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
Less creditable means were sometimes employed, and men did not
hesitate, with the unreasoning inconsistency characteristic of
superstition, to appeal to God and at the same time endeavor to
influence God’s judgment by the use of unlawful expedients. This
was not confined to the laity. In 1355 there was an important suit
between the Bishop of Salisbury and the Earl of Salisbury respecting
the ownership of a castle, in which the combat was adjudged. When
the champions entered the lists the customary examination of their
arms and accoutrements was made, and the combat was adjourned in
consequence, as it was said, of finding in the coat of the episcopal
champion certain rolls containing prayers and charms. The case was
finally compromised by the bishop paying fifteen hundred marks to the
earl for the disputed property.[387] That precautions against such
devices were deemed necessary is shown by the oath required of all
combatants, whether principals or champions, that they had on them no
charms or conjurations to affect the result.[388] A quaint formula for
this is the oath of the champion in the case of Low _vs._ Paramore in
1571—“This hear you justices that I have this day neither eat, drunk,
nor have upon me either bone, stone, ne glass or any enchantment,
sorcery, or witchcraft where-through the power of the Word of God might
be inleased or diminished and the devil’s power increased, and that my
appeal is true, so help me God and his saints and by this Book.”[389]
CHAPTER V.
LIMITATIONS ON THE WAGER OF BATTLE.
Public-domain text, read in full here on John Shaqi.
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