Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776: June 2011 (Sixth) EditionReilly, S. A.
History
Our Legal Heritage: King AEthelbert - King George III, 600 A.D. - 1776: June 2011 (Sixth) Edition
Reilly, S. A.
Law -- England -- History
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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