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
of champions there was an endeavor to secure equality of age, size,
and strength.[647] This equalization of chances was thoroughly carried
out in Italy, where the law required them to be selected with that
view.[648] Thus in the Veronese code of 1228, where, as has been seen,
the champions were a recognized body, regulated and controlled by the
state, no one could engage a champion before a duel had been judicially
decreed. Then the magistrate was bound to choose gladiators of equal
prowess, and the choice between them was given to the defendant; an
arrangement which rendered the mutilation inflicted on the vanquished
combatant only justifiable on the score of suspected treachery.[649]
A Bolognese regulation of the thirteenth century was even fairer, and
reduced the combat to an affair of chance in which the judgment of God
had the fullest scope, for when the champions were in the lists a child
placed inside of the garments of each a card bearing the name of his
principal, and until the combat was ended no one knew which of them
represented the plaintiff and which the defendant.[650] In Bigorre, the
only restriction seems to have been that champions should be natives
and not foreigners, and their payment was recognized as a matter
of course.[651] By the Spanish law of the thirteenth century, the
employment of champions was so restricted as to show an evident desire
on the part of the legislator to discourage it as far as possible. The
defendant had the right to send a substitute into the field, but the
appellant could do so only by consent of his adversary. The champion
was required to be of birth equal to his principal, which rendered
the hiring of champions almost impossible, and not superior to him in
force and vigor. Women and minors appeared by their next of kin, and
ecclesiastics by their advocates.[652] In Russia, until the sixteenth
century, champions were never employed, contestants being always
obliged to appear in person. In 1550, the code known as the Sudebtnick
at length permitted the employment of champions in certain cases.[653]
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