INTRODUCTION
I must admit that I do not have much creativity; therefore, I adhere to one fast rule that I learned from my college "methods" course: "Beg, steal or borrow." In this lesson I have done a little of each. The lesson only takes about 25 minutes.
OBJECTIVES
Read the section about the medieval legal process from the CRF book Of Codes and Crowns, pp. 43-46. This will give you some general information about the Norma and Anglo-Saxon customs.
In our sophomore curriculum we begin the school year with Western Civilization starting with William the Conqueror. We quickly delve into Norman and Anglo-Saxon customs. This is where I cover the concepts:
I. Trial By Oath
In explaining this I state how a person needs to receive affirmation from character witnesses by an Oath. It is necessary to explain how fearful these people were of God's wrath, especially if they lied under oath. I also stress how those stating the oath had their own reputation on the line.
II. Trial By Ordeal
Activity: Have a student volunteer to stand on his head for 30 seconds, or stand and hold their foot to their forehead. Whatever the case it needs to have a bit of difficulty to it. If you want to get messy make them put their arm in a mixture of something gross, like ketchup and syrup combined (there is always someone squeamish in your classroom.) If they live through the experience (which they all will) it will demonstrate the concept of Trial By Ordeal.
In explaining this point I try to show the fears of the common man. If they lived through the ordeal (putting their arm in boiling oil without it getting infected) they were declared not guilty. If their arm did get infected they received punishment and were declared guilty. It is interesting to see how students pick up the fact that either way, barbaric or not, the method is foolproof-- the suspect will always be punished under this ordeal. You may want to ask the class if this is a fair manner in measuring justice, because the innocent will be punished for the crime.
III. Trial By Combat
Activity: Choose two people in the class. Clear out the desks in order to have one open area. Set up a goal area on each end (like in soccer). Choose two persons as contestants. Give them a straw and make them get on their hands and knees. Put them face to face with their backs facing the goals and place a ping-pong ball on the floor. Have them compete against each other in trying to score a goal. Soon the class will be cheering and you too will get a few laughs watching the competition. In this competition it doesn't matter how strong you are, or athletic. Everyone comes to the table on equal terms.
After this activity you can explain how Trial By Combat worked. The looser was the guilty party because God's justice will always be with the righteous. However, we do know that certain lords, during the mid evil times, tried to tip the scale by hiring out a "champion" to act on behalf of them in the "Trial By Combat".
Activity: Keeping the chairs spread around the class with an open space in the middle choose two kids to arm wrestle. After the first couple of competitions see if any student wants to have someone arm wrestle in place of them. Usually someone will choose a big weight lifter or wrestler to compete for him or her. When this happens students will say "unfair". This is a perfect time to explain the idea of using a "Champion". Some teachers even bring up the story of David and Goliath and how each were selected as a "King's Champion".
Wrap Up
In doing these exercises I try to wrap things up by seeing any similarities in our own legal system. Students will recognize certain things we do in our own legal systems like: taking an oath or having character witnesses in a criminal trial. Some students will see trial by ordeal having similar characteristics with taking a DNA or lie detector test in order to prove innocence. Although we do not have trial by combat some students will say that we have an adversarial system which is like "combat". Whatever the case it does get students thinking.
Extras In order to reinforce the concept of trial by combat I show a portion of the movie El Cid a few days later. The section that I show is in the first 40 minutes, specifically the joust. Yes, I know the movie is about a Spanish hero, nevertheless the idea of trial by combat is shown quite well. In the film clip Charlton Heston (our hero) is accused of murder. In order to prove his innocence he must fight another champion. Before the fight he prays to God that justice might prevail, and that his victory might prove his innocence.