At day-break, the Priest, after sprinkling them with the holy-water,
and making them drink, presented them with the Book of the Evangelists
to kiss, and then crossed them. The Mass then began. From that moment,
the fire was no more increased: but the Iron was left on the embers,
until the last Collect. That finished, the Iron was raised, and the
most profound silence was observed, in praying the Deity to manifest
the truth. At this instant, the accused took the Iron into his hand,
and carried it to the distance of nine feet, _juxta mensuram pedum
ejus_. The Trial being ended, the hand of the accused was bound up,
and the bandage sealed; and, three days after, the hand was examined,
to ascertain whether it was or not _impure_, which M. Houard, thus
explains: _ce qui doit, je crois, faire entendre que l’on n’étoit
pas coupable, quand la main conservoit des marques de brûlure mais
seulement lorsque la brûlure tomboit en supuration_. (_ubi supra._)
But, if the accused elected the Trial by Water, then, the Water was
placed in a Vessel, and heated to the highest degree. For inferior
Crimes, the accused plunged his arm up to the wrist: for crimes of
deeper dye, he plunged it up to the Elbow. In every other part of the
ceremony, the two species of Trial by water and fire agreed. (LL. Inæ
c. 77.) The Mirror coincides with the text of Glanville, (c. 3. s.
23.) and Lord Hale informs us, “that in all the time of King John the
purgation _per ignem et aquam_, or the Trial by _Ordeal_, continued, as
appears by frequent Entries upon the Rolls; but, it seems to have ended
with this king, for I do not find it in use in any time after.” (Hist.
Com. Law. 152.)]
CHAP. II.
A plea, concerning the fraudulent concealment of Treasure Trove, is
usually managed, in the manner and order above stated, where a certain
Accuser appears.[506] But, if a Man is accused of this crime by the
public voice only, it is not usual, according to the Law of the Land,
for him to purge himself by the Ordeal,[507] although by the Assise
a different course may be resorted to, unless he has been first
convicted, or has confessed in Court, that he has found and taken some
kind of Metal in the place in question.[508] But, if upon this fact
the party be convicted, the presumption being against him, he shall be
obliged to purge himself by the Ordeal, that he had not found or taken
any more from the place in question. In other respects, the proceedings
are as before stated.
[Footnote 506: Vide Bracton 119. b. Britton c. 17. s. 1. Dial. de
Scacc. L. 2. s. 10. The modern French Code gives the treasure to the
person who finds it, if the owner of the Estate: if not, half to him,
and the other half to the owner of the Estate. (Code Napoleon.)]
[Footnote 507: Yet see LL. Hen. 1. c. 63. Ed. Wilkins.]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account