These are severally rolled up in cow-dung, and thrown into a large jar, without having been shown to the accused, who must put his hand into the jar, and is acquitted or convicted as he draws out the figure on the white or black cloth.
A strange and poetical method of deciding a quarrel is said to be adopted in Greenland: each of the parties is obliged to sing in public a satirical attack against his opponent, and the production which is considered the most virulent, or which excites the most mirth, is deemed conclusive.
The practice of ordeals may be traced to the remotest antiquity. In Sicily, near the temples of the Palici, were two pools of sulphureous water, supposed to have sprung from the earth when these deities were born; the most solemn oaths were taken near these springs by those who had quarrels to decide. These oaths being inscribed were thrown into the mystic waters; if they floated upon the surface, innocence was proved, and the perjured was instantly punished in some supernatural manner. When both their tests remained buoyant, the oracle was to decide, and the altars of the Palici were constantly polluted by human sacrifices.
Amongst the Jews, women accused of adultery were obliged to drink water in which ashes had been mixed. Grotius mentions many instances of water ordeal in Bithynia, Sardinia, and other countries.
These ordeals were distinguished into the Judicium Dei, or judgment of God, and the Vulgaris Purgatio.
The first account we have of the appeal to the fire ordeal as a proof of innocence, is that of Simplicius bishop of Autun, in the fourth century. This prelate, as the story is related, before his promotion to the episcopal dignity, had married a wife, whom he fondly loved, but who, being unwilling to leave him after his clerical preferment, continued to sleep in the same chamber with him. The sanctity of Simplicius suffered materially, at least on the score of fame, by the constancy of his wife’s affection; and it was rumoured that the holy man, though a bishop, persisted, in opposition to the canonical laws, to taste the sweets of matrimony. Upon which his wife, in the presence of a great concourse of people, took up a considerable quantity of burning coals, which she applied to her breast, without the least hurt to her person or garments. It is needless to add that this was a sufficient proof of her husband’s innocence. In the fifth century, St. Brice went through the same trial on a similar occasion.
The ordeal of hot water was resorted to by Lothair the husband of Teutberge, daughter of a duke of Burgundy, who was accused of incest with her brother, a monk and deacon; for the which he sought a dissolution of his marriage, that he might wed his mistress Valrade. The poor Queen immediately justified herself by proxy, getting her attorney-general to draw out a blessed ring from a kettle of hot water; but the obdurate King swore that her champion had recourse to witchcraft or cunning, and was possessed of some secret that rendered him proof against hot water. Others, however, were not so incredulous; and her innocence was proclaimed as having been confirmed by a Divine judgment, although it appears that the Queen had confessed her guilt to her confessor. To decide therefore between a supposed Divine judgment and an admission of her offence became a matter of such a ticklish nature, that it was very properly submitted to the consideration of two ecclesiastical councils, who thereupon pronounced a divorce.
Howbeit, Pope Nicholas I, who of course must have known more of the business than any other earthly power, annulled the decision, and excommunicated and anathematized Goutier, the archbishop of Cologne, who had had the impudence to advocate the divorce; but this refractory prelate’s subsequent conduct showed his criminality, for he thus animadverts on the pontiff’s act: “Although our lord, Nicholas, whom people call Pope, has thought proper to excommunicate us, we defy his nonsense.” Then, having the presumption to address his holiness personally, he adds: “And let me tell you, we will not receive your cursed sentence—we despise it; we fling you from our communion, being perfectly satisfied with that of our bishops and our brethren, whom you affect to despise.”
This insolent message was carried to Rome by a brother of the archbishop, who, sword in hand, laid the protestation on the very sepulchre that, according to tradition, contains the remains of St. Peter. Nevertheless, the pontiff being succeeded by Adrian II, the doughty archbishop thought it more prudent to submit to the power of the Vatican; and therefore, despite his brother’s gasconading over St. Peter’s sepulchre, addressed the supreme head of the church in the following highly decorous and respectful language:
“I declare before God and all the saints, more especially to you, my lord, Adrian, sovereign pontiff, and to all the bishops that are submitted to your authority, as well as to the Omnipresent, that I humbly submit myself to the excommunication and dismissal canonically inflicted upon me by Pope Nicholas,” &c. &c.
Adrian, thus satisfied, forthwith excommunicates Lothair’s second wife, and orders that prince immediately to take back his former spouse. Of course, all Europe was in a state of commotion. The Emperor, Louis II, uncle of Lothair, takes his part against Pope Adrian, whom he dares to threaten with an invasion; and all Italy is in a state of alarm. Queen Teutberge sets off for Rome, so does Valrade her rival, Lothair’s second wife and his ex-mistress; but her conscience did not allow her to pursue her journey, and her excommunicated husband was obliged to repair to Rome to ask the Pope’s pardon, not from any apprehension of his holiness, but the fear of his uncle, surnamed the Bald, who espoused the pontiff’s cause, put his threat into execution, and stripped his Majesty of the kingdom of Lorraine.
It appears that Adrian II. was a very fastidious and punctilious man, and he would not receive Lothair back into the bosom of the church, despite his most abject excuses, until he swore to him that, since his predecessor Nicholas had thought proper to order him not to keep up any further connexion with Valrade, he had in every sense of the injunction, both in letter and spirit, obeyed the order. To this, Lothair swore most religiously; and, having done so, he was re-admitted into the pale, and shortly after died. Historians agree, and there can be no doubt on the subject, that his death was the just punishment of his perjury; what confirmed the fact was, the circumstance that all his followers who had taken a similar oath (although it is somewhat curious to know how they could have obtained any satisfactory information on so delicate a subject) died in the course of the same year.
CHAPTER IV.
CELEBRATED JUDICIAL DUELS.
Ancient chronicles have transmitted to us several curious duels that have taken place, for the purpose of deciding the justice of a cause by recourse to arms, and maintaining by the sword whatever the lips had asserted.
The combat that took place in 1371 between Macaire and the dog of Montargis has been too frequently related and dramatized to need a repetition. Charles V. was present at the meeting, which took place in the Isle Notre Dame, in Paris; and Macaire, who was conquered by the faithful companion of Aubry de Montdidier, was duly hanged. Montfaucon, in his erudite work, has given an engraving of this event, taken from a painting preserved in the castle of Montargis.
In 590, Gontran, King of Burgundy, was hunting in the royal forest of the Vosges, when he found the remains of a stag which had been killed by some poacher. The game-keeper accused Cherndon the king’s chamberlain, who, being confronted with his accuser, stoutly denied the charge. Gontran immediately ordered a combat. A nephew of the chamberlain was his champion; and in the conflict the game-keeper received a wound from his lance, which pierced his foot: having fallen from the severity of the injury, his antagonist rushed upon him to despatch him, when the prostrate man drew out a knife and ripped up his antagonist’s belly. The two combatants remained on the field, and Cherndon endeavoured to seek refuge in the church of St. Marcel; but Gontran ordered him to be seized and stoned to death.
A curious trial by battle
