28.15. 15. A Reflection.
I do not pretend to deny that in the changes made
in the code of the Barbarian laws, in the regulations added to that
code, and in the body of the Capitularies, it is possible to find some
passages where the trial by combat is not a consequence of the negative
proof. Particular circumstances might, in the course of many ages, give
rise to particular laws. I speak only of the general spirit of the laws
of the Germans, of their nature and origin; I speak of the ancient
customs of those people that were either hinted at or established by
those laws; and this is the only matter in question.