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
In 1386, the Parlement of Paris was occupied with a subtle discussion
as to whether the accused was obliged, in cases where battle was gaged,
to give the lie to the appellant, under pain of being considered to
confess the crime charged, and it was decided that the lie was not
essential.[764] The same year occurred the celebrated duel between
the Chevalier de Carrouges and Jacques le Gris, to witness which the
king shortened a campaign, and in which the appellant was seconded by
Waleran, Count of St. Pol, son-in-law of the Black Prince. Nothing can
well be more impressive than the scene so picturesquely described by
Froissart. The cruelly wronged Dame de Carrouges, clothed in black,
is mounted on a sable scaffold, watching the varying chances of the
unequal combat between her husband, weakened by disease, and his
vigorous antagonist, with the fearful certainty that, if strength alone
prevail, he must die a shameful death and she be consigned to the
stake. Hope grows faint and fainter; a grievous wound seems to place
Carrouges at the mercy of his adversary, until at the last moment,
when all appeared lost, she sees the avenger drive his sword through
the body of his prostrate enemy, vindicating at once his wife’s honor
and his own good cause.[765] Froissart, however, was rather an artist
than an historian; he would not risk the effect of his picture by too
rigid an adherence to facts, and he omits to mention, what is told by
the cooler Juvenal des Ursins, that Le Gris was subsequently proved
innocent by the death-bed confession of the real offender.[766] To make
the tragedy complete, the Anonyme de S. Denis adds that the miserable
Dame de Carrouges, overwhelmed with remorse at having unwittingly
caused the disgrace and death of an innocent man, ended her days in a
convent.[767] So striking a proof of the injustice of the battle ordeal
is said by some writers to have caused the abandonment of the practice;
but this, as will be seen, is an error, though no further trace of the
combat as a judicial procedure is to be found on the registers of the
Parlement of Paris.[768]
Still, it was popularly regarded as an unfailing resource. Thus, in
1390, two women were accused at the Châtelet of Paris of sorcery. After
repeated torture, a confession implicating both was extracted from
one of them, but the other persisted in her denial, and challenged
her companion to the duel by way of disproving her evidence. In the
record of the proceedings the challenge is duly entered, but no notice
whatever seems to have been taken of it by the court, showing that it
was no longer a legal mode of trial in such cases.[769]
Public-domain text, read in full here on John Shaqi.
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