ned Montesquieu, where they will find a
copious summary of the code of ancient duelling.[55] Truly does he remark,
in speaking of the clearness and excellence of the arrangements, that, as
there were many wise matters which were conducted in a very foolish
manner, so there were many foolish matters conducted very wisely. No
greater exemplification of it could be given than the wise and religious
rules of the absurd and blasphemous trial by battle.

[55] _Esprit des Loix_, liv. xxviii. ch. xxv.

In the ages that intervened between the Crusades and the new era that was
opened out by the invention of gunpowder and printing, a more rational
system of legislation took root. The inhabitants of cities, engaged in the
pursuits of trade and industry, were content to acquiesce in the decisions
of their judges and magistrates whenever any differences arose among them.
Unlike the class above them, their habits and manners did not lead them to
seek the battle-field on every slight occasion. A dispute as to the price
of a sack of corn, a bale of broad-cloth, or a cow, could be more
satisfactorily adjusted before the mayor or bailiff of their district.
Even the martial knights and nobles, quarrelsome as they were, began to
see that the trial by battle would lose its dignity and splendour if too
frequently resorted to. Governments also shared this opinion, and on
several occasions restricted the cases in which it was legal to proceed to
this extremity. In France, before the time of Louis IX., duels were
permitted only in cases of _lese majeste_, _rape_, _incendiarism_,
_assassination_, and _burglary_. Louis IX., by taking off all restriction,
made them legal in civil cases. This was not found to work well, and, in
1303, Philip the Fair judged it necessary to confine them, in criminal
matters, to state offences, rape, and incendiarism; and in civil cases, to
questions of disputed inheritance. Knighthood was allowed to be the best
judge of its own honour, and might defend or avenge it as often as
occasion arose.

Among the earliest duels upon record, is a very singular one that took
place in the reign of Louis II. (A. D. 878). Ingelgerius count of
Gastinois was one morning discovered by his countess dead in bed at her
side. Gontran, a relation of the count, accused the countess of having
murdered her husband, to whom, he asserted, she had long been unfaithful,
and challenged her to produce a champion to do battle in her behalf, that