Was Trial By Combat Ever Actually a Thing?
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- Опубліковано 17 жов 2024
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In this video:
While dueling outside of the legal system to resolve a dispute has been around in one form or another seemingly as long as there have been humans, trial by combat (determining guilt or innocence with, essentially, a duel sanctioned by the courts) dates back to around the 7th century CE and Germanic law, becoming a relatively common practice in Europe through the 16th century.
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Now that you now all about trial by combat check out this video and find out the answer to the question- Did People Ever Really Put Crocodiles In Moats?:
ua-cam.com/video/7cgVHCqVt1Y/v-deo.html
Typo in your comment. “Know” not “now”.
@T. F. 32 Leave Simon alone
Wait did you say at 3:00 that someone was junk slammed so hard that it disemboweled the guy???
Uuuuu
I am very good at fighting, thus proving my innocence for the crime of assault.
I think you're guilty of bragging.
it was a joke
The Original Gamer I think you are guilty of having no sence of humor...(as a unbiased commenter) I am sure it was a joke.
Sam BTW...I do happen to be good at fighting .... and yes I am guilty of bragging...But dude was joking.
Sam it's fun and game until someone actually challenge you to actual trial by combat
...But can SkillShare teach me to how better succeed at the aforementioned Trial by Combat?
Probably not, but if you watch Scholagladiatoria or Skallagrim you could.
Or The SCA (Society for Creative Anachronism) The pictures he shows in this of Real men (Not drawings) fighting, are members of the SCA.
Just remember the first rule of fighting:
If you ever find yourself in a fair fight, you've already made a mistake.
Ben Moore You'd be much better off learning from a HEMA teacher like Matt Easton of Scholagladiatoria channel. While SCA is not bad you're guaranteed to learn real historical fighting techniques from a HEMA club/instructor.
Note that *none* of that has anything to do with SkillShare, a great service to learn new things, or to touch up on skills that have atrophied.
(Can I get that sweet, sweet sponsorship money now? I mean, it's just a UA-cam comment, but it's gotta be worth *something,* right?)
1) You have the right to remain silent
2) You have the right to beg for mercy
3) You have the right to request judgement by combat
Dwights Rights
"I will not give my life for Jofrey's murder, and I know I'll get no justice here, so I will let the Gods decide my fate...
I demand a trial by combat. "
-Tyrion, The pIMP.
By the laws if Westeros, he Tyrion was guilty.
"Sadly, there is no cure for being a cunt."
-Bronn the Badass
Caramon Majere “Lots of people name their swords”
“Lots of cunts”
I knew I’d find this comment down here
@@theroachden6195 was he though? Both combatants died.
Once he mentioned that these champions were like lawyers but with brawn instead of legal arguments AND the abbots settled during the fight, it occurred to me that this isn't necessarily all that different if you assume lots of court cases today are decided by who has more money to hire a better lawyer with stronger rhetoric skills...
Obviously being better skilled at investigation and rhetorical arguments and logic has slightly more to do with proving guilt or innocence, but either way the rich have an advantage in being able to hire a skilled person to represent them. In the past crimes between nobles could often result in war or long-term feuds, so trial by combat is basically agreeing to have a single 1v1 battle to decide the matter quickly in order to avoid a long, drawn-out (and probably more expensive in resources and human life) feud or war...
EmethMatthew the nature of combat have changed but the process is still primitive essence
It's a way to balance things out. Lets suppose you have a judicial duel in which you cannot name a champion. Your challenger is a very skilled swordsman or marksman and you've never held a weapon in your life. That's not going to be very fair. To balance that out, you can name a Champion to fight for your honor. Well, that probably worked for a short time until people became Champions for hire. Then it worked out for the rich even more as now not only could they risk no harm to them selves, but they could pay their way out with a world class champion.
The same with lawyers. People used to defend themselves. Which is all good and fine until you've got a sharp witty someone going against someone who's got more brawn than brain. So, like Champions, lawyers came about to give balance. That is until people realized they can just pay for the best of the best while the disadvantaged is stuck without good representation. To try and balance that out we now have public defenders. (we shouldn't imo). If you don't have money to hire a lawyer you can have the state appoint to you someone they employ to defend you. In other words, your defense against the state is being handled by a state employee who isn't able to sit down and talk to you and probably has 15 or 20 other people to "defend" that week. Through little fault of their own that results in public defenders, prosecutors, and judges becoming well acquainted and settling for plea deals instead of being able to take the time to actually look over the defense. It just can't be done. That also sadly causes some lawyers who are less motivated, less obligated, and overworked to say "fuck this, I wanna go home early tonight". That's where we're at today. Obviously not every public defender is like that but a lot are over worked, under appreciated, under paid, and don't get a chance to dig deep into cases.
What's the next step to balance things out? (Un)fortunately I think it's headed towards mass surveillance and AI. (un)fortunately because with the widespread use of cameras people are able to prove their innocence a lot easier. The Un* comes from software currently being developed that enables you to create seemingly flawless video footage or audio that is completely fabricated. Which will push people to want to record everything they do 24/7 and store it on a private server to dispute fakes. The AI deciding court cases may not ever happen and if it does I don't think it'd be in our lifetime.
All that being said. I'm very much in favor of dueling to be perfectly legal. Although, I can think of very few instances where I'd want to participate. I don't think there's anything wrong with two people who want to duel, to be able to duel.
@@Matt-od1do It's alright. If you don't want to participate I'll duel in your stead!
It's at this point I remember my profile picture and realize how well it fits.
You are absolutely correct. I heard a quote from a law professor who said in reference to Merica's legal system, "I'd rather be rich & guilty than poor & innocent"
@@CyranofromBergerac Ah yes, Cyrano De Bergerac.
"...and threw him from him" Jesus, I never heard a line sound so convoluted invoke so much pain in my imagination
in the title 'trial by combat', in the desciption: 'get a 2 month trial for 99 cents'...
"I really respect you and everything you've made with the farm and everything, so I thought I might challenge you to a, uhm, holmgång."
Holmgang I can not find anything on it, man that looked like a cool video too.
Will your chest hair ever meet your beard? Two magnificent forces clashing! Reminds me of the setup stage of a Total War game.
He spends thousands of dollars every week in overseas beauty salons to keep them at bay and avoid the cataclysmic clash.
thumpertron if that happened,the universe would implode from such awesomeness.
Ba hahahaha! First thing I saw too. I was like dude, maybe one more button, its not 1977. Though I probably would have let it pass had he been wearing a suitably large medallion.
Lot of guys shave off their beard at the neck. Truth of the matter is that this chasm is artificial and Simon's beard, chest hair and pubes are naturally one unbroken whole. He shaves like this to spare us lesser men the despair of witnessing a beard so much greater than ours.
Lmao that’s hilarious
2:56 That fight went almost exactly like the Viper vs the Mountain.
I was just going to comment about that. I'm curious if this fight inspired the novel.
It is actually pretty ok, if you do it by the book, and end them rightly.
Throwing the Pommel?
Is there any other way to end someone rightly?
That's all well and good but you need to make sure all innocent bystanders are outside the blast zone (country)
Solid and unexpected use of this meme, to the top with you!
*unscrews pommel*
He has a really tight alibi. It’s one of those things where people have a bias and can’t shake it off. Evidence clearly says he most likely didn’t do it but the weaker evidence - him saying he wanted to sleep with her - was known first. Luckily the jurors didn’t let bias get in the way. It’s too bad the accusers spent more money on an appeal. They could’ve used that to find the real killer but they failed to realize their own biases and check their own logic, resulting in a waste of everyone’s money and time.
Wonder if the water pit was deep. If she fell in it, she could have drowned too...
"Iron Herman"!?! I guess that's one way for someone named Herman some respect. #Hermanator
C.J. Nyssen You should look up Hermann (aka "Arminius"), the badass Germanic general who ambushed and slaughtered three whole Roman legions in the Teuterberg Forest.
C.J. Nyssen you do know Nyssen or Nissan are Scandinavian for fairies, right?
Tim Stellmach - Arminius was his Latin name, his German name is not known but is really unlikely to have been Hermann.
Hermann is a servants (or slave) or christian name, it is derived from- des Herren mann - or the lords servant.
More likely his name was Siegfried or Sigurd, they reference to victories, more appropriate for a leader.
Having found this video AFTER seeing "The Last Duel" I was just like "I know the answer to this one"
Starts @0:52
3:18
"Prostate" and "Prostrate" are two different things.
That’s great, but nobody ever said or implied that the two words were the same. There was simply a typo in the text and luckily the speaker was smart enough to know what the word was actually supposed to be. In any case, since I make more than my fare share of typos (as do most of us) I don’t’ really feel I have the right to call other people out on their own typos.
@@SLOBeachboy
Considering the context it was probably more of a Freudian slip than a regular typo. ;)
*fair
Oh the irony.
*don’t
"Where Guy was unprotected, and grabbed him by the testicles... turned into large dark villainous creature and said "We are... Venom!" "
Holy crap, you actually made a video for my question!! That's awesome, thanks!!
Excellent elbow patches professor Whistler!
Very excellent indeed ol chap
Thank you so so much, I with to Skillshare and signed up for the 2 month deal. I believe it will help me get a head start on my AS. When I return to college this fall. I love your channel. I hope you have an awesome day.
So, three years later, did you get a head start on your AS? :P
Of course trial by combat was real... Realest kind of trial in icelandic law code.
Played a D&D game that featured trial by combat, but the players kept abusing it so the DM tried to change the law in the universe. We challenged the change - with trial by combat.
"For, by the law of God, no knight who is false can win in combat with one who is true." - King Arthur, Excalibur (1981) :D (Still one of my favorite lines)
What would happen if a president of the united states improperly signed a bill? Has something like this occurred before?
Such as something preventing them from finishing their signature (maybe left at one dot of ink on the paper? if that could count as a signature)
or signing something other than their name in the correct field (if writing something like F-you could be counted as a signature, mispelling their name, writing someone else's name, etc.)
Zakerath yes! Simon look over here!!!!!
On a related note, former California governor Arnold Schwarzenegger told the legislator "f-you" in a letter rejecting a bill www.businessinsider.com/schwarzenegger-says-f-you-to-california-legislature-2009-10
that's funny! I wonder if that was finding a random pattern or intentional.
The signature has to be valid for the document to be considered signed. So it would be treated as not signed.
Short answer: yes
Long answer: Technically it isn’t a trial more so than a duel (commonly between two nobles, particularly French nobles). The aim was more so to humiliate one who’s wronged you, unfortunately most bouts ended with one the loser dying from infection or injuries suffered from the duel. Contrary to popular belief these deaths were legal due to duels being legal proceedings (albeit considered cruel and unusual by modern standards) where honor was a big deal
Psyconaught Gaming No. Trial by combat was done by everyone from all walks of life. Nobles had their own way of setlling disputes legally, and more often than not they would just joust instead of engaging in what was considered a down-and-dirty way of obtaining justice. People slightly lower on the totem pole (knights, men-at-arms, sons of nobles) did engage in such judicial combat regularly, but true landed nobles would avoid it if they could.
In the medieval military, judicial dueling more often happened between lower-ranked soldiers who couldn't afford proper representation and for whom their lords simply had no time to spare playing magistrate. In civilian courts, this could be between everything from jilted lovers to quarelling married couples to drinking buddies who said a bit too much while drunk. In one recorded case, a merchant who accidentally admitted to a malfeasance while drunk challenged the guy in the pub who leaked it to trial by combat and won. By law then the admission became slander and the loser was forced to pay a fine. The rest of the town simply pretended like they didn't know about the winner's nefarious dealings.
Well, there was, in England and the Uninted States at least, a difference between a legal duel and trial by combat.
justachannel In England trial by combat was in the legal code. Dueling never was. The "legal" duel was a fiction created to protect the wealthy and powerful individuals who engaged in it. What the magistrates would do was declare ex-post-facto the duel to have been sanctioned trial by combat, invoking the same legal justifications. Basically, you dueled then you and your friends and the opposing side's friends would find a judge willing to be bribed to say that he already looked at the case and sanctioned the action as trial by combat. Dueling was always illegal BECAUSE trial by combat existed. If a judge couldn't be found to give sanction, then the participants exercised prudence and just kept the duel "secret".
You have to go back longer to the 9th to 13th centuries to find actual legal dueling mechanisms in the books, usually in the form of weregild. People fought duels all the time and if both survived, the magistrate fined both parties for "brawling". If one got killed, the winner paid weregild to the state and the family of the deceased, and the matter was closed.
Now, there was a form of legal dueling performed publicly in most of Europe, and there were rules governing them. These were tests of skills and jousts, basically MMA with weapons and armor. However, they differed from trial by combat and actual duels in that the latter two were means to settle grievances with direct violence, while tests of skills were exhibitions of martial prowess. That said, there were cases in the military context where tests of skills were used as a mechanism to settle grievances or even end battles, in the style of the heroic ages. Landsknechts, condottieri, and other mercenary forces liked engaging in such fights as a way to conserve forces.
In the late 19th and early 20th century, a form of modern legal dueling became fashionable in France but this was again a form of sports. Participants would wear heavy padded costumes and masks and shoot at each other with what were basically paintball guns. It was apparently really popular amongst the gentlemanly classes of Europe before their replacement by the noveau riche - who lacked their "chivalric" inclinations.
Andrew Suryali If that be, it's quite odd that dueling in the United States (and the states or some thereof) appears to have been whollly legal. Quite famously, one of our vice presidents killed a former Secretary of the Treasury (the first) in a duel. And Andrew Jackson (our 7th president) had killed more than one man dueling before he took office.
And Burr, the VP, was not prosecuted for anything related to the duel.
Correction: Jackson fought more than one duel; however, only one man was killed. I also believe dueling was outlawed by Tennessee sometime shortly after.
Best question ever!! Thank you!! Give me more nostalgia! I’m feeling Digimon right now :)
I dont have sound at this computer, but yes, the Vikings had a system called "Holmgang" which basicly translates to Iland-embarking. There the trial by combat was decided by two pards entering the island and the one that returned alive won.
Funfact: the Thalhoffer manuscript (as seen at 5:50) features a chapter on judicial duels and one image depicts a woman snapping a guys neck!
You can find it by googling talhoffer duell pit woman.
As a sidenote: the judicial duels in that book used some weird weapons, to compensate for disparity in experience in swordfighting etc. and take differences in weightclass into account.
If I was ever accused of something in court, I will re quest a trial by combat. The might make the judge and juries heads explode. Instant freedom
I can't wait for the sovereign citizens to pick up on this and start demanding trial by combat.
What you'll get is an eyeroll from the judge
Holmgang/holmgång was not just a Swedish tradition, but a Norse one.
"FIGHT ME!"
"Nope."
"Not guilty!"
Wow dude,you really knocked it out of the park on this one.Impressive,guess I better like and sub as you seem a very well-read and reasonable bloke.
No mention of Talhoffer, arguably the most well known manual on Trial by Combat, and randomly illustrates medieval combat using some SCA stick fighting?
Weird
They even used a graphic directly out of Talhoffer's manuscript, but didn't mention him or his work. I was disappointed.
I read about one following the Norman invasion whereby a Saxon man accused his neighbour of dropping hedge clippings in his garden.
Expecting some form of financial reward he was instead horrified to be told it would be settled by a fight to the death...with rams horns.
Good video. Thanks Simon
As always very enjoyable and enlightening. Nice shirt by the way
"It wasn’t until ten years ago that they replaced trial by ordeal here with trial by lawyer, and that was only because they found that lawyers were nastier." --Angua von Überwald
I’m glad I stumbled upon ur channel
Interesting note about Holmgang. Holmgang was a form of judicial dueling that was specifically nonlethal, though accidents could occur. While real weapons were used, the fight was to be until first blood only. Interestingly, this didn't mean until the first cut, but until the first drop of blood hit the ground. As such, specific areas were usually laid out, with a white sheet tacked down to the dirt thereby making it easier for judges to see when first blood occurred. There were lethal duels that occurred and they went by another name, but I can't remember what that name was and they were extrajudicial in nature.
Love the picture of 2 SCA fighters around 4:33 mark. You can tell from the ducktaped ratan sticks they are holding in place of swords. Not a complaint here just a shout out to the Scadians watching this.
All traffic citations should be settled via trial by combat. (Note: I've never gotten a ticket so I'm not biased on this one) It would sure cut down on bogus tickets if a cop had to be willing to physically fight you over it.
Something tells me the trained officer and armed officer would win most of the fights. Especially given what I see on the news a lot....
Alex Parker lol not them fat doughnut lovers
Alex Parker and they would not be armed if it's a duel
Both sides should be equally armed, I don't think trial by combat is done without any weapons
Idk what you see on the news, but cops don't seem to fight hand-to-hand very often. On the off-chance they do get physical, there are like five of them on one guy. lmao
The holmgang scene in the first episode of Norsemen (Vikingane) is great.
I wonder who pays the undertaker's fee when taking care of the corpse?
Who is here after Gulliani's endorsement of the same? 🙋♀️
My mates use trial by combat as an option for any obtrusive guests at their flat.
Basically, if someone breaks something or is too wasted, they can play laser tag with either of the two hosts to determine their fate, and the flat layout is perfect for a classic western shoot-out.
Top banana.
I caught that slight on lawyers, Simon. Brawn instead of words... (brains). Nice touch. Well played indeed.
Next time i get caught shoplifting am gonna demand trial by combat that security guard is about 70 I could take him easy
Why not just not shoplift then you won't have to contemplate beating a 70 year old to death. And remember he can name a champion and you might have to face of with his 300lb bodybuilder son.
the ch in sachsen is pronounced x... so saxenspiegel...
also holmgang roughly translates into walk to the island, and was supposed to be non-lethal
The authors of Freakonomics discuss some research where trial by ordeal was a similar means to just get the cases off the docket; if the priests thought the accused was innocent, they could rig (or be paid to rig) the ordeal, and the accused, having been judged righteous by "God," could then go to the offended party and let the matter drop. Alternatively, when faced with ordeal, people would come clean. According to the research, only about 1 in 3 ordeals ended badly for the person who underwent the ordeal, suggesting the priests thought they were guilty, or the priests were paid, or the priests may have really believed the shenanigans.
Buggered if I can find it now, but there was a case of some criminal proceeding within the last 20 years or so in England. The young accused man demanded trial by combat, but because the Queen's rep nearby was, basically, a pensioner, and the accused failing to remember the bit about throwing down the gauntlet or glove, his motion was denied, and that bit of law hastily repealed. Would have been a good addition to this video.
Ah trial by combat, you forgot the most famous incident...I am of course referring to the dispute between Holden Cross and Hervis Daubeny. ⚔️
Tried to join Skillshare but having issues with the site. Twice asked for reset of password with nothing happening , force to make a ticket for Skillshare support :(
Hello Simon my name is Matlock Roebuck and I am from South Dakota I have a story that is documented in my family about my Great Grandfather “Jake Roebuck” whom is documented as one of the men who dug up Sitting Bulls the famous Sioux chief of the SD plains and moved his remains from North Dakota to South Dakota have always known the story was note worthy in history and would like it to be researched further and of course told...if you would like more information I would be happy to get you all the info I have .and please keep up the good work
great video!!
Viewer Question (that I'm afraid to look up the answer to) How many land mines in areas like the Korean border or just land mines in general are set off by animals?
So if I get a ticket can I bring my sword to court and be like "I demand a trial by combat!"?
Oh...nevermind. The metal detectors wouldn't like it...
The Sachsenspiegel was not the Holy Roman Empires Code, but a private collection of the common law of the Saxon tribe in the 13th century. These laws applied in North Germany only, not in central and south Germany nor in any other part of the empire.
3:14 If you lie prostrate before me, in combat that's bad for you. If your prostate lies before me in combat that's even worse.
DAUBENY! DAUBENY!
Trial by combat. Right now.
Fight you? That's not a trial, that's an execution!
3:10 I love the misspelling of "prostrate" as "prostate" (minus the second R). Quite apt under the circumstances.
Im small framed but i got a blackbelt in Glockshootyou. Does that even the odds?
Thanks!
I had wondered about Trial by Combat for a while :)
Good stuff!
Side note, the idea of sending a champion to fight a duel with an enemy champion rather than sending an army to fight another army is an ancient practice that goes back at least as far as ancient Greece. (Iliad obviously talks about it)
2:58 this piece of history is just brutal and horrifying
Pistol duels seemed to have been a sort of successor to trial by combat. While trial by combat was used to settle a variety of criminal charges, pistol duels were used well into the 19th century to settle civil disputes among 'gentlemen'.
Love your shirt sir!
so thornton swaggered his way into her pants and then continued to party somewhere else and she probably really drunk was walking alone near a pit fell in it and died. crazy.
To make it short: Yes
If the video has already been brought to me by a sponsor, why are there SIX UA-cam ads on this video?
Today I found out this is still happening today. Take the case of Tonka Saw and Andy Warski. A curious tale of trial by combat in which Tonka Saw didn't show up to the fight, he did everything he could to sabotage the fight. Tonka will forever be known as an internet tough guy, and has lost all respect he once had on the online community and beyond.
I would take a look into this story, as it reflects this very subject matter.
FTR, the initial s in Sachsenspiegel is voiced, the ch is pronounced like the ch in Loch, and the s before the p is pronounced sh.
Flanders mentioned, swell with beer and waffles
As a lifelong martial artist, USMC and PMC veteran, I wish trial by combat was still around. Speeding ticket? Trial by combat. Possession of a controlled substance? Trial by combat. Breaking into prosecutors office to steal his desk ornaments, raid his liquor, and pee into his desk drawers? I demand trial by combat! Im Innocent and I will prove it!
so should we bring this back?
Judge: Defendant, what is your proof?
Defendant: Here! The testicles of the prosecutor!
Judge: Legit! You are free of charge!
You seem to have a typo at around 3:19 the text says prostate but you said prostrate
Settling a dispute with a fair duel? Common practice, back home.
As far as a criminal accusation is concerned, 'usuiya-topen-garasujo' or 'dueling over panel' (which means instituting a duel to settle a criminal accusation as opposed to consulting with a magistrate), is not common practice. However, a guilty party may request to be sentenced with 'deragusumita', or 'skill trial', in which, often involves a duel or combat in some form. It is not always granted, but when it is, the conditions of victory and defeat are also claimed by the guilty party, and must be equal in value, as well as something the party can claim/lose.
I've witnessed one case where the guilty party (was proven guilty of stealing large lead ingots) asked if he could be given a set of tools to properly lift and carry the heavy metal. What he was trying to prove was that he couldn't of carried them properly nor done so in the way he was proven to have done. He wagered his thumbs if it turned out he could lift the metal, and wagered a tariff levy on his house if he proved he wasn't capable.
All this was given approval, and after more than half a day, was unable to lift the heavy metal properly, dropping one of the ingots on his foot promptly ended the wager. Later, it was found that his twin brother who was a traveling merchant, had done the misdeed.
He was placed into productive exile, and that was that.
FTR, one of those lead ingots weigh thirty-five to forty pounds; you don't want that falling on your foot. He lost two toes from that.
"back home"?
Trial by combat today:
ROUND ONE. FIGHT!
HADOUKEN! HADOUKEN!
WHISTLIN SIMON strikes again!!
I wonder how many people have been using this channel to do their research reports and school assignments 😂😂
We get a lot of requests for who the parent company of TIFO is so people can do their formal citations. ;-)
Dude you look a mix of Dr Evil and Austin Powers assaulting my vision with all that chest hair
“That’s not a trial, that’s a execution”
I've seen elbow patches on a jacket but never on a shirt. Please advise.
Read " The Last Duel" by Eric Jager. A truly excellent story about the last trial by combat officially sanctioned by the King of France.
Now there's a movie with the same name and directed by Ridley Scott, the same director from Alien, Blade Runner, Gladiator, etc.
Ha!
Brunfield had a legitimate "License to Kill" lol.
Oooo. I was just reading about this a few days ago.
Never fence a journalist.
One of my favorite tidbits of history is that many journalists throughout history were challenged to duels when the aristocracy decided they didn't like a story that had been written by them. This happened so often that journalists spent half their time writing articles, and the rest practicing their fencing. As a result the often unpracticed aristocrats tended to lose handily.
That sounds too cool to be real
We need to bring this back. The best lawyer would be a world renowned fencing champion instead of a shark in a suit
I think all non moving traffic violators should be given a choice. Either pay the fine or complete a Wipeout style obstacle course to get the fine waived. We could televise it and the ad revenue could go to fixing our infrastructure.
Tyrion Lannister: "I demand a trial by combat."
What if both combatants did not show up? was the case dropped or postponed?
Pretty good. A Big piece of this, however, was missed. Trial by combat had to be requested of the court and was only to be granted in the absence of evidence or witnesses. So, a bully couldn't just commit crimes if they were confident of their prowess. Also, judicial combat should not be confused with "affairs of honor", which were about personal insults between nobles. This practiced eventually extended to any gentleman and lived on into the 19th century, American President Andrew Jackson being a famous practitioner.
What about the continued practice of Dueling with pistols in the British Navy towards the start of the Napoleonic era?
And the Prussian Duels, how long did they continue given that some WW1 German officers had dueling scars?
Sunny Lovett Dueling != trial by combat. The former is an illegal act committed by boisterous men while the latter is an actual legal mechanism performed publicly before a legal magistrate and witnesses.
Seemed less about proving innocence but more about getting even over an insult
How about playing red rover through a mine field?
Imagine if this was for custody battles. Dad and mom's champion (or vise versa) dueling for the kid. Sadly no one ever asks what the kid wants.
Perhaps the largest trial by combat in Scotland was the Battle of the North Inch at Perth in Summer 1396. Historians are split between the combattants being either a long standing dispute between Confederation of Clan Chattan (MacIntosh, MacPherson, Davidson) and enemies Clan Cameron or else an internal simmering Clan Chattan honour rights dispute between the MacPhersons and Davidsons. The King granted a judicial battle to decide the dispute, 30 clansmen a side and last ones standing being the winners. Well advertised and with a carnival atmosphere, a battlefield was brightly fenced off and grandstand erected for the King, nobles and visiting foreign dignitaries. A large audience gathered. On the day, one Chattan clansman was ill, so they asked for a postponement. The opposition wanted to claim victory. The King advertised for a volunteer, to be well paid and looked after for life. A smallish, very strong, bandy legged man entered the arena, a blacksmith and farrier named Henry of the Wynd. He took up arms with the Chattans. As the fight started, being an expert archer, Henry dispatched two of the enemy in quick succession, then went to the rear and sat down, having done his bit ! The Chattan leader implored Henry to fight on, he was needed. With an almost Hollywood example of "Why didn't you say so ?" he got up and started fighting with the rest. Eventually Chattan had 5 or so wounded men left and the other side 1, who jumped into the River Tay and swam off. Henry got his rewards and Clan Chattan adopted him and let him start his own family-clan within the larger clan. Called 'Sliochd na Gobha Chrom' or 'Race of the Bandy-Legged Blacksmith', the family name has simplified down since as Gow, my origibal ancestor.
What about other types of 'Trial by Ordeal', which i believe had been used by many civilisations... For instance, I was once told that some aboriginal in the worldwide sense ) tribes used to throw spears at a person running past a line of 'jurors', and if they believed in the accused's innocence, they would throw to miss. This, apparently, was the source of Prince Philips's infamous 'do you still throw spears at each other' gaffe.
Can anyone enlighten me?