trial by battle

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trial by battle:

see ordealordeal,
ancient legal custom whereby an accused person was required to perform a test, the outcome of which decided the person's guilt or innocence. By an ordeal, appeal was made to divine authority to decide the guilt or innocence of one accused of a crime or to choose between
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Trial by Battle


a method of settling disputes by means of armed combat, used in the medieval judicial process. Trial by battle was regulated under lex Burgundionum, the Ripuarian code, and the Saxon Mirror. It was described in detail in Beau-manoir’s The Customs of Beauvaisis and was part of the Polish Law and the Bohemian legal code of the 14th century. In Russian legal sources of the 13th to 16th centuries, it is referred to as pole, “the field.”

Trial by battle usually involved two disputing parties, a disputant and a witness whose testimony the former considered false, or a disputant and a judge whose sentence the disputant considered unjust. Class differences determined the choice of weapon: noblemen fought with swords, while commoners fought with clubs. The first combatant to drop his weapon or shed blood was considered the loser of the trial. The first restrictions on trial by battle were introduced in England in the 12th century, but vestiges of the practice survived in Europe until the 17th century.

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Here, Eneas is reacting to perhaps the deepest breach of legality yet committed in the work: one of Turnus's vassals, fearing that his leader will lose in the trial by combat, an outcome he blasphemously calls an "vnrecht vrtail" [unjust verdict/decision] (11776), interrupts it by killing one of Eneas's men.
[it] see[s] them" [Henry V 1.0.26].) Formal adherence to the established traditions of the trial by combat is also seen in the disputants' raising of the issue of their respective degrees of nobility.
Trial by combat is not mentioned in the Rus' Law, but dueling was practiced in Rus' at least by 1227, when the metropolitan together with the bishops of Novgorod, Pereiaslavl', and Polotsk condemned the practice.
Whether it's ship to ship fighting; raiding a Cornish king's fortress; or trial by combat, the action is superb as Uhtred builds his reputation and gathers treasures - and the odd woman - on the way.
Similarly the trial by combat between Edgar and Edmund turned into a street brawl.
The May article "Trial by Combat: Delivering Technology To Troops Requires Learning 'In Real Time" states that the funding for the Army's digital forensic project is $1.5 million.
Even as French treatises began to supersede Italian models in the seventeenth century, writers increasingly presented dueling as a native institution, connected to trial by combat, which they inaccurately identified with ancient Saxon culture, and thus essential to the self-image of the upright British gentleman.
You have not responded to my challenge to Trial by Combat within the fourteen days stipulated in my letter to you dated 5/10/2002.
Hubert must engage in a trial by combat to save Edmund's life.
The staged duel is an ideal form for embodying concepts of royal power, for it presents the intersection of language and violence, the moment when statecraft can no longer be contained in speech.(2) Staging the trial by combat (also known as the judicial duel) emphasizes its underlying rationale as a stylized performance of justice.
It's been a long road from trial by combat to trial by jury.
IN EARLY MEDIEVAL EUROPE, IT WAS CUSTOMARY TO SETTLE legal disputes with trial by combat. As might be expected, the outcome depended less on guilt or innocence than on the ability of the rival parties to use force and amass allies.