Although, as we have seen (p. 268), the original cold-water ordeal in India, as described by Manu, was precisely similar to the European form, inasmuch as the guilty were expected to float and the innocent to sink, and although in this shape it prevailed everywhere throughout Europe, and its tenacity of existence rendered it the last to disappear in the progress of civilization, yet it does not make its appearance in any of the earlier codes of the Barbarians. The first allusions to it occur in the ninth century, and it was then so generally regarded as a novelty that documents almost contemporaneous ascribe its invention to the popes of that period. One story is that when Leo III. fled in 799 from his rebellious subjects to Charlemagne, and returned to Rome under the latter’s protection, the cold-water ordeal was introduced for the purpose of trying the rebels or recovering a treasure which they had stolen.[1007] Another version asserts that Eugenius II., who occupied the pontifical throne from 824 to 827, invented it at the request of Louis le Débonnaire, for the purpose of repressing the prevalent sin of perjury.[1008] It is further worthy of note that St. Agobard, Archbishop of Lyons, in his treatises against the judgments of God, written a few years before the accession of Eugenius, while enumerating and describing the various methods in use at that time, says nothing about that of cold water.[1009] But for the evidence of its pre-existence in the East, we therefore should be justified in assuming that it was an innovation invented by the Church of the ninth century. That it was a novelty is proved by the necessity felt to adduce authority for its use.[1010]