Note 332 — Chapter III · UNIVERSAL USE OF THE JUDICIAL COMBAT.

Thus in a case in 1220 involving a stolen mare, the accused gave a warrantor, and on the accuser challenging him to battle he gave a second warrantor. On investigation he was found to have received five marks for the service with a promise of five more, and he was mercifully treated by being condemned only to the loss of a foot—“Sciendum quod misericorditer agitur cum eo per consilium domini regis cum majorem pœnam de jure demeruisset.”—Maitland, Select Pleas of the Crown, I. 127.