The History of England in Three Volumes, Vol. I., Part A.: From the Britons of Early Times to King John
David Hume · en
The ordeal was another established method of trial among Saxons. It
was practised either by boiling water or red-hot iron. The former was
appropriated to the common people; the latter to the nobility. The
water or iron was consecrated by many prayers, masses, fastings, and
exorcisms,[*] after which, the person accused either took up a stone
sunk in the water[**] to a certain depth, or carried the iron to a
certain distance; and his hand being wrapped up, and the covering sealed
for three days, if there appeared, on examining it, no marks of burning,
he was pronounced innocent; if otherwise, guilty.[***] The trial by cold
water was different: the person was thrown into consecrated water; if he
swam, he was guilty, if he sunk, innocent.[****] It is difficult for us
to conceive how any innocent person could ever escape by the one trial,
or any criminal be convicted by the other. But there was another usage
admirably calculated for allowing every criminal to escape, who had
confidence enough to try it. A consecrated cake, called a corsned,
was produced, which if the person could swallow and digest, he was
pronounced innocent.[******]
The feudal law, if it had place at all among the Anglo-Saxons, which is
doubtful, was not certainly extended over all the landed property, and
was not attended with those consequences of homage, reliefs,[*******]
wardship, marriage, and other burdens, which were inseparable from it
in the kingdoms of the continent. As the Saxons expelled, or almost
entirely destroyed, the ancient Britons, they planted themselves in this
island on the same footing with their ancestors in Germany, and found no
occasion for the feudal institutions,[********] which were calculated
to maintain a kind of standing army, always in readiness to suppress any
insurrection among the conquered people.
[* Du Cange, in verbo Crux.]
[** Spel in verbo Ordealium. Parker, p. 155.
Lindenbrog. p, 1299]
[*** LL. Inæ, sect. 77.]
[**** Sometimes the person accused walked barefoot
over a red hot iron]
[***** Spel in verbo Ordealium.]
[****** Spel in verbo Corsned. Parker, p. 156.
Text. Roffens. p. 33.]
[******* On the death of an alderman, a greater or
lesser thane, there was a payment made to the king of his
best arms; and this was called his heriot; but this was not
of the nature of a relief. See Spel. of Tenures, p. 2. The
value of this heriot was fixed by Canute’s laws, sect. 69.]
[******** Bracton de Acqu. Rer. Domin. ii. cap.
16. See more fully Spel of Feus and Tenures, and Q aigius de
Jure Feud, lib. i. dieg.]