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[1] The King's High Court of Justice (Curia Regis) was divided, about 1215, into three distinct courts: (1) the Exchequer Court (so called from the chequered cloth which covered the table of the court, and which was probably made useful in counting money), which dealt with cases of finance and revenue; (2) the Court of Common Pleas, which had jurisdiction in civil suits between subject and subject; (3) the Court of King's Bench, which transacted the remaining business, both civil and criminal, and had special jurisdiction over all inferior courts and civil corporations. Later, a fourth court, that of Chancery (see S145, and note 1), over which the Lord Chancellor presided, was established as a court of appeal and equity, to deal with cases where the common law gave no relief. 148. Trial by Battle. In the administration of justice, Trial by Battle was introduced in addition to the Ordeal of the Saxons (S91). This was a duel in which each of the contestants appealed to Heaven to give him the victory, it believed that the right would vanquish. Noblemen[2] fought on horseback in full armor, with sword, lance, and battle-ax; common people fought on foot with clubs. [2] See Shakespeare's "Richard II," Act I, scenes i and iii; also Scott's "Ivanhoe," Chapter XLIII. In both cases the combat was in the presence of judges and might last from sunrise until the stars appeared. Priests and women had the privilege of being represented by champions, who fought for them. Trial by Battle was claimed and allowed by the court (though the combat did not come off) as late as 1817, in the reign of George III. This custom was finally abolished in 1819.[3] [3] Trial by Battle might be demanded in cases of chivalry or honor, in criminal actions, and in civil suits. The last were fought not by the disputants themselves but by champions. 149. Divisions of Society. The divisions of society remained after the Conquest very nearly as before, but the Saxon orders of nobility, with a few very rare exceptions, were deprived of their rank and their estates given to the Normans. It is important to notice here the marked difference between the new or Norman nobility and that of France. In England a man was considered a noble because, under William and his successors, he was a member of the Great or National Council (S80), or, in the case of an earl, because he represented the King in the government of a county or earldom.
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