By the fire-ordeal the power of deciding was just as unequivocally left

in their hands. It was generally believed that fire would not burn the

innocent, and the clergy, of course, took care that the innocent, or

such as it was their pleasure or interest to declare so, should be so

warned before undergoing the ordeal, as to preserve themselves without

any difficulty from the fire. One mode of ordeal was to place red-hot

ploughshares on the ground at certain distances, and then, blindfolding

the accused person, make him walk barefooted over them. If he stepped

regularly in the vacant spaces, avoiding the fire, he was adjudged

innocent; if he burned himself, he was declared guilty. As none but the

clergy interfered with the arrangement of the ploughshares, they could

always calculate beforehand the result of the ordeal. To find a person

guilty, they had only to place them at irregular distances, and the

accused was sure to tread upon one of them. When Emma, the wife of King

Ethelred, and mother of Edward the Confessor, was accused of a guilty

familiarity with Alwyn, Bishop of Winchester, she cleared her character

in this manner. The reputation, not only of their order, but of a queen,

being at stake, a verdict of guilty was not to be apprehended from any

ploughshares which priests had the heating of. This ordeal was called

the Judicium Dei, and sometimes the Vulgaris Purgatio, and might also be

tried by several other methods. One was to hold in the hand, unhurt, a

piece of red-hot iron, of the weight of one, two, or three pounds. When

we read not only that men with hard hands, but women of softer and more

delicate skin, could do this with impunity, we must be convinced that

the hands were previously rubbed with some preservative, or that the

apparently hot iron was merely cold iron painted red. Another mode was

to plunge the naked arm into a caldron of boiling water. The priests

then enveloped it in several folds of linen and flannel, and kept the

patient confined within the church, and under their exclusive care,

for three days. If, at the end of that time, the arm appeared without a

scar, the innocence of the accused person was firmly established. [Very

similar to this is the fire-ordeal of the modern Hindoos, which is thus

described in Forbes's "Oriental Memoirs," vol. i. c. xi.--"When a man,

accused of a capital crime, chooses to undergo the ordeal trial, he is

closely confined for several days; his right hand and arm are covered

with thick wax-cloth, tied up and sealed, in the presence of proper

officers, to prevent deceit. In the English districts the covering was

always sealed with the Company's arms, and the prisoner placed under an

European guard. At the time fixed for the ordeal, a caldron of oil is

placed over a fire; when it boils, a piece of money is dropped into the

vessel; the prisoner's arm is unsealed, and washed in the presence of

his judges and accusers. During this part of the ceremony, the attendant

Brahmins supplicate the Deity. On receiving their benediction, the

accused plunges his hand into the boiling fluid, and takes out the coin.

The arm is afterwards again Sealed up until the time appointed for a

re-examination. The seal is then broken: if no blemish appears,

the prisoner is declared innocent; if the contrary, he suffers the

punishment due to his crime." * * * On this trial the accused thus

addresses the element before plunging his hand into the boiling

oil:--"Thou, O fire! pervadest all things. O cause of purity! who givest

evidence of virtue and of sin, declare the truth in this my hand!" If no

juggling were practised, the decisions by this ordeal would be all the

same way; but, as some are by this means declared guilty, and others

innocent, it is clear that the Brahmins, like the Christian priests of

the middle ages, practise some deception in saving those whom they wish

to be thought guiltless.]

As regards the water-ordeal, the same trouble was not taken. It was a

trial only for the poor and humble, and, whether they sank or swam,

was thought of very little consequence. Like the witches of more modern

times, the accused were thrown into a pond or river; if they sank, and

were drowned, their surviving friends had the consolation of knowing

that they were innocent; if they swam, they were guilty. In either case

society was rid of them.

But of all the ordeals, that which the clergy reserved for themselves

was the one least likely to cause any member of their corps to be

declared guilty. The most culpable monster in existence came off clear

when tried by this method. It was called the Corsned, and was thus

performed. A piece of barley bread and a piece of cheese were laid

upon the altar, and the accused priest, in his full canonicals, and

surrounded by all the pompous adjuncts of Roman ceremony, pronounced

certain conjurations, and prayed with great fervency for several

minutes. The burden of his prayer was, that if he were guilty of the

crime laid to his charge, God would send his angel Gabriel to stop his

throat, that he might not be able to swallow the bread and cheese.

There is no instance upon record of a priest having been choked in

this manner. [An ordeal very like this is still practised in India.

Consecrated rice is the article chosen, instead of bread and cheese.

Instances are not rare in which, through the force of imagination,

guilty persons are not able to swallow a single grain. Conscious of

their crime, and fearful of the punishment of Heaven, they feel a

suffocating sensation in their throat when they attempt it, and they

fall on their knees, and confess all that is laid to their charge. The

same thing, no doubt, would have happened with the bread and cheese

of the Roman church, if it had been applied to any others but

ecclesiastics. The latter had too much wisdom to be caught in a trap of

their own setting.]

When, under Pope Gregory VII, it was debated whether the Gregorian chant

should be introduced into Castile, instead of the Musarabic, given by

St. Isidore, of Seville, to the churches of that kingdom, very much ill

feeling was excited. The churches refused to receive the novelty, and it

was proposed that the affair should be decided by a battle between two

champions, one chosen from each side. The clergy would not consent to a

mode of settlement which they considered impious, but had no objection

to try the merits of each chant by the fire ordeal. A great fire was

accordingly made, and a book of the Gregorian and one of the Musarabic

chant were thrown into it, that the flames might decide which was most

agreeable to God by refusing to burn it. Cardinal Baronius, who says

he was an eye-witness of the miracle, relates, that the book of the

Gregorian chant was no sooner laid upon the fire, than it leaped out

uninjured, visibly, and with a great noise. Every one present thought

that the saints had decided in favour of Pope Gregory. After a slight

interval, the fire was extinguished; but, wonderful to relate! the other

book of St. Isidore was found covered with ashes, but not injured in the

slightest degree. The flames had not even warmed it. Upon this it was

resolved, that both were alike agreeable to God, and that they should

be used by turns in all the churches of Seville? [Histoire de Messire

Bertrand du Guesclin, par Paul Hay du Chastelet. Livre i. chap. xix.]

If the ordeals had been confined to questions like this, the laity would

have had little or no objection to them; but when they were introduced

as decisive in all the disputes that might arise between man and man,

the opposition of all those whose prime virtue was personal bravery, was

necessarily excited. In fact, the nobility, from a very early period,

began to look with jealous eyes upon them. They were not slow to

perceive their true purport, which was no other than to make the Church

the last court of appeal in all cases, both civil and criminal: and not

only did the nobility prefer the ancient mode of single combat from

this cause, in itself a sufficient one, but they clung to it because

an acquittal gained by those displays of courage and address which the

battle afforded, was more creditable in the eyes of their compeers, than

one which it required but little or none of either to accomplish. To

these causes may be added another, which was, perhaps, more potent than

either, in raising the credit of the judicial combat at the expense

of the ordeal. The noble institution of chivalry was beginning to take

root, and, notwithstanding the clamours of the clergy, war was made the

sole business of life, and the only elegant pursuit of the aristocracy.

The fine spirit of honour was introduced, any attack upon which was only

to be avenged in the lists, within sight of applauding crowds, whose

verdict of approbation was far more gratifying than the cold and formal

acquittal of the ordeal. Lothaire, the son of Louis I, abolished that

by fire and the trial of the cross within his dominions; but in England

they were allowed so late as the time of Henry III, in the early part

of whose reign they were prohibited by an order of council. In the mean

time, the Crusades had brought the institution of chivalry to the full

height of perfection. The chivalric spirit soon achieved the downfall

of the ordeal system, and established the judicial combat on a basis

too firm to be shaken. It is true that with the fall of chivalry, as an

institution, fell the tournament, and the encounter in the lists; but

the duel, their offspring, has survived to this day, defying the

efforts of sages and philosophers to eradicate it. Among all the

errors bequeathed to us by a barbarous age, it has proved the most

pertinacious. It has put variance between men's reason and their honour;

put the man of sense on a level with the fool, and made thousands who

condemn it submit to it, or practise it. Those who are curious to

see the manner in which these combats were regulated, may consult the

learned Montesquieu, where they will find a copious summary of the code

of ancient duelling. ["Esprit des Loix," livre xxviii. chap. xxv.]

Truly does he remark, in speaking of the clearness and excellence of the

arrangements, that, as there were many wise matters which were conducted

in a very foolish manner, so there were many foolish matters conducted

very wisely. No greater exemplification of it could be given, than the

wise and religious rules of the absurd and blasphemous trial by battle.

In the ages that intervened between the Crusades and the new era that

was opened out by the invention of gunpowder and printing, a more

rational system of legislation took root. The inhabitants of cities,

engaged in the pursuits of trade and industry, were content to

acquiesce in the decisions of their judges and magistrates whenever any

differences arose among them. Unlike the class above them, their habits

and manners did not lead them to seek the battle-field on every slight

occasion. A dispute as to the price of a sack of corn, a bale of

broad-cloth, or a cow, could be more satisfactorily adjusted before the

mayor or bailiff of their district. Even the martial knights and nobles,

quarrelsome as they were, began to see that the trial by battle

would lose its dignity and splendour if too frequently resorted

to. Governments also shared this opinion, and on several occasions

restricted the cases in which it was legal to proceed to this extremity.

In France, before the time of Louis IX, duels were permitted only in

cases of Lese Majesty, Rape, Incendiarism, Assassination, and Burglary.

Louis IX, by taking off all restriction, made them legal in civil eases.

This was not found to work well, and, in 1303, Philip the Fair judged it

necessary to confine them, in criminal matters, to state offences,

rape, and incendiarism; and in civil cases, to questions of disputed

inheritance. Knighthood was allowed to be the best judge of its own

honour, and might defend or avenge it as often as occasion arose.

Among the earliest duels upon record, is a very singular one that

took place in the reign of Louis II (A.D. 878). Ingelgerius, Count of

Gastinois, was one morning discovered by his Countess dead in bed at her

side. Gontran, a relation of the Count, accused the Countess of

having murdered her husband, to whom, he asserted, she had long been

unfaithful, and challenged her to produce a champion to do battle in her

behalf, that he might establish her guilt by killing him.[Memoires

de Brantome touchant les Duels.] All the friends and relatives of the

Countess believed in her innocence; but Gontran was so stout and bold

and renowned a warrior, that no one dared to meet him, for which, as

Brantome quaintly says, "Mauvais et poltrons parens estaient." The

unhappy Countess began to despair, when a champion suddenly appeared

in the person of Ingelgerius, Count of Anjou, a boy of sixteen years

of age, who had been held by the Countess on the baptismal font, and

received her husband's name. He tenderly loved his godmother, and

offered to do battle in her cause against any and every opponent. The

King endeavoured to persuade the generous boy from his enterprise,

urging the great strength, tried skill, and invincible courage of the

challenger; but he persisted in his resolution, to the great sorrow

of all the court, who said it was a cruel thing to permit so brave and

beautiful a child to rush to such butchery and death.

When the lists were prepared, the Countess duly acknowledged her

champion, and the combatants commenced the onset. Gontran rode so

fiercely at his antagonist, and hit him on the shield with such

impetuosity, that he lost his own balance and rolled to the ground. The

young Count, as Gontran fell, passed his lance through his body, and

then dismounting, cut off his head, which, Brantome says, "he presented

to the King, who received it most graciously, and was very joyful, as

much so as if any one had made him a present of a city." The innocence

of the Countess was then proclaimed with great rejoicings; and she

kissed her godson, and wept over his neck with joy, in the presence of

all the assembly.

When the Earl of Essex was accused, by Robert de Montfort, before King

Henry II, in 1162, of having traitorously suffered the royal standard

of England to fall from his hands in a skirmish with the Welsh, at

Coleshill, five years previously, the latter offered to prove the

truth of the charge by single combat. The Earl of Essex accepted

the challenge, and the lists were prepared near Reading. An immense

concourse of persons assembled to witness the battle. Essex at first

fought stoutly, but, losing his temper and self-command, he gave an

advantage to his opponent, which soon decided the struggle. He was

unhorsed, and so severely wounded, that all present thought he was dead.

At the solicitation of his relatives, the monks of the Abbey of Reading

were allowed to remove the body for interment, and Montfort was declared

the victor. Essex, however, was not dead, but stunned only, and,

under the care of the monks, recovered in a few weeks from his bodily

injuries. The wounds of his mind were not so easily healed. Though a

loyal and brave subject, the whole realm believed him a traitor and a

coward because he had been vanquished. He could not brook to return to

the world deprived of the good opinion of his fellows; he, therefore,

made himself a monk, and passed the remainder of his days within the

walls of the Abbey.

Du Chastelet relates a singular duel that was proposed in

Spain.[Histoire de Messire Bertrand du Guesclin, livre i. chap. xix.] A

Christian gentleman of Seville sent a challenge to a Moorish cavalier,

offering to prove against him, with whatever weapons he might choose,

that the religion of Jesus Christ was holy and divine, and that of

Mahomet impious and damnable. The Spanish prelates did not choose that

Christianity should be com promised within their jurisdiction by the

result of any such combat, and they commanded the knight, under pain of

excommunication, to withdraw the challenge.

The same author relates, that under Otho I a question arose among

jurisconsults, viz. whether grandchildren, who had lost their father,

should share equally with their uncles in the property of their

grandfather, at the death of the latter. The difficulty of this question

was found so insurmountable, that none of the lawyers of that day could

resolve it. It was at last decreed, that it should be decided by single

combat. Two champions were accordingly chosen; one for, and the other

against, the claims of the little ones. After a long struggle, the

champion of the uncles was unhorsed and slain; and it was, therefore,

decided, that the right of the grandchildren was established, and that

they should enjoy the same portion of their grandfather's possessions

that their father would have done had he been alive.

Upon pretexts, just as frivolous as these, duels continued to be fought

in most of the countries of Europe during the whole of the fourteenth

and fifteenth centuries. A memorable instance of the slightness of the

pretext on which a man could be forced to fight a duel to the death,

occurs in the Memoirs of the brave Constable, Du Guesclin. The advantage

he had obtained, in a skirmish before Rennes, against William Brembre,

an English captain, so preyed on the spirits of William Troussel, the

chosen friend and companion of the latter, that nothing would satisfy

him but a mortal combat with the Constable. The Duke of Lancaster,

to whom Troussel applied for permission to fight the great Frenchman,

forbade the battle, as not warranted by the circumstances. Troussel

nevertheless burned with a fierce desire to cross his weapon with Du

Guesclin, and sought every occasion to pick a quarrel with him. Having

so good a will for it, of course he found a way. A relative of his had

been taken prisoner by the Constable, in whose hands he remained till he

was able to pay his ransom. Troussel resolved to make a quarrel out of

this, and despatched a messenger to Du Guesclin, demanding the release

of his prisoner, and offering a bond, at a distant date, for the payment

of the ransom. Du Guesclin, who had received intimation of the hostile

purposes of the Englishman, sent back word, that he would not accept his

bond, neither would he release his prisoner, until the full amount of

his ransom was paid. As soon as this answer was received, Troussel sent

a challenge to the Constable, demanding reparation for the injury he had

done his honour, by refusing his bond, and offering a mortal combat, to

be fought three strokes with the lance, three with the sword, and

three with the dagger. Du Guesclin, although ill in bed with the ague,

accepted the challenge, and gave notice to the Marshal d'Andreghem, the

King's Lieutenant-General in Lower Normandy, that he might fix the day

and the place of combat. The Marshal made all necessary arrangements,

upon condition that he who was beaten should pay a hundred florins

of gold to feast the nobles and gentlemen who were witnesses of the

encounter.

The Duke of Lancaster was very angry with his captain, and told him,

that it would be a shame to his knighthood and his nation, if he forced

on a combat with the brave Du Guesclin, at a time when he was enfeebled

by disease and stretched on the couch of suffering. Upon these

representations, Troussel, ashamed of himself, sent notice to Du

Guesclin that he was willing to postpone the duel until such time as he

should be perfectly recovered. Du Guesclin replied, that he could not

think of postponing the combat, after all the nobility had received

notice of it; that he had sufficient strength left, not only to meet,

but to conquer such an opponent as he was; and that, if he did not make

his appearance in the lists at the time appointed, he would publish

him everywhere as a man unworthy to be called a knight, or to wear an

honourable sword by his side. Troussel carried this haughty message to

the Duke of Lancaster, who immediately gave permission for the battle.

On the day appointed, the two combatants appeared in the lists, in the

presence of several thousand spectators. Du Guesclin was attended by

the flower of the French nobility, including the Marshal de Beaumanoir,

Olivier de Mauny, Bertrand de Saint Pern, and the Viscount de la

Belliere, while the Englishman appeared with no more than the customary

retinue of two seconds, two squires, two coutilliers, or daggermen, and

two trumpeters. The first onset was unfavourable to the Constable: he

received so heavy a blow on his shield-arm, that he fell forward to

the left, upon his horse's neck, and, being weakened by his fever, was

nearly thrown to the ground. All his friends thought he could never

recover himself, and began to deplore his ill fortune; but Du Guesclin

collected his energies for a decisive effort, and, at the second charge,

aimed a blow at the shoulder of his enemy, which felled him to the

earth, mortally wounded. He then sprang from his horse, sword in hand,

with the intention of cutting off the head of his fallen foe, when the

Marshal D'Andreghem threw a golden wand into the arena, as a signal that

hostilities should cease. Du Guesclin was proclaimed the victor, amid

the joyous acclamations of the crowd, and retiring, left the field to

the meaner combatants, who were afterwards to make sport for the people.

Four English and as many French squires fought for some time with

pointless lances, when the French, gaining the advantage, the sports

were declared at an end.

In the time of Charles VI, about the beginning of the fifteenth century,

a famous duel was ordered by the Parliament of Paris. The Sieur de

Carrouges being absent in the Holy Land, his lady was violated by the

Sieur Legris. Carrouges, on his return, challenged Legris to mortal

combat, for the twofold crime of violation and slander, inasmuch as he

had denied his guilt, by asserting that the lady was a willing party.

The lady's asseverations of innocence were held to be no evidence by the

Parliament, and the duel was commanded with all the ceremonies. "On

the day appointed," says Brantome, [Memoires de Brantome touchant les

Duels.] "the lady came to witness the spectacle in her chariot; but the

King made her descend, judging her unworthy, because she was criminal in

his eyes till her innocence was proved, and caused her to stand upon

a scaffold to await the mercy of God and this judgment by the battle.

After a short struggle, the Sieur de Carrouges overthrew his enemy, and

made him confess both the rape and the slander. He was then taken to the

gallows and hanged in the presence of the multitude; while the innocence

of the lady was proclaimed by the heralds, and recognized by her

husband, the King, and all the spectators."

Numerous battles, of a similar description, constantly took place, until

the unfortunate issue of one encounter of the kind led the French King,

Henry II, to declare solemnly, that he would never again permit any such

encounter, whether it related to a civil or criminal case, or the honour

of a gentleman.

This memorable combat was fought in the year 1547. Francois de Vivonne,

Lord of La Chataigneraie, and Guy de Chabot, Lord of Jarnac, had been

friends from their early youth, and were noted at the court of Francis

I for the gallantry of their bearing and the magnificence of their

retinue. Chataigneraie, who knew that his friend's means were not very

ample, asked him one day, in confidence, how it was that he contrived to

be so well provided? Jarnac replied, that his father had married a

young and beautiful woman, who, loving the son far better than the sire,

supplied him with as much money as he desired. La Chataigneraie betrayed

the base secret to the Dauphin, the Dauphin to the King, the King to his

courtiers, and the courtiers to all their acquaintance. In a short time

it reached the ears of the old Lord de Jarnac, who immediately sent for

his son, and demanded to know in what manner the report had originated,

and whether he had been vile enough not only to carry on such a

connexion, but to boast of it? De Jarnac indignantly denied that he had

ever said so, or given reason to the world to say so, and requested his

father to accompany him to court, and confront him with his accuser,

that he might see the manner in which he would confound him. They

went accordingly, and the younger De Jarnac, entering a room where the

Dauphin, La Chataigneraie, and several courtiers were present, exclaimed

aloud, "That whoever had asserted, that he maintained a criminal

connexion with his mother-in-law, was a liar and a coward!" Every eye

was turned to the Dauphin and La Chataigneraie, when the latter stood

forward, and asserted, that De Jarnac had himself avowed that such was

the fact, and he would extort from his lips another confession of it. A

case like this could not be met or rebutted by any legal proof, and the

royal council ordered that it should be decided by single combat. The

King, however, set his face against the duel [Although Francis showed

himself in this case an enemy to duelling, yet, in his own case, he had

not the same objection. Every reader of history must remember his answer

to the challenge of the Emperor Charles V. The Emperor wrote that he

had failed in his word, and that he would sustain their quarrel

single-handed against him. Francis replied, that he lied--qu'il en avait

menti par la gorge, and that he was ready to meet him in single combat

whenever and wherever he pleased.] and forbade them both, under pain of

his high displeasure, to proceed any further in the matter. But Francis

died in the following year, and the Dauphin, now Henry II, who was

himself compromised, resolved that the combat should take place.

The lists were prepared in the court-yard of the chateau of St.

Germain-en-Laye, and the 10th of July 1547 was appointed for the

encounter. The cartels of the combatants, which are preserved in the

"Memoires de Castelnau," were as follow:--

"Cartel of Francois de Vivonne, Lord of La Chataigneraie.

"Sire,

"Having learned that Guy Chabot de Jarnac, being lately at Compeigne,

asserted, that whoever had said that he boasted of having criminal

intercourse with his mother-in-law, was wicked and a wretch,--I, Sire,

with your good-will and pleasure, do answer, that he has wickedly lied,

and will lie as many times as he denies having said that which I affirm

he did say; for I repeat, that he told me several times, and boasted of

it, that he had slept with his mother-in-law.

"Francois de Vivonne."

To this cartel De Jarnac replied:--

"Sire,

"With your good will and permission, I say, that Francois de Vivonne has

lied in the imputation which he has cast upon me, and of which I spoke

to you at Compeigne. I, therefore, entreat you, Sire, most humbly, that

you be pleased to grant us a fair field, that we may fight this battle

to the death.

"Guy Chabot."

Memoirs of Extraordinary Popular Delusions — Volume 1 · 第 14 / 23 段