Not so frequently employed, but still occasionally met with in ancient
history, was the ordeal of compurgation, where the innocence of the
accused was sworn to by his friends, and judgment went against the party
whose kindred refused to come forward, or who failed to provide the
necessary number of compurgators. It was a conflict of numerical strength,
and the higher number carried the day.
Another custom, still surviving, was to tie a key in a Bible opened at
Psalm L, verse 18, "When thou sawest a thief, then thou consentedst with
him," and balance the whole, the belief being that the book would turn in
the hands of a guilty person.
Challenging the accuser to mortal combat was a proceeding which found much
favour with the warlike spirit of the middle ages. Of course it was
considered that Providence would defend the right, even if a miracle were
needful, but nevertheless each party placed considerable reliance on his
own strength of arm and fighting skill. These judicial combats were in
ancient times practised among the Jews, and were also common in Germany in
remote ages, though they do not find mention in Anglo-Saxon laws, and
were apparently not in use in England until after the Norman Conquest. In
Germany a bier was placed in the midst of the lists, accuser and accused
stood respectively at the head and foot, and remained for some minutes in
profound silence before they commenced fighting. Civil, criminal, and
military cases were, in the absence of sufficient direct evidence, decided
by means of the judicial combat or wager of battel. The offended party had
the right to challenge his accuser to settle the dispute by force of arms,
and the forms and ceremonies connected with the trial are well illustrated
in the opening scenes of "King Richard II." The combat took place in the
presence of the court itself, Heaven being expected to give the victory to
the innocent or injured party. It was commonly resorted to in charges of
treason, as in the above-mentioned dispute between Henry Bolingbroke and
Thomas Mowbray, when the ceremonies were of an imposing character. As in
the majority of ordeals, deputies could be chosen to perform the requisite
duties, but the principals were in all cases answerable for the
consequences. No commoner was allowed to challenge a peer of the realm,
nor could the citizens of London, for some obscure reason, indulge in
these popular forms of legal administration. Each of the combatants
professed his willingness to make good his claims, body for body--
"For what I speak
My body shall make good upon this earth,
Or my divine soul answer it in heaven."
Public-domain text, read in full here on John Shaqi.
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