History Main / TrialByCombat

[[caption-width-right:350:Judicial duel between Marshal Wilhelm von Dornsberg and Theodor Haschenacker in the Augsburg wine market in 1409. [[note]]Painting by Jörg Breu d. Jüngere and Paulus Hector Mair, c. 1544.[[/note]]]]

[[caption-width-right:350:Judicial duel between Marshal Wilhelm von Dornsberg and Theodor Haschenacker in the Augsburg wine market in 1409. Painting by Jörg Breu d. Jüngere and Paulus Hector Mair, c. 1544]]

[[caption-width-right:350:Judicial duel between Marshal Wilhelm von Dornsberg and Theodor Haschenacker in the Augsburg wine market in 1409]]

[[caption-width-right:350:Judicial duel between Marshal Wilhelm von Dornsberg and Theodor Haschenacker in the Augsburg wine market (1409)]]

* Such a system is in place in the KingArthur legendarium. Every knight knows that Guinevere is cheating on Arthur with Lancelot, but an accusation without any proof can only be made by challenging the queen's champion- Lancelot himself. Since he's an invincible knight, no one dares asperse her loyalty out loud.
* Being based on KingArthur and other medieval literature, the country of Arendia in ''Literature/TheBelgariad'' uses this system as well. It comes up in the second book when, because Garion is unable to prove that an ambassador is plotting to kill the king in order to foment war without naming his friend Lelldorin as a co-conspirator, the renowned and eminently honourable Mandorallan challenges the ambassador in order to prove his misdoings.

* The very first story arc of ''Webcomic/TheInexplicableAdventuresOfBob'' has Bob agreeing to take [[StarfishAliens Ahem's]] [[http://bobadventures.comicgenesis.com/d/20060615.html place in a trial by combat against a giant monster.]]

Traditionally, this is one of the [[RuleOfThree three]] basic legal ways of resolving a conflict or disagreement between two individuals or legal entities, the other two being TrialByOrdeal and Trial by Arbitration (the only one recognised by modern democracies, and for which we have [[CrimeAndPunishmentTropes plenty of]] [[TheCourtroomIndex coverage]]).

Traditionally, this is one of the [[RuleOfThree three]] basic legal ways of resolving a conflict or disagreement between two individuals or legal entities, the other two being TrialByOrdeal, and Trial by Arbitration (the only one recognised by modern democracies, and for which we have [[CrimeAndPunishmentTropes plenty of]] [[TheCourtroomIndex coverage]]).

* ''Film/TheLastDuel'' adapts the Eric Jager book of the same name about the last legally sanctioned duel in France in TheLateMiddleAges. More details in the Real Life folder below.

* In ''The Last Duel'' by Eric Jager, the author describes the last legally sanctioned ([[DuelToTheDeath Duels to the Death]] of course continued to the eighteenth century and beyond, but they were more an aristocratic version of a BarBrawl done with lethal weapons, then a legal practice) judicial duel in France during the hundred years war. A French noblewoman who was pregnant out of wedlock claimed that it was rape by her husband's [[FeudingFamilies enemy]] and her husband, believing her, stood in the lists as plaintiff. The accused stood as defendant. In something of a Zig Zag no one really believed it was an ideal means, the Church condemned it as TemptingFate and there hadn't been such an event in ages. It was only permitted by the French king because the law was still technically on the books because no one had bothered to take it off. And because there was no way to solve a rape case there being no DNA testing at the time. In other words it was permitted not because it was actually believed that God would automatically intervene for the right party but because no one could think of anything better to do and it ''was'' technically legal. In any case, as the title of the book [[ExactlyWhatItSaysOnTheTin indicates]] it was the last one in France. Creator/RidleyScott [[Film/TheLastDuel adapted it on film]].

* In ''Film/{{Excalibur}}'', and [[KingArthur some of the source materials it's based on]], Queen Guenevere is accused of adultery against King Arthur with Lancelot. All of the knights had been afraid to level this accusation because her champion was Lancelot himself, whom no other knight can defeat.

* Occurs (unsurprisingly) in the 1964 film version of ''ComicStrip/PrinceValiant''.
* Also occurs in the 1961 film ''El Cid''.

* In ''The Last Duel'' by Eric Jager, the author describes the last legally sanctioned ([[DuelToTheDeath Duels to the Death]] of course continued to the eighteenth century and beyond, but they were more an aristocratic version of a BarBrawl done with lethal weapons, then a legal practice) judicial duel in France during the hundred years war. A French noblewoman who was pregnant out of wedlock claimed that it was rape by her husband's [[FeudingFamilies enemy]] and her husband, believing her, stood in the lists as plaintiff. The accused stood as defendant. In something of a Zig Zag no one really believed it was an ideal means, the Church condemned it as TemptingFate and there hadn't been such an event in ages. It was only permitted by the French king because the law was still technically on the books because no one had bothered to take it off. And because there was no way to solve a rape case there being no DNA testing at the time. In other words it was permitted not because it was actually believed that God would automatically intervene for the right party but because no one could think of anything better to do and it ''was'' technically legal. In any case, as the title of the book [[ExactlyWhatItSaysOnTheTin indicates]] it was the last one in France.

* The Duel Ordained by the Goddess in ''LightNovel/EvenThoughImAFormerNobleAndSingleMother'' is a traditional method that nations can use to settle disputes between each other. One such duel is used to settle the issue of whether Shirley's daughters should be taken to the Empire. [[spoiler:Shirley wins easily, despite her opponent being the Empire's strongest knight and despite attempts to hinder her using hidden traps.]]

Traditionally, this is one of the [[RuleOfThree three]] basic legal ways of resolving a conflict or disagreement between two individuals or legal entities, the other two being TrialByOrdeal, and Trial by Arbitration (the only one recognised by modern democracies, and for which we have [[CrimeAndPunishmentTropes plenty of]] [[TheCourtroomIndex coverage already]]).

If the trial takes place between representatives of opposing armies, you have a case of CombatByChampion. If the two are fighting over an insult, it's going to be a DuelToTheDeath, with all of the ThrowingDownTheGauntlet, etc. Be aware of the difference between this and DuelToTheDeath. Although they are similar and in many cases overlap, this is always sanctioned by the pervading culture whereas a duel is sometimes illicit. Also, the way of engaging a trial is different. Whereas a duel can be arranged entirely between the conflicting parties, a trial must be instigated at the behest of some authority figure (who will preside over the fight like a referee and may him/herself serve as champion, especially if he/she is of a {{Proud Warrior Race|Guy}}), and there have to be witnesses to verify how things went down.

Traditionally, this is one of the [[RuleOfThree three]] basic ways of resolving a conflict or disagreement between two individuals or legal entities, the other two being TrialByOrdeal, and Trial by Arbitration (the only one recognised by modern democracies, and for which we have [[CrimeAndPunishmentTropes plenty of]] [[TheCourtroomIndex coverage already]]).

** In ''Literature/AGameOfThrones'', After being brought to the Eyrie, Tyrion is accused of the murder of Jon Arryn. Bronn volunteers to fight for Tyrion against Lysa Arryn's champion, Ser Vardis. Bronn wins.

** In ''Literature/AFeastForCrows'', trial by combat supposedly figures into [[SmugSnake Cersei's]] planto have Margaery Tyrell accused of adultery and forced to be championed by an incompetent member of the Kingsguard, [[HoistByHisOwnPetard which has rather backfired]].
** Viciously subverted by Rickard Stark's death. After his son Brandon was accused of treason by [[TheCaligula Aerys II]], Rickard demanded a trial by combat, which Aerys acceded. When he arrived at the arena, Rickard was instead captured and suspended from a rafter atop burning hot fire, to be cooked to death inside the armor he was wearing. Reason? Aerys said that ''[[{{Pyromaniac}} fire is his champion]]''.

* ''Literature/ASongOfIceAndFire'': This is a legal way to solve a dispute in Westeros. Any person can request a trial by combat, and knights specifically cannot be denied one if they ask. The accuser and accused can ask for someone else to volunteer as well, if they are not fighters. An accused or accusing woman will automatically be volunteered by a man. The trial ends only if one of either parties yields or dies. There is also a rare variation known as trial of the seven, which is an ancient Andal tradition that is connected to the Faith of the Seven. This happens if a person is accused by multiple people. In this case, the accused and six companions fight seven men chosen by the accuser, with the latter normally being among them.

** The first two stories of ''Literature/TalesOfDunkAndEgg'' end in a trial by combat. In one case, Dunk was accused by multiple people and ended up demanding the trial by seven variety. He absolutely ''destroyed'' his accuser Aerion Targaryen by beating the stuffing out of him.

* Repeatedly used in ''Literature/ASongOfIceAndFire'': Bronn against Ser Vardis over Tyrion's supposed murder of Jon Arryn; Oberyn Martell against Gregor Clegane over [[spoiler:Tyrion's supposed murder of Joffrey]]; and supposed to figure into [[SmugSnake Cersei's]] plan [[spoiler:to have Margaery Tyrell accused of adultery and forced to be championed by an incompetent member of the Kingsguard, which has rather backfired]]. The first two Dunk and Egg short stories also end in a trial by combat.
** One of ''Dunk and Egg''s trials by combat is a Trial of Seven, where the accused and six companions fight seven men chosen by the accuser, with the latter normally being among them. In this case, Dunk was the accused, and absolutely ''destroyed'' his accuser Aerion Targaryen by beating the stuffing out of him.
** ''Literature/FireAndBlood'':

--->'''Pate of Longleaf:''' I'll have no songs of how brave you died, kingmaker. There's thousands dead on your account.

** In ''Literature/ProtectorOfTheSmall'', it's mentioned that some people treat jousting as this, and several conservatives challenge Kel to prove that women shouldn't be knights. When she wins, [[RealityEnsues they still don't respect her]] and claim that it changes nothing. Cleon doubts that the gods actually pay attention to minor jousts, and there's nothing in narrative to suggest otherwise.

[[folder:Tabletop Games]]=

** It should be noted that act of choosing a champion is largely reserved for political bodies (example, a Grand Council. Warrior Andian Pryde had to [[NeverTellMetheOdds fight four to one odds with his fellow witnesses]] when he challenged a Coucil decision). The act of an individual trying to name a champion can be [[DirtyCoward interpreted as an admittance of weakness]] if not by the rival fighter, but by a political rival in the same Clan. More than one Clan leader has been called out for hiding behind rank and [[MightMakesRight brutally killed in a Circle of Equals.]]

** It should be noted that act of choosing a champion is largely reserved for political bodies (example, a Grand Council). The act of an individual trying to name a champion can be [[DirtyCoward interpreted as an admittance of weakness]] if not by the rival fighter, but by a political rival in the same Clan. More than one Clan leader has been called out for hiding behind rank and [[MightMakesRight brutally killed in a Circle of Equals.]]

** It should be noted that act of choosing a champion is largely reserved for political bodies (example, a Grand Council). The act of an individual trying to name a champion can be [[DirtyCoward interpreted as an admittance of weakness]] if not by the rival fighter, but by a political rival in the same Clan. More than one Clan leader has been called out for hiding behind rank and [[CombatPragmatist brutally killed in a Circle of Equals.]]

[[folder:Tabletop Games]]

* ''Literature/TenSixtySixAndAllThat'' discusses this (along with [[TrialByOrdeal "the Ideal"]]) in the context of Henry II's legal reforms:

* The Clans of ''TabletopGame/BattleTech'' base their entire culture around this. The higherups made an edict your clan doesn't like? Then the result will most likely be a Trial of Refusal[[note]]an appeal of the decision, with victory against the odds by which you lost the decision nullifying it[[/note]]. There are Trials for all kinds of stuff, from the mundane Trial of Bloodright[[note]][[MeaningfulRename earning the right of using your ancestors' surname, considered a great honor]][[/note]] through the politically-motivated Trial of Absorption[[note]]the loser's clan gets assimilated into the winner's; only happened thrice so far[[/note]] to the more radical Trial of Annihilation.[[note]]A death penalty. The target is marked for death by Clan society at a whole and forced to defend themselves in unrestricted warfare until they're killed, following which they're rendered an UnPerson and their Bloodline (if any) is Reaved; usually used on individuals or units who dishonour the Clans but three Clans (The Not-Named, Smoke Jaguar and later Steel Viper) [[FinalSolution were Annihilated as well]][[/note]]. It should be noted that, by tradition, most duels are fought between HumongousMecha, though there are rare Trials fought between foot soldiers or fightercraft as well. The Clans instituted such a system in order to militarily resolve conflicts (being a ProudWarriorRace, military resolution was seen as an inevitable outcome) using a minimum of forces without it spilling over into full-blown civil war, though at least twice a Trial has resulted in a large-scale war between Clans regardless.
** In the video game adaption ''TabletopGame/MechWarrior 4: Mercenaries'', the eponymous mercs can choose to involve themselves in two further Clan trials: the Trial of Possession[[note]]basically, a sort of CombatByChampion over a piece of unclaimed land[[/note]], and the Trial of Position[[note]]the player can fight for the right to ''become a Clan member'' despite being from the Inner Sphere[[/note]].
** On the other hand, if you're [[CombatPragmatist not the dueling sort]], you can tell the Clan you're going through with the Trial of Possession, and then attack the night before.
** The Clans also have the the tradition of ''batchall'', or battle challenge, which is a ritualized part of a battle (usually a Trial of Possession) in which the aggressor will challenge their opponent and state how many troops and weapons he will be bringing, and the defender will be allowed to answer with how many troops they will bring and state the battlefield. This then becomes something of a negotiation between the two to state how many units they'll bring to the battle (with the goal being to reduce the numbers as low as reasonably possible while still being able to win), and once the decision has been made, the two meet for their ritualized battle. When the Clans invaded the Inner Sphere, the Great Houses' militaries [[CombatPragmatist ruthlessly exploited this]] to fight in "dishonorable" battles since survival was at stake and they couldn't beat the Clans individually.

* ''WesternAnimation/StarTrekLowerDecks'': Occurs in "Temporal Edict." Under Gelrakian law, the accused must fight the Gelrakian champion. If Ransom wins, he and his away team will be freed. If he loses, he'll die in the arena and the away team will be crushed to death by the adjudication geode.