Law in Everyday Life

Judges determined guilt or innocence in a number of ways. In some cases, particularly those in which there was little clear evidence, they ordered a trial by ordeal. An accused person could be tried by fire or water. In the latter case, the accused was tied hand and foot and dropped in a lake or river. People believed that water was a pure substance and would reject anything foul or unclean. Thus a person who sank was considered innocent; a person who floated was found guilty. Trial by ordeal was a ritual that appealed to the supernatural for judgment.

Trials by ordeal are fascinating to modern audiences, but they were relatively rare, and their use declined over the High Middle Ages as judges and courts increasingly favored more rational procedures. Judges heard testimony, sought witnesses, and read written evidence if it was available. If the accused was found guilty, a punishment was imposed. Murder was a capital crime, as were a number of other violent acts, and executions took place outdoors on a scaffold. Hanging was the most common method of execution, although nobles might be beheaded because hanging was seen as demeaning. Minor crimes were punished by fines, corporal punishments such as whipping, or banishment from the area.

>QUICK REVIEW

What role did monarchs play in the development of law and order in the High Middle Ages?