extinguished; and the ineffectual
censures of saints, of popes, and of synods, may seem to prove, that
the influence of superstition is weakened by its unnatural alliance with
reason and humanity. The tribunals were stained with the blood, perhaps,
of innocent and respectable citizens; the law, which now favors the
rich, then yielded to the strong; and the old, the feeble, and the
infirm, were condemned, either to renounce their fairest claims and
possessions, to sustain the dangers of an unequal conflict, [83] or
to trust the doubtful aid of a mercenary champion. This oppressive
jurisprudence was imposed on the provincials of Gaul, who complained
of any injuries in their persons and property. Whatever might be the
strength, or courage, of individuals, the victorious Barbarians excelled
in the love and exercise of arms; and the vanquished Roman was unjustly
summoned to repeat, in his own person, the bloody contest which had been
already decided against his country. [84]

[Footnote 80: Montesquieu (Esprit des Loix, l. xxviii. c. 17) has
condescended to explain and excuse "la maniere de penser de nos peres,"
on the subject of judicial combats. He follows this strange institution
from the age of Gundobald to that of St. Lewis; and the philosopher is
some times lost in the legal antiquarian.]

[Footnote 81: In a memorable duel at Aix-la-Chapelle, (A.D. 820,) before
the emperor Lewis the Pious, his biographer observes, secundum legem
propriam, utpote quia uterque Gothus erat, equestri pugna est, (Vit.
Lud. Pii, c. 33, in tom. vi. p. 103.) Ermoldus Nigellus, (l. iii.
543-628, in tom. vi. p. 48-50,) who describes the duel, admires the ars
nova of fighting on horseback, which was unknown to the Franks.]

[Footnote 82: In his original edict, published at Lyons, (A.D. 501,)
establishes and justifies the use of judicial combat, (Les Burgund. tit.
xlv. in tom. ii. p. 267, 268.) Three hundred years afterwards, Agobard,
bishop of Lyons, solicited Lewis the Pious to abolish the law of an
Arian tyrant, (in tom. vi. p. 356-358.) He relates the conversation of
Gundobald and Avitus.]

[Footnote 83: "Accidit, (says Agobard,) ut non solum valentes viribus,
sed etiam infirmi et senes lacessantur ad pugnam, etiam pro vilissimis
rebus. Quibus foralibus certaminibus contingunt homicidia injusta; et
crudeles ac perversi eventus judiciorum." Like a prudent rhetorician, he
suppresses the legal privilege of hiring champions.]

[Footnote 84: M