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 Russia, under the code known as the Ulogenié Zakonof, promulgated in
1498, any culprit, after his accuser’s testimony was in, could claim
the duel; and as both parties went to the field accompanied by all the
friends they could muster, the result was not infrequently a bloody
skirmish. These abuses were put an end to by the Sudebtnick, issued in
1550, and the duel was regulated after a more decent fashion, but it
continued to flourish legally until it was finally abrogated in 1649
by the Czar Alexis Mikhailovich, in the code known as the Sobornoié
Ulogenié. The more enlightened branch of the Slavonic race, however,
the Poles, abolished it in the fourteenth century; but Macieiowski
states that in Servia and Bulgaria the custom has been preserved to the
present day.[796]
In other countries, the custom likewise lingered to a comparatively
late period. Scotland, indeed, was somewhat more forward than her
neighbors; for in the year 1400, her Parliament showed the influence of
advancing civilization by limiting the practice in several important
particulars, which, if strictly observed, must have rendered it almost
obsolete. Four conditions were pronounced essential prerequisites: the
accusation must be for a capital crime; the offence must have been
committed secretly and by treachery; reasonable cause of suspicion must
be shown against the accused, and direct testimony both of witnesses
and documents must be wanting.[797]
Still the “perfervidum ingenium Scotorum” clung to the arbitrament of
the sword with great tenacity. In 1532 Sir James Douglass accused his
son-in-law Robert Charteris of treason, and the charge was settled
by a judicial duel in the presence of James V., who put an end to it
when Charteris’s sword broke.[798] Knox relates that in 1562, when
the Earl of Arran was consulting with him and others respecting a
proposed accusation against Bothwell for high treason, arising out
of a plan for seizing Queen Mary which Bothwell had suggested, the
earl remarked, “I know that he will offer the combate unto me, but
that would not be suffered in France, but I will do that which I have
proposed.” In 1567, also, when Bothwell underwent a mock trial for
the murder of Darnley, he offered to justify himself by the duel; and
when the Lords of the Congregation took up arms against him, alleging
as a reason the murder and his presumed designs against the infant
James VI., Queen Mary’s proclamation against the rebels recites his
challenge as a full disproval of the charges. When the armies were
drawn up at Carberry Hill, Bothwell again came forward and renewed
his challenge. James Murray, who had already offered to accept it,
took it up at once, but Bothwell refused to meet him on account of the
inequality in their rank. Murray’s brother, William of Tullibardin,
then offered himself, and Bothwell again declined, as the Laird of
Tullibardin was not a peer of the realm. Many nobles then eagerly
Public-domain text, read in full here on John Shaqi.
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