Battel, Wager Of

Battel, wager of, a form of trial formerly used in military cases, arising in the Court of chivalry and honour, in appeals of felony in criminal cases, and in the obsolete real action called a writ of action. The question at issue was decided by the result of a personal combat between the parties, or, in the case of a writ of right, between their champions. See Ashford v. Thornton, (1818) 1 B & Ald 405, which quickly led to the practice, which had long been disused, being formally abolished in 1819 by 59 Geo. 3, c. 46.