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
As regards the choice of weapons, much curious anecdote could be
gathered from the pages of Brantôme and others learned in punctilio,
without throwing additional light upon mediæval customs. It may be
briefly observed, however, that when champions were employed on both
sides, the law appears generally to have restricted them to the
club and buckler, and to have prescribed perfect equality between
the combatants.[562] An ordonnance of Philip Augustus, in 1215,
directs that the club shall not exceed three feet in length.[563]
In England the club or battoon was rendered more efficient with a
“crook,” usually of horn, but sometimes of iron, giving to the weapon
the truly formidable aspect of a pickaxe or tomahawk.[564] When the
principals appeared personally, it would seem that in early times
the appellant had the choice of weapons, which not only gave him an
enormous advantage, but enabled him to indulge any whims which his
taste or fancy might suggest, as in the case of a Gascon knight in
the thirteenth century, who stipulated that each combatant should be
crowned with a wreath of roses. As every detail of equipment was thus
subject to the caprice of the challenger, those who were wealthy
sometimes forced their poorer adversaries to lavish immense sums on
horses and armor.[565] When, however, the spirit of legislation became
hostile to the wager of battle, this advantage was taken from the
appellant. Frederic II. appears to have been the first to promulgate
this rational idea, and, in decreeing that in future the choice of
arms shall rest with the defendant, he stigmatizes the previous custom
as utterly iniquitous and unreasonable.[566] In this, as in so many
other matters, he was in advance of his age, and the general rule was
that neither antagonist should have any advantage over the other,
except the fearful inequality, to which allusion has already been
made, when a roturier dared to challenge a gentleman.[567] In the law
of Northern Germany care was taken that the advantage of the sun was
equally divided between the combatants; they fought on foot, with bare
heads and feet, clad in tunics with sleeves reaching only to the elbow,
simple gloves, and no defensive armor except a wooden target covered
with hide, and bearing only an iron boss; each carried a drawn sword,
but either might have as many more as he pleased in his belt.[568]
Even when nobles were concerned, who fought on horseback, it was the
rule that they should have no defensive armor save a leather-covered
wooden shield and a glove to cover the thumb; the weapons allowed
were lance, sword, and dagger, and they fought bare-headed and clad
in linen tunics.[569] According to Upton, in the fifteenth century,
the judges were bound to see that the arms were equal, but he admits
that on many points there were no settled or definite rules.[570] In
Wales, an extraordinary custom violated all the principles of equality.
Under the Welsh law, twins were considered as one person, and as they
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