The History of Duelling. Vol. 1 (of 2) — John Stuart Mill — John Shaqi
The History of Duelling. Vol. 1 (of 2)
John Stuart Mill · en
There was another test of guilt, called the ordeal of the cross. The
prisoner having declared his innocence upon oath, and appealed to the
judgment, two sticks were prepared exactly like each other, and the
figure of the cross was cut upon one of them; each of them was then
wrapped up in wool, and placed upon a relic on the altar. After proper
prayers, a priest took up one of the sticks; and, if it was the one
that bore the sign of the cross, the accused was proclaimed innocent.
There was another ordeal of the cross, resorted to in civil cases.
The judges, parties, and all concerned, being assembled in a church,
each of the parties chose a priest, the youngest and stoutest he could
find, to be his representative in the trial. These representatives
were then placed one on each side of some famed crucifix, and, a
signal given, they both at once stretched their arms at full length,
so as to form a cross with their bodies. In this painful posture they
continued to stand while divine service was performing; and the party
whose representative dropped his arm first, lost his cause. Under
Charlemagne, this trial took place to settle litigations on account
of children; but, under Louis le Debonnaire, it was confined to
ecclesiastical disputes.
It is somewhat curious, that similar ordeals have been practised by
various nations in modern times, who, in all probability, never heard
of these ancient absurdities. In the kingdom of Siam, both in criminal
and in civil causes, the parties are made to swallow certain pills;
and the one that is first affected is considered convicted. In Thibet
the plaintiff and defendant are made to take out of a vessel filled
with boiling water a black and a white counter; the one who has the
good luck to draw the white prize is declared innocent, although both
parties are generally so scalded as to be crippled for the remainder of
their days.
It appears that the trial by ordeal was an ancient usage amongst the
Hindoos, and continues to this day to be practised in nine different
ways: 1, by the balance; 2, by fire; 3, by water; 4, by poison; 5, by
cosha, or water in which an idol has been washed; 6, by rice; 7, by
boiling oil; 8, by red-hot iron; and 9, by images.