The miserable pair are not long uncertain about their fate. They have told the truth about the lair of their comrades. The provost's band surprises the spot. Six hardened rogues, in the very act of counting their plunder, are overpowered. But why weary Messire the Baron with the empty form of trying these robbers when there is no mortal doubt of their guilt and no new information is to be extracted from them? Their throats are therefore cut as unceremoniously as the cook's boy attends to pigeons. The next day, wholly casually, Sire Macaire reports his good success to his lord, and remarks, "I presume, fair Sire, that Denis can hang the two he has in the dungeon." Conon (just arranging a hawking party) rejoins: "As soon as the chaplain can shrive them." Why, again, should the prisoners complain? They are certainly allowed to prepare decently for the next world, a favor entirely denied their comrades.
If there had been any real doubt as to the guilt of the two bandits, they might in desperation have tried to clear themselves by ordeal. If they could have picked a stone out of a caldron of boiling water, lifted and carried a red-hot iron, or even partaken of the Holy Sacrament (first calling on God to strike them dead if they were guilty), and after such a test seemed none the worse, they might have had some claim to go free. Ordeals are an old Germanic usage. They seem to refer the decision to all-seeing God. But ever since Charlemagne's day they have been falling into disfavor. Great churchmen are ordinarily too intelligent to encourage them. Men learned in the law say that often they wrest justice. Brave knights declare the only ordeal worth having is a duel between two champions.
Ordeals, the Pillory and Flogging
Sometimes, instead of wrangling, clerics have undertaken to prove themselves right by "passing through fire"—walking down a narrow lane between two great piles of blazing fagots, and trusting that Heaven will guard them even as it did the three Hebrew children in Nebuchadnezzar's furnace. Such tests seldom are satisfactory. Men still dispute about the ordeal of the monk Peter Barthelmey during the First Crusade. He was accused of a pretended miracle and tried to vindicate himself by "passing through fire alive." All agreed that he emerged from the flames alive; yet in a few days he died. His foes said because he was sorely burned; his friends because, although unscathed by the fire, he was merely trampled upon by the crowd that rushed up to discover his fate!
The only time one can ordinarily rely upon ordeals is in tests for witchcraft. If an old woman is so accused, she must be tied hand and foot and cast into the river. If she floats, the devil is aiding; draw her out, therefore, and burn her at the stake. If she sinks (as in a case recently at Pontdebois) she is innocent. Unfortunately, in this instance the poor wretch went to the bottom before they could determine that she was guiltless; but the saints know their own, and doubtless they have given recompense and rest to her soul.
Naturally many petty offenses do not deserve death. The criminals are usually too poor to pay fines, and it is a waste of honest folk's bread to let them spend set terms in prison. For small misdemeanants it is often enough to drive the rascals around the neighboring villages in a cart, calling out their names amid hootings and showers of offal. But in the village beyond the Claire is located the pillory for a large class of rogues. It is a kind of high scaffold with several sets of chains and wooden collars, through which the offenders' arms and heads are thrust, while they stand for hours, in hot sun or winter cold, exposed to the jeerings and pebbles of the assembled idlers gathered beneath.
The next stage of penalty is sometimes a public flogging. The prisoner is stripped to the waist and driven around the seigneury. At each crossroads his guards give so many blows over the shoulders with a knotted rope. We have seen how branding was ordered for one young miscreant to put on him an ineffaceable stigma; and not infrequently one can meet both men and women with a hand lopped off, or even an eye gouged out, as a merciful substitute for their true deserts upon the gallows. Old Baron Garnier once, when peculiarly incensed, ordered the "hot bowl"—namely, that a red-hot brazier should be passed before the eyes of his victim until sight was destroyed.
But if a villein has committed a great crime he were best dismissed from an overtroubled world. Dead men never bother the provost twice. All over France you will find a gallows almost as common a sight in the landscape as a castle, an abbey, or a village. Many a fine spreading tree by the roadway has a skeleton be-dangling from one of its limbs. It is a lucky family of peasants which has not had some member thereof hanged, and even then plenty of rogues will die in their beds. Considering the general wickedness abroad, it seems as if there were a perpetual race between the criminals and the hangmen, with the criminals well to the fore.[55]
The Public Gallows