To a certain extent, to the shame of the civilized world be it said, this savage and absurd decree is acted upon in the present age!
The manner in which these judicial combats were carried on was equally ferocious and disgusting. “The accuser was with the peril of his own body to prove the accused guilty; and, by offering his glove, to challenge him to this trial, which the other must either accept, or else acknowledge himself culpable of the crime whereof he was accused. If it were a crime deserving death, then was the combat for life and death either on horseback or on foot. If the offence only deserved imprisonment, then was the combat accomplished when the one had subdued the other, by forcing him to yield, or disabling him from defending himself. The accused had the liberty to choose a champion in his stead; but the accuser must appear in his own person, and with equality of weapons. No women were allowed to behold the contest, nor male children under the age of thirteen. The priests and the people did silently pray that the victory might fall on the guiltless; and, if the fight were for life or death, a bier stood ready to carry away the dead body of him who should be slain. None of the people might cry out, shriek, make any noise, or give any sign whatever; and hereunto, at Hall in Suevia, (a place appointed for a camp-fight,) was so great a regard taken, that the executioner stood beside the judges, ready with his axe to cut off the right hand and left foot of any party so offending. He that, being wounded, did yield himself, was at the mercy of the other, to be killed or allowed to live: if he were slain, he was buried honourably, and he that slew him reputed more honourable than before; but if, being overcome, he was left alive, then was he declared by the judges void of all honest report, and never after allowed to ride on horseback or to carry arms.”
In later days, the Burgundians, faithful to their early institutions, and the Flemish citizens governed by the Duke of Burgundy, used to settle their disputes in a manner somewhat similar. In imitation of the ancient athletæ, who anointed their bodies with oil, these worthies smeared themselves over with tallow or hog’s lard, and then, with a buckler and club, fell to; having first dipped their hands in ashes, and filled their mouths with honey or sugar. They then contended until one of the parties was killed,--and the survivor was hanged for his trouble.