Trial by Combat

Ashford v Thornton (1818) 106 ER 149 is an English criminal case in the Court of King's Bench which upheld the right of the defendant to trial by battle on a private appeal from an acquittal for murder.. In 1817, Abraham Thornton was charged with the murder of Mary Ashford. Thornton had met Ashford at a dance and had walked with her from the event. Next morning, she was found drowned in a local pit, although there was little evidence of her having died a violent death. Charged with rape and murder, public opinion would have condemned Thornton, but the jury could not see any evidence to convict him and he was acquitted.

But that was not the end of the story, for William Ashford, Mary's brother, launched an appeal and when Thornton was rearrested, he claimed the right to trial by battle or combat. This medieval solution was still on the stature books and therefore quite legal. Back to court they went, with Ashford claiming the evidence against Thornton was overwhelming. The court disagreed and trial by battle was Ashford's sole remaining option. Ashford did not take up the option and Thornton was released. In 1819 appeals of this nature were abolished by the state, but too late for Thornton's reputation and he had already departed for a new life in the United States of America.

The last recorded trial by battle to come to a conclusion dates from 1597. In Scotland Adam Butterfield accused James Carmichael of murder and exacted revenge by killing the latter. Other cases in 1631 and 1638 were stopped by the king's intervention.

Attempts to abolish the law came in the 17th century and twice in the 18th century, all proving unsuccessful. Of course, in 1819 it did disappear from the statute books, but that did not prevent the law being cited in 2002. Unemployed 60-year-old mechanic Leon Humphreys appeared in Ipswich court, charged with failing to tell the DVLA his motorcycle was off road and thus liable to pay the Road Fund Licence. The DVLA were attempting to fine him £25. But the man from Bury St Edmunds did not agree. Indeed, he told the court he would not enter a plea but demanded the DVLA nominate a champion whom he would fight to the death to prove his innocence. He also claimed the new Human Rights laws meant ordinary folk like him could use the law for their own purposes. Traditionally these battles were fought with swords, lances, shields, staves, and the like - but Mr Humphreys was happy to wield Japanese samurai swords, Ghurka knives, or even a blacksmith's hammer.

Mr Humphreys was forced to pay the fine.

Bloody History of Lichfield

In the 17th century corporation officials claimed the seal represented the corpses of three armies of Christian kings, defeated here by Diocletian, this was repeated in the 19th century. The three kings said to have been Bor, Ro, and Cop – this held to be the origin of Borrowcop Lane.

Back in the 7th century – for many years the ‘grey battle field’ explanation of the place name of Lichfield was given. This is said to come from a 7th century battle, Caer Lwydgoed stated the Welsh of Powys capturing 1,500 cattle, 80 horses, and five bondsmen. Later the place name was said to come from Middle English lic ‘corpse’ was the basis and thus ‘field of corpses’ and said to be the 7th century battle or, through pure conjecture by Matthew Paris of St Albans Abbey in 1259, that some 999 Christians were martyred here by the order of the Roman emperor Diocletian (284-305). The story was compounded in 1549, when the new city corporation decided to use the image on its seal and featured for over a century.

An interesting story but that's all it is, a story. It has absolutely no basis in fact.

Peru Place Names Explained

Having blogged samples of my books on English place names and also examined the etymologies of the nations of the world and their respective capitals I thought it time I cast my net a little wider. As English place names share some links to other tongues it would be interesting to see if any of the elements contributing to our place names could be found elsewhere. Continuing an alphabetical tour of the world and a look at the largest Peru's cities.

Lima had been known as Limaq which, in the Quecha tongue then spoken in this area, meant 'the talker' or perhaps 'the speaker'. This referred to a famous oracle destroyed by the Spanish but not forgotten by the locals. There is little weight given to the idea the name comes from the Spanish for 'lime'. The same is true of the Lima River, not named for being 'the talking river' but an example of back-formation from the place name.

Arequipa has long been said to come from a conversation between the Inca leader Mayta Capac and the people. The latter wished to remain in the valley they had just reached and were told Ari qhipay or 'yes, stay'. Alternatively the story speaks of the Europeans arrival and, when they asked for the name of the country around there, were misunderstood and thought to be asking for permission to sit, with the same answer. A third possibility is the Aymara phrase qhipaya ari or 'behind the peak' and referring to the nearby volcano.

Chiclayo has several explanations, most often a local man who once transported plaster between nearby cities'. Another idea gives this as from the Mochican language meaning 'green that hangs', a reference to the fruit that frows here. Or we also find the Moche language, where the word cheqta refers to 'the property of'.

Piura is from the Quechuan word pirhua meaning 'abundance' - presumably referring to the vegetation.

Iquitos is a city named by the Spanish, it is also their name for the indigenous people.

Juliaca takes its name from the Quechua words xullaskca kaipi meaning 'it had drizzled' and a reference to when Inca troops arrived here, how they had noticed the weather. Perhaps a little more credible is shulla qaqa or 'roquedal dew' and a description of the small pieces of quartz in the hills which, it may be suggested, resemble early morning dew.

Cajamarca is known as kasha marka in the Quechua language and describes 'the town of thorns'.

Pucallpa or puka allpa in Quechua describes the soil as it means 'red dirt'.

Ayacucho comes from Quechua aya kuchu or 'death corner' to remember the casualties of the battle fought here in 1825.

Chincha comes from the Quechua word chincay or 'ocelot' as these people worshipped a deity in the form of an ocelot.

Huaraz is another from the local Quechua language, where waraq means 'dawn'.

Tumbes is named after the people who lived here prior to the Inca rule, the Tumpis's settlement had a population of around 175,000.

Huaral either comes from the leader here in the 16th century, one Martin Guaral Paico, or from the Aymara word of unknown meaning.

Andahuaylas is from that Quechua language again, here anta waylla describes the 'copper meadow'.

Abancay is a corruption of the Quechua amankay or 'lily'.

Note the spellings of the places are English as the piece is written in English.

Myanmar Place Names Explained

Having blogged samples of my books on English place names and also examined the etymologies of the nations of the world and their respective capitals I thought it time I cast my net a little wider. As English place names share some links to other tongues it would be interesting to see if any of the elements contributing to our place names could be found elsewhere. Continuing an alphabetical tour of the world and a look at the largest of Myanmar's cities.

Yangon is a combination of the Burmese words yan and koun meaning 'enemies' and 'run out of', most often translated as 'end of strife'. Note during the colonial period the name of Rangoon is simply an Anglicised version of the local pronunciation.

Mandalay was originally the name of the nearby hill. Three rather different explanations have been offered for this place name. One suggests it comes from an unknown Pali word, which is not much help. At least the others have a common theme in topography, at least loosely. Perhaps this is mandala, a reference to 'circular plains', or even a name of Mandara, this a mountain mentioned in Hindu mythology.

Naypyidaw is the Burmese for 'the abode of the king' and generally accepted as 'capital'.

Taunggyi is 'huge mountain' in Burmese, a ridge with a high point named Taung-chun 'the spur'.

Mawlamyine is from Moulmein 'damaged eye' or perhaps 'one-eyed man'. This name is born of a legend, one where a Mon king had a third eye in the centre of his forehead, through this he could see events in neighbouring kingdoms. Unhappy with this advantage, one neighbouring ruler gave his daughter in marriage and she managed to destroy the all-seeing third eye.

Myitkyina is Burmese for 'near the big river'. Said river is indeed big, for the Ayeyarwady (most often seen as Irrawaddy) and is from Pali for the name of the elephant mount of Sakka, the ruler of Trayastrimsa Heaven.

Pathein is thought to come from an Old Mon name meaning 'river' or 'sea', perhaps even 'big sea'.

Pyay is Burmese for 'country', but refers to the ruins of the city some five miles away known as Sri Kstera from the Sanskrit for 'blessed place, country'.

Meiktila comes from Mithila, the name of an ancient Indian kingdom.

Taungoo is Ketumadi and translates to 'possessed of the royal standard'.

Sittwe comes from the Burmese Saite-Twey and trranslates as 'the place where the war meets'. This is a reference to when the Burmese King Bodawpaya, whose forces invaded the Mrauk U Kingdom in 1794 and fought a successful battle on land and water.

Sagaing was Zeyapura which translates as 'city of victory'.

Dawei comes from the Mon language and means 'to sit cross-legged' and a reference to Buddha's posture on the throne.

Bhamo is from the Shan language and means 'village of the potters'.

Note the spellings of the places are English as the piece is written in English.

Moldova Place Names Explained

Having blogged samples of my books on English place names and also examined the etymologies of the nations of the world and their respective capitals I thought it time I cast my net a little wider. As English place names share some links to other tongues it would be interesting to see if any of the elements contributing to our place names could be found elsewhere. Continuing an alphabetical tour of the world and a look at the largest Moldovan cities.

Chisinau, also known as Kishinev, is of uncertain origin but most often said to be from an early Romanian chisla 'spring, water source' and noua 'new'. This suggests a settlement built around a water source, a comon enough beginning. Another source suggests the name came from the west and has some Hungarian influence, for in Hungarian the name is Kisjeno or 'small Jeno', this the name of one of the seven tribes who migrated east into Romania. The main support for this second theory is down to the sheer number of places named aftyer this tribe.

Balti is the plural of the Romanian balta meaning 'puddle'. This is understood as a reference to the city's location on a hill overlooking the wetlands.

Tiraspol is from two ancient Greek words: Tyras is the anient name for the Dneister River, and polis 'a city state'. The river names Tyras and Dneister mean 'rapid' and 'the close river' respectively.

Ribnita was founded in 1628 as Rybnytsia, a name describing its earliest purpose as a 'fishery'.

Cahul was renamed after the Battle of Kagul fought nearby in August 1770 and named after the Kagul River. Earlier names for the city include Frumoasa and Scheia, both of Romanian origin and meaning 'beautiful' and 'Bulgarian', respectively.

Orhei takes its name from the medieval city of Old Orhei some ten miles downriver. It is thought the name comes from the Hungarian orhely 'lookout post', a reminder of the 13th century Hungarian defences erected here.

Dubasari is a plural form of the archaic Romanian dubasar 'boatman'.

Straseni is from the Romanian strasnic, this meaning either 'scary' or 'terrible' and thought to refer to the fearsome forest which once covered this region.

Drochia takes its name from a bird known locally as the dropie and in English as the great bustard.

Calarasi translates as 'horsemen' and recalls a legend telling of how Stephen III of Moldavia fought the Ottomans and ordered his horsemen to line up and defend the city. They did so and, although every single one died in the process, gave the advantage enabling them to be victorious.

Floresti is derived from the Romanian word floare or 'flower'.

Cimislia has no known origins although the first written account comes from 1620 when Vladimir Nico explained this as meaning 'wealth'. There is no known word meaning 'wealth' but this may come from cimis, a name given to workers and bricklayers and used by Romanians and Tatar.

Slobozia comes from the Romanian slobozie meaning 'tax free place'.

Note the spellings of the places are English as the piece is written in English.