The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1890-06-06
LAWS OF OTHER DAYS.
METHODS OF TRIAL WHICH WE'RE
MORE IN FAVOR THAN BY JURY.

WOh6 Nv TfNNOh lfifhN 0t SOhIs
Piaintin and Defendant Compelled to
Battle with Clubs from Dawn Till
Darkness-Modern Instances of DE emand-
ing the Combat.
At the present day, when the jury
system is receiving 50 many hard knoc.;s
from lawyer and layman alike, it is in-
teresting to turn back the pages of his
tory and read Of procedure in vogue
In early English courts, especially
when that procedure has survived to
our own Nineteenth century. OF the
trial by ordeal, wager of law and trial
by battel-the three modes Of trial then
In general use-the last attracts our ut
tention.
Trial by battel-'an unchristian as
well as u most uncertain method of
trial." as Sir William Blackstone tersely
describes twas introduced into Eng
land by tho chivalrous, battle loving
Normans. 1t was used in only three
cases-trials of writs Of right, appeals of
felony and in the court Of chivalry. In
the last two the parties appeared in per-
son, in the first by champions For the
combat level piece Of ground was set
out, sixty feet square, inclosed with lists.
On one side sat the justices of the court
of common pleas, attired in their scarlet
robes, with the learned sergeants OF the
law near by, to lend dignity to the scene.
When the court sat, which in those early
days was at sunrise Heaven save the
markD, proclamation was first made for
the parties and their champions. Then
the champions, armed with slaves an ell
long, and protected with leather armor
and leather targets, with red sandals on
their feet, and bare legs, arms and head,
were escorted into the lists by two
knights. Having sworn to the truth of
the cause, and having taken an oath
against sorcery and witchcraft, the
champions then fell upon each other,
bound to fight till the stars came out, or
till one or the other was defeated or
forced to cry "craven." If the combat
turned out to be drawn battle, the de-
mandant failed; for the tenant, having
maintained his ground. could retain DOS
session of his land.
The moothness with which Justice
usually took it's course is shown by the
account Of an important trial by battle
| in the reign of Queen Elizabeth, the last
reported trial of this nature in which the
stake was the possession Of land. At
certain day and place the champions
were summoned to appear, "at which
day and place." we read, "a list was
| made in an even and level piece of
| ground, set out square, sixty feet on each
side due east, west, north and south, and
a place or seat was made for the judges
of the bench without and above the lists,
and covered with the furniture Of the
same bench In Westminster hall. And
about the tenth hour Of the day three
justices Of the bench repaired to the
place in their robes of scarlet; and there,
public proclamation being three times
made with an Dyes the demandants
first were solemnly called and did not
come; after which the mainpernors of the
champion were called to produce the
champion of the demandants' first, who
came into the place appareled in red
sandals over armor of leather, bear leg
ged from the knee downward, and bare
headed and bare arms to the elbow, be
ing brought in by the hand of a knight
who carried red baton Of an ell long
.iPpou "i'h hoih 'no'
ing Iarge' niaoe Vi uouole ,ea'ner'
ne .wo eha,hPi1hs were 'ilel leu arouii'
sat, and all was ready for the fray. TIL,
demandants, however, did not appear
and the flow of blood was prevented
The cause went against them by default
and final judgment was given for tn
te ., ne iepolO Gonoiues. An An
on soeih p iooiainn nI, q. Lnaio 'ii''
one Gns s ons anu .i.;a a. oenois .i,oie pre- pre-
nV 49, W. sl'i2 ~ .l sa-1''. aD0,o -ot'
.,io Ii sio.t' s%uSJ ugi "a =, ~, 80 maj,
.he p "a. a. % III anu W VI. quoen' AN
IL IT a. ~ sn 80 49, ole aI,-e,l, -
s n fnG qa. eoDIiDSio tIleoN,
"1,,,;a,' 90 ~ IT.. 80 IaS - ~,
y. sllo '''' 'io- -'' -'''>' 00o-' - Va
T,ioIa ~, L,++ol l., r,,,oo1, 90 eoio,,
- - -, ,.pl 80 -
,;,,ht oo,nt 49, a., 49, go. - ~
taiar Nv, H. ,1a,.tias W., 49, soIo',,
ond tba fah+ more b;+tar as dofaat ,
tbe defendan+ or anneIIea meant daot
hv bangina
AitteS A.. 4,.;o, so, ., , s.,,.
AVnou9h 'he 'ri''i seeiiis W nave ialie
INTO 'lnnocuous desuetude" early In IL
Seventeenth century, 1t was never abo
ished by statute. So, in 1918, in IL
reign of George III, we find defendal
taking advantage of the existence of Il
oId law In that case Ashford vs Tbor
ton n and Ala 105 ar or,,aai 80 g,
.on' ~, ~ anu Tlu' 1o'' an "ppeai u 1t
ohy' the atpeiiee, we reaa' PLEADED
follows; Not guilty and am ready
defend the same by my body Al
thereupon taking his glove off, he thre
it upon the floor of the court" Lo
Ellenborourh. the chief Justice. deliy,
ed his orinion os folIows. "Tha oana,