Connecticut western news., 1873-02-07
Combats Amongst the Ancient Franks.

During the eleventh century the means of justice among the Franks, was a combat between the accuser and the ac- cJlsed. If person was accused of any misdemeanor, he was granted permis- sion to take an oath upon his innocence before the Court of 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 Con which it rested during his oath), and challenge him to mortal combat.
 If the accuser was a woman, and the accused a man, the laws of battle were as follows:
 The man was to stand in pit, nearly up to his waist, and be armed with 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 1276, and the Wurtzburg Battle Code of HAY, the man was to have club twelve inches in length, the thickness of two thumbs at the end ; while the womans weapon was to be two fists longer, and to consist of a stone weigh ing one pound, wrapped in kerchief
 Whenever 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 sentenced to death in court, on a charge of false accusation. She would then be burned alive in the same pit wherein the man stood. This result was looked upon as "Gods Judg ment ; for the advantage woman had over a man, in position and weapons, usually made her the victor.
 Although the Judgment of God," or ordeal, was discarded in 1250, 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 a fixed sum of money.
 Wager of battle was used in the four teenth and fifteenth centuries in the case of nobles who defed 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 were examined, and the spectators enjoined to observe the strictest silence.
 Only the seconds were allowed to speak. The combat began at given signal. A blow previous to the start ing-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 C. 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 durst Mot 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 dress usually consisted of close fitting trowsers, jacket and hood, fast ened with Q leather strap, and cut from one piece of gray woolen cloth. The shield (which, however, was not worn in battle with woman,) was of wood and leather, covered with white linen, and ornamented with red cross. Be- fore the fight both combatants drank St. John's 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 al lowed them, is vivid page in history.