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
Difference of condition thus became an impediment to the duel, and
formed the subject of many regulations, varying with circumstance and
locality. The free mountaineers of Béarn, as has been seen, placed the
prince and the subject on an equality before the law, but this was
a rare example of independence, and the privileges of station were
sometimes exhibited in their most odious form. In France, for instance,
while the battle trial could take place between the gentilhomme and
the _vilain_, the former was secured by the distinction that if the
villein presumed to challenge him, he enjoyed the right of fighting on
horseback with knightly weapons, while the challenger was on foot and
armed only with shield and staff; but if the gentleman condescended
to challenge the villein, they met on equal terms.[445] This last
regulation was enforced with impartial justice, for Beaumanoir mentions
a case in which a gentleman challenged a roturier, and presented
himself in the lists mounted and armed with his knightly weapons. The
defendant protested against this illegal advantage, and the judges
decided that the gentleman had forfeited his horse and arms, and that
if he desired to continue the combat he must do so in the condition
in which he was left by the disarmament—in his shirt without armor
or weapons, while his adversary should retain coat of mail, target,
and club.[446] The barbarous injustice of the general rule, moreover,
was by no means of universal application. Pierre de Fontaines, for
instance, directs that in cases of appeal from a roturier to a
gentleman the combat shall take place on foot between champions;[447]
and I find a case recorded in 1280, in which a _femme de corps_ of
Aimeri de Rochechouart accused the Sire de Montricher of burning her
houses, and as the duel was adjudged she placed in the lists an armed
and mounted knight as her champion, to whom no objection seems to have
been made.[448]
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