CH A LI, EN G E, (Calumnia) is generally understood, in common lahguage, to signify a summons or provoca tion to figiit a duel, in consequence of an all ront offered in derogation of honour. This is considered, in law, as an offence against the peace ; and, therefore, to send a verbal or written challenge, or to be the bearer of it, are punishable by fine and imprisonment, according to cir cumstances. The merely endeavouring to provoke ano ther to send a challenge is also deemed a high offence ; and if the challenge arise on account of money won by gaming, the offender, by Stat. 9 Ann. c. 14. shall forfeit all his goods to the crown, and suffer two years impri sonment. The Court of King's Bench frequently grant informations against persons sending challenges to jus tices of the peace, and in other heinous cases. See DUEL.
Challenge is also a legal term, and generally signifies an exception taken against jurors, who are returned by the sheriff to pass on a trial. Challenges to jurors, in civil cases, are of two sorts, challenges to the array, and challenges to the polls. Challenges to the array arc an exception at once to the whole panel, in which the jury are arrayed by the sheriff in his return, and may be made upon account of partiality, or some default in the sheriff or his under officer. Although there should be no personal objection against the sheriff, yet it is a good ground of challenge to the array, if he arrays the panel at the nomination, or under the direction of either party. Challenges to the polls are exceptions to particular jurors, and are made, 1. Propter honoris respectum ; as if a lord of parliament be impanelled on a jury, he may be chal lenged by either party, or may challenge himself. 2. Propter defect um, on account of a sus, icion of biass or partiality. This may be either a principal challenge, or to the favour. A principal challenge is when the cause
assigned carries with it prima facie evident marks of suspicion : Challenges to the favour, on the other hand, are when only probable circumstances of suspicion are assigned, the validity of which is left to the determina tion of triors, who are two indifferent persons named by the court. 4. Propter delictum, on account of some crime or misdemeanour, which affects the person's credit, and renders him infamous.
Challenges upon any of the foregoing accounts are stiled challenges for cause ; and they may be made with out limitation in both civil and criminal trials. But in trials for felony, the English law, in favorem viter, allows the prisoner a peremptory challenge to a certain number of jurors, without shelving any cause at all. By stat. 22 Hen. VI II. c. 14. the number of peremptory challenges is limited to twenty. This privilege of peremptory chal lenges is denied to the king, by stat. 33 Edw. I. st. 4. It is held, however, that the king need not assign his cause of challenge till all the panel is gone through, and un less there cannot be a full jury without the persons so challenged ; in which case the king's counsel must shew cause, otherwise the juror shall be sworn. In eases of high treason, the prisoner may, by stat. 7 \V.I 11. peremp torily challenge thirty-five jurors.
Members of a court martial may he challenged by the prisoner on the score of partiality. The prisoner, however, must assign his cause of challenge, of the relevancy, propriety, and validity of which the members are themselves the judges. This privilege of challenge, on courts martial, is competent to the prosecutor as well as to the prisoner. See Jun v. Blackstone's Comment. b. iii. ch. 23. and I). iv. ch. 97. Jacob's Law Diet. (z)