The Idaho world. [volume] (Idaho City, Idaho Territory) 1864-1918, 1871-02-02
TRIAL BY BArrLE-cURIoUs OLD CUSTOMS.

r
and incident, appears in an English magazine
under the title of "Trial by battle" We CLEAN
from the writer's pages soma interesting pas
sages. Feudal trials on the continent were
things of violence from beginning to end. The
very halls of justice there had fighting look.
"In those of all the seigneurs, ecclesiastic as
we'll rs laic," says writer of the eighteenth
century (St. Foix), "the figures of two cham
pions, completely armed and ready to encoun-
ter, were seen in the place where the cruciix
| (with us the royal arms) now stands" Rag,
neau reports that there were two such figures
in the Justice hall of the chapter of st. Meri.
Aud Sauyal says: II am much deceived it
have not myself seen them in two chambers OF
requests of the Palaisc, before they were
painted. gilded, and ornamented as they are at
present; and | think that behind the crulfix o:
one of these chambers there still remains q
considerable portion, if not the whole, of the
| figure of one OF these champions" The feudal
court was composed OF the seigneur-who
might have been u bishop or an abbot as well
rs no6le-or his bailiti, and of no less than
| four OF his, frudatories or peers
| Contempt of court was not dealt with then
rs now The president of the court could
compel anybody who disregarded his authority
| to fight him. At BOurges, Tor instance, We
| learn from the charter which abolished this pc.
culiar method of maintaining judicial dignity
in that quarter (llI5), that, IT the provost had
summoned any person who refused 10 appear,
the next proceeding of the functionary was Ia
address the obstinate individual in the follow
| ing form: " | sent for thee and thou didst mol
| think it worth thy while 10 come. | demand
| therefore the satisfaction oi the duel for this
contempt" And doubtless the provost must
have found it great satisfaction, when some
peculiarly ugly customer gave him sound
thwackng in addition 10 despisug his behests
The duel was especially designed tor those cap.
| ital eases in which there was just cause iur
suspicion against the party accused, but mol
sufficient evidence To procure his cony icton
| But. in France ut least which meant mol
only FraEcc proper, but also French speaking
Switzerland. Savoy. the SicIlles and Flanders
| in short, fully third of mediaval Christen.
don't was hardly possible 10 conduct any
action at law without having resource 10 It,
\ CURIOUS COMBAT ~ ENGLAND.
| 4 curious judicial combat was fought in
! London. July H. 1880 The wife of the ap
prllaut. Sir John Auncslir. was a near relative
of the renowned Chandos. and had inherited
/ from him large domains won aud held by the
sword in France. The old warrior had en-
trusted Harrington. one oi his squires. with
/ the government of an important castle. and
/ this squire had been continued in his command
| by Aunrslie aud his dame. The castle in ques
tion was one at the many that fell before the
sweeping march and. ms French historians de
! light to recount. the progress of Dnguesc!in
This duel. however, throws light on Duguesc.
in's conqucsts in which other means n little
less glorious than military skill and valor arc
seen Ia play an important part.
nUTcuERY ~ IRELAND
| 4 butchcrly instance of the duel took place
ut Dublin. September, 1888 league Mcliil.
patrick O'Connor. a semi-wild chief from Con
naught. accused Cunnor Mccormack OConnor
another wild chief from the same province
before the Lords Justices and the Council o.
killing and numbering his men. they being ther
under protection. This the appellant declared
had been done by the simple plan of firing
their lodgings at midnight, aud assailing then
rs they issued from the tlamcs. The defendant
admitted the deed, justified it on the plea thai
the slain men were rebels and offered to prove
his assertion by battle. He thus very com
plctely turned the table on his foe Rebellion
was greater crime in the eyes of the Lords
Justices than murder. and the original com
plainant was Mt once transformed into the de
tendant One of the Lords Justices was Arch
bishop Lotus, but this worthy preate, far
from advocating peace by word and example
not only gave his fiat for the duel, but presided
there in person. along with his coadjutor, Si
Henry Wallop.
! The quarrel was decided in the Castle yard
on foot. the weapsns, sword, dagger and targe
and the usual defensive armor. Having frs
been stripped to their shirts, and carefully
searched for amulcts by Mr.. Secretary Fenton
the champions encountered The homicide
proved the better man at arms, and wounded
the other O'Connor twice in the leg, and once
in the eye. Finding the day going against him
the latter attempted to close and to his misfor
tune succeeded. His antagonist proved quit,
as superior in strength as in skill. got his heat
into chancery, and pummelled with the hit q
bis sword until he had knocked off his helmet
This done, the victor hammered away at the
bare head, until, as an Hibernian author
strangely phrases it. he had knocked the sever
senses out of It," Having achieved this extra
ordinary feat, Connor Mccormack O'Conno
hacked off the victims head with the victim
own sword, and presented the dainty morse
to the Lords Justices who ordered it forthwith
to be stuck on pole for general contemplation
and edification.
PLEBETANs AND MOBILES.
The duel was nearly as common among pie
beians in the good old time rs it was anon,
gentlemen. Both classes mostly battled witt
men of their own order, but not exclusively
A plebeian, for fitting provocation, might chal
lenge gentleman; and a gentleman plebeian
But the regulations of the duel are not favor
able to such encounters. When the plebeial