Montesquieu

It was of course the case that appeals, which were pro­vo­ca­tions to com­bat, had to be made at once. “If he lea­ves the court without appea­ling,” says Beaumanoir, “he loses his appeal, and holds the ver­dict as good.”1 This sub­sis­ted, even after all the res­tric­tions on judi­ciary com­bat.2

Ch. lxiii, p. 327, Ibid., ch. lxi, p. 312.

See Establishments of St. Louis, book II, ch. xv (Ordinance of Charles VII of 1453).