Our Legal Heritage : 600-1776 King Aethelbert - King George IIIReilly, S. A.
History
Our Legal Heritage : 600-1776 King Aethelbert - King George III
Reilly, S. A.
Law -- England -- History
In compurgation, the one complaining, called the "plaintiff", and
the one defending, called the "defendant", each told their story
and put his hand on the Bible and swore "By God this oath is clean
and true". A slip or a stammer would mean he lost the case.
Otherwise, community members would stand up to swear on behalf of
the plaintiff or the defendant as to their reputation for
veracity. The value of a man's oath was commensurate with his
value or wergeld. A man's brothers were usually his compurgators.
If these "compurgators" were too few, usually twelve in number, or
recited poorly, their party lost. If this process was
inconclusive, the parties could bring witnesses to declare such
knowledge as they had as neighbors. These witnesses, male and
female, swore to particular points determined by the court.
If the witnesses failed, the defendant was told to go to church
and to take the sacrament only if he or she were innocent. If he
or she took the sacrament, he or she was tried by the process of
"ordeal", which was administered by the church. In the ordeal by
cold water, he was given a drink of holy water and then bound hand
and foot and thrown into water. If he floated, he was guilty. If
he sank, he was innocent. It was not necessary to drown to be
deemed innocent. In the ordeal by hot water, he had to pick up a
stone from inside a boiling cauldron. If his hand was healing in
three days, he was innocent. If it was festering, he was guilty. A
similar ordeal was that of hot iron, in which one had to carry in
his hands a hot iron for a certain distance. The results of the
ordeal were taken to indicate the will of God. Presumably a person
convicted of murder, i.e. killing by stealth, or robbery [taking
from a person's robe, that is, his person or breaking into his
home to steal] would be hung and his possessions confiscated. A
bishop's oath was incontrovertible. Accused archbishops and
bishops could clear themselves with an oath that they were
guiltless. Lesser ranks could clear themselves with the oaths of
three compurgators of their rank or, for more serious offenses,
undergo the ordeal of the consecrated morsel. For this, one would
swallow a morsel; if he choked on it, he was guilty.
Any inanimate or animate object or personal chattel which was
found by a court to be the immediate cause of death was forfeited
as "deodand", for instance, a tree from which a man fell to his
death, a beast which killed a man, a sword of a third party not
the slayer that was used to kill a man. The deodand was to go to
the dead man's kin so they could wreak their vengeance on it,
which in turn would cause the dead man to lie in peace.
This is a lawsuit regarding rights to feed pigs in a certain
woodland:
Public-domain text, read in full here on John Shaqi.
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