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
they had the right to offer battle to the latter.[682] Much more
efficient was the clause of the third _Keure_ of Bruges, granted in
1304 by Philip son of Count Guy of Flanders, which strictly prohibited
the duel. Any one who gave or received a wager of battle was fined
sixty sols, one-half for the benefit of the town, and the other for the
count.[683]
The special influence exercised by the practical spirit of trade in
rendering the duel obsolete is well illustrated by the privilege
granted, in 1127, by William Clito, to the merchants of St. Omer,
declaring that they should be free from all appeals to single combat in
all the markets of Flanders.[684] In a similar spirit, when Frederic
Barbarossa, in 1173, was desirous of attracting to the markets of
Aix-la-Chapelle and Duisbourg the traders of Flanders, in the code
which he established for the protection of such as might come, he
specially enacted that they should enjoy immunity from the duel.[685]
Even Russia found it advantageous to extend the same exemption to
foreign merchants, and in the treaty which Mstislas Davidovich made in
1228 with the Hanse-town of Riga, he granted to the Germans who might
seek his dominions immunity from liability to the red-hot iron ordeal
and wager of battle.[686]
Germany seems to have been somewhat later than France or Italy in
the movement, yet her burghers evidently regarded it with favor.
Frederic II., who recorded his disapproval of the duel in his Sicilian
Constitutions, was ready to encourage them in this tendency, and in his
charters to Ratisbon and Vienna he authorized their citizens to decline
the duel and clear themselves by compurgation,[687] while as early as
1219 he exempted the Nürnbergers from the appeal of battle throughout
the empire.[688] The burgher law of Northern Germany alludes to the
judicial combat only in criminal charges, such as violence, homicide,
housebreaking, and theft;[689] and this is limited in the statutes of
Eisenach, of 1283, which provide that no duel shall be adjudged in the
town, except in cases of homicide, and then only when the hand of the
murdered man shall be produced in court at the trial.[690] In 1291,
Rodolph of Hapsburg issued a constitution declaring that the burghers
of the free imperial cities should not be liable to the duel outside
of the limits of their individual towns,[691] and in the Kayser-Recht
this privilege is extended by declaring the burghers exempt from all
challenge to combat, except in a suit brought by a fellow-citizen.[692]
Notwithstanding this, special immunities continued to be granted,
showing that these general laws were of little effect unless supported
by the temper of the people. Thus Louis IV. in 1332 gave such a
privilege to Dortmund, and so late as 1355 Charles IV. bestowed it on
the citizens of Worms.[693]
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