The payments for damage and for pain are in the nature of penalties, and can be adjudged only upon proof by witnesses.

The latter were appeals from seigniorial courts because of faulty judgment or procedure-for example, appeals from the use of trial by battle, a method of proof attacked by the ordinance of 1258 in favour of proof by witnesses or documents.

It must be known that most marriages of that time started with deflowering "in state," which means that the bridegroom put his bird into the little nest in the presence of all the near relatives, often all the wedding guests, in order to give a proof by witness that the marriage had been consummated.