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 turning from the nicely poised and elaborate provisions of the
Imperial laws to the crude jurisprudence of the Barbarian hordes who
gradually inherited the crumbling remains of the Empire of the West,
we enter into social and political conditions so different that we
are naturally led to expect a corresponding contrast in every detail
of legislation. For the cringing suppliant of the audience chamber,
abjectly prostrating himself before a monarch who combines in his own
person every legislative and executive function, we have the freeman
of the German forests, who sits in council with his chief, who frames
the laws which both are bound to respect, and who pays to that chief
only the amount of obedience which superior vigor and intellect may be
able to enforce. The structure of such a society is fairly illustrated
by the incident which Gregory of Tours selects to prove the kingly
qualities of Clovis. During his conquest of Gaul, and before his
conversion, his wild followers pillaged the churches with little
ceremony. A bishop, whose cathedral had suffered largely, sent to the
king to request that a certain vase of unusual size and beauty might be
restored to him. Clovis could only promise that if the messenger would
accompany him to Soissons, where the spoils were to be divided, and if
the vase should chance to fall to his share, it should be restored.
When the time came for allotting the plunder, he addressed his men,
requesting as a special favor that the vase might be given to him
before the division, but a sturdy soldier, brandishing his axe, dashed
it against the coveted article, exclaiming, “Thou shalt take nothing
but what the lot assigns to thee.” For a year, Clovis dissembled his
resentment at this rebuff, but at length, when opportunity offered, he
was prompt to gratify it. While reviewing and inspecting his troops,
he took occasion to reproach bitterly the uncourtly Frank with the
condition of his weapons, which he pronounced unserviceable. The
battle-axe excited his especial displeasure. He threw it angrily to the
ground, and as the owner stooped to pick it up, Clovis drove his own
into the soldier’s head, with the remark, “It was thus you served the
vase at Soissons.”[1456]
Public-domain text, read in full here on John Shaqi.
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