The Duel Between France and Germany by Charles Sumner
page 71 of 83 (85%)
page 71 of 83 (85%)
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as never before,--Economy, asking for mighty help,--Peace, with
softest voice praying for safeguard,--and then the authority of Philosophy, speaking by some of its greatest masters,--all reinforced by the irrepressible, irresistible protest of working- men in different nations. Precedents exist for the abolition of this duel, so completely in point, that, according to the lawyer's phrase, they "go on all fours" with the new case. Two of these have been already mentioned: first, when, at the Diet of Worms, in 1495, the Emperor Maximilian proclaimed a permanent peace throughout Germany, and abolished the "liberty" of Private War; and, secondly, when, in 1815, the German Principalities stipulated "under no pretext to make war upon one another, or to pursue their differences by force of arms." [Footnote: See, _ante_, p. 247.] But first in time, and perhaps in importance, was the great Ordinance of St. Louis, King of France, promulgated at a Parliament in 1260, where he says: "_We forbid battles [i. e. TRIALS BY BATTLE] to all persons throughout our dominions,... and in place of battles we put proofs by witnesses_... AND THESE BATTLES WE ABOLISH IN OUR DOMINIONS FOREVER." [Footnote: "Nous deffendons a tous les batailles par tout, nostre demengne,.... et on lieu des batailles nous meton prueves de tesmoins..... Et ces batailles nous ostons en nostre demaigne a toujours."----_Recueil General des Anciennes Lois Francaises_, par Jourdan, etc., (Paris, 1822- 33,) Tom. I. pp. 283-90.] These at the time were great words, and they continue great as an example. Their acceptance by any two nations would begin the work of abolition, which would be completed on their adoption by a Congress of Nations, taking from war its existing sanction. |
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