National opinion. [volume] (Bradford, Vt.) 1865-1874, 1873-01-31
Combats Amongst the Ancient Franks.

| During the ecleYeutllceuturyt the means
of justice among the Franks, was a
combat between the accnser and the ac-
cused. II person WIS accused of any
misdemeanor, he was granted permits
sion 10 take an oath upon his Innocence
before the Court o. State, and thus es-
cape what was known as "Private Ven.
geance." If, however, there was not
sufficient evidence of his innocence, the
accuser had right to annul the vow Of
the culprit by pushing his hand from
the shrine, or reliquary ton which it
rested. during his oath), and challenge
him to mortal combat. r,.. -,...-
Ii the accnser was woman, and the
accused IL man, the laws of battle were
as follows:
The man was to stand in pit, nearly
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 stone weighing from four to
five pounds was tied.
According to the Augsburg City Laws
of 1916, and the Wurtzburg Battle Code
of l447, the man was to have a 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 consist of stone weigh
ing one pound, wrapped in kerchief.
Whenever womanundertook "wager
of battle" sho 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 sentenced to death
~ n Inr &C fo1oa
She would then be burned alive in the
same pit wherein the man stood. This
result was looked upon as Goods Judg-
ment : for the advantage a woman had
over a man, in position and weapons,
usually made her the 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 the
lower criminal courts, but principally
in provincial courts of justice, where
cases of nobility were tried.
Previous to this, the unconvicted ac-
cused was not bound to fight, provided
he confessed his guilt. In such case,
instead of forfeiting his life, he was al
lowed to escape with the loss of hand,
or on payment of fixed sum of money.
Wager of battle was used in the four
teenth and fifteenth centuries in the
case of mobiles who detied the laws of
court. Whoever succumbed in 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 cloth
ing of the antagonists We're examined,
and the spectators enjoined to observe |
the strictest silence.
Only the seconds were allowed to |
speak. The combat began at a given
signal. A blow previous to the start
ng-signal or after the final signal, for
feited the battle. In cases of distur-
bance or disorder, the seconds inter
fered Each combatant was allowed to
call for g. time twice during the battle.
If he called 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
trainer (who instructed in the mode of
fighting, but whose voice burst not be
heard during the battle), and one moni-
Tor, who WAS post d in the arena, but
was allowed to col municate with the
only through the advocate.
sThe dress usually consisted of close
itting trowsers, jacket and hood, fast
ened with a leather strap, and cut from
me piece of gray wooden cloth. The
shield (Which, however, was not worn
II battle with woman,) was of wood
md leather, covered with white linen,
md ornamented with red cross. Be-
ore the fight both combatants drank ST.
Tohn's wine, to thwart all evil arts.
The days of judicial combat are past
md gone but the heroism of those
women who maintained their dearest
lights through the only legal means al
owed them, is vivid page in history.