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Fantasy Wargaming

Trials

Trials as we know them do not exist. Where there is an inquest to determine the nature of the crime, it is not concerned with protecting the rights of the accused — or with the modern process of deductive investigation. Mostly, punishment is simply handed down as soon as the authorities learn of a crime. A man who has failed to comply with town law is likely to simply be notified that he owes a fine. There is no process to challenge or appeal this.

The most common court is the manorial court. Run by the feudal lord of a manor, or, more commonly, a freeman designated to preside in his absence, this meets every so often and handles outstanding manor business. Mostly, this consists of going down the list of crimes committed and handing out fines or other punishments. The accused are notified that they must appear (usually by the reeve), and business is swift and matter-of-fact. The court also handles any complaints by the serfs that their feudal rights have been abridged, and is the only real way that serfs have of complaining to their lord.

In towns, courts are run by town governments, but otherwise operate much like the manorial court. The purpose of the lawbreaker's appearance is mostly to be told how much he will be fined.

Freemen of the martial class, particularly pagans, have other options when it comes to trial. These are called ordeals in Christendom, and the most common one is by combat. The accused and the accuser meet in combat (either single or with men-at-arms), and the winner is the one who was right. This right is even more protected in pagan Scandinavia, where the duel, or holmgang, between two men is the fundamental way of settling disputes. Duels can be fought to the death, to first blood, or to almost any other point. The point is that, in both cultures, might literally makes right — a man can prove his innocence or someone else's guilt simply by being tougher in a fight.

There are other ordeals in Christendom, too, and some aren’t just for freemen. Most involve some form of suffering that must be endured. The ordeal by water, for example, is a very familiar trial for suspected witches — if the accused sinks, he must not be using witchcraft, so he is innocent (and possibly drowned). A rather gruesome (and rare) ordeal for freeman suspected of perjury is slow dismemberment. If the man dies before retracting his statement, he is cleared of the charges!

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