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
his waist; the woman was armed with sword and buckler, but was not
allowed to approach nearer than a circle traced around the mouth of the
pit.[463]
The liability of ecclesiastics to the duel varied with the varying
relations between the church and state. As early as the year 819,
Louis le Débonnaire, in his additions to the Salic law, directs that,
in doubtful cases arising between laymen and ecclesiastics, the duel
between chosen witnesses shall be employed, but that when both parties
are clerical it shall be forbidden.[464] This restriction was not long
observed. A decree of the Emperor Guy, in 892, gives to churchmen the
privilege of settling their quarrels either by combat or by witnesses,
as they might prefer;[465] and, about the year 945, Atto of Vercelli
complains that the tribunals allowed to ecclesiastics no exemption
from the prevailing custom.[466] As we have seen (p. 131), Otho II.,
at the Council of Verona in 983, subjected the churches to the law of
the duel, only granting them the privilege of employing champions. Some
intricate questions involved in the coexistence of the Lombard and the
Roman law arose in a celebrated case between the Abbey of Farfa and
that of SS. Cosmo and Damianus of Rome, which was pleaded in 998 and
999 before Otho III. and Popes Gregory V. and Sylvester II. The Abbey
of Farfa proved that it lived under the Lombard law, while the other
was under the Roman law. It was decided, as the Abbey of Farfa desired,
that after hearing testimony the case should be settled by the duel,
but the witnesses of the Roman abbey were so manifestly perjured that
it was held not to have made out a case justifying an appeal to the
combat, and the churches in dispute were adjudged to Farfa.[467]
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