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Duels
between knights were coming to an end. They had been replaced by
comparatively harmless jousts and tournaments that had casualty rates
comparable to NFL games. There was only one serious fight during
Francis's reign. In that case the king granted a “closed field” to the
Sieur de Sarzay and Sieur de Veniers in 1538. The fight ended when one
man was wounded on the heel and the King threw down his baton ending
the fight. The King ended the thing without a judicial settlement
saying to both men that their quarrel was foolish.
At the time
there were still three different types of recognized personal fights
that would have the King or his representative present. The first was a
judicial duel where a person was accused of committing a crime and
appealed on the judgement of God. This would be fought by the accused
and a representative of the victim . The second type was the joust and
tournament. These were fights for the fun of it. While the intention
was not to kill anyone, with the crude state of medicine at the time,
death was an option The third was a Duel of Chivalry. This would
be betwixt and between the previous two. It arose over a pretty major
insult between two parties. It would involve many of the ceremonies
associated with the other two; much would depend on the rules agreed on
by the participants.
The Judicial Duel
Dueling
originally was a legal means of deciding disputes between two people.
The “judicial duel” or combat was based on religious belief that God
would protect the party in the right by allowing him to win. The
judicial duel had evolved from the earlier “ordeal” where the accused
was subjected to exercises such as holding burning objects. If the
burns caused by such exposure failed to heal, the accused obviously was
guilty of the charge against him. Although many combats were arranged
to decide criminal matters, combat also could serve as a means for
resolving civil disagreements such as disputes over real or personal
property. There were exemptions: women, the infirm, very young, and
very old men were not required to enter combat, but could engage
champions on their behalf. The judicial duel was a ceremonial affair
presided over by royalty who proclaimed the victor. The
earliest surviving law which governed the judicial duel is found in the
Burgundian Code, an early East Germanic barbarian code promulgated in
the late 5th and early 6th centuries under King Gundobald (reigned
474-516). The date of legal establishment of the trial by combat
traditionally is stated as the year 501. Provisions of the Burgundian
Code stated an unequivocal faith in the infallibility of God's judgment
(“...God being the judge...”) and encouragement to potential combatants
not to shrink from the fray (“...it is just that if anyone shall say
without delay that he knows the truth of the matter and shall offer to
take oath, he should not hesitate to fight”).
As trial by combat
became an institution in France, efforts to regulate it were mounted.
The Truce of God, issued by the Roman Catholic Church in 1041, forbade
duels on the several days consecrated in honor of the mysteries of
Christianity. Other pronouncements included Louis VII's 1167
prohibition of all duels over claims not exceeding five sous.
Eventually trial by combat was permitted only in cases of serious
crimes, such as murder and treason. The fight was set up and run by
the crown. They chose the weapons and set the rules. This was a pretty
grizzly affair. In the first place, each man had to bring a coffin and
it was displayed by his pavilion. Then a public gibbet would be erected
and staffed by the public executioner. When the fight ended, the loser
(and his champion) would be degraded and executed.
The Tournament and Jousting
This
fight was a “mock duel” or demonstration of a knight's skill. These,
however, could be as bloody as a duel. In fact, the Church was opposed
to tournaments due to the high mortality rate of the participants, and
the Council of Rheims of 1148 prohibited Christian burial for the
casualties of such events.
The parties running the event set up
the rules. By this time precautions were taken. In the mounted passes,
special armor was worn. Lances were blunted. A barrier was set up to
keep the horses from running into each other. In combats on foot, a
barrier would be set up to separate the fighters
The Duel of Chivalry
The
duel of chivalry evolved from the judicial duel, co-existing with it
for several hundred years. Scholars generally agree that knighthood
originated in the 10th century, and duels of chivalry date from
approximately that time. These also were events of great ceremony. The
duel of chivalry is distinguished from the tournament, but since they
were infrequent, the rules governing tournaments and chivalric duels
were similar. A major difference was that the rules, refereeing
and equipment were agreed on by the parties themselves, rather than an
outside agency.
Duels of chivalry declined around the middle of
the 16th century, giving way to the duel of honor. The evolution of
dueling was not a seamless continuum, and this last chivalric duel
displayed elements of the ceremonial judicial duel with its royal
arbiter, and of the duel of chivalry with its pageantry.
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