Medieval Justice in France, England, and Germany
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Questions and Answers

In the ordeal by water, what determined guilt if the accused sank and pulled the knot down with them?

  • The color of the water after they sank.
  • The speed at which they sank.
  • Whether both the accused and the knot floated subsequently. (correct)
  • The size of the splash created when they sank.

Ordeals were conducted swiftly, leaving little room for external influence or settlements.

False (B)

What role did clerics, such as St. Gregory, play in the legal processes involving ordeals?

peacemakers

Before undergoing an ordeal, the accused would spend three days in prayer and ________.

<p>fasting</p> Signup and view all the answers

What was used to seal the bandage after the ordeal by hot water?

<p>A judge's signet. (C)</p> Signup and view all the answers

Objective medical standards were strictly applied to determine if wounds from the ordeal by hot water were healing properly.

<p>False (B)</p> Signup and view all the answers

What sign from an ordeal determined guilt?

<p>A blister as large as half a walnut (A)</p> Signup and view all the answers

What role did compassion most likely play in determining the outcome of the ordeal?

<p>Compassion likely influenced the subjective judgment of guilt or innocence. (D)</p> Signup and view all the answers

What was the primary condition for using ordeals to determine guilt or innocence?

<p>When there was no other apparent way to ascertain the truth. (D)</p> Signup and view all the answers

The ordeal by hot water was frequently the first method employed to determine a person's guilt or innocence.

<p>False (B)</p> Signup and view all the answers

According to Hincmar of Reims, what Old Testament event did water in ordeal by hot water represent?

<p>the great flood</p> Signup and view all the answers

In the ordeal by hot water, for minor offenses, the accused had to thrust his hand into the water up to his ______.

<p>wrist</p> Signup and view all the answers

Match the person to their role:

<p>Hincmar of Reims = Canon lawyer and political expert Louis I the Pious = Frankish king Charles the Bald = Frankish king Queen Teutberga = Accused of sexual misbehavior</p> Signup and view all the answers

What was the significance of the water being heated for the ordeal by hot water?

<p>It brought to mind the Last Judgement and the fires of hell. (B)</p> Signup and view all the answers

What was King Lothar's motive for accusing Queen Teutberga of sexual misbehavior?

<p>He sought a divorce to marry his mistress and legitimize his children. (C)</p> Signup and view all the answers

In the oath sworn, what quality was affirmed about the defendant's oath?

<p>pure and not false</p> Signup and view all the answers

In the Saga of Saint Olaf, what concern did Sigurth Thorlakson express about undergoing the ordeal of hot iron?

<p>He feared the king would manipulate the ordeal's outcome. (C)</p> Signup and view all the answers

The primary purpose of ordeals was to provide a compassionate outcome for the accused.

<p>False (B)</p> Signup and view all the answers

According to Frederic William Maitland, what was a beneficial relationship to have when facing an ordeal?

<p>Good relations with the priest</p> Signup and view all the answers

Trial by battle, also known as the judicial duel, was a familiar custom to the continental Germanic peoples from about the year ______.

<p>500</p> Signup and view all the answers

Which factor played a decisive role in trial by battle?

<p>Physical strength and training (B)</p> Signup and view all the answers

In 1140, Pope Innocent II ordered that ecclesiastics should participate in judicial duels.

<p>False (B)</p> Signup and view all the answers

Under what legal framework could a woman potentially engage in trial by combat?

<p>Very rarely against her husband, with imposed conditions. (B)</p> Signup and view all the answers

Match the restrictions with the social class/status of the person.

<p>Serfs = Could not challenge freemen. Sick (e.g., lepers) = Could not challenge the healthy. Bastards = Could not challenge those who were legitimately born. Children = Were not allowed to fight.</p> Signup and view all the answers

What event is traditionally considered the end of the Roman Empire and the beginning of barbarian rule?

<p>The deposition of Romulus Augustulus by Odoacer. (B)</p> Signup and view all the answers

The term 'barbarian' was used by the Romans to describe anyone who did not adhere to Roman cultural practices, regardless of their language.

<p>False (B)</p> Signup and view all the answers

What role did some barbarians play within the Roman military before the collapse of the empire?

<p>federates/auxiliary troops</p> Signup and view all the answers

Odoacer held the title of '__________', the senior officer of the imperial guard, before deposing the last Roman emperor.

<p>magister militum</p> Signup and view all the answers

Which of the following regions was NOT controlled by barbarian kingdoms after the fall of the Roman Empire?

<p>Italy (C)</p> Signup and view all the answers

What factor is believed to have given impetus to the Germanic migrations into Western Europe?

<p>The expansion of the Huns from their homelands. (C)</p> Signup and view all the answers

Hunt Janin's book specifically examines medieval justice systems in countries such as France, Germany, and Italy.

<p>False (B)</p> Signup and view all the answers

Match each barbarian group with the region they controlled:

<p>Visigoths = Gaul and Spain Vandals = North Africa Salian Franks = Northern Gaul</p> Signup and view all the answers

What was the exception in the early legal system where men accused of a crime could engage in a duel?

<p>Accusation of being a werewolf and committing murder (C)</p> Signup and view all the answers

The transition from trial by combat to trial by jury was immediate and widely accepted across Europe.

<p>False (B)</p> Signup and view all the answers

According to the Lex Gundobada, what was the punishment for a man found guilty of murder in the guise of a wolf?

<p>Death</p> Signup and view all the answers

According to the excerpt from the Burgundian law code, if a man was proven to have carried off a garment from a ______ or a man's body, it was taken as evidence.

<p>gallows</p> Signup and view all the answers

Match the following countries with the periods or instances when trial by battle/judicial duel was in use or abolished:

<p>England = Formally abolished in 1819 France = Judicial duel not formally forbidden until the 18th century. Scotland = King offered suspects a choice between trial by combat or jury in the 1300s</p> Signup and view all the answers

In a marital duel, what was the consequence for the man if the woman won?

<p>He was executed. (A)</p> Signup and view all the answers

Monasteries never used trial by battle to settle disputes.

<p>False (B)</p> Signup and view all the answers

In marital duels, what advantage did the woman have over the man?

<p>The woman could move freely around the pit's edge, while the man was confined to a hole.</p> Signup and view all the answers

If a man touched the edge of the pit with his hand or arm during a marital duel, he had to surrender one of his ______ to the judges.

<p>clubs</p> Signup and view all the answers

Why did the monks of Bury St. Edmund choose trial by combat over a jury trial?

<p>They believed the local countryside was biased against them. (C)</p> Signup and view all the answers

In England, parties involved in non-criminal cases were allowed to fight in person during a trial by combat.

<p>False (B)</p> Signup and view all the answers

What might happen to a champion if they were defeated in a trial by combat?

<p>Amputation of a hand or foot, or even hanging.</p> Signup and view all the answers

What was the ideal role of the plaintiff's champion in a trial by combat related to property disputes in England?

<p>A witness to the plaintiff's possession of the disputed property. (D)</p> Signup and view all the answers

Flashcards

Trial by Battle

A method of resolving disputes or accusations through combat. It was used to prove innocence or guilt until abolished in 1819 in England.

Werewolf Clause

A legal provision that allowed individuals accused of murder in a wolf guise to fight in a duel to determine innocence.

Lex Gundobada

A Burgundian law code from about 500, which included the 'werewolf' as a synonym for thief and addressed werewolf-related crimes.

Judicial Duel

A combat between two accused individuals to prove innocence; more common in France until the 18th century.

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Trial by Jury

A legal process where a group of peers decides the fate of the accused, replacing trial by combat in Europe.

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Trial by Combat

A legal process where parties resolved disputes through physical fighting.

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Marital Duel

A combat between husband and wife to settle disputes with fatal stakes.

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Champion Fighting

Hiring someone to fight in a trial by combat on behalf of another.

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Freelance Champions

Professional fighters who sold their skills for trial by combat.

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Outcome Penalty

The consequence of losing a trial by combat, which could be death or dismemberment.

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Bury St. Edmund Monks

Monks who resorted to trial by combat over property disputes in 1287.

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Defendant's Champion

A fighter who defends against accusations made by the plaintiff.

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Ordeal of Hot Iron

A trial by fire where an accused must hold heated metal, believed to be a divine judgment.

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Medieval Justice

Legal practices and systems in Europe from the 4th to 15th centuries.

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The Coming of the Barbarians

Germanic migrations into Western Europe leading to kingdom formations.

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Sigurth Thorlakson

A ship captain wrongly accused of murder by a deceitful king.

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Barbarian Invasions

Migration processes perceived as invasions by Roman standards.

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Compassionate Outcomes

Possible mercy shown by judges during ordeals for honorable accused individuals.

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Federates

Barbarian tribes hired by Romans as auxiliary troops.

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Odoacer

Barbarian leader who deposed the last Roman emperor in 476.

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Restrictions on Combatants

Rules limiting who could participate in trial by battle, including gender and birth status.

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Pope Innocent II's Decree

An order from 1140 forbidding clergy from participating in judicial duels.

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Visigoths

A barbarian tribe that controlled parts of Gaul and Spain.

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Rarely Allowed Women Fighters

Instances where women could fight men in judicial duels, usually with special conditions.

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Alemanni

A Germanic tribe that held power in northern regions of Europe.

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Customary Law

Legal practices based on tradition rather than written statutes.

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German Law on Duels

Regulations defining combat rules, including weapon restrictions and how to level the playing field.

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Oath

A solemn promise, often invoking a divine witness, regarding one's future action or behavior.

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Ordeals

A method of trial used as a last resort to determine guilt or innocence.

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Ordeal by Hot Water

An ordeal involving the accused thrusting their hand into boiling holy water.

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Archbishop Hincmar of Reims

A notable figure who supported the ordeal by hot water in Carolingian times.

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Queen Teutberga

A historical figure who successfully defended her honor through an ordeal by hot water.

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Mass Celebration

A religious ceremony held prior to the ordeal, invoking divine support for truth.

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Single Ordeal

A simpler form of the ordeal where the accused only thrusts their wrist into hot water.

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Water Ordeal

A trial method where a person's guilt or innocence is determined by whether they sink or float in water.

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Knot Position

In the water ordeal, the knot's distance from the body indicated innocence if submerged with the person.

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Judicial Peacemakers

Individuals, often related to the accused, who attempted out-of-court settlements before formal trials.

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Role of Clerics

Clerics sometimes intervened in legal matters, influencing the outcomes of trials.

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Three Days of Fasting

Before the ordeal, the accused engaged in prayer and fasting, potentially seeking divine intervention.

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Subjective Judgments

Decisions made based on personal opinions rather than objective criteria, particularly in trials.

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Contemporary Medical Standards

In the Middle Ages, there were no clear criteria for assessing injury healing, allowing for subjective interpretation.

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Study Notes

Medieval Justice in France, England, and Germany (500-1500)

  • Period Covered: The book covers a thousand years, from the transformation of the Roman world (4th-5th centuries) to the European Renaissance (14th-15th centuries).
  • Focus: Justice systems in France, England, and, Germany.
  • Legal Systems: The book highlights the intricate and overlapping legal systems of the Middle Ages, tracing their evolution.
  • Modern Legacies: Examines how medieval laws influenced modern legal systems.
  • Historical Context: Discusses the societal and political context of the time, including the rise of barbarian kingdoms, the role of the church, and frequent warfare.
  • Inquisition: Provides a brief overview of the inquisition.
  • Joan of Arc: Includes commentary on the 27 articles of Joan of Arc.
  • Illustrations: The book includes illustrations of medieval courts, torture devices, important sites, and legal instruments.

Justice in the Early Middle Ages

  • Roman Rule's End: By 500 CE, Roman influence in Western Europe had significantly decreased.
  • Social Instability: The Early Middle Ages was characterized by warfare, the decline of urban life, and a fragmented political landscape.
  • Church's Role: The church became a primary source for social unity.
  • Coexisting Legal Systems: Barbarian law and Roman law coexisted.
  • Barbarian Invasions (Migrations): In reality, the influx of Germanic tribes was more accurately described as migrations sparked by the westward expansion of the Huns.
  • Odoacer's Role: Barbarian chieftain Odoacer deposed the last Roman emperor in 476 CE, marking a pivotal shift in power.
  • Barbarian Law's Structure: This legal system derived from tribal customs, prioritizing personal law and "wergeld" (man-price).

Barbarian Law

  • Personal Law: Barbarian law was personal rather than territorial; meaning individuals were subjected to the laws of their tribe.
  • Customs: Trial by battle, compurgation (oath swearing), and ordeals (e.g., hot water, hot iron, cold water) were common methods of proof.
  • Wergeld: Monetary compensation for damages, reflecting the perceived value of the individual.
  • Blood Feuds: Conflicts between kin groups resulting in retaliatory killings.
  • Kin Groups: Responsible for bringing wrongdoers to justice, but blood feuds were a common outcome.
  • King's Role: Barbarian law wasn't typically issued by the king but grew out of tribal customs.

Roman Law's Survival

  • Continuous Use: Roman law endured, though adapted and incorporated into various legal systems.
  • Codes: The Theodosian Code was one surviving compilation of Roman law, with subsequent abridgements in later periods.

Personal Law and Conflicts

  • Dual Legal Systems: Different legal systems, Roman and barbarian law, coexisted in the same regions, creating legal complexities.
  • Personal Law's Nature: Barbarian law was based on the individual's tribe affiliation, not the location of the crime.
  • Legal Jurisdiction: Conflicting legal jurisdictions caused significant problems.

Medieval Justice (Continued)

  • Conflict of Jurisdictions: The coexistence of different legal systems led to conflicting legal jurisdictions, creating challenges.
  • Wergeld Variation: The value of wergeld varied according to social status (lords, clergy) and freedom status.
  • Proof of Innocence/Guilt: Medieval methods often sought divine intervention to determine guilt or innocence (ordeals).
  • Ordeals: Methods like the ordeal of hot water, hot iron, and cold water, sought divine judgement.

Compurgation

  • Swearing Oaths: Defendants and compurgators (oaths helpers) swore oaths to demonstrate innocence.
  • Common Method: Compurgation was a prevalent method of proof.

Ordeals as a Last Resort

  • Divine Judgement: Ordeals aimed to ascertain divine judgment, prioritizing faith over human trial specifics.
  • Varied Methods: Different ordeals included hot iron, cold water among other practices.
  • Limited Use: The system, despite its faith-based nature often served as a mechanism for a fair judicial process based on local custom and custom. Cases that proved difficult to judge were more easily determined by ordeals.
  • Fourth Lateran Council (1215): This council restricted priestly participation, effectively undermining the ordeal's theological basis, making it less influential from that point onward.

Trial by Battle

  • Judicial Duel: Trial by combat was a common recourse, particularly in cases without clear alternatives.
  • Exclusions: Trial by battle was restricted to certain individuals based on social status (nobles, freemen). Serfs, lepers, the sick etc were excluded.
  • Women: Women generally excluded but in rare cases were allowed to challenge their husband.
  • Outcome: Death as a penalty.
  • Decline in Use: By the 15th century, trial by combat gradually fell out of favor, eventually becoming obsolete after 1819.

Champions

  • Hired Fighters: Individuals could hire champions to fight on their behalf in trial by combat.
  • Professionals: Professional champions emerged, often serving both criminal rights as well as those of individuals that might have been unfairly targeted.

Failures of Judicial Duel

  • Doubt: Certain influential people raised concerns about trial by combat being unreliable, unjust, and lacking legitimacy.
  • Clerical Opposition: Clergy played significant roles in the criticism of trial by combat.

Illustrative Cases (e.g., Werewolf Clause)

  • Werewolf Clause: A Medieval example of early legal efforts to define specific offenses, reflecting the social and cultural beliefs of the period.

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Medieval Justice: Cases and Laws in France, England, and Germany, 500-1500 PDF

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Explore medieval justice systems in France, England, and Germany from 500-1500. The book traces the evolution of legal systems, their historical context, and their influence on modern law. It also includes commentary on the inquisition and Joan of Arc.

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