One of the most celebrated duels of that country took place in 626, to maintain the innocence of Queen Gundeberge, wife of Kharoald, King of Lombardy, which I have already related.
In 668, Grimoald made some alteration in the laws of Rotharis; but confirmed the right of women accused of an adulterous intercourse to appoint a champion to defend their fame. In 713, Luitprand confirmed the laws, but abrogated that part of them which confiscated the property of the vanquished. The language of his edict showed clearly that it was issued with repugnance:--“We are not convinced of the justice of what is called the judgement of God, since we have found that many innocent persons have perished in defending a good cause; but this custom is of such antiquity amongst the Lombards, that we cannot abolish it, _notwithstanding its impiety_.”
Charlemagne, who succeeded to the crown of Lombardy in 774, exerted himself, both in France and Italy, to put an end to, or at least to check the practice; and it was chiefly from the Italian nobility that he met with opposition. In many instances we find the chivalrous spirit of the day nobly exerted to repress depredations. In 807 we read of a duel between a French knight-errant, De Medicis, and a bandit named Mugel, who had ravaged a district of the Florentine state, which has ever since been called _Mugello_.
When the Othos governed the Italian dominions, it was at the urgent request of the Italian nobility, that Otho II, in an assembly at Verona in 988, re-established the practice of duelling in all its vigour, not even exempting from the obligation the clergy, or women; and while personal combat had to decide between the guilty and the innocent, trials by ordeal, similar to those already detailed, were constantly resorted to. George Acropolites relates the case of an Italian archbishop, who recommended one of his deacons to submit to the trial by fire; to this the priest did not object, provided the red-hot iron was handed to him by his diocesan, who then thought it advisable to decline the ordeal on the plea that it was sinful to tempt God.
The progress of civilization in the rude manners of the times, which resulted from the discovery of the pandects at Amalfi, did not prove sufficiently powerful to check this ancient practice; and we find Charles Tocco, a celebrated Neapolitan professor, maintaining that the practice of duelling ought to be kept up, however condemnable in principle.