- Judicial Procedure -
Cases were held at monthly meetings of the hundred court. The king
or one of his reeves, conducted the trial by compurgation.
In 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. The value of a man's oath was commensurate with his
value or wergeld. A man's brothers were usually his compurgators.
If these "compurgators" were too few, usually twelve in number, or
recited poorly, their party lost. If this process was
inconclusive, the parties could bring witnesses to declare such
knowledge as they had as neighbors. These witnesses, male and
female, swore to particular points determined by the court.
If the witnesses failed, the defendant was told to go to church
and to take the sacrament only if he or she were innocent. If he
or she took the sacrament, he or she was tried by the process of
"ordeal", which was administered by the church. In the ordeal by
cold water, he was given a drink of holy water and then bound hand
and foot and thrown into water. If he floated, he was guilty.
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