(The Percy Anecdotes, p. 161.) The paternity of two children resulting from a morganitic marriage of Robert Curthose, son of William the Conqueror, is reported to have been established by the ordeal of the red-hot iron, which the mother carried unhurt, and Curthose, then Duke of Normandy, thus convinced of the legitimacy of the boys, regularly adopted them. Roger de Wendover, Ann. 1085; Lea, “Superstition and Force,” (3 ed.) 259. [62] Roger of Wendover, ann. 1054; Matthew of Westminster, ann. 1054; Chronicles of Croyland, ann. 1053; Henry of Huntington, ann. 1053; Wm. of Malmesbury, Lib. II., cap. 13; Lea, “Superstition and Force,” (3 ed.) p. 301. [63] Lea, “Superstition and Force,” _supra_. [64] Lea, “Superstition and Force,” (3 ed.) p. 247. [65] _Ante idem._ [66] Lea, “Superstition and Force,” (3 ed.) p. 247; Hincmar, de Divert. Lothat. Interrog. vl. [67] Palgrave erroneously states that the _Retuii Curia Regis_ is the “oldest judicial record in existence.” The records of trials obtaining during the reign of Hammurabi, 2250 years before Christ, are in existence. See Chapter on “_Recall of Judges_;” John’s “Laws of Babylonia,” etc. [68] Palgrave’s “Proofs and Illustrations,” clxxxviii; Stephen’s “Criminal Procedure,” II. Essays in Anglo-American Legal History, pp. 487, 488. [69] Palgrave’s “Proofs and Illustrations,” clxxxv; Stephen’s “Criminal Procedure,” _supra_. [70] Malleus Maleficar. Francof. 1580, pp. 523-31; Lea, “Superstition and Force,” (3 ed.) 264. [71] Benjamin Thorpe’s Elder Edda, pp. 106, 107; Prof. Bugge’s Ed. of Copenhagen, (1867); Prof. Rask’s ed. of 1818; Lea, “Superstition and Force,” (3 ed.) 335. [72] Benedicti Abbatis Gest. Henr. ann. 1189; Roger de Hoveden, ann. 1186; Lea, “Superstition and Force,” (3 ed.) 316. [73] Richard III., Act I., Scene II. Sir Walter Scott uses the ordeal of the bier in the “Fair Maid of Perth,” in connection with the killing of Oliver Proudfute, who was killed with a lochabar axe. On the principle that “murder will out,” while the body lay in state at the High Church of St. John, in Perth, the servants of Sir John Ramorny were required to pass by the corpse and touch it, but when Bonthron, the person who had really slain the deceased, came to the body, he refused to touch it and claimed the right of trial by battle. (“Fair Maid of Perth,” Chapter XXIII.) [74] Lea, “Superstition and Force,” (3 ed.) 335. [75] II. Pollock and Maitland’s History English Law, 650; Lea “Superstition and Force,” (3 ed.) 333. [76] _Ante idem._ [77] II. Cnuti, Saec. cap. xxx, xli. [78] L. Henrici, I., cap. lxv, sec. 3. [79] Lea, “Superstition and Force,” (3 ed.) 354, 356; Annal. Benedict. L. 57, No. 74, ann. 1036. [80] Concil. Lateran. IV., c. 18; II. Pollock and Maitland’s History English Law, 599. [81] Rymer, Foed. I., 228; II. Pollock and Maitland’s History Eng. Law, _supra_.