Thornton’s guilt as to constitute (as he alleged,) cause for exemption from the combat, and for condemnation of the prisoner. The court, taken by surprise, spent five months in studying on the matter. At last it decided that the fighting man had the law of England on his side, admitted his demand, and further, found that the matters alleged for exemption from combat were not sufficient. On this, poor William Ashford, who was but a boy, declined the combat by reason of his youth, and the prisoner was discharged, and walked in triumph out of court, the innocent blood still unavenged upon his hands. The old fogies of Parliament were startled at finding themselves actually permitting the practice of barbarisms abolished by the Greek emperor, Michael Palaeologus, in 1259, and by the good King Louis IX of France in 1270; and two years after wards, in 1819, the legal duel or “assize of battle” was by law abolished in England. It had been legal there for five centuries and a half, having been introduced by statute in 1261.
Before that time, the ordeals by fire and by water were the regular legal ones in England. These were known even to the Anglo Saxon law, being mentioned in the code of Ina, A. D., about 700. It appears that fire was thought the most aristocratic element, for the ordeal by fire was used for nobles, and that by water for vulgarians and serfs. The operations were as follows: When one was accused of a crime, murder for instance, he had his choice whether to be tried “by God and his country,” or “by God.” If he chose the former he went before a jury. If the latter, he underwent
