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
The iron hand of Philippe was no sooner withdrawn than the nobles made
desperate efforts to throw off the yoke which he had so skilfully and
relentlessly imposed on them. His son, Louis Hutin, not yet firmly
seated on the throne, was constrained to yield a portion of the
newly-acquired prerogative. The nobles of Burgundy, for instance, in
their formal list of grievances, demanded the restoration of the wager
of battle as a right of the accused in criminal cases, and Louis was
obliged to promise that they should enjoy it according to ancient
custom.[754] Those of Amiens and Vermandois were equally clamorous, and
for their benefit he re-enacted the Ordonnance of 1306, permitting the
duel in criminal prosecutions where other evidence was deficient, with
an important extension authorizing its application to cases of theft,
in opposition to previous usage.[755] A legal record, compiled about
1325 to illustrate the customs of Picardy, shows by a group of cases
that it was still quite common, and that indeed it was the ordinary
defence in accusations of homicide.[756] The nobles of Champagne
demanded similar privileges, but Louis, by the right of his mother,
Jeanne de Champagne, was Count of Champagne, and his authority was
less open to dispute. He did not venture on a decided refusal, but an
evasive answer, which was tantamount to a denial of the request,[757]
showed that his previous concessions were extorted, and not willingly
granted. Not content with this, the Champenois repeated their demand,
and received the dry response, that the existing edicts on the subject
must be observed.[758]
The threatened disturbances were avoided, and during the succeeding
years the centralization of jurisdiction in the royal courts made rapid
progress. It is a striking evidence of the successful working of the
plans of St. Louis and Philippe le Bel that several ordonnances and
charters granted by Philippe le Long in 1318 and 1319, while promising
reforms in the procedures of the bailiffs and seneschals, and in the
manner of holding inquests, are wholly silent on the subject of the
duel, affording a fair inference that complaints on that score were
no longer made.[759] Philip of Valois was especially energetic in
maintaining the royal jurisdiction, and when in 1330 he was obliged
to restrict the abusive use of appeals from the local courts to
the Parlement,[760] it is evident that the question of granting or
withholding the wager of battle had become practically a prerogative of
the crown. That the challenging of witnesses must ere long have fallen
into desuetude is shown by an edict of Charles VI., issued in 1396,
by which he ordered that the testimony of women should be received in
evidence in all the courts throughout his kingdom.[761]
Public-domain text, read in full here on John Shaqi.
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