of murder” against him, on which he claimed
to have the appeal decided by “wager of battle,”
and threw down a glove on the floor of the court to
make good his challenge. The claim was protested
against by the prosecutor; but Lord Ellenborough,
the Chief-justice, pronounced judgment that, “trial
by battle having been demanded, it was the legal and
constitutional mode of trial, and must be awarded.
It was the duty of the judges to pronounce the law
as it was, and not as they might wish it to be."[188]
He gave sentence accordingly; and, had the two parties
been of equal stature and strength, the Judges of
the Common Pleas might have been seen, in their robes,
presiding from sunrise till sunset over a combat to
be fought, as the law prescribed, with stout staves
and leathern shields, till one should cry “Craven,”
and yield up the field. Fortunately for them,
the alleged murderer was so superior in bodily strength
to his adversary, that the latter declined the contest.
But the public advancement of the claim for such a
mode of decision was fatal to any subsequent exercise
of it; and, in spite of the Common Council of London,
who, confiding, perhaps, in the formidable appearance
presented by some of the City Champions on Lord Mayor’s
Day, petitioned Parliament to preserve it, the next
year the Attorney-general brought in a bill to abolish
it, and the judges were no longer compelled to pronounce
an absurd sentence in obedience to an obsolete law,
framed at a time when personal prowess was a virtue
to cover a multitude of sins, and might was the only
right generally acknowledged.
The foundation, too, was laid for other reforms.
Lord Liverpool was more thoroughly versed than any
of his predecessors, except Pitt, in the soundest
principles of political economy; and in one of the
first speeches which he made in the new reign he expressed
a decided condemnation, not only of any regulations
which were designed to favor one trade or one interest
at the expense of another, but generally of the whole
system and theory of protection; and one of his last
measures made an alteration in the manner of taxing
corn imported from foreign countries, which was greatly
to the advantage of the consumer. It was known
as the “sliding-scale,” the tax on imported
corn varying with the price in the market, rising
when the price fell, and falling when it rose; the
design with which it was framed being to keep the price
to the consumer at all times as nearly equal as possible.
At first, however, it was vehemently denounced by
the bulk of the agriculturists, who were re-enforced
on this occasion by a large party from among the Whigs,
and especially by some of those connected with Ireland.
But a more suitable period for discussing the establishment
of Free-trade as the ruling principle of our financial
policy will occur hereafter.