General History of Civilisation in Europe, From the Fall of the Roman Empire Till the French Revolution. A Treatise on Death Punishments.Guizot, François
History
General History of Civilisation in Europe, From the Fall of the Roman Empire Till the French Revolution. A Treatise on Death Punishments.
Guizot, François
Europe -- Civilization
The church laboured likewise for the suppression of a great many
barbarous practices, and for the amelioration of the criminal and
civil legislation. Although containing certain principles of
liberty, the laws were absurd, and fruitful of injustice; the
most stupid ordeals, the judicial combat, and the unsupported
oaths of a specified number of men, were esteemed the only means
of arriving at the discovery of truth. The church strove to have
more rational and legitimate means substituted. I have already
spoken of the difference observable between the laws of the
Visigoths, derived principally from the councils of Toledo, and
the other barbarian laws. It is impossible to compare them,
without being struck with the immense superiority of the ideas of
the church on the subject of legislation and the administration
of justice, in all that relates to the investigation of truth and
of what is befitting to man. Doubtless most of these ideas were
borrowed from the Roman legislation; but if the church had not
preserved and asserted them, and done its utmost to propagate
them, they would certainly have perished. For example, the
employment of the oath in process is wisely regulated in the law
of the Visigoths.
'Let the judge, in order fully to understand the cause, first
interrogate the witnesses, and then examine the writings, so that
the truth may be discovered with more certainty, and the oath not
too lightly administered. A determination according to truth and
justice requires that the writings on both sides be carefully
examined, and that the necessity for the oath, kept in suspense
over the heads of the parties, come upon them unexpectedly. Let
the oath be administered only in causes in which the judge shall
not succeed in discovering any writing, any proof, or any certain
clue to the truth.'--(For. Jud. 1. ii. tit. i. 1. 21.)
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