Chivalry passed, yet not the half-forgotten wager of battle. A claim so
to determine a civil dispute was made in 1571, to the great perplexity
of the lawyers. Elaborate preparations were made, but the case was
settled in other fashion. Under James I. bills were introduced into
Parliament to abolish it, but they fell through, and in 1774, at the
beginning of the North American troubles, when it was proposed to
punish the New Englanders by depriving them of the appeal of murder,
Dunning, afterwards Lord Ashburton, described it as that great pillar
of the Constitution. Burke concurred, and the motion was lost. Perhaps
they have it yet in the States, at least Dr Cooper, in editing, in
1857, the statutes at large of South Carolina, treats Wager of Battle
as an existing fact. In England the end came in dramatic fashion. In
May 1817 Mary Ashford--a young woman of Langley in Warwickshire, was
found drowned under suspicious circumstances. A certain Abram Thornton
was suspected of the murder; he was tried and acquitted, but there
was much evidence against him, and he had played so ill a part in a
horrid though vulgar tragedy that the relatives of the dead girl cast
about to carry the matter further. Now, an old act provided that no
acquittal by jury should bar an appeal of murder, so William Ashford,
Mary's brother, appealed Thornton in the Court of King's Bench. He
was attached, and when called upon pleaded "Not guilty, and am ready
to defend the same by my body." He then threw down his glove on the
floor of the Court. It was a curious turn; for no doubt men thought
that he would put himself upon the country, and stand a second trial by
jury. There was much legal argument (set forth at great length in the
reports of the time), for the prosecuting counsel tried hard to "oust
his battle," but to no purpose, and in the end Thornton was set free.
In 1819, two years after the drowning of Mary Ashford, the Appeal of
Murder Act (59 Geo. III. c. 46) abolished the last remnant of Wager of
Battle.
THE PRESS-GANG
Smollett, Galt, Marryatt, and the other naval novelists, not those
well-nigh forgotten Dry-as-dusts whose works encumber the back shelves
of our law libraries, are the authorities for the press-gang of popular
imagination. The sea-port invaded, the house surrounded at dead of
night by man-o'-war's men with stout cudgels, and by naval officers
with cutlasses; the able-bodied mariner knocked down _first_ and _then_
bid stand in the king's name; the official shilling thrust into his
reluctant palm before he is hauled off in irons--who has not devoured
with joy this wild romance, with its tang of the sea, its humour and
rough frolic, the daring and exciting prelude to much more daring and
more exciting achievements? But how far can we trust these entertaining
authors? And what was the legal status of the press-gang?
Public-domain text, read in full here on John Shaqi.
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