1540s depiction of a 1409 judicial combat in Augsburg (Paulus Hector Mair, Munich cod. icon. 393)

Trial by combat (also wager of battle, or judicial duel) was a method of Germanic law to settle accusations in the absence of witnesses or a confession, in which two parties in dispute fought in single combat; the winner of the fight was proclaimed to be right. In essence, it is a judicially-sanctioned duel. It remained in use throughout the European Middle Ages and gradually disappeared in the 16th century. Image File history File links Size of this preview: 797 × 599 pixelsFull resolution (1000 × 752 pixel, file size: 223 KB, MIME type: image/jpeg) Faithful reproductions of two-dimensional original works cannot attract copyright in the U.S. according to the rule in Bridgeman Art Library v. ... Image File history File links Size of this preview: 797 × 599 pixelsFull resolution (1000 × 752 pixel, file size: 223 KB, MIME type: image/jpeg) Faithful reproductions of two-dimensional original works cannot attract copyright in the U.S. according to the rule in Bridgeman Art Library v. ... page of Mscr. ... The Bayerische Staatsbibliothek (right) on Ludwigstraße, Munich The Bavarian State Library (German: Bayerische Staatsbibliothek), located in Munich, is the central library of the German state of Bavaria and one of the largest libraries in the German-speaking world. ... Customary law codes of the Germans before their contact with the Romans. ... “Fights” redirects here. ... Sanctions are usually monetary fines, levied against a party to a legal action or his attorney, for violating rules of procedure, or for abusing the judicial process. ... A duel is a formalized type of combat. ... The Middle Ages formed the middle period in a traditional schematic division of European history into three ages: the classical civilization of Antiquity, the Middle Ages, and modern times, beginning with the Renaissance. ... (15th century - 16th century - 17th century - more centuries) As a means of recording the passage of time, the 16th century was that century which lasted from 1501 to 1600. ...

Origins

Unlike trial by ordeal in general, which is known to many cultures worldwide, the trial by combat is known almost exclusively from the customs of the Germanic peoples. It was in use among the ancient Burgundians, Ripuarian Franks, Alamans, Lombards, and Swedes, but it was unknown in Roman law and does not figure in the Torah or the code of Hammurabi. Trial by ordeal is a judicial practice by which the guilt or innocence of the accused is determined by subjecting them to a painful task. ... Thor/Donar, Germanic thunder god. ... This article includes a list of works cited or a list of external links, but its sources remain unclear because it lacks in-text citations. ... The Ripuarian Franks (also spelled Riparian) were a subtribe within the Germanic Franks. ... Area settled by the Alamanni, and sites of Roman-Alamannic battles, 3rd to 6th century The Alamanni, Allemanni, or Alemanni were originally an alliance of west Germanic tribes located around the upper Main, a river that is one of the largest tributaries of the Rhine, on land that is today... The Lombards (Latin Langobardi, whence comes the alternative name Longobards found in older English texts), were a Germanic people originally from Northern Europe that entered the late Roman Empire. ... Using the term Roman law in a broader sense, one may say that Roman law is not only the legal system of ancient Rome but the law that was applied throughout most of Europe until the end of the 18th century. ... The Torah () is the most important document in Judaism, revered as the inspired word of God, traditionally said to have been revealed to Moses. ... An inscription of the Code of Hammurabi. ...

The practice is regulated in various Germanic legal codes and survived throughout the Viking Age in Scandinavia in the form of the Holmgang. Capitularies governing its use appear from the year 803 onwards (Boretius 1.117). Louis the Pious prescribed combat between witnesses of each side rather than between the accuser and the accused, and briefly allowed for the ordeal of the cross in cases involving clerics. Early Germanic laws of the early middle ages are known as leges barbarorum, we here deal with the principal examples other than Frankish, namely the (1) Leges Wisigothorum, (2) Lex Burgundionum, (3) Pactus Alamannorum and Lex Alamannorum, (4) Lex Bajuvariorum, (5) Lex Saxonum, (6) Lex Frisionum, (7) Lex Angliorum et... Viking Age is the term denoting the years from about 800 to 1066 in Scandinavian History[1][2][3]. // The Vikings have been much maligned in European history, due in large part to their violent attacks on Christians in the first centuries of their excursions out of Scandinavia. ... Egill Skallagrímsson engaging in holmgang with Berg-Önundr, painting by Johannes Flintoe Holmgång (or holmganga) was a duel practiced by Norsemen. ... A capitulary (medieval Latin capitularium) was a series of legislative or administrative acts emanating from the Frankish court of the Merovingian and Carolingian dynasties, especially that of the first emperor, Charlemagne. ... Events Nicephorus I and Charlemagne settle their imperial boundaries. ... The Monumenta Germaniae Historica (frequently abbreviated MGH in bibliographies and lists of sources) is a comprehensive series of carefully edited and published sources for the study of German history (broadly conceived) from the end of the Roman Empire to 1500. ... Louis the Pious, contemporary depiction from 826 as a miles Christi (soldier of Christ), with a poem of Rabanus Maurus overlaid. ... Trial by ordeal is a judicial practice by which the guilt or innocence of the accused is determined by subjecting them to a painful task. ...

Although earlier records mention the use of swords, Carolingian law prescribed wooden clubs and shields. The Carolingians were a dynasty of rulers that eventually controlled the Frankish realm and its successors from the 8th to the 10th century, officially taking over the kingdom from the Merovingian dynasty in 751. ...

Germany

Trial by combat were common in the Holy Roman Empire from the 11th to the 15th centuries. Otto the Great in 967 expressly sanctioned the practice of Germanic tribal law even if it did not figure in the more "imperial" Roman law. The Fourth Lateran Council of 1215 deprecated judicial duels, and Pope Honorius III in 1216 asked the Teutonic order to cease its imposition of judicial duels on their newly converted subjects in Livonia. For the following three centuries, there was latent tension between the traditional regional laws and Roman law. This article is about the medieval empire. ... Otto I at his victory over Berengar of Friuli Grave of Otto I in Magdeburg Otto I the Great (November 23, 912 - May 7, 973), son of Henry I the Fowler, king of the Germans, and Matilda of Ringelheim, was Duke of Saxony, King of the Germans and arguably the... Events Emperor Reizei ascends to the throne of Japan The Khazar capital of Atil falls to the Kievan Rus around this year Births Deaths Emperor Murakami of Japan Abu al-Faraj Ali of Isfahan, scholar. ... The Fourth Council of the Lateran was summoned by Pope Innocent III with his Bull of April 19, 1213. ... A certified copy of the Magna Carta March 4 - King John of England makes an oath to the Pope as a crusader to gain the support of Innocent III. June 15 - King John of England was forced to put his seal on the Magna Carta, outlining the rights of landowning... Pope Honorius III (1148 – March 18, 1227 in Rome), born Cencio Savelli, was Pope from 1216 to 1227. ... // Prince Louis of France, the future King Louis VIII, invades England in the First Barons War Henry III becomes King of England. ... Teutonic Knights, charging into battle. ... Baltic Tribes, ca 1200 CE This article is about the region in Europe. ...

The Sachsenspiegel of 1230 still recognizes the judicial duel as an important function to establish guilt or innocence in cases of insult, injury or theft. The combatants are armed with sword and shield and may wear linen and leather clothing, but their head and feet must be bare and their hands only protected by light gloves. The accuser is to await the accused at the designated place of combat. If the accused does not appear after being summoned three times, the accuser may execute two cuts and two stabs against the wind and his matter will be treated as if he had won the fight (book I, art. 63). // Introduction The Sachsenspiegel (alt: Sassenspegel) is the most important law book and legal code of the German medieval age. ... Events Kingdom of Leon unites with the Kingdom of Castile. ...

The Kleines Kaiserrecht, anonymous legal code of ca. 1300, prohibits judicial duels altogether, stating that the emperor had come to this decision on seeing that too many innocent men were convicted by the practice just for being physically weak. Nevertheless, judicial duels continued to be popular throughout the 14th and 15th centuries.

Depiction of a judicial duel between a man (standing in a pit) and a woman, from Talhoffers Thott manuscript (1459).

Trial by combat plays a significant role in the German schools of fencing in the 15th century. Notably Hans Talhoffer depicts techniques to be applied in such duels, separately for the Swabian (sword and shield) and Franconian (mace and shield) variants, but other Fechtbücher such as that of Paulus Kal and the Codex Wallerstein show similar material. While commoners were required to present their case to a judge before duelling, members of the nobility did have the right to challenge each other for duels without the involvement of the judicative, so that duels of this kind were separate from the judicial duel already in the Middle Ages and were not affected by the latter's abolition in the early 1500s, evolving into the gentlemanly duel of modern times which was outlawed only as late as in the 19th century. Image File history File links Download high-resolution version (834x555, 89 KB) Talhoffer Thott 290 2º (1459) fol. ... Image File history File links Download high-resolution version (834x555, 89 KB) Talhoffer Thott 290 2º (1459) fol. ... page of Mscr. ... Portrait of Talhoffer (pictured left), and his coat of arms, from the 1459 Fechtbuch Depiction of a judicial duel between a man (standing in a pit) and a woman, (Thott 1459, fol. ... Germany, showing modern borders. ... Franconia (German: Franken) is a historic region in modern Germany, which today forms three administrative regions of the German federal state of Bavaria: Lower Franconia (Unterfranken), Middle Franconia (Mittelfranken), and Upper Franconia (Oberfranken). ... fol. ... Paulus Kal was a 15th century German fencing master. ... the first page shows a fencer with various arms. ... A duel is a formalized type of combat. ...

Hans Talhoffer in his 1459 Thott codex names seven offences that in the absence of witnesses were considered grave enough to warrant a judicial duel: Events September 23 - Battle of Blore Heath. ...

1. murder
2. treason
3. heresy
4. desertion of one's lord
5. "imprisonment" (possibly in the sense of abduction)
6. perjury/fraud
7. rape

The introduction of the Reichskammergericht in 1495 tilted the balance in favour of Roman law over regional legal traditions, and the practice of judicial duelling died out shortly thereafter. For other uses, see Treason (disambiguation) or Traitor (disambiguation). ... Look up Heresy in Wiktionary, the free dictionary. ... For other uses of Desertion, see Abandonment. ... “Kidnapper” redirects here. ... Perjury is the act of lying or making verifiably false statements on a material matter under oath or affirmation in a court of law or in any of various sworn statements in writing. ... Wetzlar, Germany: Reichskammergericht The Reichskammergericht (Imperial Chamber Court) was one of two highest judicial institutions in the Holy Roman Empire, the other one being the Reichshofrat (Aulic Council) in Vienna. ... 1495 was a common year starting on Tuesday (see link for calendar) of the Gregorian calendar. ...

England

Wager of battle, as the trial by combat was called in English, appears to have become part of the common law of England in the Norman conquest. The earliest case in which wager of battel is recorded is Wulfstan v. Walter (1077), eleven years after the Conquest. Significantly, the names of the parties suggest that it was a dispute between a Saxon and a Norman. Ranulf de Glanvill's De Legibus et Consuetudinibus Angliæ, from around 1187, appears to have considered it the chief mode of trial, at least among aristocrats entitled to bear arms. The English language is a West Germanic language that originates in England. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... For other uses, see England (disambiguation). ... Bayeux Tapestry depicting events leading to the Battle of Hastings The Norman Conquest of England was the conquest of the Kingdom of England by William the Conqueror (Duke of Normandy), in 1066 at the Battle of Hastings and the subsequent Norman control of England. ... Events January 26 - Henry IV, Holy Roman Emperor visits Pope Gregory VII as a penitent, asking him remove sentence of excommunication Robert Curthose instigates his first insurrection against his father, William the Conqueror Seljuk Turks capture Nicaea Süleyman I of Rüm becomes the leader of the Sultanate of... For other uses, see Anglo-Saxon. ... Norman conquests in red. ... Ranulf de Glanvill (sometimes written Glanvil, Glanville) (died 1190) was chief justiciar of England during the reign of King Henry II and reputed author of a book on English law. ... // Events May 1 - Battle of Cresson - Saladin defeats the crusaders July 4 - Saladin defeats Guy of Lusignan, King of Jerusalem, at the Battle of Hattin. ... Aristocracy is a form of government in which rulership is in the hands of an upper class known as aristocrats. ...

When Henry II reformed English civil procedure in the Assize of Clarendon in 1166, trial by jury became available, and lawyers, guarding the safety of the lives and limbs of their clients, steered people away from the wager of battle. A number of legal fictions were devised to enable litigants to avail themselves of the jury even in the sort of actions that were traditionally tried by wager of battel. The practice of averting trial by combat led to the modern concept of attorneys representing litigants. In practice, a person facing trial by combat was assisted by a second, often referred to as a squire. The role of the squire was not only to attend the battle, but to arrange the particulars of the ceremony with the opposing squire. Over time, squires would meet and resolve the disputes during negotiations over combat. Henry II of England 5 March 1133 – 6 July 1189) ruled as King of England (1154–1189), Count of Anjou, Duke of Normandy, Duke of Aquitaine, Duke of Gascony, Count of Nantes, Lord of Ireland and, at various times, controlled parts of Wales, Scotland and western France. ... Civil procedure is the body of law that sets out the process that courts will follow when hearing cases of a civil nature (a civil action, as opposed to a criminal action). ... The Assize of Clarendon was an act of King Henry II of England of 1166, whereby trial by jury became the norm in England, replacing alternatives such as trial by combat. ... // Events Marko III succeeds Yoannis V as patriarch of Alexandria. ... It has been suggested that this article or section be merged with Jury. ... For the fish called lawyer, see Burbot. ... In the common law tradition, legal fictions are suppositions of fact taken to be true by the courts of law, but which are not necessarily true. ... For jury meaning makeshift, see jury rig. ... An attorney is someone who represents someone else in the transaction of business: For attorney-at-law, see lawyer, solicitor, barrister or civil law notary. ... Look up second in Wiktionary, the free dictionary. ... For other uses, see Squire (disambiguation). ...

Wager of battle remained in two forms of action dear to the honour-bound hearts of the aristocracy, however. The first was the writ of right, the most direct way at common law of challenging someone's right to a piece of real property. The second was the criminal appeal, a private criminal prosecution instituted by the accuser directly against the accused. It was not, like the contemporary appeal, a proceeding in a court of superior jurisdiction reviewing the proceedings of a lower court. For other uses, see Honour (disambiguation). ... Forms of government Part of the Politics series Politics Portal This box:      The term aristocracy refers to a form of government where power is held by a small number of individuals from an elite or from noble families. ... This article does not cite any references or sources. ... Criminal law (also known as penal law) is the body of statutory and common law that deals with crime and the legal punishment of criminal offenses. ... Criminal law (also known as penal law) is the body of law that regulates governmental sanctions (such as imprisonment and/or fines) as retaliation for crimes against the social order. ...

Such a private prosecution was last conducted in the case of Ashford v. Thornton in 1818, as recorded in The Newgate Calendar. [1] Pronouncing judgement in favour of the accused's plea claiming the wager of battel, Justice Bayley of the King's Bench said that: Ashford v. ... 1818 (MDCCCXVIII) is a common year starting on Thursday of the Gregorian calendar or a common year starting on Saturday of the 12-day slower Julian calendar. ... Image of child-murderer Thomas Hunter from the Newgate Calendar. ... One of the ancient courts of England, the Kings Bench (or Queens Bench when the monarch is female) is now a division of the High Court of Justice of England and Wales. ...

One of the inconveniences of this procedure is, that the party who institutes it must be willing, if required, to stake his life in support of his accusation.

The accusation was quickly withdrawn after this judgement. Parliament abolished wager of battel the following year, in 1819, and at the same time they also abolished the writ of right and criminal appeals. Type Bicameral Houses House of Commons House of Lords Speaker of the House of Commons The Right Honourable Michael Martin MP Lord Speaker Hélène Hayman, Baroness Hayman, PC Members 1377 (646 Commons, 731 Peers) Political groups (as of May 5, 2005 elections) Labour Party Conservative Party Liberal Democrats... 1819 common year starting on Friday (see link for calendar). ...

One of the last mass trials by combat, the Battle of the Clans, took place in Perth in 1396. This event took the form of a pitched battle between teams of around thirty men each, representing Clan Macpherson and Clan Davidson on the North Inch in front of the King, Robert III. The battle was intended to resolve a dispute over which clan was to hold the right flank in an upcoming battle of both clans (and several others) against Clan Cameron. The Clan Macpherson is thought to have won but only twelve men survived from the original sixty.[2] The North Inch in modern times, looking south towards Perths eastern edge. ... Perth (Scottish Gaelic: ) is a royal burgh in central Scotland. ... Events September 25 - Bayazid I defeats Sigismund of Hungary and John of Nevers at the Battle of Nicopolis. ... Robert III (circa 1340 – April 4, 1406), king of Scotland (reigned 1390 - 1406), the eldest son of King Robert II by his mistress, Elizabeth Mure, became legitimised with the formal marriage of his parents about 1349. ...

Trials by combat at common law in England were carried on with quarterstaffs, on a duelling ground of sixty feet square. Each litigant was allowed a rectangular, leathern shield, and could be armed with a suit of armour, provided that they were bare to the knees and elbows, and wore only red sandals on their feet. The litigants appeared in person; women, the elderly, the infirm of body, and minors could have champions named to fight in their stead. The combat was to begin before noon, and be concluded before sunset. Before fighting, each litigant had to swear an oath disclaiming the use of witchcraft for advantage in the combat, which oath is in words and figures as follows: Quarterstaffs in use, from Old English Sports, Pastimes and Customs, published 1891 A quarterstaff is a medieval English variant of the staff weapon, consisting of a shaft of hardwood, sometimes with metal-reinforced tips. ... Modern leather-working tools Leather is a material created through the tanning of hides and skins of animals, primarily cattlehide. ... This article does not cite any references or sources. ... This article does not cite any references or sources. ... “Witch” redirects here. ...

Hear this, ye justices, that I have this day neither eat, drank, nor have upon me, neither bone, stone, ne grass; nor any enchantment, sorcery, or witchcraft, whereby the law of God may be abased, or the law of the Devil exalted. So help me God and his saints.

Either combatant could end the fight and lose his case by crying out the word "craven", a word of uncertain meaning, but which may be related to the Old French for "broken." The party who did so, however, whether litigant or champion, was punished with outlawry. Fighting continued until one party or the other was dead or disabled. The last man standing won his case. This article is about the concept of justice. ... This article discusses the term God in the context of monotheism and henotheism. ... This page is about the concept of the Devil. ... In traditional Christian iconography, Saints are often depicted as having halos. ... Old French was the Romance dialect continuum spoken in territories corresponding roughly to the northern half of modern France and parts of modern Belgium and Switzerland from around 1000 to 1300. ... For other senses of this word, see outlaw (disambiguation). ...

A trial from 1583

The last trial by combat under the authority of an English monarch is thought to have taken place during the reign of Elizabeth I, in the inner courtyard of Dublin Castle in Ireland at 9 o'clock on the morning of 7 September 1583. This article is about Elizabeth I of England. ... Dublin Castle. ... is the 250th day of the year (251st in leap years) in the Gregorian calendar. ... 1583 was a common year starting on Saturday of the Gregorian calendar or a common year starting on Tuesday of the Julian calendar. ...

The dispute was between members of the O'Connor clan (ie. sept) in King's county (modern County Offaly), who were persuaded by two judges (referred to in the account below) to bring the matter before the Irish privy council for resolution. // OConnor may refer to several different topics: Cian OConnor (b. ... For other uses, see Clan (disambiguation). ... A sept is a division of a family, especially a division of a clan. ... Statistics Province: Leinster County Town: Tullamore Code: OY Area: 1,999 km² Population (2006) 70,604 Website: www. ...

The dispute probably concerned dynastic power within the territory of the O'Connors, and the parties, Teig and Conor, had accused each other of treason; the privy council granted their wish for trial by combat, to take place on the following day, and for another such trial between two other members of the same sept, to take place on the Wednesday following.

The first combat took place as appointed, with the combatants "in their shirts with swords, targetts and skulles". An account of the proceedings as observed by one of the Privy Councillors is given in the State Papers Ireland 63/104/69 (spelling adapted):

The first combat was performed at the time and place accordingly with observation of all due ceremonies as so short a time would suffer, wherein both parties showed great courage by a desperate fight: In which Conor was slain and Teig hurt but not mortally, the more was the pity: Upon this Wednesday following Mortogh Cogge [O'Connor] appeared in the same place brought by the captains to the listes, and there stayed 2 hours making proclamation against his enemy by drum and trumpet, but he appeared not... The only thing we commend in this action was the diligent travail of Sir Lucas Dillon and the Master of the Rolls, who equally and openly seemed to countenance the champions, but secretly with very good concurrence, both with us and between themselves, with such regard of her Majesty's service, as giveth us cause to commend them to your Lordships.

The Annals of the Four Masters also refers to the trial and censures the parties for having allowed the English to entice them into the proceedings. It is also referred to in Holinshed's chronicles. “Fights” redirects here. ... Signature page from the Annals of the Four Masters Entry for A.D. 432 The Annals of the Four Masters or the Annals of the Kingdom of Ireland by the Four Masters are a chronicle of medieval Irish history. ... Raphael Holinshed (died c. ...

This was a trial not at common law but under consiliar jurisdiction. It can be seen as a neat example of classic divide-and-rule policy.

France

"The plaintiff opening his case before the judge", from Cérémonies des Gages des Batailles (15th c.), National Library of Paris.

Download high resolution version (1426x1271, 77 KB)The Judicial Duel. ... Download high resolution version (1426x1271, 77 KB)The Judicial Duel. ...

Judicial combat of 1386

In December 1386, the last trial by combat authorised by the French King Charles VI was fought in Paris. The trial was fought to decide a case brought by Sir Jean de Carrouges against squire Jacques Le Gris, whom he accused of raping his wife Marguerite when Carrouges was in Paris conducting business. After lengthy hearings at the Parlement de Paris, it was decided that guilt could not be decided through a standard jury trial and a judicial duel was ordered. Charles VI Charles VI the Well-Beloved, later known as the Mad (French: Charles VI le Bien-Aimé, later known as le Fol) (December 3, 1368 – October 21, 1422) was a King of France (1380 – 1422) and a member of the Valois Dynasty. ... This article is about the capital of France. ... Sir Jean de Carrouges IV (c. ... Sir Jacques Le Gris (c. ... Parlements in ancien régime France — contrary to what their name would suggest to the modern reader — were not democratic or political institutions, but law courts . ...

In late December, shortly after Christmas, the combatants met in the grounds of an abbey in the Northern Paris suburbs. After lengthy ceremony battle was joined and after a furious and bloody encounter, Carrouges stabbed his opponent through the throat with his dagger and claimed victory, being rewarded with substantial financial gifts and a position in the Royal household. The duel was watched by the Royal court, several royal dukes and thousands of ordinary Parisiens and was recorded in several notable chronicles including Froissart's Chronicles and Grandes Chroniques de France. It has since been covered by several notable texts, including Diderot's Encyclopédie, Voltaire and the Encyclopedia Britannica Eleventh Edition. Froissarts Chronicle was written in French by Jean Froissart. ... Philip Augustus captures Tours in 1189. ... Denis Diderot Denis Diderot (October 5, 1713 - July 31, 1784) was a French writer and philosopher. ... The neutrality of this article is disputed. ... For the singer of the same name, see Voltaire (musician). ... Encyclopædia Britannica, the 11th edition The Encyclopædia Britannica Eleventh Edition (1910–1911) is perhaps the most famous edition of the Encyclopædia Britannica. ...

An Unusual Trial By Combat

In 1380, a trial by combat was said to have been fought in France between a man and a dog. The dog’s master, Montdidier, had been murdered by the Chevalier Maquer. Maquer buried the body and departed. The dog, masterless and hungry, journeyed to Paris and sought out the Chevalier Ardilliers, a friend of his master Montdidier, and led him back to his master’s grave. This loyal dog scratched the dirt covering the grave until Ardilliers dug up the corpse of Montdidier. Later the dog spied Maquer, his master’s killer, and attacked him viciously. The dog renewed his attacks at each encounter with Maquer, soon arousing suspicion since heretofore his nature had been gentle. Friends recalled that Maquer had shown hostility to Montdidier, and reported this situation to the king. The king ordered trial by combat between Maquer and the dog to uncover Maquer’s guilt or innocence.

At combat, Maquer was unable to contain the frenzied attack of the dog, who focused on Maquer’s throat. Maquer, undone by the dog’s fervor and tenacity, confessed to his crime and was duly hanged. [3]

This legend is a variant of the somewhat older legend of the Dog of Montargis. Montargis is a commune of the Loiret département in France. ...

United States

The United States inherited its common law traditions from the English system when it declared its independence in 1776, with precedents before that date entrenched in the American jurisprudence, as the Rule In Shelley's Case in property law has. The British, however, did not abolish wager by battle until 1818 in Ashford v. Thornton, as noted above, and since independence, no court in the United States has addressed the issue of whether this remains a valid alternative to a civil action under the law. In Forgotten Trial Techniques: The Wager of Battle by Donald J Evans published in the ABA Journal 71:66 (May 1985) - the possibility of a trial by battle was set out in a parody of hard-boiled pulp fiction author Raymond Chandler but set in a lawyer's office. Year 1776 (MDCCLXXVI) was a leap year starting on Monday (link will display the full calendar) of the Gregorian calendar (or a leap year starting on Thursday of the 11-day slower Julian calendar). ... Precedent is the principle in law of using the past in order to assist in current interpretation and decision-making. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... This article or section does not cite any references or sources. ... Ashford v. ... For other persons named Raymond Chandler, see Raymond Chandler (disambiguation). ...

References

• Richard Bagwell, Ireland under the Tudors 3 vols. (London, 1885–1890)
• Alfred Boretius, Capitularia Regum Francorum 2 vols. Monumenta Germaniae Historica, LL S. 2. (1883).
• John O'Donovan (ed.) Annals of Ireland by the Four Masters (1851).
• V. L. Ziegler, Trial by Fire and Battle in Medieval German Literature, Camden House (2004).
• Calendar of State Papers: Ireland (London)
• The Newgate Calendar

See also

• Ordeal
• Holmgang
• Duel

Trial by ordeal is a quasi-judicial practice by which the guilt or innocence of the accused is determined by subjecting them to a painful task. ... Egill Skallagrímsson engaging in holmgang with Berg-Önundr, painting by Johannes Flintoe Holmgång (or holmganga) was a duel practiced by Norsemen. ... A duel is a formalized type of combat. ...

External links

• Charters relating to Judicial Duels, 11th - 12th Century