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
When the Roman law commenced to exercise its powerful influence
in moulding the feudal customs into a regular body of procedure,
and admiring jurists lost no opportunity of making use of the
newly-discovered treasures of legal lore, whether applicable or not,
it is easy to understand that the contempt and the civil disabilities
lavished by the Imperial jurisprudence on the gladiator of antiquity
came to be transferred to the mediæval champion; although the latter,
by the theory of the law, stood forth to defend the innocent, while
the former ignobly exposed his life for the gratification of an
imbruted populace. This legacy of shame is clearly traceable in Pierre
de Fontaines. To be a gladiator or an actor was, by the Roman law, a
competent cause for disinheritance.[607] One of the texts prescribing
it is translated bodily by de Fontaines, the _arenarius_ of the
Roman becoming the _champions_ of the Frenchman;[608] and in another
similar transcription from the Digest, the _athleta_ of the original
is transformed into a “champion.”[609] By the thirteenth century,
the occupation of champion had thus become infamous. Its professors
were classed with the vilest criminals, and with the unhappy females
who exposed their charms for sale, as the champion did his skill and
courage.[610] They were held incapable of appearing as witnesses, and
the extraordinary anomaly was exhibited of seeking to learn the truth
in affairs of the highest moment by a solemn appeal to God, through the
instrumentality of those who were already considered as convicts of
the worst kind, or who, by the very act, were branded with infamy if
successful in justifying innocence, and if defeated were mutilated or
hanged.[611] By the codes in force throughout Germany in the thirteenth
and fourteenth centuries, they were not only, in common with bastards,
actors, and jugglers, deprived of all legal privileges, such as
succeeding to property, bearing witness, etc., but even their children
were visited with the same disabilities.[612] The utter contempt in
which they were held was moreover quaintly symbolized in the same codes
by the provisions of a tariff of damages to be assessed for blows and
other personal injuries. A graduated list of fines is given for such
insults offered to nobles, merchants, peasants, etc., in compensation
of their wounded honor; below the serf come the mountebank and juggler,
who could only cuff the assailant’s shadow projected on the wall;
and last of all are rated the champion and his children, whose only
redress was a glance of sunshine cast upon them by the offender from a
duelling shield. Deemed by law incapable of receiving an insult, the
satisfaction awarded was as illusory as the honor to be repaired.[613]
That this poetical justice was long in vogue is proved by the
commentary upon it in the Richstich Landrecht, of which the date is
shown to be not earlier than the close of the fourteenth century, by an
Public-domain text, read in full here on John Shaqi.
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