English literature -- History and criticism; Literature -- Anecdotes; Litterateurs
Judicial combat appears to have been practised by the Jews. Whenever the
rabbins had to decide on a dispute about property between two parties,
neither of which could produce evidence to substantiate his claim, they
terminated it by single combat. The rabbins were impressed by a notion,
that consciousness of right would give additional confidence and
strength to the rightful possessor. It may, however, be more
philosophical to observe, that such judicial combats were more
frequently favourable to the criminal than to the innocent, because the
bold wicked man is usually more ferocious and hardy than he whom he
singles out as his victim, and who only wishes to preserve his own quiet
enjoyment:--in this case the assailant is the more terrible combatant.
Those accused of robbery were put to trial by a piece of barley-bread,
on which the mass had been said; which if they could not swallow, they
were declared guilty. This mode of trial was improved by adding to the
_bread_ a slice of _cheese_; and such was their credulity, that they
were very particular in this holy _bread_ and _cheese_, called the
_corsned_. The bread was to be of unleavened barley, and the cheese made
of ewe's milk in the month of May.
Du Cange observed, that the expression--"_May this piece of bread choke
me!_" comes from this custom. The anecdote of Earl Godwin's death by
swallowing a piece of bread, in making this asseveration, is recorded in
our history. Doubtless superstition would often terrify the innocent
person, in the attempt of swallowing a consecrated morsel.
Among the proofs of guilt in superstitious ages was that of the
_bleeding of a corpse_. It was believed, that at the touch or approach
of the murderer the blood gushed out of the murdered. By the side of the
bier, if the slightest change was observable in the eyes, the mouth,
feet, or hands of the corpse, the murderer was conjectured to be
present, and many innocent spectators must have suffered death. "When a
body is full of blood, warmed by a sudden external heat, and a
putrefaction coming on, some of the blood-vessels will burst, as they
will all in time." This practice was once allowed in England, and is
still looked on in some of the uncivilized parts of these kingdoms as a
detection of the criminal. It forms a solemn picture in the histories
and ballads of our old writers.
Public-domain text, read in full here on John Shaqi.
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