Illustrative of the approval of the church of Rome in the ancient procedure by ordeal, we find, in the ninth century that Hincmar expatiated upon the blessing of such a test, in that it combines “The elements of water and of fire: the one representing the deluge—the judgment inflicted on the wicked of old; the other authorized by the fiery doom of the future—the day of judgment, in both of which we see the righteous escape and the wicked suffer.” Hincmar, de Divort. Lothar. Interrog. vl; Lea, “Superstition and Force,” (3 ed.) 244. [82] Lea, “Superstition and Force,” (3 ed.) 370. CHAPTER VI. PEINE FORTE ET DURE. _Peine forte et dure_,[1] or, the “strong and hard pain,” as it was most appropriately termed, was the name given in Europe to the particular kind of punishment formerly inflicted upon a prisoner, charged with felony, where he stood mute and refused to answer on his arraignment, or having entered his plea of not guilty, where he peremptorily challenged more than twenty jurors, which was quite generally considered a contumacy equivalent to standing mute.[2] Generally, in indictments for high treason and the lower felonies and misdemeanors, standing mute was held equivalent to a conviction and the prisoner was sentenced and received his punishment, just as if he had entered a plea of guilty or suffered a conviction. But in all other felonies the prisoner was required to plead to the indictment, before a conviction could be obtained and if he obstinately stood mute, or refused to plead, he was subjected to the _peine forte et dure_, a judgment purposely ordained to be exquisitely severe, that by that very means it might rarely be put into execution. The judgment for standing mute, was: That the prisoner be remanded to the prison from whence he came, and put into a low, dark chamber, and there be laid on his back, on the bare floor, naked, unless where decency forbids; that there be placed upon his body as great a weight of iron as he can bear; and more, that he have no sustenance, save only, on the first day, three morsels of the worst bread; and on the second day three draughts of standing water, that should be nearest to the prison door; and in this condition, this should be alternately his daily diet, until he answers to the indictment.[3]