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
During this long period, examples are to be found which show that
although the combat was falling into disuse, it was still a legal
procedure, which in certain cases could be claimed as a right, or which
could be decreed and enforced by competent judicial authority. Among
the privileges of the town of Valenciennes was one to the effect that
any homicide taking refuge there could swear that the act had been
committed in self-defence, when he could be appealed only in battle.
This gave occasion to a combat in 1455 between a certain Mahuot and
Jacotin Plouvier, the former of whom had killed a kinsman of the
latter. Neither party desired the battle, but the municipal government
insisted upon it, and furnished them with instructors to teach the
use of the club and buckler allowed as arms. The Comte de Charolois,
Charles le Téméraire, endeavored to prevent the useless cruelty, but
the city held any interference as an infringement of its chartered
rights; and, after long negotiations, Philippe le Bon, the suzerain,
authorized the combat and was present at it. The combatants, according
to custom, had the head shaved and the nails pared on both hands and
feet; they were dressed from head to foot in a tight-fitting suit of
hardened leather, and each was anointed with grease to prevent his
antagonist from clutching him. The combat was long and desperate,
but at length the appellant literally tore out the heart of his
antagonist.[776] Such incidents among roturiers, however, were rare.
More frequently some fiery gentleman claimed the right of vindicating
his quarrel at the risk of his life. Thus, in 1482, shortly after
the battle of Nancy had reinstated René, Duke of Lorraine, on the
ruins of the second house of Burgundy, two gentlemen of the victor’s
court, quarrelling over the spoils of the battle-field, demanded
the _champ-clos_; it was duly granted, and on the appointed day the
appellant was missing, to the great discomfiture and no little loss
of his bail.[777] When Charles d’Armagnac, in 1484, complained to the
States General of the inhuman destruction of his family, committed by
order of Louis XI., the Sieur de Castlenau, whom he accused of having
poisoned his mother, the Comtesse d’Armagnac, appeared before the
assembly, and, his advocate denying the charge, presented his offer
to prove his innocence by single combat.[778] In 1518, Henry II. of
Navarre ordered a judicial duel at Pau between two contestants, of whom
the appellant made default; the defendant was accordingly pronounced
innocent, and was empowered to drag through all cities, villages, and
other places through which he might pass, the escutcheon and effigy of
his adversary, who was further punished by the prohibition thenceforth
to wear arms or knightly bearings.[779] In 1538, Francis I. granted
the combat between Jean du Plessis and Gautier de Dinteville, which
would appear to have been essentially a judicial proceeding, since the
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account