At this period that peculiar species of ordeal, TRIAL BY COMBAT, the
prototype of the modern duel, was licensed by the supreme magistrate. When
a person was accused by another without any further evidence than the mere
_ipse dixit_ of the accuser, the defendant making good his own cause by
strongly denying the fact, the matter was referred to the decision of the
sword,[51] and although the old proverb that "might overcomes right" was
frequently verified in these encounters, the vanquished party was adjudged
guilty of the crime alleged against him, and dealt with according to law.
The charge usually preferred was that of treason, though the dispute
generally originated in private pique between the parties. These combats
brought together immense numbers of people. That between Sir John Annesley
and Katrington, in the reign of Richard II, was fought before the palace
at Westminster, and attracted more spectators than the king's coronation
had done.[52] All such encounters were regulated by laws which it was the
province of the heralds to enforce.[53]
The TOURNAMENT, though proscribed by churchmen (jealous, as Dallaway
observes, of _shows_ in which they could play no part), had nothing in it
of the objectionable character attaching to the judicial combat. Nor will
it suffer, in the judgment of Gibbon, on a comparison with the Olympic
games, "which, however recommended by the idea of classic antiquity, must
yield to a Gothic tournament, as being, in every point of view, to be
preferred by impartial taste."[54] Descriptions of tournaments occur in so
many popular works that it is not here necessary to do more than to refer
to them. The vivid picture of one by Sir Walter Scott in 'Ivanhoe' is
probably fresh in the reader's memory.
Public-domain text, read in full here on John Shaqi.
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