单选题
Community courts and community justice prevailed in England at the time of the Norman Conquest. The legal system was ritualistic, dependent upon oaths at most stages of lawsuit. The proceedings were oral, very personal, and highly confrontative. Juries were unknown. One party publicly "appealed", or accused, the other before the community meeting at which the presence of both was obligatory. To be absent meant risking fines and outlawry. After the preliminary statements of the parties, the court rendered judgment, not on the merits ot7 the issue nor the question of guilt or innocence, but on the manner by which it should be resolved. Judgment, in other words, preceded trial because it was a decision on what form the trial should take. It might be by ordeal, or, after the Norman Conquest, by battle. Excepting trial by battle, only one party was tried or, more accurately, was put to his "proof". Proof being regarded as an advantage, it was usually awarded to the accused party; in effect he had the privilege of proving his own case.
Ordeals were usually reserved for more serious crimes, for persons of bad reputation, for peasants, or for those caught with stolen goods. The accused underwent a physical trial in which he called upon God to witness his innocence by putting a miraculous sign upon his body. Cold water, boiling water, and hot iron were the principal ordeals, all of which the clergy administered. In the ordeal of cold water, the accused was trussed up and cast into a pool to see whether he would sink or float. On the theory that water which had been sanctified by a priest would receive an innocent person but reject the guilty, innocence was proved by sinking and guilt by floating. In the other ordeals, one had to plunge his hand into a cauldron of boiling water or carry a red hot piece of iron for a certain distance, in the hope that three days later, when the bandages were removed, the priest would find a "clean" wound, one that was healing free of infection. How deeply one plunged his arm into the water, how heavy the iron or great the distance it was carried, depended mainly on the gravity of the charge.
The Normans brought to England still another ordeal, trial by battle. Trial by battle was a savage yet sacred method of proof which was also thought to involve divine judgment on behalf of the righteous. Rather than let a wrongdoer triumph, God would presumably strengthen the arms of the party who had sworn truly to the justice of his cause. Right, not might, would therefore conquer. Trial by battle was originally available for the settlement of all disputes but eventually was restricted to cases of serious crime.
单选题
Being "put to his proof" most nearly means the person was ______
【正确答案】
C
【答案解析】[解析] put to the proof意为“证明,验证”。第一段倒数第二句的意思是:除了通过决斗的方式判决外,只有一方受审,或更确切地说,是提供“证据”证明自己无罪。
单选题
In a trial by ordeal, innocence could be proven by ______
单选题
It is implied that the trials discussed in the text used judges to ______
【正确答案】
A
【答案解析】[解析] 第一段提到,诉讼双方陈述以后,法庭做出裁决,但不是评价其中的是非曲直,也不是判定谁有罪或无罪,而是决定审判的方式。换言之,裁决先于审判,因为裁决的内容是审判采用何种方式,可以实行神裁法(trial by ordeal),在诺曼征服时代(指1066年诺曼底公爵威廉对英格兰的军事征服)以后,又有决斗的方式(trial by battle)可供选择。
单选题
How did trial by battle differ from trial by ordeal in England?