THE ORDEAL OF BATTLE.
MANY a suit and many a crime were tried by the ordeal of battle, under the ancient judicial system, and until a com paratively recent date, the law books con tained decisions of points arising on these contests. A report is given by Dyeri of the manner of a preparation for one of these combats, in the time of Queen Elizabeth, and we are sure our readers will be interested in its reproduction here : — "Paramour chose the trial by battle and his champion was one George Thome; and the demandants' champion was one Henry Nailer, a master of defence. And the Court awarded the battle, and the champions were by mainprise and sworn to perform the battle at Tothill in West minster, on the Monday next after the Utas of the term, and the same day given to the parties, at which day and place 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 for the Judges of the Bench without and above the lists, and covered with the furniture of the same Bench in Westmin ster Hall, and a bar made there for the Serjeantsat-law. And about the tenth hour of the same day three Justices of the Bench, Dyer, Weston, and Harper, Welshe being absent on account of sickness, repaired to the place in their robes of Scarlet, with the appurtenances and coifs also. And there, public proclamation being three times made with an Oyes, 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 apparelled in red sandals, over-armour of leather, bare-legged from the knee downward, and bare-headed and bare arms to the elbow, being brought in by the hand of a Knight, namely Sir Jerome Bowes, who carried a red baston of an ell long tipped with horn, and a yeoman carrying a target made of double leather; and they brought in at the North side of the lists, and went about the side of the lists until the middest of the 1 Lowe and Another v. Paramour, Dyer, vol. 11 1, fol. 301, 13 Eliz. (A. D. 1570).
lists, and then came before the Justices with three solemn congies, and there was he made to stand on the South side of the place, being the right side of the Court; and after that the other champion was brought in like manner at the south side of the lists, with like congies, etc., by the hand of Sir Henry Cheney, Knight, etc., and was set at the north side of the bar; and two Serjeants being of counsel of each party in the midst between them. This done the defendant was solemnly called again, and appeared not, but made default, upon which default Barham, Serjeant for the ten ant, prayed the Court to record the nonsuit, which was done. And then Dyer, Chief Justice, recit ing the writ, count and issue, joined upon battle and the oath of the champion to perform it, and the fixing of the day and place, gave final judg ment against the demandants, and that the tenant should hold the land to him and his heirs forever, quit of the said demandants and their heirs for ever; and the demandants and their pledges, to prosecute in the Queen's mercy, etc. And then solemn proclamation was made that the cham pions and all others there present (who were by estimation about four thousand persons) should depart, every man in the peace of God and the Queen. And they did so cum magno clamore Vivat Regina." It is stated that the Queen ordered that this wager of battle should not take place, and compelled the parties to come to terms by which Paramour retained his land and Lowe received a sum of money But in or der that Paramour's title should be made secure, it was arranged that the performance of a battle should be prepared and that de fault should be duly made. After which Nailer offered to the Chief Justice to play Thorne half a dozen rounds for the diversion of the Judge and the spectators. Thorne, however, who had much power but little skill, declined, saying he came to fight and not to play. The Chief Justice then commended Nailer for his courage and broke up the Court.
