Legal Definition and Related Resources of Battel
Meaning of 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 sovereigns and great lords” of Italy, Germany, and France 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 Herbert, Inns of Court, 119-1145.
What does Battel mean in American Law?
The definition of Battel in the law of the United States, as defined by the lexicographer Arthur Leff in his legal dictionary is:
The usual spelling of “battle” in old legal terms like wager of battel.
Browse
You might be interested in these references tools:
| Resource | Description |
|---|---|
| Battel in the Dictionary | Battel in our legal dictionaries | Browse the Legal Thesaurus | Find synonyms and related words of Battel |
| Legal Maxims | Maxims are established principles that jurists use as interpretive tools, invoked more frequently in international law |
| Legal Answers (Q&A) | A community-driven knowledge creation process, of enduring value to a broad audience |
| Related topics | Battel in the World Encyclopedia of Law |
Notice
This definition of Battel Is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.
Vocabularies (Semantic Web Information)
| Resource | Description |
|---|---|
| Topic Map | A group of names, occurrences and associations |
| Topic Tree | A topic display format, showing the hierarchy |
| Sitemap Index | Sitemap Index, including Taxonomies |
| https://legaldictionary.lawin.org/battel/ | The URI of Battel (more about URIs) |
Battel in the Dictionary of Law consisting of Judicial Definitions and Explanations of Words, Phrases and Maxims
Latin batuere, to strike, beat. Trial by combat or duel. Also called wager of battel, battle, battaile
Note: This legal definition of Battel in the Dictionary of Law (English and American Jurisprudence) is from 1893.
Concept of “Battel, Bataile”
Traditional meaning of battel, bataile in the French law history (with some legal use in England and the United States in the XIX Century) [1]: (in French) Combat; duel. Wager 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 was acquitted. If the appellant became recreant and pronounced the word craven (to beg) he lost his liberam legem and became infamous; and the appellee recovered damages and was forever quit.
Resources
Notes and References
- Based on A Concise Law Dictionary of Words, Phrases and Maxims, “Battel, Bataile”, Boston: Little, Brown, and Company, 1911, United States. It is also called the Stimson’s Law dictionary. This term and/or definition may be absolete.
Leave a Reply