The History of Scotland From Agricola's Invasion to the Revolution of 1688 2

Cover The History of Scotland From Agricola's Invasion to the Revolution of 1688 2
The History of Scotland From Agricola's Invasion to the Revolution of 1688 2
Burton, John Hill, 1809-1881
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: ** Proportatio visneti." ' Assisa Davidis II. : *^ Utrum velit duellum vel purgacionem duo- decim fidelium hominum." VOL. 11. K 146 PROGRESS OF THE NATION.
ordeal of Battle should remain too as a mitigatioii of its influence.^ It frequently comes up in these frag- ments of old laws ; and all that can be said for it is, that it is grasped at along with other rough remedies as if to throw the life and liberty of the citizen on any available alternative rather than the absolute power of a ruler.
... In their dealings with this peculiar legal remedy, the old laws make no allusion to any special intervention from on high giving supernatural strength to the weak arm advocating a just cause. There is nothing in sight of the lawgiver, so far as he expresses himself, but a fair stand-up fight and victory to the stronger. Simple as such a method of settlement might seem, however, there were difficulties in its adaptation to the condition of society in the thirteenth century. It was a rule, but of comparatively late adoption, that churchmen must for decorum's sake be exempt from fighting, whatever their ability; and widows who cannot fight must be protected in their rights.

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