Representative Essays in Modern Thought a Basis for Composition

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" It was therefore a great step in advance when ordeals, which had been adopted by the church after the barbarian invasions, were condemned by the Lateran Council of 1215. As a conse- quence they disappear in England after the reign of John, while the oath of compurgators is gradually converted into evidence to character. The ordeal by battle remained, but an alternative was offered in the form of a judicial inquiry with witnesses and evidence. The accused might, in English phrase, "put himself... upon his country, " i. E. , let his case go before a jury, men of his neighborhood knowing the facts and prepared to testify to them, or in French phrase the accused could be offered the "enqueste du pais. " ^ And this alternative, if at first optional, soon mani- fested its vast superiority, and the settlement of all disputes and all accusations by an impartial tribunal, which has heard what both sides have to say, becomes an integral part of the civilized order. But even-handed justice is not reached at one stride.

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