Page:General History of Europe 1921.djvu/265

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The Period of Invasions 189 customs of the Romans would tend to prove that the invaders formed but a small minority of the population. Since hundreds of thousands of barbarians had been absorbed during the previous five centuries, the invasions of the fifth century can hardly have made an abrupt change in the character of the population. Indeed, the Germans and older inhabitants of the Empire ap- pear to have had no dislike for one another except in matters of religion. The Prankish kings often appointed Romans to impor- tant positions, just as the Romans had previously selected the Germans. The two races were distinguished in one respect, how- ever; each had its own particular law. 298. Laws of the Barbarians. The West Goths were probably the first to write down their ancient laws, using the Latin lan- guage for the purpose. Their example was followed by the Franks, the Burgundians, and later by the Lombards. These codes make up the "Laws of the Barbarians," which form our most important source of knowledge of the habits and ideas of the Germans at the time of the invasions. 299. Medieval Trials. The German laws did not provide for trials in the modern sense of the word. Instead of a decision based on evidence, one of the parties to the case had to prove that his side was right by one of the following methods : 1. He might solemnly swear that he was telling the truth, and get as many other persons of his own class as the court required to swear that they believed that he was telling the truth. This was called compurgation. It was believed that God would punish those who swore falsely. 2. On the other hand, the parties to the case, or persons repre- senting them, might meet in combat, on the supposition that Heaven would grant victory to the right. This was the so-called wager of battle. 3. Lastly, one or other of the parties might be required to sub- mit to the ordeal in one of its various forms : He might plunge his arm into hot water or carry a bit of hot iron for some distance, and if at the end of three days he showed no ill effects the case was decided in his favor. Or he might be ordered to walk over