Noting the 1819 'Appeal of Murder Act' - more formally An Act to abolish Appeals of Murder, Treason, Felony or other Offences, and Wager of Battel, or joining Issue and Trial by Battel, in Writs of Right (59 George III c.46)
1. Whereas Appeals of Murder, Treason, Felony and other Offences, and the Manner of proceeding therein, have been found to be oppressive; and 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 therefore enacted by The King’s Most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That from and after the passing of this Act, all Appeals of Treason, Murder, Felony or other Offences, shall cease, determine and become void; and that it shall not be lawful for any Person or Persons, at any time after the passing of this Act, to commence, take or sue Appeal of Treason, Murder, Felony or other Offence, against any other Person or Persons whomsoever, but that all such Appeals shall, from henceforth, be utterly abolished; any Law, Statute or Usage to the contrary in anywise notwithstanding.
2. And be it further enacted, That from and after the passing of this Act, in any Writ of Right now depending, or which may hereafter be brought, instituted or commenced, the Tenant shall not be received to wage Battel, nor shall Issue be joined nor Trial be had by Battel in any Writ of Right; any Law, Custom or Usage to the contrary notwithstanding.
There is a useful discussion of recent misunderstandings in Michael Smith, 'Trial by Combat in the Modern World' (2022) 27 Barry Law Review 73-104.
