trial by wager of law

trial by wager of law
A species of trial anciently used in civil actions, wherein the defendant gave pledges or sureties that he would wage his law; that is, that he would appear at the time set when he would make oath as to his innocence and would produce compurgators, witnesses in his behalf, who would swear that they believed his oath. See 3 Bl Comm 341. trial by water. A trial by water-ordeal, which was performed either by plunging the defendant's bare arm up to the elbow in boiling water, or by casting him into a pool of water. If he escaped harm from the boiling water, or sank in the plunge, he was deemed innocent and acquitted, but if he was scalded by the hot water, or if he floated when thrown into the pool, he was adjudged guilty. See 4 Bl Comm 343.

Ballentine's law dictionary. . 1998.

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Look at other dictionaries:

  • wager of law — an ancient mode of proof that became unpopular because the defendant could call people as witnesses just to testify to his general oath worthiness, even if they knew nothing of the facts of the case. It may have accounted for the ascendancy of… …   Law dictionary

  • wager of law — See trial by wager of law …   Ballentine's law dictionary

  • Wager of law — wager wa ger (w[=a] j[ e]r), n. [OE. wager, wajour, OF. wagiere, or wageure, F. gageure. See {Wage}, v. t.] [1913 Webster] 1. Something deposited, laid, or hazarded on the event of a contest or an unsettled question; a bet; a stake; a pledge.… …   The Collaborative International Dictionary of English

  • Wager of law — Law Law (l[add]), n. [OE. lawe, laghe, AS. lagu, from the root of E. lie: akin to OS. lag, Icel. l[ o]g, Sw. lag, Dan. lov; cf. L. lex, E. legal. A law is that which is laid, set, or fixed; like statute, fr. L. statuere to make to stand. See… …   The Collaborative International Dictionary of English

  • trial by wager of battel — A duel or combat which in ancient times was sanctioned by law as a form of trial, in which champions, in civil actions, represented the parties, under the superstition that the right would triumph. The last trial by battel on record was in 1638.… …   Ballentine's law dictionary

  • wager of law — noun historical a form of trial in which the defendant was required to produce witnesses who would swear to his or her innocence …   English new terms dictionary

  • trial — A judicial examination and determination of issues between parties to action, whether they be issues of law or of fact, before a court that has jurisdiction. Tittsworth v. Chaffin, Mo.App., 741 S.W.2d 314, 317. A judicial examination, in… …   Black's law dictionary

  • wager of battel — A type of trial by combat between accuser and accused that was introduced into England by William the Conqueror (King William I) and his Norman followers after the Norman Conquest of 1066. Dictionary from West s Encyclopedia of American Law. 2005 …   Law dictionary

  • wager — wa ger (w[=a] j[ e]r), n. [OE. wager, wajour, OF. wagiere, or wageure, F. gageure. See {Wage}, v. t.] [1913 Webster] 1. Something deposited, laid, or hazarded on the event of a contest or an unsettled question; a bet; a stake; a pledge. [1913… …   The Collaborative International Dictionary of English

  • Wager of battel — wager wa ger (w[=a] j[ e]r), n. [OE. wager, wajour, OF. wagiere, or wageure, F. gageure. See {Wage}, v. t.] [1913 Webster] 1. Something deposited, laid, or hazarded on the event of a contest or an unsettled question; a bet; a stake; a pledge.… …   The Collaborative International Dictionary of English

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