Legal Antiquities a Span Classsearchtermspan Classsearchtermcollecti

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Legal Antiquities a Span Classsearchtermspan Classsearchtermcollecti
Edward J Edward Joseph White
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632, Bracton, fol. 347. "JLeg. Hen. 59, sec. 16.
TRIAL BY BATTLE. 117 of this crime. 23 The commonest cause of battles were those urged by an "approver, " or convicted criminal, whose pardon was conditional upon his ridding the kingdom of some half dozen or more of his associates, by his "appeals. " This custom, however, began to de- cline so rapidly, that in Bracton's day the annual aver- age of battles did not exceed twenty. 24 The old books indicate that in appeals of felony, the custom was
...for the combatants to have their heads shaved, not to prevent the opponent from catching hold of the hair, but because it was an old religious custom. 25 33 1. St. Westm. C. 41.
^Bracton, fol. 152, 153; Select PI. Crown, pi. 109, 140, 190, 199.
M Neilson's "Trial by Combat, " pp. 56, 57.
In the class of civil or criminal cases where the right of trial by battle obtained, when the plaintiff offered battle, the defendant was bound to accept the offer. Having offered to defend the charge preferred against him, in legal contemplation, he volunteered to defend it with his own body, or with the body of his freeman, "when and where the court shall consider that defend he ought.


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