Volume V
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is thus described: When the privilege of trial by battle was claimed by the appellee, the judges had to consider whether, under the circumstances, he was entitled to the exercise of such privilege ; and his claim thereto having been admitted, they fixed a day and place for the combat, which was conducted with the following solemnities:- A piece of ground was set out, of sixty feet square, enclosed with lists, and on one side was a court erected for the judges of the Court of Common Pleas, who attended there in their scarlet robes; and also a bar for the , learned serjeants-at-law. When the Court was assembled, proclamation was made for the parties, who were accordingly introduced into the area by the proper officers, each armed with a baton, or staff, of an ell long, tipped with horn, and bearing a four-cornered leather target for defence. The com- batants were bare-headed and bare-footed, the appellee with his head shaved, the appellant as usual, but both dressed alike. The appellee pleaded not guilty, and threw down his glove, and declared he would defend the same by his body; the appellant took up the glove, and replied that he was ready to make good the appeal body for body. And thereupon the appellee, taking the Bible in his right hand, and in his left the right hand of his antagonist, swore to this effect "Hear this, O man, whom I hold by the hand, who callest thyself [John], by the name of baptism, that I, who call myself [Thomas], by the name of baptism, did not feloniously murder thy father [William], by name, nor am anyway guilty of the said felony. So help me God." To which the appellant replied, holding the Bible and his antagonist's hand, in the same manner as the other: "Hear this, O man, whom I hold by the hand, who callest thyself [Thomas], by the name of baptism, that thou art perjured, because that thou feloniously didst murder my father, [William] by name. So help me God and the saints ; and this I will prove against thee by my body, as this Court shall award." Next, an oath against sorcery and enchantment was taken by both the combatants in this or a similar form : " Hear this, ye justices, that I have this day neither ate, drank nor have upon me either bone, stone or grass ; nor any enchantment, sorcery or witchcraft, whereby the law of God may be abased, or the law of the devil exalted. So help me God and His saints." The battle was thus begun, and the combatants were bound to fight till the stars appeared in the evening. If the appellee were so far vanquished that he could not or would not fight any longer, he was adjudged to be hanged immediately; and then, as well as if he were killed in battle, Providence was deemed to have deter- mined in favour of the truth, and his blood was declared attainted. But if he killed the appellant, or could maintain the fight from sunrising till the star appeared in the evening, he was acquitted. So also, if the appellant became recreant and pronounced the word " Craven," he lost his liberam legem, and became infamous; and the appellee recovered his damages and was for ever quit, not only of the appeal, but of all indictments likewise of the same offience. There were cases where the appellant might counterplead, and oust the appellee from his trial by battle : these were vehement presumption or sufficient proof that the appeal was true ; or where the appellant was under fourteen or above sixty years of age, or was a woman or a priest, or a peer, or, lastly, a citizen of London, because the peaceful habits of the citizens were supposed to unfit them for battle. It is almost needless to add that this remnant of barbarity has now ceased to exist, an Act of Parliament, the introduction of which was attributable to the above case, having removed it from the pages of the law-books by which our courts are governed. |