Free Republic
Browse · Search
News/Activism
Topics · Post Article


1 posted on 12/15/2002 5:13:38 PM PST by dighton
[ Post Reply | Private Reply | View Replies ]


To: dighton
classic
2 posted on 12/15/2002 5:15:20 PM PST by Maedhros
[ Post Reply | Private Reply | To 1 | View Replies ]

To: dighton
"Leon Humphreys remained adamant yesterday that his right to fight a champion nominated by the Driver and Vehicle Licensing Agency (DVLA) was still valid under European human rights legislation."

Anyone know if this method of settling a legal dispute is still legal as he claims?

3 posted on 12/15/2002 5:20:14 PM PST by etcetera
[ Post Reply | Private Reply | To 1 | View Replies ]

To: dighton
his offer to take on a clerk from Swansea with “samurai swords, Ghurka knives or heavy hammers”

Oh sure, he goes for that wuss from Swansea.

6 posted on 12/15/2002 5:32:09 PM PST by Trailerpark Badass
[ Post Reply | Private Reply | To 1 | View Replies ]

To: dighton
Just dug this up

The Many Variations of Trial by Combat

------------------------------------------------------------

The variations of Medieval trial by combat were enormous. For example, 13th century English law required a robber turned "kings Evidence" to pledge to convict all his accomplices before recieving his pardon. These convictions were to be obtained via trial by combat if necessary, and the accused could challenge the turncoat robber to trial by combat before that testimony was proven. The court was pledged to pay for his outfitting to do such combat by sustaining him with a stipend and equipment for battle until his freedom or death was attained. A "bill" noted from 1190 in Lincolnshire showed an expence of one thousand ducats (15s 10d) for a certain man plus fifty ducats (1s) per diem, in addition to the 300 ducats (6s) for three combats and charges for the carts and horses to bring the accused criminals from Lincoln to London for the combat.

As this was all part of the judicial process, there were many stipulations that had to be met. Each "country" or region had its own pecularities. One fairly universal requirement was the avowing that no "soceries" were employed by either combatant. In 1355 a case developed between the Bishop of Salisbury and the Earl of Salisbury, both contesting ownership of certain lands. Upon examining the combatants personages, the judges found that the champion for the Bishop had secreted many scripts and prayers into his garb. He was disqualified and the Bishop made to pay 187,500 ducats (1,500) marks for the property.

A typical pledge before combat went something like this: "This hear you Justices, that I have this day neither eaten, drunk, nor have upon me either bone, stone, ne glass, or any enchantment, socery or witchcraft where-through the power of God might be strengthened or diminished, nor the devils power increased, and that my appeal is true, so help me God and his saints, and by this book." (circa 1571)

The 13th century English could only bring about combat in "doubtful" cases where jury decisions were not possible. Cases of violence were settled by jury but cases of suspected poisoning had the choice of confession or combat.

15 posted on 12/15/2002 5:56:17 PM PST by Colorado Doug
[ Post Reply | Private Reply | To 1 | View Replies ]

To: dighton
This could get ugly. click.

1) A part of the Maryland Constitution defines the common law of Maryland as the Common Law of England as of July 4, 1776

2) In A celebrated case in England in the 1850's a litigant who was due to lose a huge case in desperation issued a challenge for trial by combat to his opponents and showed up in front of the courthouse in full armor at the appointed time. When the other side failed to show up he demanded (and got) a victory by default. A reluctant judge concluded that since it never been altered by statute, trial by combat was still a valid part of English Common Law. An emergency session of Parliment was called the next week to formally outlaw the practice once and for all.

3) Maryland however, never followed suit, so technically Trial by combat remains "on the books" of MD Common Law...

(Note to self, bring an armored suit when visiting Maryland.)

16 posted on 12/15/2002 6:07:11 PM PST by xJones
[ Post Reply | Private Reply | To 1 | View Replies ]

To: dighton
RPGs at 20 paces
20 posted on 12/15/2002 6:42:54 PM PST by joesnuffy
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Gunslingr3; FLdeputy
A court has rejected a 60-year-old man’s attempt to invoke the ancient right to trial by combat, rather than pay a £25 fine for a minor motoring offence.

Possible best post ever ping.

22 posted on 12/15/2002 7:14:37 PM PST by Jonathon Spectre
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Clemenza; rmlew; PARodrig; RaceBannon; Yehuda
Trial by combat, now there is a concept that we should resurect.
23 posted on 12/15/2002 7:27:45 PM PST by Cacique
[ Post Reply | Private Reply | To 1 | View Replies ]

To: MadIvan
How could you miss this one?
24 posted on 12/15/2002 7:30:35 PM PST by Cacique
[ Post Reply | Private Reply | To 1 | View Replies ]

To: dighton
Hold my sword alert. :)


31 posted on 12/18/2002 7:27:54 AM PST by anymouse
[ Post Reply | Private Reply | To 1 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson