Battel

Trial by combat. It was called also "wager of battel" or "battaile,'' and could be claimed in appeals of felony. It was of frequent use in affairs of chivalry and honor, and in civil cases upon certain issues. Co. Litt. § 294. It was not abolished in England till the enactment of St. 59 Geo. III. c. 46. See 1 Barn. & Aid.. 405; 3 Sharswood, Bl. Comm. 339; 4 Sharswood, Bl. Comm. 347. See "Appeal." This mode of trial was not peculiar to England. The emperor Otho, A. D. 983, held a diet at Verona, at which several to put a stop to the frequent perjuries in judicial trials, this diet substituted in all cases, even in those which followed the course of the Roman law, proof by combat for proof by oath. Henrion de Pansey, Auth. Judic. Introd. c. 3. And for a detailed account of this mode of trial, see Herbert, Inns of Court, 119-1145.

See Wageb of Battel.

battail.

In old English law. Duel, or single combat. A species of trial by combat, introduced into England by William the Conqueror, in which a person accused of felony was allowed to flght with his accuser, under the apprehension that heaven would give the victory to the innocent or injured party. It was also used as a mode of trial of issues joined on writs of right, in which the parties fought by champions. It was abolished by statute 59 Geo. HI., c. 46.

Trial by combat; wager of 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.

Bataile,/r. Combat; duel. ^Vager of battel: a method of trial by personal conflict which prevailed in the courts of chivalry; on appeals and approvements for felony; and on writs of right, in which last case the parties might fight by champions. If the appellee was vanquished, he was hanged; if he killed the appellant or maintained the fight from sunrise to star-rise he the word craven (to beg) he lost his liberam legem and became infamous; and the appellee recovered damages and was forever quit.

Battail. [Fr. bataille; L. Lat. duellum, batalium.Ji In old English law. Duel, or single combat. A species of trial or judicial combat, introduced into England, among other Norman customs, by William the Conqueror, in which a person accused of felony was allowed to fight with his accuser, under the apprehension that heaven would give the victory to the innocent or injured party. 3 Bl. Com. 337, Id. 346. It was also used as a mode of trial of issues joined on writs of right, in which the parties fought by champions. 3 Id. 337. It was abohshed by statute 59 Geo. III. c. 46. 3 Steph. Com. 582, note. 4 Id. 413. See further on this head, 3 Bl. Com. 337. Glanv. lib. 2, c. 3, 4, 5. Bract. lib. 3, tr. 2, c. 21, fol. 140, 141 b. Britt. c. 22. Dyer, 301. Termes de la ley.

in French Bataille; ‘Old English law.. An ancient and barbarous mode of trial, by single combat, called wager of battel, where, in appeals of felony, the appellee might fight with the appellant to prove his innocence. It was also used in affairs of chivalry or honour, and upon civil cases upon certain issues. Co. Litt. 294. “Till lately it disgraced the English code..