The democrat. [volume] (Weston, W. Va.) 1868-1874, 1873-02-03
Combats Amongst the AncIent Franks.


During the eleventh century the means
OF Justice among the Franks, was q
combat between the accuser and the nc
cused. II q person was accused OF any
misdemeanor, he was granted permits
sion 10 take an oath upon his innocence
before the Court Of State, and thus es.
cape what was known as g Private Ven
geance." II, however, there was not
sufficient evidence Of his innocence, the
accuser had o right 10 annul the vow Of
tho culprit by pushing his hand from
the shrine, or reliquary ION which it
rested during his OATH, and challenge
him TO mortal combat.
II the accuser was woman, and the
accused man, the laws Of battle were
rs follows; te.-,--t
The man was to stand in o pit, nearly
up to his waist, and be armed with q
club, hardened at the fire \; while the
woman, whose motions were not con-
fined, held q kerchief in her hand, in
which q stone Weighing from four to
five pounds was tied.
According to the Augsburg City Laws
Of 1915, and the Wurtzburg Battle Code
OF 14l7, tic man was TO have a club
twelve inches in length, tho thickness
OF two thumbs at tho end while the
woman's weapon was 10 be two fists
longer, and TO consist Of o stono weigh
ing ono pound, wrapped in q kerchief.
Whenever q woman undertook "wager
Of battle,n she did so at the peril Of
her life. For, II she should not be tho
victor, the accused would possess the
power Of having her sentenced to death
in court, on n charge Of false accusation.
She would then be burned alive in the
same pit wherein tho man stood. This
result was looked uponas I" Gods Judg-
ment y for the advantage woman had
over man, in positionand weapons,
usually made her tho victor.
Although the " Judgment Of God, or
ordeal, was discarded in 1850, Judicial
Combat was nevertheless retained. Not,
indeed, in cities, where its use was
gradually discontinued; nor In tho
lower criminal courts, but principally
In provincial courts Of Justice, whore
cases Of nobility were tried.
Previous 10 this, the tnconyicted nc
cused was not bound TO fight, provided
'ho confessed his guilt. In such case,
instead Of forfeiting his life, he was al
lowed TO escape with the loss Of o hand,
or on payment OF o fixed sum Of money.
Wager of battle was used in tile four
teenth and fifteenth centuries in tic
case, Of mobiles who defed the laws Of
court. Whoever succumbed i'll a judi
cial combat forfeited not his life, indeed,
but his claims. In all prevailing modes
Of this Judicial combat, one rule held
good. The accused was allowed six
weeks grace, time in which TO practice
with the prescribed weapon. On the
day Of combat, the weapons and clotl-
ing OF the antagonists, were examined,
and the spectators enioined to observe
the strictest silence. 10 p.
Only the seconds were allowed to
speak. The combat began at given
signal. A blow previous to the start.
ing-ignal or after the final signal, for
feited the battle. In cases Of distur-
banco or disorder. the seconds inter
fered. Each combatant was allowed to
callfor 9 time" |" twice during the battle.
II he,ca1led three times, or thrice drop.
ped his weapon, he was deemed to have
lost.
Every combatant had four seconds,
one advocate, one marshal Of arms; one
trainor (who instructed in the mode Of
fighting, but whose voice burst not be
heard during the battle), and one moni-
tor, who was posted in the arena, but
was allowed to communicate with the
combatants only through the advocate.
The dtess usually consisted OF close
fitting tr6wsers, iacket and hood, fast
ened with q leather strap, and cat from
one piece Of gray wooden cloth. The
shield (which, however, was not worn
in battle with awoman,) was of wood
and leather, covered with white linen,
and ornamental witheh red cross. Be-
forc the fight both combatants drank 81.
Johns wine, to thwart oil evil arts.
2 Tho days Of judicial combat arc past
and gone ; but the heroism Of those
women who maintained their dearest
rights through the only legal means al-
lowed them, is vivid page in history.