Charles Sumner: his complete works, volume 02 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 02 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
At a later day, in Germany, effective measures were taken against the
same prevailing evil. Contests there were not confined to feudal
lords. Associations of tradesmen, and even of domestics, sent defiance
to each other, and even to whole cities, on pretences trivial as those
sometimes the occasion of the Grand Wars between nations. There are
still extant _Declarations of War_ by a Lord of Frauenstein against
the free city of Frankfort, because a young lady of the city refused
to dance with the uncle of the belligerent,--by the baker and other
domestics of the Margrave of Baden against Esslingen, Reutlingen,
and other imperial cities,--by the baker of the Count Palatine
Louis against the cities of Augsburg, Ulm, and Rottweil,--by the
shoeblacks of the University of Leipsic against the provost and other
members,--and, in 1477, by the cook of Eppenstein, with his scullions,
dairy-maids, and dish-washers, against Otho, Count of Solms. Finally,
in 1495, at the Diet of Worms, so memorable in German annals, the
Emperor Maximilian sanctioned an ordinance which proclaimed a permanent
Peace throughout Germany, abolished the _right_ or "liberty" of Private
War, and instituted a Supreme Tribunal, under the ancient name of
Imperial Chamber, to which recourse might be had, even by nobles,
princes, and states, for the determination of disputes without appeal
to the sword.[294]
[294] Coxe, History of the House of Austria, Ch. XIX. and XXI.
* * * * *
_Trial by Battle_, or "judicial combat," furnishes the most vivid
picture of the Arbitrament of War, beyond even what is found in the
system of _Petty Wars_. It was at one period, particularly in France,
the universal umpire between private individuals. All causes, criminal
and civil, with all the questions incident thereto, were referred to
this senseless trial. Not bodily infirmity or old age could exempt a
litigant from the hazard of the Battle, even to determine differences
of the most trivial import. At last substitutes were allowed, and,
as in War, bravoes or champions were hired for wages to enter the
lists. The proceedings were conducted gravely according to prescribed
forms, which were digested into a system of peculiar subtilty and
minuteness,--as War in our day is according to an established code,
the Laws of War. Thus do violence, lawlessness, and absurdity shelter
themselves beneath the Rule of Law! Religion also lent her sanctions.
With presence and prayer the priest cheered the insensate combatant,
and appealed for aid to Jesus Christ, the Prince of Peace.
Public-domain text, read in full here on John Shaqi.
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