Battel

English Old Law: Battel in the Past

In French, Bataille. An ancient and barbarous mode of trial, by Bingle 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 honor and upon civil cases upon certain issues. Co. Litt. 294. Till lately it disgraced the English code. This mode of trial was abolished in England (see more about this legal system) by stat. 59 Geo.,III. c. 46.

Developments

This mode of trial was not peculiar to England (see more about this legal system). The emperor Otho, A. D. 983, held a diet at Verona, at which several sovereigns and great lords of Italy, Germany (see more about this legal system) and France (see more about this legal system) were present. In order 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 Herb. Antiq. of the Inns of Court, 119-145. [1][rtbs name=”history-of-english-law”]

Resources

Notes and References

1. Partialy, this information about battel is based on the Bouvier´s Law Dictionary, 1848 edition. There is a list of terms of the Bouvier´s Law Dictionary, including battel.

See Also