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having given some people reason to think it was proper to make use of the sanctity of the churches in order to strike terror into the guilty； and to intimidate perjurers； the clergy maintained this usage and the practice which attended it： for in other respects they were absolutely averse to negative proofs。 We find in Beaumanoir＇106＇ that this kind of proof was never allowed in ecclesiastic courts； which contributed greatly； without doubt； to its suppression； and to weaken in this respect the regulation of the codes of the Barbarian laws。
This will convince us more strongly of the connection between the usage of negative proofs and that of judicial combats； of which I have said so much。 The lay tribunals admitted of both； and both were rejected by the ecclesiastic courts。
In choosing the trial by duel the nation followed its military spirit； for while this was established as a divine decision； the trials by the cross； by cold or boiling waters； which had been also regarded in the same lights； were abolished。
Charlemagne ordained that； if any difference should arise between his children； it should be terminated by the judgment of the cross。 Louis the Debonnaire＇107＇ limited this judgment to ecclesiastic affairs； his son Lotharius abolished it in all cases； nay； he suppressed even the trial by cold water。＇108＇
I do not pretend to say that； at a time when so few usages were universally received； these trials were not revived in some churches； especially as they are mentioned in a charter of Philip Augustus；＇109＇ but I affirm that they were very seldom practised。 Beaumanoir；＇110＇ who lived at the time of St。 Louis and a little after； enumerating the different kinds of trial； mentions that of judicial combat； but not a word of the others。
19。 A new Reason of the Disuse of the Salic and Roman Laws； as also of the Capitularies。 I have already mentioned the reasons that had destroyed the authority of the Salic and Roman laws； as also of the Capitularies； here I shall add that the principal cause was the great extension 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； who produces several instances。＇111＇
I find that； towards the commencement of the third race； the jurisprudence of those times related entirely to precedents； everything was regulated by the point of honour。 If the judge was not obeyed； he insisted upon satisfaction from the person that contemned his authority。 At Bourges； if 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。＇112＇ Louis the Fat reformed this custom。＇113＇
The custom of legal duels prevailed at Orleans； even in all demands of debt。＇114＇ Louis 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。 Louis' time it was sufficient that the value was more than twelve deniers。＇115＇ Beaumanoir＇116＇ had 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 shows that the custom of judiciary combat must have prevailed at that time to a wonderful extent。
20。 Origin of the Point of Honour。 We meet with inexplicable enigmas in the codes of laws of the Barbarians。 The law of the Frisians＇117＇ allows only half a sou in composition to a person that had been beaten with a stick； and yet for ever so small a wound it allows more。 By the Salic law； if a freeman gave three blows with a stick to another freeman； he paid three sous； if he drew blood； he was punished as if he had wounded him with steel； and he paid fifteen sous： thus the punishment was proportioned to the greatness of the wound。 The law of the Lombards established different compositions for one； two； three； four blows； and so on。＇118＇ 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 bastons。＇119＇ 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 Debonnaire allows the liberty of choosing to fight either with the sword or baston。＇120＇ In process of time none but bondmen fought with the baston。＇121＇
Here I seethe first rise and formation of the particular articles of our point of honour。 The accuser began by declaring in the presence of the judge that such a person had committed such an action； and the accused made answer that he lied；＇122＇ 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 that he would fight；＇123＇ he could not afterwards depart from his word； if he did； he was condemned to a penalty。 Hence this rule ensued； that whenever a person had engaged his word； honour forbade him to recall it。
Gentlemen fought one another on horseback； and armed at all points；＇124＇ villains fought on foot and with bastons。＇125＇ Hence it followed that the baston was looked upon as the instrument of insults and affronts；＇126＇ because to strike a man with it was treating him like a villain。
None but villains fought with their faces uncovered；＇127＇ 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 villain。
The several people of Germany were no less sensible than we of the point of honour； nay； they were more so。 Thus the most distant relatives took a very considerable share to themselves in every affront； and on this all their codes are founded。 The law of the Lombards ordains＇128＇ that whosoever goes attended with servants to beat a man unawares； in order to load him with shame and to render him ridiculous； should pay half the composition which he would owe if he had killed him；＇129＇ and if through the same motive he tied or bound him； he would pay three…quarters of the same composition。
Let us then conclude that our forefathers were extremely sensible of affronts； but that affronts of a particular kind； such as being struck with a certain instrument on a certain part of the body； and in a certain manner； were as yet unknown to them。 All this was included in the affront of being beaten； and in this case the amount of violence determined the magnitude of the outrage。
21。 A new Reflection upon the Point of Honour among the Germans。 〃It was a great infamy；〃 says Tacitus；＇130＇ 〃among the Germans for a person to leave his buckler behind him in battle； for which reason many after a misfortune of this kind have destroyed themselves。〃 Thus the ancient Salic law＇131＇ allows a composition of fifteen sous to any person that had been injuriously reproached with having left his buckler behind him。
When Charlemagne amended the Salic law；＇132＇ he allowed in this case no more than three sous in composition。 As this prince cannot be suspected of having had a design to enervate the military discipline； it is manifest that such an alteration was due to a change of weapons； and that from this change of weapons a great number of usages derive their origin。
22。 Of the Manners in relation to judicial Combats。 Our connections with the fair sex are founded on the pleasure of enjoyment； on the happiness of loving and being loved； and likewise on the ambition of pleasing the ladies； because they are the best judges of some of those things which constitute personal merit。 This general desire of pleasing produces gallantry； which is not love itself； but the delicate； the volatile； the perpetual simulation of love。
According to the different circumstances of every country and age； love inclines more to one of those three things than to the other two。 Now I maintain that the prevailing spirit at the time of o