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
The next century affords ample evidence of the growing favor in which
the judicial combat was held. About the year 930, Hugh, King of
Provence and Italy, becoming jealous of his uterine brother, Lambert,
Duke of Tuscany, asserted him to be a supposititious child, and ordered
him in future to claim no relationship between them. Lambert, being
“vir ... bellicosus et ad quodlibet facinus audax,” contemptuously
denied the aspersion on his birth, and offered to clear all doubts on
the subject by the wager of battle. Hugh accordingly selected a warrior
named Teudinus as his champion; Lambert was victor in the ensuing
combat, and was universally received as the undoubted son of his
mother. His triumph, however, was illegally brought to a sudden close,
for Hugh soon after succeeded in making him prisoner and deprived him
of eyesight.[353] Still, the practice continued to be denounced by some
enlightened ecclesiastics, represented by Atto, Bishop of Vercelli,
who declared it to be totally inapplicable to churchmen and not to be
approved for laymen on account of the uncertainty of its results;[354]
but representations of this kind were useless. About the middle of
the century, Otho the Great appears, throwing the enormous weight of
his influence in its favor. As a magnanimous and warlike prince, the
wager of battle appears to have possessed peculiar attraction for
his chivalrous instincts, and he extended its application as far as
lay in his power. Not only did he force his daughter Liutgarda, in
defending herself from a villanous accusation, to forego the safer
modes of purgation, and to submit herself to the perilous decision of a
combat,[355] but he also caused the abstract question of representation
in the succession of estates to be settled in the same manner; and to
this day in Germany the division of a patrimony among children and
grandchildren is regulated in accordance with the law enacted by the
doughty arms of the champions who fought together nine hundred years
ago at Steil.[356] There was no question, indeed, which according to
Otho could not be satisfactorily settled in this manner. Thus when, in
963, he was indulging in the bitter recriminations with Pope John XII.
which preceded the subjugation of the papacy under the Saxon emperors,
he had occasion to send Bishop Liutprand to Rome to repel certain
accusations brought against him, and he ordered the armed followers of
his ambassador to sustain his assertions by the duel; a proposition
promptly declined by the pontiff, skilled though he was in the use
of weapons.[357] A duellist, in fact, seems to have been reckoned a
necessary adjunct to diplomacy, for when, in 968, the same Liutprand
was dispatched by Otho to Constantinople on a matrimonial mission,
and during the negotiations for the hand of Theophania a discussion
arose as to the circumstances which had led to Otho’s conquest of
Italy, the warlike prelate offered to prove his veracity by the sword
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