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单词 trial by battle, by combat, by wager of battle, by the sword
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trial by battle, by (single) combat, by wager of battle, by the sword
(a) The determination of a person's guilt or innocence, or the righteousness of his cause, by a combat between the accuser and accused ( trial by battle, by (single) combat, by wager of battle, by the sword); ‘a combat decisive of the merits of a cause’ (Schmidt); see also trial by ordeal n. These methods of trial are now abolished; but expressions originally referring to them are still in figurative use. Thus, war may be spoken of as a ‘trial by battle’ with God for judge.
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society > law > administration of justice > court proceedings or procedure > trying or hearing of cause > [noun] > trial > trial by combat
judgementc1300
duelc1475
combat1567
duellum1596
trial1597
duel-trial1631
1597 W. Shakespeare Richard II i. i. 81 Ile answer thee in any faire degree, Or chiualrous designe of knightly triall . View more context for this quotation
a1616 W. Shakespeare King John (1623) ii. i. 286 Those soules, That to their euerlasting residence, Before the dew of euening fall, shall fleete In dreadfull triall of our kingdomes King. View more context for this quotation
a1616 W. Shakespeare King John (1623) ii. i. 342 England thou hast not sau'd one drop of blood In this hot triall more then we of France. View more context for this quotation
a1616 W. Shakespeare As you like It (1623) i. ii. 175 Let your faire eies, and gentle wishes go with mee to my triall . View more context for this quotation
1617 J. Minsheu Ἡγεμὼν είς τὰς γλῶσσας: Ductor in Linguas Combat in our Common Law is taken for a formall triall of a doubtfull cause or quarrell by the sword or bastons, of two champions.
1641 Termes de la Ley 39 Battaile is an ancient triall in our Law, which the Defendant in appeale of murder, robbery, or felony, may chuse.
1737 R. Glover Leonidas iii. 106 By single combat were the tryal vain.
1819 Act 59 Geo. III c. 46 Whereas..the Trial by Battel in any Suit, is a Mode of Trial unfit to be used; and it is expedient that the same should be wholly abolished..be it..enacted, That..in any Writ of Right now depending, or which may here~after be..commenced, the Tenant shall not be received to wage Battel, nor shall Issue be joined nor Trial be had by Battel.
1868 G. Pryme Autobiogr. Recoll. (1870) an. 1818. vii. 133.
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