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
Nothing can be more absurd than the regret for the “_glorious days
of Chivalry!_” It is very true, that nothing could be more beautiful
and praiseworthy than the theory on which it was grounded; but a
legislature might just as wisely sit down and embody an Utopian code
of laws as to expect that a soldier will only draw his sword in the
defence of innocence,--it is too absurd a dream to be entertained even
in romance.
The exact origin of chivalry is a matter of doubt. By some historians
it is attributed to Henry I, King of Germany, in 936, called the
“_bird-catcher_,” from his partiality to field pursuits. Others have
traced it to Geoffrey de Preuilly, who died in 1066; but it appears
that he was only celebrated from his having collected and published
the laws of tournaments. History records a chivalric meeting that took
place as early as 858, near Strasburgh, between Charles the Bald, and
his brother, Louis of Germany. In France it was in general practice in
1136; and in Spain and England in 1140.
The rules and regulations in the management of these tournaments were
curious, and showed that the profession of arms was supposed to be
the proof of virtue as well as of courage. By these institutes it was
ordered--
I. Whosoever has done or said anything against the holy Christian faith
shall be excluded; and if any such shall presume to intrude himself, on
the account of his family and ancient nobility, he shall be beaten and
driven back.--_This first article was proposed by the Emperor Henry I.
himself._
II. If any, however nobly descended, have done or said anything against
the _Roman_ empire, or the sacred majesty of the Emperor, he shall not
be admitted, but publicly punished before the assembly.--_This article
was proposed by Conrad, Prince of Palestine._
III. If any have betrayed or deserted his lord and master, or have been
the occasion of any mutiny, disorder, or shameful flight in an army;
or have oppressed and unjustly killed any of his subjects and vassals,
or other innocent person, he shall be publicly punished.--_Duke of
Franconia._
IV. Whosoever has committed violence upon virgins or oppressed widows,
or has violated and defamed any woman by word or deed, when he appears
at the public tournament, shall be disgraced and punished.--_Duke of
Suevia._
V. Whosoever has been guilty of perjury, of forging hand or seal, or
lies under any other infamy, shall be held unworthy of the honour of
a tournament; and, if he enter, he shall not be suffered to go away
without some punishment.--_Duke of Bavaria._
VI. Whosoever has secretly or openly made away with his wife, or has
advised or assisted the killing of his superior, whose vassal he was,
let him be debarred, and let the law of tournament be executed upon him.
VII. Whoever have been guilty of sacrilege, by robbing churches or
detaining what belongs to them, or have wronged widows and children to
whom they were left guardians, shall not be admitted, but punished.