CHAPTER LI.

A Popular Story--Ordeal of Red-hot Iron--Ordeal by

Boiling Water--Theatberge, wife of Lothaire, accused

of Incest--Purgation by Cold Water--Forbes's

Memoirs--Ordeals by Boiling Oil--Trial by Wager of

Battle--When Trial by Wager of Battle ceased--Trial by

Jury--Combats in Germany--Bier placed near the

Combatants--Court of King's Bench deciding the

Legality of Trial by Battle--Sir Walter Scott's

Illustrations of Superstition and Trial by Battle in

Olden Times.

A popular story is told of Emma, mother of Edward the Confessor, being

accused of too great familiarity with the Bishop of Leicester. To

justify herself, she demanded the ordeal of red-hot iron. Her demand

was complied with, and she passed barefooted and blindfolded over nine

red-hot ploughshares without touching them. Her innocence was thereby

held to be proved.

Nobles and great persons who submitted to ordeal by water were purged

by boiling water, but the populace had to undergo the cold-water test.

Theatberge, wife of Lothaire of France, having been accused of incest,

certain bishops were consulted as to the manner of establishing her

guilt or innocence; and they concluded that recourse should be had to

proof by boiling water. She was ordered to plunge her hand into a

basin of boiling water, and take out a ring put therein. In place of

complying, she availed herself of a privilege the law allowed--to find

a substitute. He whom she chose produced the ring without injuring his

hand, in spite of the fire under the caldron being so intense that the

water boiled over.

In the trial or purgation by cold water, the accused, after prayers

and other ceremonies, was cast into deep water, swaddled or tied in

such a manner as to make it impossible for him or her to swim. If the

accused sank, he or she was held criminal, and allowed to drown. If

the person floated, it was regarded as a proof of innocence, and the

lucky one was drawn out of the water to be set free.

Mr. Forbes, in his _Oriental Memoirs_, says that, among the curious

circumstances connected with his administration of justice at

Dheeborg, he was sometimes obliged to determine causes by ordeal

trial. In one instance a man was accused of stealing a child wearing

many jewels. Circumstances were against him, on which he demanded

trial by ordeal. Mr. Forbes was at first averse to adopt such a

measure, but, at the request of the Hindoo arbitrators, who sat on the

carpet of justice, and especially at the request of the child's

parents, he consented. A vessel full of boiling oil was brought into

the durbar, and, after a short ceremony by the Brahmins, the accused

person, without showing any anxiety, plunged his hand to the bottom

and took out a small silver coin. He did not appear to have sustained

any hurt, or to suffer the least pain. The suspected person's

innocence being thus established in the eyes of the arbitrators and

parents, he was set free.

Another instance of trial by ordeal is mentioned by Mr. Forbes. The

coolies of a village in the northern part of Guzerat were accused of

having seized and imprisoned a Bohra, and, of extorting a bond from

him for 450 rupees. The chief, a Khemaria coolie, named Wagajee,

denied the charge, and, for proof of his innocence and that of his

people, offered to submit to trial by any kind of ordeal. The Bohra

agreed to this mode of proof, and it was determined that the coolie

should immerse his hand in a vessel of boiling oil. A large copper-pot

full of oil was put on a fire in the market place, and a pair of

blacksmith's bellows applied to blow the fire until the oil became

very hot. A rupee was then thrown into the pot. The accused, when

requested, came forward, stripped himself, said his prayers, and

protested his innocence. He resisted every attempt to dissuade him

from the trial. A crowd of people, impressed with the awfulness of

such an immediate appeal to the deity, prayed devoutly that, if he

were not guilty, he might pass through the test unhurt. Wagajee walked

up to the boiling oil, dipped his hand into it, and laid hold of the

rupee. He then held up his hand, that the spectators might satisfy

themselves of his veracity. His hand appeared as if it had been merely

put into cold oil. All parties were satisfied, and Wagajee was

dismissed with the present of a new turban.

Trial by ordeal was introduced into England by the Saxons. Under the

English laws, a prisoner might choose whether he would be tried by

ordeal or by jury. Trial by ordeal was abolished in this country in

the year 1218.

Trial by or wager of battle may be mentioned as a form of superstition

which remained as a legal way of deciding criminal cases down to the

time of George III.

In 1817 a young man, charged with murdering his sweetheart in England,

claimed the right to have his case decided by wager of battle: the

court admitted the claim, but he whose right it was to accept the

challenge refused to fight, and so the accused escaped punishment.

This led to the law, which allowed trial by battle, being repealed in

1819.

Before commencing the fight, the combatants were compelled to swear

that neither of them would resort to sorcery or witchcraft. If the

accused were slain, the judges regarded the fatal deed as proof of his

guilt. If overpowered, but not killed, he was adjudged guilty, and

sentenced to be immediately executed. Women, priests, infants, men

sixty years of age, or lame or blind, had it in their option to refuse

wager of battle, and were entitled to demand trial by jury.

An old author says: "If two neighbours 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, and

the two parties shall touch it with the points of their swords,

calling on the Most High to witness their claims. After this let them

combat, and let victory prove who is right and who is wrong."

Sir Walter Scott gives a good illustration of the superstition of

olden times, and of trial by battle, in _Ivanhoe_. We are told that

after Ivanhoe was wounded at the tournament, Rebecca, the Jewess, lost

no time in causing the patient to be removed to her father's dwelling,

and with her own hands bound up his wounds. The Jews, both male and

female, possessed and practised the medical science; and the monarchs

and powerful barons of the time, says the novelist, frequently, when

wounded or in sickness, committed themselves as patients to the charge

of an experienced person among the despised people. A general belief

prevailed among Christians that the Jewish rabbins were acquainted

with the occult sciences, and particularly with the cabalistical art.

The rabbins did not disavow such acquaintance with supernatural arts.

Rebecca's knowledge of the healing art had been acquired under an aged

Jewess, the daughter of a celebrated doctor. Miriam fell a sacrifice

to the fanaticism of the times, but her secrets had survived in her

apt pupil. The wounded knight, as might be expected, recovered under

the medical treatment of Rebecca. For this she was accused of working

cures by words, sigils, and other cabalistical mysteries.

"Nay, reverend and brave knight," answered Isaac, Rebecca's father, in

reply to Beaumanoir, who brought the charge against the Jewess, "but in

chief measure by a balsam of marvellous virtue;" and in reply to

another question, Isaac reluctantly told that Rebecca had obtained her

secret from Miriam, whom the Grand Master designated a witch and

enchantress, whose body had been burned at a stake, and her ashes

scattered to the four winds. "The laws of England," exclaimed

Beaumanoir, "permit and enjoin each judge to execute justice within

his own jurisdiction. The most petty baron may arrest, try, and

condemn a witch found within his own domain.... The witch shall be

taken out of the land, and the wickedness thereof shall be forgiven.

Prepare the castle-hall for the trial of the sorceress."

Poor Rebecca was brought before the Grand Master, charged with various

crimes. "We have," said the Master, "summoned to our presence a Jewish

woman, by name Rebecca, daughter of York--a woman infamous for

sortileges and for witcheries; whereby she hath maddened the blood,

and besotted the brain, not of a churl, but of a knight--not of a

secular knight, but of one devoted to the service of the holy

temple--not of a knight champion, but of a preceptor.... By means of

charms and of spells, Satan had obtained dominion over the knight,

perchance because he cast his eyes too lightly upon a damsel's

beauty."

Witnesses being invited by the Grand Master, forward came a once

bedridden man, whom the prisoner had restored to the perfect use of

his limbs by a miraculous balsam. Unwillingly he testified to Rebecca

curing him, giving him a pot of spicy smelling ointment, and supplying

him with money to pay his expenses to his father's house, whither he

wished to repair. Other witnesses deponed that Rebecca muttered to

herself in an unknown tongue, that the songs she sang were peculiarly

sweet, that her garments were of a strange mystic form, and that she

had rings with cabalistic devices. A soldier testified that he had

seen her cure a wounded man in a mysterious way. He said she made

certain signs upon the wound, and repeated words he understood not.

The result, he declared, was that the iron head of a cross-bow bolt

disengaged itself from the wound, the bleeding was staunched, the

wound closed, and the seemingly dying man was within a quarter of an

hour walking upon the ramparts. Another soldier deponed that he had

seen Rebecca perch herself upon a high turret, and there take the form

of a white swan, under which appearance she flitted three times round

the castle of Torquailstone. Again she settled on the turret, and once

more assumed her womanly form. The evidence was considered more than

enough to condemn the unhappy Jewess; and in a solemn tone the Grand

Master demanded what she had to say against sentence of condemnation

being pronounced against her. Rebecca knew the law; she maintained her

innocence, claimed the privilege of trial by combat, and offered to

appear by a champion.

Brian de Bois-Gilbert was appointed to do battle on behalf of himself

and the order of knights to which he belonged; and the day came when

the die would be cast that was to decide the fate of Rebecca. At the

castle of Templestowe everything was prepared by the prosecutor for

the combat, but for poor Rebecca no champion appeared. Near the lists

was a pile of faggots so arranged around a stake as to leave a space

for the accused to enter within the fatal circle, chained by fetters,

in order to be ready for the fiery punishment. At the hour appointed

for the champions to meet, the large bell of St. Michael tolled

mournfully, the drawbridge fell, the gates opened, and a knight,

bearing a great standard, sallied forth from the castle, preceded by

six trumpeters, and followed by the knights preceptors, the Grand

Master coming behind. Then came Brian de Bois-Gilbert, armed

_cap-a-pie_, accompanied by two godfathers and many squires and pages.

After these followed a guard of warders, with the trembling Jewess,

stripped of all her ornaments, lest there should be among them

amulets, which Satan was supposed to bestow upon his victims, to

deprive them of the power of confession, even when under torture.

While the Grand Master took his exalted seat, the unfortunate culprit

was conducted to the black chair, near the ready prepared pile.

Everything being arranged, a loud and long flourish of trumpets

announced that the proceedings of the court were to begin. Brian de

Bois-Gilbert stood ready for the combat, but a champion was still

wanting for the appellant. Lest Jew or Pagan should charge the court

with injustice, the Grand Master declared his readiness to wait till

the shadows were in the west, to see if a champion would appear for

the culprit. But the general belief prevailed that no one would stand

up for her; and the craven knights whispered to each other, when the

day was far gone, that the time had come for declaring the pledge of

Rebecca forfeited. At this instant, a knight, urging his horse

forward, appeared on the plain advancing towards the lists. A hundred

voices exclaimed, "A champion! a champion!" Yes, it was a champion,

the renowned Wilfred of Ivanhoe. "Rebecca," said he, riding up to the

black chair, "dost thou accept me for thy champion?" The answer was in

the affirmative. Little time was now lost; the champions confronted

each other. Trumpets sounded, and the knights charged in full career.

The wearied horse of Ivanhoe, and its no less exhausted rider, went

down, as all had expected, before the well-aimed lance and vigorous

steed of the Templar. This result all had foreseen; but although the

spear of Ivanhoe did but lightly touch the shield of Bois-Gilbert,

that combatant reeled in his saddle, lost his stirrups, and fell in

the lists. Ivanhoe, extricating himself from his fallen horse, was

soon on foot, hastening to mend his fortune by the sword; but his

antagonist rose not. Wilfred, placing his foot on his opponent's

breast, and the sword's point to his throat, commanded him to yield,

or die on the spot. Bois-Gilbert returned no answer. The fallen knight

was unhelmed. His eyes were closed--he was dead, supposed to have died

a victim to the violence of his own passions. When the first moments

of surprise were over, the Grand Master pronounced the maiden free and

guiltless.

The conclusion of this story is touching in the extreme. Soon after

this Ivanhoe and the Lady Ravena were married. On the second morning

after the nuptials, Rebecca waited on the Lady of Ivanhoe, and

presented her with a small silver casket containing jewels of great

value; and leaving a message to her champion, who never ceased to

remember her, she hastened away to other lands, to tend the sick, feed

the hungry, and relieve the distressed.

CURSES AND EVIL WISHES.

The Mysteries of All Nations Rise and Progress of Superstition, Laws Against and Trials of Witches, Ancient and Modern Delusions Together with Strange Customs, Fables, and Tales · 第 51 / 73 章