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
Our William of Normandy would not allow clerks to fight without due
permission from their diocesan: “_Si clericus duellum sine episcopi
licentiâ susceperit_,” _&c._
We have abundant authority to show that priests were very frequently
expert fencing-masters, and as chaplains of the army were especially
celebrated for their skill.
A singular trial by battle took place at Toledo, in 1085, to decide
whether the Roman or the Muzarabic ritual was to be observed in the
celebration of mass. Two champions were selected. Don Ruiz de Mastanza,
the Muzarabic knight, unhorsed his adversary and killed him. But the
Queen, who had a particular predilection for the trial by fire,
insisted that it should be resorted to: now, as it was contrary to
the laws of chivalry that the conquering knight should be sent to
the stake, a copy of each liturgy was thrown into the fire; when, as
it appears that both of them were consumed, the King decided that in
certain churches and chapels prayers should be put up according to the
Muzarabic ritual, and in others in conformity with the Roman.--The
Muzarabic chapel, a most curious monument, may to this day be seen in
the cathedral of Toledo.
Not only did the clergy order that these judicial battles should take
place, but many instances are on record where they were instituted by
several French parliaments. Under Philip de Valois, the parliament
decreed that two knights, Dubon and Vernon, should endeavour to cut
each other’s throats; the latter having asserted that the former
had bewitched his sovereign. The same learned body ordered a man of
the name of Carrouge to fight another man of the name of Legris, to
prove to the satisfaction of the public that he had committed an
act of violence towards Carrouge’s wife. Carrouge must have been
right, for Legris was killed; though, according to President Henault,
his innocence was afterwards fully substantiated by his accuser’s
confession upon his death-bed. In another instance, a knight, by name
Jean Picart, who was accused of an incestuous intercourse with his
daughter, was directed to fight her husband.
The frequency of these duels induced several monarchs to issue various
edicts. In 1041 was issued one called the _Saviour’s truce_, in which
duels were prohibited from Wednesdays to Mondays, these days having
been consecrated by our Saviour’s passion. In 1167, the King prohibited
all duels upon claims that did not exceed two-pence halfpenny. In 1256,
causes of adultery were to be brought to this issue; while, in 1324,
it was enjoined in cases of rape and poisoning. In 1145, the provost
of Bourges was instructed to call out all persons who did not obey his
orders.