But, it frequently happens, that a hired Champion is produced in
court, who, on account of a reward, has undertaken the proof. If the
adverse party should except to the person of such a Champion, alleging
him to be an improper witness, because he had accepted a reward to
undertake the proof, and should add, that he was prepared to prove
this accusation against the Champion, (if the latter chose to deny it)
either by himself or by another, who was present when the Champion had
taken the reward, the party shall be heard upon this charge, and the
principal Duel shall be deferred. If, upon this charge, the Champion
of the Demandant should be convicted and conquered in the Duel, then,
his Principal shall lose the suit, and the Champion himself, as
conquered, shall lose his law, namely, he shall from thenceforth never
be admitted in Court, as a Witness, for the purpose of making proof by
Duel, for any other person;[97] but, with respect to himself, he may
be admitted, either in defending his own body, or in prosecuting any
atrocious personal injury, as being a violation of the King’s Peace. He
may also defend by Duel his right to his own Fee and Inheritance.
[Footnote 97: From the Norman Code we learn, that the conquered
Champion was incompetent as a witness, as a champion, as a juror, &c.
(Le Grand Custum. de Norm. sparsim) which indeed coincides with the
text of Glanville, in point of substance.]
The Duel being finished, a fine of sixty shillings[98] shall be imposed
upon the party conquered, in the name of Recreantise,[99] and besides
which he shall lose his Law; and, if the Champion of the Tenant should
be conquered, his Principal shall lose the Land in question, with all
the fruits and produce found upon it at the time of Seisin of the Fee,
and never again shall be heard in Court concerning the same Land.[100]
For those matters, which have been once determined in the King’s Court
by Duel, remain for ever after unalterable. Upon the determination of
the suit, let the Sheriff be commanded by the following Writ, to give
possession of the Land to the successful party.
[Footnote 98: _Qui bellum vadiaverit et per judicium defecerit, 60 Sol.
emendet_ (LL. Hen. 1, c. 59 Ed. Wilkins.) The Mirror says 40s. and the
Cottonian MS. of Glanville 9s. whilst the sum fixed by the Norman code
was 40s. and one penny. (Vide Mirror, c. 3. s. 23. Grand Custumary of
Normandy c. 127.)]
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