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
It is easy to multiply examples illustrating this. John van Arckel, a
knight of Holland, followed Godfrey of Bouillon to the first crusade.
When some German forces joined the army, a Tyrolese noble, seeing
van Arckel’s arms displayed before his tent, and recognizing them
as identical with his own, ordered them torn down. The insult was
flagrant, but the injured knight sought no immediate satisfaction
for his honor. He laid the case before the chiefs of the crusade as
a judicial matter; an examination was made, and both parties proved
their ancestral right to the same bearings. To decide the conflicting
and incompatible pretensions, the judges ordered the judicial combat,
in which van Arckel deprived his antagonist of life and quarterings
together, and vindicated his claim to the argent 2 bars gules, which
in gratitude to Heaven he bore for eight long years in Palestine. This
was not a quarrel on a punctilio, nor a mode of obtaining redress for
an insult, but an examination into a legal question which admitted of
no other solution according to the manners of the age.[289] When, after
the Sicilian Vespers, the wily Charles of Anjou was sorely pressed by
his victorious rival Pedro III. of Aragon, and desired to gain time
in order to repress a threatened insurrection among his peninsular
subjects, he sent a herald to Don Pedro to accuse him of bad faith in
having commenced the war without defiance. The fiery Catalan fell into
the snare, and in order to clear himself of the charge, which was not
ill-founded, he offered to meet his accuser in combat and determine
their rights to the Sicilian throne. The terms were laboriously settled
by six representatives of each king and were signed by the principals
December 26, 1282; they were to meet, with a hundred knights on each
side, June 1, 1283, in the neutral territory of Bordeaux and fight it
out in the presence of Edward I. of England or of his deputy, and each
swore that if he failed to be present he would forever hold himself as
false and perjured and deprived of the royal station and dignity. When
Charles applied to his cousin Edward to grant the _champ-clos_ the
latter emphatically replied that for the crowns of the Two Sicilies
he would not be judge in such a combat; Martin II. chimed in with a
bull forbidding him to serve, and the combat never took place, Charles
of Anjou having obtained his purpose in the intervening suspension of
arms.[290] Nothing more picturesquely romantic is to be found in the
annals of chivalry than Muntaner’s relation of Don Pedro’s secret ride
to Bordeaux and his appearance on the day appointed in the lists where
Edward’s seneschal was unable to guarantee him a fair field.[291] So
the challenge which Richard II., in 1383, sent to Charles VI. wore
the aspect of the judicial duel to decide their claims to the realms
of France under the judgment of God.[292] Though practically these
challenges may differ little from that of Antony, still their form and
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