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Academies, tacitly dissolved in the confusion of the time, The business of the different academies is multifacould be reconstructed anew. This was at length ef- rious. The dictionary, we all know, is due to the fected, and in a way which added greatly to the solidity French Academy, and it cost an infinite deal of time, of the edifice. The three were fused into one great trouble, and speech-making. When Colbert attended a whole, called the National Institute; and this divided sitting to judge for himself how they proceeded in their into classes, comprehending the physical and mathe- labours, he listened for two mortal hours to a debate on matical sciences, moral and political science, and lite- the single word ami, and left the house impressed with rature and the fine arts. The object was generally the the conviction that no society could get on more rapidly advancement of the arts and sciences, and this was to in a work of the kind. The Academy of Inscriptions be obtained by continual researches, the publication of and Belles Lettres is unlimited in the number of corrediscoveries and transactions, and correspondence with sponding members; and through this branch the roll of learned and literary men in other countries. The num- the Institute is embellished with the names of the most ber of resident members was one hundred and forty-four, distinguished scholars in Europe. This academy is with an equal number in the provinces, and each class charged with the superintendence of public monuments, had the privilege of choosing eight foreign associates. and the conservation of those already existing; and it
But soon the exigencies of the time robbed France of has likewise the principal part in editing the Journal a great proportion of its savants; for Bonaparte carried des Savans.' The Academy of Sciences is divided, as at with him into Egypt nearly a hundred men who had first, into two principal departments—the physical and attained eminence in the arts and sciences. This illus- mathematical. The number of its foreign associates is trious corps shared the fatigues and dangers of the com- limited to ten. Bonaparte was proud of his distinction mon soldiers, and on more than one occasion excited as a member of this branch; and when he was already the admiration of the whole army by their heroic cou decorated with the trophies of Italy, he appeared more rage before the enemy, and the patient endurance with than once, in public solemnities, in the habit of the which they bore the privations of the desert. At Cairo Institute. The Academy of Fine Arts is divided into five they were formed into an Institute of Egypt, which sections, and has a committee charged with the publicannot be considered otherwise than as a branch of the cation of a dictionary of the fine arts. The Academy of French Institute. Monze, one of the founders of the Moral and Political Sciences is likewise divided into five Polytechnic School, was the first president; Bonaparte sections, but has only five foreign associates. The the second ; and their place of meeting was one of the honoraires attached to the title of member of the Instigreatest palaces of the city. Their task was to compile tute amount to 1500 francs (L.60) a-year. an exact description of the country; to execute a de It will be observed that the grand distinguishing tailed map; to study ruins and natural productions; to feature of the Institute, is its combining in one society make observations in physics, astronomy, and natural the principal departments of human knowledge. We history; and to inquire into the practicability of ame- do not see very clearly the advantage of this kind of liorating the condition of the people by the introduc- centralisation ; which is attended with the effect of tion of machinery, canals, and new processes adapted rendering the title of member somewhat obscure. A to the soil. All this was soon at an end. The French 'member of the Institute' may be either a farce-writer were compelled to evacuate Egypt, the savants were or an astronomer. called away in the midst of their labours, and the fragments of the eastern Institute were reunited to the Institute of France.
THREE WEEKS AT CONSTANTINOPLE. In 1803, when Bonaparte was silently preparing to
SECOND ARTICLE. ascend the imperial throne, he regarded with some alarm the condition of the Institute, the greater part of August 21.-Crossed the Golden Horn in the morning, whose members had by this time become attached to for a ramble about Constantinople. Went first to the studies connected with moral and political science. leather bazaar, where we made a few trifling purchases ; Discussions on such points were very awkward at the and thence to the madhouse. This latter is divided time; and the ‘man of destiny' discovered that the into two spacious courtyards ; in the first of which we classes into which the Institute was divided were too were shown, much to our surprise, some wild beasts in few for the requirements of its object, and very libe- large dens !—by way, I suppose, of preparing us for what rally gave it a new organisation, dividing it into four we were next to see. Accordingly, in the next court, classes instead of three. These were-1st, Physical and we saw the patients, about twelve in number, all conmathematical science, consisting of sixty-five members; fined by very strong iron chains and collars round their 2d, French language and literature, forty members; necks. Their cells were large, but neither paved nor 3d, History and ancient literature, forty members; and floored; and it seemed as if the poor wretches must 4th, The fine arts, twenty-eight members. This, it will often suffer agonies of cold. They were all more or less be seen, as compared with the republican constitution, clothed, though rudely enough; and their persons were divided literature into two-French and universal ; and not wholly neglected. One poor wretch, who was just entirely swamped moral and political science. His about to undergo a washing, was a pitiable spectacle. next step, after he changed his name from Bonaparte He was quite naked, but with the iron chain and collar to Napoleon, was to make a corresponding change in still about his neck, and his body disfigured with bites the name of the society, which from the National be- of vermin. As he sat on the ground in this condition, came now the Imperial Institute.
with his bare shaven head, he was no inapt representaThe imperial régime passed away, and the Restoration tive of Job in his affliction. We noticed but one very restored the Institute nearly to its original form, as well noisy patient. There was an Arab patient, with only as to its national name. In 1815, the Bourbons abolished a rough blanket thrown over him, sitting in the farthest the four classes of the emperor, and re-established the window of his cell, with the sun streaming in through four original academies, but in this order : the French the bars over his dark features, as he laughed and conAcademy, the Academy of Inscriptions and Belles verser wildly with a visitor. Such a study for a painter Lettres, the Academy of Sciences, and the Academy of I scarcely ever saw before. Two other patients, in opFine Arts. Thus united, they formed the National In-posite corners of the same cell, had been smoking, and stitute, under the personal direction of the king, but were now throwing their cherry-stick pipes at one aneach with an independent organisation, and the exercise other. Another, whose arm was bound up, as if severely of certain peculiar powers. In 1832, the class sup- injured, had, as they told us, twice broken his chain. pressed by Bonaparte was restored by Louis-Philippe, We were given to understand, I know not how truly, under the name of the Academy of Moral and Political that it was permitted to irritate the patients to frenzy, Sciences; and the Institute therefore may now be sup- as though their ravings were oracular, and the effect posed to have reached its highest development. of divine inspiration. Any one within the court had
access to the cells and the patients. I was surprised phorus, Constantinople, and the cypress-crowned cemewith myself at not feeling more shocked than I did, at teries of Scutari filling up the view. The sultan, prea spectacle which I should certainly have shuddered at ceded by a guard and the officers of his household, came had I heard it described as I saw it with my own eyes. on the ground in an odd but picturesque carriage, with There is something in our preconceived ideas of happi- a body of the shape of a sedan-chair, richly gilt, with a ness or misery that usually exceeds the reality.
crimson hammercloth, and drawn by four beautiful We continued our walk to the desolate site of the white horses. He was followed by the queen-mother, barracks of the exterminated Janissaries. The whole and the foreign ministers, in carriages, and by the chief quarter is in a most ruinous condition. We saw what officers of state, superbly mounted on Arabians. We had been a beautiful marble fountain quite dried up and obtained a very good view of the sultan's features : he disfigured—the truest emblem of desolation. We then is much marked with the smallpox, but has fine dark came to a single column, with the Roman eagle at each eyes. of the four corners of the capital. The design of the Here were also several very handsome arabas, filled column was not very striking, and was apparently of with the women of the imperial harem; but they were late Roman architecture. From thence we made our closely veiled, and their guards kept all spectators at a way to the historical column, or the column of Hono- most respectful distance. The arabas were drawn by rius and Arcadius. Of this the base alone is standing, white oxen of great size and beauty, with handsome and even that is in a very ruinous condition. The frontlets, and from the yokes over their necks proceeded column fell down about the year 1716, two years before long bent pieces of wood, curved backwards, to which Lady Mary Wortley Montagu came to Constantinople. the tails of the animals were attached, and held up in We ascended the remaining steps of the winding stair- the air with pendant bells, tassels, and ribbons. case, which once, I conclude, conducted to the sum
Presently, what should we hear but a report that a mit of the column, and found a small chamber inside Frank had got into a dispute with the Turks, and the base. The whole seems to have been constructed that he had been severely beaten, and dragged to Seuof white marble, the blocks of which material are very tari as a prisoner between two horse soldiers, and that large.
in all probability he would undergo the bastinado. The August 22.-Went in the afternoon in a caique to a account had been, as usual, exaggerated; but it was spot called the European Sweet Waters, on the Euro- true that he had been beaten, and was obliged to keep pean side of the Bosphorus, on the banks of the little his bed in consequence. One of our party went to visit river that runs into the Golden Horn. Here there is him, and he turned out to be the identical Frenchman a pretty summer kiosk belonging to the sultan.
who had accompanied us to the mosques, and who spat August 23.—Made a few purchases in the bazaars, upon the sacred pavement. We never heard the origin and dined in Constantinople on kabob, a genuine Turk of the quarrel on the day of the review; but it is clear ish dish, and very good. It consists of mutton cut into that a man who could commit so gross an inadvertence small pieces, broiled on skewers, and served up on large as he did on one occasion, might well be supposed not to flat cakes resembling crumpits.
have acted very wisely on another. On our return, we August 24.—Dancing dervishes again at two o'clock. bought another basket of the delicious grapes of Scu
August 23.-Rode round the old walls of Constan- tari. tinople. It is a curious and interesting round to take,
August 27.-Saw the sultan go to mosque on horse. with some fine points of view. On our way we passed back, attended by the grand vizier and other officers of under the aqueduct of the Emperor Valens, which is a state. We then, by a short cut, got up the hill before stupendous work, and still serves as an aqueduct; but the cavalcade, to a point where the road wound round without the assistance of natural scenery as an adjunct, the ascent, and again secured a good position for seeing aqueducts are rarely beautiful objects.
the procession. Several Turks stood by with petitions In the course of our ride I saw several hoopoes, to present, which were all received in order by the birds which I never before saw on wing. They are fre- appointed officer as the sultan passed by. It was quite quently sold in the streets as articles of food. On our realising one of the scenes we had read of, in childhood, return, we passed by the smoking ruins of above a from the Arabian Nights' Entertainments. The sultan's hundred houses that had been burnt down four days saddle-horses, of which several were led, and those on ago; but a hundred houses is not considered as a con- which his officers were mounted, were of the greatest flagration of much consequence in Constantinople. beauty.
Before we reached home, we met a Greek funeral. August 28.-In the course of our walk we passed once The corpse was carried on an open bier, strewed with more through the slave-market, which had a livelier flowers, and its face exposed. The Bible was laid upon appearance than when we visited it before. The greater its breast. Two boys followed with lighted candles, part of the slaves were black females. We saw some with priests, friends, and hired mourners, chanting a miserable-looking objects among the little black girls ; dirge." We rode home by the bazaars, and crossed the and one black lad was being rubbed all over with oil, Golden Horn by the bridge of boats, and so through in the hot sun, which gave him a most attractive the cemetery to Pera.
polish. But what delighted us most, was to see some August 26.-Grand military review at Scutari. This, dishes of hot potatoes and garlic, which a man was we were informed, was the first review that had taken carrying on his head, upset in the crowd, and the little place in the present sultan's reign, and the second only hungry black wretches scrambling for them. This since the adoption, to a considerable extent, of Euro- slave-market, notwithstanding the dirt of it, abounds, pean military systems and dress. About eight hundred like every other corner of Constantinople, with intetroops were reviewed_light and heavy cavalry and resting studies for painters. We were then just going artillery, and large columns of infantry. The light to look about us once more in the bazaars, when we cavalry regiment of lancers looked well in a body, and heard the cry of ‘Fire in Pera!' This was to us the red fez, or bonnet, with its deep blue tassel, and the equivalent to tam proximus ardet Ucalegor!' and we red pennon of the lance above, presented, when viewed lost no time in hurrying back across the Golden Horn, in a mass, a surface tinted like the flowers of the cactus. with a mixed mob of Jews, Armenians, and others, who Individually, men, arms, and accoutrements were very closed their shops with all haste in the bazaars, and shabby. There were no scabbards to the bayonets; and hurried away to save their property in their dwellingas far as we could judge, knowing next to nothing about houses in Pera. We got across the water in the midst military matters, much could not be said in praise of of an extraordinary tumult, and rushed up the hilly the maneuvring of the troops. The artillery practice, streets of Pera-not the pleasantest or the easiest however, was more creditable. The review took place ground in the world to hurry over. We found that the on a fine tract of undulating open country, with moun fire was not far from our hotel, but that it was being tains in the distance--the Sea of Marmora, the Bos- | rapidly got under. I saw one small brass fire-engine,
that could scarcely have had as much power as an ordi- straight line, but with a considerable curvature in the nary garden engine, hurried along on men's shoulders line of their direction. to the scene of action. But the Turkish firemen wore On arriving at Justinian's aqueduct, we halted for workmenlike dark dresses, and were armed with power- an hour under the shade of its immense structure, and ful axes, and very long poles, with iron hooks and spikes examined it in every accessible part, and climbed up the at the end, intended to be used, if necessary, or thought hill that formed one side of the valley across which the to be so, in pulling down the houses adjoining those on aqueduct is built. On the summit, where the stonework fire, so as to smother the fire with the rubbish. Turkish was broken away, the stream of water conveyed by the houses, it must be observed, are not built for perpetuity, aqueduct was visible. It was two feet deep, and two being, in fact, little stronger than temporary wooden feet across; but the channel was only half-full. The sheds. One way or another, however, the fire was ex- water was running with considerable rapidity. Undertinguished; whereupon we all recrossed the water, to neath the shade of the arches were two wild-looking prosecute our day's excursion in the streets of Constan shepherds, with sheep, cows, and goats. The goats tinople, and no sooner got thither, than we again heard were hanging about the stonework in the most pictuthe alarm of Fire!'--this time in Constantinople. resque manner possible. I observed a few fine butterPassing by the shop of a perfumer, with whom we had flies in the woods of Belgrade. In the course of the had some bargainings in the early part of the day, we day we saw several hoopoes (birds which I have made found him hastily shutting up his shop, and hurrying mention of before), and caught a tortoise, and met off to the scene of the conflagration, which was near some strings of camels laden with charcoal. Waterhis residence, just as we ourselves had hurried off to wheels were in general use for irrigating the cultivated Pera a short time before.
lands. August 29. — Ceremony of the dancing dervishes at September 2.–At two o'clock, to the ceremony of the their convent at Cassim Pasha. I went rather in ex. howling dervishes of Scutari. The preliminary prayers pectation of some ceremony different from that which I and prostrations resembled those of the dancing derhad already witnessed at Pera, but was disappointed. vishes, but with this difference, that incense was made I here saw a very little boy, quite a child, running about use of, and that the accompanying song had a slight in the dress of a dervish. The high conical cap gave resemblance to what I have heard in Roman Catholic him a most ludicrous appearance. When the ceremony services. These howlers do not wear a dress peculiar began, the poor little thing went through the prostra- to themselves, as the dancers do, but appeared to consist tions and reverences with the rest. But I was really of devotees of every kind of profession and denominaquite glad to see that he soon grew tired, and so put on tion. However, to show that there must be a commuhis slippers, and went out to play in the open air with nity of feeling between the dervishes of both kinds, I others of his own age.
will mention that we saw one of the dancing dervishes In the afternoon we rode round by the bridge of boats standing, in a composed attitude, amongst the chiefs of to the aqueduct of Valens, and to the old city walls, as the howlers. After a repetition of some long prayers, before, and outside the city to the suburb of Eyoub. and hideously-vociferous and noisy responses, the devoEyoub, or Job, the standard-bearer of Mahomet, was tees, at least fifty in number, stood up in a row, quite killed by the Saracens, and was buried there. Hence close together, and began to recite or repeat the words, Eyoub is considered by the Turks as a most sacred · Lă-ăllāh-il-ăllāh!' (accented agreeably to the quantities place of burial, and here also is their most sacred I have here marked), bowing themselves backwards and mosque, where each succeeding sultan is inaugurated, forwards, keeping strict time to their recitative. This by girding himself with the sword of Othman. The motion, and the repetition of the words, became graTurks, as true believers, do not much like the Franks dually more and more rapid, with occasional violent to approach the place. The cemeteries are here kept ejaculations of ‘Hu!' whilst the noisy chant and rein good order, and the tombs are covered with ivy and sponses, in a yet shriller key, were kept up without creepers of various kinds, and are picturesquely dis- intermission by two others who remained kneeling on posed (as indeed everything is in Constantinople) be- the floor. The movements and vociferations gradually neath the shade of lofty trees. We then ascended the assumed a more frantic character; the agitations of the hill beyond, and obtained a superb view of Constan- devotees, and, I am shocked to add, of several children tinople and the Golden Horn. We rode from thence who bore their part in the ceremony, became dreadful. along the brow of the hill, looking down upon the valley The heads of some were tossed about so violently, that of the European Sweet Waters; and in a valley near the their features were scarcely distinguishable, and their sultan's kiosk we saw an encampment of Turkish ar- limbs quivered with excitement, whilst they uttered tillery, to which we descended, and so crossed the hills appalling guttural noises, mingled at the same time home to Pera.
with some extremely fine deep bass notes, which were August 30.—To Therapia for the second time. Rode heard at intervals in the storm of vociferation ; but at in the afternoon to the gigantic plane-trees in the Sul a signal given by the chief who presided over the whole, tan’s Valley, and to the Valley of Roses, and the village all the howlers reseated themselves round the room of Buyukdéré. Slept at Therapia.
with the utmost apparent composure! Some few, inAugust 31.–From Therapia, on horseback, to visit deed, wiped the sweat from their brows; but not one the city aqueducts, by the villages of Belgrade and appeared exhausted, or even out of breath. Pyrgos, and so to Justinian's aqueduct, and home to A pause now ensued, during which the dancing derPera, making a ride of about thirty miles through a vish, who had hitherto remained a tranquil spectator very interesting country. We first ascended the valley of all that had passed, came forward and pirouetted, of Buyukdéré, and highly enjoyed the beautiful pro- after the manner before described of his own sect, in spect, as we looked back upon the Bosphorus from the the middle of the circle by himself for several minutes. great arch of Sultan Mahmoud's aqueduct, between Then the howlers rearranged themselves, and began Buyukdéré and Bagdsche Koi. On arriving at Bel- all their movements afresh, with the exception that this grade, we saw the whole system of collecting water time their motions were rocking from side to side, inin large reservoirs, or bends, as they are called, for the stead of backwards and forwards, with their recitative use of the cities of Pera and Constantinople. The forest as before, but with the accentuation of the syllables of Belgrade is the only woody region near Constan- changed, from anapestic, as it were, to iambic, thus, 'Lătinople. The thick shade is considered a great protec- | i-lặh-il-lah-lāk!' Again, in the second act of the pertion to the reservoirs, and on this account the wood is formance, did the noise become stunning; again did the never cut; and this, again, is probably the cause why contortions and excitement of the devotees seem to be Belgrade is, at certain seasons, extremely unhealthy, approaching some inevitable climax; again did the poor and very subject to malaria fever. Two out of the children bear their part as before ; when the whole seven aqueducts, we remarked, were not conducted in a l exhibition, at a given signal from the chief, ended quite
suddenly: the dervishes quietly resumed what outer is it very safe to go out of doors after dark. The troops garments they had laid aside, and-walked away! of dogs without homes or masters that are seen in every
The whole was little better than a revolting and ob- street during the day, generally asleep in the sun, scene sight. All these howlers were low, ruffianly towards dusk give themselves the rousing shake, and looking fellows. There were several blacks and several begin to show their wakefulness by barking at every soldiers amongst them. We were given to understand Frank they meet. At night they prowl about the city, that they are tolerated by the government, but that and would probably, especially in the winter season, they have had their orgies modified, and their cere attack any one that fell in their way. There are several monies cut down, by command of the late sultan. dismal stories current of persons, strangers to the condiThey are generally considered as impostors, and are tions of the place, who have been actually devoured in held as far less respectable characters than the mew- this manner. Further, whoever is taken up in the lewli or dancing dervishes. Round the room in which streets at night without a lantern, is forthwith conthe ceremony took place were suspended various iron signed to the guardhouse. instruments, with which the howling dervishes used to The goods in the bazaars are set out in most picmaim and torture themselves, or at least pretend to turesque and tempting array. One bazaar is approdo so; but such exhibitions have been forbidden by priated to the sale of arms, another to the sale of drugs, authority. However, our impression was, that had they a third to leathern slippers, a fourth to horse furniture; indulged in such pastimes, we should have felt little or and so on, for furs, jewellery, silks, embroidery, &c. &c. no pity for any pain they might have suffered. The The motley crowd, exhibiting the dresses of all nations, exhibition lasted two hours.
and made up of all ranks, degrees, and callings, and the September 4.–Visited the great cistern of Constan- brilliant and varied colours of the greater part of the tine. It is underground, and contains a vast body of articles exposed for sale, seen down the bazaars in long water. It is constructed inside with very handsome perspective, with the arched roof of the building high arches and pillars, and scarcely conveyed the idea of over all, with a light subdued just sufficiently to take having been originally intended as a cistern. It was off the glare, form a scene that a painter might succeed impossible for us to see the whole extent of it. I under- in expressing on canvas, but of which words cannot stand its Turkish name signifies 'The Thousand and One convey an adequate idea. I need not add that the Pillars.' To-day we again passed by the Burnt Column, sellers reap a tolerably plentiful harvest from the Euroas it is called. It is the shaft of a Roman column that pean customers. The bargaining, without which no seems to have once been in the middle of a terrible purchase is ever completed, is often very amusing. conflagration, so ruined, split, and blackened is it by Half, or even one-third, of the original demand is the fire. We had frequently seen it before in the course usually taken with the greatest composure. of our rambles.
It is absolutely necessary in Constantinople to walk September 7.-- In the afternoon we left Constantinople a great deal, and to be equal to fatigue. The arabas for Malta by the French steamer.
are the only wheeled carriages, which only go at a footThus we passed twenty-four days at Constantinople ; pace, drawn by oxen; and to these most of the streets and without making any excursion to a greater distance are inaccessible. Nor is riding on horseback always than Therapia or Belgrade, we were actively employed convenient. However, very good horses are to be during the whole of the time. With the exception of procured, when required for distant excursions. They the interiors of the mosques, in my opinion the chief | gallop well, and are remarkably sure-footed in steep attractions of Constantinople lie out of doors, in the and slippery places. exquisite views of the hill-enthroned city, and of the In such a merely amateur and sketchy excursion as Bosphorus and its shores, that you obtain on every side. ours, we must, in & city like Constantinople, have Above the general mass of the houses rise the spreading passed over a thousand points important to be studied cupolas, relieved so happily by the lofty and glittering and understood. Much, however, that is perhaps of minarets, which, not without an elegance all their own, value, and certainly much that is very pleasing, will partake of the gracefulness both of a church spire and remain indelibly fixed in our recollections ; serving at of the mast of a ship. These, together with the dark the same time to feed and cherish one predominant cypresses, the ever-clear and blue Bosphorus, with its feeling of satisfaction and thankfulness-that England light caïques and shipping—the ever-busy scene, the is our home. gay harmony of lively colours, the sky, sunshine, and fresh breeze-are the chief ingredients in the picture;
JUDICIAL COMBATS AND THE WARS OF a conibination perhaps unequalled in any other part of the world. Happy are they who possess the talent of
NATIONS. drawing! Not only the general large features of Con- One of the dark spots on the disk of the middle ages stantinople, but the boatmen, the porters under their was the trial by judicial combat. When the fierce enormous burdens, the beggars, the itinerant venders tribes of Huns and Alans, Goths and Lombards, at of a thousand different articles, are subjects for the once inundated and destroyed the Roman empire in pencil-on the water and on the land, all equally ad- the west, they also displaced its enlightened civil jurismirable.
prudence, and at the same time established a rude apThe Turks are apparently not without a certain na peal to justice, in accordance with the system of Feutural refinement of manner; but I do not imagine that dality which they organised throughout Europe. This much insight into their true character can be obtained, rude appeal to justice was the trial by judicial combat. or that anything can be learned concerning their do- The savage of a tribe considers it his right and duty mestic economy, unless some proficiency in their lan- individually to revenge wrongs or to repel attacks; the guage be made, and after a long residence in the coun- administration of justice is with him a personality; he try, or through opportunities afforded only to a few. I individualises awards and punishments; he takes jadihave heard, from high authority in such matters, that cature into his own hands; he has no notion of giving a dinner at a pasha's table is really excellent. From up his individuality in this respect to society. As what may be seen in the shops, they appear to be good Feudality was but a more definite organisation of Tribcooks and delicate confectioners; and when this naturalism, so also was the trial by judicial combat but a more talent comes to be assisted by a few hints from the organised system of personally settling a quarrel, a dis ! cuisine of France, the result is no doubt, as it is said pute, or a difference between individual and individual to be, eminently successful.
The difference, and the progress, so to speak, in favour It is a drawback at Constantinople that there are no of the latter development was, that it was public and public places of entertainment. All acquaintance with recognised, not private or secret. the manners and customs of the people must be picked As the quarrel between two persons is in close ana. up in the daytime in the streets and bazaars. Neither | logy, on a small scale, with the war between two nations,
having similar origins and developments, it may be well on by legists, and became almost the sole study of the to trace something of the history of the trial by judicial feudal nobility. combat, since it may lead us to inferences upon the Such was the origin and development of the trial by military system, of which it is a portion, generally. judicial combat. Although its institution was popular,
The trial by judicial combat was the offspring of and accordant with the spirit of the times, its evil feudality. In that state central power was weak. The effects soon manifested themselves. The clergy, whose monarch and his court had little influence during the canon law was excellent, and who perhaps regretted the greater part of its history. The state was composed disuse of those ordeals which appeared to appeal more of tribes, newly fixed in their position, and holding to the interposition of Providence than did a personal their land from their chiefs under the tenure of fiefs. conflict, were among the first to protest against the These barons, therefore, had a court and centre of trial by judicial combat, as contrary to Christianity, their own, and in this they claimed to administer jus- and inimical to good order. So consonant was it, howtice, with little reference, if any, to their lord para- ever, with the fierce spirit of the times, that ever supermount—the monarch. They had conquered the lands stition fell powerless before its influence, and the cenupon which they had settled with the sword; and draw. sures and admonitions of the ecclesiastics were dising his blade, every injured baron sought justice with its regarded. At length the evil became so obvious, that point. His adversary met him also with the sword, and the civil power could no longer disregard it. Henry I. the vassals of each supported their respective leaders in of England prohibited the trial by combat in questions the contest. There was no appeal to a written law, to of property of small value, and Louis VII. of France
regular magistracy, or to the decision of a sovereign followed his example. The central power of the feudal national court. The same system spread from the ba- monarchs was, however, yet feeble, and any restricrons to their vassals, until it became a recognised pub- tions which were to be made upon an institution so lic institution, and the form of trial by judicial combat popular among the barons, required to be effected with established itself throughout Europe. In civilisation, prudence and policy. It was nevertheless the interest written documents, witnessed deeds, or attested agree of the kings to abate these ferocious contests, and ments, regulate the stipulations between individuals, centre the administration of the laws in their own and are evidence as to the facts. In feudality, on the courts. Louis of France, not inaptly named St Louis, contrary, reading and writing were too rare attainments earnestly attempted to introduce a better system of to be useful in the general affairs of life. National jurisprudence. He wished to displace judicial combat, treaties and royal charters were indeed committed to and to substitute trial by evidence. The great vassals the pen of a clerk, but transactions between private of the crown, however, possessed such independent parties, and the details of personal business, were carried power, that his beneficent regulations were principally on by word of mouth or delegated promise. The proof confined to his own private seigniory. Some barons of claims, and the evidence of facts, was thus therefore nevertheless, of their own accord, gradually adopted his difficult, and encouraged both deception and evasion, plans; and the spirit of such courts of justice as existed whether in criminal or in civil cases. The definition grew daily more and more averse to the trial by combat. of evidence, the decision as to whether a court should On the other hand, the successors of St Louis, awed accept positive or circumstantial proof, the determina- by the general attachment to judicial combat, still toletion as to the respective credit to be attached to dis- rated and authorised its practice; and so the struggle cordant witnesses, and generally all intricate questions, continued for several centuries. In the course of these, were, under these circumstances, matters of extreme however, the royal prerogatives gradually increased; and difficulty. Recourse was consequently had to the ap- what was of more importance, the ideas of the people peal to trial by combat between the adversaries. They received a more pacific and intelligent development, as publicly fought hand to hand, and thus decided their the first germs of the municipal system were manifested differences before their judges. Undoubtedly the inno- among them. Still, instances of judicial combat occur as cent often fell thus under the more mighty arms of late as the sixteenth century both in the annals of Eng. their guilty antagonists; and by this absurd system land and of France. As these decreased, with the ferojustice was left to the decision of chance or force. Yet cious habits they engendered, a great impulse was given 80 military was the nature of feudality, in which to European civilisation by a more regular administraevery soldier was a freeman, and every rood of ground tion of justice. The authorisation of the right of appeal held by tenure of martial service, that the judicial and of review from the courts of the barons to those of combat was, for a considerable period, considered as one the king, was the grand desideratum ; and this was of the wisest institutions both of civil and criminal gradually obtained. Royal courts, hitherto held at irrejurisprudence. It gradually superseded the ordeal by gular intervals, were fixed as to time and place, and fire, water, or dead body, as well as the plan of acquit to these judges of more distinguished talents were tal by oath or compurgation, until it became the disappointed than those who administered in the judicatinguished and cherished privilege of a gentleman over ture of the barons. They regulated the forms of law, all Europe to claim the trial by combat. Not only and endeavoured to give consistency to its decisions ; contested questions, but abstract points undetermined and the people were thus led to have more confidence by law, were thus decided by the sword, until justice in their decrees than in those of the barons, and were dropped the scales, and waved only a bloody blade. eager to exercise the new right of appeal. The order Evidence was in the point of the sword, and the suc- and precepts of the canon law in use among the ecclecessful argument in the keenest edge, wielded by siastics, being good in themselves, also contributed to the strongest arm. Witnesses, and even judges, were this reform in jurisprudence. About the middle of not exempt from a challenge to the combat, nor could the twelfth century, likewise, a copy of . Justinian's it be refused by them without infamy. Moreover, Pandects' was found in Italy, and this led to a revival women, children, ecclesiastics, and aged or infirm per- of the study of the Roman imperial code of laws, and sons, who could not, from circumstances of sex, or age, so added greatly to the growth of more enlightened or position, be expected to use the judicial sword ideas on the administration of justice. Thus gradually in their own right, had nevertheless the liberty, or was the trial by judicial combat abolished, and a more rather obligation, of producing champions, who would liberal system of jurisprudence established in its stead fight upon their behalf from individual attachment, or throughout Europe. from consanguineous or mercenary motives. In fine, Let us now see what analogy exists between the religious ceremonies were added to the judicial combat; history of judicial combat and that of national war. A and what was really a recourse to the decision of for- person is a separate individuality. A nation is an tuity, or to the preponderance of animal prowess, be aggregate individuality. As the judicial combat was a came superstitiously accounted a direct appeal to God. contest between the individuality of two persons, so Its arrangements were settled by edicts, commented also is war a contest between the individuality of two