Page:Memoirs of Extraordinary Popular Delusions and the Madness of Crowds Vol 2.djvu/283

 will find a copious summary of the code of ancient duelling. 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.

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 lèse majesté, 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. ( 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 he might establish her guilt by killing him. All the friends and relatives of the countess believed in her innocence; but Gontran was so stout and bold and renowned a warrior that no one dared to meet him, for which, as Brantôme quaintly says, "mauvais et poltrons parens estaient." The unhappy countess began to