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
But the loss of money was less important than the curtailment of
privilege and the threatened absorption of power of which this reform
was the precursor. Every step in advancing the influence of peaceful
justice, as expounded by the jurists of the royal courts, was a heavy
blow to the independence of the feudatories. They felt their ancestral
rights assailed at the weakest point, and they instinctively recognized
that, as the jurisdiction of the royal bailiffs became extended, and as
appeals to the court of the Parlement of Paris became more frequent,
their importance was diminished, and their means of exercising a petty
tyranny over those around them were abridged. Entangled in the mazes of
a code in which the unwonted maxims of Roman law were daily quoted with
increasing veneration, the impetuous seigneur found himself the prey
of those whom he despised, and he saw that subtle lawyers were busily
undoing the work at which his ancestors had labored for centuries.
These feelings are well portrayed in a song of the period, exhumed
not long since by Le Roux de Lincy. Written apparently by one of the
sufferers, it gives so truthful a view of the conservative ideas of the
thirteenth century that a translation of the first stanza may not be
amiss:—
Gent de France, mult estes esbahis!
Je di à touz ceus qui sont nez des fiez, etc.[736]
Ye men of France, dismayed and sore
Ye well may be. In sooth, I swear,
Gentles, so help me God, no more
Are ye the freemen that ye were!
Where is your freedom? Ye are brought
To trust your rights to inquest law,
Where tricks and quibbles set at naught
The sword your fathers wont to draw.
Land of the Franks!—no more that name
Is thine—a land of slaves art thou,
Of bondsmen, wittols, who to shame
And wrong must bend submissive now!
Even legists—de Fontaines, whose admiration of the Digest led him on
all occasions to seek an incongruous alliance between the customary
and imperial law, and Beaumanoir, who in most things was far in
advance of his age, and who assisted so energetically in the work of
centralization—even these enlightened lawyers hesitate to object to the
principles involved in the battle trial, and while disapproving of the
custom, express their views in language which contrasts strongly with
the vigorous denunciations of Frederic II. half a century earlier.[737]
Public-domain text, read in full here on John Shaqi.
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