Port Tobacco times, and Charles County advertiser. (Port Tobacco, Md.) 1845-1898, 1858-01-07


peals of murder, treason, felony, or other
offences, and wager of battle, or joining is
sue and trial by battle, in writs Of right" "
The wager of battle, like the ordeals OF
fire, water, touching the murdered body,
and other extraordinary and now obsolete
modes Of finding out the better or worse
man, of course originated in the supersti-
tious belief that Providence would in all
cases give the victory to him who had the
right upon his side; yet, in spite Of this be-
lief, we find some rather singular regula-
tions provided against the battle going too
obviously wrong. Such, for instance, as
that party detected in the very commits
sion Of the act alleged against him, or un-
der circumstances that left no possible doubt
of his guilt, could not claim the right of
trial by combat. It would have been SO
very awkward if he had been victor after
|all.
One important difference, however, ex-
listed in the conduct of the civil and crimi-
nal cases. In criminal matters, the ,accus-
er and accused met on the field and fought
it out in person; in civil suits the parties
fought by proxy. Each employed sort Of
physical force barrister The reason for
this, as given by Judge Blackstone, is, that
| if any party to the suit dies, the suit must
abate, and be at an end for the present: and,
therefore, no judgment could be given for
the lands in question, if either of the parties
were slain in battle. Another reason was,
that no person should be allowed to claim
exemption from this mode of trial in a civil
action, while there were many circumstances
under which the accused party in crimi-
nal charge was deprived of his; choice of
trial, and compelled to submit the inquiry
to jury. The fact of the accuser being a
female, or. under age, or above the age of
sixty, or in holy orders, or a peer of the
realm, or any one expressly privileged from
the trial by battle, by some charter of the
king Gas were the citizens of London among
others, or laboring under some material
personal defect, as blindness or loss of a
limb: any Of these were sufficient ground
for refusing the wager of battle.
A brief account Of the so1emnities observ-
ea elo1e nterassag fn civil trial writ
of rightly which it was sought to obtain
possession of lands or tenements, in the occu-
patton of another-the tenant pleaded the
general issue, that is to say, that he had
more right to hold than the demandant had
to recover, and offered to- prove it by the
body of his champion. This offer was ac-
cepted, the champion was produced, who,
throwing down his glove as pledge, wag-
ed or stipulated battle, with the champion
of opposing party. The latter accepted the
challenge by picking up the glove. -
A piece OF, ground, sixty feet square, was
set cut, enclosed with lists, with seats erect
ed for the Judges of the Court of Common
Pleas who presided at these trials in their
full scarlet robes, and bar was prepared
for the learned sergeants- AS soon
as the Court had assembled, at un-rising
proclamation was made for the parties and
their champions. These were introduced
by two knights, and dressed in coats of ar
NOR, with red sandals, bare-legged from
knee downwards, bare-headed, and with
bare arms to the elbows. The weapons
they were furnished with, though formidable
were not deadly. Indeed;a fatal termina-
ton to these civil eombats was rarely if ever
known. They were armed only with bat
ons or slaves of anelllong, and each carried
a four cornered leathern shield. :. -.
On their arrival III the lists, the cham
pion of the tenant took his adversary by
the hand, and made oath that the tenements
in dispute were not the property of the de-
mandant, the champion of the claimant in
precisely the same form, swore in answer
that they were. Next, both champions
took an oath that they had net made use of
any sorcery or enchantment to assist them
in the fight. The usual form of this was
as follows :-t'Hear this, ye justices. that I
have this day neither eat nor drank, nor
have upon me neither bones, stones, nor
grass @ nor any enchantment, sorcery nor
witchcraft, whereby the law of God may be
abascd, or the law Of the devil may be ex-
alted. So help me God and his Saints"
Then the fight commenced, and they were
bound to fight the whole day through, un-
til the stars appeared, or until one was bea-
ten. If the victory could be achieved eth
er by the death of a champion (a.very rare
occurrence or by either proving recreant,
that is by yielding and pronouncing the
horrible word Craven, a word of no abso-
Lutte meaning, 'but," says Blackstone, ga
horrible word indeed to the vanquished
champion, since as a punishment to him for
forfeiting the lands of his principal by pro-
nouncing that shrmeful word, he is deemed
as q recreants amittara Eharam laoom that
is to become Infamous, being supposed by
the event to be forsworn, and therefore,
never to be put upon ajury or admitted as