in duration, the Truce of God must again be proclaimed for all places
and all times,--proclaimed to all mankind and all nations, without
distinction of person or calling, on all days of the week, without
distinction of sacred days or festivals, and with one universal asylum,
not merely the church and the plough, but every place and thing.
[38] Robertson, Hist. of Charles V., Vol. I. note 21. Semichon, La Paix
et la Trève de Dieu, Tom. II. pp. 35, 53.
* * * * *
From Private Wars, whose best lesson is the Truce of God, by which for
a time they were hushed, I come to the _Judicial Combat_, or Trial by
Battle, where, as in a mirror, we behold the barbarism of War, without
truce of any kind. Trial by Battle was a formal and legitimate mode of
deciding controversies, principally between individuals. Like other
ordeals, by walking barefoot and blindfold among burning ploughshares,
by holding hot iron, by dipping the hand in hot water or hot oil,
and like the great Ordeal of War, it was a presumptuous appeal to
Providence, under the apprehension and hope that Heaven would give the
victory to him who had the right. Its object was the very object of
War,--_the determination of Justice_. It was sanctioned by Municipal
Law as an arbitrament for individuals, as War, to the scandal of
civilization is still sanctioned by International Law as an arbitrament
for nations. "Men," says the brilliant Frenchman, Montesquieu, "subject
even their prejudices to rules"; and Trial by Battle, which he does
not hesitate to denounce as a "monstrous usage," was surrounded
by artificial regulations of multifarious detail, constituting an
extensive system, determining how and when it should be waged, as War
is surrounded by a complex code, known as the Laws of War. "Nothing,"
says Montesquieu again, "could be more contrary to good sense, but,
once established, it was executed with a certain prudence,"--which
is equally true of War. No battle-field for an army is selected with
more care than was the field for Trial by Battle. An open space in the
neighborhood of a church was often reserved for this purpose. At the
famous Abbey of Saint-Germain-des-Prés, in Paris, there was a tribune
for the judges, overlooking the adjoining meadow, which served for the
field.[39] The combat was inaugurated by a solemn mass, according to a
form still preserved, _Missa pro Duello_, so that, in ceremonial and
sanction, as in the field, the Church was constantly present. Champions
were hired, as soldiers now.[40]
[39] Sismondi, Hist. des Français, Part. V. ch. 9, Tom. X. p. 514.
Public-domain text, read in full here on John Shaqi.
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