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
These laws descended from the Germans, who, with the exception of the
Frisians, sought to check the natural propensity of the people to acts
of bloodthirsty revenge: thus we find, that if any man called another
_pare_, or accused him of having lost his shield in battle, he had
to pay a heavy fine; according to the laws of the Lombards, if a man
called another _arga_, or “good for nothing,” he had a right to demand
immediate satisfaction by arms.
These compensations and fines were called a _fredum_. For the proofs
of guilt, ordeals similar to those described as having existed in
France and other countries on the continent of Europe, were adopted
in England: one of them, which was abolished in France by Louis le
Debonnaire as impious, long prevailed amongst us,--the decision of the
_cross._
The compurgators were to be freemen, and relations or neighbours of
the accused, who upon their oath corroborated what he had asserted.
It appears that in some cases the concurrence of no less than three
hundred of these auxiliary witnesses was required. As men who are
capable of disregarding truth are not deterred by the solemnity of
an oath, this system of compurgation was found to be fraught with
such flagrant iniquity, that appeals to Heaven were considered more
effectual in ascertaining guilt or innocence.
The trials by hot iron and water were similar to those already
described. In addition to these _ordalies_ was the trial by the
consecrated bread and cheese, or _Corsned_, commonly appealed to by
the clergy when they were accused of any crime, and adopted by them,
since it was not attended with danger or inconvenience. This ordeal was
performed in the following manner:--A piece of barley-bread and a piece
of cheese were consecrated; and prayers were then put up, to supplicate
that God would send his angel Gabriel to stop the gullet of the priest,
so that he might not be able to swallow the sacred bread and cheese, if
he were guilty. This ceremony being concluded, the accused approached
the altar, and took up the testing food: if he swallowed freely, he was
declared innocent; if, on the contrary, it stuck in his throat, (which
we may presume was rarely the case,) he was pronounced guilty. Our
historians assert that Godwin Earl of Kent, in the reign of Edward the
Confessor, abjuring the death of the King’s brother, at last appealed
to the Corsned, “_per buccellam deglutiendam abjuravit_,” which stuck
in his throat and killed him.