The Forest Republican. [volume] (Tionesta, Pa.) 1869-1952, 1873-02-05
COlIBATS AMONGST THE ANCIENT
FRANKS,

During the eleventh century the
means of justice among the Franks,
was combat between the accuser and
the accused. If n person was accused
of any misdemeanor, he was granted
permission to take an oath upon his
innocence before the Court of State,
and thus escape what was known as
"Private Vengeance" If, however,
there was not sufficient evidence of in
nocence, the accuser had a right to
annul the vow of the culprit by push
ing his hand from the shrine, or re-
liquary (on which it rested during his
oath), and challenge him to mortal
combat.
If the accuser was woman, and
the accused a man, the laws of battle
were as follows:
The man was to stand in pit, near
ly up to his waist, and be armed with
a club, hardened at the fire; while the
woman, whose motions were not con-
fined, held kerchief in her hand, in
which a stone weighing from four to
FIVE pounds was tied.
According to the Augsburg City
Laws of 1916, and the Wurtzburg
Battle Code of 1447, the man was to
have club twelve inches in length,
the thickness of two thumbs at the
end while the woman's weapon was
To be two fists longer. and to consistof
a stone weighing one FOUND, wrapped
in kerchief.
Whenever a woman undertook
"wager of battle" she did so at the
peril of her life. For, if she should
not be the victor, the accused would
possess the power of having her sem
fenced to death in court, on u charge
Of false accusation. She would then
be burned alive in the same pit where.
in the man stood. This result was
looked upon as Goods Judgment :,
for the advantage woman had over
man, in position and weapons, usual
made her the victor.
Although the Judgment of Cod"
or ordeal, was discarded in 1850, Judi.
cial Combat was nevertheless retained.
Not, indeed, in cities, where its use
was gradually discontinued; nor in
the lower criminal courts, but princi-
pally in provincial courts of justice,
where cases Of nobility were tried.
Previous to this, the unconvicted
accused was not bound to fight, pro-
vided he confessed his guilt. In such
case, instead of forleiting his life, he
was allowed to escape with the loss of
a hand, or Oh payment Of fixed sum
of money.
Wager of battle was used in the
fourteenth and fifteenth centuries in
the case of mobiles who defed the laws
of court. Whoever succumbed in q
judicial combat forfeited not his life,
indeed, but his claims. In all pre-
vailing 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 clothing of the antago-
nists were examined, and the specta-
tors enjoined to observe the strictest
silence.
Only the seconds were allowed to
speak. The combat began at given
signal. A blow previous 20 the start
ing'slgnal or after the final signal, for
teited the battle. In cases of distur-
bance or disorder, the seconds inter
fered. Each combatant was allowed
to call for time" twice during the
battle. If he called three times, or
thrice dropped his weapon, he was
deemed to have lost.
| Every cOmbatant had four seconds,
one advocete, one marshal of arms,
one trainer (who instructed in the
mode of fighting, but whose voice
burst not be heard during the battle),
and one monitor, who was posted in
arena, but was allowed to communi-
cate with the combatants only through
the advocate.
The dress usually consisting of close
fitting trewsers, jacket and hood, fast
ened with leather strap, and cut from
one piece of gray wooden cloth. The
shield (Which, however, was not worn
in battle with a woman, was of wood
and leather, covered with white linen,
and ornamented with red cross. Be
fore the fight both combatants drank
st. Johns wine, to thwart all evil arts.
The days of judicial combat are
past and gone; but the heroism of
those women who maintained their
dearest rights through the only legal
means allowed them, is vivid page in
history.
Some time since young minister,