The Customs of Old EnglandSnell, F. J. (Frederick John)
History
The Customs of Old England
Snell, F. J. (Frederick John)
England -- Social life and customs -- 1066-1485
The fate of the accused depended on the miraculous turning of the
psalter. If the direction was from left to right he was innocent; if
from right to left, he was guilty. It would appear from the prayer, in
which the priest invoked Divine revelation, that he held the book, and
therefore it is natural to assume that, consciously or unconsciously,
his opinion must have influenced its movement. The prayer ran:
"Omnipotent, everlasting God, who didst create all things from nothing,
and didst form man from the clay of the earth, we pray Thee, as
suppliants by the intercession of Mary the most holy Mother of God ...
that Thou do make trial for us concerning this matter about which we are
uncertain; so that if so be that this man is guiltless, that book which
we hold in our hands shall [in revolving] follow the ordinary course of
the sun; but that if he be guilty that book shall move backwards."
There were other forms of procedure, in some of which, as in the trial
of the cross and the touching of the bier, the supposed criminal was
confronted with his victim. Ordeals were abolished in England in the
year 1219; but the tradition did not die, and in the time of the
Commonwealth, Hopkins, the notorious witchfinder, ridiculed in
"Hudibras," employed the cold-water ordeal for the conviction of
witches. "The suspected person," says Sir Walter Scott, "was wrapped in
a sheet, having the great toes and thumbs tied together, and so dragged
through a pond or river. If she sank, it was received in favour of the
accused; but if the body floated (which must have occurred ten times for
once, if it was placed with care on the surface of the water) the
accused was condemned."
That the issue of the ordeal might be arranged appears to have been
recognized even in the Middle Ages. Thus, fifty Englishmen, it is said,
having been ordered by William Rufus to be tried by the hot iron, every
one of them escaped unhurt. Thereupon the King announced that he would
try them again by the judgment of his court and not abide by the
so-called judgment of God, "which was made favourable or unfavourable at
any man's pleasure." By the Assize of Northampton (1176) suspected
persons, who had been acquitted by the water ordeal, were liable to
banishment, though again acquitted by the "judgment of God."
Trial by battle, though obviously based on the same principle, was
technically distinguished from the ordeal or judgment. The former
appears to have arisen in the countries of the North, where it was known
as the _holmgang_, the combats taking place on islands. Among the
English this mode of settling differences was not much in favour either
before or after the Norman Conquest; and the statutes of William I.
contain provisions whereby the natives were permitted to substitute the
more familiar ordeal for the trial by battle.
Public-domain text, read in full here on John Shaqi.
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