ious
districts. The commissioner appointed groups of local men to give
a collective verdict upon oath for each trial he conducted. The
Conquerer allowed, on an ad hoc basis, certain high-level people
such as bishops and abbots and those who made a large payment, to
have land disputes decided by an inquiry of recognitors. Besides
royal issues, the Curia Regis heard appeals from lower court
decisions. It used English, Norman, feudal, Roman, and canon law
legal principles to reach a decision, and was flexible and
expeditious.
A dispute between a Norman and an English man over land or a
criminal act could be decided by trial by combat [battle]. Each
combatant first swore to the truth of his cause and undertook to
prove by his body the truth of his cause by making the other
surrender by crying "craven" [craving forgiveness]. The combatants
used weapons like pickaxes and shields. Presumably the man in the
wrong would not fight as well because he was burdened with a
guilty conscience. Although this trial was thought to reflect
God's will, it favored the physically fit and adept person. After
losing the trial by combat, the guilty person would be punished
appropriately.
London had its own traditions. All London citizens met at its
folkmote, which was held three times a year to determine its
public officers, to raise matters of public concern, and to make
ordinances. Its criminal court had the power of outlawry as did
the county courts. Trade, land, and other civil issues were dealt
with by the Hustings Court, which met every Monday in the
Guildhall. The city was divided into wards, each of which was
under the charge of an elected alderman [elder man]. (The election
was by a small governing body and the most wealthy and reputable
men and not a popular election.) The aldermen had special
knowledge of the law and a duty to declare it at the Hustings
Court. Each alderman also conducted wardmotes in his ward and
decided criminal and civil issues between its residents. Within
the wards were the guilds of the city.
The Normans, as foreigners, were protected by the king's peace.
The entire hundred was the ultimate surety for murder and would
have to pay a "murdrum" fine of 31 pounds [46 marks] for the
murder of any Norman, if the murderer was not apprehended by his
lord within a few days. The reaction to this was that the murderer
mutilated the corpse to make identification of ethnicity
impossible. So the Conquerer ordered th
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