rhe most iniporrant proN isions ot the cixle for us are i;^2 easy task, and 7V i;2. If a man has witnesses who are prmed to he false, [each ot them] shall sustain a fine (tnu/rn) of fifteen solidi. He who accused them [the witnesses] ot gi\ ing false testimonv shall put his hand in the cauldron ]i.e., suhmit to the ordeal of hot water], and if he takes his hand out clean the\- shall sustain that tine noted ahoce. But if his hand sustains a dirtv hum(conhmrt), he [who accused the witnesses ot a false testimonv] shall sustain a fine of fitteen solidi [to each of the witnesses]. I'his te.xr shows us the nature of the test, hut perhaps more sigtiificanth’ indicates that the ordeal was not the only mode of proof wittiesses could he adduced, as here. Other methods of proof were also possible: oaths and oath-helpers. Oath-helpers were not witnesses, hut persons who could gi\ e e\ idence of the general character of a party. Rebecca \’. Ct)huan has pointed out in fact that in the Salic law, witnesses are mentioned six times more frequently than the ordeal. ' 'The question for us is why, if there was faith that (iod would ine\ itahK’ inter\ ene to gi\ e the right answer in the ordeal, w ere other methods of proof used.- .Vfter all, as the text ifidicates, w itnessses could lie. “y 2. .\nd if the man summoned ettmes to the place, then he who called him to court, if the case is such a minor one that the composition in\oKed is less than thirt\’-fi\ e solidi, should offer oath ( vidardumor ivcdrcdo) with six oathhelpers. .\nd afterwards he who had been summoned, if he helie\es it proper for him to do so in such a case, shall ahsoh e himself with the oaths of twel\ e oathhelpers. But if it is a more serious case, one where he who is found guilt\ will he liable to pay thirt\ -fi\e solidi or more (but less than fortv-five), he who summoned him to court shall offer oath {I'idnrdumor zi'fdirda) with nine oath26 De gloria martyrum80. 27 The translations are those of Drew, Salian Franks, at pp. 156 and i32f. respectively. 28 'Reason and Unreason in Medieval Law,' 4 lournal of InterdisciplinaryHistory[\g-7d), pp. 57iff. af P- 577; cf. Bartlett, Trial, p. 26. 136
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