Trial by Battel.

piece of ground, set out square, sixty feet on each side due east, west, north, and south, and a place or seat was made for the judges of the bench without and above the lists, and covered with the furniture of the same bench in Westminster Hall. And about the tenth hour of the day three justices of the bench re paired to the place in their robes of scarlet; and there, public proclamation being three times made with an ' Oyes,' the demand ants first were solemnly called and did not come. After which the mainpernors of the champion were called to produce the cham pion of the demandants' first, who came into the place apparelled in red sandals over ar mor of leather, barelegged from the knee downward, and bareheaded, and bare arms to the elbow, being brought in by the hand of a knight who carried a red baton of an ell long, tipped with horn, and a yeoman carry ing at target made of double leather." The two champions were then led around the lists to the place where the justices sat, and all was ready for the fray. The demandants, however, did not appear, and the flow of blood was prevented. The cause went against them by default, and final judgment was given for the tenant. The report concludes : "And then solemn proclamation was made that the cham pions and all others there present' (who were by estimation above four thousand), should depart, every man in the peace of God and of the Queen. And this they did, all crying with one accord, ' Long live the Queen! ' " — a conclusion as remarkable in one extreme as the conclusion of the earlier trial had been in the other extreme. Trials by battel in appeals of felony were very similar to those upon writs of right, except that in the former the oaths taken by the parties were more solemn and the fight more bitter, as defeat to the defendant or appellee meant death by hanging. A description of the meeting of Henry, Earl of Hereford, and the Duke of Norfolk, in the latter part of the reign of Richard II., shows the ceremonies which attended a trial by battel in the court of chivalry. Hereford. H

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the challenger (so runs the account), "first appeared on a white charger gayly capari soned, armed at all points, and holding his drawn sword. When he approached the lists the mareschal demanded his name and busi ness, to which he replied, ' I am Henry of Lancaster, Earl of Hereford, come hither ac cording to my duty against Thomas Mow bray, Duke of Norfolk, a false traitor to God and the king, the realm and me.' Then tak ing the oath that his quarrel was just and true, he desired to enter the lists, which be ing granted, he sheathed his sword, pulled down his beaver, crossed himself on the fore head, seized his lance, passed the barrier, alighted, and sat down in a chair of green velvet placed at one end of the lists. He had scarce taken his seat when the king came into the field with great pomp, at tended by the lords, the Count de St. Pol, who came from France on purpose to see that famous trial, and ten thousand men at arms to prevent tumults and disturbances. His Majesty being seated in his chair of state, the king at arms proclaimed that none but such as were appointed to marshal the field should presume to touch the lists upon pain of death. Then another herald pro claimed aloud, 'Behold here Henry of Lan caster, Earl of Hereford, who has entered the lists to perform his devoir against Thomas Mowbray, Duke of Norfolk, on pain of being counted false and recreant.' Just then the Duke of Norfolk appeared in arms, mounted upon a barbed horse, with a coat of crimson velvet, embroidered with lions of silver and mulberry-trees, and having taken his oath before constable and mareschal, entered the field, exclaiming aloud, " God defend the right.' Then alighting from his horse, he placed himself in a chair of crimson velvet opposite to his antagonist at the other end of the lists. After which the mareschal, hav ing measured their lances, delivered one to the challenger, and sent a knight with the other to the Duke of Norfolk, and proclama tion was made that they prepare for the com bat. Accordingly, mounting their horses