Page:Memoirs of Extraordinary Popular Delusions and the Madness of Crowds Vol 2.djvu/279

 was also obliged to find twelve persons of acknowledged probity who should take oath at the same time that they believed him innocent. This mode of trial led to very great abuses, especially in cases of disputed inheritance, where the hardest swearer was certain of the victory. This abuse was one of the principal causes which led to the preference given to the trial by battle. It is not at all surprising that a feudal baron, or captain of the early ages, should have preferred the chances of a fair fight with his opponent to a mode by which firm perjury would always be successful.

The trial by, or judgment of, the cross, which Charlemagne begged his sons to have recourse to, in case of disputes arising between them, was performed thus:—When a person accused of any crime had declared his innocence upon oath, and appealed to the cross for its judgment in his favour, he was brought into the church, before the altar. The priests previously prepared two sticks exactly like one another, upon one of which was carved a figure of the cross. They were both wrapped up with great care and many ceremonies, in a quantity of fine wool, and laid upon the altar, or on the relics of the saints. A solemn prayer was then offered up to God, that he would be pleased to discover, by the judgment of his holy cross, whether the accused person were innocent or guilty. A priest then approached the altar, and took up one of the sticks, and the assistants unswathed it reverently. If it was marked with the cross, the accused person was innocent; if unmarked, he was guilty. It would be unjust to assert, that the judgments thus delivered were, in all cases, erroneous; and it would be absurd to believe that they were left altogether to chance. Many true judgments were doubtless given, and, in all probability, most conscientiously; for we cannot but believe that the priests endeavoured beforehand to convince themselves by secret inquiry and a strict examination of the circumstances, whether the appellant were innocent or guilty, and that they took up the crossed or uncrossed stick accordingly. Although, to all other observers, the sticks, as enfolded in the wool, might appear exactly similar, those who enwrapped them could, without any difficulty, distinguish the one from the other.

By the fire-ordeal the power of deciding was just as unequivocally left in their hands. It was generally believed that fire would not burn the innocent, and the clergy, of course, took care that the innocent, or such as it was their pleasure or interest to declare so, should be so warned before undergoing the ordeal, as to preserve themselves without any difficulty from the fire. One mode of ordeal was to place red-hot ploughshares on the ground at certain distances, and then, blindfolding the accused person, make him walk barefooted over