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
As a rule, ecclesiastical communities were likewise under the necessity
of employing champions to defend their rights. Sometimes, as we have
seen, these were hired, and were of no better character than those
of common pleaders. They seem to have been well paid if we may judge
from an agreement of 1258 between the Abbey of Glastonbury and Henry
de Fernbureg, by which the latter bound himself to defend by battle
the rights of the abbey to certain manors against the Bishop of Bath
and Wells, for which he is to receive thirty sterling marks, of which
ten are to be paid when battle is gaged, five when he is shaved for
the combat, and on the day of the duel fifteen are to be placed in
the hands of a third party to be paid over to him if he strikes a
single blow.[658] Sometimes, however, gentlemen did not disdain to
serve God by fighting for the Church in special cases, as when, so
late as the middle of the fourteenth century, the priory of Tynemouth
had a suit with a troublesome neighbor, Gerard de Widdrington, over
the manor of Hawkshaw, and Sir Thomas Colville, who had won great
renown in the French wars, appeared in court as its champion and
offered the combat. No one could be found hardy enough to accept his
challenge and the manor was adjudged to the priory.[659] There was,
moreover, another class of champions of the Church who occupied a
distinguished position, and were bound to defend the interests of
their clients in the field as well as in the court and in the lists;
they also led the armed retainers of the church when summoned by the
suzerain to national war. The office was honorable and lucrative, and
was eagerly sought by gentlemen of station, who turned to account the
opportunities of aggrandizement which it afforded; and many a noble
family traced its prosperity to the increase of ancestral property
thus obtained, directly or indirectly, by espousing the cause of fat
abbeys and wealthy bishoprics, as when, in the ninth century, the Abbot
of Figeac, near Cahors, bestowed on a neighboring lord sixty churches
and five hundred mansi on condition of his fighting the battles of the
abbey.[660] The influence of feudalism early made itself felt, and the
office of _Vidame_ or _Avoué_ became generally hereditary, after which
its possessors, for the most part, rendered themselves independent of
their benefactors, their exactions and spoliations becoming a favorite
theme of objurgation among churchmen, who regarded them as the worst
enemies of the foundations which they had sworn to protect.[661] In
many instances the position was a consideration obtained for donations
bestowed upon churches, so that in some countries, and particularly
in England, the title of _advocatus_ became gradually recognized as
synonymous with patron. Thus, one of the worst abuses of the Anglican
Church is derived from this source, and the forgotten wrongs of the
Middle Ages are perpetuated, etymologically at least, in the advowson
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