A 'reasonable person' is a legal fiction I'm pretty sure I've never met.

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Legal Definitions - wager of battle

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Definition of wager of battle

The term wager of battle refers to a historical legal procedure, primarily found in medieval European law, where a dispute between two parties was resolved through a physical combat. This method of trial was based on the belief that God would intervene to ensure victory for the righteous party, thereby revealing the truth or justice of a claim. The combat could be fought by the disputing parties themselves or by their chosen champions, and the outcome of the fight was considered a binding legal judgment.

Here are some examples illustrating the concept of a wager of battle:

  • Imagine a dispute in 12th-century England where a farmer, Thomas, accuses his neighbor, Richard, of stealing his prize cow. With no eyewitnesses or definitive evidence, and the local lord's court unable to determine the truth through testimony, Richard challenges Thomas to a wager of battle. Both men, or their chosen champions, would engage in a physical fight. If Thomas's champion won, it would be legally deemed that Richard was guilty of theft, and he would face the prescribed punishment. Conversely, if Richard's champion prevailed, Thomas's accusation would be dismissed, and Richard would be considered innocent.

  • Consider a scenario in a medieval German city where a merchant, Elara, claims that a craftsman, Gareth, failed to deliver a commissioned piece of armor after receiving payment. Gareth vehemently denies this, asserting he completed the work and Elara simply never collected it. Unable to resolve the conflicting accounts through conventional means, the court might permit a wager of battle. Elara, being a woman, would typically appoint a male champion to fight on her behalf against Gareth's champion. The victor's side would be declared the truthful party, and the legal dispute would be settled according to the outcome of the combat.

  • In a feudal kingdom, a knight, Sir Kael, is accused by a rival, Lord Valerius, of breaking an oath of fealty to their shared liege lord. Sir Kael vehemently denies the charge, which carries severe penalties for his honor and lands. To clear his name and prove his loyalty, Sir Kael might demand a wager of battle against Lord Valerius. The two knights would engage in a duel, often with specific rules and weapons, in the presence of the court. If Sir Kael emerged victorious, his innocence would be legally affirmed, and his honor restored, as the outcome was believed to reflect divine judgment on the truth of the accusation.

Simple Definition

Wager of battle was a medieval legal procedure allowing a defendant to challenge an accuser to a physical fight to resolve a dispute. It represented a formal offer to engage in trial by combat, with the belief that divine intervention would ensure victory for the righteous party.