TYPES OF TRIALS:

Trial By Ordeal

Trial by ordeal was when a person's innocence was tested by putting them in a dangerous position having them do a difficult test such as:

• swallowing poison
• pulling an object from boiling oil
• walking over nine red-hot ploughs
• carrying red-hot piece of iron over a certain distance
• if a burn got infected or blistered the judges would rule that person guilty

Trial By Battle

• trial by battle was when two nobles fought, usually until one of them died.
• the winner was assumed innocent because God would only protect an innocent person
• only noblemen had the right to trial by battle
• noblewomen could choose any champion to fight on her behalf
• trial by ordeal and trial by battle were common ways of deciding if a person was innocent or guilty but were outlawed later in the Middle Ages

TYPES OF COURTS:

Church Courts

only church courts could judge bishops, deacons, priests, clerks, monks and nuns

the church gave out lighter sentences than royal courts

they could not sentence death

all members of the clergy could read and write, therefore a literacy test sometimes used to prove that a person worked for the church, and should be tried in the more lenient (mild, merciful) church court

Manor Courts

• many of the disputes in the manor courts had to do with farming and property(using too much manure, ploughing another person's land)
• manor courts dealt with charges of assault, petty theft, public drunkenness and other small crimes
• this court would even allow serfs to sue if they felt it was unfair
• manor courts were like a village meeting, most of the villagers would attend
• witnesses were very important
• heavy fines were enforced for lying in the court
• villagers decided who won the case
• representatives of the lord, called stewards, acted as judges deciding the sentence of the court (which was uaually a fine)

Royal Courts

• took care of serious crimes such as murder, treason, rape, burglary, poaching game from royal forests, cutting trees or even taking deadwood for fuel from royal forests
• royal courts used the ³common law²
• it was called common law because it was the same for the whole kingdom
• royal courts could order the execution of murderers and theives
• after the execution of a criminal the court would take away all of his or her property

THE CHURCH AND THE LAW

• the church determined much of the culture of Europe, but it was a complex blend of Germanian, Christian and Roman cultures
• the church tried to bring help to the common people, making laws fairer and providing help for the poor in monastries
• in a violent society, dominated by men and warriors, the laws were rough, with justice favoring the strong
• much of the barbarian law revolved around superstition
• fines, of blood money, would be paid by the guilty and the amount would vary depending on the rank of persons killed
• fines were also paid to cover theft
• men were worth more than women but a woman of marriageable age was worth more than an old woman
• all cases were declared before God

Reference List

Cranny, Michael William. Pathways, Civilizations Through Time. Scarborough, Ontario: Prentice Hall. 1998

Inge, Jon. Inside the Middle Ages. Melbourne, Australia: Longman Chesire Ply Limited. 1986

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