The Newgate Calendar Comprising Interesting Memoirs of the Most Notorious Char

Cover The Newgate Calendar Comprising Interesting Memoirs of the Most Notorious Char
The Newgate Calendar Comprising Interesting Memoirs of the Most Notorious Char
Andrew Knapp
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There are cases where the appellant may counterplead, and oust the appellee from his trial by battle : these are vehement presumption or sufficient proof that the appeal is true : or where the appellant is under fourteen, or above sixty years of age, or is a woman or a priest, or a peer, or, lastly, a citizen of London, because the peaceful habits of the citizens were supposed to unlit them for battle.
228 KNAPP & BALDWIN'S NEWGATE CALENDAR.
thus admitting that ' right should follow might' was
...particularly ob- vious in this case, for whilst the appellee was an athletic man of great muscular power, the appellant was of a delicate frame, and quite un- equal to a personal combat with such an antagonist.
The revival of this obsolete law gave rise to repeated arguments of counsel on both sides, which were adjourned from time to time till the 16th April, 1818, when the judges delivered thtir opinions seriatim, the substance of which was, that sit- ting there to administer the law, not as they wished it to be, but as they found it, they considered the defendant entitled to claim trial by wager of battle, and the decision ot the Court was, * That there be trial by battle unless the appellant show reason why the defendant should not depart without day.


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