CHAPTER V.

INSTITUTION OF CHIVALRY AND DUELS.

Mistaken views of religion no longer presided over bloodshed, and

priests found that they gradually lost the power of controlling the

unruly by their simple commands; it therefore became necessary that

their influence over those who could support their power by arms should

be of a more permanent and efficacious nature. Youth, upon whose

future courage and energies they could depend, were now enrolled in an

instituted body; and the assumption of arms, so soon as they were able

to wield them, became a solemn religious rite: until they could don

their armour, they were clad in white, like clerical neophytes; and,

as Scott truly observes, “the investiture of chivalry was brought to

resemble, as near as possible, the administration of the sacraments of

the church.”

Still this combination of religious and military zeal was not

considered sufficient to lead a man to risk his life blindly, and the

art and the all-powerful aid of woman were invoked.

Gallantry now presided over deeds of arms; which, to use the words

of Montesquieu, was not love, but its light, delicate, and perpetual

errors.

An ingenious writer, C. Moore, has described the origin of chivalric

laws and customs in the following passage:--“War, and the single

combat, were still the ruling passions of the soul; and whatever

improvement had militated against these favourite and ferocious ideas

would have been treated with the utmost contempt and indignation.

Some, however, whose minds were more enlightened, endeavoured to turn

this torrent of courage and military violence upon itself, and to the

correction of its own abuses. They formed themselves into martial

societies for the relief of injured innocence and distressed virtue;

for the redress of all oppressions and grievances; for the protection

of the weak and defenceless, particularly of the fair sex; for the

correction of abuses, and the general promotion of the public utility

and safety. But, in compliance with the strong prejudices of the times,

all was still to be determined by the sword, and by feats of personal

valour. Such was the introduction of chivalry and knight-errantry.”

For the honour of mankind, desirable indeed would it have been if

chivalry had been carried on upon such philanthropic grounds, however

barbarous might have been the means resorted to in the furtherance

of its ends: it is more probable that it was the result of growing

civilization, with its concomitant pride, pomp, and circumstance. When

love, being associated with religion, shed a halo over the knight’s

proud helm, the spirit of chivalry withdrew its advocates from the

trammels of judicial courts; and, although the hostile meetings of

contending knights, might not have been considered an ordeal to

obtain the judgment of God, the vanity arising from the renown of

personal prowess and superiority in war and in love rendered its

champions regardless of those fine and delicate feelings to which

their institution has been attributed. It is true that, the courtesy

and rising polish of society being added to religious zeal and blind

superstition, this combination tended to soften down the rude relics

of former ferocity, and to combine courage with humanity, introducing

as far as was practicable the courtesies of peace into scenes of

strife; and such we may well imagine may have been the results of such

an institution when woman became associated with all its bearings.

Education became more gentle, and, ere the _accolade_ of knighthood

was conferred, the candidate to the honour had passed through the

gradation of page and squire; first the follower of woman, a blind

adorer and slave, then the attendant on his leader in the chase or the

battle-field.

As civilization progressed, the rude customs of barbarous nations

must have gradually sunk into disrepute; and war, which had once been

a necessity in defence of person and property, now became only an

honourable profession.

While we admit, with Scott, that the tenets of chivalry were exalted

and enthusiastic, we cannot but consider that many acts of exaltation

and enthusiasm, among the most illustrious, were little short of mental

aberration, qualifying the heroic champion for the lunatic asylum,

rather than the courts of sovereigns; and I think that we may consider

many of our modern honourable institutions, which are traced to

chivalry, more as the effect of gradual intellectual improvement than

of the frolics of knight-errantry, however honourable they may have

appeared in theory. No one can pretend to deny that Don Quixote’s ideas

of honour were as correct as they were punctilious.

It is unfortunate that romance has so distorted human actions as to

shed lustre upon deeds which ought to have been veiled in everlasting

obscurity for the honour of mankind. It is owing to these fatal

illusions, that, to the present hour, the chimerical word _Honour_

leads the enthusiast or the slave of society’s prejudiced views to the

commission of criminal acts, and adapts its supposed laws and dictates

to the Procrustean standard of the “world’s” opinion.

Previous to the institution of chivalry, fighting became necessary

for individual protection; but knighthood rendered it a fashionable

accomplishment, and, as real injuries were not likely to occur every

day, artificial grievances were created, and tilts and tournaments

became the constant sports of the day. John, Duke of Bourbon, being

overcome, no doubt, with _ennui_, offered to go over to England with

sixteen knights, to avoid idleness, and further, to merit the good

graces of his mistress; and it is clear that this noble institution,

as it is called, greatly increased duelling instead of checking its

barbarity, while, by rendering it a polite accomplishment, it has

transmitted down to posterity a detestable heir-loom of barbarous times.

Not only were knights obliged to fight their own battles, but they

were bound to espouse the disputes of others, and volunteer fighting

whenever a “good quarrel” could be established.

It is to chivalry, introduced in the train of the Norman conquerors,

that England owed its first degradation. Chivalry deluged Italy in

blood, and rendered Spain a by-word of ferocity and madness. The

desperate pranks of the lunatic Crusaders were the deeds of monomaniacs

let loose by popery: Scott has truly said, that “the genius alike of

the age and of the order tended to render the zeal of the professors

of chivalry fierce, burning, and intolerant.” “If an infidel,” says a

great authority, “impugn the doctrine of the Christian faith before a

churchman, he should reply by argument; but a knight should render no

other reason to the infidel than six inches of his falchion thrust into

his accursed bowels.” The massacre of the Albigenses was one of the

proud results of this noble institution!

Debased by superstition and priestcraft, knighthood became instrumental

to every ambition, clerical or military: the hand of Heaven was seen

guiding every gleaming falchion; the saints were seen hovering over the

battle-field; and Froissart tells us that a black cur, which was always

barking when the infidels approached the Christian camp, was called by

the whole army _the dog of Our Lady_. If such were the public evils

that arose from chivalric institutions, how much more fearful was their

influence in society when we find Francis I, who certainly respected

the faith of engagements as conveniently as expediency could dictate,

laid down as a principle of honour, which prevails to this very day,

_That the lie was never to be put up with without satisfaction, but

by a base-born fellow_! For fear of any possible mistake, lies were

divided into thirty-two categories, with their corresponding degree

of satisfaction. In a succeeding chapter I shall endeavour to show

that most edicts promulgated to check the practice of duelling rather

increased it, and its gradual approach to desuetude can only be

attributed to the influence of reason: until this influence obtains,

all laws will be rendered nugatory by the established code of honour.

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.

VIII. Whosoever keeps up an unreasonable feud with another, and will

not refer the difference to law or to a fair battle, but invades his

adversary’s land, burning and spoiling it, and carrying off his goods,

especially if he has destroyed corn, which has caused a dearth or a

famine,--if he appear at the tournament, let him be put to death.

IX. Whosoever has been the author of any new _gabel_ or imposition

in any province, city, or other dominion, without the consent of the

Emperor, by which means subjects are oppressed, and trade and commerce

with strangers are hindered and discouraged, let him be punished.

X. Whosoever is guilty of adultery, let him be punished.

XI. Whosoever doth not live suitably upon his lawful rents and income,

but debaseth his dignity by buying and selling, and using mean and

sordid arts to the damage of his neighbours and oppression of his

tenants, let him be beaten.

XII. Whosoever cannot prove his nobility for four generations at least

by both father and mother, shall not have the honour of being admitted

into the tournament.--_The two last articles were proposed by Philip,

the secretary of the Emperor._

These ordinances are a strong illustration of the habits and practices

of the nobles at that period, and present a vivid picture of the times,

when few indeed must have been the champions who could have qualified

for the lists.

Although, on the commencement of these exercises, blunt weapons were

used, fatal accidents were nevertheless very frequent; and it is said

of a Turkish ambassador, who was present at a tournament at the court

of Charles VII, that, on beholding several of the combatants killed and

wounded, he exclaimed, “_If they are in earnest, this is not enough;

but, if it is only in jest, we have had too much of it_.”

It was the frequency of these playful accidents that induced the clergy

to forbid tournaments; as appears in the canons of the council of

Rheims in 1148, by which Christian sepulture is refused to those who

fall on such occasions.

Howbeit, in 1274, our Edward I, on his passage by Chalons, being

challenged by the Count de Chalons, entered into a joust with the

French knights, which was so successful on the part of the English,

that their opponents, infuriated by their inferiority, made a serious

attack upon his retinue; and so much blood was idly shed on the

occasion, that the tournament was ever after called “_the petty battle

of Chalons_.”

In 1209 we find Philip Augustus obliging his sons, Louis and Philip,

to make a vow against entering into any such meetings. In 1385 we find

Francis I. in a tournament between Ardres and Guines; and Henry II. in

1559,--a fatal encounter in which he died from a wound in the eye-ball

received from Montgomery, captain of his guards. This accident took

place on the occasion of the marriage of the King’s eldest daughter

to Philip, King of Spain; in honour of which there were balls,

masquerades, and tilting. His majesty, fancying to enter the lists, had

a lance sent to Montgomery to encounter him: the captain at first very

wisely declined the honour; but, upon the King’s repeated requests,

was reluctantly obliged to comply with his orders. The tilt-yard was

in the Rue St. Antoine, where the captain purposely and politely broke

his lance against his royal master’s breast-plate: unfortunately one

of the splinters flew into his eye, and penetrated the ball; the King

lingered in great agony for a month and died, after having forbidden

all similar exercises.[10]

To form an idea of the ferocity that marked these deadly meetings,

and the absurdity of what were called points of honour, we have only

to recount the particulars of a combat that took place between two

Spanish captains at Ferrara. These two heroes had demanded a “field”

of the Viceroy, Monsieur de Nemours. The Duchess of Ferrara was, of

course, most anxious to be present at the contest; she being, according

to Brantôme, the most beautiful and accomplished lady in Christendom,

both as regarded corporeal and mental qualities, speaking moreover

_force belles langues_: therefore was it, (and very naturally,) that M.

de Nemours was deeply enamoured of her, and wore her colours, (rather

sombre, to be sure,) black and grey. The combatants being engaged, one

of the parties received a desperate wound, which occasioned such a loss

of blood that he sunk on the ground; when his antagonist, according

to the noble institutions of chivalry, rushed on him with the point

of his sword to his throat. The which beholding, the Duchess, who was

as kind as she was courteous, and as beauteous as she was virtuous,

with clasped hands implored M. de Nemours to separate the combatants;

to which he replied, rather uncourteously for a knight, “You cannot

doubt, madam, that there is nothing in the world that I would not do to

convince you of my thorough devotion to your will; but in this instance

I can do nothing, nor offend against the laws of battle, nor can I

honestly and against reason deprive the conqueror of a prize which he

has obtained at the hazard of his life.”

Howbeit, the second of the fallen man stepped forward, and addressing

the conqueror, whose name was Azevedo, declared that, knowing well the

character of his friend, St. Croix, who would rather die a thousand

deaths than admit that he was vanquished, surrendered himself for him,

and avowed himself conquered. Azevedo was perfectly satisfied with

this admission, and left the field in great pomp and glory, with a

flourish of trumpets; while St. Croix’s wounds were dressed, and he

was borne off the ground with his arms, which Azevedo had forgot to

carry away as trophies of the battle: but, upon his being reminded of

the circumstance, he forthwith sent a messenger to demand them. This

request, however, being refused, the case was referred to the decision

of M. de Nemours, who immediately ordered that the arms of St. Croix

should be carried to the conqueror; or that, if he declined to send

them, the dressings of his wounds should be taken off, and he should

be again carried to the field, and laid in the situation in which

he was placed when his second interfered for his life: however, the

second was wise enough to comply with the request. Brantôme observes,

that much might be argued on this matter to decide how far Azevedo

ought to have been satisfied with the second’s submission instead of

the principal’s; as the combat was to have been mortal, the swords and

daggers having been placed in the hands of the combatants by the Prior

of Messina.

A _beau combat_ is recorded of Monsieur de Bayard and another Spaniard,

Don Alonzo de Soto Mayor, who, having been taken prisoner by the

former, insulted him so grossly that he offered him the satisfaction

of a meeting on foot or on horseback. The day being appointed, Bayard

made his appearance, mounted upon a spirited charger and clad in

white, a symbol of humility. The choice of arms having fallen upon the

Spaniard, he preferred a combat on foot, on the plea that he was not

so good a horseman as his adversary, but in reality from his having

heard that the French knight was labouring under an intermittent fever,

which he had experienced for upwards of two years. Bayard, on account

of his indisposition, was strongly urged by his second, Monsieur de

la Palisse, and his friends, to insist upon a mounted combat. To

this he objected, as he did not wish that his opponent should accuse

him of having thrown any difficulties in the way of a fair meeting.

The ground was taken, and marked with several loose stones. Bayard,

having received his arms, prostrated himself on the ground to put up a

fervent prayer, while every one around him joined in the orison upon

their knees; then, rising, he made the sign of the cross, and attacked

his adversary as cheerfully as if he was stepping out in a ball-room

to commence a dance. The Spaniard advanced, and calmly asked him,

“_Señor Bayardo, que me quereys?_” To which he replied, “To defend my

honour;” and forthwith attacked him. The struggle was fiercely kept

up, and great skill displayed on both sides; until Bayard, by a feint,

struck him such a blow in the throat, that, despite his gorget, the

weapon penetrated four fingers deep. The wounded Spaniard grasped his

adversary, and, struggling with him, they both rolled on the ground;

when Bayard, drawing his dagger and thrusting its point in the nostrils

of the Spaniard, exclaimed, “Señor Alonzo, surrender--or you are a

dead man!” a speech which appeared quite useless, as Don Diego de

Guignonnes, his second, exclaimed, “_Señor Bayardo, es muerto; vincido

haveys!_” Bayard, says the chronicler, would have given a hundred

thousand crowns to have spared his life; but, as matters turned out, he

fell upon his knees, kissed the ground three times, and then dragged

his dead enemy out of the camp, saying to the deceased’s second, “Señor

Don Diego, have I done enough?” to which the other piteously replied,

“Too much, Señor, for the honour of Spain!” when Bayard very generously

made him a present of the corpse, although he had a right to do

whatever he thought proper with it; an act highly praised by Brantôme,

who says it is difficult to say which act did him most honour,--the not

having ignominiously dragged the body like the carcase of a dog by a

leg or an arm out of the field, or having condescended to fight while

labouring under an ague; as an ague in those days (sturdy dogs!) was

not considered a sufficient reason to decline a combat.

As fighting became a matter of fashion, and therefore of necessity, it

was impossible to be too punctilious in taking offence. Any subject,

however trivial, was considered sufficient to warrant a combat,

and required blood to wipe off a supposed stain upon a factitious

honour; and, when blood could not be obtained for this vital purpose

by fair means, assassination was not deemed beneath the dignity of

the offended, or incompatible with honour’s laws. Thus we find a

Franche-Comté nobleman running another through the body in the very

porch of a church, while he was presenting him some holy water; and two

other high-born worthies fighting it out before the altar, to decide

who had the best right to a seat of precedence, or the first use of the

censer.

Tilts and tournaments were simply _simulacra_ of actual combats,

training youth to deeds of arms under the flattering auspices of the

fair sex, that they might the more diligently and expertly commit

murder whenever it suited ambition, fanaticism, or love.

What the ladies expected from their champions cannot be better

expressed than in the injunction of the Dame des Belles Cousines to

little Jean de Saintré, a subject which Scott has admirably translated

in the following quaint and appropriate language:--

“The Dame des Belles Cousines, having cast her eyes upon the little

Jean de Saintré, then a page of honour at court, demanded of him

the name of his mistress and his love, on whom his affections were

fixed. The poor boy, thus pressed, replied that the first object of

his love was the lady his mother, and the next his sister Jacqueline.

‘Jouvencel,’ replied the inquisitive dame, who had her own reasons for

not being contented with this simple answer, ‘we do not talk of the

affection due to your mother and sister; I desire to know whom you love

_par amours_.’

“‘In faith, madam,’ said the poor page, to whom the mysteries of

chivalry, as well as of love, were yet unknown, ‘I love no one _par

amours_.’

“‘Ah, false gentleman, and traitor to the laws of chivalry!’ returned

the lady; ‘dare you say that you love no lady? Well may we perceive

your falsehood and craven spirit by such an avowal. Whence were derived

the great valour and the high achievements of Lancelot, of Gawain, of

Tristram, of Giron the Courteous, and of other heroes of the round

table?--whence those of Panthus, and of so many other valiant knights

and squires of this realm, whose names I could enumerate had I

time?--whence the exaltation of many whom I myself have known to rise

to high dignity and renown?--except from their animating desire to

maintain themselves in the grace and favours of their ladies, without

which mainspring to exertion and valour they must have remained unknown

and insignificant. And do you, coward page, now dare to aver that you

have no lady, and desire to have none? Hence, false heart that thou

art!’

“To avoid these bitter reproaches, the simple page named as his lady

and love _par amours_ Matheline De Coucy, a child of ten years old.

The answer of the Dame des Belles Cousines, after she had indulged in

the mirth which his answers prompted, instructed him how to place his

affections more advantageously.

“‘Matheline,’ said the lady, ‘is indeed a pretty girl, and of high

rank, and better lineage than appertains to you. But what good, what

profit, what honour, what advantage, what comfort, what aid, what

counsel for advancing you in the ranks of chivalry, can you derive from

such a choice? Sir, you ought to choose a lady of high and noble blood,

who has the talent and means to counsel and aid you at your need; and

her you ought to serve so truly, and love so loyally, that she must

be compelled to acknowledge the true and honourable affection which

you bear to her. For, believe me, there is no lady, however cruel and

haughty, but through length of faithful service will be brought to

acknowledge and reward loyal affection with some portion of _pity_,

_compassion_, or _mercy_. In this manner you will attain the praise of

a worthy knight; and, till you follow such a course, I would not give

an apple for you or your achievements.’”

The lady then proceeds to lecture the acolyte of chivalry at

considerable length on the seven mortal sins, and the way in which the

true amorous knight may eschew commission of them. Still, however,

the saving grace inculcated in her sermon is fidelity and secrecy in

the service of the mistress whom he should love _par amours_. She

proves, by the aid of quotations from the Scriptures, the fathers of

the church, and the ancient philosophers, that the true and faithful

lover can never fall into the crimes of pride, anger, envy, sloth,

or gluttony. From each of these his true faith is held to warrant

and defend him. Nay, so pure was the nature of the flame which she

recommended, that she maintained it to be inconsistent even with the

seventh sin of chambering and wantonness, to which it might seem too

nearly allied. The least dishonest thought or action was, according to

her doctrine, sufficient to forfeit the chivalrous lover the favours

of his lady. It seems, however, that the greatest part of her charge

concerning incontinence is levelled against such as haunted the

receptacles of open vice; and that she reserved an exception (of which

in the course of the history she made a most liberal use) in favour

of the intercourse which, in all law, honour, and secrecy, might take

place when the favoured and faithful knight had obtained, by long

service, the boon of _mercy_ from the lady whom he loved.

The last encouragement which the Dame des Belles Cousines held out to

Saintré in order to excite his ambition, and induce him to fix his

passion upon a lady of elevated birth, rank, and sentiment, is also

worthy of being quoted; since it shows that it was the prerogative of

chivalry to abrogate the distinctions of rank, and elevate the hopes of

the knight, whose sole patrimony was his arms and his valour, to the

high-born and princely dame before whom he carved as a sewer.

“‘How is it possible for me,’ replied poor little Saintré, after

having heard out the unmercifully long lecture of the Dame des Belles

Cousines, ‘to find a lady, such as you describe, who will accept of my

service, and requite the affection of such a one as I am?’

“‘And why should you not find her?’ answered the lady preceptress. ‘Are

you not gently born? Are you not a fair and proper youth? Have you not

eyes to look on her--ears to hear her--a tongue to plead your cause to

her--hands to serve her--feet to move at her bidding--body and heart

to accomplish loyally her commands?--and, having all these, can you

doubt to adventure yourself in the service of any lady whatsoever?’”

In these extracts is painted the very spirit of chivalry, and the

manners of an age which so many modern ladies seem to regret most

deeply.

As I have already stated, warlike youth had to a certain degree

emancipated themselves from the power of the priesthood, although they

were always prepared and willing to rush into battle at their commands;

but to the honour of the clergy it must be confessed, that although

many individuals of that body might have enjoyed fighting as much as

any testy layman, yet they did exert themselves to temper and modify

as much as lay in their power the ferocity of the times. Whether in

these efforts they were chiefly influenced by motives of humanity, or

by opposition to the rivalry of secular power, it is no easy matter to

decide.

The secular power of the nobles was very great, and to a certain

degree independent of that of the sovereign. President Henault

informs us, that during the first, and a considerable period of

the second race, dukes and counts, in their quality of provincial

governors, administered all regal functions within their jurisdiction,

bestowed all military preferments, and judged by _sovereign judgment_

all appeals of the _centenaries_, or judges nominated by the

monarch,--still, in the name of the King. As at that period there

could exist no other justice but a royal one, these same dukes and

counts, having from the weakness of the government erected their

offices into hereditary rights and patrimonies, continued to preserve

their authority; and all traces of regal power disappeared in the

provinces, with the exception of the government of Hugues Capet as duke

and count, and, when he ascended the throne, his _droit seigneural_ was

added to his _royal authority_.

Before such arbitrary tribunals, when the judges were themselves unruly

soldiers, utterly ignorant of any kind of jurisprudence, and knowing no

other method of deciding a difference than by an appeal to force, the

most expeditious method of deciding a quarrel was to make the litigants

fight it out.

The only check upon the power of feudality was the influence of the

clergy, then divided into _secular_ and _regular_. The secular clerks

officiated in the several sees and parishes, while the regular lived

under monastic institutions and discipline.

_Ecclesia abhorret sanguine_ was an old maxim of the church; and, when

they condemned thousands to the torture or to death, they considered

that they conformed themselves to the letter of this humane precept

while handing their victims over to the _secular arm_ to put their

sentence into execution. Moreover, as the jurisprudence of the

sword interfered with that of the altar, many were the prelates who

powerfully declaimed against duelling and its excesses. Such were

Gregory of Tours, Avitus, and Agobard. Various councils fulminated

their anathemas on the barbarous practice; that of Valence in 855, and

of Limoges in 994, and Trent so late as 1563: while several pontiffs,

amongst whom we find Nicholas I, Alexander III, Celestin III, and

Julius II, excommunicated all sovereigns who permitted duels to take

place within their realms; and we see Charles IX. protesting against

this papal interference, when, in his edict of 1564, he reserved to

himself the power of authorizing duels when he thought it meet.

It is to this interference of the clergy that Europe was indebted for

that pacific act called the _Truce of God_, to which I have already

referred. This ordonnance, called _Treuga Dei_, was promulgated by a

council at Toulujes in Roussillon, in the year 1041, when it gradually

spread over Europe. In this celebrated act it was specified that upon

all festivals, and from Wednesday evening until Monday morning in each

week, no disputes should lead to any issue. This regulation was most

wise, as it gave three entire days in each week to offended persons to

reflect calmly on the nature of their supposed injury, or the benefits

that might result from vindictive proceedings.

It appears, however, that the nobles paid but little attention to the

_Treuga Dei_, or any other truce that tended to check their unruly

passions. A greater diversion from their private feuds soon drew their

attention in another direction; preparing the great moral revolution

that marked the eleventh and the twelfth centuries: I of course allude

to the Crusades, when, in the words of Anna Comnena, the whole of

Europe seemed to have been torn up from its foundations, and ready to

precipitate itself upon Asia. Six millions of enthusiasts, according

to contemporary writers, rushed forward in this holy war; and in 1096,

under the command of Godefroy de Bouillon, an army of about a hundred

thousand, chiefly composed of men sufficiently distinguished in their

several countries by birth and education to cut each other’s throats

with propriety, were patriotic enough to rid their country of their

presence, and were soon after followed to Palestine by another draft of

pugnacious nobility and gentry from various parts of Europe.

Nor can we be surprised at this ardour, when we consider all the

advantages held out to the crusaders both in this world and in the

next. They were exempted from all prosecution for debt, and from the

payment of all interest thereon. They were freed from taxation; they

were taken under the immediate protection of St. Peter; and all who

vexed, perplexed, or impeded them in word, deed, or thought, were

irrevocably damned. They obtained a plenary remission of all sins past

and present, with immunity for future ones; and the gates of heaven

were thrown open to them without any other claims on salvation than

their having engaged in this expedition.

The crusades moreover produced a great revolution in property; many of

these adventurers selling their lands and inheritances at the lowest

prices to equip themselves, while many of the nobles, perishing in the

expedition, left their fiefs without heirs to increase the revenue and

power of the crown.

Thus was this glorious enterprise a fatal blow to feudality; and,

when a few of these adventurers returned to their homes, they were so

reduced by misery and corrected by misfortunes, that their unfortunate

vassals entertained some dawning hopes of better days. These wanderers

had travelled over more civilized parts, and brought back some faint

notions of justice, humanity, and improvement.

Another circumstance in the twelfth century not a little added to the

progress of the human mind in search of amelioration. In 1137, when

the imperial troops were plundering and sacking the town of Amalfi, a

band of ruffians had found in some ruins an old book, the _illuminated_

pictures of which attracted their notice. The Emperor claimed this

curiosity as his prize, having discovered that it was no less than a

copy of the Pandects of Justinian; the which he presented as a valuable

trophy to the city of Pisa, whence its contents were called “_Pandectæ

Pisanæ_,” till, being borne away in turn by the Florentines, it was

afterwards named “_Pandectæ Florentinæ_.”

This accidental discovery produced a new era in Europe: it showed the

barbarians who wielded the brute power of force, that there did exist

other arguments than the sword’s point or the spear-head; and murder,

which had usurped the seat of justice for upwards of six centuries, was

obliged to yield to the influence of reason and interest. Schools of

civil law were now opened, that superseded the exercises of the lists;

and the study of Roman law succeeded the Lombardian code, despite the

endeavour of the clergy to protect their canonical institutions by

fulminating anathemas issued from the Vatican. The clergy of England,

who, like their predecessors the Druids, had engrossed every branch of

learning, lost no time in obtaining a proficiency in all the ancient

oral maxims and customs, called common law, which had been handed down

from former ages. Hence William of Malmsbury, soon after the Conquest

asserted, _Nullus clericus nisi causidicus_. The judges were created

out of the sacred order, and all the inferior offices filled up by the

lower clergy, their successors to this day being called _Clerks_.

Thus we see two events, the crusades and the introduction of civil

law, checking the disastrous excesses of duelling and arbitrating all

differences by the sword. The future was pregnant with two events of

still greater importance towards humanizing Society,--the fall of the

Eastern empire, and the discovery of the art of printing: by the one,

civilization was thrown back on the West; and by the other gift of

Providence man began to learn to think for himself.

We thus perceive the progress of duelling, and its less frequent

occurrence, depending in a great measure upon the state of society and

the nature of government: by following this progress chronologically

in the history of various countries, we shall attain much information,

both as regards the prevalence of this barbarous custom, and the

success of different governments in their endeavours to suppress, or,

at least, restrain its excesses. When, after reading the details of

many of these duels, (some of them of perhaps a tedious nature, but all

tending to illustrate the manners of the age,) we glance on the civil

and religious condition of the people amongst whom they took place,

the deductions from these observations may be found to be of more

importance than may at first sight appear.

The History of Duelling. Vol. 1 (of 2) · 第 5 / 22 章