So long as human nature retains its imperfections the baffled impatience of the strong will be apt to wreak its vengeance on the weak and defenceless. As recently as 1867, in Texas, the Jefferson “Times” records a case in which, under the auspices of the military authorities, torture was applied to two negroes suspected of purloining a considerable amount of money which had been lost by a revenue collector. More recently still, in September, 1868, the London journals report fearful barbarities perpetrated by the Postmaster-General of Roumania to trace the authors of a mail robbery. A woman was hung to a beam with hot eggs under the armpits; others were burned with grease and petroleum, while others again were tied by the hair to horses’ tails and dragged through thorn bushes. It must be added that the offending officials were promptly dismissed and committed for trial. A still more recent case is one which has been the subject of legislative discussion in Switzerland, where it appears that in the Canton of Zug, under order of court, a man suspected of theft was put on bread and water from Oct. 26th to Nov. 10th, 1869, to extort confession, and when this failed he was subjected to thumb-screws and beaten with rods.
In casting a retrospective glance over this long history of cruelty and injustice, it is saddening to observe that Christian communities, where the truths of the Gospel were received with unquestioning veneration, systematized the administration of torture with a cold-blooded ferocity unknown to the legislation of the heathen nations whence they derived it. The careful restrictions and safeguards, with which the Roman jurisprudence sought to protect the interests of the accused, contrast strangely with the reckless disregard of every principle of justice which sullies the criminal procedure of Europe from the thirteenth to the nineteenth century. From this no race or religion has been exempt. What the Calvinist suffered in Flanders, he inflicted in Holland; what the Catholic enforced in Italy, he endured in England; nor did either of them deem that he was forfeiting his share in the Divine Evangel of peace on earth and goodwill to men.
The mysteries of the human conscience and of human motives are well-nigh inscrutable, and it may seem shocking to assert that these centuries of unmitigated wrong are indirectly traceable to that religion of which the second great commandment was that man should love his neighbor as himself. Yet so it was. The first commandment, to love God with all our heart, when perverted by superstition, gave a strange direction to the teachings of Christ. For ages, the assumptions of an infallible Church had led men to believe that the interpreter was superior to Scripture. Every expounder of the holy text felt in his inmost heart that he alone, with his fellows, worshipped God as God desired to be worshipped, and that every ritual but his own was an insult to the Divine nature. Outside of his own communion there was no escape from eternal perdition, and the fervor of religious conviction thus made persecution a duty to God and man. This led the Inquisition, as we have seen, to perfect a system of which the iniquity was complete. Thus commended, that system became part and parcel of secular law, and when the Reformation arose the habits of thought which ages had consolidated were universal. The boldest Reformers who shook off the yoke of Rome, as soon as they had attained power, had as little scruple as Rome itself in rendering obligatory their interpretation of divine truth, and in applying to secular as well as to religious affairs the cruel maxims in which they had been educated.
Yet, in the general enlightenment which caused and accompanied the Reformation, there passed away gradually the passions which had created the rigid institutions of the Middle Ages. Those institutions had fulfilled their mission, and the savage tribes that had broken down the worn-out civilization of Rome were at last becoming fitted for a higher civilization than the world had yet seen, wherein the precepts of the Gospel might at length find practical expression and realization. For the first time in the history of man the universal love and charity which lie at the foundation of Christianity are recognized as the elements on which human society should be based. Weak and erring as we are, and still far distant from the ideal of the Saviour, yet are we approaching it, even if our steps are painful and hesitating. In the slow evolution of the centuries, it is only by comparing distant periods that we can mark our progress; but progress nevertheless exists, and future generations, perhaps, may be able to emancipate themselves wholly from the cruel and arbitrary domination of superstition and force.
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]
FOOTNOTES:
[1] Legg. Villæ de Arkes § xxviii. (D’Achery Spicileg. III. 608).