Before the Conquest, and for long after, local justice in England was
administered by two courts--that of the Hundred and that of the Shire.
The first nominally consisted of the freeholders of the district,
but the real business was done by a Committee of Twelve. The second
was made up of the chief men of the district, and representatives
from each township; but here, again, the work was left to a select
few. If a man were charged with (say) theft before either court, he
was tried in a fashion vastly different from that obtaining to-day.
The complainant was sworn on the holy relics: "By the Lord I accuse
not this man either for hatred, or for envy, or for unlawful lust of
gain." This solemn accusation made out a _primâ facie_ case against
the suspect, who instantly rebutted oath with oath. "By the Lord I
am guiltless, both in deed and in counsel of this charge." Then he
produced twelve compurgators, who swore by the Lord, "The oath is clean
and unperjured which this man hath sworn"; then the prisoner went free.
These compurgators were witnesses to character. Their testimony had
no reference to the particular facts of the case; they simply alleged
their belief in accused's innocence, but sometimes their oath "burst"
(as the curious technical phrase ran), that is, he could not find
compurgators, or those he produced said little good of him; or he was
a stranger of whom nothing was known; or a Welshman whose veracity has
never been an article of faith; or the accused was caught with his
booty; or was a woman; or the charge was peculiarly odious, as treason,
or witchcraft; then in all these cases there was an appeal to the
_Judicium Dei_, the Creator was called upon to prove beyond dispute the
guilt or innocence of the accused.
Public-domain text, read in full here on John Shaqi.
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