THE WIDOW’S ORDEAL
OR A JUDICIAL TRIAL BY COMBAT
The world is daily growing older and wiser. Its institutions vary with its years, and mark its growing wisdom; and none more so than its modes of investigating truth, and ascertaining guilt or innocence. In its nonage, when man was yet a fallible being, and doubted the accuracy of his own intellect, appeals were made to heaven in dark and doubtful cases of atrocious accusation.
The accused was required to plunge his hand in boiling oil, or to walk across red-hot plowshares, or to maintain his innocence in armed fight and listed field, in person or by champion. If he passed these ordeals unscathed, he stood acquitted, and the result was regarded as a verdict from on high.
It is somewhat remarkable that, in the gallant age of chivalry, the gentler sex should have been most frequently the subjects of these rude trials and perilous ordeals; and that, too, when assailed in their most delicate and vulnerable part—their honor.
In the present very old and enlightened age of the world, when the human intellect is perfectly competent to the management of its own concerns, and needs no special interposition of heaven in its affairs, the trial by jury has superseded these superhuman ordeals; and the unanimity of twelve discordant minds is necessary to constitute a verdict. Such a unanimity would, at first sight, appear also to require a miracle from heaven; but it is produced by a simple device of human ingenuity. The twelve jurors are locked up in their box, there to fast until abstinence shall have so clarified their intellects that the whole jarring panel can discern the truth, and concur in a unanimous decision. One point is certain, that truth is one and is immutable—until the jurors all agree, they cannot all be right.
It is not our intention, however, to discuss this great judicial point, or to question the avowed superiority of the mode of investigating truth adopted in this antiquated and very sagacious era. It is our object merely to exhibit to the curious reader one of the most memorable cases of judicial combat we find in the annals of Spain. It occurred at the bright commencement of the reign, and in the youthful, and, as yet, glorious days, of Roderick the Goth; who subsequently tarnished his fame at home by his misdeeds, and, finally, lost his kingdom and his life on the banks of the Guadalete, in that disastrous battle which gave up Spain a conquest to the Moors. The following is the story:
There was once upon a time a certain duke of Lorraine, who was acknowledged throughout his domains to be one of the wisest princes that ever lived. In fact, there was no one measure adopted by him that did not astonish his privy counselors and gentlemen in attendance; and he said such witty things, and made such sensible speeches, that the jaws of his high chamberlain were wellnigh dislocated from laughing with delight at one, and gaping with wonder at the other.