TRIALS BY ORDEAL.

Precious Stones regarded as Objects of uncommon Virtue—Extravagance in Jewellery accounted for—Significance in relation to Gems—Abraham's Precious Stones—Altars called Living Stones—The Urim and Thummim—Rod of Moses—Charmed Rings—Sacred Rings and Belts—Sacred Cairns, etc.—Destiny and Fate—The Month of one's Nativity has connection with one or other of the Precious Stones—Examples adduced—Kings of England hallowing Rings—Ring preserved in Westminster Abbey—Cramp Rings—Various Stones of great Virtue—Iona Relics—The Green Stone of Arran—A Crystal kept by ancient Priests as a Charm—A Conjuring Beryl—Prophetic Stones—The Coronation Stone or Stone of Destiny.

Precious Stones regarded as Objects of uncommon Virtue—Extravagance in Jewellery accounted for—Significance in relation to Gems—Abraham's Precious Stones—Altars called Living Stones—The Urim and Thummim—Rod of Moses—Charmed Rings—Sacred Rings and Belts—Sacred Cairns, etc.—Destiny and Fate—The Month of one's Nativity has connection with one or other of the Precious Stones—Examples adduced—Kings of England hallowing Rings—Ring preserved in Westminster Abbey—Cramp Rings—Various Stones of great Virtue—Iona Relics—The Green Stone of Arran—A Crystal kept by ancient Priests as a Charm—A Conjuring Beryl—Prophetic Stones—The Coronation Stone or Stone of Destiny.

From an early period of history man has regarded precious stones as objects of uncommon virtue. A belief in their excellence has prevailed among Pagans, Jews, and Christians down to the present period. Extravagance in jewellery originated not so much from a love of finery as from a belief that jewels possessed efficacy or power peculiar to themselves. When we consider that every gem is supposed to be an amulet, we cannot be surprised athearing of people in distant lands wearing jewels on their fingers and toes, on their ankles and arms, in their noses and ears, and even in their lips; nor can we be astonished at seeing in modern times the weaker sex loaded with rings, bracelets, pendants and other such articles, studded with precious stones.

As a language of flowers is known among botanists, so there is a significance in relation to gems, understood by the credulous. Every stone has its virtue, at least so we are told, as surely as every light and shadow produces its own effects. Important events connected with the lives of great men and memorable circumstances desired to be kept in remembrance, help to lend importance to sparkling gems and less ornamental stones. This will be better understood as we proceed.

Descendants of Abraham believed, as will be found under "Rise and Progress of Superstition," that their great ancestor wore, suspended from his neck, a precious stone the sight of which cured every disease. An interesting legend is also given there concerning Abraham and the stones marching, ready hewn, to find a place in the Kaaba he was about to build; of the black stone left out, which afterwards became so famous; and of the stone to which Abraham tied the beast he rode on when going to sacrifice his son. In that part of our work it will also be ascertained that altars were called living stones, from a belief that a portion of divine spirit resided in them.

Josephus and others maintain that the precious stones of Aaron's breast-plate were the Urim and Thummim, and that they discovered or predicted the issue of events to those who consulted them; and the Rabbins held that the rod of Moses consisted partly of sapphire. At page27it will be seen that the Greeks wore charmed rings, and at pages7and58we have stated that priests sold charms to credulous persons. At page280we have noticed the custom of negro children being provided withsacred rings and belts, to protect them from evil spirits. Again, when treating of magic and astrology, we pointed out that magicians supplied people with precious stones, supposed to be of immense value as amulets.

From time immemorial an opinion has obtained that there are sacred edifices, piles, cairns, and separate stones, which possess peculiar virtue. Not a few instances of these have been adduced in preceding pages; but a few more examples, we venture to say, will not be considered void of interest, more particularly if they can be connected with the destiny of man.

Every individual is supposed to be born under a particular destiny or fate (as has been over and over again stated in these pages), which it is impossible to avoid. The month of his nativity has a mysterious connection with one or other of the precious stones. This was so well understood by the ancients, that when one wished to make the object of his affections an acceptable present, a ring was given, set with the jewel by which the fate of the receiver was determined and described. For instance, we are informed by an old author, that the ring of a woman born in January should have a jacinth or garnet in it, for these stones belong to that month, and express constancy and fidelity. A list of the months and stones therewith connected, and their respective significance, is as follows:—

January—Jacinth, or Garnet—Constancy and fidelity in every engagement.February—Amethyst—This month and stone preserve mortals from strong passions, and ensure them peace of mind.March—Bloodstone—Courage, and success in dangers and hazardous enterprises.April—Sapphire or Diamond—Repentance and innocence.May—Emerald—Success in love.June—Agate—Long life and health.July—Cornelian or Ruby—The forgetfulness or the cure of evils springing from friendship or love.August—Sardonyx—Conjugal fidelity.September—Chrysolite—Preserves from or cures folly.October—Aquamarine or Opal—Misfortune and hope.November—Topaz—Fidelity in friendship.December—Torquoise or Malachite—The most brilliant success and happiness in every circumstance of life. The torquoise has also the property of securing friendly regards, as is verified by the old saying, "He who possesses a torquoise will always be sure of friends."

January—Jacinth, or Garnet—Constancy and fidelity in every engagement.

February—Amethyst—This month and stone preserve mortals from strong passions, and ensure them peace of mind.

March—Bloodstone—Courage, and success in dangers and hazardous enterprises.

April—Sapphire or Diamond—Repentance and innocence.

May—Emerald—Success in love.

June—Agate—Long life and health.

July—Cornelian or Ruby—The forgetfulness or the cure of evils springing from friendship or love.

August—Sardonyx—Conjugal fidelity.

September—Chrysolite—Preserves from or cures folly.

October—Aquamarine or Opal—Misfortune and hope.

November—Topaz—Fidelity in friendship.

December—Torquoise or Malachite—The most brilliant success and happiness in every circumstance of life. The torquoise has also the property of securing friendly regards, as is verified by the old saying, "He who possesses a torquoise will always be sure of friends."

Anciently, the kings of England, on Good Friday, hallowed, with great ceremony, certain rings the wearing of which was believed to prevent the falling sickness. The custom originated from a ring, long preserved in Westminster Abbey, which is reported to have been brought to King Edward by persons from Jerusalem. The rings consecrated by the sovereigns were called "cramp rings." Andrew Boorde, speaking of the cramp, says, "The King's Majesty hath great help in this matter in hallowing 'cramp rings' without money or petition."

Writing of Fladda Chuan, Martin writes: "There is a chapel in the isle, dedicated to St. Columbus. It has an altar in the east end, and therein a blue stone of a round form on it, which is always moist. It is an ordinary custom, when any of the fishermen are detained in this isle by contrary winds, to wash the blue stone with water, all round, expecting thereby to procure a favourable wind. And so great is their regard for this stone that people swear decisive oaths upon it." Martin also says it was an ancient custom among the islanders to hang a he-goat's skin to the boat's mast, in the hope of securing a favourable wind.

There was a stone in Iona, over which, if a man stretched his arm three times, he would never err in steering a vessel. In the island of Bernera there was a stone in the form of a cross, near St. Mary's Church, about five feet high, which the natives called the water cross. The old inhabitants were in the practice of erecting it when they wished rain, and of laying it flat on the ground when theydesired dry weather. Martin further mentions a green stone, about the size of goose's egg, in the island of Arran, which possessed rare virtue, and was consequently handed down to posterity for many ages. By laying it on the side of a person troubled with pains in that part of his body, the patient immediately recovered, unless doomed to die. If the latter event were to happen, the stone removed of its own accord from the side; but if the patient was to recover, it rested where placed until the cure became complete. Disputed cases between the islanders were settled by oath at this stone. It possessed another virtue—causing powerful enemies to run away when it was thrown at their front. The custody of this valuable relic long remained a privilege of the Chattans.

In the Highlands of Scotland a large oval crystal—probably a Cairngorm stone—was kept by the ancient priests by which to work charms. Water poured upon it was given to the cattle, to preserve them from disease. Such charms were common in Scotland, England, and Ireland. Lilly describes a conjuring beryl or crystal. It was, he tells us, as large as an orange, and set in silver with a cross at the top, and round about it were engraved the names of the angels Raphael, Gabriel, and Uriel. A delineation of another charm is engraved in the frontispiece to Aubrey'sMiscellanies. A mode of making inquiry by charms is imputed to Dr. Dee, the celebrated mathematician. The stone used by him came into the possession of Horace Walpole, and was long, if not now, in the Strawberry Hill collection. Sorcerers or magicians, says Grose, did not always employ their art to do mischief, but, on the contrary, frequently exerted it to cure diseases inflicted by witches, to discover thieves, recover stolen goods, to foretell future events, and the state of absent friends. A favourite method of consultation was this: The conjuror having repeated the necessary adjuration, and applied the proper charms, with the litany or invocation peculiar tothe spirits or angels whose assistance was to be asked, the seer looked into a crystal or beryl, wherein he saw, or pretended he saw, the answers to his interrogatories, represented either by types or figures. Sometimes the spirits or angels answered audibly.

This part of our subject would be incomplete without reference to the Coronation Stone, the history of which is as interesting as it is curious. We have made mention of a stone or stones, under various names—Jacob's Pillow, Lia-Fail, Stone of Destiny, Marble Chair, Coronation Stone, etc. Writers on archæological subjects are not agreed as to whether all these are or are not different names for one and the same relic. On the whole, we are inclined to think that there was but one coronation stone, but we leave that point to be definitely settled by others. From the information before us, we assume there was but one stone, and therefore proceed on this assumption, which is supported by tradition.

The Stone of Destiny, we are told, formed Jacob's pillow on the plain of Luz, and consequently was regarded as a sacred relic by the Jews. It was carried to Egypt, thence to Spain, and from the latter country it was conveyed by Simon Breck to Ireland, where it became known as the "Lia-Fail" or "Stone of Destiny" of the Irish kings. Ireland is often, from this stone, called by the priests Innis-phail. The ancient Irish supposed that, in whatsoever country this stone remained, there one of their blood would reign. They pretended to have authentic memoirs of the stone for a period extending backwards more than two thousand years. In the practical tales of Ossian we find:

"Though the sun glitters upon the heath, I will not behold her golden rays; though the stag should start by me, Ossian will chase him no more. Although Manus should cross the ocean again to invade Albin, my sword is not victorious in the slaughter, and my fame is not celebrated by the bards. I am not invited to a feast. My kiss is scorned by the virgin. My esteem is not equal to a king's son; one day is like a year to me."It was the reverse in Innis-phail, also in Selma, the mansions of my mighty father: Ossian was honoured above the rest: behold the uncertainty of everything under the sun."

"Though the sun glitters upon the heath, I will not behold her golden rays; though the stag should start by me, Ossian will chase him no more. Although Manus should cross the ocean again to invade Albin, my sword is not victorious in the slaughter, and my fame is not celebrated by the bards. I am not invited to a feast. My kiss is scorned by the virgin. My esteem is not equal to a king's son; one day is like a year to me.

"It was the reverse in Innis-phail, also in Selma, the mansions of my mighty father: Ossian was honoured above the rest: behold the uncertainty of everything under the sun."

After the enchanted stone—for it was regarded as such—had long been kept at Tarah, it was sent to Fergus, the first actual king of Scots; and it remained in Argyle (the original seat of the Scots in Britain) until about the year 842. Three hundred and thirty years before the Christian era, Fergus was crowned and seated on the famous chair. Kenneth, the second son of Alpin, having enlarged his dominions by the conquest of the Picts, transferred the stone to Scone. As the supreme kings of Ireland and the kings of the Scots used to be inaugurated by being seated on the ancient chair before it was carried to Scone, so were the kings at Perth installed into regal office down to the time that Edward I. carried to England the sacred relic, highly prized by every Scotchman. As soon as the news of the loss spread, great concern was manifested. The death of a beloved monarch, or the loss of many battles, where brave sons and fathers had fallen, would have been as nothing compared with the national loss sustained. In fact, many in the highest circles conceived that the glory of the kingdom had departed.

It appears from a document found among the records of England, that King Edward treated the relic with great veneration. With the intention of using it for the same purposes in England as it had been used for in Scotland and Ireland, he proposed to make it a part of a throne or royal seat, and ordered his goldsmith to prepare a copper case for it. He changed his mind, and gave instructions for a wooden chair being made, and the stone inserted in the seat. Such was the estimation in which he held the stone, that he placed it in the most sacred place in England—close to the altar and shrine of St. Edward. There are reasons for concluding that Edward had intended to return the stone to Scotland, and hadmade arrangements to that effect in a treaty; but the citizens of London, who were anxious to retain the stone in England, remonstrated against its being restored to the legal owners, and the king complied with their wishes. This famous "Stone of Destiny," long sacred in Ireland, and on which the kings of Scotland were crowned for more than a thousand years, now forms part of the coronation chair of the kings and queens of England.

When the supreme kings of Ireland were inaugurated, in the times of heathenism, on the hill of Tarah, the stone, which was enclosed in a wooden chair, was supposed to emit a sound under the rightful heir to the throne, but to be mute under a man seeking power under false pretences. On Aidanus being elected by universal acclamation, and solemnly seated in the same chair, he was crowned by St. Columba, who with his right hand placed the diadem on the king's head, while in his left he held a trumpet or wooden tube, to announce to the assembled throng the completion of the joyful event. This tube was long preserved with great care at Dunkeld. Some suppose that the fatality long assigned to the stone was fully believed in by Kenneth, by whose orders the following couplet was carved on the chair:—

"Where'er this marble's placed, there, sure as fate,Shall be the Scottish monarch's regal seat."

"Where'er this marble's placed, there, sure as fate,Shall be the Scottish monarch's regal seat."

Wintoun tells us that Fergus, the son of Ere,

"Braucht this stane wytht-in ScotlandFyrst quhen he came and wane that land,And fyrst it set in Ikkolmkil,And Skune thare-eftir it was braucht tyle;And there it wes syne mony day,Qhyll Edward gert have it away."

"Braucht this stane wytht-in ScotlandFyrst quhen he came and wane that land,And fyrst it set in Ikkolmkil,And Skune thare-eftir it was braucht tyle;And there it wes syne mony day,Qhyll Edward gert have it away."

Without endorsing the opinion that Scotland and Ireland have lost their wonted power, or suffered decline through the "Prophetic or Fatal Stone" being carriedaway, it is an indisputable fact that in neither of these countries is there, strictly speaking, a "monarch's regal seat." The "Enchanted Stone"—the "palladium of Scottish liberty"—is certainly, as the English well know, one of the most ancient and valuable relics in Westminster Abbey.

Trials by Ordeal resorted to in Modern and Ancient Times—Ordeal by means of Hot Iron—Plunging the Arm into Boiling Water or Oil—Walking Blindfold in Dangerous Places—Weighing a Witch—Extending the Arms before a Cross—Swallowing Consecrated Bread—Ordeal among the Hindoos—Touching a Dead Body—A Murdered Traveller—An Inquest, how conducted long ago—Dead Henry's Wounds—Sir George M'Kenzie's Opinion of Trial by Ordeal—Killing a Brother by Sorcery—Touching a Dead Body—Sir K. Digby on Trial by Ordeal.

Trials by Ordeal resorted to in Modern and Ancient Times—Ordeal by means of Hot Iron—Plunging the Arm into Boiling Water or Oil—Walking Blindfold in Dangerous Places—Weighing a Witch—Extending the Arms before a Cross—Swallowing Consecrated Bread—Ordeal among the Hindoos—Touching a Dead Body—A Murdered Traveller—An Inquest, how conducted long ago—Dead Henry's Wounds—Sir George M'Kenzie's Opinion of Trial by Ordeal—Killing a Brother by Sorcery—Touching a Dead Body—Sir K. Digby on Trial by Ordeal.

Trial by ordeal were resorted to by many people and nations both in ancient and modern times, with the view of establishing the criminality or innocence of suspected persons. Among the ordeals may be enumerated: holding in the hand a red-hot bar of iron, plunging the arm into boiling water or oil, walking blindfold amidst burning ploughshares, passing through fires, swallowing a morsel of consecrated bread, swimming or sinking in water (or, as it was occasionally termed, weighing a witch), stretching out the arms before the cross until the sorest wearied competitor dropped his arms, and so lost his cause, and therewith perhaps his life or his estate, or it might be both.

A dispute occurred between the Bishop of Paris and the Abbot of St. Denis about the patronage of a monastery; and Pepin, surnamed the Short, not being able to decide such an intricate question, decreed that the matter should be settled by ordeal. Each of the disputants chose a man, and both the men appeared in a chapel, where theyextended their arms in the form of a cross. Numerous spectators were present to witness the trial, and betted on the feat. The bishop's representative dropped his arms first, and thereby ruined his employer.

Warren Hastings has found, from Asiatic researches, that trial by ordeal was common among the Hindoos. He says these trials are conducted in nine ways: first, by the balance; secondly, by fire; thirdly, by water; fourthly, by poison; fifthly, by the Cósha, or water in which an idol has been washed; sixthly, by rice; seventhly, by boiling oil; eighthly, by red-hot iron; ninthly, by images.

"I. Ordeal by the balance is thus performed:—The beam having been previously adjusted, the cord fixed, and both scales made perfectly even, the person accused and a Pandit fast a whole day; then, after the accused has been bathed in sacred water, the hóma, or oblation, presented to fire, and the deities worshipped, he is carefully weighed; and, when he is taken out of the scale, the Pandits prostrate themselves, and pronounce a certain mentra or incantation, agreeably to the Sástras, and having written the substance of the accusation on a piece of paper, bind it on his head. Six minutes after, they place him again in the scale, and, if he weigh more than before, he is held guilty; if less, innocent; if exactly the same, he must be weighed a third time; when, as it is written in the Mitácsherá, there will certainly be a difference in his weight. Should the balance break down, it would be considered a proof of guilt."II. For the fire ordeal, an excavation, nine hands long, two spans broad, and one span deep, is made in the ground, and filled with a fire of pippal wood: into this the person accused must walk bare-footed, and, if his foot be unhurt, they hold him blameless; if burned, guilty."III. Water ordeal is performed by causing the person accused to stand in a sufficient depth of water, either flowing or stagnant, to reach his navel; but care must be taken that no ravenous animal be in it, and that it be not moved by much air: a Bráhman is then directed to go into the water, holding a staff in his hand, and a soldier shoots three arrows on dry ground from a bow of cane; a man is next despatched to bring the arrow which has been shot farthest, and, after he has taken it up, another is ordered to run from the edge of the water; at which instant the person accused is told to grasp the foot or the staff of the Bráhman, who stands near him in the water, and immediately to dive into it. He must remain under water till the two men who went to fetch the arrows arereturned; for, if he raise his head or body above the surface before the arrows are brought back, his guilt is considered as fully proved. In the villages near Banáres, it is the practice for the person who is to be tried by this kind of ordeal to stand in water up to his navel, and then, holding the foot of a Bráhman, to dive under it as long as a man can walk fifty paces very gently; if before the man has walked thus far the accused rise above the water, he is condemned; if not, acquitted."IV. There are two sorts of trial by poison. First, the Pandits having performed their hóma, and the person accused his ablution, two retti's and a half, or seven barley-corns, of vishanagá, a poisonous root, or of sanc'hyá, that is, white arsenic, are mixed in eight máshas, or sixty-four retti's of clarified butter, which the accused must eat from the hand of a Bráhman: if the poison produce no visible effect, he is absolved; otherwise, condemned. Secondly, the hooded snake, called nága, is thrown into a deep earthen pot, into which is dropped a ring, a seal, or a coin; this the person accused is ordered to take out with his hand; and, if the serpent bite him, he is pronounced guilty; if not, innocent."V. Trial by the cósha is as follows: the accused is made to drink three draughts of the water in which the images of the sun, of Dévi, and other deities have been washed for that purpose; and if within fourteen days he has any sickness or indisposition, his crime is considered as proved."VI. When several persons are suspected of theft, some dry rice is weighed with the sacred stone called sálcrám; or certain slócas are read over it; after which the suspected persons are severally ordered to chew a quantity of it: as soon as they have chewed it, they are to throw it on some leaves of the pippal, or, if none be at hand, on some b'húrja patra, or bark of a tree from Népál or Cashmír. The man from whose mouth the rice comes dry or stained with blood, is holden guilty; the rest are acquitted."VII. The ordeal by hot oil is very simple: when it is heated sufficiently, the accused thrusts his hand into it; and, if he be not burned, is held innocent."VIII. In the same manner they make an iron ball, or the head of a lance, red-hot, and place it in the hands of the person accused; who, if it burn him not, is judged guiltless."IX. To perform the ordeal by dharmárch, which is the name of the slóca appropriated to this mode of trial, either an image named Dharma, or the Genius of Justice, is made of silver, and another, called Adharma, of clay or iron, both of which are thrown into a large earthen jar; and the accused, having thrust his hand into it, is acquitted if he bring out the silver image, but condemned if he draw forth the iron; or the figure of a deity is painted on white cloth, and another on black, the first of which they name dharma, and the second adharma: these areseverally rolled up in cow-dung, and thrown into a large jar without having ever been shown to the accused; who must put his hand into the jar, and is acquitted or convicted as he draws out the figure on white or black cloth."

"I. Ordeal by the balance is thus performed:—The beam having been previously adjusted, the cord fixed, and both scales made perfectly even, the person accused and a Pandit fast a whole day; then, after the accused has been bathed in sacred water, the hóma, or oblation, presented to fire, and the deities worshipped, he is carefully weighed; and, when he is taken out of the scale, the Pandits prostrate themselves, and pronounce a certain mentra or incantation, agreeably to the Sástras, and having written the substance of the accusation on a piece of paper, bind it on his head. Six minutes after, they place him again in the scale, and, if he weigh more than before, he is held guilty; if less, innocent; if exactly the same, he must be weighed a third time; when, as it is written in the Mitácsherá, there will certainly be a difference in his weight. Should the balance break down, it would be considered a proof of guilt.

"II. For the fire ordeal, an excavation, nine hands long, two spans broad, and one span deep, is made in the ground, and filled with a fire of pippal wood: into this the person accused must walk bare-footed, and, if his foot be unhurt, they hold him blameless; if burned, guilty.

"III. Water ordeal is performed by causing the person accused to stand in a sufficient depth of water, either flowing or stagnant, to reach his navel; but care must be taken that no ravenous animal be in it, and that it be not moved by much air: a Bráhman is then directed to go into the water, holding a staff in his hand, and a soldier shoots three arrows on dry ground from a bow of cane; a man is next despatched to bring the arrow which has been shot farthest, and, after he has taken it up, another is ordered to run from the edge of the water; at which instant the person accused is told to grasp the foot or the staff of the Bráhman, who stands near him in the water, and immediately to dive into it. He must remain under water till the two men who went to fetch the arrows arereturned; for, if he raise his head or body above the surface before the arrows are brought back, his guilt is considered as fully proved. In the villages near Banáres, it is the practice for the person who is to be tried by this kind of ordeal to stand in water up to his navel, and then, holding the foot of a Bráhman, to dive under it as long as a man can walk fifty paces very gently; if before the man has walked thus far the accused rise above the water, he is condemned; if not, acquitted.

"IV. There are two sorts of trial by poison. First, the Pandits having performed their hóma, and the person accused his ablution, two retti's and a half, or seven barley-corns, of vishanagá, a poisonous root, or of sanc'hyá, that is, white arsenic, are mixed in eight máshas, or sixty-four retti's of clarified butter, which the accused must eat from the hand of a Bráhman: if the poison produce no visible effect, he is absolved; otherwise, condemned. Secondly, the hooded snake, called nága, is thrown into a deep earthen pot, into which is dropped a ring, a seal, or a coin; this the person accused is ordered to take out with his hand; and, if the serpent bite him, he is pronounced guilty; if not, innocent.

"V. Trial by the cósha is as follows: the accused is made to drink three draughts of the water in which the images of the sun, of Dévi, and other deities have been washed for that purpose; and if within fourteen days he has any sickness or indisposition, his crime is considered as proved.

"VI. When several persons are suspected of theft, some dry rice is weighed with the sacred stone called sálcrám; or certain slócas are read over it; after which the suspected persons are severally ordered to chew a quantity of it: as soon as they have chewed it, they are to throw it on some leaves of the pippal, or, if none be at hand, on some b'húrja patra, or bark of a tree from Népál or Cashmír. The man from whose mouth the rice comes dry or stained with blood, is holden guilty; the rest are acquitted.

"VII. The ordeal by hot oil is very simple: when it is heated sufficiently, the accused thrusts his hand into it; and, if he be not burned, is held innocent.

"VIII. In the same manner they make an iron ball, or the head of a lance, red-hot, and place it in the hands of the person accused; who, if it burn him not, is judged guiltless.

"IX. To perform the ordeal by dharmárch, which is the name of the slóca appropriated to this mode of trial, either an image named Dharma, or the Genius of Justice, is made of silver, and another, called Adharma, of clay or iron, both of which are thrown into a large earthen jar; and the accused, having thrust his hand into it, is acquitted if he bring out the silver image, but condemned if he draw forth the iron; or the figure of a deity is painted on white cloth, and another on black, the first of which they name dharma, and the second adharma: these areseverally rolled up in cow-dung, and thrown into a large jar without having ever been shown to the accused; who must put his hand into the jar, and is acquitted or convicted as he draws out the figure on white or black cloth."

Touching the body of a murdered person was one way, in Scotland, England, and elsewhere, of discovering who the murderer was. The practice, we are informed, originated in Denmark. Certain gentlemen in that kingdom, being together in a house, one evening fell out among themselves, and from words came to blows. Unfortunately the candles went out during the fray, and before lights could be procured one of the gentlemen was stabbed. The murderer was unknown. Christernus II., then king, to find out the murderer, caused all who were present at the brawl to stand around the dead body, and commanded that one after the other should lay his right hand on the dead man's breast, and swear that he had not committed the foul deed. The gentlemen complied; and no sign appeared to indicate the guilt of any of them, until the king's pursuivant kissed the feet of the corpse, and laid his hand on the breast. As soon as he did so, the blood gushed out in great abundance from the wound and nostrils. Thus condemned, the pursuivant confessed his guilt. By the king's sentence, the criminal was beheaded. Hence arose the practice, which was long common in many places, of finding out unknown murders. In most cases the murderer was discovered by the corpse bleeding the instant the bloodstained hand was placed on the cold inanimate clay, but at times the sign was given by the dead man opening his eyes on the slayer approaching the corpse.

A traveller was found murdered on a highway in Denmark; and because the slayer was unknown, the magistrates of the place caused one of the hands of him that was slain to be cut off, and hung up by a string at the top of a room in the town prison. About ten years after the crime was committed, the murderer happenedto enter the apartment; and as soon as he did so, the dry withered hand began to drop blood on a table below it. The gaoler, beholding this, detained the man and called in the magistrates, who extracted from him a confession of his guilt.

In Herefordshire, in the time of Charles I., Johan Norkett, wife of Arthur Norkett, was found dead. At first it was thought she had committed suicide, but afterwards circumstances transpired which led to the belief that the unfortunate woman did not lay violent hands upon herself. A jury was summoned, and, after deliberation, the coroner directed that the body, which had been buried for a month, should be exhumed, and four suspected persons brought to touch the corpse. The persons being afterwards brought to trial at the assizes, an old minister swore that, the body being taken out of the grave and laid on the grass, the accused were required to touch it. On laying their hands on the brow, which before was of a livid and carrion colour, it began to have a dew or gentle sweat upon it, which increased by degrees until the sweat ran down the face. The brow then turned to a lifelike and flesh colour, and the dead woman opened one of her eyes and shut it again, and this opening the eye was done three times. She likewise thrust out the ring or marriage finger three times, and the finger dropped blood on the grass. Another clergyman corroborated the statement of the first witness. Sir Nicholas Hyde threw doubt on the correctness of the evidence, but the jury found three of the prisoners guilty of murder, and two of them were executed; the third being a woman, escaped with her life.

The popular superstition that the wounds of a murdered person would bleed afresh when touched by the murderer, is thus referred to by Shakspeare:

"Dead Henry's woundsOpen their congealed mouths, and bleed afresh;"

"Dead Henry's woundsOpen their congealed mouths, and bleed afresh;"

And Dryden says:

"If the vile actors of the heinous deedNear the dead body happily be brought,Oft hath been proved the breathless corpse will bleed."

"If the vile actors of the heinous deedNear the dead body happily be brought,Oft hath been proved the breathless corpse will bleed."

That murder might be discovered in the way referred to, was generally believed in Scotland in the seventeenth century. Sir George Mackenzie, when conducting the prosecution in the trial of Philip Stansfield, said: "That divine power which makes the blood circulate during life, has oft-times, in all nations, opened a passage to it after death upon such occasions, but most in this case; for after the wounds had been sewed up, and the body designedly shaken up and down, and, which is most wonderful, after the body had been buried for several days, which naturally occasions the blood to congeal, upon Philip touching it, the blood darted and sprang out, to the great astonishment of the chirurgeons themselves, who were desired to watch this event; whereupon Philip, astonished more than they, threw down the body, and became so faint that they were forced to give him a cordial."

In the middle of the seventeenth century, Christina Wilson was accused, in one of the supreme courts of Scotland, of having killed her brother by sorcery. On being suspected of the crime by the minister and others, she was brought in to touch the corpse. At the first sight of the dead body, she prayed that He who made the sun to shine on their house would bring the murder to light, and immediately thereafter she touched the corpse. It bled, though it did not do so before when touched by others. Of course this was held sufficient proof against the unfortunate woman, and she suffered according to her supposed guilt.

In another case a man was condemned on similar evidence for the murder of his father; but the prisoner insisted that the bleeding was owing to an incisionmade on the body, and not to his presence. The defence was disregarded; but this need not be a matter of surprise, when such men as Sir K. Digby and Sir George Mackenzie took it for granted that the corpse of a murdered person would bleed on being touched by the murderer. He (Sir K. Digby) says in hisReligio Medica: "And to this cause, peradventure, may be ascribed the strange effect which is frequently seen in England, when, at the approach of the murderer, the slain body suddenly bleedeth afresh: for certainly the souls of them that are treacherously murdered by surprise leave their bodies with extreme unwillingness, and with vehement indignation against them that forced them to so unprovided and abhorred a passage. The soul then, to wreak its evil talent against the hated murderer, and to draw a just and desired revenge upon his head, would do all it can to manifest the author of the fact. To speak it cannot, for in itself it wanteth organs of voice, and those it is parted from are now grown too heavy, and are too benumbed for it to give motion unto; yet some change it desireth to make in the body, which it hath so vehement inclination to, and therefore it is the aptest for it to work upon. It must then endeavour to cause a motion in the sublimest and most fluid parts (and consequently the most moveable ones) of it. This can be nothing but the blood, which, being violently moved, must needs gush out at those places where it findeth issues."

The swallowing of a piece of barley bread, over which mass had been performed, was not unfrequent in trials of ordeal. If the suspected person swallowed the bread without injury, he was declared innocent; but if the bread choked him in the attempt to swallow it, then was he considered to be guilty. At times cheese was given with the bread; but when that was done, it was essential to supply ewe-milk cheese made in the month of May.

A Popular Story—Ordeal of Red-hot Iron—Ordeal by Boiling Water—Theatberge, wife of Lothaire, accused of Incest—Purgation by Cold Water—Forbes's Memoirs—Ordeals by Boiling Oil—Trial by Wager of Battle—When Trial by Wager of Battle ceased—Trial by Jury—Combats in Germany—Bier placed near the Combatants—Court of King's Bench deciding the Legality of Trial by Battle—Sir Walter Scott's Illustrations of Superstition and Trial by Battle in Olden Times.

A Popular Story—Ordeal of Red-hot Iron—Ordeal by Boiling Water—Theatberge, wife of Lothaire, accused of Incest—Purgation by Cold Water—Forbes's Memoirs—Ordeals by Boiling Oil—Trial by Wager of Battle—When Trial by Wager of Battle ceased—Trial by Jury—Combats in Germany—Bier placed near the Combatants—Court of King's Bench deciding the Legality of Trial by Battle—Sir Walter Scott's Illustrations of Superstition and Trial by Battle in Olden Times.

A popular story is told of Emma, mother of Edward the Confessor, being accused of too great familiarity with the Bishop of Leicester. To justify herself, she demanded the ordeal of red-hot iron. Her demand was complied with, and she passed barefooted and blindfolded over nine red-hot ploughshares without touching them. Her innocence was thereby held to be proved.

Nobles and great persons who submitted to ordeal by water were purged by boiling water, but the populace had to undergo the cold-water test.

Theatberge, wife of Lothaire of France, having been accused of incest, certain bishops were consulted as to the manner of establishing her guilt or innocence; and they concluded that recourse should be had to proof by boiling water. She was ordered to plunge her hand into a basin of boiling water, and take out a ring put therein. In place of complying, she availed herself of a privilege the law allowed—to find a substitute. He whom she chose produced the ring without injuring his hand, in spite of the fire under the caldron being so intense that the water boiled over.

In the trial or purgation by cold water, the accused, after prayers and other ceremonies, was cast into deep water, swaddled or tied in such a manner as to make itimpossible for him or her to swim. If the accused sank, he or she was held criminal, and allowed to drown. If the person floated, it was regarded as a proof of innocence, and the lucky one was drawn out of the water to be set free.

Mr. Forbes, in hisOriental Memoirs, says that, among the curious circumstances connected with his administration of justice at Dheeborg, he was sometimes obliged to determine causes by ordeal trial. In one instance a man was accused of stealing a child wearing many jewels. Circumstances were against him, on which he demanded trial by ordeal. Mr. Forbes was at first averse to adopt such a measure, but, at the request of the Hindoo arbitrators, who sat on the carpet of justice, and especially at the request of the child's parents, he consented. A vessel full of boiling oil was brought into the durbar, and, after a short ceremony by the Brahmins, the accused person, without showing any anxiety, plunged his hand to the bottom and took out a small silver coin. He did not appear to have sustained any hurt, or to suffer the least pain. The suspected person's innocence being thus established in the eyes of the arbitrators and parents, he was set free.

Another instance of trial by ordeal is mentioned by Mr. Forbes. The coolies of a village in the northern part of Guzerat were accused of having seized and imprisoned a Bohra, and, of extorting a bond from him for 450 rupees. The chief, a Khemaria coolie, named Wagajee, denied the charge, and, for proof of his innocence and that of his people, offered to submit to trial by any kind of ordeal. The Bohra agreed to this mode of proof, and it was determined that the coolie should immerse his hand in a vessel of boiling oil. A large copper-pot full of oil was put on a fire in the market place, and a pair of blacksmith's bellows applied to blow the fire until the oil became very hot. A rupee was then thrown into the pot. The accused, when requested, came forward, stripped himself, said hisprayers, and protested his innocence. He resisted every attempt to dissuade him from the trial. A crowd of people, impressed with the awfulness of such an immediate appeal to the deity, prayed devoutly that, if he were not guilty, he might pass through the test unhurt. Wagajee walked up to the boiling oil, dipped his hand into it, and laid hold of the rupee. He then held up his hand, that the spectators might satisfy themselves of his veracity. His hand appeared as if it had been merely put into cold oil. All parties were satisfied, and Wagajee was dismissed with the present of a new turban.

Trial by ordeal was introduced into England by the Saxons. Under the English laws, a prisoner might choose whether he would be tried by ordeal or by jury. Trial by ordeal was abolished in this country in the year 1218.

Trial by or wager of battle may be mentioned as a form of superstition which remained as a legal way of deciding criminal cases down to the time of George III.

In 1817 a young man, charged with murdering his sweetheart in England, claimed the right to have his case decided by wager of battle: the court admitted the claim, but he whose right it was to accept the challenge refused to fight, and so the accused escaped punishment. This led to the law, which allowed trial by battle, being repealed in 1819.

Before commencing the fight, the combatants were compelled to swear that neither of them would resort to sorcery or witchcraft. If the accused were slain, the judges regarded the fatal deed as proof of his guilt. If overpowered, but not killed, he was adjudged guilty, and sentenced to be immediately executed. Women, priests, infants, men sixty years of age, or lame or blind, had it in their option to refuse wager of battle, and were entitled to demand trial by jury.

An old author says: "If two neighbours dispute respecting the boundaries of their possessions, let a piece of turfof the contested land be dug up by the judge, and brought by him into the court, and the two parties shall touch it with the points of their swords, calling on the Most High to witness their claims. After this let them combat, and let victory prove who is right and who is wrong."

Sir Walter Scott gives a good illustration of the superstition of olden times, and of trial by battle, inIvanhoe. We are told that after Ivanhoe was wounded at the tournament, Rebecca, the Jewess, lost no time in causing the patient to be removed to her father's dwelling, and with her own hands bound up his wounds. The Jews, both male and female, possessed and practised the medical science; and the monarchs and powerful barons of the time, says the novelist, frequently, when wounded or in sickness, committed themselves as patients to the charge of an experienced person among the despised people. A general belief prevailed among Christians that the Jewish rabbins were acquainted with the occult sciences, and particularly with the cabalistical art. The rabbins did not disavow such acquaintance with supernatural arts. Rebecca's knowledge of the healing art had been acquired under an aged Jewess, the daughter of a celebrated doctor. Miriam fell a sacrifice to the fanaticism of the times, but her secrets had survived in her apt pupil. The wounded knight, as might be expected, recovered under the medical treatment of Rebecca. For this she was accused of working cures by words, sigils, and other cabalistical mysteries.

"Nay, reverend and brave knight," answered Isaac, Rebecca's father, in reply to Beaumanoir, who brought the charge against the Jewess, "but in chief measure by a balsam of marvellous virtue;" and in reply to another question, Isaac reluctantly told that Rebecca had obtained her secret from Miriam, whom the Grand Master designated a witch and enchantress, whose body had been burned at a stake, and her ashes scattered to the four winds. "The laws of England," exclaimed Beaumanoir,"permit and enjoin each judge to execute justice within his own jurisdiction. The most petty baron may arrest, try, and condemn a witch found within his own domain.... The witch shall be taken out of the land, and the wickedness thereof shall be forgiven. Prepare the castle-hall for the trial of the sorceress."

Poor Rebecca was brought before the Grand Master, charged with various crimes. "We have," said the Master, "summoned to our presence a Jewish woman, by name Rebecca, daughter of York—a woman infamous for sortileges and for witcheries; whereby she hath maddened the blood, and besotted the brain, not of a churl, but of a knight—not of a secular knight, but of one devoted to the service of the holy temple—not of a knight champion, but of a preceptor.... By means of charms and of spells, Satan had obtained dominion over the knight, perchance because he cast his eyes too lightly upon a damsel's beauty."

Witnesses being invited by the Grand Master, forward came a once bedridden man, whom the prisoner had restored to the perfect use of his limbs by a miraculous balsam. Unwillingly he testified to Rebecca curing him, giving him a pot of spicy smelling ointment, and supplying him with money to pay his expenses to his father's house, whither he wished to repair. Other witnesses deponed that Rebecca muttered to herself in an unknown tongue, that the songs she sang were peculiarly sweet, that her garments were of a strange mystic form, and that she had rings with cabalistic devices. A soldier testified that he had seen her cure a wounded man in a mysterious way. He said she made certain signs upon the wound, and repeated words he understood not. The result, he declared, was that the iron head of a cross-bow bolt disengaged itself from the wound, the bleeding was staunched, the wound closed, and the seemingly dying man was within a quarter of an hour walking upon the ramparts.Another soldier deponed that he had seen Rebecca perch herself upon a high turret, and there take the form of a white swan, under which appearance she flitted three times round the castle of Torquailstone. Again she settled on the turret, and once more assumed her womanly form. The evidence was considered more than enough to condemn the unhappy Jewess; and in a solemn tone the Grand Master demanded what she had to say against sentence of condemnation being pronounced against her. Rebecca knew the law; she maintained her innocence, claimed the privilege of trial by combat, and offered to appear by a champion.

Brian de Bois-Gilbert was appointed to do battle on behalf of himself and the order of knights to which he belonged; and the day came when the die would be cast that was to decide the fate of Rebecca. At the castle of Templestowe everything was prepared by the prosecutor for the combat, but for poor Rebecca no champion appeared. Near the lists was a pile of faggots so arranged around a stake as to leave a space for the accused to enter within the fatal circle, chained by fetters, in order to be ready for the fiery punishment. At the hour appointed for the champions to meet, the large bell of St. Michael tolled mournfully, the drawbridge fell, the gates opened, and a knight, bearing a great standard, sallied forth from the castle, preceded by six trumpeters, and followed by the knights preceptors, the Grand Master coming behind. Then came Brian de Bois-Gilbert, armedcap-à-pie, accompanied by two godfathers and many squires and pages. After these followed a guard of warders, with the trembling Jewess, stripped of all her ornaments, lest there should be among them amulets, which Satan was supposed to bestow upon his victims, to deprive them of the power of confession, even when under torture. While the Grand Master took his exalted seat, the unfortunate culprit was conducted to the black chair, near the ready prepared pile. Everythingbeing arranged, a loud and long flourish of trumpets announced that the proceedings of the court were to begin. Brian de Bois-Gilbert stood ready for the combat, but a champion was still wanting for the appellant. Lest Jew or Pagan should charge the court with injustice, the Grand Master declared his readiness to wait till the shadows were in the west, to see if a champion would appear for the culprit. But the general belief prevailed that no one would stand up for her; and the craven knights whispered to each other, when the day was far gone, that the time had come for declaring the pledge of Rebecca forfeited. At this instant, a knight, urging his horse forward, appeared on the plain advancing towards the lists. A hundred voices exclaimed, "A champion! a champion!" Yes, it was a champion, the renowned Wilfred of Ivanhoe. "Rebecca," said he, riding up to the black chair, "dost thou accept me for thy champion?" The answer was in the affirmative. Little time was now lost; the champions confronted each other. Trumpets sounded, and the knights charged in full career. The wearied horse of Ivanhoe, and its no less exhausted rider, went down, as all had expected, before the well-aimed lance and vigorous steed of the Templar. This result all had foreseen; but although the spear of Ivanhoe did but lightly touch the shield of Bois-Gilbert, that combatant reeled in his saddle, lost his stirrups, and fell in the lists. Ivanhoe, extricating himself from his fallen horse, was soon on foot, hastening to mend his fortune by the sword; but his antagonist rose not. Wilfred, placing his foot on his opponent's breast, and the sword's point to his throat, commanded him to yield, or die on the spot. Bois-Gilbert returned no answer. The fallen knight was unhelmed. His eyes were closed—he was dead, supposed to have died a victim to the violence of his own passions. When the first moments of surprise were over, the Grand Master pronounced the maiden free and guiltless.

The conclusion of this story is touching in the extreme.Soon after this Ivanhoe and the Lady Ravena were married. On the second morning after the nuptials, Rebecca waited on the Lady of Ivanhoe, and presented her with a small silver casket containing jewels of great value; and leaving a message to her champion, who never ceased to remember her, she hastened away to other lands, to tend the sick, feed the hungry, and relieve the distressed.


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