Legal antiquities : $b A collection of essays upon ancient laws and customsWhite, Edward J. (Edward Joseph)
History
Legal antiquities : $b A collection of essays upon ancient laws and customs
White, Edward J. (Edward Joseph)
Criminal law -- History; Law -- History; Law, Ancient; Punishment -- History
Judicial duels, or combats by individuals, according to forms of law,
obtained among the ancient Goths, in Sweden,[8] and this form of
“searching out hidden truths,” as Selden observes, was practiced by the
Russians, Hungarians, Almains and Normans.[9]
History records that the Emperor Otho, A. D. 983, at Verona, held a diet
at which were assembled many lords and princes from France, Germany
and Italy and in order to discourage perjury in judicial trials, the
convention substituted the trial by battle in all cases, in lieu of the
oaths or testimony of witnesses.[10]
In the early feudal ages, “when knighthood was in flower,” chivalry
played no small part in the growth and development of the fixed rules
governing the trial by battle.[11] Chivalry has always been in the
world, but it finds expression according to the customs obtaining in the
different stages of man’s growth and development. Because fighting was
then the order of the day, in the olden times, knights were sacrificed
by personal combat, for their ladies faire. When trial by battle was
on the decline, Sir Walter Raleigh expressed the spirit of chivalry of
that period, by spreading his cloak upon the ground for his queen to
walk upon. And in this our twentieth century, with the progress of the
race,—be it ever recorded to the credit of the manhood of the period—this
same spirit was exemplified by the splendid lesson of hundreds of noble
men heroically accepting the terrors of a mighty sea, in order to rescue
the women and children from a sinking ship.[12]
The deeds of knighthood, in the England of the middle ages, came to be
gauged according to fixed and settled rules and customs and finally
the _Court of Honor_, was recognized, the same as the court of civil
procedure, for the trial of affairs of honor, for, says Blackstone: “This
court of chivalry, can order reparation at the point of honor.”[13]
The proceedings of this court were by petition, in a summary manner, and
the trial, instead of by a jury, as at the present day, with witnesses,
was by individual combat.[14]
The _Court of Honor_ was not a court of record and it could not imprison,
but the marshalling of arms, was then the pride of the best families of
the kingdom and the success in these affairs of honor, because of the
spirit of chivalry of the times, was just as much guarded as was the
attainment of justice through the procedure of the civil courts. Heralds
and knights seconded and backed up the appeals of the principals in such
encounters and the sacrifice of the individual in these mortal combats
was regarded as a trifle, compared to the preservation of the family name
and honor and since his attainder and the corruption of his blood and
family name depended upon his success in the combat, the wager of battle
was welcomed, as the only vindication of one’s manhood and honor.
Public-domain text, read in full here on John Shaqi.
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