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30; Fitz. Avow. 151, per Schardelow, J. •FitK. Cor. 367 (3 td. HI.). • Y. B. 44 Ed. III. f. 44, pi. 57; FitB. Cor. 95. But see Y. B. 7 Hen. IV. f. 31, pi. 16, Fitz. Cor. 21; and compare Y. B. 4 Ed. IV. f. 11, pL 16, Fitz. Cor. 26. Digitized by Google 422 ril. TORTS be taken killed himself,^ or took refuge in a church and ab- jured the reahn,* or died in prison.* FinaUy, since the rule which denied the right of defence by wager of battle to one taken with the ^^ mainour " seem» not to have been ...established before the fourteenth century,* the appellor was exposed to the risk of defeat and consequent loss of his chattels by reason of the greater physical skill and endurance of the appellee. There was the danger, also, that an appellee of inferior physical ability might fraudulently vouch as a warrantor an expert fighter, who, as a paid champion, would take the place of the original appellee. To avoid the duel with this champion, the appellor must establish by his secta or by an inquest that the ostensible warrantor was a hired champion.
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