14 (return) [ Without comparing Pachymer to Thucydides or Tacitus, I will praise his narrative, (l. i. c. 13—32, l. ii. c. 1—9,) which pursues the ascent of Palæologus with eloquence, perspicuity, and tolerable freedom. Acropolita is more cautious, and Gregoras more concise.] 15 (return) [ The judicial combat was abolished by St. Louis in his own territories; and his example and authority were at length prevalent in France, (Esprit des Loix, l. xxviii. c. 29.)] 16 (return) [ In civil cases Henry II. gave an option to the defendant: Glanville prefers the proof by evidence; and that by judicial combat is reprobated in the Fleta. Yet the trial by battle has never been abrogated in the English law, and it was ordered by the judges as late as the beginning of the last century. * Note : And even demanded in the present.—M.] 17 (return) [ Yet an ingenious friend has urged to me in mitigation of this practice, 1. _That_ in nations emerging from barbarism, it moderates the license of private war and arbitrary revenge. 2. _That_ it is less absurd than the trials by the ordeal, or boiling water, or the cross, which it has contributed to abolish. 3. _That_ it served at least as a test of personal courage; a quality so seldom united with a base disposition, that the danger of a trial might be some check to a malicious prosecutor, and a useful barrier against injustice supported by power. The gallant and unfortunate earl of Surrey might probably have escaped his unmerited fate, had not his demand of the combat against his accuser been overruled.]