Blog ||| Special Homages: Meister Eckhart / David Copperfield
| |
|
|
|
|
|
Start |||
The
Philosophical Europe ||| The Political Progress ||| European Witness ||| EU News
Blog ||| Special Homages: Meister Eckhart / David Copperfield |
|
From Hutton Webster's, Early European History (1917); edited for this on-line publication, by ELLOPOS
XV. FEUDALISM
» Contents of this Chapter
Page 8
THE OATH
Unlike a modern court, again, the feudal court did not require the accuser to prove his case by calling witnesses and having them give testimony. The burden of proof lay on the accused, who had to clear himself of the charge, if he could do so. In one form of trial it was enough for him to declare his innocence under oath, and then to bring in several "oath- helpers," sometimes relatives, but more often neighbors, who swore that they believed him to be telling the truth. The number of these "oath- helpers" varied according to the seriousness of the crime and the rank of the accused. This method was hardly as unsatisfactory as it seems to be, for a person of evil reputation might not be able to secure the required number of friends who would commit perjury on his behalf. To take an oath was a very solemn proceeding; it was an appeal to God, by which a man called down on himself divine punishment if he swore falsely.
ORDEALS
The consequences of a false oath were not apparent at once. Ordeals, however, formed a method of appealing to God, the results of which could be immediately observed. A common form of ordeal was by fire. The accused walked barefoot over live brands, or stuck his hand into a flame, or carried a piece of red-hot iron for a certain distance. In the ordeal by hot water he plunged his arm into boiling water. A man established his innocence through one of these tests, if the wound healed properly after three days. The ordeal by cold water rested on the belief that pure water would reject the criminal. Hence the accused was thrown bound into a stream: if he floated he was guilty; if he sank he was innocent and had to be rescued. Though a crude method of securing justice, ordeals were doubtless useful in many instances. The real culprit would often prefer to confess, rather than incur the anger of God by submitting to the test.
THE MAKING OF EUROPE / EARLY EUROPEAN HISTORY: Table of Contents
url: www.ellopos.net/politics/european-history/default.asp
Cf. The Ancient Greece * The Ancient Rome
Eastern Roman Empire (Byzantium) * Western Medieval Europe * Renaissance in Italy
