_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 t
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