Honor and blessings attend this truly Christian king, who submitted all his actions to the Heaven-descended sentiment of Duty,—who began a long and illustrious reign by renouncing and restoring conquests of his predecessor, saying to those about him, whose souls did not ascend to his heights, "I know that the predecessors of the King of England lost altogether by right the conquest which I hold; and the land which I give him I do not give because I am bound to him or his heirs, but to put love between my children and his children, who are cousins-german; and it seems to me that what I thus give I employ to good purpose."[46] Honor to him who never by force or cunning grasped what was not his own,—who sought no advantage from the turmoil and dissension of his neighbors,—who, first of Christian princes, rebuked the Spirit of War, saying to those who would have him profit by the strifes of others, "Blessed are the peacemakers,"[47]—who, by an immortal ordinance, abolished Trial by Battle throughout his dominions,—who extended equal justice to all, whether his own people or his neighbors, and in the extremity of his last illness, before the walls of Tunis, under a burning African sun, among the bequests of his spirit, enjoined on his son and successor, "in maintaining justice, to be inflexible and loyal, turning neither to the right hand nor to the left."[48]
To condemn Trial by Battle no longer requires the sagacity above his age of the Lombard monarch, or the intrepid judgment of the Sovereign Pontiff, or the ecstatic soul of St. Louis. An incident of history, as curious as it is authentic, illustrates this point, and shows the certain progress of opinion; and this brings me to England, where this trial was an undoubted part of the early Common Law, with peculiar ceremonies sanctioned by the judges robed in scarlet. The learned Selden, not content with tracing its origin, and exhibiting its forms, with the oath of the duellist, "As God me help, and his saints of Paradise," shows also the copartnership of the Church through its liturgy appointing prayers for the occasion.[49] For some time it was the only mode of trying a writ of right, by which the title to real property was determined, and the fines from the numerous cases formed no inconsiderable portion of the King's revenue.[50] It was partially restrained by Henry the Second, under the advice of his chief justiciary, the ancient law-writer, Glanville, substituting the Grand Assize as an alternative, on the trial of a writ of right; and the reason assigned for this substitution was the uncertainty of the Duel, so that after many and long delays justice was scarcely obtained, in contrast with the other trial, which was more convenient and swift.[51] At a later day, Trial by Battle was rebuked by Elizabeth, who interposed to compel the parties to a composition,—although, for the sake of their honor, as it was called, the lists were marked out and all the preliminary forms observed with much ceremony.[52] It was awarded under Charles the First, and the proceeding went so far that a day was proclaimed for the combatants to appear with spear, long sword, short sword, and dagger, when the duel was adjourned from time to time, and at last the king compelled an accommodation without bloodshed.[53] Though fallen into desuetude, quietly overruled by the enlightened sense of successive generations, yet, to the disgrace of English jurisprudence, it was not legislatively abolished till near our own day,—as late as 1819,—the right to it having been openly claimed in Westminster Hall only two years previous. An ignorant man, charged with murder,—whose name, Abraham Thornton, is necessarily connected with the history of this monstrous usage,—being proceeded against by the ancient process of appeal, pleaded, when brought into court, as follows: "Not guilty; and I am ready to defend the same by my body": and thereupon taking off his glove, he threw it upon the floor. The appellant, not choosing to accept this challenge, abandoned his proceedings. The bench, the bar, and the whole kingdom were startled by the infamy; and at the next session of Parliament Trial by Battle was abolished in England. In the debate on this subject, the Attorney-General remarked, in appropriate terms, that, "if the appellant had persevered in the Trial by Battle, he had no doubt the legislature would have felt it their imperious duty at once to interfere, and pass an ex post facto law to prevent so degrading a spectacle from taking place."[54]
These words evince the disgust which Trial by Battle excites in our day. Its folly and wickedness are conspicuous to all. Reverting to that early period in which it prevailed, our minds are impressed by the general barbarism; we recoil with horror from the awful subjection of justice to brute force,—from the impious profanation of God in deeming him present at these outrages,—from the moral degradation out of which they sprang, and which they perpetuated; we enrobe ourselves in self-complacent virtue, and thank God that we are not as these men,—that ours is an age of light, while theirs was an age of darkness!
But remember, fellow-citizens, that this criminal and impious custom, which all condemn in the case of individuals, is openly avowed by our own country, and by other countries of the great Christian Federation, nay, that it is expressly established by International Law, as the proper mode of determining justice between nations,—while the feats of hardihood by which it is waged, and the triumphs of its fields, are exalted beyond all other labors, whether of learning, industry, or benevolence, as the well-spring of Glory. Alas! upon our own heads be the judgment of barbarism which we pronounce upon those that have gone before! At this moment, in this period of light, while to the contented souls of many the noonday sun of civilization seems to be standing still in the heavens, as upon Gideon, the dealings between nations are still governed by the odious rules of brute violence which once predominated between individuals. The Dark Ages have not passed away; Erebus and black Night, born of Chaos, still brood over the earth; nor can we hail the clear day, until the hearts of nations are touched, as the hearts of individual men, and all acknowledge one and the same Law of Right.
What has taught you, O man! thus to find glory in an act, performed by a nation, which you condemn as a crime or a barbarism, when committed by an individual? In what vain conceit of wisdom and virtue do you find this incongruous morality? Where is it declared that God, who is no respecter of persons, is a respecter of multitudes? Whence do you draw these partial laws of an impartial God? Man is immortal; but Nations are mortal. Man has a higher destiny than Nations. Can Nations be less amenable to the supreme moral law? Each individual is an atom of the mass. Must not the mass, in its conscience, be like the individuals of which it is composed? Shall the mass, in relations with other masses, do what individuals in relations with each other may not do? As in the physical creation, so in the moral, there is but one rule for the individual and the mass. It was the lofty discovery of Newton, that the simple law which determines the fall of an apple prevails everywhere throughout the Universe,—ruling each particle in reference to every other particle, large or small,—reaching from earth to heaven, and controlling the infinite motions of the spheres. So, with equal scope, another simple law, the Law of Right, which binds the individual, binds also two or three when gathered together,—binds conventions and congregations of men,—binds villages, towns, and cities,—binds states, nations, and races,—clasps the whole human family in its sevenfold embrace; nay, more, beyond
"the flaming bounds of place and time,
The living throne, the sapphire blaze,"