Tuesday, January 22, 2013

Ordeal of battle

William the conqueror introduced in England the method of trial called 'ordeal of battle'The mode of trial was simple, the plaintiff and defendant in a civil suit or the prosecutor in a criminal trial fought each other.Both parties to the litigation were required to be engaged in physical combat.only women and church were permitted to appear by their champions and the champion was the precursor of the modern Advocate. It was assumed that in such physical combat God would help the party which was in the right.The party who was beaten was pronounced to be guilty and the party who won was declared innocent and to have justice on his side.The method of employing an 'Advocate' to appear in place of litigant was extended later from priests and women to other categories of litigants.   In the 13th century the most famous 'Advocate' to appear in place o litigant was Gladiator called William Graham .It is an interesting comment on eternal spirit of private enterprise that a businessman soon employed him on a good salary and then he let out for a certain fee per fight Grahams services to any litigant.Graham was the most successful 'Advocate'.when he was engaged by any party the case usually went uncontested.                                                                                This is a passage from Mr palkiwala's book,we the people. This law was repealed in England in 1819,I wonder whether any thing changed .

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