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.