We have alluded in the course of this chapter to a combat which was about to take place between the Earls of Hereford and Norfolk, in pursuance of the practice of Wager of Battle, which was in those days prevalent. It may seem unjust and ridiculous to the present generation, that the strongest arm or stoutest spear should have settled a legal difference, but even in our own times it is frequently the longest purse which determines the issue of a law-suit. The only difference is that litigants formerly knocked about each other's persons, instead of making their assaults upon each other's pockets, and the legal phrase, that "so-and-so is not worth powder and shot," preserves the allegory of a combat, to which an action-at-law may be compared with the utmost propriety. There has always been something chivalric in entering upon the perilous enterprise of litigation, and we are not surprised that the forensic champions of England should have been originally an order of Knights Templars. The only military title which is still left to the legal corps is that of Sergeant, and the black patch in the centre of their heads is perhaps worn in memory of some wound received by an early member of their order in the days of Wager of Battle. The sword of justice may also be regarded as emblematical of the hard fight that is frequently required on the part of those who seek to have justice done to them by the laws of their country. Contemporaneously with the Wager of Battle, there was introduced during the reign of Henry the Second a sort of option, by which suitors who were averse to single combat might support their rights by the oaths of twelve men of the vicinage. Thus it was possible for those who were afraid of hard hitting to have recourse to hard swearing, if they could get twelve neighbours to take the oath that might have been required. These persons were called the Grand Assize, and formed the jurors--a word, as everybody knows, derived from the Latin _juro_, to swear--but the duty has since been transferred from the jury to the witnesses, who not unfrequently swear quite as hard as the most unscrupulous of our ancestors. We have seen that there were very few improvements in the reign of Richard the Second; but we think we may justly say of the sovereign, that though he did no good to his country, yet, in the well-known words of a contemporary writer, "He would if he could, but he couldn't." CHAPTER THE SIXTH. ON THE MANNERS, CUSTOMS, AND CONDITION OF THE PEOPLE. [Illustration: 234]