Legal antiquities : $b A collection of essays upon ancient laws and customsWhite, Edward J. (Edward Joseph)
History
Legal antiquities : $b A collection of essays upon ancient laws and customs
White, Edward J. (Edward Joseph)
Criminal law -- History; Law -- History; Law, Ancient; Punishment -- History
“And if he will defend it by _combat_, he is then obliged to
defend the right of the demandant word to word as he sheweth
it against him, either by himself or some other fitting
person; but note, that after the _combate_ shall be thereupon
waged, it behoveth him who holdeth the land, to defend it by
_combate_, and thenceforth not to put himself into the _great
assize_; and, after the _combat_ waged, he may again reasonably
essoins himself thrice, as for his own person, and thrice for
the person of his champion. All which essoins being made, as
they rightly ought to be, it is necessary that, before the
_combat_ be begun, the plaintiff do appear in court, and have
his champion there in readiness to fight; nor may he bring any
other champion than one of those, upon whom he did put the
trial of his cause; neither may he change another for him,
after the first waging of the battle....
“And if the defender (i. e., the champion) shall happen to be
vanquished, his lord shall lose the land by him claimed, with
the profits and commodities thereof, at the time of the seisin
found in that fee, and shall never after be heard in court
again for the same; but whatsoever things shall be determined
by combat in the court of our lord the king are to remain firm
forever; and thereupon there shall be a precept directed to
the shireeve, that the victor shall have the land which was in
dispute....
“This, if the demandant shall prevail in the combat; but if
he be overthrown by the vanquishing of his champion, then the
tenant shall be acquitted from his claim without recovery by
the demandant.”[35]
Selden describes the ceremony governing the civil combat, upon issue
joined upon a writ of right,[36] as follows:
“A piece of ground is in due time set out of sixty feet square,
enclosed with lists; and on one side, a court erected for the
judges of the court of common pleas, who attend there in their
scarlet robes; and also a bar is prepared for the learned
serjeants at law. When the court sits, which ought to be by
sun-rising, proclamation is made for the parties and their
champions, who are introduced by two knights, and are in a
coat of armour, with red sandals, bare-legged from the knee
downward, bare-headed, and with bare arms to the elbows. The
weapons allowed them are only _batons_, or staves of an ell
long and a four-cornered leather target, so that death very
seldom ensued this civil combat ...
Public-domain text, read in full here on John Shaqi.
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