ned in the code of Ina, A. D., about 700. It appears that
fire was thought the most aristocratic element, for the ordeal by fire
was used for nobles, and that by water for vulgarians and serfs. The
operations were as follows: When one was accused of a crime, murder for
instance, he had his choice whether to be tried "by God and his
country," or "by God." If he chose the former he went before a jury. If
the latter, he underwent the ordeal. Nine red hot ploughshares were
laid on the ground in a row. The accused was blindfolded, and sent to
walk over them. If he burnt himself he was guilty; if not, not.
Sometimes, instead of this, the accused carried a piece of red hot iron
of from one to three pounds' weight in his hand for a certain distance.
The ordeal by water was, in one form at least, the same wise alternative
in after years so often offered to witches. The accused was tied up in a
heap, each arm to the other leg, and flung into water. If he floated he
was guilty, and must be killed. If he sank and drowned, he was
innocent--but killed. Trial was therefore synonymous with execution. The
nature of such alternatives shows how important it was to have a
character above suspicion! Another mode was, for the accused to plunge
his bare arm into boiling water to the elbow. The arm was then instantly
sealed up in bandages under charge of the clergy for three days. If it
was then found perfectly well, the accused was acquitted; if not, he was
found guilty.
Another ordeal was expurgation or compurgation. It was a simple
business--"as easy as swearing;" very much like a "custom house oath."
It was only this: the accused made solemn oath that he was not guilty,
and all the respectable men he could muster came and made their solemn
oath that they believed so too. This is much like the jurisprudence of
the Dutch justice of the peace in the old story, before whom two men
swore that they saw the prisoner steal chickens. The thief however,
getting a little time to collect testimony, brought in twelve men who
swore that they did not see him take the chickens. "Balance of evidence
overwhelmingly in favor of the prisoner," said the sapient justice (in
Dutch I suppose,) and finding him innocent in a ratio of six to one, he
discharged him at once.
This ordeal by oath was reserved for people of eminence, whose word went
for something, and who had a good many thorough-going friends.
Another sort of ordeal was reserved for priests. It w
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