Page:A general history for colleges and high schools (Myers, 1890).djvu/446

388 disputes were sometimes settled in this way. The modern duel may probably be regarded as a relic of this form of trial.

The ordeal was frequently performed by deputy, that is, one person for hire or for the sake of friendship would undertake it for another; hence the expression " to go through fire and water to serve one." Especially was such substitution common in the judicial duel, as women and ecclesiastics were generally forbidden to appear personally in the lists. The champions, as the deputies were called, became in time a regular class in society, like the gladiators in ancient Rome. Religious houses and chartered towns hired champions at a regular salary to defend all the cases to which they might become a party.

The Revival of the Roman Law.—Now the barbarian lawsystem, if such it can be called, the character of which we have simply suggested by the preceding illustrations, gradually displaced the Roman law in all those countries where the two systems at first existed alongside each other, save in Italy and Southern France, where the provincials greatly outnumbered the invaders. But the admirable jurisprudence of Rome was bound to assert its superiority. About the close of the eleventh century, there was a great revival in the study of the Roman law as embodied in the Corpus Juris Civilis of Justinian (see p. 358), and in the course of a century or two this became either the groundwork or a strong modifying element in the jurisprudence of almost all the peoples of Europe.

What took place may be illustrated by reference to the fate of the Teutonic languages in Gaul, Italy, and Spain. As the barbarian tongues, after maintaining a place in those countries for two or three centuries, at length gave place to the superior Latin, which became the basis of the new Romance languages, so now in the domain of law the barbarian maxims and customs, though holding their place more persistently, likewise finally give way, almost everywhere and in a greater or less degree, to the more excellent law-system of the empire. Rome must fulfil her destiny and give laws to the nations.