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
How powerful were the influences thus brought to bear against the
innovation is shown by the fact that when the mild but firm hand
of St. Louis no longer grasped the sceptre, his son and successor
could not maintain his father’s laws. In 1280 there is a record of
a duel adjudged in the king’s court between Jeanne de la Valete and
the Sire of Montricher on an accusation of arson;[738] and about 1283
Philippe even allowed himself to preside at a judicial duel, scarcely
more than twenty years after the promulgation of the ordonnance of
prohibition.[739] The next monarch, Philippe le Bel, was at first
guilty of the same weakness, for when in 1293 the Count of Armagnac
accused Raymond Bernard of Foix of treason, a duel between them was
decreed, and they were compelled to fight before the king at Gisors;
though Robert d’Artois interfered after the combat had commenced, and
induced Philippe to separate the antagonists.[740] Philippe, however,
was too astute not to see that his interests lay in humbling feudalism
in all its forms; while the rapid extension of the jurisdiction of the
crown, and the limitations on the seignorial courts, so successfully
invented and asserted by the lawyers, acting by means of the Parlement
through the royal bailiffs, gave him power to carry his views into
effect such as had been enjoyed by none of his predecessors. Able and
unscrupulous, he took full advantage of his opportunities in every way,
and the wager of battle was not long in experiencing the effect of his
encroachments. Still, he proceeded step by step, and the vacillation of
his legislation shows how obstinate was the spirit with which he had
to deal. In 1296 he prohibited the judicial duel in time of war, and
in 1303 he was obliged to repeat the prohibition.[741] It was probably
not long after this that he interdicted the duel wholly[742]—possibly
impelled thereto by a case occurring in 1303, in which he is described
as forced to grant the combat between two nobles, on an accusation
of murder, very greatly against his wishes, and in spite of all his
efforts to dissuade the appellant.[743]
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