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
So far was this liability to the duel from being deemed a hardship
by the turbulent spirits of the period, that clerks not infrequently
disdained to sustain their rights by the intervention of a champion,
and boldly entered the lists themselves. In 1080 the Synod of
Lillebonne adopted a canon punishing by a fine such belligerent
churchmen as indulged in the luxury of duels without having first
obtained from their bishops a special license authorizing it.[468]
About the same period, Geoffrey, Abbot of Vendôme, in a letter to the
Bishop of Saintes, complains of one of his monks who had fought in a
judicial duel with a clerk of Saintes.[469] The practice continued,
and though forbidden by Pope Innocent II. in 1140,[470] Alexander III.
and Clement III. found it necessary to repeat the prohibition before
the close of the century.[471] Yet Alexander, when appealed to with
respect to a priest of the Campagna who had lost a finger in a duel,
decided that neither the offence nor the mutilation debarred him from
the exercise of his sacerdotal functions, and only directed him to
undergo due penance.[472] The progress of the age, however, was shown
when, about thirty years afterwards, Celestin III. pronounced sentence
of deposition in a similar case submitted to him;[473] and this was
formally and peremptorily confirmed by Innocent III. at the great
council of Lateran in 1215.[474]
That the peaceful ministers of Christ should vindicate their rights
with the sword, either personally or by proxy, was a sacrilege
abhorrent to pious minds. As early as the middle of the ninth century,
Nicholas I., who did so much to establish the supremacy of the church,
endeavored to emancipate it from this necessity, and declared that
the duel was not recognized by ecclesiastical law.[475] The utmost
privilege which the secular law accorded the clergy, however, was the
right of presenting a champion in the lists, which zealous churchmen
naturally resented as an arbitrary injustice.[476] How thoroughly it
was carried out in practice, notwithstanding all remonstrances, is
shown by a charter granted in 1024 by St. Stephen of Hungary to the
monastery of St. Adrian of Zala, by which, among other privileges, the
pious king bound himself to supply a champion in all suits against
the abbey, in order that the holy meditations of the monks might not
be interrupted.[477] Not long after, in 1033, the celebrated abbey
of St. Clement at Pescara was involved in a dispute concerning some
lands which had been cut off from its possessions by a change in the
course of the river Pescara, and had been seized by the lords of the
contiguous territory. At an assembly of the magnates of the district
it was adjudged that the matter must be settled by the duel. The
night before the combat was to take place the holy abbot Guido, after
enjoining earnest prayers by all the monks, sallied forth alone to
the banks of the stream and stretching forth his staff adjured the
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