Our Legal Heritage by S. A. Reilly
page 38 of 410 (09%)
page 38 of 410 (09%)
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the thief according to his wer. If he is an ealdorman, he shall
forfeit his shire, unless the King is willing to be merciful to him." - Judicial Procedure - Cases were held at monthly meetings of the community [folk-moot]. The King or his representative in the community, called the "reeve", conducted the trial by 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. If these "compurgators" were too few, usually twelve in number, or recited poorly, their party lost. If this process was inconclusive, the defendant was told to go to church and to take the sacrament only if he were innocent. If he took the sacrament, he was tried by the process of "ordeal". In the ordeal by cold water, he was bound hand and foot and then 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 |
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