The History of Duelling. Vol. 1 (of 2)Millingen, J. G. (John Gideon)
Philosophy
The History of Duelling. Vol. 1 (of 2)
Millingen, J. G. (John Gideon)
Dueling
As I have already stated, warlike youth had to a certain degree
emancipated themselves from the power of the priesthood, although they
were always prepared and willing to rush into battle at their commands;
but to the honour of the clergy it must be confessed, that although
many individuals of that body might have enjoyed fighting as much as
any testy layman, yet they did exert themselves to temper and modify
as much as lay in their power the ferocity of the times. Whether in
these efforts they were chiefly influenced by motives of humanity, or
by opposition to the rivalry of secular power, it is no easy matter to
decide.
The secular power of the nobles was very great, and to a certain
degree independent of that of the sovereign. President Henault
informs us, that during the first, and a considerable period of
the second race, dukes and counts, in their quality of provincial
governors, administered all regal functions within their jurisdiction,
bestowed all military preferments, and judged by _sovereign judgment_
all appeals of the _centenaries_, or judges nominated by the
monarch,--still, in the name of the King. As at that period there
could exist no other justice but a royal one, these same dukes and
counts, having from the weakness of the government erected their
offices into hereditary rights and patrimonies, continued to preserve
their authority; and all traces of regal power disappeared in the
provinces, with the exception of the government of Hugues Capet as duke
and count, and, when he ascended the throne, his _droit seigneural_ was
added to his _royal authority_.
Before such arbitrary tribunals, when the judges were themselves unruly
soldiers, utterly ignorant of any kind of jurisprudence, and knowing no
other method of deciding a difference than by an appeal to force, the
most expeditious method of deciding a quarrel was to make the litigants
fight it out.
The only check upon the power of feudality was the influence of the
clergy, then divided into _secular_ and _regular_. The secular clerks
officiated in the several sees and parishes, while the regular lived
under monastic institutions and discipline.
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