Battel

' Trial by combat or duel. Also called wager of battel, battle, battaile. In the nature of an appeal to Providence, under an apprehension and hope that' Heaven would give the victory to him who had the right. Introduced by the Conquerer; and used in the courtmartial, or court of chivalry and honor, in appeals of felony, and in writs of right — the last and most solemn decision of real property.^ Recognized as the law of the laud as late as 1818, in the case of Ashford v. Thornton.^ Abolished by ' See (Jleason v. Commissioners, 30 Kan. 493 (1883). ' Stowers v. Hollis, 83 Ky. 549 (1886). »1 Bl. Com. 469; 8 id. 247-49; Gaines v. Hennen, 24 How. 553,592 (1860); Gaines •«. New Orleans, 6 Wall. 618 (1867); Smith v.Bu Bose, Sup. Ct. Ga. (1887): 36 Alb. Law J. 344-48. ' 1 Bl. Com. 459. s Patterson v. Gaines, 6 How. 589, 598 (1848). See also 18 Cent. Law J. 262-68, 305-7 (1884), cases. « See 2 Kent, 210-14. ' L. batuere, to strike, beat. statute 59 Geo. IH (1819), c. 46.» Compare Ordeal- Wager, 1.