In 1817 a young man, charged with murdering his sweetheart in England, claimed the right to have his case decided by wager of battle: the court admitted the claim, but he whose right it was to accept the challenge refused to fight, and so the accused escaped punishment. This led to the law, which allowed trial by battle, being repealed in 1819.
Before commencing the fight, the combatants were compelled to swear that neither of them would resort to sorcery or witchcraft. If the accused were slain, the judges regarded the fatal deed as proof of his guilt. If overpowered, but not killed, he was adjudged guilty, and sentenced to be immediately executed. Women, priests, infants, men sixty years of age, or lame or blind, had it in their option to refuse wager of battle, and were entitled to demand trial by jury.
An old author says: "If two neighbours dispute respecting the boundaries of their possessions, let a piece of turf of the contested land be dug up by the judge, and brought by him into the court, and the two parties shall touch it with the points of their swords, calling on the Most High to witness their claims. After this let them combat, and let victory prove who is right and who is wrong."
Sir Walter Scott gives a good illustration of the superstition of olden times, and of trial by battle, in Ivanhoe. We are told that after Ivanhoe was wounded at the tournament, Rebecca, the Jewess, lost no time in causing the patient to be removed to her father's dwelling, and with her own hands bound up his wounds. The Jews, both male and female, possessed and practised the medical science; and the monarchs and powerful barons of the time, says the novelist, frequently, when wounded or in sickness, committed themselves as patients to the charge of an experienced person among the despised people. A general belief prevailed among Christians that the Jewish rabbins were acquainted with the occult sciences, and particularly with the cabalistical art. The rabbins did not disavow such acquaintance with supernatural arts. Rebecca's knowledge of the healing art had been acquired under an aged Jewess, the daughter of a celebrated doctor. Miriam fell a sacrifice to the fanaticism of the times, but her secrets had survived in her apt pupil. The wounded knight, as might be expected, recovered under the medical treatment of Rebecca. For this she was accused of working cures by words, sigils, and other cabalistical mysteries.
"Nay, reverend and brave knight," answered Isaac, Rebecca's father, in reply to Beaumanoir, who brought the charge against the Jewess, "but in chief measure by a balsam of marvellous virtue;" and in reply to another question, Isaac reluctantly told that Rebecca had obtained her secret from Miriam, whom the Grand Master designated a witch and enchantress, whose body had been burned at a stake, and her ashes scattered to the four winds. "The laws of England," exclaimed Beaumanoir, "permit and enjoin each judge to execute justice within his own jurisdiction. The most petty baron may arrest, try, and condemn a witch found within his own domain.... The witch shall be taken out of the land, and the wickedness thereof shall be forgiven. Prepare the castle-hall for the trial of the sorceress."
Poor Rebecca was brought before the Grand Master, charged with various crimes. "We have," said the Master, "summoned to our presence a Jewish woman, by name Rebecca, daughter of York—a woman infamous for sortileges and for witcheries; whereby she hath maddened the blood, and besotted the brain, not of a churl, but of a knight—not of a secular knight, but of one devoted to the service of the holy temple—not of a knight champion, but of a preceptor.... By means of charms and of spells, Satan had obtained dominion over the knight, perchance because he cast his eyes too lightly upon a damsel's beauty."
Witnesses being invited by the Grand Master, forward came a once bedridden man, whom the prisoner had restored to the perfect use of his limbs by a miraculous balsam. Unwillingly he testified to Rebecca curing him, giving him a pot of spicy smelling ointment, and supplying him with money to pay his expenses to his father's house, whither he wished to repair. Other witnesses deponed that Rebecca muttered to herself in an unknown tongue, that the songs she sang were peculiarly sweet, that her garments were of a strange mystic form, and that she had rings with cabalistic devices. A soldier testified that he had seen her cure a wounded man in a mysterious way. He said she made certain signs upon the wound, and repeated words he understood not. The result, he declared, was that the iron head of a cross-bow bolt disengaged itself from the wound, the bleeding was staunched, the wound closed, and the seemingly dying man was within a quarter of an hour walking upon the ramparts. Another soldier deponed that he had seen Rebecca perch herself upon a high turret, and there take the form of a white swan, under which appearance she flitted three times round the castle of Torquailstone. Again she settled on the turret, and once more assumed her womanly form. The evidence was considered more than enough to condemn the unhappy Jewess; and in a solemn tone the Grand Master demanded what she had to say against sentence of condemnation being pronounced against her. Rebecca knew the law; she maintained her innocence, claimed the privilege of trial by combat, and offered to appear by a champion.
Brian de Bois-Gilbert was appointed to do battle on behalf of himself and the order of knights to which he belonged; and the day came when the die would be cast that was to decide the fate of Rebecca. At the castle of Templestowe everything was prepared by the prosecutor for the combat, but for poor Rebecca no champion appeared. Near the lists was a pile of faggots so arranged around a stake as to leave a space for the accused to enter within the fatal circle, chained by fetters, in order to be ready for the fiery punishment. At the hour appointed for the champions to meet, the large bell of St. Michael tolled mournfully, the drawbridge fell, the gates opened, and a knight, bearing a great standard, sallied forth from the castle, preceded by six trumpeters, and followed by the knights preceptors, the Grand Master coming behind. Then came Brian de Bois-Gilbert, armed cap-à-pie, accompanied by two godfathers and many squires and pages. After these followed a guard of warders, with the trembling Jewess, stripped of all her ornaments, lest there should be among them amulets, which Satan was supposed to bestow upon his victims, to deprive them of the power of confession, even when under torture. While the Grand Master took his exalted seat, the unfortunate culprit was conducted to the black chair, near the ready prepared pile. Everything being arranged, a loud and long flourish of trumpets announced that the proceedings of the court were to begin. Brian de Bois-Gilbert stood ready for the combat, but a champion was still wanting for the appellant. Lest Jew or Pagan should charge the court with injustice, the Grand Master declared his readiness to wait till the shadows were in the west, to see if a champion would appear for the culprit. But the general belief prevailed that no one would stand up for her; and the craven knights whispered to each other, when the day was far gone, that the time had come for declaring the pledge of Rebecca forfeited. At this instant, a knight, urging his horse forward, appeared on the plain advancing towards the lists. A hundred voices exclaimed, "A champion! a champion!" Yes, it was a champion, the renowned Wilfred of Ivanhoe. "Rebecca," said he, riding up to the black chair, "dost thou accept me for thy champion?" The answer was in the affirmative. Little time was now lost; the champions confronted each other. Trumpets sounded, and the knights charged in full career. The wearied horse of Ivanhoe, and its no less exhausted rider, went down, as all had expected, before the well-aimed lance and vigorous steed of the Templar. This result all had foreseen; but although the spear of Ivanhoe did but lightly touch the shield of Bois-Gilbert, that combatant reeled in his saddle, lost his stirrups, and fell in the lists. Ivanhoe, extricating himself from his fallen horse, was soon on foot, hastening to mend his fortune by the sword; but his antagonist rose not. Wilfred, placing his foot on his opponent's breast, and the sword's point to his throat, commanded him to yield, or die on the spot. Bois-Gilbert returned no answer. The fallen knight was unhelmed. His eyes were closed—he was dead, supposed to have died a victim to the violence of his own passions. When the first moments of surprise were over, the Grand Master pronounced the maiden free and guiltless.
The conclusion of this story is touching in the extreme. Soon after this Ivanhoe and the Lady Ravena were married. On the second morning after the nuptials, Rebecca waited on the Lady of Ivanhoe, and presented her with a small silver casket containing jewels of great value; and leaving a message to her champion, who never ceased to remember her, she hastened away to other lands, to tend the sick, feed the hungry, and relieve the distressed.