“When the champions, thus armed with batons, arrive within the lists or place of combat, the champion of the tenant then takes his adversary by the hand and makes oath that the tenements in dispute are not the right of the demandant; and the champion of the demandant then taking the other by the hand, swears in the same manner that they are; so that each champion is, or ought to be, thoroughly persuaded of the truth of the cause he fights for. Next an oath against sorcery and enchantment is to be taken by both the champions in this or a similar form: ‘Here this, ye justices, that I have this day, neither eat, drank, nor have upon me neither bone, stone, no 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 is thus begun, and the combatants are bound to fight till the stars appear in the evening; and if the champion of the tenant can defend himself till the stars appear, the tenant shall prevail in his cause; for it is sufficient for him to maintain his ground, and make it a drawn battle, he being already in possession; but if victory declares itself for either party, for him is judgment finally given. This victory may arise from the death of either of the champions, which indeed, hath rarely happened, the whole ceremony, to say the truth, bearing a near resemblance to certain rural athletic diversions, which are probably derived from this original; or victory is obtained, if either champion proves _recreant_; that is, yields, and pronounces the horrible word of _craven_, a word of disgrace and obloquy rather than of any determinate meaning: but a horrible word it indeed is, to the vanquished champion, since, as a punishment to him, for forfeiting the land, of his principal, by pronouncing that shameful word, he is condemned as a recreant _amittere liberam legem_; that is, to become infamous, and not be accounted _liber et legalis homo_ being supposed by the event to be proved foresworn, and therefore never to be put upon a jury, or admitted as a witness in any cause.” Combat in criminal cases was allowed, according to Selden[37] not only in cases of treason but “For the trial of a particular objected misdeed, cognizable by the ordinary course of the common law; and of these the justices of the king’s bench have the imposition; it is likewise permitted for the purgation of an offense against military honor, which the high court of chivalry is to marshal by the law of arms.” The military form of trial by combat, on a criminal charge was as follows: “First a bill of challenge is, together with a gauntlet, delivered unto the court by the appellant. The defendant denieth the point of the bill, and excepteth the gauntlet.