"
[5] Stow's "Annals."
[6] Holinshed's "Chronicle," vol. iii. p. 765, edit. 1808.
[7] "Collectanea," vol i. p. 70.
[8] Tanner.
S.I.B.
* * * * *
ANCIENT OATHS.
(_To the Editor of the Mirror_.)
It will be recollected, that in a former volume I gave you the form of
the oath taken by the appellee in the ancient manner of trial by battle.
The appellee, when appealed of felony, pleads _not guilty_ and throws
down his glove, and declares he will defend the same by his body; the
appellant takes up the glove, and replies that he is ready to make good
the appeal body for body; and thereupon the appellee, taking the book in
his right hand, makes oath as before mentioned. To which the appellant
replies, holding the Bible and his antagonist's hand in the same manner
as the other, "Hear this, O man, whom I hold by the hand, who callest
thyself _Thomas_ by the name of baptism, that thou art perjured; and
therefore perjured, because that thou feloniously didst murder my
father, _William_ by name. So help me God and the Saints, and this I
will prove against thee by my body, as this court shall award." And then
the combat proceeds.
There is a striking resemblance between this process and that of the
court of _Arcopagus,_ at Athens, for murder, where the prisoner and
prosecutor were both sworn in the most solemn manner--the prosecutor,
that he was related to the deceased, (for none but near relations were
permitted to prosecute in that court,) and that the prisoner was the
cause of his death; the prisoner, that he was innocent of the charge
against him.
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