The Customs of Old EnglandSnell, F. J. (Frederick John)
History
The Customs of Old England
Snell, F. J. (Frederick John)
England -- Social life and customs -- 1066-1485
challenge: if a faithful vassal gave the lie to his compeer, who
unjustly claimed any portion of their lord's demesnes; or if an
unsuccessful suitor presumed to impeach the judgment and veracity of
the court. He might impeach them, but the terms were severe and
perilous: on the same day he successively fought _all_ the members of
the tribunal, even those who had been absent; a single defeat was
followed by death and infamy; and where none could hope for victory it
is highly probable that none would adventure the trial."
Second only in importance to the "Assises de Jerusalem" are the "Grand
Coutumier de Normandie" and Beaumanoir's "Coutumes de Beauvoisis." As
regards England, the forms of procedure are narrated by Bracton and
Britton; and Selden in his treatise "De Duellis" cites a number of
cases, both civil and criminal, in which resort was had to trial by
battle.
When an appellor offered to do battle in person, it was his duty to say:
"Sir, A complains to you of B, who is there, that he has assassinated C;
and if he deny it A is ready to prove it with his person against the
person of B, and to slay him or make him confess in the space of an
hour, and here is his pledge." If he offered to do battle by a champion,
the formula was: "Sir, A complains to you of B, that he has assassinated
C; and if he deny it A is ready to prove it if he shall not bring his
champion on the day; and to slay, etc., and see here his pledge." The
defendant replied in the following terms: "Sir, B denies and contradicts
the assassination imputed to him by A, and is ready to defend with his
person against A's person; and see here his pledge."
Public-domain text, read in full here on John Shaqi.
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