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
Prior to the Norman conquest we have no record of any duel or trial by
battle, although the Anglo-Saxon laws were framed to prevent private
quarrels and acts of vindictive violence. The law of Alfred enjoined,
that if any one knows that his aggressor, after doing him an injury,
is determined to keep within his own house, or on his own lands, he
shall not fight him till he require compensation for the injury. If he
be strong enough to besiege him in his house, he may do it for seven
days; and, if the aggressor is willing during that time to surrender
himself and his arms, his adversary may detain him thirty days, but is
afterwards obliged to restore him safe to his kindred, and be contented
with the _compensation_; but, if he refuses to deliver up his arms,
it is then lawful to fight him. A slave might fight in his master’s
quarrel; a father might fight in his son’s, with any one except with
his master.
King Edmund, moreover, in the preamble to his laws, alluded to the
multiplicity of private feuds and battles, established various
enactments to check the evil; and regulated certain compensations
for the loss of life, without any distinction between murder and
manslaughter: every head had its price, from the king’s, that was
valued at 30,000 thrimsas, considered to be about 1,300_l._ to that of
a ceorle, or husbandman, 266; in this tariff, an archbishop’s head was
rated at a much higher value than a monarch’s.
The price all wounds and injuries was also regulated: a wound of an
inch long under the hair, one shilling; one of a like size in the face,
two shillings; the loss of an ear, thirty shillings; and, according to
the rare code of Ethelbert, any one who committed adultery with another
man’s wife was obliged to buy him a new one.
This commutation for crimes appears to have been universal in ancient
times. Blackstone informs us that in Ireland, by the _Brehon_ laws, a
murderer was obliged to give the surviving relatives of the slain a
recompense, called Eviach. In Homer we have the same practice during
the Trojan war; Nestor in his speech to Achilles thus addressing him:--
If a brother bleed,
On just atonement we remit the deed:
A sire the slaughter of his son forgives:
The price of blood discharged, the murderer lives.
And again, in the 18th book of the Iliad, in the description of
Achilles’s shield:--
There in the Forum swarms a numerous train,--
The subject of debate, a townsman slain;
One pleads the fine discharged, which one denied,
And bade the public and the law decide.
The most curious part of this law of compensation was the weighing
the value of a witness:--a man whose life was worth one hundred and
twenty shillings counterbalanced six labourers, the life of each being
estimated at twenty shillings; his oath was therefore considered
equivalent to that of all the six.