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
When the tenant in a writ of right pleaded the general issue, and
offered to decide the cause by the body of a champion, a piece of
ground was selected sixty feet square, inclosed with lists, and on one
side a court was erected for the accommodation of the judges of the
court of Common Pleas, who attended there in their scarlet robes:
a bar was also prepared for the sergeants learned in law. When the
court sat, which was before sun-rising, proclamation was made for both
parties and their champions: the latter were introduced by two knights,
and were dressed in a coat of mail, with red sandals, bare-legged from
the knee downwards, bare-headed, and with arms bare to the elbows.
The weapons allowed them were batons, or staves of an ell long, and a
four-cornered leathern target, so that death very seldom ensued from
these civil combats. In the court military, however, they fought with
sword and lance.
When the champions thus armed arrived within the lists, or place of
combat, the champion of the tenant took his adversary by the hand,
and made oath that the tenement in dispute was not the right of the
demandant; the champion of the demandant of course took a contrary
oath. Another oath was then taken against sorcery and enchantment, in
the following form:
“Hear this, ye justices, that I have neither eaten, drunk, nor have
I upon me either bone, stone, or grass,--no enchantment, sorcery, or
witchcraft, whereby the law of God may be abased, or the law of the
devil exalted; so help me God and his saints!”
The battle then began, and the combatants were bound to fight till the
stars appeared in the evening; and, if the champion of the tenant
could defend himself till the stars appeared, the tenant prevailed in
his cause, and the vanquished was proclaimed a _Craven_: a degradation
of the highest importance; for when a champion had once admitted that
he was “_Craven_,” or one who craves for mercy, he ceased to be a
freeman--_liber et legalis homo_, and, having been proved forsworn, was
no longer eligible as a juryman, or in any manner entitled to belief or
respect.
In appeals of felony, the parties were obliged to fight in their proper
persons, unless the appellant were a woman, a priest, or an infant,--of
the age of sixty, lame, or blind; in either which cases, he or she
counter-pleaded, and threw themselves upon the country. Peers of the
realm could not be challenged to wage battle; nor the citizens of
London, it being specified in their charter that fighting was foreign
to their education and employment.
In regard to trial by battle in civil cases, the mystic appeal to the
judgment of God at this period was abandoned, and the institution of
chivalry gave to personal combats a character totally different.
CHAPTER V.
INSTITUTION OF CHIVALRY AND DUELS.