The age of the crusadesLudlow, James M. (James Meeker)
History
The age of the crusades
Ludlow, James M. (James Meeker)
Crusades
This ethical degradation was reflected in the low state of the laws, if
the changeable wills or whims of a host of petty lords can be dignified
with the title of legislation. Power claimed possession with little
regard for the method of acquisition. Disputes, when relegated to the
pretence of a court, were tried not by weighing evidence, but by
counting the number of compurgators, that is, of those persons who would
swear that they believed the oath of one or the other party. When the
contestants were gentlemen or of the noble order, the cases were
arbitrated on the field of Private Combat. Even the judge or referee of
the combat was himself liable to challenge from either party that felt
itself aggrieved by his decision. Priests, invalids, and women were
accustomed to choose some one from among their relatives or friends to
champion their cause. There was no appeal to candid judgment after a
full hearing of the facts, except in case of dispute between slaves,
villains, and freemen of inferior condition, whose owners or lords might
be disposed to fair dealing. A relic of the mediæval custom of private
combat is the modern duel.
The personal encounter often grew to the dimensions of neighborhood war,
in which kinsmen and retainers were involved until entire districts were
laid waste. Neither the power of Charlemagne nor that of the church
prevailed against this unreasonable custom. The one exception to this
statement was the temporary lull in the carnage during what was known as
the Truce of God, an expedient agreed upon in certain places, according
to which raids and riots were confined to the half of the week
succeeding the Sabbath. But the adoption of this merciful rule forces
our attention to its necessity, since “man’s inhumanity to man” was
destroying entire populations as in a deluge of blood.
When for any reason the combat was inexpedient the question of right was
decided by the Ordeal. The accused party presumed to walk through fire
or on burning ploughshares, to handle hot iron, float upon water, plunge
the bare arm into a boiling caldron, or swallow a bit of consecrated
bread with appeal to Heaven to strike one dead if guilty. If one endured
the Ordeal unscathed he was said to be acquitted by the judgment of God.
It is not necessary to explain the apparent impunity with which some of
the worst criminals passed these trials, nor to cite the multitude of
cases in which persons of otherwise undoubted innocence were adjudged
guilty because they perished in this irrelevant attempt to vindicate
themselves. The fact that questions involving the most sacred rights of
the individual, such as the holding of property, the protection of the
body from mutilation on the rack, the retaining of life, and the
vindication of character, were not so much as brought to the court of
intelligence and conscience argues the degradation of both these
faculties.
Public-domain text, read in full here on John Shaqi.
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