The History of Duelling. Vol. 1 (of 2) — John Stuart Mill — John Shaqi
The History of Duelling. Vol. 1 (of 2)
John Stuart Mill · en
This privilege granted the accused, was, however, only allowed when the
judge was not his lord or suzerain; in the which case, his presuming to
doubt his judgment and hereditary wisdom was not deemed a felony; for,
in other cases, as Desfontaines has it, “_Between thee, my lord, and
thy villains, there is no other Judge than God_.”
In certain cases of physical inability, and where women and the clergy
were concerned, a battle by proxy was allowed; and regular bravoes,
called _champions_, were employed,--a trade rather perilous, since
their right hand was lopped off in the event of their being worsted,
perhaps to encourage their companions to more zeal on the behalf of
their clients, or more dexterity. The case of the principals was not
much pleasanter; for, while their champions were discussing the point,
they were kept out of the lists with a rope round their necks, and the
one who was beaten by proxy was forthwith hanged in person, although in
certain cases they were indulged with decapitation.
A gentleman could call out a villain, but the villain had not the
slightest right to demand satisfaction from his superior; therefore
he had no other resource than an appeal to the trial of hot iron, and
water boiling or cold, which was conducted in the following manner:
In the trial by hot iron, the defendant was obliged to hold a heated
plate of iron for a certain time in his hand; his hand was then
bandaged, and a seal affixed upon it. When this dressing was raised
three days after, if any burn was apparent, his cause was lost. It
appears that proxies with hands callous and fireproof were often
procured for this operation.[7]
In the trial by hot water, the accused was ordered to withdraw a
consecrated ring from a vessel filled with boiling water. In the ordeal
of cold water, the patient was thrown into a pond with his hands and
feet tied up. If he did not sink, his guilt was evident; inasmuch as,
the water having previously received a priest’s blessing in Latin, its
refusal to receive the patient was a convincing proof of his unholiness
and criminality.