5. Trials by ordeal often extended to witnesses as well as the accused
Witnesses who were unfortunate enough to be of lowly birth needed to establish their veracity in court. This was especially true when the parties to a dispute were men of standing, their word presumed to be acceptable without question. If either of the parties in a dispute challenged the testimony of a witness of low birth, that witness could be and often was subject to trial by ordeal to establish his truthfulness. The only recourse for the witness to avoid torture was to recant his testimony, which placed him under penalties for perjury, and in some cases slander. Being a witness in a medieval court was thus not a desirable place to find oneself. Witnesses were subjected to the same trials as the accused, boiling water, fire, and other forms of torture, with the results examined by priests and magistrates.
In some cases, such as in the so-called last duel, a major witness to the disputed crime endured torture more than once, since the case was tried before more than one court. Those involved in the actual crime, being of a station above the mere commoner, were not subject to such tortures, even when the results of the witness’s “examination” placed their testimony in question. Such was the case in the famous trial of Jean de Carrouges and Jacque le Gris. Both of the contenders in the case were above the level of trial by ordeal, though at least one of them sought trial by combat. A servant for le Gris however was called upon to give testimony, and his statements were tested by the court in trial by ordeal before it was presented to the court at large. Since his testimony was allowed, presumably it was deemed truthful.