There was also a revival at Rome.
There now only remains the judicial duel to be described, an institution which had much affinity with the tournament, and which, indeed, formed an integral part of it, both in sentiment and fact. This important branch of the subject is dealt with at some length in the next chapter.
[CHAPTER VIII]
TRIAL BY COMBAT, ITS SCOPE AND HISTORY
Curiously interlinked with the procedure of the law courts, forming, indeed, an integral part of the law of the land, was the judicial duel; an institution applying to both civil and criminal jurisdiction.
It was allowed in certain cases, such as on a civil writ of right for the recovery of land, and in criminal charges of treason or felony on an appellant making a sworn declaration before a judge. This law, though falling greatly into disuse after the reign of Queen Elizabeth, remained on the statute book until early in the nineteenth century.
Among the Ashmolean, Harleian and Cottonian MSS. are many tracts, treatises and other documents relating to the laws and manner of conducting judicial duels, with other matter concerning these combats; and abstracts from the MSS. are given in Appendices [E], [F], and [G], respectively.
The custom of trial by combat or legal duel, the ordeal of battle, was introduced into England by the Normans.[244] As far as can be ascertained it was unknown to the Anglo-Saxons, though the ordeal of hot water appears in one of Ine’s laws;[245] and, indeed, trial by ordeal appears repeatedly among the laws of the Anglo-Saxon kings. The principle involved was the same in both cases, viz. that the Almighty would not remain indifferent when solemnly invoked, but would intervene miraculously so that the ends of justice might be furthered. The simple faith of the times would act as a deterrent to appeals to the judgment of God and would thus tend to limit the number of cases. The consciousness of innocence or guilt would also contribute towards the vindication of the cause of justice in actual combat.