Kings & rulers > History of the reign of the Emperor Charles V. > Volume 1

PROOFS AND ILLUSTRATIONS. Tgt
lliat the judicial combat was originally permitted, in
order to determine points refpedhng the perfonal cha¬
racter or reputation of individuals, and was afterwards
extended not only to criminal cafes, but to queftions
concerning property. The words of the law are, “ if
any man fhall fay to another thefe reproachful words,
“ you are not a man equal to other men,” or,
you have not the heart of a man,” and the other
fhall reply, “ I am a man as good as you,” let them
meet on the highway. If he who ftrlt gave offence
appear, and the perfon offended abfent himfelf, let
the latter be deemed a worfe man even than he was
called ; let him not be admitted to give evidence in
judgment either for man or woman, and let him not
have the privilege of making a teftament. If he who
gave the offence be abfent, and only the l erfon offended
appear, let him call upon the other thrice with a loud
voice, and make a mark upon the earth, and then let
him who abfented himfelf be deemed infamous, becaufe
he uttered words which he durft not fupport. If both
fhall appear properly armed, and the perfon offended fhall
fall in the combat, let a half compenfation be paid for hi*
death. But if the perfon who gave the offence (hall
fall, let it be imputed to his own rathnefs. The petu¬
lance of his tongue hath been fatal to him. Let him lie
in the field without any compcnfation being demanded
for his death.” Lex Uplandica, ap. Stiern. p. 76.
Martial people were extremely delicate with refpefl to
every thing that affeCled their reputation as foldiers-
By the laws of the Salians, if any man called another a
6are, or accufed him of having left his (hield in the field
of battle, he was ordained to pay a large fine. Leg-
Sal. tit. xxxii. § 4, 6. By the law of the Lombards, if
any one called another arga, i. e. a good for nothint.
fellow, he might immediately challenge him to combat1
Leg. Longob. lib. i. tit. v. ^ 1. By the law of the Sa¬
lians, if one called another cenitus, a term of reproach
equivalent to arga, he was bound to pay a very high
fine. Tit. xxxii. § r. Paulus Diaconus relates the
violent imprelfion which this reproachful expreffioit
C C z mad*