Martia. After Dunwallon, the next lawgiuer was Martia, whome Leland surnameth Proba; and after him Iohn Bale also, who in his Centuries dooth iustlie confesse himselfe to haue béene holpen by the said Leland, as I my selfe doo likewise for manie things conteined in this treatise. Shée was wife vnto Gutteline king of the Britons: and being made protectrix of the realme, after hir husbands deceasse in the nonage of hir sonne, and séeing manie things dailie to grow vp among hir people worthie reformation, she deuised sundrie and those verie politike lawes, for the gouernance of hir kingdome, which hir subiects when she was dead and gone, did name the Martian statutes. Who turned them into Latine, as yet I doo not read, howbeit (as I said before of the lawes of Mulmutius) so the same Alfred caused those of this excellentlie well learned ladie (whome diuerse commend also for hir great knowledge in the Gréeke toong) to be turned into his owne language, wherevpon it came to passe that they were dailie executed among his subiects, afterward allowed of (among the rest) by the Normans, and finallie remaine in vse in these our daies, notwithstanding that we can not disseuer them also verie readilie from the other.
The seuenth alteration of lawes was practised by the Saxons, for I ouerpasse the vse of the ciuill ordinances vsed in Rome, finallie brought hither by the Romans, & yet in perfect notice among the Ciuilians of our countrie, though neuer generallie nor fullie receiued by all the seuerall regions of this Iland. Certes there are great numbers of these later, which yet remaine in sound knowlege, and are to be read, being comprehended for the most part vnder the names of the Martian Law.
Saxon Law.
Dane Law. Martian and the Saxon law. Beside these also I read of the Dane law, so that the people of middle England were ruled by the first, the west Saxons by the second; as Essex, Norffolke, Suffolke, Cambridgeshire, and part of Herfordshire were by the third, of all the rest the most inequall and intollerable. And as in these daies what soeuer the prince in publike assemblie commanded vpon the necessitie of his subiects, or his owne voluntarie authoritie, was counted for law: so none of them had appointed anie certeine place, wherevnto his people might repaire at fixed times for iustice, but caused them to resort commonlie to their palaces, where in proper person they would often determine their causes, and so make shortest worke, or else commit the same to the hearing of other, and so dispatch them awaie. Neither had they any house appointed to assemble in for the making of their ordinances, as we haue now at Westminster. Wherefore Edmund gaue lawes at London & Lincolne, Ethelred at Habam, Alfred at Woodstock and Wannetting, Athelstane in Excester, Cricklade, Feuersham, & Thundersleie, Canutus at Winchester, &c: other in other places, whereof this may suffice.
Among other things also vsed in the time of the Saxons, it shall not be amisse to set downe the forme of their Ordalian law, which they brought hither with them from beyond the seas out of Scithia, and vsed onelie in the triall of guiltie and vnguiltinesse. Certes it conteined not an ordinarie procéeding by daies and termes, as in the ciuill and common law we sée practised in these daies; but a short dispatch & triall of the matter by fire or water, whereof at this present I will deliuer the circumstance, as I haue faithfullie translated it out of an ancient volume, and conferred with an imprinted copie, latelie published by M. Lambert, and now extant to be read. Neuerthelesse, as the Scithians were the first that vsed this practise, so I read that it was taken vp and occupied also in France in processe of time, yea and likewise in Grecia, as G. Pachymerus remembreth in the first booke of his historie (which beginneth with the empire of M. Paleologus) where he noteth his owne sight and vew in that behalfe. But what stand I herevpon?
Ordalian law. The Ordalian (saith the aforesaid author) was a certeine maner of Fire. purgation vsed two waies, wherof the one was by fire, the other by water. In the execution of that which was doone by fire, the partie accused should go a certeine number of pases, with an hot iron in his hand, or else bare footed vpon certeine plough shares red hot, according to the maner. This iron was sometime of one pound weight, and then was it called single Ordalium, sometimes of thrée, and then named treble Ordalium, and whosoeuer did beare or tread on the same without hurt of his bodie he was adiudged guiltlesse, otherwise if his skin were scorched, he was foorthwith condemned as guiltie of the trespasse whereof he was accused, according to the proportion and quantitie of the burning.
Water. There were in like sort two kinds of triall by the water, that is to say, either by hot or cold: and in this triall the partie thought culpable, was either tumbled into some pond or huge vessell of cold water, wherein if he continued for a season, without wrestling or strugling for life, he was foorthwith acquited as guiltlesse of the fact wherof he was accused: but if he began to plunge, and labour once for breath immediatlie vpon his falling into that liquor, he was by and by condemned as guiltie of the crime. Or else he did thrust his arme vp to the shoulder into a lead, copper, or caldron of seething water, from whence if he withdrew the same without anie maner of damage, he was discharged of further molestation: otherwise he was taken for a trespasser, and punished accordinglie. The fierie maner of purgation belonged onelie to noble men and women, and such as were frée borne: but the husbandmen and villaines were tried by water. Wherof to shew the vnlearned dealing and blind ignorance of those times, it shall not be impertinent to set foorth the whole maner, which continued here in England vntill the time of King Iohn, who séeing the manifold subtilties in the same (by sundrie sorcerous and artificiall practises whereby the working of the said elements were restreined) did extinguish it altogither as flat lewdnesse and bouerie. The Rubrike of the treatise entereth thus: "Here beginneth the execution of iustice, whereby the giltie or vngiltie are tried by hot iron. Then it followeth: After accusation lawfullie made, and three daies spent in fasting and praier, the priest being clad in all his holie vestures, sauing his vestiment, shall take the iron laid before the altar with a paire of tongs, and singing the hymne of the three children, that is to saie, O all ye workes of God the Lord, and in Latine Benedicite omnia opera, &c: he shall carie it solemnelie to the fire (alreadie made for that purpose) and first saie these words ouer the place where the fire is kindled, whereby this purgation shall be made in Latine as insueth: Benedic Domine Deus locum istum, vt sit nobis in eo sanitas, sanctitas, castitas, virtus, & victoria, & sanctimonia, humilitas, bonitas, lenitas, & plenitudo legis, & obedientia Deo patri, & filio, & spiritui sancto. Hæc benedictio sit super hunc locum, & super omnes habitantes in eo. In English: Blesse thou O Lord this place, that it may be to vs health, holinesse, chastitie, vertue, and victorie, purenesse, humilitie, goodnesse, gentlenesse, and fulnesse of the law, and obedience to God the father, the sonne, and the holie ghost. This blessing be vpon this place, and all that dwell in it. Then followeth the blessing of the fire. Domine Deus pater omnipotens, lumen indeficiens, exaudi nos, quia tu es conditor omnium luminum. Benedic Domine hoc lumen, quod ante sanctificatum est, qui illuminasti omnem hominem venientem in hunc mundum (vel mundum) vt ab eo lumine accendamur igne claritatis tuæ. Et sicut igne illuminasti Mosen, ita nunc illumina corda nostra, & sensus nostros, vt ad vitam æternam mereamur peruenire, per Christum, &c. Lord God father almightie, light euerlasting, heare vs, sith thou art the maker of all lights. Blesse O Lord this light, that is alreadie sanctified in thy sight, which hast lightned all men that come into the world (or the whole world) to the end that by the same light we may be lightned with the shining of thy brightnesse. As thou diddest lighten Moses, so now illuminate our hearts, and our senses, that we may deserue to come to euerlasting life, through Christ our, &c. This being ended let him say the Pater noster, &c: then these words: Saluum fac seruum, &c. Mitte ei auxilium Deus, &c. De Sion tuere eum, &c. Dominus vobiscum, &c. That is, O Lord saue thy seruant, &c. Send him helpe O God from thy holie place, &c. Defend him out of Sion, &c. Lord heare, &c. The Lord be with you, &c.
"The praier. Benedic Domine sancte pater, omnipotens Deus, per inuocationem sanctissimi nominis tui, & per aduentum filij tui, atque per donum spiritus paracleti, ad manifestandum verum iudicium tuum, hoc genus metalli, vt sit sanctificatum, & omni dæmonum falsitate procul remota, veritas veri iudicij tui fidelibus tuis manifesta fiat, per eundem Dominum, &c. In English: Blesse we beséech thee O Lord, holie father, euerlasting God, through the inuocation of thy most holie name, by the comming of thy sonne, and gift of the holie ghost, and to the manifestation of thy true iudgement, this kind of mettall, that being hallowed, and all fraudulent practises of the diuels vtterlie remoued, the manifest truth of thy true iudgement may be reuealed, by the same Lord Iesus, &c.
"After this, let the iron be laid into the fire, and sprinkled with holie water, and whilest it heateth, let the priest go to masse, and doo as order requireth: and when he hath receiued the host, he shall call the man that is to be purged (as it is written hereafter) first adiuring him, and then permitting him to communicate according to the maner.
The office of the masse.
"Iustus es Domine, &c. O Lord thou art iust, &c.
The Praier.