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
The mandate of the Conqueror’s law, that the mutilated trunk, of the
defendant, convicted of treason, by combat, should remain as an evidence
of his crime, in order to deter others from this hated offense, was
exemplified, in the year 1096, in the case of William of Eu,[46] who,
after trial by combat, had his eyes torn out and thus bereft of his
sight, was sadly left to wander alone and despised through the world, a
living example of the vengeance of the Lord, for the offense that he had
been convicted of, by this hap-hazard method.
The battle between Henry, Earl of Essex and Robert de Montford, in the
year 1163, on an island in the Thames, near the Abbey, is well attested
by the history of that period. The charge of treason was preferred in
Parliament and the combat was adjudged, because of the alleged cowardice
of the Earl of Essex, during the Welsh war of 1157, in precipitating
a panic, during a decisive engagement in a narrow pass, by throwing
down his banner and giving the alarm that the king had been slain. De
Montford was victorious in the battle which followed and though Essex
made a fierce attack upon him, his blows were warded off and the Earl was
defeated and left for dead upon the field of battle. His body was given
to the Monks of Reading, for burial and he was revived and allowed to
become a Monk himself.[47]
“Hobbe-the-Werwede,” an approver, much spoken of in the old books
discussing trial by battle, in the fourth year of King Henry III. defeated
“Walter-in-the-Grove,” but Hobbe soon afterwards faced another opponent
and like many of our modern pugilists, went down to defeat, in his last
battle.[48]
On October 4’, 1350, Sir John de Visconti fought Sir Thomas de la Marche,
before King Edward III., within the bounds of the royal palace, at
Westminster. Sir John had charged Sir Thomas with taking bribes from the
infidel Turks and betraying the Christian army. The combatants were clad
in armour, but their helmets were guarded, at the visor, with small bars
of steel. Sir Thomas had taken the precaution to wear steel knuckles,
with which he soon broke the bars of steel covering the visor of Sir
John’s helmet and thus having the advantage, he punished him so severely,
by repeated blows in the face, that Sir John was compelled to yield.
Because of the compliment paid to the English King, in fighting this duel
in his presence, when Sir Thomas returned to France, he was tried by his
brother, the King, upon the charge of treason, and beheaded.[49]
Public-domain text, read in full here on John Shaqi.
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