526 | 
So 
and names fureties in his action [Sz lz 
plainte avoct et nomet garenties en fa de- 
mande], and the defendant defends himfelf 
againit the plaintiff and his fureties in the 
action ; then the plaintiff fhall fay openly 
in court, ‘I am ready to maintain by 
battle that what I demand isjuftand right, 
and here,is my pledge.”” Thereupon he 
fhall deliver’ to the judge of the court [ex — 
da mayn dau feignor de la cort) his pledge, 
a hood, glove, or other thing; [fox gage, 
chaperon, ou ganz, ou ov autres choxes.j 
Then the defendant fhall fay, ‘‘I defend 
myfelfagainft the plaintiff and his fureties, 
and here 1s my pledge.” 
<« Hereupon there fhall be levied of the 
goods of the defendant, as much as fhall 
pay all his debts. [totes fes deptes.1  Af- 
ter which the plaintiff thall’ take of the 
defendant’s effects a moicty, with which 
he. fhall provide two champions ; [£¢ apres 
aura la plainte fa meile dau remaignant 
daus moubles de fon averfaire et querra a 
fea propre coft dous champions.\ (But it 
is to be underftood that the defendant may 
find his own champion, in which cafe there 
is-to be no levy made on his goods.) 
[Mas fachez que ceu eft en eleétion et ex 
‘ chois de laverfaire de bailler a la plainte 
la meite de fes moebles ou de querre fon 
champion.) If two champions be pro- 
vided by the plaintiff; the defendant fhall 
make his choice of one according to his 
liking, which champion is ‘to fight in his 
caufe. The party whofe champion is 
overcome is to. pay fixty fhillings to the 
King, and one penny for the ground, ~ 
‘© Trial of battle in real and perfonal 
actions [por heritages, por deptes et par. 
autres itaus chozes\ is- always made by 
champions, never by the parties them- 
felves, {cors a cors}] (body tobody) unlefs 
otherwife agreed by plaintiff and defen- 
dant. 
£6 But in cafes of treafon [traifon], mur- 
der [murire], thete [lerroncin], torgery 
or coining falfe mores, or ufing falfe mea, 
fures or weights, [ faufete fanfonerie ejt 
efoleiter fauffe monoye, ou faffes mefures, ou 
faire.vers quire fauffete por luy decevre de 
fon tors ou de fa chaze.\.or the like high 
“érimes, the battle is perfonal, body to 
bady, and never to be made by champions. 
tBataille ne fe fait par champions amz fe 
Fait cers a.cors.| Ska ake es 
~ s¢ "The defendant has the advantage of, 
chufing bis weapons or manner of fights 
ing, and the judges of the court are ‘to 
name, the day and hour, fZi apelez ba’ 
tont dawentage quit deviet la forme de la 
batgille G li fres dé la cttt afigue le jor 
- 
c 
From.the Port-Folio-of a Man of Letterse 
[ Jan. 1, 
lou terme.\ If the defendant refufe to de- 
fend himfelf at the time appointed for the 
battle, he is to be adjudged guilty. be 
‘¢ Before the combat begins, the par- 
ties are to make oath before the judge 
upon the Holy Evangelifts.. The plaintiff 
is firtt to {wear in thefe words, ‘* So help 
me God and the Holy Gofpels, as I now 
make juft appeal [letau appeau] againt 
him,’’ naming the defendant. And then 
the defendant maketh oath, and fays, 
‘* So help me God and'the-Holy Gofpels, 
as I make a jult defence [/oyau deffenfe] 
in that which I defend againft him,’ nam- 
ing the plaintiff.. After this they are to 
enter the field of battle and engage each 
other ;—the plaintiffas making the appeal 
is to attack the defendant firft; and der- 
ing the combat no perfon whatever prefent 
is to interfere betwixt the combatants, by 
fpeech’ or aftion, without. permiffion of - 
the judge, under the penalty of fine or cor- 
poral punifhmentat the mercy of the judge. 
‘* And if either of the combatants’ refufe 
to fight, by yielding to his’antagonift, or 
fiying from’ out the lifts, he fhall be ad- 
judged *-conviéted, or as failing in the 
proof of his appeal. [Ef repris con= 
vaincuZ.. | ahit’: 
‘‘When the battle is carried on by 
champions, and~ plaintiff and defendant, 
being come into the field, fhallagree upon 
the ground of complaint, before the cham- 
pions begin to fight, the champions, fhall 
make a dilplay of their {kill for the diver- 
fion of the people prefent.- [$2 la bataille 
eft de champions et aloure quil. firant en 
champ, bom en fait paix avant quil fe com- 
battent, li champion ‘deyvent moftrer les 
coups lo Roy, ceft a dire quil deivent au. 
mayne mofirer treys de lor efcremzes (to 
fkirmifh thrée.time, or make> three fkir- 
mifhes) por la gent folacer.] — 
The GEOGRAPHY of PYTHEAS. 
- The following paffage is found in an 
ancient geographer, Pytheas of Marteilles 
—‘* In the proximity of Great Britain, on 
the north fide, diftant about fix days” fail, 
there appears neither land, nor water, nor 
air ; but thefe three elements confounded, 
form a fubttance which cements in .its 
compofition all the parts of the world. 
Neither veffels, nor‘ perfons’ on foot, can 
Break through this impenetrable obftacle.’” 
This paflage has betn treated as a ridicu- 
fous‘ fable by the Abbe de Longchamp, - 
and other learned ‘men, particularly b 
the Benédi@tine Monks who publifhed the 
Literary Hifloty of France. The fabftance, 
“Rotwever; alluded to ‘in the above paflase 
SAS AZ is 
