All About History - Issue 111, 2021_

(EriveltonMoraes) #1

Throughout Medieval


Europe,  violent duels were


a  common method of


resolving legal conflicts


Y

ou stand in your armour, sword and shield at
your side. Across from you is your opponent


  • similarly dressed and awaiting the moment
    when your duel will begin. Perhaps you are
    professional ‘champions’, thugs hired to defend
    your employers’ rights on the battlefield. Perhaps it’s your
    rights you are protecting, facing your enemy yourself while
    the eyes of the court and even God look on. Or maybe you
    are standing in a hole, defending yourself with a club while
    your wife chucks rocks at you to settle a marital dispute. For
    centuries, these scenarios were very real ways through which
    a variety of legal cases were solved, from land disputes to
    accusations of theft and even rape. ‘Trial by combat’ or ‘Judicial
    Duels’ were used throughout Europe, particularly during the
    Middle Ages where they saw something of a ‘golden age’.
    Trials by combat had ancient origins and had been practised
    prior to their proliferation in the Middle Ages. In particular,
    Ancient Greece was known to favour single combat to solve
    disputes, as A MacC Armstrong of the Classical Association
    noted in a 1950 paper on the subject: “The Heroic age of Greece,
    like the heroic age of western Europe, practised trial by combat.
    For a combat to be judicial it must be single combat, it must
    be of numinous imports, as evidenced among the Greeks by
    a  connexion with divination in the form of oracle or prophecy
    and there must be a dispute the issue of which is to depend on
    the result of the combat.”


TRIAL


BY


COMBAT


Written by
Callum McKelvie
Free download pdf