The Continental Monthly, Vol. 4, No. 5, November, 1863Various
History
The Continental Monthly, Vol. 4, No. 5, November, 1863
Various
Literature, Modern -- 19th century -- Periodicals; United States -- Politics and government -- 19th century -- Periodicals
In regard to marriage--the most important of social institutions--the
provisions of the canon law are mainly reproduced, with the genuine
German practice of joint possession of the property, as expressed in the
passage: _Sachés que nul home n'est si dreit heir au mort come est sa
feme._ ('No one so properly as the wife inherits the property of a
deceased husband.')
Still, however, oriental views left their traces upon this institution.
This appears in the facility with which a man could obtain a divorce
from his wife, and in the jealous strictness in regard to conjugal
infidelity. Vitry says:
'The pullans'--a name analogous to that of creole in the West
Indies, given to the descendants of the Crusaders in the
Orient--'have gone so far in their oriental zeal, that they no
longer allow their wives to go to church, to processions, or to any
religious exercises.'
When the council of Neapolis had provided cruel and barbarous
mutilations for persons unfaithful to the marriage vow, King Amalrick
issued the assize that 'the man who should detect his wife in the
commission of such offence, might without guilt kill both parties;' but
he added the very nice distinction, that 'if he killed _one_ party and
spared the _other_, he should, as a murderer, be hanged without grace.'
Perhaps this law may have been a device to save both parties; for a man
would naturally hesitate to undertake a work, failure to _complete_
which would cost him his life.
The last means everywhere for establishing truth was the judicial
combat. There are found, by way of exception, in the assizes of the
burghers' court, cases of the judgment of God by the fire test, in which
the defendant is acquitted of the charges against him, by holding in
his hand, without injury, for a given length of time, a red-hot iron.
Torture was sometimes prescribed, and the so called abrevement (water
test) used. The assize says:
'If the accused confess the crime charged, he shall be hanged; if
he do not confess, he shall be drawn to the torture, and kept in
the water until he shall confess, and shall then be immediately
hanged. But if he continue three days without confessing or dying
under torture'--a thing not easily imagined--'he shall be
imprisoned one year, and then set free.'
The complainant must prove a charge of murder, high treason, or
manslaughter, by single combat with the accused. Women, old men, and
non-combatants might be represented by a so-called champion.
John of Ibelin describes the combat as follows:
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account