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
Maynard’s Year Books, contain the history of many trials occurring during
the reigns of Edward III. and Henry VI. The report of one such trial, in
the year 1329, describes the champions as appearing with shaven heads,
ungirt coats, bare legged and bare armed, tendering a glove, with a penny
in each finger, to the judge, who afterwards offered the pennies on the
altar of the nearest church, in order that “God might give the victory to
him who was in the right.” (Maynard’s Year Books, I. Henry VI., pp. 6, 7;
_idem._ 21 Henry VI., pp. 19, 20.)
As the pugilists of the present day, have managers, who conduct the
combats between the champions for the wager of the ringside, so men of
the thirteenth century kept pugilists for hire, whose services were quite
generally used in these trials. One of these champions was Richard of
Newnham, whose master, or manager, was William of Cookham (Note Book, pl.
185, 400, 551), whose expert services were much in demand about the year
1220.
[26] Neilson’s “Trial by Combat,” p. 40; Maddox, 71, 66, 311, 349, 379.
[27] III. Reeve’s History English Law, p. 329.
[28] 22 Edward IV., 19; IV. Reeve’s History English Law, p. 58.
[29] 37 Henry VI. 20; IV. Reeve’s History English Law, p. 58.
[30] II. Pollock and Maitland’s History English Law, p. 214.
[31] Herbert’s “Antiquities of Inns of Court,” p. 130.
[32] Neilson’s “Trial by Combat,” p. 46.
Clergymen were exempted from the trial by battle and by 41 Edward III.,
an appellant, on entering the field of battle could avoid the fight, by
praying his clergy. (Herbert’s “Antiquities of the Inns of Court,” 130.)
By the Charter of London, the following citizens were also exempted from
trial by battle, _viz._, _sexagenarii_, or men of three score years;
_coecus_, or those blind by accident after issue joined. (_Ante idem._)
The exemption granted by Henry I., by the Charter of London, was followed
by many other similar exemptions. Newcastle-on-Tyne, Norwich, Oxford and
Winchester, soon followed and almost every borough strove to procure like
exemptions. (Stubbs’ Charters, Thompson’s English Mun. History.)
Mayhem was a good ground for exemption from trial by combat. Crown Pleas,
No. 4, 9; Bracton, ii, 458, 468; Glanville, XIV., ch. I; Neilson’s “Trial
by Combat,” 46.
[33] Beames Glanville, pp. 36, 41; Herbert’s “Antiquities of the Inns of
Court,” pp. 110, 115.
[34] An _essoin_ is defined by Sir Edward Coke as an excuse, the term
being taken from the French verb, _essonier_, or _exonier_. The term was
introduced into England by the Normans. Note to Beame’s Glanville, p. 6.
[35] Beames, Glanville, p. 41; Herbert’s “Antiquities of Inns of Court,”
115.
[36] Selden, impr. Duello, Lond. 1610; Herbert’s “Antiquities of the Inns
of Court,” pp. 115, 117; Select Pleas of Crown, Pl. 87; II. Pollock and
Maitland’s History English Law, p. 634.
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