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
were entitled to but one share in the patrimony of the family, so
they were allowed to come into the field of combat as one man.[571]
In Russia, each combatant followed his own pleasure; and a traveller
in the sixteenth century relates that the Muscovites were in the
habit of embarrassing themselves with defensive armor to an extent
which rendered them almost helpless, so that in combats with Poles,
Lithuanians, and Germans they were habitually worsted, until judicial
duels between natives and foreigners were at length prohibited on this
account.[572]
As a general rule the combat ended at sunset or when the stars became
visible, and in such case if it was a drawn battle the case was decided
in favor of the defendant, because the prosecutor had not proved his
charge. Yet a charter of 961 recites that two gentlemen, Bernard and
Gerbert, appeared before Count Raymond, each claiming the church of
St. Médard and its appurtenances, which had been bequeathed by the
late owner Ricaud, for the repose of his soul, to the Abbey of St.
Peter of Beaulieu. The count granted them the trial by battle. At two
o’clock their champions entered the lists and fought without result
until sunset. Then the count declared the battle ended and adjudged the
church to the abbey; the contestants acquiesced and signed the charter
confirming its rights.[573] In Italy, however, the duel was fought
to an end; if stopped by darkness the judge was instructed to note
carefully the respective positions of the combatants and replace them
exactly the next morning, so that neither might derive advantage from
the adjournment.[574]
Public-domain text, read in full here on John Shaqi.
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