The Customs of Old EnglandSnell, F. J. (Frederick John)
History
The Customs of Old England
Snell, F. J. (Frederick John)
England -- Social life and customs -- 1066-1485
By the word "recognition" in the above description is apparently
intended an inquisition into the circumstances by an assize or jury of
twelve sworn men under the presidency of the Justices. In the case of an
appeal--that is, where there was a private prosecutor, who was bound to
have some interest in the matter, e.g., as a blood-relation--this was
not allowed, and the onus of proving his innocence was thrown on the
accused.
It was otherwise when a man was taxed with homicide by the voice of
public fame. He was then attached either by pledges or by imprisonment;
and the Justices held a very strict and careful inquisition into the
case, as the result of which the accused might be wholly absolved, or he
might be compelled to resort to compurgation. The compurgators, few or
many, were at once judge, jury, and witnesses; and the final issue of
the proceedings lay with them and the accused himself, the Mayor and
Alderman making the preliminary arrangements and the King's Justices
seeing that the forms were duly observed.
We saw at the outset that purgation by oath was a privilege only
permitted to persons of good reputation, and that failure to secure the
testimony of his neighbours to his innocence, where his reputation had
been damaged, subjected a man to the judgment of water or fire. In Saxon
times every freeman had his _borh_ or surety, who presented him, if he
was accused. Should he be _tyht bysig_, of evil repute, he was forced to
undergo the triple ordeal without more ado; but if his lord gave him a
good character and seven of his neighbours came forward and swore that
oath had never failed him and that he had never paid _theof gyld_ (fine
for thieving), then he might make his election between a pound-worth
oath or single ordeal. If the seven persons summoned declined to take
the oath, the triple ordeal was inevitable, and if the guilt of the
accused was established by this process, he had to restore to the
accuser twofold, pay a fine to his lord, and find sureties that he would
abstain from evil for the future. If he absconded and avoided the
ordeal, the _borh_ was obliged to pay the _ceap-gyld_ or monetary value
of the article stolen to the accuser and the fine to the lord. If the
accused happened to be _theow man_ (servant), and he failed in the
ordeal, the law was that he should be branded the first time; the
second time, there was no _bot_, or reparation, but the head! Finally,
the appellor was obliged to swear by seven lawful men, who were to be
named, that he had laid upon the accused the necessity of the ordeal
neither from hatred nor from any other cause but that he might acquire
his right.
Public-domain text, read in full here on John Shaqi.
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