[38] This is a quotation from an old manuscript book, belonging to Sir Edw. Windham, knight, Marshal of the Camp, to King Henry VIII. See, Herbert’s “Antiquities of the Inns of Court,” pp. 119, 131. [39] Coke, Litt. 287; 4 Shars. Bl. Comm. 312, 318, and notes. [40] Neilson’s “Trial by Combat,” p. 3. [41] Livy, book I., ch. 24, book 28, ch. 21. [42] Geoffrey of Monmouth, lx, ch. II; Neilson’s “Trial by Combat,” p. 25. [43] Neilson’s “Trial by Combat,” p. 8. [44] If this procedure obtained today, it would have a wholesome effect, in some of the disgraceful controversies in our divorce courts. [45] Lea, “Superstition and Force,” (4 ed.) 120. Thayer states that the earliest reference to the trial by battle in English adjudicated cases, is that of Bishop Wulfstan vs. Abbot Walter, in the year 1077. (Essays in Anglo-Saxon Law, 379; Bigelow’s Placita Anglo-Normanica, 19; Brunner, Schw. 197, 400-1; Thayer’s Older Modes of Trial, V. Harvard Law Review, 66; II. Essays in Anglo-American Legal History, 397.) The history of cases of trial by battle that were preserved, in England, prior to Glanville’s time, are to be found in Bigelow’s Placita Anglo-Normanica. [46] I. Ancient Laws England, 494; Neilson’s “Trial by Combat,” p. 59. [47] Carlyle’s “Past and Present,” book II., ch. 14; Jocelin of Brakelond’s Chronicle, p. 52; Neilson’s “Trial by Combat,” pp. 61, 62. [48] Neilson’s “Trial by Combat,” pp. 43, 44. [49] Galfridus le Baker, 208, 210; Walsingham, i, 275; Myrick, ii, 32; Neilson’s “Trial by Combat,” pp. 168, 170. [50] Hall, 4; Adam of Usk, 131; Trekolowe, 225; Neilson’s “Trial by Combat,” pp. 190, 193. [51] IV. Coke, Littleton, ed. 1817, ch. 17. [52] John Stowe’s Survey, iii, 239, 371; Neilson’s “Trial by Combat,” 199. [53] Gregory, 187; Nichols’ “Illustrations of Manners,” (1797) p. 217; John Stowe, 385; Neilson’s “Trial by Combat,” p. 201. [54] Gregory, 199, 200; Neilson’s “Trial by Combat,” pp. 154, 157. [55] John Stowe, 475; Neilson’s “Trial by Combat,” pp. 203, 204. [56] Afterwards a battle occurred in the court of chivalry, in 1631. (Rushw. Coll. vol. II., part 2, fol. 112; 19 Rym. 322.) And another in the county palatine of Durham, in 1638. (Cro. Car. 512.) [57] Dyer, 301. [58] Spelman’s Gloss (_sub voc._ Campus, 1625), 102. [59] _Ante idem._ [60] I. Barn. & Ald. 405. [61] I. Barn. & Ald. 405; 3 Shars. Bl. Comm. 339; 4 _idem._ 347. [62] Grandes Chroniques de France, M. Paulin, Paris, vol. IV., pp. 427, 430; Brunner, Schw. 297; “Older Modes of Trials,” by Thayer, V. Harvard Law Rev., p. 67; II. Essays in Anglo-American Legal History, note, p. 398. [63] Stephens’ History Criminal Law, in England; Neilson’s “Trial by Combat,” p. 319. The reader, interested in following the many illustrations of the trial by combat, in individual instances occurring at various periods during the centuries from 1100 to 1600, in Scotland, will find copious references to such trials, in Neilson’s “Trial by Combat.”