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
There were two classes of pleaders, however, with whom the hiring
of champions was a necessity, and who could not be bound by the
limitations imposed on ordinary litigants. While the sexagenary, the
infant, and the crippled might possibly find a representative among
their kindred, and while the woman might appear by her husband or next
of kin, the ecclesiastical foundations and chartered towns had no
such resource. Thus, in a suit for taxes, in 1164, before the court
of Verona, Bonuszeno of Soavo proved that the village of Soavo had
exempted his father Petrobatalla from all local imposts for having
served as champion in a duel between it and a neighboring community,
and his claim to the reversion of the exemption was allowed.[654] So
a charter of 1104 relates how the monks of Noailles were harassed by
the seizure of some mills belonging to their abbey, claimed by an
official of William Duke of Aquitaine, until at length the duke agreed
to allow the matter to be decided by the duel, when the champion of
the church was victorious and the disputed property was confirmed to
the abbey.[655] At length the frequent necessity for this species of
service led to the employment of regularly appointed champions, who
fought the battles of their principals for an annual stipend, or for
some other advantages bestowed in payment. Du Cange, for instance,
gives the text of an agreement by which one Geoffry Blondel, in 1256,
bound himself to the town of Beauvais as its champion for a yearly
salary of twenty sous Parisis, with extra gratifications of ten livres
Tournois every time that he appeared in arms to defend its cause, fifty
livres if blows were exchanged, and a hundred livres if the combat
were carried to a triumphant issue. It is a little singular that
Beaumanoir, in digesting the customs of Beauvais but a few years later,
speaks of this practice as an ancient and obsolete one, of which he had
only heard through tradition.[656] That it continued to be in vogue
until long after, is shown by Monteil, who alludes to several documents
of the kind, bearing date as late as the fifteenth century.[657]
Public-domain text, read in full here on John Shaqi.
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