William Feilden Craies

“ The use of the oath instead of the real or feigned combat—real in English law, feigned in Roman law—no doubt represents an advance in legal development. The technical term sacramentum is the bond of union between the two stages of law. In the wager of law the defendant, with eleven compurgators, appeared in court, and the defendant swore that he did not owe the debt, or (in detinue) that he did not detain the plaintiff's chattel ”

“ When an ordinary court ordered the battle, it was fought on foot with staves and leather shields; but when a court of chivalry [1] ordered it, on horse with spear and sword. If defeated, the appellee was liable to sentence of death by hanging, and an undecided fight still left him liable, though acquitted on the appeal, to trial by indictment; if the appellant yielded, the appellee was free. The right of “wager of battle” was claimed as late as 1818 by a man named Thornton, who had been acquitted at assizes of a charge of murdering a girl named Ashford ”

“ In England the “appellant” first formulated his charge, which was proclaimed at five successive county courts. If the “appellee” did not appear he was outlawed; if he did he could plead various exemptions ”