trial by battle

(redirected from Trial by combat)
Also found in: Dictionary, Legal, Wikipedia.

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
..... Click the link for more information.
.

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.

Mentioned in ?
References in periodicals archive ?
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.
Richard's interruption of this deliberate trial by combat begins the devolution of challenges from stages in "an orderly process of law" to occasions of "[m]ayhem," to quote Jennifer Low once more ("'Those Proud Titles'" 275).
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.
I also re-issue my challenge to you to meet me in Trial by Combat on the following conditions:
He said the fact he had opted for trial by combat meant he did not have to enter a plea.
While Shakespeare may have been inspired to open Richard II with the Bolingbroke-Mowbray dispute because of the duel's popularity in his own time, we should be careful not to confuse the early modern duel of honor with the legally authorized medieval trial by combat or the single combat of military tradition.
The Cid avenges himself by defeating them in a trial by combat and then arranges the marriage of his daughters to the princes of Navarre and Aragon.
Another popular theory is that there will be a trial by combat between The Mountain (HafAaAaAeAa3/4AaAaAeA r JAaAaAeA lAaAaAeA us BjAaAaAeA rnsson) and The Hound (Ro to determine whether Cersei will live or die.
Aside from devouring massive amounts of food and throwing heavy things, Europe's Strongest Man is reportedly set to return as Gregor 'The Mountain' Clegane in Game of Thrones' sixth season, despite dying in trial by combat in season four.
The adversarial system should be rethought, because this throwback to the medieval mode of trial by combat, also called wager of battle and judicial duel, no longer can be justified in a time when the public interest and the general welfare must be served.
Draped on top is a distraught Duchess of Gloucester and on the entrance of the king an argument begins with Richard's cousin Bolingbroke accusing Thomas Mowbray of causing the Duke's death and then challenging him to trial by combat.
The first trial by combat of the new navy was against the French in the undeclared "Quasi-War" of 1797-1800, which was fought to protect American merchant shipping.