Súdny súboj v spišskom práve
Judicial Duel in the Spiš Law

Summary/Abstract: The issue of the trial of ordeals can be described as quite interesting topic of historical research. However in Slovak historiography there is still a little interest in ordeals, and if authors are discussing them, they generalize their findings and deal only a little with concrete form of exam. Judicial duels represent specific form of legal settlement which demands partial research. Outcome of this process should be a complex picture of this phenomenon. To reach some conclusions we need to analyze all legal regulations connected to judicial duels. Recently for completion of this analysis there has been chosen legal regulation of judicial duels in the Spiš law (Zipser Willkühr). Analysis of normative representation of judicial duel in Zipser Willkühr leads to opinion that it is surviving relic of ordeals. Content of analyzed norm points out changed perception of this legal act. It is not possible to discern a reference to the involvement of clergy in the process. Supervision over the course of the legal act include representatives of the secular power – count of the Spiš Saxons and two mayors of province cities of the Spiš Saxons. Also a brief statement of factual reason does not indicate the cause of this duel as ordeal but rather as method of repaying for wrongs committed. Duelists fight in the duel by weapons corresponding to lower social classes. Accuser should fight with club and shield, defendants fighting tool is stick. The prescription of club and shield weapons having in Franconian background tradition in early Middle Ages, it point to the origin of this legal act in this area. Norm by following regulations governs the course of duel. Emphasizes that no third party should get involved in duel. Warns duelists against altering their fighting weapons and so on. Nevertheless certain aspects which usually accompany the conduct of battle are absent. Firstly there is an oath. Because of its severity it cannot be excluded by custom. There is a similar lack of duelists dress regulation. Zipser Willkühr is a proof that right to duel was extended on ignoble people. It is an important proof of the fact that the judicial duel is transforming from form of ordeal and its character is becoming more profane. To what extent was judicial duel really used in the Spiš area is not known. You cannot exclude the possibility that analyzed norm was never used and its practical side consisted only in its existence in Zipser Willkühr.

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