Trial by Combat

When one thinks of courts and trials, one most likely thinks of the current system we have. However, that has not always been the case. In The Song of Roland, the character Ganelon is tried for his betrayal/treason against Roland and Charlemagne. His jury make their decision through a system called "trial by combat", in which the two sides (innocent or guilty) pick a person from their side and fight. The victor is the deciding side. In the end, the "prosecution" wins and Ganelon is killed.

Ganelon's death:


Trial by combat was a system of 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. The victor is said to win not by his own strength but because supernatural powers have intervened on the side of the right, the “judgment of God” was thought to determine the winner.

Illustration of a trial by combat:



Some aspects of trial by combat still exist today, for instance, a man in New York wants a trial by combat in a civil case: http://time.com/3989243/game-of-thrones-lawyer-trial-by-combat/


Sources:

  • The Song of Roland
  • https://en.wikipedia.org/wiki/Trial_by_combat
  • http://www.britannica.com/topic/ordeal-by-combat
  • http://iamnotmakingthisup.net/wp-content/uploads/2014/01/21ganelon5-covolo.jpg
  • https://upload.wikimedia.org/wikipedia/commons/e/e7/Gerichtskampf_mair.jpg


5 comments:

  1. These are really good pictures. Do you think trial by combat could be derived from the Romans and their gladiators. Sometimes, persons accused of crime would be put in the "arenas" and would fight for their life.

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  2. Wow! I had no idea that trial by combat was still news today. The link you included to the civil case was really interesting and was a great addition to the article! Great blog!

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  3. The whole idea of trial by combat is kind of funny to me. It is hard to believe that they thought this was a good system of justice. But, it is definitely a quicker way of settling things than our modern system!

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  4. If you are interested in trial by combat, check out Game of Thrones! :)) But remember that there were law courts in medieval Europe and this was outlawed in 1215 through canon law. Still, we know of cases, especially in cases where there was no clear decision. Anthropologically, letting God decide is a far better system for resolving disputes than letting two parties begrudge each other for decades; thus the system fits the needs of society, but will slowly fade away. Funny point, Kylie, about speed!

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  5. In answer to your question Eriq Kristek, while there seems to be a connection between gladiatorial fights and trial by combat, trial by combat is actually of Germanic tribal origins. Good question!

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Medieval University

Medieval University

Italy, 1400

Italy, 1400

900s, Jewelled crown

900s, Jewelled crown