iling oil. Besides, as Montesquieu
observes, the poltroon stood the poorest chance in the judicial combat,
and the poltroon was more likely to be guilty than the man of courage.
The weak, of course, were at the mercy of the strong; but in one point,
at least, the combat had an obvious advantage over the other ordeals.
How amusing it must have been to a sceptic, if such then existed, to
see the opposition between the nobles and the clergy. The nobles
said "Fight!" and the clergy cried "That is impious." The clergy said
"Swear!" and the nobles cried "That is sacrilege and leads to perjury."
No less amusing was the turn which combat took in Spain in the eleventh
century. There was a struggle between the Latin and the Gothic liturgy.
Aragon yielded to the papal pressure, but Castile thought the contest
should be decided by the sword. Accordingly, Mosheim tells us, two
champions were chosen; they fought, and the Latin liturgy was defeated.
But the Romish party was not satisfied. The two liturgies were thrown
into a fire, and the result of the ordeal was another triumph for
the Goths. Still the divine decisions are frail when opposed to the
interests of the Church. Queen Constantia, who controlled King Alphonso,
sided with the pontiff of Rome, and the priest and the lady carried the
day.
Though incorporated in the judicial system of Christendom, the duel is
scorned by the Turks, and was unknown to the Greeks and Romans. Lord
Bacon remarks this in one of his admirable law tracts:
"All memory doth consent that Greece and Rome were the most valiant and
generous nations of the world; and, that which is more to be noted, they
were free estates, and not under a monarchy; whereby a man would think
it a great deal the more reason that particular persons should have
righted themselves; and yet they had not this practice of duels, nor
anything that bare show thereof." (_Charge against Duels._)
Bacon observes that the most valorous and generous nations scorn this
practice. Why then did it obtain so long in Christendom? Was it because
the Northern and Western nations were cowardly and selfish? Nothing
of the kind; it was because they were superstitious, and their
superstition was cherished by the Church. Even at the present day the
Church calls international combat an appeal to God; regimental banners
are consecrated by priests, and laid up in temples when dilapidated;
and Catholic and Protestant priests alike implore victory fo
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