DUELS AND ORDEALS
There was an ancient sage philosopher,
Who swore the world, as he could prove,
Was mad of fighting. * * *
Hudibras,
Most writers, in accounting for the origin of duelling, derive it from the warlike habits of those barbarous nations who overran Europe in the early centuries of the Christian era, and who knew no mode so effectual for settling their differences as the point of the sword. In fact, duelling, taken in its primitive and broadest sense, means nothing more than combatting, and is the universal resort of all wild animals, including man, to gain or defend their possessions, or avenge their insults. Two dogs who tear each other for a bone, or two bantams fighting on a dunghill for the love of some beautiful hen, or two fools on Wimbledon Common, shooting at each other to satisfy the laws of offended honour, stand on the same footing in this respect, and are, each and all, mere duellists. As civilization advanced, the best informed men naturally grew ashamed of such a mode of adjusting disputes, and the promulgation of some sort of laws for obtaining redress for injuries was the consequence. Still there were many cases in which the allegations of an accuser could not be rebutted by any positive proof on the part of the accused; and in all these, which must have been exceedingly numerous in the early stages of European society, the combat was resorted to. From its decision there was no appeal. God was supposed to nerve the arm of the combatant whose cause was just, and to grant him the victory over his opponent. As Montesquieu well remarks, ["Esprit des Loix," liv. xxviii. chap. xvii.] this belief was not unnatural among a people just emerging from barbarism. Their manners being wholly warlike, the man deficient in courage, the prime virtue of his fellows, was not unreasonably suspected of other vices besides cowardice, which is generally found to be co-existent with treachery. He, therefore, who showed himself most valiant in the encounter, was absolved by public opinion from any crime with which he might be charged. As a necessary consequence, society would have been reduced to its original elements, if the men of thought, as distinguished from the men of action, had not devised some means for taming the unruly passions of their fellows. With this view, governments commenced by restricting within the narrowest possible limits the cases in which it was lawful to prove or deny guilt by the single combat. By the law of Gondebaldus, King of the Burgundians, passed in the year 501, the proof by combat was allowed in all legal proceedings, in lieu of swearing. In the time of Charlemagne, the Burgundian practice had spread over the empire of the Francs, and not only the suitors for justice, but the witnesses, and even the judges, were obliged to defend their cause, their evidence, or their decision, at the point of the sword. Louis the Debonnaire, his successor, endeavoured to remedy the growing evil, by permitting the duel only in appeals of felony, in civil cases, or issue joined in a writ of right, and in cases of the court of chivalry, or attacks upon a man's knighthood. None were exempt from these trials, but women, the sick and the maimed, and persons under fifteen or above sixty years of age. Ecclesiastics were allowed to produce champions in their stead. This practice, in the course of time, extended to all trials of civil and criminal cases, which had to be decided by battle.
The clergy, whose dominion was an intellectual one, never approved of a system of jurisprudence which tended so much to bring all things under the rule of the strongest arm. From the first they set their faces against duelling, and endeavoured, as far as the prejudices of their age would allow them, to curb the warlike spirit, so alien from the principles of religion. In the Council of Valentia, and afterwards in the Council of Trent, they excommunicated all persons engaged in duelling, and not only them, but even the assistants and spectators, declaring the custom to be hellish and detestable, and introduced by the Devil for the destruction both of body and soul. They added, also, that princes who connived at duels, should be deprived of all temporal power, jurisdiction, and dominion over the places where they had permitted them to be fought. It will be seen hereafter that this clause only encouraged the practice which it was intended to prevent.
But it was the blasphemous error of these early ages to expect that the Almighty, whenever he was called upon, would work a miracle in favour of a person unjustly accused. The priesthood, in condemning the duel, did not condemn the principle on which it was founded. They still encouraged the popular belief of Divine interference in all the disputes or differences that might arise among nations or individuals. It was the very same principle that regulated the ordeals, which, with all their influence, they supported against the duel. By the former, the power of deciding the guilt or innocence was vested wholly in their hands, while, by the latter, they enjoyed no power or privilege at all. It is not to be wondered at, that for this reason, if for no other, they should have endeavoured to settle all differences by the peaceful mode. While that prevailed, they were as they wished to be, the first party in the state; but while the strong arm of individual prowess was allowed to be the judge in all doubtful cases, their power and influence became secondary to those of nobility.
Thus, it was not the mere hatred of bloodshed which induced them to launch the thunderbolts excommunication against the combatants; it a desire to retain the power, which, to do them justice, they were, in those times, the persons best qualified to wield. The germs of knowledge and civilization lay within the bounds of their order; for they were the representatives of the intellectual, as the nobility were of the physical power of man. To centralize this power in the Church, and make it the judge of the last resort in all appeals, both in civil and criminal cases, they instituted five modes of trial, the management of which lay wholly in their hands. These were the oath upon the Evangelists; the ordeal of the cross, and the fire ordeal, for persons in the higher ranks; the water ordeal, for the humbler classes; and, lastly, the Corsned, or bread and cheese ordeal, for members of their own body.
The oath upon the Evangelists was taken in the following manner: the accused who was received to this proof, says Paul Hay, Count du Chastelet, in his Memoirs of Bertrand du Guesclin, swore upon a copy of the New Testament, and on the relics of the holy martyrs, or on their tombs, that he was innocent of the crime imputed to him. He was also obliged to find twelve persons, of acknowledged probity, who should take oath at the same time, that they believed him innocent. This mode of trial led to very great abuses, especially in cases of disputed inheritance, where the hardest swearer was certain of the victory. This abuse was one of the principal causes which led to the preference given to the trial by battle. It is not all surprising that a feudal baron, or captain of the early ages, should have preferred the chances of a fair fight with his opponent, to a mode by which firm perjury would always be successful.
The trial by, or judgment of, the cross, which Charlemagne begged his sons to have recourse to, in case of disputes arising between them, was performed thus:—When a person accused of any crime had declared his innocence upon oath, and appealed to the cross for its judgment in his favour, he was brought into the church, before the altar. The priests previously prepared two sticks exactly like one another, upon one of which was carved a figure of the cross. They were both wrapped up with great care and many ceremonies, in a quantity of fine wool, and laid upon the altar, or on the relics of the saints. A solemn prayer was then offered up to God, that he would be pleased to discover, by the judgment of his holy cross, whether the accused person were innocent or guilty. A priest then approached the altar, and took up one of the sticks, and the assistants unswathed it reverently. If it was marked with the cross, the accused person was innocent; if unmarked, he was guilty. It would be unjust to assert, that the judgments thus delivered were, in all cases, erroneous; and it would be absurd to believe that they were left altogether to chance. Many true judgments were doubtless given, and, in all probability, most conscientiously; for we cannot but believe that the priests endeavoured beforehand to convince themselves by secret inquiry and a strict examination of the circumstances, whether the appellant were innocent or guilty, and that they took up the crossed or uncrossed stick accordingly. Although, to all other observers, the sticks, as enfolded in the wool, might appear exactly similar, those who enwrapped them could, without any difficulty, distinguish the one from the other.
By the fire-ordeal the power of deciding was just as unequivocally left in their hands. It was generally believed that fire would not burn the innocent, and the clergy, of course, took care that the innocent, or such as it was their pleasure or interest to declare so, should be so warned before undergoing the ordeal, as to preserve themselves without any difficulty from the fire. One mode of ordeal was to place red-hot ploughshares on the ground at certain distances, and then, blindfolding the accused person, make him walk barefooted over them. If he stepped regularly in the vacant spaces, avoiding the fire, he was adjudged innocent; if he burned himself, he was declared guilty. As none but the clergy interfered with the arrangement of the ploughshares, they could always calculate beforehand the result of the ordeal. To find a person guilty, they had only to place them at irregular distances, and the accused was sure to tread upon one of them. When Emma, the wife of King Ethelred, and mother of Edward the Confessor, was accused of a guilty familiarity with Alwyn, Bishop of Winchester, she cleared her character in this manner. The reputation, not only of their order, but of a queen, being at stake, a verdict of guilty was not to be apprehended from any ploughshares which priests had the heating of. This ordeal was called the Judicium Dei, and sometimes the Vulgaris Purgatio, and might also be tried by several other methods. One was to hold in the hand, unhurt, a piece of red-hot iron, of the weight of one, two, or three pounds. When we read not only that men with hard hands, but women of softer and more delicate skin, could do this with impunity, we must be convinced that the hands were previously rubbed with some preservative, or that the apparently hot iron was merely cold iron painted red. Another mode was to plunge the naked arm into a caldron of boiling water. The priests then enveloped it in several folds of linen and flannel, and kept the patient confined within the church, and under their exclusive care, for three days. If, at the end of that time, the arm appeared without a scar, the innocence of the accused person was firmly established. [Very similar to this is the fire-ordeal of the modern Hindoos, which is thus described in Forbes's "Oriental Memoirs," vol. i. c. xi.—"When a man, accused of a capital crime, chooses to undergo the ordeal trial, he is closely confined for several days; his right hand and arm are covered with thick wax-cloth, tied up and sealed, in the presence of proper officers, to prevent deceit. In the English districts the covering was always sealed with the Company's arms, and the prisoner placed under an European guard. At the time fixed for the ordeal, a caldron of oil is placed over a fire; when it boils, a piece of money is dropped into the vessel; the prisoner's arm is unsealed, and washed in the presence of his judges and accusers. During this part of the ceremony, the attendant Brahmins supplicate the Deity. On receiving their benediction, the accused plunges his hand into the boiling fluid, and takes out the coin. The arm is afterwards again Sealed up until the time appointed for a re-examination. The seal is then broken: if no blemish appears, the prisoner is declared innocent; if the contrary, he suffers the punishment due to his crime." * * * On this trial the accused thus addresses the element before plunging his hand into the boiling oil:—"Thou, O fire! pervadest all things. O cause of purity! who givest evidence of virtue and of sin, declare the truth in this my hand!" If no juggling were practised, the decisions by this ordeal would be all the same way; but, as some are by this means declared guilty, and others innocent, it is clear that the Brahmins, like the Christian priests of the middle ages, practise some deception in saving those whom they wish to be thought guiltless.]