Legal Definitions - defendere se per corpus suum

defendere se per corpus suum is a historical legal concept from Law Latin, meaning "to defend oneself by one's own body." It refers to the ancient practice of resolving a legal dispute or accusation through a physical contest, often called a trial by combat or a judicial duel.

In this system, instead of presenting evidence, witnesses, or legal arguments, the parties involved (or their chosen champions) would engage in a fight. The outcome of this combat was believed to be a divine judgment, revealing the truth or justice of the claim. The victor was considered to be in the right, and the loser in the wrong.

Here are some examples illustrating this historical term:

• Imagine two medieval knights, Sir Reginald and Sir Gareth, locked in a bitter dispute over the rightful inheritance of a valuable estate. With conflicting claims and no clear documentation, they approach the local lord's court. Unable to definitively rule based on the available evidence, the lord proposes, and both knights agree, to settle the matter through a trial by combat. Each knight prepares to fight the other personally. The knight who emerges victorious from the duel will be declared the rightful heir to the estate, as his triumph is interpreted as a sign of divine favor and justice. This scenario demonstrates `defendere se per corpus suum` because the legal question of inheritance is resolved by the physical prowess and outcome of a personal fight.

• Consider a commoner in 13th-century France accused of a serious crime, such as perjury, by a powerful nobleman. The commoner vehemently denies the accusation, but his word carries little weight against that of the nobleman. To clear his name and avoid severe punishment, the commoner formally requests the right to `defendere se per corpus suum` against his accuser. The court permits this, and a duel is arranged. If the commoner wins the combat, he is declared innocent, his victory seen as proof of his truthfulness. Conversely, if he loses, he is deemed guilty. In this instance, the accused is literally defending his reputation, freedom, and even his life "by his own body" in a judicial setting.