imposed on women, [122]
deprived of exemption from duel, [131]
its secular jurisdiction, [161]
its champions, [197]
its opposition to duel, [206]
its perplexities as to the duel, [211]
influence in favor of ordeal, [276]
does not favor the lot, [352]
its relations with the ordeal, [408], [409]
its opposition to the papacy, [415]
its condemnation of torture, [471], [477]
extorted confession invalid, [478]
adopts use of torture for heresy, [484]
adopts the talio, [169], [513]
Churches, oaths taken in, [29]
champions of, [197]
local, their interest in ordeals, [415]
Cicero, his estimate of torture, [447]
Cid, the, requires compurgation of Alfonso VI., [68]
Ciruelo on Eucharist ordeal, [351]
his theory of ordeals, [403]
Cin, [18]
Citizenship in Rome, [440]
Civil cases, champions required for, [192], [193]
ordeal in, [385]
lack of testimony requisite for ordeal, [387]
torture of slaves in, [433], [441]
torture used in, [530]
Clarendon, Assizes of, ordeal for all suspects, [388]
disbelief in ordeal, [400]
Class-privileges as to oaths, [24]
in compurgation, [57]
Claudia Quinta, her ordeal, [271]
Claudius, his relish for torture, [436]
swears not to torture freemen, [439]
Claxton vs. Lilburn, case of, [244]
Clement III. forbids clerics to fight, [156]
Clement V. forces torture of Templars, [511]
Clergy, the, sustain the ordeal, [417]
Clerics, their wer-gild, [20]
purgatorial power of their oaths, [22]
oaths administered by, [30]
their claim of disculpatory oaths, [36]
not allowed to select compurgators, [47]
compurgators for, [51]
their evidence decisive in Wales, [55]
not to serve as advocates, [73]
Irish, their use of the duel, [109]
not received as witnesses, [122]
duel unfitted for, [128]
subject to duel by Otho II., [131]
their liability to the duel, [155]
they fight personally, [156]
champions allowed them, [157]
dispensations for fighting duels, [160]
exempted from secular laws, [161]
forbidden the duel, [207]
ordeal of corsnæd for, [342]
ordeal of Eucharist for, [348]
shaving reserved for, [403]
they uphold the ordeal, [409]
ordeal specially for, [412]
exempted from the ordeal, [414]
relieved from ordeals and duels, [415]
subject to torture in Rome, [438]
exempted from torture in Castile, [467]
in France, [491]
their presence forbidden at torture, [471], [475]
use of torture renders them irregular, [484]
their exemption from torture limited, [527]
tortured in England, [566]
Clog Oir, the, [397]
Clotair II., his legitimacy proved, [39]
prevents collusion in ordeal, [405]
Clovis and the vase of Soissons, [450]
Club, the, for duels, [176]
Coblentz, council of, on conjurators, [43]
Cobra used as an ordeal, [376]
Cock used in ordeal, [256]
Coke, Sir Edward, on use of torture, [567]
Coke, Sir Thomas, his torture, [566]
Colbert refuses counsel to accused, [517]
Cold-water ordeal, its process, [318]
its use in India, [319]
its introduction in Europe, [321]
a patrician or plebeian ordeal, [322]
used in witchcraft cases, [325]
in cases of heresy, [410]
abuse of women, [417]
Collaudantes (see Conjurators).
Collusion in the ordeal, [405]
Coloman, King, regulates privilege of ordeals, [415]
Colville, Sir Thomas, [197]
Combat, Trial by, [101]
Commerce, its influence on the duel, [204]
Comminges, Bernard of, challenges Foix, [225]
Common law, torture not legal in, [563]
Communes, their exemption from duel, [200]
their influence on ordeals, [426]
Communion before duel efficacious, [138]
Communities, [14]
responsibility of, [41]
champions of, [196]
Como, number of witches in, [560]
Compensation for injuries, [16]
Compounding for duel forbidden, [144]
for the ordeal allowed, [383]
Compurgation, [33]
adopted by the Church, [35]
conditions of, [51]
in default of testimony, [52]
depends on degree of crime, [56]
in place of duel, [57]
formulas of, [58]
its ceremonial, [60]
combined with ordeal, [61]
confidence felt in it, [61]
responsibility incurred, [64]
its decline, [67]
modification of oath, [71]
abolished in England in 1833, [87]
as used in the Inquisition, [90]
combined with ordeal, [389]
ordeal in case of failure, [390]
and ordeal alternative, [392]
replaces ordeal, [418]
Condemnation of the innocent explained, [403]
Conditions of compurgation, [51]
of wager of battle, [140]
of the ordeal, [383]
Confession (judicial), partial, [46]
withdrawal of, [52]
extorted, invalid, [462], [563]
in ecclesiastical law, [478]
under torture must be confirmed, [463], [514], [522], [548]
extorted in Inquisition, [485]
under illegal torture is invalid, [550]
revoked, invalid in Sicilian Constitutions, [482]
questions concerning, [548]
absolves accused, [550]
torture repeated for, [463], [522], [548], [550]
not necessary for conviction in Germany, [523]
spontaneous, torture after, [546]
under torture to secure salvation, [552]
under promise of pardon, [558]
rewarded by strangling, [573]
must be spontaneous in England, [565]
Confession (sacramental) secures victory in duel, [138]
escape in ordeal by, [297], [310], [402]
not made in ordeal of Eucharist, [351]
Confidence reposed in compurgation, [61]
in judicial duel, [127]
in the ordeal, [399]
Confirmation of confession required, [463], [522], [548], [550]
of evidence required, [550]
Confiscation for refusal of duel, [131]
for default in duel, [173]
for refusal of ordeal, [383]
torture not used for cases of, [529]
Confrontation of accused with witnesses, [517]
of accused with accuser, [545]
Confucianism, its freedom from superstition, [252]
Conjurations forbidden in duels, [139]
in ordeals, [407]
use of against torture, [556], [557]
Conjurators, [33]
selection of, [38]
large numbers required, [39]
classified by rank, [46]
not witnesses, [51]
subject to penalty of perjury, [63]
double the number of witnesses, [85]
accusatorial, [94]
substituted for duel, [201]
tried by ordeal of cross, [337]
subjected to ordeal, [390]
Conrad of Marburg, his inquisition, [89]
convicts heretics by ordeal, [419]
Conring, Hermann, approves of water ordeal, [331]
Consanguinity determined by ordeal, [410]
Consecration of ordeal-iron, [288]
Consecrated crosses, value of, [30]
Constance, council of, prescribes compurgation, [92]
Constantine orders torture for unnatural lust, [439]
enforces the talio, [440]
Constantinople, use of iron ordeal, [299]
use of fire ordeal, [304], [313]
Constantius prescribes torture for sorcerers, [439], [554]
Constitutio Criminalis Theresiana, [580]
Continuance of torture, [466], [517]
Contrition secures escape in ordeal, [402]
Convents, torture in, [560]
Conversion of Iceland, [199]
of Denmark, [295]
of Russia, [310]
Convictions rare in ordeal, [406]
in ordeal, fees for, [416]
without confession in Germany, [523]
punishment without, [528]
where there has been no crime, [531]
torture after, to prevent appeals, [552]
Convicts sent to ordeal, [392]
not tortured in Rome to implicate others, [445]
so tortured in modern times, [484], [515], [517], [546], [562], [570], [584]
Cope of St. Martin used in compurgation, [60]
Copper, molten, ordeal of, [266]
Copres uses the fire ordeal, [304]
Corporal punishment unknown to Barbarians, [451]
Corsica, bier-right in, [366]
use of torture, [506]
Corsnæd, the, [339]
in Rome, [272]
in [16]th century, [343]
its use in India, [344]
Cory, Giles, case of, [575]
Cosha, [344]
Coucy, Enguerrand de, case of, [221]
Coucy, Jacques de, case of, [516]
Counsel, his assertion not binding on client, [70]
allowed to accused in Castile, [469]
denied by Inquisition, [486]
in France, [517]
allowed in 1788, [583]
in Germany, [544]
fined for frivolous appeal, [545]
must testify against clients in witch-trials, [555]
Court records altered by the duel, [135]
Courtenay, Sir Piers, case of, [145]
Courts, challenging of, [123]
their right to refuse the duel, [140]
ecclesiastical, duel in, [161]
publicity of Carlovingian, [471]
of feudal, [512]
Covenant between the pieces, [27]
Cowbridge, Margaret, cleared by compurgation, [92]
Crannchur, [354]
Crespy exempted from duel, [203]
Cremona, case of bier-right, [359]
Crime, torture to ascertain, [530]
Crimes liable to duel, [147]
excepted, in Roman torture, [439]
under Wisigoths, [459], [460]
in Castile, [464], [466]
in Germany, [526]
Crimen majestatis, torture in, [435], [438], [443]
in France, [495]
in England, [564], [570]
Criminal cases, champions in, [192], [193]
Cripples forced to provide champions, [152]
champions allowed to, [181], [189]
limitation on right to champions, [194]
Crippling, torture not to cause, [465], [467], [523]
caused by torture, [532]
Cross, ordeal of, [336]
relic of, tested by fire, [317]
Crosses, oaths taken on, [30]
suffice for clerics, [414]
Crucet-houses, [476]
Culm, synod of, on ordeal for witches, [322]
Cunigunda, St., her ordeal, [287], [293]
Dacia, purgatorial oaths in, [23]
Dagobert I. revises the Barbarian laws, [113]
Dalzell, Sir Wm., case of, [145]
Damages allowed to champions, [188]
of slaves in torture paid for by pleader, [433]
paid to master in Rome, [445]
among Barbarians, [452]
under Wisigoths, [458]
in Castile, [468]
Damhouder approves the duel, [237]
his Praxis, [524]
his advice to accused, [553]
on insensibility to torture, [557]
Dante justifies the duel, [211]
Darius, his savage punishments, [431]
David and Goliath, their duel, [107], [209], [261]
David I. (Scotland), his charter to Holyrood, [162]
David, penitential of, [29]
Deacons, number of conjurators for, [43]
Dead, the, their evidence obtained by conjurators, [56]
champions represent them in duel, [152]
cleared by ordeal, [294]
pardon asked of, [360]
their repentance proved by ordeal, [412]
Deaf-mutes, torture of, [528]
Death, appeal of, [242], [245]
in America, [246]
invoked as an ordeal, [379]
under torture, penalty for under Wisigoths, [460]
in modern times, [504], [523], [532], [574]
Debt, action for, negative proofs in, [74]
Debts, compurgation used to escape, [85]
Deceit, use of, by Inquisition, [485]
use of, in witch-trials, [558]
Decline of compurgation, [67]
Decline—
of the duel, [199]
of the ordeal, [421]
of the torture system, [575]
Decurions exempt from torture, [438]
Deeyeh, [29]
Default in duel, penalty for, [173], [233]
Defeat in duel is perjury, [167], [184]
Defence, accused not heard in, [518], [547]
facilities for, in Castile, [468]
in Châtelet of Paris, [504]
in Italy, [507]
in Valtelline, [508]
in France, [512]
withdrawn in France, [513]
in Germany, [544]
Defendant (See also Accused).
has choice of conjurators, [57]
proof required of, [74]
obliged to accept the duel, [140], [141], [143]
swears to justice of his cause, [166]
allowed choice of weapons, [177]
use of champions by, [181]
can demand ordeal, [387]
allowed his own law, [394]
Degradation inflicted on champions, [187]
Degrees of kinship settled by ordeal, [410]
of torture, five, [543]
De la Barre, case of, [584]
Delay accorded in duel, [173]
Delfos, Bellido, kills Sancho II., [68]
Del Rio, his explanation of bier-right, [369]
on severity of torture, [532]
approves deceit in witch-trials, [559]
Demoniacal possession caused by perjury, [372]
Denmark, levying of wer-gild in, [18]
kinsmen as compurgators, [41]
selection of compurgators, [49]
prolonged use of compurgation, [82]
early use of duel, [110]
duel abolished in, [200]
converted by the ordeal, [295]
bier-right in, [364]
ordeals prohibited, [422]
torture introduced, [562]
Deposition of priests engaged in duels, [156]
Des Guerres and Fendilles, duel of, [234]
Deuterius of Constantinople, case of, [379]
Dharma and Adharma, [352]
Diabolic illusions in ordeal, [408]
Die, priory of, its relics, [373]
Difference of rank prevents duel, [141], [149]
Dinteville and du Plessis, duel of, [233]
Diocletian, his torture of Christians, [437]
forbids torture of soldiers, [438]
allows torture of slaves in will cases, [442]
masters not to offer slaves to torture, [444]
his restrictions on torture, [446]
Diodorus Siculus, his account of Egyptian courts, [430]
Disabilities of women, [122]
inflicted on champions, [187]
Disability, bodily, averts duel, [144]
Disbelief in ordeal, [400]
Discretion of judge, everything left to, [533], [538], [541], [544]
its abuse, [545]
Disease as exemption from torture, [528]
Dislocations generally result from torture, [532]
Disowning of children in Wales, [55]
Dispensations for clerical duellists, [160]
for duellists, [207]
for use of torture, [485]
Divination condemned, [354]
employed to justify torture, [539]
Diviners tortured in Rome, [439]
Divining-rod, the, [427]
Divorce, compurgation in cases of, [93]
Doctors exempted from torture in Spain, [463], [466]
their exemption limited in Germany, [525]
Dog of Montargis, story of, [228]
Dolum bonum and malum, [559]
Domenico da Pescia, his ordeal of fire, [311]
Dominic, St., his writing tested by fire, [313]
Domitian, his use of torture, [439]
Dortmund exempted from duel, [205]
Doubtful results in the ordeal, [405]
Douglass and Charteris, duel of, [239]
Dower, no duel in cases of, [141]
Drowning, punishment of, [321]
for sorcery, [325]
Dubos, Jehan, punished for suspicion, [519]
Duel, judicial, [101]
supersedes compurgation, [61]
difference between it and modern duel, [103]
in diplomacy, [129]
legislative function of, [129], [133]
state questions decided by, [130]
penalty for refusing, [131]
habitual use in criminal law, [135]
explanations of its injustice, [136]
limitations on it, [140]
minimum limit of value in, [141]
regulations of, [166]
of women, regulations of, [153]
ferocity of, [178]
use of champions, [179]
rendered a matter of chance, [195]
its decline, [199]
forbidden to clerics, [207]
exemptions of the communes, [201]
opposition of the Church, [206]
influence of the Roman law, [212]
reforms of St. Louis, [216]
prolonged use in England, [241]
traces of, in the United States, [246]
used in Japan, [253]
ordeal of cross substituted, [337]
Dunning defends the appeal of death, [245]
Dunstan, St., his formula for cold-water ordeal, [319]
Du Plessis and Dinteville, duel of, [233]
Durham, Bishop of, exempted from duel, [159]
Dyaks, ordeals among, [257]
Dyvnwal-moel-mud, ordeals ascribed to, [110]
Earth, the, rejects corpse of criminal, [319]
Earth swallowed as an ordeal, [258]
from grave detects witches, [382]
Earl Richard, ballad of, [361]
Eastern Empire, ordeal used in, [277], [299], [304], [313]
Ebroin of Burgundy, [29]
Eccelino da Romano, his use of torture, [483]
Ecclesiastical courts, duel in, [161]
torture in, [510]
Ecclesiastical law, disculpatory oaths, [28]
value of oaths, [30]
acceptance of compurgation, [35]
number of compurgators, [43]
selection of compurgators, [51]
default of evidence requisite, [54]
oath of compurgators, [59]
modified, [72]
retention of compurgation, [88]
accusatorial conjurators, [95]
clerics forbidden to fight duels, [156]
exempted from secular law, [161]
jurisdiction over duels claimed by churches, [162]
lex talionis, [169], [513]
the duel forbidden to clerics, [207]
effect of dispensations, [208]
denial of sepulture to duellists, [211]
duels forbidden by Council of Trent, [237]
use of ordeals, [409]
Gratian’s hesitation about ordeals, [413]
ordeals forbidden to clerics, [414]
priests forbidden to conduct ordeals, [419]
to be present at torture, [471]
extorted confessions forbidden, [478]
torture ordered In the Inquisition, [484]
established in episcopal courts, [511]
for discovery of accomplices, [516]
of witnesses, [541]
in monastic establishments, [560]
known as, [511]
Ecgbehrt of York, ordeal of the lot, [353]
exempts priests from ordeal, [414]
Edict of Theodoric, duel not referred to, [116]
torture in, [457]
Edinburgh, torture in 1652, [574]
Edmund, St., intervenes in a duel, [137]
Edward the Confessor and Queen Emma, [294]
convicts Duke Godwin, [341]
Edward I. refuses lists to Charles of Anjou, [106]
Edward II. orders torture of Templars, [511]
Edward III. enlarges the sphere of compurgation, [85]
his challenge of Philippe de Valois, [104]
Egeno accuses Otho of Bavaria, [133]
Eggs, hot, used in torture, [588]
Egil Skallagrimsson, [111]
Egiza introduces ordeal among Goths, [275]
Egypt, ordeals in, [259]
use of torture, [430]
Eisenach, duel limited in, [205]
Ekkehardus Junior on abuses of ordeals, [417]
Ekkehard of Munster forbids the ordeal, [418]
Elfstan of Winchester, his faith, [282]
Eldon, Lord, on champions, [192]
Elizabeth, Queen, legislation on duel under, [244]
torture under, [567], [568]
Ellenborough, Lord, sustains the duel, [246]
Elne, council of, 1065, recognizes the ordeal, [410]
Emeric, St., power of his intercession, [378]
Emma, Queen, undergoes the ordeal, [294]
Emo of Wittewerum, [422]
Employer, slave not tortured against, [442]
Endurance, ordeal of, [336], [339]
Engel, M. A., defends torture, [578]
Engilbert of Trèves, [343]
England (see also Anglo-Saxons).
reduplicated oaths, [28]
alternative number of conjurators, [43]
rise of jury-trial, [48]
extensive use of compurgation, [57]
compurgation abolished, [67]
its limited use, [70]
its use prolonged, [84]
finally abolished in 1833, [87]
in ecclesiastical cases, [93]
accusatorial conjurators, [95], [97]
William I. introduces judicial duel, [115], [394]
challenging of warrantors, [121]
of courts, [123]
the champion of England, [134]
habitual use of the duel, [135]
limitations on duel, [144], [146]
minimum limit of value, [147]
clerics exempted from duel, [158]
no duel in mercantile law, [165]
penalty for defeat in duel, [168], [169]
lex talionis, [171]
penalty for default in duel, [174]
expenses defrayed by the crown, [175]
approvers, [175], [243]
equality of weapons, [176], [177]
champions as witnesses, [182], [183]
defeated, their punishment, [184]
hiring of, forbidden, [190]
salaried, [192]
required in civil cases, [192]
charters exempting from duel, [201]
persistence of the duel, [241]
duel of chivalry, [242]
abrogation of duel, [246]
red-hot iron an aristocratic ordeal, [292]
use of cold-water ordeal, [322]
for witchcraft, [330], [333]
witch weighed against Bible, [336]
ordeal of Bible and key, [357]
of sieve-driving, [358]
for all suspects, [388]
for accuser or accused, [389]
result of ordeal inconclusive, [400]
ordeals forbidden in 1219, [421]
torture used under Stephen, [476]
of Templars, [511]
unknown to common law, [563]
used under royal prerogative, [566]
in witch-trials, [570]
peine forte et dure, [574]
English and Normans, duels between, [115]
English influence on duel in France, [231]
Enguerrand de Marigny, his trial, [494]
Epicharis, her endurance, [437]
Epileptics, torture of, [528]
Epilepsy caused by false oaths, [373]
Episcopal courts, duel in, [162]
unlimited torture in, [511]
Equality of combatants, [144]
of weapons, [177]
Equalization of champions, [194]
Equestrian duel among Goths, [117]
Equity of redemption not subject to duel, [141]
Erembors, ballad of, [68]
Erfurt, citizens tortured by Lothair II., [475]
Dr. Bobenzan tortured, [526]
Eric VII. on levying of wer-gild, [18]
Erik Hakonsen abolishes duel, [199]
Erkenbald de Burban, case of, [346]
Erwig, King, on abuse of torture, [461]
Escape in ordeal, explanation of, [401]
Estates, succession to, regulated by duel, [129]
Estevenes li Barbiers, case of, [519]
Estrapade, the, [485]
Ethelwold, St., his test of Elfstan, [282]
Ethiopia, ordeals in, [256]
Eubule-Evans on use of torture in Prussia, [582]
Eucharist preliminary to ordeal, [280]
the, as an ordeal, [344]
beliefs connected with, [345]
a sacerdotal purgation, [348]
used in [17]th century, [351]
Eugenius II., cold-water ordeal ascribed to, [321]
Eulalius, Count, tried by Eucharist, [348]
Eurik, his Wisigothic Code, [458]
Evidence, difficulty of rating it, [21]
of relatives, [38]
compurgation in default of, [52]
not admitted in Wales, [55]
compurgation to confirm it, [56]
conjurators give none, [62]
negative, in Barbarian laws, [73]
absence of, requisite for duel, [142], [145], [239]
supersedes duel, [155]
of women not admitted, [122]
received in 1396, [228]
reliance on, in China, [252]
false, allowed in India, [268]
weight of, in bier-right, [370]
ordeal in absence of, [385], [386]
requisite to justify torture, [487], [523], [537]
of clergy, [527]
torture in default of, [465]
external, necessary for conviction, [489]
retracted, witness tortured for, [550]
of witchcraft unattainable, [554]
withheld from accused in France, [514]
in Germany, [544]
under torture, estimate of, in Rome, [446]
unknown to Barbarians, [453]
in modern times, [542], [547]
of slaves requires torture in Greece, [433]
in Rome, [440]
under Barbarians, [452]
under Goths, [459]
Evil looks do not justify torture, [537]
Examen pedale, [287]
Excepted crimes in Rome, [439]
under Wisigoths, [459], [460]
in Castile, [464], [466]
in Germany, [526]
Exclusion of women as witnesses, [122]
Exclusive salvation, results of belief in, [589]
Excommunication of duellists, [207]
Exemption from secular laws for clerics, [414]
from torture in Rome, [438]
in Spain, [463], [466]
in France, [495]
in Germany, [525]
of nobles in England, [570]
Exile after success in ordeal, [401]
for retracted confession, [549]
Exorcism for hot-water ordeal, [280]
for red-hot iron ordeal, [288]
in fire-test of relics, [315]
for the corsnæd, [340]
in ordeal of Eucharist, [347]
of witches on trial, [556]
Expenses of prosecution, [552]
Experimentum crucis, [339]
Explanations of results of duel, [136]
of injustice of ordeal, [401]
Extorted confession invalid in the Church, [478]
received in Inquisition, [485]
Extortion in ordeals, [417]
torture used for, [476]
of confession is homicide in England, [565]
Eye, loss of, in duel, [145]
Ezpeleta, his use of torture, [583]
Fachtna Tulbrethach, [272]
Failure in compurgation, [65]
in duel through other sins, [137]
in ordeal through other sins, [403]
Faith in the intervention of God, [135]
False Decretals, extorted confessions invalid, [478]
on accusation of accomplices, [515]
False money, ordeal for issuing, [393]
Family, organization of the, [13]
solidarity of the, [14], [19]
Family ties superseded by Church, [19], [35]
Farfa, Abbey of, case of, [155]
Farinacci on torture of sleeplessness, [535]
Fasting preliminary to ordeal, [280], [288]
Father, his purgatorial oath, [41]
and son, rule as to torturing, [543]
Feast days, torture not to be used on, [505]
torture on, [551], [556]
Fechtbücher, [238]
Fees to champions, [190], [195], [196]
derived from ordeals, [415]
their enforcement, [416]
for administering torture in Peru, [511]
in Valenciennes, [548]
Feini, levying of fines, [18]
tribal responsibility, [42]
judicial duel among, [109]
their judges warned, [272]
hot-water ordeal used by, [273]
Felix, St., of Nola, oaths on his relics, [372]
Felonies, duel for, [146]
champions not allowed in, [192]
tried by water ordeal, [322]
Felton, Thomas, challenges Raymond de Caussade, [229]
Fendilles and Des Guerres, duel of, [234]
Ferdinand and Isabella furnish counsel to accused, [469]
Fernando III. (Castile), his charter to Medina, [202]
Ferocity of judicial duel, [178]
Fetish, invocation of, in ordeals, [255]
Feudal jurisdictions, [219]
courts, their publicity, [473]
Feudalism, its struggle with civilization, [78]
undermined by the Roman law, [212]
struggle for the duel in France, [216]
torture under, [473]
its resistance to torture, [494]
Fian, Dr., torture of, [573]
Ficino, Marsiglio, his belief in bier-right, [365]
Fiefs, titles to, settled by ordeal, [324], [387]
Figeac, Abbey of, its advocate, [198]
Fijodalgo, privilege of, [24]
Fines, distribution of, [18]
for conjurators, [64], [417]
for withdrawing from duel, [144], [145]
for defeated combatant, [167]
for challenging in Bruges, [204]
for losing party in the ordeal, [384], [416]
torture in cases involving, [529]
Fire, ordeal of, among the Persians, [266]
in the Ramayana, [267]
in the Manava Dharma Sastra, [268]
in Greece, [270]
in India, [303]
among Hebrews, [303]
in Christendom, [304]
employed on relics, [314]
precautions against unguents, [408]
Fisherman of Utrecht, case of, [402]
Flamen Dialis relieved from oath-taking, [36]
Flanders, selection of compurgators, [48]
compurgation in default of evidence, [54]
compurgation retained, [82]
villein cannot challenge a noble, [152]
penalty for default in duel, [174]
charters exempting from duel, [201]-3
merchants exempted from duel, [204]
duel abolished by Philippe le Bon, [231]
survival of duel, [237]
ordeal for second accusation, [392]
torture system in, [521]
evidence refused to accused, [544]
Fleta, multiple oaths in, [28]
negative proofs in, [74]
definition of secta, [85]
Fleurant de Saint-Leu, case of, [502]
Fleury, Abbey of, [343]
Floating of sorcerers and witches, [325]
Florence, church subjected to duel, [160]
Flower-buds in fire ordeal, [303]
Foix, Raymond Bernard of, his duel, [222]
Fontaines, Pierre de, ignores compurgation, [76]
on appeals, [124]
on gladiators and champions, [187]
his opinion of the duel, [221]
no reference to torture, [489]
Fontanelle, Abbey of, its ordeal-iron, [288]
Foot, loss of, for hired warrantor, [131]
for hired champions, [191]
For de Morlaas, duels in the, [134]
Forath, [95]
Forchheim, case of bier-right, [362]
Forez, fines for withdrawing from duel, [144]
Formosus, pope, case of, [382]
Formulas of compurgation, [58]
in Lille, [78]
in the Inquisition, [90]
of application for duel, [142]
for the corsnæd, [340]
for bier-right, [368]
for unguent against fire, [408]
to protect from torture, [557]
Fort of Bordeaux, [98]
Fortescue, Sir John, on use of torture, [566]
Foulcher de Chartres on lance of St. Andrew, [309]
France (see also Merovingian Law, Salic Law, Carlovingian Laws).
judicial use of oaths, [23]
reduplicated oaths, [28]
oaths required of prelates, [36]
evidence of kinsmen excluded, [38]
selection of compurgators, [40], [47]
clients responsible for advocates, [70]
decline of compurgation, [76]
accusatorial conjurators, [94]
Henry II. prohibits wager of battle, [107]
challenging of witnesses, [121]
protection of witnesses, [123]
challenging of judges, [124]
conditions of the duel, [140]
minimum limit for duel, [147]
Jews exempted from duel, [149]
duels between different ranks, [149]
liability of clerics to duel, [157], [159]
lex talionis in duel, [170]
club used in duels, [176]
champions a matter of course, [181]
defeated, their punishment, [184]
employment of, [193]
decline of the duel, [216]
its disappearance, [235]
cold-water ordeal for witchcraft, [326], [330]
ordeal of sieve-driving, [358]
bier-right, [366]
iron bands for parricide, [378]
ordeals become obsolete, [423]
reappearance of torture, [479], [487]
resisted by Feudalism, [494]
use of torture becomes general, [499]
adoption of inquisitorial process, [513]
applications of torture, [515]
Ordonnance of 1670, [517]
réserve des preuves, [518]
abolition of torture, [583]
Francesco della Puglia opposes Savonarola, [311]
Francis I. challenged by Charles V., [106]
grants the duel, [233]
perfects the inquisitorial process, [514]
Francis, St., uses ordeal of fire, [307], [309]
Franconia, use of purgatorial oaths, [24]
Frangens jusjurandum, [46]
Frankfort, duel in 1369, [171]
Franks, use of compurgation, [34]
use of judicial duel, [113]
use of ordeal, [274]
punish sorcery with drowning, [325]
compounding for ordeals, [384]
torture of slaves, [453]
torture of freemen, [470]
Fratricide punished with iron bands, [377]
Fraud, torture in cases of, [530]
use of, in witch-trials, [558]
Fredegonda, her compurgation, [39]
her use of torture, [455]
Frederic I. (Emperor) overthrows Henry the Lion, [133]
his charter to Austria, [134]
exempts traders from the duel, [204]
prescribes iron ordeal for slaves, [292]
ordeal at discretion of accused, [387]
master’s oath clears a slave, [390]
prescribes torture for theft, [475]
Frederic II. (Emperor) on compurgation, [41]
rules for compurgation, [54], [56]
ignores compurgation, [75]
prohibits clerics as judges, [73]
compels clerics to duel, [159]
allows defendant choice of weapons, [177]
on cowardice of champions, [185]
provides champions at public expense, [190]
his charters to Ratisbon and Vienna, [204]
denounces the duel, [212]
prohibits the ordeal, [422]
prescribes torture for treason, [475]
is use of torture, [482]
Frederic of Mainz takes ordeal of Eucharist, [348]
Frederic the Great limits use of torture, [579]
Fredum, [16]
Freeman not liable to personal punishment, [65]
and serf, combat between, [122]
cannot be challenged by serf, [140]
red-hot iron ordeal for, [291]
not tortured in Greece, [432]
not subject to torture in Rome, [434]
exceptions, [435], [437], [439]
is a Roman citizen, [440]
not tortured among Ostrogoths, [457]
limitation on torture of, under Wisigoths, [459], [460]
subject to torture in Castile, [464]
inviolability obsolete, [470]
presence required at the mallum, [472]
Freedman not tortured in Greece, [433]
not tortured against his patron in Rome, [442]
among Ostrogoths, [457]
against patron in Spain, [464]
Freisingen, duels of women in, [153]
Frese, Georg, his ordeal, [301]
Friends, evidence of, excluded, [38]
Frisian laws, oaths in, [23]
use of compurgation, [34]
rules for compurgators, [47]
compurgation and ordeal combined, [61]
penalties of conjurators, [64]
judicial duel in, [114]
facilities for judicial duel, [119]
either party can claim the duel, [140]
right of litus to the duel, [148]
hired champions allowed, [180]
hot-water ordeal, [283]
ordeal of the lot, [353]
ordeal for defeated accuser, [385]
Frisia, ordeals persisted in, [422]
torture not used, [563]
Frithborgs, [41]
Frotho III. orders judicial duel, [110]
Fuero Juzgo, no compurgation in, [75]
torture in, [461]
Fuero Viejo, compurgation in, [75], [80]
Fulk the inquisitor, his abuse of torture, [486]
Fulk Nera, his charter to Abbey of Beaulieu, [161]
Fulvius Flaccus, case of, [448]
Furstenberg, Count of, uses the ordeal, [300]
Gaddi and Altoviti, duel of, [236]
Gæum, ordeal used in the, [270]
Galanas, [40]
Galbert, his explanation of ordeal, [401]
Galicia, hot-water ordeal in, [281]
Gallius, Q., case of, [435]
Gascony, land title decided by cold-water ordeal, [323]
Gauls, torture of widows among, [452]
Gauntlet, iron, ordeal of, [296]
Gautama, ordeal unknown to, [268]
Gavarret, revenue from ordeal at, [415]
Geiler von Kaisersberg opposes torture, [575]
Gelmirez, Diego, authorizes duel, [132]
Gengulphus, St., his improvised ordeal, [286]
George IV. abolishes torture in Hanover, [581]
Geirröd, his torture of Odin, [454]
Gerald, St., of Braga, case of, [379]
Gerard of Cambrai on torture of heretics, [474]
Gerberga drowned as a witch, [325]
Gerefa, [48]
Gerhardt, E., on ordeal for witches, [332]
Germany (see also Sachsenspiegel, Schwabenspiegel, Sachsische Weichbild).
purgatorial oaths, [23], [24]
of father, [41]
sinodales homines, [41]
rules for compurgation, [54]
juramentum supermortuum, [56]
use of advocates, [70]
clerics not to be judges, [73]
compurgation retained, [80]
accusatorial conjurators, [96], [97]
judicial duel among ancient Germans, [112]
challenging of judges, [126]
legislative function of duel, [129]
duel habitual in criminal cases, [135]
theory of guilt, [136]
limitations on the duel, [141]
crimes liable to duel, [147]
penalty of defeat in duel, [171]
of default in duel, [173]
weapons allowed, [177]
champions a matter of course, [190]
exemptions granted to the towns, [204]
prolongation of the duel, [238]
use of hot-water ordeal, [283]
titles to fiefs settled by water ordeal, [324]
cold-water ordeal in witchcraft, [326]
ordeal of sieve-driving, [358]
cases of bier-right, [362]
formula for bier-right, [368]
use of ordeal in civil cases, [387]
ordeal for convicts, [392]
persistence of ordeals, [423]
mediæval use of torture, [475], [476]
reappearance of torture, [479], [505]
torture established, [522]
disused, [579]
substitutes for torture, [582]
Gerode, Abbey of, its ordeal, [295]
Geroldus converts Mecklenburg, [277]
Gerstlacher, his defence of torture, [580]
Getter’s case, bier-right in, [367]
Ghent, laws of, no allusion to ordeal, [202]
ordeal for slaves, [394]
Ghee, boiling, ordeal of, [283]
Giraldus Cambrensis on study of Roman law, [73]
Gifts to hired champions, [191]
Giuliano Rondinelli, his ordeal of fire, [311]
Gladiators identified with champions, [187]
subject to torture in Rome, [441]
Glanville, jury-trial ascribed to him, [48]
allusions to compurgation, [70]
prescribes cold-water ordeal for slaves, [322]
knows nothing of torture, [564]
Glastonbury, Abbey of, its hired champion, [197]
Gloucester, Statute of, [242]
Thomas of, his duel code, [241]
Glove as gage of battle, [245]
Gobereen, ordeal of, in Rajmahal, [259]
God, judgment of, faith reposed in, [102]
tempting of, in the ordeal, [207], [411]
his interposition expected, [250]
appeals to, among Hebrews, [261]
Godelmann on cold-water ordeal in witchcraft, [328]
Godfrey, St., his charter to Amiens, [201]
Godi, Norse priest and judge, [27]
decides as to compurgation, [53]
Godwin of Kent, his death, [341]
Golden Bull, torture in, [505]
Golden Calf, ashes of, as ordeal, [262]
Gonsalvo de Cremona, [359]
Gothic ritual defended by duel, [132]
by fire ordeal, [313]
Goths (see also Ostrogoths and Wisigoths).
compurgation not used, [34]
use of judicial duel by, [115]
their civilization, [456]
their use of torture, [457]
Gout cured by torture, [528]
Gräfe, Johann, opposes torture, [576]
Grágás (see Iceland).
Grammatico, Tomaso, on punishment for suspicion, [520]
Gran, council of, 1099, prescribes the ordeal, [410]
Grand jury, presentation by, [388]
Grandier, Urbain, case of, [556]
Grateley, council of, 928, regulation of ordeal, [406]
Gratian does not condemn the ordeal, [413]
on extorted confessions, [478]
Greece, family organizations in, [15]
oaths used, [26]
traces of compurgation in, [34]
traces of judicial duel, [108]
ordeals in, [270]
oath of the gods, [371]
use of torture in, [432]
varieties of torture, [434]
Greeks, duels with Franks, [151]
Gregory I. on oaths on relics, [372]
extorted confessions invalid, [478]
Gregory II. prescribes oaths for clerics, [36]
Gregory III., penitential of, on oaths, [30]
Gregory VII., his war on simony, [62]
introduces Roman ritual in Spain, [132]
tries cold-water ordeal, [324]
takes ordeal of Eucharist, [349]
his improvised ordeal, [350]
Gregory IX., his Decretals, [419]
on purgation of heresy, [484]
prohibits counsel to accused, [487]
Gregory XI. condemns the Sachsenspiegel, [210], [420]
Gregory of Tours, his purgatorial oaths, [28]
accused by Leudastes, [454]
Grenoble, accused refused a hearing, [518]
Grillandus on compurgation, [93]
on torture of sleeplessness, [535]
his five degrees of torture, [543]
on charms against torture, [557]
Grimkel, Bishop, tests relic with fire, [316]
Grimoald, King, restricts judicial duel, [114]
restricts right of slaves to duel, [148]
Grossolano, Archbishop, convicted by ordeal, [306]
Gualberto, St. Giovanni, urges the ordeal, [305]
Guarantees required for oaths, [25]
of compurgatorial oath withdrawn, [72]
Guardians, required to provide champions, [153]
Guardianship cases, slave torture in, [442]
Gudrun, Queen, cleared by the ordeal, [385]
Guelf, Bavarian house of, founded, [133]
Guibert of Nogent uses ordeal for heretics, [410]
Guido, Abbot, of Pescara, [157]
Guy (Emp.) on duels of clerics, [155]
Guilds to furnish conjurators, [82]
Guillot de Ferrières, case of, [492]
Guilt before God but not before man, [136]
Guisbert, Ladislas, case of, [588]
Gulathingenses Leges, partition of wer-gild, [18]
selection of compurgators, [50]
oath of compurgators, [59]
Gundeberga, Queen, case of, [113]
Gundobald, King, use of duel ascribed to, [112]
the duel as remedy for perjury, [118]
Gunner’s case, [86]
Gushtasp converted by the ordeal, [295]
Gustavus Adolphus, compurgation in his laws, [83]
Gyda, Queen, duel for, [115]
Hainault, penalty for default in duel, [173]
charter of 1619, torture in, [556]
Hako Hakonsen on division of wer-gild, [18]
choice of compurgators, [49]
oath of compurgators, [59]
prohibits ordeal, [422]
Hair may float in cold-water ordeal, [319]
Hale, Sir Matthew, on the duel, [245]
Hales, Alexander, on duel, [209]
condemns ordeals, [420]
Halle, citizens tortured by Lothair II., [475]
punishment without conviction, [521]
torture of aged in, [527]
Hanche, Adolf, his duel, [171]
Hand of bishop, oath taken on, [30]
Hand, loss of, for perjury, [64]
for hired champions, [191]
wrapped up after ordeal, [280], [288]
Hanover, torture abolished, [581]
Hans Speiss, convicted by bier-right, [363]
Hardening to torture, [558]
Harold Blaatand abolishes duel, [200]
converted by ordeal, [295]
Harold the Simple abolishes duel, [200]
Harry, slave, convicted by bier-right, [367]
Haselwood, Wm., uses ordeal of sieve, [358]
Hatchet used in iron ordeal, [289]
Hatred excuses from duel, [146]
Haut-justiciers, their rights over duel, [218]
Haynokes, Susannah, case of, [336]
Hearing refused to accused, [518], [547]
Heaven, its interposition relied on, [251]
Hebrew customs, sacrificial oaths, [26], [27]
use of ordeals, [261]
fire ordeal, [303]
torture not used, [430]
Hela, witch tried by ordeal in, [333]
Hellenic Patræ and Phratriæ, [15]
Hen used in ordeal, [256]
Henry II. (Emp.) accepts a duel, [134]
restricts use of champions, [189]
accords duel to the guilty, [131]
hangs thieves convicted by the duel, [135]
cold-water ordeal for slaves, [322]
Henry III. (Emp.) on number of conjurators, [43]
rules for compurgation, [54]
challenges Henry I. (France), [130]
charter to church of Volterra, [161]
Henry IV. (Emp.) offers the duel, [133]
his charter to Pisa, [200]
refuses ordeal of Eucharist, [350]
Henry V. (Emp.) his charter to Venice, [57]
Henry I. (England), laws of, compurgation abolished, [67]
his charter to London, [201]
Henry II. (Engl.) exempts clerics from duel, [158]
forbids hiring of champions, [190]
his bleeding after death, [360]
Henry III. (Engl.) prohibits the ordeal, [421]
Henry VIII., compurgation under, [92]
use of torture under, [566], [568]
Henry II. (France) swears to grant no duels, [234]
Henry III. (France) revises coutumier of Normandy, [79], [231]
Henry IV. (France) edict against duels, [104]
his pardons to duellists, [107]
Henry II. (Navarre) grants the duel, [233]
Henry of Bavaria buries a tortured pilgrim, [474]
Henry of Essex, case of, [137]
Henry, Duke of Limburg, [343]
Henry the Lion, case of, [133]
Henry of Lorraine claims jurisdiction of duel, [238]
Henry I. of Mainz administers the ordeal, [295]
Henry of Strassburg convicts heretics by ordeal, [419]
Henry of Susa pronounces ordeals illegal, [420]
Hepburn and Brown, duel of, [240]
Hera, oaths taken by, [26]
Heracles pays for murder of Iphitus, [15]
Heretics, compurgators for, [88]
conviction of, by ordeal, [297], [410], [419]
ordeal forbidden in their trial, [419]
torture used in 1025, [474]
Heresy, no limitations on torture, [467]
torture habitually used, [484]
Herigarius, miracle granted to, [379]
Herkia defeated in ordeal, [385]
Hermann of Cologne, conversion of, [418]
Hermann of Slavonia prescribes compurgation, [84]
Hermann of Suabia challenges Henry II., [134]
Hermes, mutilation of statues of, [433]
Herzegovina, ordeal for witches, [333]
Hidulf, St., power of his intercession, [377]
Hildebert of Le Mans on torture, [475]
Hinemar, his rules for compurgators, [47]
his eulogy of hot-water ordeal, [278], [282]
explanation of cold-water ordeal, [319]
ordeals for witnesses and compurgators, [389]
his suggestion of a champion, [398]
Hindu customs (see India).
Hiring of champions, [190], [193], [195]
Hirpi walk over burning coals, [287]
Hoel Dda, his laws, [20]
abrogation of ordeals ascribed to, [110]
Holland, ordeal of balance in, [335]
torture system in, [521], [576]
disuse of torture, [577]
Holm-gang, [111]
abolition of, [199]
Holstein, bier-right in, [364]
Holy Coat of Trèves, [422]
Holy Ghost, ordeal of, [381]
Holy water used in ordeal, [281], [407]
Holyrood, Abbey of, its jurisdiction, [162]
Homicide, penalty of, at Arques, [13]
duel necessary to prove it, [142]
inferior can challenge superior, [151]
Homines sinodales, [41]
Homo infamatus sent to ordeal, [392]
Honor, duel of, [104]
Honorius III. forbids clerical duels, [160]
prohibits ordeals, [423]
Honorius of Autun sanctions ordeal, [413]
Horatii and Curiatii, preliminary oath, [271]
Horatius, wer-gild paid by, [15]
Host, consecrated, power of, [347]
Hot-water ordeal in Japan, [253]
in Ethiopia, [256]
in Madagascar, [257]
among the Khonds, [258]
in Rajmahal, [259]
among the Mazdeans, [265]
in Tibet, [269]
>among the Feini, [272]
in earliest Salic law, [274]
among the Wisigoths, [275]
its use in Europe, [278]
swallowing hot water, [283]
its use in India, [283]
miraculous cases, [285]
used for trifling cases, [292]
patrician or plebeian ordeal, [322]
Household slaves, torture of, in Spain, [464]
Hubert, Bishop of Worcester, [40]
Huesca, ordeals prohibited in, [424]
Hugh Capet challenged by Louis d’Outremer, [130]
Hugh, king of Italy, [128]
Hugh, legate, refuses bribe, [62]
Hungary, liability of clerics to duel, [157]
restriction of duel in, [237]
ordeals introduced, [277]
use of iron ordeal, [299]
witches tried by ordeal in 1730, [332], [335]
ordeal for all suspects, [388]
preservation of purity of ordeal, [405]
privilege of administering ordeals, [415]
fees for ordeals, [416]
ordeals prohibited in 1279, [423]
torture legalized, [508]
Husband and wife, rule as to torture of, [543]
Hutten, Ludwig von, declines a challenge, [238]
Iarnsida, partition of wer-gild, [18]
selection of compurgators, [50]
compurgation in default of evidence, [54]
oath of compurgators, [59]
use of compurgation, [82]
no torture in, [562]
Iceland, legal process in, [17]
levying of fines, [18]
sacrificial oaths, [27]
use of compurgation, [35], [82]
admission of compurgation, [53], [54]
oaths of compurgators, [59]
accusatorial conjurators, [97]
use of duel in, [111]
penalty for default, [174]
duel abolished, [199]
use of red-hot iron ordeal, [292]
accused can demand ordeal, [387]
ordeals abolished, [422]
use of torture, [561]
Ictus capituli, [163]
Idol-water as an ordeal, [344]
Iesameh, [29]
Iglau, compurgation in laws of, [84]
the duel in, [205]
Illegal torture renders confession invalid, [550]
Illinois, bier-right in, [368]
Illusions, diabolic, in ordeal, [408]
Imagination, influence of, in ordeals, [339], [396]
Imbrico of Augsburg, his ordeal of Eucharist, [351]
Immunity of clerics from secular law, [414]
Imprecations, use of, in Assyria, [260]
Imprisonment for retracting confession, [549]
Incest, evidence of slave in cases of, [444]
Incrimination of accomplices rejected in Rome, [443]
accepted in modern times, [484], [515], [517], [546], [562], [570], [584]
Incontinency, compurgation for, [87]
India, communal organization in, [14]
use of oaths, [25]
evidence of friends and kinsmen excluded, [38]
duel to avert battles, [104]
judicial duel not used, [108]
limitations on witnesses, [122]
champions allowed in ordeals, [179]
ordeals of pre-Aryan races, [258], [291], [344]
oaths as ordeals, [267]
ordeal of fire, [267]
complicated ordeal system, [268]
is a religious ceremony, [269], [280]
ordeal of boiling oil, [283]
of red-hot iron, [289]
of fire, [303]
relics tested by fire, [314]
ordeal of cold water, [319]
of balance, [334]
of endurance, [339]
of rice, [344]
of cosha, or idol-water, [344]
of chance, [352]
of poison, [375]
only for doubtful characters, [384]
either party can undergo the ordeal, [384]
minimum limit of ordeals, [391]
torture unknown, [431]
Infamy of champions, [187]
ordeal in cases of, [388]
Influence of torture on judges, [534]
Informers, responsibility of, in Rome, [440], [446]
under Wisigoths, [459]
Injustice of ordeal, explanation of, [401]
Innocent I. on use of torture, [477]
Innocent II. prescribes compurgation, [62], [71]
forbids clerics to fight, [156]
Innocent III. modifies compurgatorial oaths, [71]
orders purgation for heresy, [89]
on failure in duel, [137]
forbids clerics to fight, [156], [158]
his relation to the duel, [208]
suppresses the ordeal, [418]
Innocent IV. forbids clerical duels in France, [159]
orders torture to discover heresy, [484]
Innocent VIII. on torture of clerics in England, [566]
Inquest of Fame, [71]
Inquests, torture not used in, [499], [512]
Inquisition, its use of compurgation, [89]
its use of torture, [483]
extortion of confession, [485]
its influence on use of torture, [486], [512]
restricted by Council of Vienne, [511]
torture to discover accomplices, [516]
Inquisition of State in Venice, [507]
Inquisitorial Process, the, [512]
becomes general, [499]
not used in Poland, [509]
retained in Germany, [581]
Inquisitors dispensed for use of torture, [484]
Insane, the, exempt from torture, [528]
Inscription of accuser in Rome, [440], [446]
under Wisigoths, [459]
Intervention of God expected in the duel, [135]
Inundation of 1219 caused by ordeals, [422]
Inverness exempted from duel, [201]
Involuntary perjury, penance for, [31]
Ipswich, selection of conjurators in, [49]
Ireland, solidarity of the family in, [15]
levying of fines, [18]
tribal responsibility, [42]
judicial duel among the Feini, [109]
duel in 1583, [243]
inspiration of judges, [272]
hot-water ordeal in, [273]
hot-iron ordeal for women, [292]
ordeal of the lot, [354]
of the oath, [374]
use of the Clog Oir, [397]
Irregular ordeals, [377]
Irregularity of clerics, [484]
Iron bands used as an ordeal, [377]
Iron ordeal (see Red-hot iron).
Isaac, assassin of Charles the Good, [474]
Isidor of Seville on perjury, [31]
Islam, reduplicated oaths, [29]
accusations of adultery, [46]
oaths as ordeals in, [263]
Italy (see also Lombard Law, Sicilian Constitutions).
conjurators to confirm witnesses, [56]
challenging of witnesses, [120]
Otho II. enlarges the sphere of the duel, [131]
cases admitting the duel, [141]
the Church subjected to the duel, [155], [160]
jurisdiction of the Church over duel, [163]
oaths preliminary to the duel, [166]
penalty for defeat in duel, [169]
duels fought to the end, [178]
champions always employed, [182]
as a profession, [189]
restrictions on use of, [189]
equalization of, [194]
abrogation of duel, [235]
bier-right, [365]
ordeals prohibited in Naples, [422]
in [15]th century, [425]
reappearance of torture, [481], [484]
its development, [506]
its abolition, [586]
Itzehoe, case of bier-right in, [365]
Ivan III., torture introduced by, [509]
Ivo of Chartres, distrust of compurgation, [61]
refuses to grant the duel, [162]
his opinion of the ordeal, [401], [412]
claims exemption of ordeal for priests, [414]
on extorted confessions, [478]
Jacintus, his hot-water ordeal, [279]
Jacob’s Review of the Statutes, [86]
James I. grants the duel, [240]
approves of ordeal for witches, [330]
his belief in bier-right, [361]
torture under, [567], [568]
his torture of Dr. Fian, [573]
Jamnuggur, ordeal in 1867, [284]
Janssen, Hendrik, torture of, [578]
Jardine on torture in England, [566]
Jarnac, his duel with La Chastaigneraye, [106]
Japan, judicial duel in, [108]
ordeals in, [253]
use of torture, [432]
Jayme I. (Aragon) restricts torture, [462]
prohibits the duel, [214]
Jeanne de Bourgogne, offers the combat, [226]
Jeffniteed, [97]
Jehan de Warlus, case of, [501]
Jerusalem, Assisses de, [75]
on use of counsel, [70]
reject negative proofs, [74]
no compurgation, [75]
women cannot be witnesses, [122]
limitations on duel, [143]
limit of value for duel, [148]
discrimination of race in, [151]
champions supplied to the poor, [152]
no duel in mercantile law, [165]
lex talionis enforced, [170]
penalty of defeat for women, [173]
champions as witnesses, [183]
punishment of defeated champion, [184]
red-hot iron ordeal plebeian, [292]
use of iron ordeal, [298]
ordeal for all suspects, [388]
reappearance of torture, [480]
Jew, duel with, ordered by the Virgin, [209]
ordeal to convert, [296]
Jews (see also Hebrews).
their liability to the duel, [149], [151]
asking pardon of a corpse, [360]
convicted by bier-right, [362]
ordeal of brambles for, [382]
torture of, by King John, [477]
in Bourges, [492]
mode of executing them, [503]
John XII. challenged by Bishop Liutprand, [129]
John, King (England), favors the duel, [241]
tortures Jews, [477]
John, King (France), abrogates compurgation, [78]
John, Bishop of Avranches, recognizes the ordeal, [412]
John, Bishop of Didymoteichos, [402]
John of Coldinghame, [191]
John of Freiburg on duel in episcopal courts, [165]
John of Freiburg—denounces ordeals, [420]
Jonah, use of lot, [262]
Jonathan, case of, [262]
Joseph II. abolishes torture, [581]
Jovem lapidem jurare, [270]
Judaism (see Hebrews).
Judges decide as to compurgators, [53]
challenging of, [123]
royal, not liable to appeal, [126]
discretion in granting duel, [140], [146]
inspiration of, in Islam, [263]
inspiration of, among Feini, [272]
responsibility for torture under Wisigoths, [458], [460]
in Castile, [465], [467]
in Italy, [507]
in France, [515]
in Germany, [523]
responsibility elusory, [533]
using torture liable for homicide in England, [565]
cannot be witnesses, [509]
everything left to their discretion, [533], [538], [541], [549]
abuse of their discretion, [545]
influence of torture on, [534]
their abuse of torture, [539]
their neglect of favoring evidence, [544]
Judgment of God expected, [250]
faith reposed in, [102]
appealed to by Hebrews, [261]
Judgment reversed, penalty of, [124], [126]
of blood forbidden to clerics, [471]
Judicial duel, [101]
Judicium means ordeal, [298]
Judicium crucis, [336]
Judicium ferri, [287]
Judicium offæ, [339]
Juise, [287], [298]
Julius (Pseudo) forbids evidence of accomplices, [515]
Julius II., his bull against duels, [236]
Jura de juicio, [22]
Juramentum supermortuum, [55]
Juratores (see Conjurators).
Jurisdiction over duel, profits of, [218]
over ordeals, its advantages, [415]
Jury and ordeal combined, [388]
Jury-trial, rise of, [48]
as substitute for duel, [144]
for pleaders unable to fight, [192]
in Denmark, [562]
influence of, on the duel, [241]
in England, [564]
Jus cruentationis, [359]
Jus feretri, [359]
Jus Provinciale Alamannicum (see Schwabenspiegel).
Jus Provinciale Saxonicum (see Sachsenspiegel).
Jusjurandum in jure, [21], [22]
Jusiers, church of, its exemption, [158]
Justice, tardy recognition of, [13]
Justinian orders torture for adultery, [439]
enforces the talio, [440]
orders torture of witnesses, [441]
Kai Kaoos orders fire ordeal, [266]
Kalabarese ordeals, [254]
Katrington, his duel, [179]
Kayser-Recht, duel limited in, [205]
denounces the duel, [212]
no allusion to torture, [480]
Keller, Fried., opposes torture, [576]
Keure de Bruges, [203]
Keyser Retenn, [563]
Khandogya Upanishad, its explanation of the ordeal, [267]
Khonds, ordeals among the, [258]
Kilty on duel in Maryland, [247]
Kincaid, a witch-pricker, [571]
King vs. Williams, case of, [86]
Kinship a bar to duel, [141]
Kinsmen, responsibility of, [14], [18], [19]
their evidence, [38]
not admitted in Castile, [465]
as compurgators, [38], [40], [45], [48], [50]
as champions, [180]
witness not tortured against, [542]
Knighthood, oath of, [186]
Knipschild on torture of nobles, [526]
Knox, John, on Bothwell’s challenge, [240]
Koran, accusation of adultery in, [46]
Kraku Hreidar, [111]
Kshatriya caste, oaths required of, [25]
La Chastaigneraye, his duel with Jarnac, [106]
Lactantius, his account of persecution, [437]
Ladislas, St., prevents collusion in ordeal, [405]
regulates fees for ordeals, [416]
Lafon, Mary, on affaire Calas, [585]
Lag feste men, [41]
Lambert of Redenberg, case of, [401]
Lambert of Tuscany, his duel, [128]
Lamoignon on counsel for accused, [517]
Lance of St. Andrew, case of, [308]
Lancelotti prescribes compurgation, [93]
Land, communal holding of, [14]
acquired by duel, [111], [211]
Land-titles decided by ordeal of cross, [339]
Lang, J. P., on cold-water ordeal for witches, [330]
Languedoc, use of torture in, [495]
Laon, theft of sacred vessels of, [136], [324], [474]
Lascaris, Theod., invents a torture, [554]
La Seauve, Abbey of, its revenue from ordeals, [415]
Lateran, council of, 1216, on heresy, [89]
forbids clerics to fight, [156]
forbids the duel, [208]
forbids priestly ministration in ordeals, [419]
on purgation of heresy, [484]
Latins, ordeals disused among, [270]
Lausanne, chapter of, adjudges the duel, [162]
Law means compurgation, [57]
personal, not territorial, [131]
Lawyers, advantage of employing, [70]
exempt from torture in Castile, [467]
Laymen as compurgators for clerics, [44]
sin of shaving by, [403]
Lebanon, Ills., bier-right in, [368]
Ledesma, case of bier-right in, [366]
Legislation, secular, against ordeals, [421]
Legislative functions of duel, [129], [133]
Legitimacy proved by ordeal, [273], [381]
Le Gris and Carrouges, duel of, [229]
Lemarinier, Jehan, case of, [517]
Lemgow, cold-water ordeal in, [327]
Lent, ordeal administered in, [410]
Leo III. (Pope) clears himself by compurgation, [35]
cold-water ordeal ascribed to, [321]
Leo IV. forbids ordeal of lot, [353]
Leo X., his prohibition of duels, [236]
Leopold, Gr. Duke, abolishes torture, [586]
Leper cured by St. Martin’s relics, [380]
battle not allowed to, [141]
Les cous lou roi, [163]
Lescar, Bishop of, uses the ordeal, [295]
Lèse majesté, first recognition of, in France, [495]
its appearance in England, [564]
Lessingon, patronage of church of, [119]
Leudastes, case of, [454]
Lex apparens and simplex, [148]
Lex Gundebalda, [112]
Lex Monachorum, [412]
Lex talionis (see Talio).
Lhotka, assembly of, [355]
Libo, prosecution of, [443]
Lie as preliminary to duel, [229]
Liége, Bishop of, demands the duel, [160]
use of torture in, [505]
Liguaire, St., quarrel over his relics, [354]
Life not to be jeoparded in torture, [465], [467]
Lilburn and Claxton, case of, [244]
Lille, responsibility of kindred, [19]
formula of compurgation in, [78]
torture not used in, [498]
Lillebonne, council of, 1080, on clerical duellists, [156]
on fees for ordeals, [416]
Lima, fees for torturing in, [511]
Limitations on the duel, [140]
on use of champions, [189]
on torture in Rome, [445]
in Castile, [465]
none in Châtelet of Paris, [500]
in Italy, [506]
disregarded, [526]
Limbs not to be crippled in torture, [465], [467]
Lindisfarne, unchaste priest of, [346]
Lioba, St., undergoes ordeal of cross, [337]
Lists, biers placed in, [172]
Litus, his right to duel, [148]
Liutgarda forced to duel, [123]
Liutprand (King), on perjury of compurgators, [63]
restricts judicial duel, [114]
Liutprand, Bishop, his challenges, [129]
Liutprand convicts Grossolano by ordeal, [306]
Livonians asked to be relieved from ordeals, [423]
Livre de Jostice et de Plet requires compurgation, [76]
no reference to torture, [488]
Ljot the Pale, [111]
Loaf of bread, ordeal of, [357]
Lombard law—
rules for compurgation, [47], [50], [53]
withdrawal of confession, [52]
oath of compurgators, [58]
ceremony of compurgation, [60]
witnesses outweigh conjurators, [62]
perjury of compurgators, [63]
Otho II. limits compurgation, [67]
judicial duel, [113]
Otho II. extends use of duel, [118], [131]
duel allowed to the guilty, [131]
minimum limit for duel, [147]
right of slaves to duel, [148]
liability of clerics to duel, [155]
penalty for defeat in duel, [168]
kinsmen as champions, [180]
champions always employed, [181]
freedmen or clients, [186]
restrictions on use of champions, [189]
use of hot-water ordeal, [283]
cold-water ordeal prohibited, [322]
for slaves, [322]
duel for cases of sorcery, [326]
ordeal of cross prohibited, [338]
London, exemption from duel granted, [201]
Loquetier, Nicholas, case of, [493]
Lord and vassal, no duel between, [146]
Lorraine, Dukes of, their rights over duel, [238]
Lorris, oaths in laws of, [23]
fines for withdrawing from duel, [144]
Lot, ordeal of the, [352]
among Hebrews, [261]
in Greece, [270]
Lothair, King, his divorce from Teutberga, [281]
dies of ordeal of Eucharist, [349]
Lothair I. (Emp.), formula of compurgation, [53]
prohibits cold-water ordeal, [322]
prohibits ordeal of cross, [338]
Lothair II., his use of torture, [475]
Loudon, charter of, [391]
Louis le Débonnaire tries Pascal I., [37]
on selection of conjurators, [51]
compurgation in lack of evidence, [53]
on penalty for defeat, [167]
condemns cold-water ordeal, [321]
prohibits ordeal of cross, [338]
orders freemen present at mallum, [472]
Louis II. (Emp.), compurgation in lack of evidence, [53]
decides cases in favor of Siena, [56]
Louis IV. (Emp.), his charter to Dortmund, [205]
punishes Ueberlingen, [363]
Louis d’Outremer offers duel to Hugh Capet, [130]
Louis VI. (France) grants charter of Loudun, [391]
Louis VII., his charter to Lorris, [23]
exempts the church of Jusiers, [158]
Louis VIII., his charter to Crespy, [203]
Louis IX. on use of oaths, [23]
makes clients responsible for advocates, [70]
his Établissements, [76]
restricts challenging of judges, [125]
prohibits duel between brothers, [141]
enforces the lex talionis, [170]
his struggle with feudalism, [216]
his restriction of the duel, [217]
punishes Enguerrand de Coucy, [221]
torture not in his laws, [488]
gives facilities for defence, [512]
Louis X. endeavors to repress the duel, [227]
orders cold-water ordeal for sorcery, [326]
maintains use of torture, [494]
Louis XIV. revises the torture process, [517]
Louis XVI. abolishes torture in France, [585]
Louis of Saxony, his use of the ordeal, [400]
Lourdes exempted from duel, [202]
Low vs. Paramore, case of, [139], [243]
Lowe’s case, torture in, [571]
Lubeck, introduction of torture in, [483]
Lucerne, case of bier-right, [363]
Lucius III. annuls judgment by ordeal, [418]
Lucretius quoted for bier-right, [360]
Ludlow, ordeal of Bible and key, [357]
Luitzes, their duel with Saxons, [131]
Lust, unnatural, torture for, in Rome, [439]
Lycanthropy, prolonged torture for, [529]
Lyons, council of, 1080, on simony, [62]
Archbishop of, uses ordeal for heretics, [411]
Macarius, St., his appeal to God, [251]
Maci, Jehannin, case of, [501]
Madagascar, ordeals in, [256]
Madrid, compurgation in fuero of, [75]
Magdeburg, thieves convicted by the duel, [135]
Magi use fire-test on swaddling cloth of Christ, [315]
Magic arts in duel, [139]
in ordeal, [407], [410]
torture in trials for, [469], [554]
Magicians lose their specific gravity, [325], [334]
tortured in Rome, [439]
their evidence not received, [523]
Magna Charta, no allusion to torture in, [564]
Mahabharata, the, [14]
Mahomet on accusations of adultery, [46]
on interposition of God, [262]
Mahuot and Plouvier, duel of, [232]
Maiming, permanent, prerequisite for duel, [142]
Mainz, council of, 847, ordeal for slaves, [394]
council of, 848, prescribes iron ordeal, [291]
councils of, 888 and 1028, prescribe the ordeal, [410]
Templars offer the ordeal, [299]
Majestas, torture in, [435], [438], [443]
its extension, [436]
Majjars, ordeals introduced among, [277]
Majorca, duel prohibited, [214]
ordeal prohibited, [424]
Mallum, regulations for holding it, [471]
Manasses of Reims deposed for simony, [62]
Manava Dharma Sastra, village communities in, [14]
oaths prescribed in, [25]
on perjury, [267]
ordeals described in, [268]
Mandeure, ordeal of staff in, [396]
Manichæan defeated by fire ordeal, [304]
Manorial courts, compurgation in, [57]
Mansuetus, St., power of his intercession, [378]
Mantra in Hindu ordeals, [289]
for cold-water ordeal, [319]
for ordeal of balance, [335]
for poison ordeal, [375]
Manuscripts tested by fire, [313]
Marches, Scottish, duel universal, [145]
liability of clerics to duel, [158]
death does not release from duel, [174]
Marcus Aurelius, his exemptions from torture, [438]
Maresca, Marc Antonio, case of, [520]
Maria Theresa, torture in her laws, [580]
Marguerite de la Pinele, case of, [503]
Marmoutiers, Abbey of, case of, [404]
Marne, jurisdiction of duel at, [163]
Marriage, compurgation to prove nullity, [93]
tested by ordeal, [336], [410]
Marshal’s court, the, regulates duels, [241]
Marschalck, his duel, [172]
Marsigli, Hipp. de’, his case of bier-right, [365]
his torture of sleeplessness, [535]
on abuse of torture, [539]
Martial, St., of Limoges, perjury on his altar, [373]
Martin of Austrasia, [29]
Martin, St., vindicates his relics, [380]
his cope used in compurgation, [60]
Martin II. forbids duel of Charles of Anjou, [106]
Mary, wife of Otho III., story of, [293]
Mary, Queen, torture under, [568]
Maryland, compurgation in, [88]
appeal of death in, [247]
Mass as part of the ordeal, [413]
mortuary, in ritual of ordeal, [394]
Massachusetts, appeal of death in, [246]
use of torture in, [569]
peine forte et dure, [575]
Masserano, Marquis of, [531]
Master’s oath clears a slave, [22], [390]
Master and serf, no duel between, [146]
his consent necessary to his serf’s duel, [149]
slaves not tortured against, in Rome, [442]
except in treason, [443]
other exceptions, [444]
under Ostrogoths, [457]
under Wisigoths, [459]
in Spain, [464]
repaid for damage to tortured slave in Rome, [445]
among Barbarians, [452]
under Wisigoths, [458]
in Castile, [468]
Maternal kindred as compurgators, [45]
Mathieu le Voyer sues Louis IX., [219]
Matthias Corvinus restricts the duel, [237]
Maubourguet exempted from duel, [203]
Maumarel, Guillaume, [157]
Maur, St., perjury on his relics, [273]
Maximilian I. restricts compurgation, [81]
Maximus on crimes involving torture of slave against master, [444]
Mazdeism, ordeals in, [265], [295]
torture not prescribed in, [431]
Mecklenburg, ordeal introduced into, [277]
Medina del Pomar exempted from duel, [202]
ordeals prohibited, [424]
Melanesians, judicial duel among, [108]
Men, hot-iron or water ordeal for, [292]
Menelaus and Paris, their duel, [108]
Mennonites, use of the lot by, [355]
Mental torture efficacious, [543]
Mercantile law, duel not recognized in, [165]
adverse to use of torture, [483]
torture used in, [530]
Merchants, multiple oaths by, [28]
exempted from the duel, [204]
Merida, council of, 666, on torture by priests, [554]
Merovingian laws, accusatorial conjurators, [94]
ordeal for slaves, [453]
of the lot prescribed, [353]
in absence of evidence, [386]
precautions against collusion in ordeals, [405]
Merovingians, torture used by, [454]
Merseburg, thieves convicted by the duel, [135]
Messalina, her torture of patricians, [439]
Metz, Bishop of, has jurisdiction over duel, [164]
Mexico, ordeal of oath in, [259]
Michael Palæologus condemned to ordeal, [299]
Milan, disappearance of duel in, [236]
fire ordeal in, [306]
restrictions on torture in, [506]
Miles the Stammerer, his duel, [138]
Milhaud, torture used in, [499]
Minimum limit of value for duel, [147]
for ordeals, [391]
for ordeal in India, [290]
Mir, the Russian, [15]
Miracle, endurance of torture is a, [504]
Miraculous hot-water ordeals, [285]
red-hot iron ordeals, [301]
Miralles, Archbishop, tests relics by fire, [317]
Mirandola, limitations on torture in, [507]
Miroir de Souabe, ordeals in, [424]
Modena, iron ordeal in, [299]
Bishop of, claims jurisdiction of duel, [163]
Modestinus, his estimate of torture, [446]
Modestus tortured by Fredegonda, [455]
Moine de Caen, [516]
Monasteries, their interest in ordeals, [415]
torture in, [560]
Monks as compurgators for monks, [93]
appear personally in duels, [156]
torture of, [560], [568]
Montaigne argues against torture, [576]
Montano of Toledo, his ordeal, [305]
Montargis, story of dog of, [228]
Monte Cassino, test of relics by fire, [316]
Montenegro, ordeal for witches, [333]
Montesquieu denounces torture, [583]
Montigny-le-Roi, ordeal for witches at, [331]
Montfort, Simon de, restricts the duel, [208]
Montpellier, limitation on duel, [146]
on ordeal, [387]
Montricher, Sire de, case of, [150]
Monza, duel of abbey at, [158]
Mt. Gerizim, its claims tested by fire, [314]
Moore, Samuel, case of, [510]
Morann, his miraculous chain, [272]
Moravia, the duel in, [205]
Mortuary mass in ritual of ordeal, [394]
Motive extenuates perjury, [31], [268]
Mowbray, Francis, condemned to the duel, [240]
Mozarabic rite defended by duel, [132]
tested by fire, [313]
Mstislas Davidovich exempts merchants from the duel, [204]
Muh-Wang, his instructions to his judges, [252]
Multiple oaths, [28]
Municipal champions, [196]
Muratori on ordeal for witches, [332]
Murder (see Homicide).
Mutilation of defeated champions, [184]
under torture unusual, [532]
Myagh, Thos., his torture, [569]
Myrc, John, instructions to priests, [242]
Name written on paper and used in ordeal, [398]
Namur, council of, sustains the duel, [238]
Naples (see Sicilian Constitutions).
fire ordeal in 1811, [317]
ordeals prohibited in, [422]
punishment for suspicion in, [520]
torture after conviction, [546]
modern torture in, [587]
Natives can decline duel with strangers, [141]
Navarre and Castile, proposed duel between, [129]
late introduction of torture, [469]
Neffn i kyn, [41]
Nefninge, [562]
Negative proofs in Barbarian laws, [73]
rejected, [74]
unknown to Roman law, [272]
Nehring, J. C., oil ordeal for witches, [331]
Nempdarii, [563]
Nero, his torture of Christians, [436]
Netherlands, compurgation in, [81]
ordeal of balance in, [335]
bier-right in, [365]
torture system in, [521]
torture abolished in, [578]
Neuwald on ordeal for witches, [327]
New Granada, abuse of torture in, [540]
modern use of torture, [582]
New Hampshire, judicial duel in, [247]
New Jersey, bier-right in, [367]
New York, bier-right in, [396]
Niam-Niam, ordeals among the, [256]
Nicene creed, confirmation of, [379]
Nicetius, St., power of his intercession, [378]
Nicholas I. discourages the duel, [156], [207]
forbids use of torture, [478]
Nicholas, St., saves a convict from hanging, [381]
Nicolas, Augustin, on torture system, [552], [577]
Nieuport, laws of, on compurgation, [54], [66]
no allusion to duel, [202]
iron ordeal plebeian, [292]
Nihilism, torture used to suppress it, [587]
Nimrod exposes Abraham to fire ordeal, [303]
Nithstong, [174]
Nivard, Guillaume, case of, [493]
Noailles, monks of, their duel, [196]
Nobles can only be challenged by nobles, [150]
allowed to employ champions, [193]
subjected to cold-water ordeal, [323]
their exemption from torture under Wisigoths, [460]
in Spain, [463], [466]
torture of, in Champagne, [496]
their liability to torture, [499], [500]
exemption limited in Germany, [525]
claim exemption in England, [570]
and villeins, duels between, [149]
Nod-men, [45], [60]
Norgaud of Autun, his trial for simony, [59], [66]
Normandy, formula of compurgation, [58]
survival of compurgation, [79]
duels in real estate cases, [146]
limit of value for duel, [148]
penalty for defeat in duel, [167], [169]
lex talionis introduced, [170]
champions as witnesses, [183]
punishment of defeated champions, [184]
hiring of champions forbidden, [190]
duel legal till 1583, [231]
ordeal for all suspects, [388]
ordeals become obsolete, [423]
torture not used in, [487]
torture introduced, [495]
Normans not liable to duel with Saxons, [115], [394]
Norsemen, their use of oaths, [26], [27]
form of oath used by, [25]
compurgation used by, [35]
duel supersedes compurgation, [61]
accusatorial compurgators, [97]
use of judicial duel, [111]
ordeal used by, [274]
hot-water ordeal, [283]
use of torture, [561]
Northampton, Assizes of, on the ordeal, [322], [400]
Norway, selection of compurgators, [50]
oaths of compurgators, [59]
accusatorial conjurators, [97]
duel abolished, [199]
ordeals prohibited, [422]
Nôtre Dame de Paris, its liability to duel, [159]
chapter of, adjudges the duel, [163]
Nouveaux indices survenus, [518]
Novara, Bishop of, claims jurisdiction of duel, [163]
Nucius, Nicander, on torture in England, [568]
Nullity of marriage, compurgation in, [93]
Number of compurgators, [39]
for clerics, [36]
Nuns, torture of, [560]
Nürnberg exempted from the duel, [204]
Oaths, [21]
in Roman law, [21]
their purgatorial power, [22]
guarantees required for, [25]
reduplicated, [28]
relics necessary for, [29]
simplicity of, in Spain, [32]
of clerics, [36], [414]
of denial, in Wales, [55]
of conjurators, [58]
value of conjuratorial, [62]
of conjurators modified, [71]
disculpatory, in Suabia, [98]
preliminary, in duels, [139], [166]
not required in China, [252]
as ordeals, [32], [371]
among the Khonds, [258]
among Aztecs, [259]
among Ostiaks, [259]
among Samoiedes, [259]
in Islam, [263]
in Greece, [269]
in Rome, [270]
Oath and ordeal alternative, [391]
of master clears a slave, [390]
convicts not admitted to, [392]
of discharged prisoner, [550]
O’Connors, duel of the, [243]
Odin, his torture by Geirröd, [454]
Odum wood, ordeal of, [255]
Oelsner, his explanation of bier-right, [369]
Officials exempt from torture in Spain, [463]
of cities, their exemption, [495]
Oil, boiling, ordeal of, [283]
in Ethiopia, [256]
among the Khonds, [258]
Olaf, St., his ordeal, [296]
his relics tested with fire, [316]
saves a convict from hanging, [381]
his use of the ordeal, [404]
Olaf Trygvesson, his duel with Alfin, [115]
Olaus Magnus on water torture, [510]
Oldenkop on cold-water ordeal in witchcraft, [328]
Olim, the, compurgation in, [76]
cases of duel in, [224]
cases of torture in, [491]
Oodeypur, ordeal in 1873, [290]
Opstallesboom, laws of, no torture in, [563]
Oracles as ordeals, [260]
Ordeal, the, [249]
for roturiers, [58]
combined with compurgation, [61], [389]
administered by priests, [276]
varieties of, [277]
of boiling water, [278]
of red-hot iron, [287]
of fire, [303]
of cold water, [318]
of the balance, [334]
of the cross, [336]
of bread and cheese, [339]
of the Eucharist, [344]
of the lot, [352]
of Bible and key, [357]
of sieve-driving, [358]
bier-right, [359]
oaths as ordeals, [371]
poison ordeals, [375]
irregular ordeals, [377]
of Holy Ghost, [381]
for witches, [382]
of the staff, [397]
as preparatory to torture, [329]
conditions of its use, [383]
for accusers, [385], [389]
in default of evidence, [385], [386]
at demand of accuser, [386]
of accused, [387]
of both parties, [387]
for ill-repute, [388], [392]
in failure of compurgation, [390]
and oath alternative, [391]
as a punishment, [391]
and compurgation alternative, [392]
ritual of, [394]
as a torture, [394]
replaced by torture, [395], [429]
champions in, [295], [337], [390], [398], [400]
confidence reposed in it, [399]
explanations of its injustice, [401]
efforts to preserve its purity, [405]
usually results in acquittal, [406]
its relation to the Church, [408]
fees and profits derived from it, [415]
abuses of, [417]
prohibited by the papacy, [418]
suppression by secular law, [421]
used to supplement torture, [481]
Ordeal-iron, [288]
Ordeal nut, [254]
Ordenamiento de Alcalá, [216]
Ordines for ordeals, [276], [413]
Ordonnance of 1254, [487], [490] of 1670, [517]
Orissa, ordeals in, [258]
Orleans, limit of value for duel, [147]
punishment for suspicion in, [521]
Bishop of, grants the duel, [162]
claims jurisdiction of duel, [163]
Orphans not liable to duel, [141]
Ostiaks, oath-ordeal among, [259]
Ostrogoths, compurgation not used, [34]
judicial duel not used, [116]
their use of torture, [456]
Oswyn, his relics tested by fire, [316]
Othlonus, case related by, [403]
Otho I. favors the duel, [128]
punishes refusal of duel, [131]
Otho II. limits compurgation, [67]
extends use of duel, [109], [118], [131]
minimum limit for duel, [147]
subjects the Church to duel, [155]
restricts use of champions, [189]
Otho of Bavaria sentenced to duel, [132]
Otto Premizlas, compounding for the ordeal, [384]
fees for ordeals, [416]
Oudewater, scales for weighing witches, [335]
Outlaws, torture of, in Iceland, [562]
Outlawry for refusal of ordeal, [383]
after success in ordeal, [400]
Outsworn, [61]
ordeal in such cases, [390]
Overcythed, [61]
Owner of slaves (see Master).
Pabulum probationis, [339]
Pachymere, George, describes the ordeal, [299]
Pain, insensibility of witches to, [556]
methods of acquiring insensibility, [408], [557]
Palencia, council of, 1322, prohibits ordeals, [424]
Palermo, abuse of torture, [587]
Pallor may justify torture, [537]
Panis conjuratio, [339]
Papacy, its opposition to the duel, [207]
it opposes the ordeal, [409], [414]
its final assault on the ordeal, [417]
Paper with names of accused submitted to ordeal, [398]
Pardon, promise of, in witch-trials, [558]
Parikyah, [269]
Paris, church of, its liability to duel, [157], [159]
council of, 1212, restricts the duel, [209]
Parker and Vaughan, duel of, [242]
Parlement of Paris rarely prescribes compurgation, [76], [77]
extension of its jurisdiction, [220]
discourages the duel, [224]
on lie as preliminary to duel, [229]
its right to grant the duel, [230]
forbids ordeal for witchcraft, [330]
cases of torture before, [491]
Parliament, English, rejects the Roman law, [566]
declines to abrogate the duel, [244]
debate on appeal of death, [245]
Parricide, red-hot iron ordeal for, [291]
punished with iron bands, [377]
Parsis, ordeal among the, [265], [295]
Partidas las Siete, jura de juicio in, [22]
privilege of bishops’ oaths, [36]
negative proofs rejected, [74], [424]
use of champions, [195]
restrictions on duel, [214]
regulation of torture, [462]
Partial confession, [46]
Pascal I. clears himself by compurgation, [36]
Paterculus, account of duels ascribed to, [112]
Paterfamilias, authority of, [444]
Paternal kindred as compurgators, [45]
Paternity, proved by compurgation, [55]
by water ordeal, [285]
by iron ordeal, [294]
by recognition, [381]
torture to discover, [561]
Patræ, Hellenic, [15]
Patriarchate of Constantinople, test of, [313]
Patricians exempt from torture in Rome, [438]
tortured by Messalina, [439]
Patrick, St., restricts judicial duel, [109]
perjury on his relics, [374]
Patron, freedman not tortured against, [442]
Paul, St., his Roman citizenship, [440]
Paulus Jovius on Russian torture, [509]
Peacham’s case, torture in, [568]
Peasants, their right to the duel, [148]
champions not allowed, [193]
accused, can choose ordeal, [387]
Pedro the Cruel, compurgation in his Fuero, [80]
Pedro III. of Aragon challenged by Charles of Anjou, [105]
Pedro IV. (Aragon) grants duel to Thomas Felton, [229]
Peers of accused as conjurators, [43]
Pehlvi, the ordeal in, [266]
Peine forte et dure, [574]
Pelagius I., his purgatorial oath, [28]
Penance for perjured oaths, [30]
for priest engaging in duel, [156]
for the sortes sanctorum, [354]
Penitentials, the, on oaths, [29]
Penniwinkis, torture of, [573]
Pennsylvania, bier-right in, [367]
Pepin le Bref orders ordeal of cross, [336]
Peregrina judicia, [418]
Périgord, secrecy of trials forbidden, [496]
Perjurers sent to ordeal, [392]
Perjury, degrees of, [29]
penance for, [30]
retribution for, [31]
punishment of, [168]
by demoniacal possession, [372]
conjurators liable for, [63]
temptation to, in compurgation, [85]
duel used for its suppression, [120]
defeat in duel is equivalent to, [167]
divine punishment of, in India, [267]
allowed with sufficient motive, [268]
ordeal of cross for, [337]
Persians, ancient, ordeals among, [265]
Peru, fees for torturing in, [511]
Pescara, abbey of, duel adjudged to, [157]
Peter, St., his assistance in duel purchased, [138]
oaths on his relics, [372]
power of his intercession, [378]
Peter, Bishop, case of, [65], [390]
Peter Cantor denounces the duel, [162], [207]
argues against ordeals, [310], [401], [418]
on refusal of ordeal, [411]
on fees for ordeals, [416]
Peter Bartholomew, his fire ordeal, [308]
Petrobatalla of Soavo, [196]
Petrus Igneus, his fire ordeal, [305]
Phelipot de Monine, case of, [501]
Philadelphia, belief in bier-right, [368]
Philippe II. (France) enforces the lex talionis, [170]
regulates weapons in duel, [176]
his charter to Tournay, [54], [202], [386]
restricts use of ordeals, [421]
Philippe le Hardi allows duels, [222]
Philippe le Bel prescribes compurgation, [77]
represses the duel, [222]
his Ordonnance of 1306, [167], [223]
remonstrates against torture, [486]
Philippe le Long exempts Jews from duel, [149]
duel becoming obsolete, [228]
prohibits secrecy of trials, [496]
Philippe de Valois restricts abusive appeals, [228]
Philip II. (Spain), his torture of Don Carlos, [468]
regulates torture in Flanders, [521]
Philip of Alsace, his charters, [202]
Philippe le Bon abolishes the duel, [231]
Philippines, ordeals in the, [257]
Philotas, his torture, [433], [448]
Phocion threatened with torture, [433]
Phratriæ, Hellenic, [15]
Piacenza, disappearance of duel in, [236]
Picardy, use of duel in, [227]
Piedmont, bier-right in, [365]
perjury followed by death, [372]
Pietro, Bishop of Florence, convicted by ordeal, [305]
Pilgrim, torture of, in Bavaria, [473]
Pisa, duel limited in, [200]
Piso, conspiracy of, [437]
Pitto, his duel with Adalulf, [113]
Pius IV., his trial of Cardinal Caraffa, [541]
Pius V. orders torture to discover accomplices, [516]
Plaintiff (see also Accuser).
value of his oath, [98]
obliged to accept the duel, [140], [141]
punishment of defeated, [167]
can demand ordeal, [386]
Plantagenets endeavor to use torture, [565]
Plead, torture for refusal to, [541]
punishment for, [574]
Plebeian ordeals, [292]
Ploughshares, red-hot, ordeal of, [287], [289]
Plouvier and Mahuot, duel of, [232]
Poison ordeals in Africa, [254]
in Madagascar, [256]
among the Khonds, [258]
Bitter Water among Hebrews, [262]
in Greece, [270], [375]
in India, [375]
Poisoning, duel necessary in cases of, [144]
red-hot iron ordeal for, [291]
use of torture for, in Rome, [439]
Poitiers, council of, 1100, on simony, [66]
Poland, wer-gild in, [16]
prolonged use of compurgation, [83]
duel abolished, [239]
torture introduced, [509]
modern use of torture, [588]
Polus, Philippe, case of, [555]
Pons of Andaone, his improvised ordeal, [285]
Popes, their opposition to the duel, [207]
to the ordeal, [409], [414]
they prohibit the ordeal, [417]
Poppo, Bishop, converts the Danes by the ordeal, [295]
Præjuramentum, [95]
Prauda jeliezo, [274]
Prayer before duel efficacious, [138]
preliminary to ordeal, [280]
escape from ordeal by, [298]
in fire-test of relics, [315]
Pre-Aryan races of India, ordeals of, [258], [291], [344]
Precautions before duel, [138]
against magic arts in ordeal, [407]
Prelates as temporal seigneurs, [161]
assert jurisdiction over the duel, [162]
their interest in ordeals, [415]
liable to ordeal, [417]
Prerogative, royal, torture under, [567]
Presles, Raoul de, his torture, [494]
Pressing to death, [574]
Previous offences, torture to discover, [501]
in Germany, [546]
Pricking for witches, [571]
Priest, hand of, oath taken on, [30]
Priests (see also Clerics).
disculpatory oaths of, [28]
number of conjurators for, [36], [43]
their oaths, [36]
penance for engaging in duel, [156]
administration of ordeals by, [276], [409]
sinful, warning of Eucharist, [346]
the ordeal part of their functions, [413]
their control of the ordeal, [414]
their influence augmented by ordeals, [417]
forbidden to minister in ordeal, [419]
their exemption from torture in Rome, [438]
torture the slaves of their churches, [554]
Privileges of administering ordeals, [415]
Procès ordinaire and extraordinaire, [499]
Professional champions, [184]
Profits of jurisdiction over duel, [218]
derived from ordeals, [415]
Proof required of accuser, [74]
Property acquired by duel, [111]
Dante approves of, [211]
Prosecutor to be present at ordeal, [405]
Protestant clergy degraded before torture, [527]
Prussia, ordeals introduced by the Teutonic knights, [423]
torture restricted, [579]
still used, [582]
Prudentius, his description of tortures, [449]
Pselli, ordeal to prove legitimacy, [273]
Psillus seeds, [408]
Pseudo-Isidor on clerical immunity, [414]
Publicity of criminal procedure, [471], [496]
withdrawn in inquisitorial process, [513]
Publius Syrus, his estimate of torture, [447]
Punishment of conjurators, [64]
of defeated witnesses, [120]
for refusing duel, [131]
of default in duel, [144], [145], [173]
of defeat in duel, [167]
of defeated champions, [184]
of hired champions, [191]
ordeal as, [391]
torture as, [579]
without conviction, [519], [528]
for refusal to plead, [574]
corporal, none in Barbarian laws, [451]
Purgatio canonica, [37]
Purgatio vulgaris, [282]
Purgatorial power of oaths, [22]
Purrikeh, [269]
Pyrrhus, his indestructible toe, [314]
Quæstors, their functions as torturers, [444]
Quarrel over compurgation, [39]
Quercy, secrecy of trials forbidden, [496]
Question avec réserve des preuves, [518]
définitive or préalable, [515], [517], [547]
not allowed in Rome, [445]
used in Massachusetts, [569]
in Denmark, [562]
abolished in France, [585]
ordinaire and extraordinaire, [516]
préparatoire, [515], [517]
abolished in France, [585]
Quintilian, his estimate of torture, [447]
Quintus Curtius, his estimate of torture, [448]
Rachinborgs, [53]
Radenicht, [47]
Raguald, code of, torture not used in, [563]
Raith, [38]
Raithmen, [39]
their character, [45]
their oath, [60]
Rajmahal, hill-tribes of, [14]
ordeals in, [258]
red-hot iron ordeal, [291]
ordeal of salt, [344]
Ramayana, ordeal in, [267]
Ramgur, ordeal of endurance at, [339]
Ramon de Peñafort, his definition of duel, [117]
condemns the duel, [209]
denounces ordeals, [420]
Rank, distinction of, in duel, [141], [149]
prevents torture under Wisigoths, [460]
high, entitles to use of champions, [194]
Raoul de Caen on lance of St. Andrew, [309]
Raoulin du Pré, torture of, [500]
Rape, duels of women for, [153]
Ratification of confession under torture required, [463], [482]
in France, [514]
of evidence given under torture, [542]
Ratisbon, compurgation in, [80]
exempted from duel, [204]
Diet of, adopts Caroline Constitutions, [524]
Raymond d’Agiles on lance of St. Andrew, [309]
Raymond Bernard of Foix, his duel, [222]
Rebellion, torture retained for, in Prussia, [579]
Receiver and thief, duel between, [136], [171]
Recipe for unguent against fire, [408]
Records of court altered by the duel, [135]
Recreantise, [168]
Red-hot iron ordeal—
in Ethiopia, [256]
in Madagascar, [257]
among the Khonds, [258]
among the Arabs, [264]
in Greece, [270]
among Slavs, [274]
its use in Europe, [287]
in India, [289]
a patrician or plebeian ordeal, [291], [293]
cases of its use, [294]
universality of its employment, [298]
used for sorcery and witchcraft, [300], [409]
miraculous cases, [301]
used in cases of heresy, [411], [419]
Red water, ordeal of, [254]
Redemption of hand for compurgators, [64]
for champion, [168]
Reduplicated oaths, [28]
Refusal of duel, penalty for, [131]
of ordeal, burning for, [411]
to plead, torture for, [541]
Reginger accuses Henry IV., [133]
Regulations of the duel, [166]
Reims, the jusjurandum in jure in, [22]
champions denied to witnesses, [121]
restriction on champions, [194]
duel in archiepiscopal court, [162]
Archbishop of, convicts heretic by ordeal, [411]
Council of, 1119, on compurgation, [57]
sanctions ordeal, [412]
in 1157, uses ordeal for heretics, [411]
council of, 1408, on torture, [505]
Reinward of Minden, his murder, [363]
Relics, importance of, in oaths, [29]
necessary in Wales, [30]
not required at the gallows, [563]
oaths on, [372]
tested by hot-water ordeal, [283]
tested by fire, [314]
Remy of Dorchester cleared by the ordeal, [295]
Réné of Lorraine grants the duel, [233]
Reparation of insults to champions, [188]
Repentance secures escape in ordeal, [297], [310], [402]
Repeated accusations, [45]
Repetition of torture illegal in Castile, [466]
three times in Britanny, [504]
forbidden in France, [513], [517]
practised in France, [515]
authorized, [529]
unlimited, [500]
for retracted confession, [463], [548]
Report, common, justifies torture, [537]
Representation in succession, [129]
Repute, liability to ordeal depends upon, [384], [388], [392]
Reserving the evidence, [519]
Responsibility of accuser, [384], [385], [386], [440], [445], [446], [449], [458], [460]
of conjurators, [64]
of judge, [458], [460], [465], [467], [507], [515], [523], [533], [565]
of the kindred, [14], [18], [19]
Restoration, torture under, in Spain, [583]
Restrictions on the duel, [140]
on use of champions, [189]
on torture eluded, [529]
Results of ordeal in doubt, [405]
Retraction of confession in Sicilian Constitutions, [482]
under torture, [463]
questions concerning, [548]
torture for, [522]
absolves accused, [550]
of evidence, witnesses tortured for, [550]
Retribution for perjury, [31]
Revenues derived from ordeals, [415]
Reversal of judgment, penalty of, [124], [126]
Rhine, ordeal of the, [273]
Rhodians, use of torture by, [433]
Rice, swallowing, as an ordeal, [258]
Richard I. at the funeral of Henry II., [360]
torture of his page, [474]
Richard II. challenges Charles V., [106]
Richardis, Empress, undergoes the ordeal, [293]
Richstich Landrecht, on use of lawyers, [70]
appeal from judgment, [127]
duel necessary in homicide, [142]
infamy of champions, [188]
ordeal for convicts, [393]
ordeals in [14]th century, [424]
no allusion to torture, [480]
Rickius on hot-water ordeal, [283]
on cold-water ordeal in witchcraft, [329]
on ordeal of balance, [335]
Riculfus tortured by Fredegonda, [455]
Riga, its merchants exempted from the duel, [204]
Rights connected with the duel, [219]
Riom exempted from duel, [203]
Ripuarian Laws, duel in, [113], [118]
fire ordeal used, [305]
ordeal of the lot, [353]
ordeal in failure of compurgation, [390]
Risbach, council of, 799, prescribes iron ordeal, [291]
Rituals of ordeals, [276], [394], [413]
Robbers not to act as champions, [186]
Robbery, torture for, in Prussia, [579]
Robert the Pious, his notion of perjury, [31]
forbids ordeal of Eucharist, [349]
Robert III. (Scotland), torture not used under, [572]
Robert Curthose tests his sons by the ordeal, [294]
Robert the heretic convicted by ordeal, [411]
Rodolph I. limits the duel, [205]
his charter to Styria, [213]
intervenes against torture, [476]
Rodolph II. confirms privilege of Lorraine, [238]
Rodriguez de los Puertos, case of, [540]
Roger of Naples, his charter to Bari, [201]
Roman law, grades of proof in, [21]
importance of oaths in, [21]
its influence on compurgation, [72]
rejects negative proofs, [74]
its centralization, [78]
its influence on the duel, [211]
its influence on ordeals, [426]
its regulations of torture, [435]
its influence on the Goths, [456]
its influence in Germany, [524]
its influence in Scotland, [572]
rejected in England, [566]
Romans, traces of ordeals among, [270]
Rome, guarantees of oaths, [26]
oaths of priests in, [36]
council of, 384, condemns torture, [477]
Rosbach, Emerich von, his work on criminal law, [525]
Rotharis, his law on compurgation, [47]
forbids withdrawal of confession, [52]
prescribes the judicial duel, [113]
restricts the judicial duel, [114]
Rotruda, St., her relics tested with fire, [316]
Roumania, modern use of torture, [588]
Royal courts not liable to appeal, [126]
Ruaille, [168]
Rumor suffices to justify torture, [537]
Russia, the Mir, [15]
wer-gild, [15]
early use of duel, [110]
no limitation of weapons, [178]
duels with foreigners prohibited, [178]
use of champions, [195]
exemption of German traders, [204]
duel abolished, [238]
use of ordeals, [274]
water and iron ordeals, [292]
converted by ordeal of fire, [310]
household ordeal for theft, [334]
bier-right, [359]
ordeal in all cases, [386]
for accuser, [389]
torture introduced, [509]
abolished, [581]
used in political cases, [587]
Sachentages, [477]
Sachsenspiegel—
value or purgatorial oaths, [23]
compurgation, [81]
appeals from judgment, [126]
limitations on the duel, [141]
difference of rank, [151]
champions for the dead, [152]
guardians must provide champions, [153]
penalty for defeat in duel, [171]
penalty for default in duel, [173]
weapons provided for the poor, [175]
advantages equally divided, [177]
regulations of use of champions, [181]
disabilities of champions, [188]
duel condemned by Gregory XI., [210], [420]
use of hot-water ordeal, [283]
accused selects the ordeal, [292], [383]
land titles settled by ordeal, [324]
ordeal for convicts, [393]
no allusion to torture, [480]
Sachsische Weichbild—
formula of oath, [26]
purgatorial oath of father, [41]
compurgation, [81]
kinship an impediment to duel, [141]
wounds sufficing for duel, [142]
difference of rank, [151]
penalty for defeat in duel, [171]
penalty for default in duel, [173]
use of champions, [181]
infamy of champions, [187]
hiring of champions forbidden, [190]
duel only in criminal cases, [204]
the dead cleared by ordeal, [294]
ordeal for convicts, [393]
Sacramentales (see Conjurators).
Sacrifices as guarantee of oaths, [26]
Sacrificial ordeals, [258]
Saighi, [18]
St. Adrian of Zala, abbey of, [157]
St. Aignan, chapter of, challenges a knight, [159]
St. Albans, abbey of, its claims for the duel, [162]
St. Andrews, bishop of, exempted from duel, [159]
witch-pool of, [330]
St. Aubin, abbey of, its duel, [158]
St. Bascul, council of, [395]
St. Bonnet, customs of, [219]
St. Brieuc, Bishop of, orders the duel, [164]
St. Disier, torture not used in, [497]
St. Martin-des-Champs, use of torture, [499]
St. Omer, its traders exempted from the duel, [204]
Saint-Pé, abbey of, its fees for ordeals, [415]
St. Quentin, challenging of courts, [124]
council of, 1235, complains of St. Louis, [217]
St. Remy, abbey of, decrees the duel, [163]
St. Sergius, case of priory of, [137]
St. Sever, abbey of, gains land by ordeal, [323]
St. Vaast d’Arras, abbey of, [164]
Saints’ tombs, oaths on, [372]
Salaried champions, [192], [196]
Salic law, use of compurgation in, [34]
number of compurgators, [42]
compurgation in default of testimony, [52]
penalties of conjurators, [64]
accusatorial conjurators, [94]
judicial duel in, [112], [118]
ordeal of hot water, [274], [282]
hot-water ordeal for Antrustions, [323]
enforcement of the ordeal, [383]
compounding for the ordeal, [384]
ordeal in failure of compurgation, [390]
torture of slaves, [452]
Salisbury, Bishop and Earl of, duel between, [139]
Salt, blessed, used in ordeal, [281]
lumps of, used as ordeal, [257]
Salvation, exclusive, results of belief in, [589]
Salzburg, council of, 799, prescribes the ordeal, [409]
Samaritan legend of fire-test, [314]
Samoa, punishment of perjury, [374]
Samoiedes, oath ordeal among, [259]
Sanballat, his triumph in fire-test, [314]
Sancar, his ordeal, [290]
Sanctio of Orleans, his trial for simony, [61]
Sand-bag used in duels, [244]
Sandemend, [562]
Sanila and Bera, duel of, [117]
Sapor I., his religious reforms, [267]
Saraad, [55]
Saracens, duels with Christians forbidden, [151]
Saragossa, council of, 592, tests relics by fire, [315]
Sardinia, perjury on relics, [374]
Sassanids, ordeals under the, [267]
Sassy-bark, ordeal of, [254]
Satan, aids witches in ordeals, [300], [327], [328], [332]
in torture, [555]
Satane ordeal, [258]
Sathee, [344]
Savonarola, his Sperimento di fuoco, [311]
Saxon laws (see also Sachsenspiegel)—
purgatorial oaths in, [23]
reclamation of stolen horse, [26]
judicial duel in, [114]
Saxons offer duel to Luitzes, [130]
Saxony, torture in 1130, [474]
no defence allowed to accused, [544]
exile for retracted confession, [549]
abolition of torture, [580]
Sayn, Count, his compurgation, [89]
Scandinavian nations, torture not used by, [562]
Scavenger’s Daughter, the, [569]
Scheingehen, [365]
Schoolmen on duel and ordeal, [209]
Schwabenspiegel, value of oaths, [24]
purgatorial oath of father, [41]
compurgation retained, [80]
faith in judgment of God, [102]
judges must be vigorous men, [123]
appeals from judgment, [126]
theory of guilt, [136]
limitations on the duel, [141]
difference of rank, [150]
cripples must provide champions, [152]
duels of women, [153]
penalty for defeat in duel, [171]
penalty for default in duel, [173]
penalty of bail of defaulter, [174]
disabilities of champions, [188]
hired champions forbidden, [190]
use of hot-water ordeal, [283]
accused selects the ordeal, [292], [383]
ordeal in default of evidence, [387]
for convicts, [393]
no allusion to torture, [480]
Schwartzenberg challenges von Hutten, [238]
Schwerin, Synod of, condemns the duel, [210]
Scialoja, his work on torture, [525]
Scipio, oath administered by, [271]
Scober, James, a witch-pricker, [571]
Scone, abbey of, its jurisdiction, [162]
Scotland, use of compurgation, [34]
selection of conjurators in, [44]
compurgation in default of evidence, [53]
compurgation for the aged, [57]
compurgation retained, [82]
first evidence of duel in, [162]
champions as witnesses, [183]
use of champions, [192]
charters exempting from duel, [201]
restrictions on duel in towns, [203]
persistence of duel, [239]
cold-water ordeal for slaves, [323]
cold-water ordeal for witchcraft, [330]
cases of bier-right, [361]
bribes in ordeal forbidden, [406]
ordeals disused, [421]
use of torture in, [572]
abolition of torture, [574]
witch-burning in 1722, [575]
Scottish Marches, duel universal, [145]
liability of clerics to duel, [158]
death does not release from duel, [174]
Scourging as torture, [466], [467]
a torture for children, [528]
for retracted confession, [549]
Scribonius on cold-water ordeal in witchcraft, [327]
Scuz iarn, [288]
Sebakemsauf, violation of his tomb, [430]
Secrecy of inquisitorial process, [496], [513], [546]
Secta, [84], [96]
Secular law, exemption from, for clerics, [414]
jurisdiction of prelates, [161]
legislation against ordeals, [421]
Security required of combatants, [173]
Seguidors, [51]
Seigneur, his power over the villein, [490]
Sejanus, plot of, [435]
Selection of compurgators, [38]
of mode of compurgation, [383]
Selingenstadt, council of, 1023, prescribes the ordeal, [410]
Semites, ordeals among, [260]
torture among, [430]
Semperfri, [150]
Senan, St., his golden bell, [397]
Senchus Mor, duel prescribed in, [109]
Senckenberg reprints Zanger’s treatise, [578]
Senlis, case of torture in, [491]
Sens, Archbishop of, compelled to duel, [159]
Sentence of torture, appeals from, in Castile, [465], [467]
consultation over, in France, [507], [513]
appeal from, in Germany, [545]
deliberation required for, [547]
its revision in Saxony, [580]
Sepulture denied to duellists, [207], [210]
Serfs allowed to bear testimony, [122]
cannot challenge freemen, [140]
and master, no duel between, [146]
duels between, [149]
cold-water ordeal for, [322]
Servia, survival of the duel, [239]
Servitude must be proved before torture, [438]
Severity of ordeal, [394]
of torture, limitations eluded, [532]
of the strappado, [543]
Severus, Sept., on evidence of slaves against masters, [444]
Sexhendeman, [47]
Shadrach, Mesach, and Abednego, their ordeal, [304]
Shakespeare, his description of bier-right, [360]
Shaving of witches to neutralize charms, [556]
Shaving, sin of, in laymen, [403]
Shells used in ordeal, [257]
Sheriff selects compurgators, [48]
his presence required at ordeal, [406]
Shower-bath, punishment of, [510]
Shrewsbury, Countess of, her case, [570]
Shrift of combatant, [242]
Shrines of saints, oaths on, [372]
Shu-king, its theo-philosophy, [252]
Siawush, fire ordeal of, [266]
Sicily, modern use of torture, [587]
Sicularum Constitutiones—
no compurgation in, [75]
defendant allowed choice of weapons, [177]
champions as witnesses, [183]
punishment of defeated champion, [185]
champions provided at public expense, [190]
severe restriction on duel, [212]
ordeals prohibited, [422]
use of torture, [482]
Sieve-driving, ordeal of, [358]
Sigurd Thorlaksson, case of, [404]
Silanus, prosecution of, [443]
Silence under torture does not acquit, [519]
Simancas on compurgation for heresy, [89]
on universality of torture, [468]
disapproves deceit in witch-trials, [559]
Simon de Montfort limits the duel, [208]
Simony, trials for, [59], [62], [350]
compurgation for, [92]
Simple ordeals, [278], [287], [391]
Simplicius, St., of Autun, his ordeal, [305]
Sinking requisite in cold-water ordeal, [318]
Sins, previous, cause failure in duel, [137]
cause failure in ordeal, [403]
Sita, ordeal undergone by, [267]
Skevington, Sir Wm., invents a torture, [569]
Skirsla or ordeal of turf, [274]
Slavs, communities among, [15]
prolonged use of compurgation, [83]
use of judicial duel, [110]
ordeals used by, [274]
of Mecklenburg, ordeal introduced, [277]
Slaves cleared by master’s oath, [22]
ordeal in default of master’s oath, [390]
their right to the duel, [148]
ordeal for, in Rome, [272]
red-hot iron ordeal for, [291], [292]
fire ordeal for, [306]
cold-water ordeal for, [322]
ordeal of the lot, [353]
subjected to ordeal, [394]
as vicarious victims in ordeal, [396]
torture reserved for, in Greece, [433]
their evidence requires torture in Greece, [433]
tortured as witnesses in Rome, [441]
restriction on, [445], [446]
by their owners in Rome, [444]
torture of, under Ostrogoths, [457]
under Wisigoths, [458]
under Barbarians, [451], [452]
in civil suits in Germany, [530]
of churches tortured by priests, [554]
unprotected in Iceland, [562]
not tortured against their masters in Rome, [442]
except in treason, [443]
other exceptions, [444]
under Wisigoths, [459]
in Spain, [464]
tortured, damage paid to master in Rome, [445]
among the Barbarians, [452]
in Castile, [468]
thief sold as, in Wales, [564]
Slavery, its extent in Greece, [433]
its extent in Rome, [441]
Slavonia, use of compurgation, [84]
Sleeplessness, torture of (see Vigils).
Smith, Sir Thos., on use of torture, [567]
Snake-fang, ordeal of, [254]
Soaper’s case, in appeal of death, [247]
Soavo, champion of, [196]
Soest, accusatorial conjurators in laws of, [97]
exempted from duel, [202]
Soissons, Bishop of, uses ordeal for heretics, [410]
Chapter of, duel in its court, [224]
council of, 853, uses the ordeal, [410]
the vase of, [450]
Solidarity of the family, [14]
in Lombard Law, [48]
Somali, ordeals among the, [256]
Son to be tortured in presence of father, [543]
his evidence against parents in witch-trials, [554]
Sophocles, ordeals enumerated by, [270]
Sorcerers, loss of weight by, [326], [335]
tortured in Rome, [439]
their punishment by Theodoric, [457]
their evidence not received, [523]
unconscious, [553]
Sorcery forbidden in duels, [139]
in ordeal, [407]
duel in trial for, [230]
red-hot iron ordeal for, [291], [300], [409]
use of cold-water ordeal, [325]
torture in accusations of, [469]
used to justify torture, [539]
detention after torture without confession, [551]
torture necessary in trials for, [554]
Sortes sanctorum, [354]
Southampton, ordeal of Bible and key, [357]
South Carolina, compurgation in, [88]
appeal of death in, [247]
Spain (see also Wisigothic Laws).
jusjurandum in jure, [22]
purgatorial oaths, [24]
simplicity of oaths, [32]
use of compurgation, [34], [75]
selection of compurgators, [49]
compurgation of Alfonso VI., [67]
negative proofs rejected, [74]
compurgation in the Fuero Viejo, [80]
duel among Celtiberians, [108]
introduction of Roman ritual, [132], [313]
Catalonia, limitation on duel, [146]
Aragon, limit of value for duel, [148]
difference of rank in duels, [151]
ordeals for women, [154]
use of champions, [195]
charters exempting from duel, [202]
restrictions on the duel, [214]
use of hot-water ordeal, [281]
red-hot iron ordeal, [288]
paternity proved by iron ordeal, [294]
Arian relics tested by fire, [315]
truce of God enforced by ordeal, [323]
ordeal of Eucharist, [351]
bier-right, [366]
ordeal for loose women, [393]
escape of adulteress in ordeal, [403]
decline of ordeals, [423]
torture under the Goths, [458]
mediæval and modern, [462]
irregular use of, [476]
abolished in 1811, [583]
Speculum Saxonicum (see Sachsenspiegel).
Speculum Suevicum (see Schwabenspiegel).
Sperimento di fuoco of Savonarola, [311]
Spies, use of in witch-trials, [558]
Spiritual courts, duel in, [155]
ordeal in, [409]
torture in, [510]
Spoon, ordeal of the, [264]
Spot, insensible, of witches, [571]
Sprenger admits lawfulness of duel, [213]
objects to ordeal in witchcraft, [300]
no allusion to cold-water ordeal, [326]
his explanation of bier-right, [369]
recommends deceit, [559]
Sringa, [375]
Staff, ordeal of, [397]
Stalla hringr, [95]
Stansfield, Philip, case of, [361]
Stapfsaken, [274]
Stare ad crucem, [336]
Stars, duel to end when they appear, [178]
Starvation and cold employed as torture, [530]
State questions decided by duel, [130]
Statute of Gloucester, [242]
Staundford, Sir Wm., on ordeals, [426]
Steil, historic duel at, [129]
Stephen, St., supplies champions for abbey, [157]
ordeals not in his laws, [277]
Stephen V. condemns the ordeal as a torture, [395]
Stephen VII. condemns Formosus, [382]
Stercorarian heresy proved by ordeal, [411]
Stockneffn, [49]
Stonyng’s case, torture in, [568]
Strangers, fire ordeal for, [306]
subject to torture in Greece, [433]
Strappado, the, [466], [467]
description of, [516]
five degrees of, [543]
Strassburg, heretics convicted by ordeal, [297], [419]
Stream of water, torture of, [510]
Style’s “Practical Register,” [86]
Styria, duel restricted in, [212]
Styx, oath of the gods on its water, [371]
Suabia, use of oaths in, [32], [24]
accusatorial conjurators, [98]
Subico of Speyer takes ordeal of Eucharist, [348]
Substitutes in the ordeal, [295], [337], [390], [398], [400]
for torture, [578], [580], [582], [583]
Succession, law of, decided by duel, [129]
Sudra caste, oaths required of, [25]
cold-water ordeal used for, [320]
Suidger of Munster, his improvised ordeal, [302]
Sunset, duel to end at, [178]
Superstition, its persistence, [427]
Surlet, Gilles, case of, [505]
Suspicion, ordeal for, [388]
punishment for, [519]
of incontinency, compurgation for, [87]
of heresy, compurgation for, [88], [90]
Swaddling cloth of Christ tested by fire, [315]
Swantopluck of Bohemia, his use of torture, [476]
Sweden, selection of compurgators, [49]
prolonged use of compurgation, [82]
accusatorial conjurators, [97]
red-hot iron ordeal, [287], [298]
paternity proved by the ordeal, [294]
fees to priest for ordeal, [416]
prelates liable to ordeal, [417]
ordeals prohibited, [422]
torture not used in, [563]
Swinefield, Bishop, his hired champion, [192]
Switzerland, torture abolished, [581]
Synagogues, oaths taken in, [28]
Syrians, duels with Franks, [151]
Szegedin, witches tried by ordeal in 1730, [332], [335]
Tacitus, his account of the Germans, [112]
Tacitus (Emp.) on evidence of slave against master, [444]
Tahiti, ordeal in, [257]
Talio, the, applied to the duel, [143], [169]
used in Ashantee, [255]
in Rome, [440]
applied to accusation of slaves in Rome, [445]
for accusers under Wisigoths, [459]
adopted by the Church, [513]
rejected in inquisitorial process, [513]
Tangena nut, ordeal of, [256]
Tanner on number of witch-trials, [560]
Taoism, its influence in China, [252]
Tarbes, Cathedral of, its revenue from ordeals, [415]
Tarragona, council of, 1244, on heresy, [89]
Tassilo, allusion to ordeal by, [274]
Tears, inability of witches to shed, [556]
Teeth, question as to, in duel, [144]
Templars offer to undergo the ordeal, [299]
use of torture on, [486]
torture of, in England, [511]
Temple, the, oaths taken in, [27]
Temporal jurisdiction of prelates, [161]
Tempting of God in the ordeal, [207], [411]
Terouane, torture in 1127, [474]
Testes synodales, [41]
Testimonis, [51]
Testimony (see Evidence).
Teutberga, her divorce, [281]
Teutonic Knights introduce the ordeal, [423]
Texas, torture used in, [588]
Thangbrand, Deacon, [199]
Thebe, people of, float in water, [326]
Theft, Russian ordeal for, [334]
Theodore, penitential of, on oaths, [30]
Theodore Lascaris prescribes the ordeal, [299]
Theodoric tries to suppress judicial duel, [115]
his use of torture, [457]
Theodosius I. exempts priests from torture, [438]
Thibaut of Champagne, his grant to church of Châteaudun, [415]
Thief and receiver, duel between, [136], [171]
Thieves convicted by the duel, [135]
Thomas of Gloucester, his rules of duel, [171], [241]
Thomas, Christian, opposed to torture, [577]
Thumb, indestructible, of Pyrrhus, [314]
Thuringians, kinsmen as champions, [180]
minimum limit for duel, [147]
red-hot iron ordeal, [291]
Tiberius, his use of torture, [435]
his devices to elude the laws, [443]
Tibet, hot-water ordeal in, [269]
Tiers-État, influence of, [200]
Tiht-bysig man sent to ordeal, [392]
Tirel, Hugues, case of, [77]
Tison, Marie, case of, [585]
Tithes, contested, settled by ordeal, [410]
Titles to land settled by duel, [182], [197]
by cold-water ordeal, [324]
Tobbach, [18]
Toledo, council of, 683, on abuse of torture, [461]
Tombs of saints, oaths on, [372]
Tonga, punishment of perjury, [374]
Tongue, red-hot iron ordeal applied to, [264], [289], [291], [293]
Tooth-relic of Buddha tested by fire, [314]
Toribio, St., limits fees for torturing, [511]
Torture, [429]
as preliminary to compurgation, [91]
ordeal as preparatory to, [329]
used as torture, [394]
its influence on ordeals, [426]
in Egypt and Asia, [400]
in Greece, [432]
limitations on, in Rome, [445]
estimate of evidence under, in Rome, [446]
under the Barbarians, [451]
its use by the Goths, [456]
in mediæval and modern Spain, [462]
its repetition illegal, [466]
under the Carlovingians, [469]
its use for extortion, [476]
condemned by the Church, [477]
its reappearance in [13]th century, [479]
unlimited repetition, [500]
to discover previous offence, [501], [546]
is ecclesiastical law, [511]
to discover accomplices, [484], [515], [517], [546], [562], [570], [584]
of witnesses, [440], [453], [459], [533], [541]
its influence on judges, [534]
its abuse by judges, [539]
in surplusage after conviction, [546]
without confession is acquittal, [551]
as punishment, [579]
indispensable in witch-trials, [554]
witches insensible to, [556]
devices to elude, [558]
use of, is homicide in England, [565]
to compel pleading in England, [575]
its decline and abolition, [575]
substitutes for, [578], [580], [582], [583]
Toulouse, duel forbidden there, [224]
exempted from torture, [495]
Tournay, charter of, [54], [392]
exempted from duel, [202]
Tours, council of, 813, on use of chrism in ordeal, [407]
council of, 925, prescribes the ordeal, [410]
Tout Lieu de S. Disier, [497]
Towel of Christ tested by fire, [316]
Towns, champions of, [196]
Tower of London, torture in, [569]
Townships, responsibility of, [42]
Trade, its influence adverse to duel, [204]
Trahent, André de, case of, [397]
Trajan on evidence of slave against master, [443]
Trallian laws, [15]
Transylvania, witches tried by ordeal, [322]
Travancore, ordeal abolished in, [284]
Treason, duel necessary in cases of, [144]
torture for, in Rome, [435], [438], [443]
its extension in Rome, [436], [437]
torture for, in Spain, [459], [463]
torture of witnesses in cases of, [541]
torture for, in Denmark, [562]
torture for, in England, [568]
nobles not tortured for, in England, [570]
torture retained for, in Prussia, [579]
Trebinje, ordeal for witches in 1857, [333]
Trent, Bishop of, tried for simony, [62], [71]
council of, prohibits the duel, [237]
Trèves, Holy Coat of, [422]
council of, 1227, forbids iron ordeal, [419]
Treviño exempted from duel, [202]
ordeals prohibited in, [424]
Trial by jury, rise of, [48]
by combat, [101]
Tribal responsibility, [42]
Tribur, council of, 895, on accusatorial conjurators, [96]
prescribes the ordeal, [291], [410]
ordeal for those outsworn, [390]
Triple ordeals, [278], [287]
Triumviri capitales, their functions as torturers, [444]
Truce of God, enforcement of, [58], [323]
Trux iarn, [287]
Tucca, her ordeal, [271]
Tudors, use of torture under, [566]
Turks, divination among, [265]
use of ordeal for witches, [333]
Turf, ordeal of, [274]
Tuscany, torture abolished, [586]
Twelfhendeman, [47]
Twins in Wales are one person, [177]
Twyhindus, [47]
Tyndareus, oath exacted by, [26]
Tynemouth, priory of, its champion, [197]
Uberto of Tuscany recognized by his son, [381]
Ueberlingen, case of bier-right, [363]
Ulpian, his estimate of torture, [446]
Ulric of Cosheim, [133]
Umbrians, judicial duel among, [108]
Uncertainty of compurgation, [91]
Unguents as protection in fire ordeals, [408]
Unitas Fratrum, use of lot by, [355]
United States, wager of law in, [88]
appeal of death, [246]
bier-right, [366]
divining rod, [428]
use of shower bath, [510]
use of torture, [588]
Untersuchungschaft, [582]
Upstallesboom, laws of, ordeals obsolete in, [422]
Upton, Nicholas, his work on the duel, [231]
Urim and Thummim, [261]
Urpheda, [550]
Urraca, Queen, authorizes duel, [132]
Usury, torture in cases of, [529]
Uta, Queen, her compurgation, [40]
Utrecht, case of fisherman of, [402]
torture abandoned in, [577]
Vadiare legem, [57]
Vaisya caste, oaths required of, [25]
cold-water ordeal used for, [320]
Valdebran, abbey of, relic tested by fire, [317]
Valence, council of, 855, represses abuse of oaths, [22]
denounces the duel, [207]
1248, denies counsel to accused, [487]
Valenciennes, duel in 1455, [232]
fees for torture in, [548]
petitions for abolition of torture, [585]
Valentinian I. exempts decurions from torture, [438]
Valentinian II. applies talio to accused slaves, [445]
Valerius Maximus, his estimate of torture, [447]
Vallombrosa, fire ordeal in, [305]
Valtelline, limitations on torture in, [508]
Value of conjuratorial oath, [62]
of extorted confession, [462], [548], [550]
Vannes, council of, 465, condemns the sortes sanctorum, [354]
Var nirang, [266]
Varieties of ordeal, [277]
of torture, [536]
in Greece, [434]
in Rome, [449]
in Castile, [465], [467]
in England, [476]
in Russia, [509]
in France, [514], [516]
in Scotland, [573]
in Roumania, [588]
Vasistha, ordeals unknown to, [268]
Vassal and lord, no duel between, [146]
Vaughan and Parker, duel of, [242]
Vedas, ordeals in the, [267]
Vehm-Gericht, accusatorial conjurators in, [99]
Venezuela, use of torture, [583]
Vengeance, legal recognition of, [13]
Venice, rules for compurgation, [57]
bier-right in, [365]
use of torture, [507]
Vercelli, Bishops of, their jurisdiction over duels, [164]
Verdiersville, bier-right in, [368]
Vermandois, appeals in, [125]
nobles of, claim the duel, [227]
Verona, council of, 983, on the duel, [131]
limitation on duels, [146]
penalty for defeat in duel, [169]
champions appointed by the city, [189]
regulations for champions, [195]
ordeal of cross, [337]
torture used in 1228, [481]
Vestal virgins, exempt from taking oaths, [36]
ordeals of, [271]
Vezelai, heretics tried by ordeal, [411]
Vicarious ordeals, [281], [295], [390], [398], [400]
in Africa, [256]
poison ordeal, [376]
Vich, council of, 1068, orders the ordeal, [323]
Vidames, [198]
Vienna exempted from duel, [204]
case of bier-right in, [364]
Vienne, council of, 1311, case of Boniface VIII., [226]
restricts torture in Inquisition, [511]
Viescher, his treatise on the duel, [103]
Viga Glum’s saga, [27]
Vigils of Marsigli, torture of, [535], [552]
insanity caused by, [588]
severity of, in England, [570]
severity of, in Scotland, [572]
of Florence, [552]
of Spain, [552]
Villadiego, his description of torture,466
Village communities, [14]
Villein not allowed to challenge judge, [124]
and gentleman, duels between, [149]
his subjection to his seigneur, [490]
Villeneuve, case of torture in, [491]
consuls exempted from torture, [499]
Villon, his water torture, [514]
Virgin Mary orders a duel, [209]
Virginia, bier-right in, [366]
Viry, jurisdiction of duel at, [163]
Vishanaga, [376]
Vishnu, his complicated ordeal system, [268]
Vives, J. L., opposes torture, [576]
Vladislas II. (Hungary) restricts the duel, [237]
Vola, Zierkin von, his duel, [171]
Voltaire opposes torture, [584]
Volterra, Bishop of, his jurisdiction, [161]
Voluntary perjury, penance for, [31]
Vomeres igniti, [287]
Vorogeia, [334]
Vuillermoz, Guill., case of, [555]
Wafer, consecrated, power of, [347]
Wager of Law, the (see Compurgation).
its derivation, [57]
Wager of Battle (see Duel).
Waldemar II., his Constitutions, [41]
prohibits ordeal, [422]
jury-trials in his laws, [562]
Wales, solidarity of the family in, [15], [19]
compensation for injuries, [17]
responsibility for children, [20]
oaths of absolution, [24]
reduplicated oaths, [28]
oaths on relics, [30]
reverence for relics, [32]
compurgation, [38]
number of compurgators, [40], [44]
character of compurgators, [45]
compurgation supplants evidence, [55]
juramentum supermortuum, [56]
oath of conjurators, [60]
judicial duel not used, [110]
difference of rank in duels, [151]
twins, their advantage in duels, [177]
champions, reward of, [186]
ordeals in suits with Saxons, [276]
confession of accomplice at the gallows, [563]
Wang-i, his two servants, [252]
Warfare, private, among the Barbarians, [16]
Warning to accused before torture, [532]
Warrantors, [121]
Water Ordeals (see Hot Water and Cold Water).
Water from idol as ordeal, [344]
torture, [514]
torture of stream of, [509]
will not receive perjurers, [319]
or witches, [326]
Weapons of witnesses blessed, [120]
provided for pauper combatants, [175]
choice of, [176]
equality of, [177]
Weight, loss of, by witches, [325], [334]
Welf II. of Altorf subjected to ordeal, [323]
Welf of Bavaria, [133]
Wells, poisoning of, in France, [503]
Wenceslas of Bohemia abolishes torture, [473]
Wer-gild, [14]
its character, [17]
in Greece and Rome, [15]
in Russia, [15]
in Poland, [16]
in Iceland, [18]
in Ireland, [18]
in Denmark, [18]
in Wales, [19]
of clerics, [20]
among Moslem, [29]
its connection with compurgation, [38]
in Frisia in [14]th century, [563]
oath rated by, [47]
Werner, J. F., defends use of torture, [578]
West Prussia, ordeal for witches in, [322]
Westminster, Abbey of, claims jurisdiction of duel, [162]
Westphalia, accusatorial conjurators in, [97]
cold-water ordeal in witchcraft, [327], [328], [331]
Whipping as torture, [466]
torture in cases involving, [530]
Widows, exemption from duel in Bigorre, [146]
torture of, among Gauls, [452]
Wier on cold-water ordeal in witchcraft, [326], [328]
Wife to be tortured in husband’s presence, [543]
William I. (Engl.), introduces judicial duel, [115]
penalty for defeat in duel, [168]
William Rufus utilizes the ordeal, [295]
William the Lion forbids bribery in ordeal, [406]
William Clito, his privilege to St. Omer, [204]
William of Ely and the Archbishop of York, [70]
William of Utrecht, his ordeal of Eucharist, [351]
Wills, fraudulent, torture of slaves in cases of, [443]
Wilson, Christian, case of, [362]
Wisigothic Laws, their authors, [458]
oaths in, [22]
compurgation not used, [34], [75]
exclude evidence of kinsmen, [38]
influence of Roman law, [116], [457]
judicial duel not used, [116]
judicial duel revived, [117]
late introduction of ordeal, [275]
ordeal preliminary to torture, [395]
use of torture, [458]
Witch-bridle, [572]
Witchcraft, its influence on criminal law, [553]
evidence of, insufficient, [554]
Witches, Satan aids them in trials, [300], [555]
loss of weight by, [325], [334]
tortured for confession in Russia, [509]
their evidence not received, [523]
detected by boys with greased boots, [539]
escape by revoking confession, [548]
detention after torture without confession, [551]
cruelties practised on, [552]
their insensibility to torture, [556]
Witch-mark, [571]
Witchpool in Bay of St. Andrews, [330]
Witch-pricking, [571]
Witch-trials, red-hot iron ordeal for, [291], [300], [409]
use of cold-water ordeal, [325]
special ordeals for, [382]
all rules set aside, [554]
torture indispensable in, [555]
shaving in, [556]
use of deceit, [558]
torture in, in England, [570]
severity of, in Scotland, [572], [574]
Withdrawal from duel forbidden, [144]
Witikind, his duel with Charlemagne, [130]
Witness, judge cannot act as, [509]
Witnesses, are not conjurators, [38], [51]
compurgation in default of, [52]
confirmed by conjurators, [56]
outweigh conjurators, [62]
challenging of, [103], [120], [121]
penalty of defeated, [120]
come armed to court, [120]
must be capable of fighting, [122]
champions not allowed to, [121]
champions for, [194]
their protection in France, [123]
seven necessary to avoid duel, [142]
must offer battle, [143]
defeated, lose a hand, [167]
become champions, [182]
champions debarred as, [187]
women admitted, [228]
allowed to give false evidence, [268]
must be of the same race, [275]
subjected to ordeal, [389]
names of, given to accused in Castile, [469]
examined in presence of accused, [504]
contradictory, tortured together, [542]
confrontation of, with accused, [517]
necessary to justify torture, [523]
their uselessness in witch-trials, [555]
torture of, in Rome, [440]
unknown to Barbarians, [453]
practised in Castile, [464]
in Milan, [506]
not tortured in Piacenza, [507]
tortured in Germany, [530]
in modern times, [541]
in advance, [542]
for retracted evidence, [550]
in monasteries, [560]
slave, tortured in Greece, [433]
restrictions on torture in Rome, [445], [446]
their torture under Ostrogoths, [457]
under Wisigoths, [459]
Women incompetent as prosecutors, [18]
admitted as compurgators, [50], [92]
not received as witnesses, [122]
admitted as witnesses, [228]
allowed champions in duel, [152]
liable to duel, [153]
ordeals for, in Spain, [154]
hot-water or iron ordeal for, [292]
buried or burned alive in capital cases, [503]
buried alive for defeat in duel, [153], [170]
burnt for defeat in duel, [173]
abuse of, in cold-water ordeal, [417]
tortured in Rome for poisoning, [439]
pregnant, not subject to torture in Rome, [446]
not tortured in Spain, [463], [466]
exempt from torture in Germany, [523], [528]
tortured in Iceland, [561]
Worms exempted from duel, [205]
council of, 829, prohibits cold-water ordeal, [322]
council of, 868, on ordeal of Eucharist, [348]
Wounds, severity of, requisite for duel, [142]
Writings tested by fire, [313]
Wunden kampffbaren, [142]
Würtemburg, torture abolished, [581]
Wurzburg, council of, 1298, prohibits ordeals, [423]
Yahveh-worship, its seat tested by fire, [314]
York, Archbishop of, and William of Ely, [70]
York, miraculous escape in ordeal, [297]
Ypres, selection of compurgators, [48]
exempted from duel, [201]
torture not used in, [497]
Zabolcs, council of, 1092, on fees for ordeals, [416]
Zadruga, the Slavonic, [16]
Zala, Abbey of, its champions, [157]
Zanger, Johann, his treatise on torture, [524], [578]
Zends, ordeal among, [265], [295]
torture not legally used, [431]
Zerbst, effective torture in, [579]
Zerubabbel, his defeat in fire test, [314]
Zoroaster exposed to fire ordeal, [266]
converts Gushtasp by the ordeal, [295]
Zug, modern use of torture, [588]
Zurich, priest of, uses unconsecrated host, [345]