Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1878-08-02
Ancient Metl,od of Settling Dispmlcs.

Ancient Method OF Settling Disputes.
1t is not little strange 10 know that the bar
barou, practice Of trial By wager OF battle
(which was duel between tho parties, founded
Oh presumptuous appeal to heaven to give the
victory TO tho Injured or innocent pary) was
part and parcel Of the Ergish law from the
time Of its introduction by William the t'u
queror down to the year 1919.
From careful research into the old fcpyrs
| two authentic cases Of trial by wager ar gath
cred. The first one is Rcadc Y. RochtoIt,
which occurred about the year j54 ): 10 which
although the defendant offered TO prove Ills DC
fense By the body Of his champion, :he tisru:>
was ultimately determined by judgment % i
murrcr for the plaintiff, aud 10 battle tonF
place. But 10 the sccoDi case, which vas ~"
las. instance Of such Il trial On . Wft q rigAt.
the whole ancient formula vas carried CIT IL al.
its legal pomp end circumstance. ih" ca" 'ea7
Lowe aod kyme V. Another, IN tic year l}!F;
aud it arose Oh a writ OF right TO WHICH lEc &c
fendant (the teuant) pleaded the general sSu'
and chose the wager Of battle as the II DIE Ct
trial to prove his right 10 The property Of "htt''
lie was in possession. The o!t3r wa, Hcc'U'r0i
and the defendant following the anclent form,
produced bis champion, who throw dOwn g.
glove as a gage Or pledge to the champion {
the plaintiff thus waging or atIpuiating bat
tie with him. The latter accepted the cha!.
lcnge by taking up the glove.
10 due course the day was named Tor light.
ing the duel, which was appointed to take
place ia To,hiIl Fields, Westminster, n't
without consulting tho authorities, ho*tVtr
Tor the custom had falIon ioto desu2Iu!rl, rG
I, al h,,i bnoo bnl1 rhnp t,r .Sr
hundred and fifty years, and with all Il IL
| forms strictly adhered 10. a piece ct pTnund
| was then set cut sixty feet ~ larc, ur!"s.d
with lists, and on Oue side curt was cr:cir4
| for the Judges Of the Court Of Common Pleas,
and bar was prepared fer the learned SCI
gcants at law Oo the day appointed, at sun
| rise, three OF the judges (Chiot Justice Dyer
and Justices Weston and llarper,) 10 TIER
scarlet robes, attended by the officers and oiii
ciaIs OF the Court of Common Pleas and the
| sergeants at law opened the court and the pro
oeediugs iu TothiIl Fields. 1t is SAID that
there we're above four thousand peisors ire
sent.
Two knigbts at arms olllcia!ed as masters O.
ceremonies; and by one Of them tho dtieud
ants champion was introduced loto the lists;
According 10 the form required. he was dfe''rd
10 O coat OF armor, with red sandals; he was
bsreepged from tho knec downward bare
headed and with barc arms to the ci9JW>;
having as his weapon baton or saVa o. A'
ell long, and four corGcred leather tarsrl.
Proclamation was made, and the plain III :
champion was called upoo. But the as''m
blagc was doomed TO disappolnimcnt, l'r II"
did not appear; altering his mind, p:IhapA, 4,
the last momcut Whcrcupon the nInnt ii
was called three limes aud not an:W nag, 'he
defendants counsel moved the court then AM
there for judgment OF noosult; which W."
granted. The chief justice then tXhor'td m
people to dsperso pcbc ,ably and quietly: Il"
adjourned the court, and the display WAS a. al
end. The defendant had b'ood!cs, victory.
But the unperformed part Of the cr'omony'
which must have been carried out hal tho II 'ln'
tirs champion appeared, would ha"o been ~
| follows, according to the auth0rlllcs:
The two champions being introduced mo lh'
lists take hold Of each others hands. AMI pr"
nounced tI tho oath alternately on tho Bible; I,r
| ths dolsndant, that the tonomenls III dI3putH
arc not IN tho right Of tho planLlilji and tor
| tho plaintiffs, tho champion swearing tn. thcF
| arc The champions then would each take !Ho
| oath separately against sorccry Thus ii'ar
| this. 70 justices That have this dizzy mother
| cat. drank nor have upon mo neither bone.
| stone nc grass, nor any onchhntm"nt, ajrcorV.
| or Witchcratt whereby tho law OF God nay D,
abasod, or the law Of lha evil ono ex"h'i'
| Tho battlo being begun. tho comb"tanl5 W"rn
| DOunQ 10 NEIlt LII LHC sLHlS HppcHi oi III ''''"'
| ing. c.,,
| If tho champion of tho tenant Che dnfnndsnn
should defend himself till thon, the tenant should
prevail in his cause, for it Was suicen. Tor h'n'
TO maintain his ground and mako its Gra"n
| battle, he being already in possession; on. -
| victory declared itself for other party, ll1R
ment WAS given for him 1hiz victory might
arise either from thedeath Ct ono OF the cham
pions, or If either of them proved rocreant tihh.
ia, yieldod) and pronounced tho horrIo!o wore
Of crAvcn q word Of "dsg:mco ana "OirHly'
rs tho old writer's have 1t.
This WAS certainly serloua thing !0i tho Taa-
ouished champion, for he was condemncl -! q
| .'recresnt" to be Infamous, and lost his rlG''@
| as freeman; being supposed by tho oVenl | ,
| be proved perjured. and thereroro i,nvoF rn'
upon jury or admitted rs O. witne+sca III any
| CAUSE
How WOMEN WOHlI AEROAD.-Ancrican'
3 nre surprised to sec women doing the largest
= part of the agricultural work 10 '1utopcsn conn
I tries ploughing, moving, ard rrGhI'DE ." We,
AZ plautipg, making hay aud ho.lhG' BOZ on'J
to the relief Of the lncn. buI 10 place 81 t"'
horse rake AID other labor SAVING lmr'cincH'!'
Mo, hoyeycr, often superin.cne q line o.
wnmpn thus at work The absent mcn arc IL
be foupd largely in the beer galdcns al well 81
in the armies Possibly it Is TO give 'hclr Wo
=, men = chance that tic coinmunistS ale ces''oy
inc labor saving machines in the western otafcs
l.l, ,lo1 1Inlrr rrII