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
allusion in the same chapter to accidental deaths arising from the use
of firearms.[614]
The Italians, however, took a more sensible and practical view of the
matter. Accepting as a necessity the existence of champions as a class,
they were disposed rather to elevate than to degrade the profession.
The law required that they should not be criminals or infamous, and
the fact that they fought for hire did not render them so.[615] In
the Veronese code of 1228, they appear as an established institution,
consisting of individuals selected and appointed by the magistrates,
who did not allow them to receive more than one hundred sous for the
performance of their office.[616]
It is evident that the evils attendant upon the employment of champions
were generally recognized, and it is not singular that efforts were
occasionally made to abrogate or limit the practice. Otho II., whose
laws did so much to give respectability to the duel, decreed that
champions should be permitted only to counts, ecclesiastics, women,
boys, old men, and cripples.[617] That this rule was strictly enforced
in some places we may infer from the pleadings of a case occurring
in 1010 before the Bishop of Arezzo, concerning a disputed property,
wherein a crippled right hand is alleged as the reason for allowing
a champion to one of the parties.[618] In other parts of Italy,
however, the regulation must have been speedily disregarded, for about
the same period Henry II. found it necessary to promulgate a law
forbidding the employment of substitutes to able-bodied defendants
in cases of parricide or of aggravated murder;[619] and when, two
hundred years later, Frederic II. almost abolished the judicial combat
in his Neapolitan dominions, we may fairly presume from one of his
remarks that champions were universally employed.[620] Indeed, he
made provision for supplying them at the public expense to widows,
orphans, and paupers who might be unable to secure for themselves such
assistance.[621] In Germany, early in the eleventh century, it would
seem that champions were a matter of course, from the expressions made
use of in describing the execution of a number of robbers convicted
in this manner at Merseburg in 1017.[622] At a later period, it
seems probable, from a comparison of two chapters of the Suabian
laws, that efforts were made to prevent the hiring of professional
gladiators,[623] and in the Saxon burgher laws a man could refuse the
duel if he could prove that his antagonist was a champion serving for
pay.[624] That these efforts to restrict the practice, however, were
attended with little success may be inferred from the disabilities
which were so copiously showered on the class by the same laws.
Public-domain text, read in full here on John Shaqi.
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