Glimpses of the dark ages : $b or, Sketches of the social condition of Europe, from the fifth to the twelfth centuryAnonymous
History
Glimpses of the dark ages : $b or, Sketches of the social condition of Europe, from the fifth to the twelfth century
Anonymous
Civilization, Medieval
Ere long, he receives another summons, not to perform the service of
a soldier, but to discharge the functions of a judge. It has been
noticed already that the baron has a legislative and judicial
authority over his own territories; but it is necessary that his
knightly vassals, who are peers of his court, should attend to aid
his councils, and to unite with him in the decision of such cases as
may be submitted to his tribunal. The assembled vassals may be seen
standing about that little mound of earth in the court-yard, which is
the place of justice, and there our young knight mingles among them.
By this baron's court is possessed the power of life and death--or
_la haute justice_, as it is called--a prerogative not confined to
barons of the highest class, but extended to all châtelains, or
possessors of castles, and sometimes even to the inferior nobility;
an odd distinction, however, is kept up among them, in the form of
the instrument of death which they employ, for the baron's gallows
may have three posts, or supporters, the châtelains but two, and the
inferior lord only one.
In the present instance, the court is summoned to determine a case of
disputed civil right between two tenants. It is difficult to decide
the point: the defendant impugns the statement of the plaintiff,
declares him perjured, and, throwing down his gage, appeals to the
judgment of God, and claims trial by combat. This practice has
succeeded the trial by ordeal, and is of the same absurd and cruel
character; for the man who, perhaps, has already been deprived of his
rights, is now in danger of being deprived of life. The privilege of
making this appeal extends still further, and even were the case
adjudged by the baron's court, the party who conceived he had
suffered wrong, might call his judges into the field, and decide the
question by the sword. The wager of battle just thrown down by the
defendant is accepted by his adversary, and the day of combat is
appointed by the baron. They are to meet on horseback, accoutred as
knights, for they are of gentle blood--were they plebeians, they
would be armed with club and target. They must fight till one party
is slain or cries for mercy. In the latter case the person who gives
in will lose his cause, and be further subject to a fine. Women,
ecclesiastics, and men above sixty years of age, may employ champions
to assert their cause in the field of combat; but should the proxy
yield, he is liable to have his right hand cut off.
Public-domain text, read in full here on John Shaqi.
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