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.
Pages:
341
342
343
344
345
346
347
348
349
350
351
352
353
354
355
356
357
358
359
360
361
362
363
364
365