ss and champion suffered an ignominious death. In many
cases it was the option of the judge to award or to refuse the combat;
but two are specified in which it was the inevitable result of the
challenge: if a faithful vassal gave the lie to his compeer, who
unjustly claimed any portion of their lord's demesnes; or if an
unsuccessful suitor presumed to impeach the judgment and veracity of
the court. He might impeach them, but the terms were severe and
perilous: on the same day he successively fought _all_ the members of
the tribunal, even those who had been absent; a single defeat was
followed by death and infamy; and where none could hope for victory it
is highly probable that none would adventure the trial."
Second only in importance to the "Assises de Jerusalem" are the "Grand
Coutumier de Normandie" and Beaumanoir's "Coutumes de Beauvoisis." As
regards England, the forms of procedure are narrated by Bracton and
Britton; and Selden in his treatise "De Duellis" cites a number of
cases, both civil and criminal, in which resort was had to trial by
battle.
When an appellor offered to do battle in person, it was his duty to say:
"Sir, A complains to you of B, who is there, that he has assassinated C;
and if he deny it A is ready to prove it with his person against the
person of B, and to slay him or make him confess in the space of an
hour, and here is his pledge." If he offered to do battle by a champion,
the formula was: "Sir, A complains to you of B, that he has assassinated
C; and if he deny it A is ready to prove it if he shall not bring his
champion on the day; and to slay, etc., and see here his pledge." The
defendant replied in the following terms: "Sir, B denies and contradicts
the assassination imputed to him by A, and is ready to defend with his
person against A's person; and see here his pledge."
The combatants were to be armed according to their quality; and the arms
and armour of knights, who should do battle in a case of homicide or
assassination, are duly set forth. They had to fight on foot; their
lances were to be of equal length, and their shields half-a-foot higher
than their persons, and pierced with two openings through which they
could see their adversary. The arms had to be shown to the Court, and
each champion was obliged to make oath on the Gospels that he had upon
him neither writing, charm, nor any other arms than those shown to the
Court. The combatants were then placed and fought. Near at
|