The History of England in Three Volumes, Vol. I., Part A.: From the Britons of Early Times to King John
David Hume · en
nations on the continent as a remedy against false evidence;[***] and
though it was frequently dropped, from the opposition of the clergy, it
was continually revived, from experience of the falsehood attending
the testimony of witnesses.[****] It became at last a species of
jurisprudence: the cases were determined by law, in which the
party might challenge his adversary or the witnesses, or the judge
himself;[*****] and though these customs were absurd, they were rather
an improvement on the methods of trial which had formerly been practised
among those barbarous nations, and which still prevailed among the
Anglo-Saxons.
[* Præf. Nicol. ad Wilkins, p. 11.]
[** LL. Burgund. cap. 45. LL. Lomb. lib. ii. tit.
55, cap. 34.]
[*** LL. Longob. lib. ii. tit. 55, cap. 23, apud
Lindenbrog. p. 661]
[**** See Desfontaines and Beaumanoir.]
[***** Sometimes the laws fixed easy general rules
for weighing the credibility of witnesses. A man whose life
was estimated at a hundred and twenty shillings,
counterbalanced six ceorles, each of whose lives was only
valued at twenty shillings, and his oath was esteemed
equivalent to that of all the six. See Wilkins, p. 72.]
When any controversy about a fact became too intricate for those
ignorant judges to unravel, they had recourse to what they called the
judgment of God, that is, to fortune. Their methods of consulting this
oracle were various. One of them was the decision by the cross: it was
practised in this manner: When a person was accused of any crime,
he first cleared himself by oath, and he was attended by eleven
compurgators. He next took two pieces of wood, one of which was marked
with the sign of the cross, and wrapping both up in wool, he placed them
on the altar, or on some celebrated relic. After solemn prayers for the
success of the experiment, a priest, or in his stead some unexperienced
youth, took up one of the pieces of wood, and if he happened upon that
which was marked with the figure of the cross, the person was pronounced
innocent; if otherwise, guilty. [*] This practice, as it arose from
superstition, was abolished by it in France.
[* LL. Prison, tit. 14, apud Lindenbrog. p. 496.
trial, not because it was uncertain, but lest that sacred
figure says he, of the cross should be prostituted in common
disputes and controversies.]