Flowers of Freethought (Second Series)Foote, G. W. (George William)
Religion
Flowers of Freethought (Second Series)
Foote, G. W. (George William)
Free thought
Single combats, under the Gothic code, were fought according to judicial
forms. They were held, Robertson says, "as solemn appeals to the
omniscience and justice of the Supreme Being." Shakespeare is careful to
to notice this feature. When Bolingbroke and Norfolk, in _Richard II._,
challenge each other as traitors, the king consents to their duel in the
following terms:
At Coventry, upon Saint Lambert's day: There shall your swords and
lances arbitrate The swelling difference of your settled hate. Since we
cannot atone you, we shall see Justice design the victor's chivalry.
Modern duelling is thus a survival of the old judicial combat. The
"point of honor" is the excuse for a practice which has lost its
original sanction. The appeal to God is forgotten, and the duellists
talk of "satisfaction." Illogical no doubt, but this is only one of many
customs that survive their original meaning.
Now the Church cannot hold itself guiltless in regard to this folly. She
cherished the superstition on which it rested. She taught the policy
of appealing to God, and only frowned on the particular method which
brought no grist to her mill. Her own methods were still more senseless.
Unless the laws of nature were constantly subverted, her ordeals must
have operated at random when they were not regulated by fraud. The hand
of guilt might be harder than that of innocence, and more likely to bear
a moment's contact with hot iron or boiling oil. Besides, as Montesquieu
observes, the poltroon stood the poorest chance in the judicial combat,
and the poltroon was more likely to be guilty than the man of courage.
The weak, of course, were at the mercy of the strong; but in one point,
at least, the combat had an obvious advantage over the other ordeals.
How amusing it must have been to a sceptic, if such then existed, to
see the opposition between the nobles and the clergy. The nobles
said "Fight!" and the clergy cried "That is impious." The clergy said
"Swear!" and the nobles cried "That is sacrilege and leads to perjury."
No less amusing was the turn which combat took in Spain in the eleventh
century. There was a struggle between the Latin and the Gothic liturgy.
Aragon yielded to the papal pressure, but Castile thought the contest
should be decided by the sword. Accordingly, Mosheim tells us, two
champions were chosen; they fought, and the Latin liturgy was defeated.
But the Romish party was not satisfied. The two liturgies were thrown
into a fire, and the result of the ordeal was another triumph for
the Goths. Still the divine decisions are frail when opposed to the
interests of the Church. Queen Constantia, who controlled King Alphonso,
sided with the pontiff of Rome, and the priest and the lady carried the
day.
Though incorporated in the judicial system of Christendom, the duel is
scorned by the Turks, and was unknown to the Greeks and Romans. Lord
Bacon remarks this in one of his admirable law tracts:
Public-domain text, read in full here on John Shaqi.
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