8. France attempted to limit judicial combat for over a century
In France, as well as in Italy and Spain, judicial duels were commonplace in the 12th and 13th centuries. So much so, that the system was widely considered corrupt. Men obtained property through the means of killing their rivals, the killing being little more than judicially sanctioned murder. Men fought each other over women, the latter being considered property at the time, expanding their estates through marriage and claiming the doweries which came with their new brides. A succession of French kings sought to discourage the process. By the beginning of the 14th century, most of the nobles in France officially opposed the practice, though the right to claim it remained in place. When claiming the right, it became necessary for the accuser to demonstrate justice could not be attained through any other means.
The person seeking legal redress through judicial combat in the 14th century did so by appearing before the magistrate, placing a glove on the floor, and demanding his opponent pick it up to signal his acceptance. This led to the later expression of “throwing down the gauntlet” as a symbol of a challenge. The time and place of combat was then established, as were the rules of the contest and the weapons to be carried. Judicial and clerical authorities were selected as witnesses to the duel. If champions were selected (women, children, the aged, and the infirm were allowed to name champions) they were informed of the rules. They were also informed they were subject to the same judicial punishments if they were defeated in combat and survived. Either party could end the combat by submitting, in essence saying “uncle”, though the word signaling submission in France was “craven”.