Saint Quinians—that quaint little town which nestles in a valley close

by the cruel, tumbling North Sea—looked forward, sixty years ago, to

market-day as the one weekly break in the monotony of its existence,

just as it does now. On Wednesdays, Saint Quinians became the centre

to which active life converged from a score of villages and hamlets

that regarded it as their metropolis. Wednesday was a point in the

calendar upon which hinged all arrangements, and by which all events

were calculated: people met upon Wednesday who never saw each other at

any other time; and the news of Wednesday was the latest obtainable

by many folk even at an epoch when forty coaches left London every

evening. And if Saint Quinians’ shopkeepers looked forward to Wednesday

as their busy day—if the farmers looked forward to it as the link which

bound them with the outer world—if the local youth saved up their

money and their spirits, and let them both out on Wednesday, Bertha

West, who lived with her father in a solitary house on the shore, some

four miles from the town, looked forward to it as the day when she met

her sweetheart, Harry Symonds, and spent the happiest hours of her

week. Every Wednesday, Harry Symonds met her at the old South Gate—the

only one remaining to tell of days when Saint Quinians was a port of

some fame, and contributed its quota of ships and men to the national

navy—and if she was prevented from coming, a very miserable week was in

store for the young man, as John West, the father of Bertha, did not

approve of the attachment, for the rather selfish reason, that if his

daughter married, he was left alone in the world.

They had been sweethearting in this semi-clandestine manner for more

than a year, and Harry Symonds was beginning to face mentally the

awkward problem of what was to be done, should the old man persist

in his opposition to the match. Not only this; but the young man was

aware that the pretty girl whom he had learned to regard as his own

inalienable private property was the object of very marked attention

on the part of a certain Jasper Rodley, a youth who bore no very high

character in the town, who had suddenly disappeared from it for three

years, and had as unexpectedly returned; and although Harry trusted

Bertha implicitly, he thought that a settlement of affairs would be an

advisable step. And so when, one bright spring Wednesday morning, he

met the girl coming with her market baskets on her arm along the path

over the sandhills, she observed that his face was serious, and very

naturally jumped at the conclusion that something was wrong.

‘Why, Harry,’ she exclaimed, ‘there’s a face for a lover to make who

sees his sweetheart only once a week! There’s nothing wrong, is there?’

‘No, dear,’ replied the young man, his face instantly brightening at

the sound of her voice; ‘there’s nothing wrong. I’ve been thinking,

that’s all. And how are matters at home? How’s the father?’

‘Just as usual, Harry. Father’s been depressed all the week; but I’ve

got him to set to work on his flagstaff and battery with two real guns,

so that he’ll be all right.’

‘I wonder what depresses him?’ asked Harry. ‘You’ve always described

him as such a jovial old seadog.’

‘I don’t know; but ever since the _Fancy Lass_ was wrecked, he’s been

different at times.’

‘And Mr Rodley—has he been annoying you with any of his attentions

lately?’ asked Harry.

‘No. But I’ve seen him more than once about our house.’

‘How did he find out where you lived? And what is he doing there?’

Bertha shook her head, and said: ‘I don’t know. I seem to think that

there has been some acquaintance formed between father and him. He has

never been inside the house, to my knowledge; but I fancy they meet now

and then.’

The young man was silent for a few moments; then he continued: ‘Well,

never mind, Bertha. So long as we are true to each other, he cannot

come between us. He’s a queer fellow, and people say odd things about

him. If you remember, he disappeared from Saint Quinians about the same

time that my sad business with the bank took place.’

‘You mean, when the bank’s sovereigns were stolen, and you were

dismissed for cul—cul—— What was it, Harry?’

‘Culpable negligence, my dear.’

‘Yes, that was it; and a great shame it was!’ cried the girl warmly. ‘I

wonder where the sovereigns went to?’

‘Ah! where indeed?’ asked Harry. ‘They were never traced. But old

Cusack, our cashier, who disappeared with them, took good care that

they never should be traced. It’s my belief that they went to sea, for

three thousand pounds in sovereigns are not carried away so easily.

However, after all, it did me no harm. Every one agreed that I was

cruelly treated. I got a new berth immediately; and I’m much better off

now than I should have been if I’d remained in the bank’s service; so

well off, in fact, Bertha, that I’m beginning to think it almost time

for us to come to some decision as to what we shall do.’

‘O Harry! there’s plenty of time to think about that; and it’s—it’s so

pleasant making love; and besides, I must break it gently to father,

for he has no idea of parting with me yet.’

‘But he surely can’t expect that you should spend your life in that

tumble-down old smuggler’s cottage.—Hillo! there’s Rodley, skulking

about like a whipped cur. We’ll go on.’

So the happy pair proceeded into the market, Harry holding the girl’s

baskets whilst she made her usual purchases, until the clock striking

ten warned the young man that he was due at his office. He saw Bertha

on her road home as far as the South Gate, and was hurrying across the

market-place, when he caught sight of Jasper Rodley walking swiftly in

the direction taken by Bertha. He stopped and watched. He saw Rodley

catch the girl up just as she was disappearing beneath the archway,

raise his hat, and continue by her side in spite of Bertha’s evident

annoyance. Harry Symonds retraced his steps so far that he could watch

the progress of the pair out of the town. Suddenly, he observed Mr

Rodley attempt to put his arms round Bertha’s waist, whereupon the girl

struggled, got free, and ran on.

This was too much for Harry. He ran out by the gate, and, coming up to

Bertha and her tormentor, said to him: ‘Mr Rodley, what do you mean by

daring to force your attentions where they are not wanted?’

Jasper Rodley, a tall, well-built young fellow, of about Harry’s age

and size, started at first; but, shoving his hands into his pockets,

surveyed his questioner for a moment with disdain, and asked: ‘And what

has that to do with you, Mr Dismissed Bank-clerk?’

Harry was itching to thrash him on the spot; but respect for Bertha’s

presence induced him to bottle up his wrath as best he could, and

reply: ‘You’ve no right to bother any girl if she doesn’t want to have

anything to do with you. And look here—your character hereabouts isn’t

so high that you can afford to call other people names, so I warn you

to keep a civil tongue in your head, or something might be done that

you wouldn’t like, and something might be said that would make you look

a little small.’

This last bit was added at random, but it seemed to have a strange

effect upon Rodley, who turned pale for a moment, but recovered himself

and retorted: ‘Done and said, indeed! You couldn’t do much that I’m

afraid of, and at anyrate people couldn’t say of me what they do of

you. How about these sovereigns, eh?’

‘Look here, Rodley. If I did my duty, I should give you a thrashing on

the spot. Just be off.—Miss West is betrothed to me. That’s enough. Do

you hear?’

Jasper Rodley walked off, with a savage scowl on his face and an

imprecation on his lips.

‘O Harry dear!’ cried the girl, who was trembling with fright, ‘I’m so

glad you didn’t fight.’

‘Fight with a cur like that!’ exclaimed Harry. ‘Men of his kidney don’t

fight.—What has he been saying to you, my darling?’

‘Oh, such terrible things, Harry! He says that he will marry me whether

I like it or not—that father is in his power, and has consented; and

that I had better make up my mind to give you up before it is too late.’

‘Why, what on earth can he mean? Your father in the power of a rascal

like that—to consent to your marrying him! He’s only trying to frighten

you. And yet you say that you have seen him with your father. I think I

shall tackle Mr Jasper at once and make him explain his dark speeches.

There’s one thing—I’m not going to have him continue his tormenting of

you, whether your father is in his power or not.—And now, good-bye,

dearest; you’re safe now.’

So the girl pursued her homeward road; and Harry Symonds walked rapidly

back into the town. Just within the gate, he came up with Jasper

Rodley. ‘Rodley,’ he said, ‘I’m going to the office to give an excuse

for my absence. Kindly wait here until I come back, as I want to speak

to you.’

‘If you want to speak to me, you’d better do so at once; I’ve other

things to attend to, and I’m not going to hang about here waiting for

you.’

‘Very well, then,’ said Harry; ‘let’s go where people can’t remark us.

Here, we’ll turn on to the ramparts.’

So they went along the pleasant walk which ran upon what had been, in

old, stirring times, the walls of Saint Quinians, a broad path, bounded

by shrubs and trees on one side, and by the deep stony ditch on the

other.

‘I want an explanation from you,’ said Harry, ‘about what you have just

said to Miss West concerning her father being in your power and your

determination to marry her.’

‘That’s easily given,’ replied Rodley. ‘At a word from me, old Captain

West could be ruined and disgraced. I’m as much in love with Bertha’——

‘Miss West, if you please.’

‘I said “Bertha,” and I repeat it,’ continued Rodley. ‘I’m as much in

love with her as you are, and I intend to marry her. If I can’t marry

her, I ruin her father.’

‘How can you ruin him?’

‘It’s very likely I should tell you—isn’t it?’ answered Rodley with a

sneer.

‘I intend to find out.’

‘Very well then, find out,’ retorted Rodley.—‘And now I must be off.’

‘You don’t go until I have an explanation,’ cried Harry. ‘I don’t

believe a word of what you say, and I believe you are only trying to

terrify the poor girl into submission.’

‘Come now, Symonds, don’t be a fool; we’re men of the world, and

it’s time we understood one another. I tell you once and for all, if

Bertha West does not marry me, I’ll have her father up in the felon’s

dock.—There; I’ve said more than I intended, so good-morning.’

He endeavoured to push past Harry; but the latter barred the way,

saying: ‘You’ll have poor old Captain West up as a felon! Why, man,

you’re mad! A simple old man like that, who never stirs beyond his

garden, who never said an evil thing of any one, much less did a wrong

to any one! Come, be more explicit.’

‘I’ve said more than I intended,’ continued Rodley; ‘and you don’t get

another word out of me.’

Again he tried to get past Harry, and again Harry prevented him,

saying: ‘Neither of us shall budge from here until I find out more

about this.’

Rodley made a desperate effort to get past Harry. The two men struggled

together, and as they were evenly matched in weight and strength, the

issue was doubtful. Suddenly, Rodley loosened his hold of Harry’s arms,

stooped, caught him by the legs, and jerked him over the steep side

of the rampart. Harry fell heavily, struck a projecting mass of stone

half-way down, and rolled amongst the sharp stones and rubbish at the

bottom, where he lay motionless and bleeding. Rodley did not stop to

look after him, but walked rapidly back into the town.

TRIAL BY ORDEAL.

One of the most remarkable judicial systems of olden times was the

trial by ordeal, a mode of procedure founded on the presumption that,

should a person be wrongfully accused, heaven would interpose, and in

some marked way make his innocence undeniable. With the exception of

China, this test was of almost universal adoption in the middle ages;

and, whilst still surviving amongst the uneducated portion of most

civilised communities, is even nowadays largely practised by uncultured

races. As far as its origin is concerned, it may be traced back to

remote antiquity; and the bitter water by which conjugal infidelity was

revealed—an ordeal pure and simple—will readily occur to the biblical

student as an interesting instance in Hebrew legislation and history.

Herodotus relates how King Amasis—whose reign immediately preceded the

invasion of Cambyses—‘was, when a private person, fond of drinking

and jesting, and by no means inclined to serious business. As soon,

however, as means failed him for the indulgence of his amusements,

he used to go about pilfering; and such persons as accused him of

having stolen their property—on his denying it—were wont to take

him to the oracle of the place, where he was oftentimes convicted,

and occasionally acquitted.’ The Greeks had their ordeals, a good

illustration of which occurs in the _Antigone_ of Sophocles, where the

soldiers offer to prove their innocence in various ways:

Ready with hands to bear the red-hot iron,

To pass through fire, and by the gods to swear,

That we nor did the deed, nor do we know

Who counselled it, nor who performed it.

This mode of purgation, the scholiast tells us, was in common use at

that time.

There was also the water ordeal, and a certain fountain near Ephesus

was specially employed for this purpose. As soon as the accused had

sworn to her innocence, she entered the water with a tablet affixed to

her neck, on which was inscribed her oath. If she were innocent, the

water remained stationary; but if guilty, it gradually rose until the

tablet floated. Traces of the same system are to be met with in the

history of ancient Rome; and amongst notable instances may be quoted

that of the vestal Tucca, who proved her purity by carrying water in

a sieve; and that of Claudia Quinta, who cleared her character by

dragging a ship against the current of the Tiber, after it had run

aground, and resisted every effort made to remove it. But, as Mr Lea

points out in his essay on _The Ordeal_, ‘instances such as these had

no influence on the forms and principles of Roman jurisprudence, which

was based on reason, and not on superstition. With the exception of the

use of torture, the accused was not required to exculpate himself. He

was presumed to be innocent, and the burden of proof lay not on him,

but on the prosecutor.’

The ordeal trial prevailed in France from before the time of

Charlemagne down to the eleventh century. The ancient Germans, too,

were in the habit of resorting to divination; and their superstitious

notions, writes Mr Gibson, led them to invent many methods of purgation

or trial now unknown to the law. It should be added, also, that the

Germans were specially tardy in throwing off this relic of barbarism;

for, at a period when most vulgar ordeals were falling into disuse, the

nobles of Southern Germany established the water ordeal as the mode

of deciding doubtful claims on fiefs; and in Northern Germany it was

instituted for the settlement of conflicting titles on land. Indeed,

as recently as the commencement of the present century, the populace

of Hela, near Danzig, twice plunged into the sea an old woman, reputed

to be a sorceress, who, on persistently rising to the surface, was

pronounced guilty, and beaten to death. Grotius mentions many instances

of water ordeal in Bithynia, Sardinia, and other countries, having been

in use in Iceland from a very early period.

In the primitive jurisprudence of Russia, ordeal by boiling water was

enjoined in cases of minor importance; and in the eleventh century we

find burning iron ordered ‘where the matter at stake amounted to more

than half a grivna of gold.’ A curious survival of ordeal superstition

still prevails to a very large extent in Southern Russia. When a theft

is committed in a household, the servants are summoned together, and

a sorceress is sent for. Should no confession be made by the guilty

party, the sorceress rolls up as many little balls of bread as there

are suspected persons present. She then takes one of these balls,

and addressing the nearest servant, uses this formula: ‘If you have

committed the theft, the ball will sink to the bottom of the vase;

but if you are innocent, it will float on the water.’ The accuracy of

this trial, however, is seldom tested, as the guilty person invariably

confesses before his turn arrives to undergo the ordeal.

Again, in Spain, trial by ordeal was largely practised; and it may

be remembered how, during the pontificate of Gregory VII., it was

debated whether the Gregorian ritual or the Mozarabic ritual contained

the form of worship most acceptable to the Deity. When the chance of

deciding this contest amicably seemed hopeless, the nobles resolved

to arrange the controversy in their customary manner, and, according

to the historian Robertson, the champions—one chosen by either

side—met and fought. But in the year 1322, in Castile and Leon, the

Council of Palencia threatened with excommunication all concerned

in administering the ordeal of fire or water—a circumstance which is

important, as pointing to the disappearance of this mode of trial in

Spain.

Furthermore, the practice of trial by ordeal was under the Danish kings

substituted for the trial by combat, which, until the close of the

ninth century, had been resorted to among the Danes for the detection

of guilt and the acquittal of innocence. In Sweden, says Mr Gibson,

the clergy ‘presided at the trial by ordeal; and it was performed

only in the sanctuary, or in the presence of ministers of the church,

and according to a solemn ritual.’ And yet, as he rightly observes,

its abolition in Europe was due to the continued remonstrances of the

clergy themselves. One form of ordeal practised in Sweden was popularly

known as the _trux iarn_, and consisted in the accused carrying a

red-hot iron, and depositing it in a hole twelve paces from the

starting-point. In accordance with the accustomed mode of procedure,

the accused fasted on bread and water on Monday and Tuesday, the ordeal

being held on Wednesday, previous to which the hand or foot was washed.

It was then allowed to touch nothing until it came in contact with the

iron, after which it was wrapped up and sealed until Saturday, when it

was opened in the presence of the accuser and the judges.

In the years 1815 and 1816, Belgium, says Mr Lea, was disgraced by

ordeal trials performed on unfortunate persons suspected of witchcraft;

and in 1728, in Hungary, thirteen persons suspected of a similar

offence were, by order of the court, subjected to the ordeal of cold

water, and then to that of the balance. Referring to the ordeal of

the balance, Mr Tylor informs us that the use of the Bible as a

counterpoise is on record as recently as 1759, at Aylesbury in this

country, where one Susannah Haynokes, accused of witchcraft, was

formally weighed against the Bible in the parish church. In Lombardy,

ordeal by hot water was a form of procedure much resorted to; and in

Burgundy this was also supplemented by the trial by hot iron.

The instances thus quoted show how universally practised throughout

Europe in bygone years was the trial by ordeal; and if we would still

see it employed with the enthusiastic faith of the middle ages, we

must turn to eastern countries, where, owing to the slow advance of

civilisation, many of their institutions still retain their primitive

form. Indeed, as Mr Isaac Disraeli remarks, ‘ordeals are the rude laws

of a barbarous people who have not yet obtained a written code, and not

advanced enough in civilisation to enter into the refined inquiries,

the subtle distinctions, and elaborate investigations which a court

of law demands.’ This is specially true in the case of India at the

present day, where the same ordeals are practised as were in use five

or six centuries ago. Thus, the guilt or innocence of an accused person

is still tested by his ‘ability to carry red-hot iron, to plunge his

hand unhurt in boiling oil, to pass through fire, to remain under

water, to swallow consecrated rice, to drink water in which an idol

has been immersed, and by various other forms which retain their hold

on public veneration.’ Professor Monier Williams, too, says that trial

by ordeal is recognised by the code of Manu, and quotes the subjoined

rules: ‘Let him cause a man (whose veracity is doubted) to take hold of

fire, or dive under water, or touch the heads of his wife and sons one

by one. The man whom flaming fire burns not and water forces not up,

and who suffers no harm, must be instantly held innocent of perjury.’

In Japan, ordeals extensively prevail; and amongst the many

superstitious practices kept up, we are told how the ‘goo’—a paper

inscribed with certain cabalistic characters—is rolled up and swallowed

by an accused person, this being commonly supposed to give him no

internal rest, if guilty, until he confesses. A similar mode of

procedure is practised by the Siamese, and under a variety of forms was

prevalent in former years. With it, too, we may compare the mouthful of

rice taken by all of a suspected household in India, which the thief’s

nervous fear often prevents him from swallowing.

Formerly, this practice was observed in our own country with the

corsned or trial-slice of consecrated bread or cheese. Even now, says

Mr Tylor, peasants have not forgotten the old formula: ‘May this bit

choke me if I lie.’

In Tibet, a popular ordeal consists in both plaintiff and defendant

thrusting their arms into a caldron of boiling water containing a black

and white stone, victory being assigned to the one who is fortunate

enough to obtain the white. Such an even-handed mode of procedure, if

generally used, must, as Mr Lea remarks, ‘exert a powerful influence in

repressing litigation.’

Among further curious specimens of ordeal trial mentioned by this

author may be noticed those in use in certain parts of Africa.

Thus, the Kalabarese draw a white and black line on the skull of

a chimpanzee, which is then held up before the accused, ‘when an

attraction of the white line towards him indicates his innocence, or

an inclination of the black towards him pronounces his guilt.’ In

Madagascar, a decoction of the nut of the Tangena—a deadly poison—is

administered to the accused. If it act as an emetic, this is considered

a proof of innocence; but if it fail to do so, the guilt of the accused

is confirmed. Dr Livingstone describes a similar ordeal as practised

in Africa, and tells us how ‘when a man suspects that any of his wives

have bewitched him, he sends for the witch-doctor, and all the wives

go forth into the field, and remain fasting till that person has made

an infusion of the plant called “foho.” They all drink it, each one

holding up her hand to heaven in attestation of her innocence. Those

who vomit it are considered innocent; but those whom it purges are

pronounced guilty, and put to death by burning. The innocent return

to their homes, and slaughter a cock, as a thank-offering to their

guardian spirits.’

It should be noted, too, that such modes of trial have been introduced

with much effect into medieval poetry and romance. Thus, says Mr

Gibson, ‘there was the mantle mentioned in a ballad of which Queen

Guenever is the principal heroine, and which is supposed to have

suggested to Spenser his conceit of Florimel’s girdle.’

Lastly, as far as our own country is concerned, trial by ordeal existed

from a very early period. When the Anglo-Saxons were unable to decide

as to the guilt of an accused person, they invariably resorted to this

test, the law requiring that the accuser should swear that he believed

the accused to be guilty, and that his oath should be supported by

a number of friends who swore to their belief in his statement and

to his general truthfulness. Trials of this kind, however, were

often fraudulently conducted. Thus, when William Rufus caused forty

Englishmen of good quality and fortune to be tried by the ordeal of

hot iron, they all escaped unhurt, and were acquitted. But upon this

the king declared that he would try them by his own court. According

to the legendary account, it was by this mode of ordeal that Queen

Emma, the mother of Edward the Confessor, was tried in order to clear

her character from the imputation of an intrigue with Alwyn, Bishop of

Winchester. Then there was the ordeal known as the ‘corsned,’ or morsel

of execration, already alluded to, which consisted of a piece of bread,

weighing about an ounce, being given to the accused person, that, if

he were guilty, it might cause convulsions and paleness and find no

passage; but turn to health and nourishment if he were innocent. The

sudden and fatal appeal to this trial by Godwin, Earl of Kent, in the

year 1053, when accused of the murder of Ælfred, the brother of Edward

the Confessor, ranks amongst the most curious traditions of English

history. Hallam relates how ‘a citizen of London, suspected of murder,

having failed in the ordeal of cold water, was hanged by order of Henry

II., though he had offered five hundred marks to save his life. It

appears as if the ordeal were permitted to persons already convicted by

the verdict of a jury.’

Chambers's Journal of Popular Literature, Science, and Art, fifth series, no. 127, vol. III, June 5, 1886 · 第 2 / 3 段