BATTEL - in French Bataille; Old
English law. An ancient and barbarous mode of trial,
by Bingle combat, called wager of battel, where, in
appeals of felony, the appellee might fight with the
appellant to prove his innocence. It was also used
in affairs of chivalry or honor, and upon civil cases
upon certain issues. Till lately it disgraced the
English code. This mode of trial was abolished in
England by stat.59 Geo.,III. c.46.
This mode of trial was not peculiar to England. The
Emperor Otho, 983 A. D., 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.