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
True to the faith of her fathers, and charitable, out of the goodness
of her heart, Rebecca ministers to the wants of the peasant and then,
because she turns a deaf ear to the importunities of the faithless
Templar, she is arraigned and tried for sorcery and the practice of
witchcraft, and would have been left without a champion, but for the
chivalrous conduct of Wilfred of Ivanhoe, who, though sick and maimed,
placed his implicit faith in the righteousness of his cause and the
assistance of Divine aid, and the wicked de Bois-Guilbert is stricken by
a power from on high, because he fought upon the side of an unrighteous
cause.
From the time that Rebecca offers the gage of battle, until the close of
this interesting trial, by her tardy champion, who hazarded his life in
her defense, against such fearful odds, in the tilt-yard of Temple stowe,
we can but see that the author of this humanly interesting story had
accurately studied the details of these trials by battle, as given in the
older books.
After the evidence of the witnesses to her sorcery, had been taken, the
accused demanded her right of trial by battle, through the service of a
champion, in “respect of lawful essoine of her body.” The author uses
the exact words, given by Glanville, whereby she invokes the preliminary
delay to prepare for trial. The herald opened the court and made
announcement of the pending issues, in the usual manner; the court was
regularly adjourned to a day certain for the trial. On the appointed day,
the details of the trial are presented, just as such trials obtained in
the courts of chivalry and honour of the period depicted. The accused,
in the presence of the court, was interrogated, from her black chair,
placed near the funeral pile, as to her readiness for the combat. She
begged the indulgence, which the law granted to her, of a short delay,
after invoking the aid of Divine wisdom, for her deliverance. Her
champion appears in true knightly fashion at the last moment and after
gaining the recognition of the court, and permission to do battle for
his fair principal, he throws the customary words of defiance into the
very teeth of the false Bois-Guilbert and the battle proceeds, until
the death of Bois-Guilbert, pronounced by the Court, in accordance with
the superstition of the times, as a consummation devoutly to be wished,
because it was, in fact, “the judgment of God.”
In “The Fair Maid of Perth,” Scott also describes the trial by battle as
used to decide the destinies of the Clan Quhele and the Clan Chattan,
assisted by the volunteer Henry Wynd, upon the field of North Inch,
whereat the whole tribe of the Clan Quhele was annihilated in the combat
with the race of the “Cat-a-Mountain.”[72]
Public-domain text, read in full here on John Shaqi.
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