Introduction
In August 1817, Abraham Thornton was charged with the rape and murder of pretty and vivacious Mary Ashford. His lawyers cobbled together a shaky alibi, and the jury, not wishing to risk hanging an innocent man, acquitted him. Public outrage prompted the Home Secretary to let Mary’s brother William appeal the decision, and it was then that Thornton’s lawyers made a jaw-dropping application.
ON the 6th of November the appellant [William Ashford], attended by four counsel, appeared in court, when the proceedings were adjourned to the 17th, by the desire of the prisoner’s counsel; and on that day the prisoner demanded trial by “wager of battle.”*
The folly of thus admitting that ‘right should follow might’ was particularly obvious in this case, for whilst the appellee was an athletic man of great muscular power, the appellant was of a delicate frame, and quite unequal to a personal combat with such an antagonist.
The revival of this obsolete law gave rise to much argument on both sides, and it was not until the 16th of April, 1818, that the decision of the Court was given upon the question. The learned judges gave their opinions seriatim* and the substance of the judgment was that the law must be administered as it stood, and that therefore the prisoner was entitled to claim trial by battle; but the Court added that the trial should be granted only “in case the appellant should show cause why the defendant should not depart without delay.”*
* Wager of battle is another term for trial by combat. As a way of judging guilt or innocence, it had been frowned on in legal circles since at least 1190: but see The Duel of the Kings. There were elaborate rituals to be observed. “The appellee 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.” (This is the origin of the phrase, ‘throw down a gauntlet’, meaning ‘issue a challenge’.) The two parties make oaths on the Bible before belabouring one another with horn-tipped batons, from sunrise to sunset if necessary. Trial by battle was abolished at last in 1833.
* That is, in turn, one after another.
* That is, the judge would let the combat go ahead only if the appellant, William Ashford, insisted that Thornton stay and fight. William, very sensibly, let Thornton go; but the price of that was Thornton’s absolute acquittal regarding this charge and all other charges involved in it, including rape.
Précis
In 1817, Abraham Thornton was charged with the murder of Mary Ashcroft. His acquittal shocked the country, but a fresh trial was halted after Thornton astonished everyone by challenging Mary’s brother William to trial by combat. In April 1818 the courts ruled the challenge legal, but reminded William (who was not physically strong) that he could simply let Thornton go. (60 / 60 words)
In 1817, Abraham Thornton was charged with the murder of Mary Ashcroft. His acquittal shocked the country, but a fresh trial was halted after Thornton astonished everyone by challenging Mary’s brother William to trial by combat. In April 1818 the courts ruled the challenge legal, but reminded William (who was not physically strong) that he could simply let Thornton go.
Variations: 1.increase the length of this precis to exactly 65 words. 2.reduce the length of this precis to exactly 55 words. 3.introduce one of the following words into the precis: because, if, just, otherwise, since, unless, until, whether.
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