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
If the vanquished man did not fight for himself, but as a substitute,
his lot was subject to some variation; if he fought for a woman, then
not _he_, but the _woman_, was to be hanged; if he fought for a witness
who had been accused of perjury in a civil suit, then the champion was
to be hanged and the perjured man merely lost his right of testifying on
oath; in case of representing any of the principal parties in a criminal
process, a vanquished champion and the person whom he represented were
both to be hanged; and in case of representing a witness in a criminal
case, the _vanquished champion the witness, and the complainant were all
hanged_.
It is easily perceived that in such single combat the judgment of God
was not upon the main question, but upon the question which of the two
had committed perjury. So in case of the application of the single
combat in civil suits, which, however, could take place only when the
amount claimed was at least one mark.
Whoever prosecuted a claim must establish it by at least two witnesses;
and if he brought these, the defendant could not establish the contrary
by better witnesses or documents, but must either submit, or convict the
witnesses of perjury. This was done as follows: When the first witness,
kneeling, had taken the oath, the defendant stepped forward, took hold
of the witness' thumb, and raised him up, declaring him a false and
perjured witness, and that he was ready to maintain this with his life.
Then followed the judicial combat as above.
The procedure was similar when any one would contest a judgment already
rendered. The court itself must be solemnly accused of falsehood; the
complainant must fight with _all_ the associate judges of the court, or
have his tongue cut off as a calumniator. Whoever in such case did not
vanquish _all_ the judges of the court, and that, too, _on the same
day_, must be hanged.
The obvious remark in relation to all the processes above described is,
that unless hanging was much more honorable then than now, however
numerous the capital crimes committed, probably few complaints were
entered, very few witnesses accused of perjury, very few combatants
cried for grace, even in the most desperate struggle, very few judicial
decisions were contested, and very few injured husbands used their right
of punishing the unfaithful wife and her accomplice, since _all parties,
innocent and guilty, stood about equal chances of being hanged at the
end_.
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