Trial by combat

Trial by combat (also wager of battle, trial by battle or judicial duel) was a method of Germanic law to settle accusations in the absence of witnesses or a confession in which two parties in dispute fought in single combat; the winner of the fight was proclaimed to be right. In essence, it was a judicially sanctioned duel. It remained in use throughout the European Middle Ages, gradually disappearing in the course of the 16th century. Unlike trial by ordeal in general, which is known to many cultures worldwide, trial by combat is known primarily from the customs of the Germanic peoples. The practice was "almost universal in Europe" according to medievalist Eric Jager. It was in use among the ancient Burgundians, Ripuarian Franks, Alamans, Lombards, and Swedes. It was unknown in Anglo-Saxon law and Roman law and it does not figure in the traditions of Middle Eastern antiquity such as the code of Hammurabi or the Torah. However, it is recorded in the medieval Irish Brehon Laws, such as Din Techtugad. The practice is regulated in various Germanic legal codes. Being rooted in Germanic tribal law, the various regional laws of the Frankish Empire (and the later Holy Roman Empire) prescribed different particulars, such as equipment and rules of combat. The Lex Alamannorum (recension Lantfridana 81, dated to 712–730 AD) prescribes a trial by combat in the event of two families disputing the boundary between their lands. A handful of earth taken from the disputed piece of land is put between the contestants and they are required to touch it with their swords, each swearing that their claim is lawful. The losing party besides forfeiting their claim to the land is required to pay a fine. Capitularies governing its use appear from the year 803 onwards. Louis the Pious prescribed combat between witnesses of each side, rather than between the accuser and the accused, and briefly allowed for the Ordeal of the Cross in cases involving clerics. In medieval Scandinavia, the practice survived throughout the Viking Age in the form of the holmgang.

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Compurgation

Compurgation, also called trial by oath, wager of law, and oath-helping, was a defence used primarily in medieval law. A defendant could establish their innocence or nonliability by taking an oath and by getting a required number of persons, typically twelve, to swear they believed the defendant's oath. The wager of law was essentially a character reference, initially by kin and later by neighbours (from the same region as the defendant), often 11 or 12 men, and it was a way to give credibility to the oath of a defendant at a time when a person's oath had more credibility than a written record.

Trial by ordeal

Trial by ordeal was an ancient judicial practice by which the guilt or innocence of the accused was determined by subjecting them to a painful, or at least an unpleasant, usually dangerous experience. In medieval Europe, like trial by combat, trial by ordeal, such as cruentation, was sometimes considered a "judgement of God" (jūdicium Deī, Godes dōm): a procedure based on the premise that God would help the innocent by performing a miracle on their behalf.

Trial

In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal, which may occur before a judge, jury, or other designated trier of fact, aims to achieve a resolution to their dispute. Where the trial is held before a group of members of the community, it is called a jury trial. Where the trial is held solely before a judge, it is called a bench trial.

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