HSTR 385A Lecture 2: HSTR 385A
7 Feb 2017
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Document Summary
In northwestern europe there was no continuity of roman law from ancient times. The accused could be vindicated through compurgation: became less viable over time. Greater mobility newcomers to villages weren"t trusted, defense based on reputation couldn"t really be used. Population growth not everyone in the community knows each. Trial by ordeal was another option for the accused let god decide other as well: e. g. If the burns healed within a short time, the person was innocent. If the burns didn"t heal or got infected, the person was guilty: e. g. Sinking indicates innocence (but could lead to death) Swallowing a large mouthful without choking (innocent) or choking (guilty: e. g. Trial by combat (common in ireland) physical fight between accused (or designate) and accuser (or designate) Considered by the english to prove irish barbarism: not often used, only used if there was a strong feeling that a person was a witch and concrete proof was needed.
