a son ought to be reckoned among the children of the family, and succeed equally with their uncles, if their fathers happened to die while their grandfathers survived. This point was decided by one of these combats. The champion in behalf of the right of children to represent their deceased father proved victorious. It was then established by a perpetual decree that they should thenceforward share in the inheritance, together with their uncles. In the eleventh century the same mode was practised to decide respecting two rival Liturgies! A pair of knights, clad in complete armour, were the critics to decide which was the authentic.
"If two neighbours," say the capitularies of Dagobert, "dispute respecting the boundaries of their possessions, let a piece of turf of the contested land be dug up by the judge, and brought by him into the court; the two parties shall touch it with the points of their swords, calling on God as a witness of their claims;—after this let them combat, and let victory decide on their rights!"
In Germany, a solemn circumstance was practised in these judicial combats. In the midst of the lists they placed a bier.—By its side stood the accuser and the accused; one at the head and the other at the foot of the bier, and leaned there for some time in profound silence, before they began the combat.
The manners of the age are faithfully painted in the ancient Fabliaux. The judicial combat is introduced by a writer of the fourteenth century, in a scene where Pilate challenges Jesus Christ to single combat. Another describes the person who pierced the side of Christ as a knight who jousted with Jesus.52
Judicial combat appears to have been practised by the Jews. Whenever the rabbins had to decide on a dispute about property between two parties, neither of which could produce evidence to substantiate his claim, they terminated it by single combat. The rabbins were impressed by a notion, that consciousness of right would give additional confidence and strength to the rightful possessor. It may, however, be more philosophical to observe, that such judicial combats were more frequently favourable to the criminal than to the innocent, because the bold wicked man is usually more ferocious and hardy than he whom he singles out as his victim, and who only wishes to preserve his own quiet enjoyment:—in this case the assailant is the more terrible combatant.
Those accused of robbery were put to trial by a piece of barley-bread, on which the mass had been said; which if they could not swallow, they were declared guilty. This mode of trial was improved by adding to the bread a slice of cheese; and such was their credulity, that they were very particular in this holy bread and cheese, called the corsned. The bread was to be of unleavened barley, and the cheese made of ewe's milk in the month of May.
Du Cange observed, that the expression—"May this piece of bread choke me!" comes from this custom. The anecdote of Earl Godwin's death by swallowing a piece of bread, in making this asseveration, is recorded in our history. Doubtless superstition would often terrify the innocent person, in the attempt of swallowing a consecrated morsel.
Among the proofs of guilt in superstitious ages was that of the bleeding of a corpse. It was believed, that at the touch or approach of the murderer the blood gushed out of the murdered. By the side of the bier, if the slightest change was observable in the eyes, the mouth, feet, or hands of the corpse, the murderer was conjectured to be present, and many innocent spectators must have suffered death. "When a body is full of blood, warmed by a sudden external heat, and a putrefaction coming on, some of the blood-vessels will burst, as they will all in time." This practice was once allowed in England, and is still looked on in some of the uncivilized parts of these kingdoms as a detection of the criminal. It forms a solemn picture in the histories and ballads of our old writers.
Robertson observes, that all these absurd institutions were cherished from the superstitious of the age believing the legendary histories of those saints who crowd and disgrace the Roman calendar. These fabulous miracles had been declared authentic by the bulls of the popes and the decrees of councils; they were greedily swallowed by the populace; and whoever believed that the Supreme Being had interposed miraculously on those trivial occasions mentioned in legends, could not but expect the intervention of Heaven in these most solemn appeals. These customs were a substitute for written laws, which that barbarous period had not; and as no society can exist without laws, the ignorance of the people had recourse to these customs, which, evil and absurd as they were, closed endless controversies. Ordeals are in truth the rude laws of a barbarous people who have not yet obtained a written code, and are not sufficiently advanced in civilization to enter into the refined inquiries, the subtile distinctions, and elaborate investigations, which a court of law demands.
These ordeals probably originate in that one of Moses called the "Waters of Jealousy." The Greeks likewise had ordeals, for in the Antigonus of Sophocles the soldiers offer to prove their innocence by handling red-hot iron, and walking between fires. One cannot but smile at the whimsical ordeals of the Siamese. Among other practices to discover the justice of a cause, civil or criminal, they are particularly attached to using certain consecrated purgative pills, which they make the contending parties swallow. He who retains them longest gains his cause! The practice of giving Indians a consecrated grain of rice to swallow is known to discover the thief, in any company, by the contortions and dismay evident on the countenance of the real thief.
In the middle ages, they were acquainted with secrets to pass unhurt these singular trials. Voltaire mentions one for undergoing the ordeal of boiling water. Our late travellers in the East have confirmed this statement. The Mevleheh dervises can hold red-hot iron between their teeth. Such artifices have been often publicly exhibited at Paris and London. Mr. Sharon Turner observes, on the ordeal of the Anglo-Saxons, that the hand was not to be immediately inspected, and was left to the chance of a good constitution to be so far healed during three days (the time they required to be bound up and sealed, before it was examined) as to discover those appearances when inspected, which were allowed to be satisfactory. There was likewise much preparatory training, suggested by the more experienced; besides, the accused had an opportunity of going alone into the church, and making terms with the priest. The few spectators were always distant; and cold iron might be substituted, and the fire diminished, at the moment.
They possessed secrets and medicaments, to pass through these trials in perfect security. An anecdote of these times may serve to show their readiness. A rivalship existed between the Austin-friars and the Jesuits. The father-general of the Austin-friars was dining with the Jesuits; and when the table was removed, he entered into a formal discourse of the superiority of the monastic order, and charged the Jesuits, in unqualified terms, with assuming the title of "fratres," while they held not the three vows, which other monks were obliged to consider as sacred and binding. The general of the Austin-friars was very eloquent and very authoritative:—and the superior of the Jesuits was very unlearned, but not half a fool.
The Jesuit avoided entering the list of controversy with the Austin-friar, but arrested his triumph by asking him if he would see one of his friars, who pretended to be nothing more than a Jesuit, and one of the Austin-friars who religiously performed the aforesaid three vows, show instantly which of them would be the readier to obey his superiors? The Austin-friar consented. The Jesuit then turning to one of his brothers, the holy friar Mark, who was waiting on them, said, "Brother Mark, our companions are cold. I command you, in virtue of the holy obedience you have sworn to me, to bring here instantly out of the kitchen-fire, and in your hands, some burning coals, that they may warm themselves over your hands." Father Mark instantly obeys, and, to the astonishment of the Austin-friar, brought in his hands a supply of red burning coals, and held them to whoever chose to warm himself; and at the command of his superior returned them to the kitchen-hearth. The general of the Austin-friars, with the rest of his brotherhood, stood amazed; he looked wistfully on one of his monks, as if he wished to command him to do the like. But the Austin monk, who perfectly understood him, and saw this was not a time to hesitate, observed—"Reverend father, forbear, and do not command me to tempt God! I am ready to fetch you fire in a chafing-dish, but not in my bare hands." The triumph of the Jesuits was complete;
