ORIGIN OF THE POINT OF HONOUR.
We meet with inexplicable enigmas in the codes of the laws of the barbarians. The law of the Frisians allowed only about the value of a farthing, by way of compensation, to a person who had been beaten with a stick; and yet for ever such a small wound it allows more. By the Salic law, if a freeman gave three blows with a stick to another freeman, he paid about three halfpence; if he drew blood, he was punished as if he had wounded him with steel, and he paid about seven-pence halfpenny; thus the punishment was proportioned to the greatness of thewound. The law of the Lombards established different compensations for one, two, three, four blows, and so on. At present a single blow is equivalent to a hundred thousand.
The constitution of Charlemagne, inserted in the law of the Lombards, ordains, that those who were allowed the trial by combat, should fight with clubs. Perhaps this was out of regard to the clergy; or, probably, as the usage of legal duels gained ground, they wanted to render them less sanguinary. The capitulary of Louis the Pious, added to the Salic law in 819, allows the liberty of chusing to fight either with the sword or club. In process of time none but bondmen or slaves fought with the club.
Here may be seen the first rise and formation of the particular articles of our point of honour. The accuser began with declaring, in the presence of the judge, that such a person had committed such an action, and the accused made answer that,he lied; upon which the judge gave orders for the duel. It became then an established rule, that whenever a person had the lie given him, it was incumbent on him to fight.
Upon a man’s declaring he would fight, he could not afterwards depart from his word; if he did, he was condemned to a penalty. Hence this rule followed, that whenever a person had engaged his word, honour forbade him to recal it.
Gentlemen fought one another on horseback,armed at all points; villans fought on foot, and with clubs.[41]Hence it followed, that the club was looked upon as the instrument of insults and affronts,[42]because to strike a man with it, was treating him like a villan.
No one but villans fought with their faces uncovered;[43]so that none but they could receive a blow on the face. Therefore a box on the ear, became an injury that must be expiated with blood, because the person who received it, had been treated as a villan.
The several people of Germany were not less sensible of the point of honour. The mostdistant relations took a very considerable share to themselves in every affront, and on this all their codes are founded. The law of the Lombards ordains, that whoever goes attended with servants to beat a man by surprize, in order to load him thereby with shame, and to render him ridiculous, should pay half the compensation, which he would owe if he had killed him; and if through the same motive he tied or bound him, he should pay three fourths of the same compensation.