Superstition and Force: Essays on the Wager of Law, the Wager of Battle, the Ordeal, TortureLea, Henry Charles
History
Superstition and Force: Essays on the Wager of Law, the Wager of Battle, the Ordeal, Torture
Lea, Henry Charles
Ordeal; Torture; Wager of battle; Wager of law
the right of the chapter of Soissons to decree the judicial combat
appears to be undoubted, as well as the earnestness of the worthy
ecclesiastics to exercise the privilege.[513] Even more significant
is a declaration of the authorities of Metz, as late as 1299, by
which the granting of all wagers of battle is expressly admitted by
the civil magistrates of the city to appertain to the court of the
archbishop;[514] and even in 1311 a bishop of St. Brieuc ordered a
duel between two squires pleading in his court, in consequence of high
words between them. From some cause the combat did not take place, and
the Christian prelate seized the arms and horses of the parties as
his mulct. They appealed to the Parlement of Paris, which ordered the
restoration of the confiscated articles, and fined the bishop for his
disregard of the royal edicts prohibiting the single combat.[515] Not
long before, Beaumanoir had definitely asserted that the church could
not be concerned in cases which involved the judicial duel, or the
infliction of death or mutilation;[516] but the church was not disposed
to admit this limitation on its jurisdiction, and in spite of the
attempted suppression of the wager of battle by the crown it continued
in its multifarious capacity of seigneur to execute the cruel laws of
the period with undiminished activity.[517]
In other lands, where the duel had not experienced as in France the
hostility of the supreme power, prelates continued to decree it,
regardless of the papal anathemas. It was to no purpose that canon
lawyers proved that they thereby incurred mortal sin, and that if
death ensued they became “irregular” and incompetent to perform divine
service. To all this they turned a deaf ear, and John of Freiburg,
towards the close of the thirteenth century, is reduced to wishing that
preachers would expound these principles in the pulpit and make them
understood by the people at large.[518]
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