INDEX. (continued 2)
Reading edition
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withdrawn in inquisitorial process, 513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 14th 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 13th 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 14th 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