Postby Guest » Tue Oct 01, 2002 7:26 am
Historical Essay
Judicail Duels, or Wager of Battle-General Remarks-France-England
This form of combat is generally antiquity. Iwas authorized, says Blackstone, in the laws of Gundebald, AD 501, which are preserved in the Burgundian Code. It was founded on the presumption that a brave man did not deserve to suffer, and that a coward did not deserve to live. Confined at first to some tribes of Germany, it was established, finally, in all the monarchies of Europe. The appeal was directly to God, in the unfaltering faith that he would protect the party whose quarrel was just. If the person accused was victorious, he was acquitted as innocent; if he was defeated, he was pronounced guilty, and subjected to the punishment prescribed by law for his offense. If the accuser was vanquished, he was liable to the penalties that would have fallen upon the accused. In civil cases, also, this combat was the common arbiter between disputants to landed estates, and the various kinds of personal property; and even in suits commenced before the tribunals, a party dissatisfied with the proceddings might throw down a glove and challenge a judge to defend himself in the field. Several discripitions of persons were, however, exempted from the necessity of entering the lists to maintain thier innocense, or to protect thier property, and among them were women, ecclesiastics, young men under twenty and old men over sixty years of age, and men who were sick, infirm, or maimed; but all these could employ champions to fight in thier vindication. Such are the general outlines for the judicail duel, and it existed in Europe for a considerable period. Essential modifications were made from age to age, until it was limited in most nations to accusations of criminal nature, and in some, to those which were punsihed with death.
Author Lorenzo Sabine 1855
Enjoy
Todd Sullivan