Publisher's Synopsis
Excerpt from The Facts and Historical Events of the Toledo War of 1835: As Connected With the First Session of the Court of Common Pleas of Lucas County, Ohio
In the early times of the Germans and Northmen of Europe, there was a custom, sanctioned by their Courts, that permitted a mode of trial called wager of battle. This mode of trial was regarded as a great test of the honesty and sincerity of the parties that went to law. It permitted the defendant in a writ of right to apply for it; and allowed him to challenge his opponent to single combat to decide the case. It was unlike a modern due], as the parties themselves did not fight; but chose some person to be their champion, to give and take the blows. The party whose fighting man ?ogged his opponent, had judgment entered in his favor for his claim.
This mode of trial was anciently introduced into England by her conquerors, but was not much practiced.
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