The Duel Between France and GermanySumner, Charles
History
The Duel Between France and Germany
Sumner, Charles
Franco-Prussian War, 1870-1871
Precedents exist for the abolition of this duel, so completely in
point, that, according to the lawyer's phrase, they "go on all
fours" with the new case. Two of these have been already
mentioned: first, when, at the Diet of Worms, in 1495, the Emperor
Maximilian proclaimed a permanent peace throughout Germany, and
abolished the "liberty" of Private War; and, secondly, when, in
1815, the German Principalities stipulated "under no pretext to
make war upon one another, or to pursue their differences by force
of arms." [Footnote: See, _ante_, p. 247.] But first in time,
and perhaps in importance, was the great Ordinance of St. Louis,
King of France, promulgated at a Parliament in 1260, where he
says: "_We forbid battles [i. e. TRIALS BY BATTLE] to all
persons throughout our dominions,... and in place of battles we
put proofs by witnesses_... AND THESE BATTLES WE ABOLISH IN OUR
DOMINIONS FOREVER." [Footnote: "Nous deffendons a tous les
batailles par tout, nostre demengne,.... et on lieu des batailles
nous meton prueves de tesmoins..... Et ces batailles nous ostons
en nostre demaigne a toujours."----_Recueil General des
Anciennes Lois Francaises_, par Jourdan, etc., (Paris, 1822-
33,) Tom. I. pp. 283-90.] These at the time were great words, and
they continue great as an example. Their acceptance by any two
nations would begin the work of abolition, which would be
completed on their adoption by a Congress of Nations, taking from
war its existing sanction.
THE WORLD A GLADIATORIAL AMPHITHEATRE.
Public-domain text, read in full here on John Shaqi.
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