CHAP. XIX.: A new Reason of the Disuse of the Salic and Roman Laws, as also of the Capitularies.

I HAVE already mentioned the reasons that occasioned the disuse of the Salic and Roman laws, as also of the Capitularies; here I shall add, that the principal cause was the great extent given to judiciary combats.

As the Salic laws did not admit of this custom, they became in some measure useless, and fell into oblivion. In like manner, the Roman laws, which also rejected this custom, were laid aside: their whole attention was then taken up in establishing the law of judicial combats, and in forming a proper digest of the several cases that might happen on those occasions. The regulations of the Capitularies became likewise of no manner of service. Thus it is, that such a number of laws lost all their authority, without our being able to tell the precise time in which it was lost; they fell into oblivion, and we cannot find any others that were substituted in their place.

Such a nation had no need of written laws; hence its written laws might very easily fall into disuse.

If there happened to be any disputes between two parties, they had only to order a single combat. For this no great knowledge or abilities were requisite.

All civil and criminal actions are reduced to facts. It is upon these facts they fought; and not only the substance of the affair, but likewise the incidents and imparlances were decided by combat, as Beaumanoir observes, Chap. 61. pag. 309 and 310. ^†635 who produces several instances.

I find that towards the commencement of the third race, the jurisprudence of those times related entirely to personal quarrels, and was governed by the point

of honour. If the judge was not obeyed, he insisted upon satisfaction from the person that contemned his his authority. At Bourges, if Charter of Lewis the Fat, in the year 1145, in the collection of Ordinances. ^†636 the provost had summoned a person and he refused to come: his way of proceeding was, to tell him, “I sent for thee, and thou didst not think it worth thy while to come; I demand therefore satisfaction for this thy contempt.” Upon which they fought. Lewis the Fat reformed this custom. Ibid. ^†637

The custom of legal duels prevailed at Charter of Lewis the Young, in 1188, in the Collection of Ordinances, ^†638 Orleans, even in all demands of debt. Lewis the Young declared, that this custom should take place only when the demand exceeded five sous. This ordinance was a local law; for in St. Lewis’s time See Beaumanoir, chap. 63, pag. 325. ^†639 it was sufficient that the value was more than twelve deniers. Beaumanoir See the custom of Beauvoisis, cap. 28, pag. 203. ^†640 heard a gentleman of the law affirm, that formerly there had been a bad custom in France, of hiring a champion for a certain time, to fight their battles in all causes. This shews that the usage of judiciary combats must have had, at that time, a prodigious extent.