Anyone know if this method of settling a legal dispute is still legal as he claims?
Oh sure, he goes for that wuss from Swansea.
The Many Variations of Trial by Combat
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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.
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.)
Possible best post ever ping.