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
Whether, in the settlement of feuds, pecuniary compensation was deemed
more satisfactory than the adversary’s blood, it is not an easy matter
to decide; but certain it is, that duels do not appear, until the
period alluded to, to have been as frequent in England as upon the
Continent. Good cheer, and good horses, seem to have been considered
as equivalent to cash: we find in our history a woman giving two
hundred fat hens to the sovereign for permission to spend one night in
prison with her husband, and bringing the monarch one hundreds fowls
on account; while another unlucky wight gave five of his best palfreys
to his sovereign lord the King to induce him to be silent regarding a
_faux pas_ of his wife. But, once established, it appears that trials
by battle prevailed in England for a longer period than in any other
country.
In 1096, William Count d’Eu, having been accused of a conspiracy
against William Rufus by Godefroi Baynard, engaged him in single
combat at Salisbury, in presence of the King and the whole court: the
unfortunate count, having been worsted, was forthwith ordered to be
emasculated, after both his eyes had been put out; his esquire at the
same time whipped, and then hanged. _Jussuque ideò Regis et concilii,
ejiciuntur illi oculi testiculique abscinduntur; dapifero suo Willielmo
de Aldori, filio amitæ ejus, sæviter flagellato et suspenso._
On Henry II.’s invasion of Wales, Henry de Essex, the hereditary
standard-bearer, having been accused of felony by Robert de Montfort,
his own relation, for dropping the standard on the field of battle and
taking to flight, exclaiming that the King was killed, the parties met
in single combat near Reading Abbey, where Essex was left for dead
upon the field. However, upon his body being borne to the abbey, the
monks perceived some traces of life; and, instead of his being hanged
according to custom, the brethren of the monastery recovered him; but,
as he was considered _morally_ dead, he spent the remainder of his days
in their holy cloisters.
From the time of William of Normandy, until that of Henry II, trial
by single combat was the only honourable mode of decision of battle
of right, until the alternative of the grand assizes, or the trial by
jury, was instituted by the latter sovereign.