But, as has been pointed out by Laferriere, /1/ and very
likely by earlier writers, the surety of ancient law was the
hostage, and the giving of hostages was by no means confined to
international dealings.
In the old metrical romance of Huon of Bordeaux, Huon, having
killed the son of Charlemagne, is required by the Emperor to
perform various seeming impossibilities as the price of
forgiveness. Huon starts upon the task, leaving twelve of his
knights as hostages. /2/ He returns successful, but at first the
Emperor is made to believe that his orders have been disobeyed.
Thereupon Charlemagne cries out, "I summon hither the pledges for
Huon. I will hang them, and they shall have no ransom." /3/ So,
when Huon is to fight a duel, by way of establishing the truth or
falsehood of a charge against him, each party begins by producing
some of his friends as hostages.
When hostages are given for a duel which is to determine the
truth or falsehood of an accusation, the transaction is very near
to the giving of similar security in the trial of a cause in
court. This was in fact the usual course of the Germanic
procedure. It will be remembered that the earliest appearance of
law was as a substitute for the private feuds between families or
clans.
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