History of the Anglo-Saxons, from the Earliest Period to the Norman Conquest: Second Edition — John Stuart Mill — John Shaqi
History of the Anglo-Saxons, from the Earliest Period to the Norman Conquest: Second Edition
John Stuart Mill · en
Nearly the first act that disgraced the reign of Hardicanute, was his
disinterment of the body of Harold; which, after having exhumed and
decapitated, he commanded to be thrown into the Thames, from which it
was taken out by a Danish fisherman, and again interred in a cemetery
in London, where the Danes only buried their dead. His next act was
to summon earl Godwin before a court of justice, in which he was
accused of being instrumental in procuring the death of Alfred. At
the appointed day Godwin appeared; and, according to a law which was
at that period extant, procured a sufficient number of witnesses to
swear that they believed he was innocent of the crime of which he was
accused. Godwin stepped forward, and swore, by the holy sacrament,
"In the Lord: I am innocent, both in word and deed, of the charge of
which I am accused." The witnesses then came forward, and taking the
oath, exclaimed, "In the Lord: the oath is clean and upright that Earl
Godwin has sworn." Simple and inefficient as such a mode of trial may
appear, it must be borne in mind that perjury was in those days visited
with the severest punishment; not confined merely to bodily pain, the
infliction of a heavy penalty, or the loss of worldly goods--but a
perjured man was classed with witches, murderers, sorcerers, the wolf
heads, and outcasts of society; and if slain, no one took cognizance of
his death; he was debarred even from the trial of ordeal, and whether
he was murdered or died, was refused the rites of Christian burial.
Although Alfred had established the trial by jury, such a judicial
custom as Godwin availed himself of continued to exist after the Norman
conquest.