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
With such risks to be encountered, it is no wonder that the trade of
the champion offered few attractions to honest men, who could keep
body and soul together in any other way. In primitive times, the
solidarity of the family no doubt caused the champion in most cases to
be drawn from among the kindred; at a later period he might generally
be procured from among the freedmen or clients of the principal,
and an expression in the Lombard law justifies the assumption that
this was habitual, among that race at least.[603] In the palmy days
of chivalry, it was perhaps not uncommon for the generous knight to
throw himself bodily into the lists in defence of persecuted and
friendless innocence, as he was bound to do by the tenor of his oath of
knighthood.[604] Even as late as the fifteenth century, indeed, in a
collection of Welsh laws, among the modes by which a stranger acquired
the rights of kindred is enumerated the act of voluntarily undergoing
the duel in the place of a principal unable or unwilling to appear for
himself.[605] A vast proportion of pleaders, however, would necessarily
be destitute of these chances to avoid the personal appearance in
the arena for which they might be unfitted or disinclined, and thus
there arose the regular profession of the paid gladiator. Reckless
desperadoes, skilled at quarter-staff, or those whose familiarity with
sword and dagger, gained by a life spent in ceaseless brawls, gave them
confidence in their own ability, might undertake it as an occupation
which exposed them to little risk beyond what they habitually incurred,
and of such was the profession generally composed. This evil must
have made itself apparent early, for we find Charlemagne endeavoring
to oppose it by decreeing that no robber should be allowed to appear
in the lists as a champion, and the order needed to be frequently
repeated.[606]
Public-domain text, read in full here on John Shaqi.
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