the world may, perhaps, become wiser, and consent to some better distribution of its good things, by means of which thieves may become reconciled to the age, and the age to them. The probability, however, seems to be, that the charmers will charm in vain, charm they ever so wisely.

INFLUENCE OF POLITICS AND RELIGION ON THE HAIR AND BEARD.

Speak with respect and honour Both of the beard and the beard's owner.

HUDIBRAS,

The famous declaration of St. Paul, "that long hair was a shame unto a man" has been made the pretext for many singular enactments, both of civil and ecclesiastical governments. The fashion of the hair and the cut of the beard were state questions in France and England from the establishment of Christianity until the fifteenth century.

We find, too, that in much earlier times men were not permitted to do as they liked with their own hair. Alexander the Great thought that the beards of his soldiery afforded convenient handles for the enemy to lay hold of, preparatory to cutting off their heads; and, with the view of depriving them of this advantage, he ordered the whole of his army to be closely shaven. His notions of courtesy towards an enemy were quite different from those entertained by the North American Indians, amongst whom it is held a point of honour to allow one "chivalrous lock" to grow, that the foe, in taking the scalp, may have something to catch hold of.

At one time, long hair was the symbol of sovereignty in Europe. We learn from Gregory of Tours that, among the successors of Clovis, it was the exclusive privilege of the royal family to have their hair long, and curled. The n.o.bles, equal to kings in power, would not show any inferiority in this respect, and wore not only their hair, but their beards, of an enormous length. This fashion lasted, with but slight changes, till the time of Louis the Debonnaire, but his successors, up to Hugh Capet, wore their hair short, by way of distinction. Even the serfs had set all regulation at defiance, and allowed their locks and beards to grow.

At the time of the invasion of England by William the Conqueror, the Normans wore their hair very short. Harold, in his progress towards Hastings, sent forward spies to view the strength and number of the enemy. They reported, amongst other things, on their return, that "the host did almost seem to be priests, because they had all their face and both their lips shaven." The fashion among the English at the time was to wear the hair long upon the head and the upper lip, but to shave the chin. When the haughty victors had divided the broad lands of the Saxon thanes and franklins among them, when tyranny of every kind was employed to make the English feel that they were indeed a subdued and broken nation, the latter encouraged the growth of their hair, that they might resemble as little as possible their cropped and shaven masters.

This fashion was exceedingly displeasing to the clergy, and prevailed to a considerable extent in France and Germany. Towards the end of the eleventh century, it was decreed by the Pope, and zealously supported by the ecclesiastical authorities all over Europe, that such persons as wore long hair should be excommunicated while living, and not be prayed for when dead. William of Malmesbury relates, that the famous St.

Wulstan, Bishop of Worcester, was peculiarly indignant whenever he saw a man with long hair. He declaimed against the practice as one highly immoral, criminal, and beastly. He continually carried a small knife in his pocket, and whenever anybody, offending in this respect, knelt before him to receive his blessing, he would whip it out slily, and cut off a handful, and then, throwing it in his face, tell him to cut off all the rest, or he would go to h.e.l.l.

But fashion, which at times it is possible to move with a wisp, stands firm against a lever; and men preferred to run the risk of d.a.m.nation to parting with the superfluity of their hair. In the time of Henry I, Anselm, Archbishop of Canterbury, found it necessary to republish the famous decree of excommunication and outlawry against the offenders; but, as the court itself had begun to patronize curls, the fulminations of the church were unavailing. Henry I and his n.o.bles wore their hair in long ringlets down their backs and shoulders, and became a scandalum magnatum in the eyes of the G.o.dly. One Serlo, the King's chaplain, was so grieved in spirit at the impiety of his master, that he preached a sermon from the well-known text of St. Paul, before the a.s.sembled court, in which he drew so dreadful a picture of the torments that awaited them in the other world, that several of them burst into tears, and wrung their hair, as if they would have pulled it out by the roots. Henry himself was observed to weep. The priest, seeing the impression he had made, determined to strike while the iron was hot, and, pulling a pair of scissors from his pocket, cut the king's hair in presence of them all. Several of the princ.i.p.al courtiers consented to do the like, and, for a short time, long hair appeared to be going out of fashion. But the courtiers thought, after the first glow of their penitence had been cooled by reflection, that the clerical Dalilah had shorn them of their strength, and, in less than six months, they were as great sinners as ever.

Anselm, the Archbishop of Canterbury, who had been a monk of Bec, in Normandy, and who had signalized himself at Rouen by his fierce opposition to long hair, was still anxious to work a reformation in this matter. But his pertinacity was far from pleasing to the King, who had finally made up his mind to wear ringlets. There were other disputes, of a more serious nature, between them; so that when the Archbishop died, the King was so glad to be rid of him, that he allowed the see to remain vacant for five years. Still the cause had other advocates, and every pulpit in the land resounded with anathemas against that disobedient and long-haired generation. But all was of no avail. Stowe, in writing of this period, a.s.serts, on the authority of some more ancient chronicler, "that men, forgetting their birth, transformed themselves, by the length of their haires, into the semblance of woman kind;" and that when their hair decayed from age, or other causes, "they knit about their heads certain rolls and braidings of false hair." At last accident turned the tide of fashion. A knight of the court, who was exceedingly proud of his beauteous locks, dreamed one night that, as he lay in bed, the devil sprang upon him, and endeavoured to choke him with his own hair. He started in affright, and actually found that he had a great quant.i.ty of hair in his mouth. Sorely stricken in conscience, and looking upon the dream as a warning from Heaven, he set about the work of reformation, and cut off his luxuriant tresses the same night. The story was soon bruited abroad; of course it was made the most of by the clergy, and the knight, being a man of influence and consideration, and the acknowledged leader of the fashion, his example, aided by priestly exhortations, was very generally imitated. Men appeared almost as decent as St. Wulstan himself could have wished, the dream of a dandy having proved more efficacious than the entreaties of a saint. But, as Stowe informs us, "scarcely was one year past, when all that thought themselves courtiers fell into the former vice, and contended with women in their long haires." Henry, the King, appears to have been quite uninfluenced by the dreams of others, for even his own would not induce him a second time to undergo a cropping from priestly shears. It is said, that he was much troubled at this time by disagreeable visions. Having offended the church in this and other respects, he could get no sound refreshing sleep, and used to imagine that he saw all the bishops, abbots, and monks of every degree, standing around his bed-side, and threatening to belabour him with their pastoral staves; which sight, we are told, so frightened him, that he often started naked out of his bed, and attacked the phantoms sword in hand. Grimbalde, his physician, who, like most of his fraternity at that day, was an ecclesiastic, never hinted that his dreams were the result of a bad digestion, but told him to shave his head, be reconciled to the Church, and reform himself with alms and prayer. But he would not take this good advice, and it was not until he had been nearly drowned a year afterwards, in a violent storm at sea, that he repented of his evil ways, cut his hair short, and paid proper deference to the wishes of the clergy.

In France, the thunders of the Vatican with regard to long curly hair were hardly more respected than in England. Louis VII. however, was more obedient than his brother-king, and cropped himself as closely as a monk, to the great sorrow of all the gallants of his court. His Queen, the gay, haughty, and pleasure-seeking Eleanor of Guienne, never admired him in this trim, and continually reproached him with imitating, not only the headdress, but the asceticism of the monks. From this cause, a coldness arose between them. The lady proving at last unfaithful to her shaven and indifferent lord, they were divorced, and the Kings of France lost the rich provinces of Guienne and Poitou, which were her dowry.

She soon after bestowed her hand and her possessions upon Henry Duke of Normandy, afterwards Henry II of England, and thus gave the English sovereigns that strong footing in France which was for so many centuries the cause of such long and b.l.o.o.d.y wars between the nations.

When the Crusades had drawn all the smart young fellows into Palestine, the clergy did not find it so difficult to convince the staid burghers who remained in Europe, of the enormity of long hair. During the absence of Richard Coeur de Lion, his English subjects not only cut their hair close, but shaved their faces. William Fitzosbert, or Long-beard, the great demagogue of that day, reintroduced among the people who claimed to be of Saxon origin the fashion of long hair. He did this with the view of making them as unlike as possible to the citizens and the Normans. He wore his own beard hanging down to his waist, from whence the name by which he is best known to posterity.

The Church never showed itself so great an enemy to the beard as to long hair on the head. It generally allowed fashion to take its own course, both with regard to the chin and the upper lip. This fashion varied continually; for we find that, in little more than a century after the time of Richard I, when beards were short, that they had again become so long as to be mentioned in the famous epigram made by the Scots who visited London in 1327, when David, son of Robert Bruce, was married to Joan, the sister of King Edward. This epigram, which was stuck on the church-door of St. Peter Stangate, ran as follows--

"Long beards heartlesse, Painted hoods witlesse, Gray coats gracelesse, Make England thriftlesse."

When the Emperor Charles V. ascended the throne of Spain, he had no beard. It was not to be expected that the obsequious parasites who always surround a monarch, could presume to look more virile than their master. Immediately all the courtiers appeared beardless, with the exception of such few grave old men as had outgrown the influence of fashion, and who had determined to die bearded as they had lived. Sober people in general saw this revolution with sorrow and alarm, and thought that every manly virtue would be banished with the beard. It became at the time a common saying,--

"Desde que no hay barba, no hay mas alma."

We have no longer souls since we have lost our beards.

In France, also, the beard fell into disrepute after the death of Henry IV, from the mere reason that his successor was too young to have one. Some of the more immediate friends of the great Bearnais, and his minister Sully among the rest, refused to part with their beards, notwithstanding the jeers of the new generation.

Who does not remember the division of England into the two great parties of Roundheads and Cavaliers? In those days, every species of vice and iniquity was thought by the Puritans to lurk in the long curly tresses of the Monarchists, while the latter imagined that their opponents were as dest.i.tute of wit, of wisdom, and of virtue, as they were of hair. A man's locks were the symbol of his creed, both in politics and religion.

The more abundant the hair, the more scant the faith; and the balder the head, the more sincere the piety.

But among all the instances of the interference of governments with men's hair, the most extraordinary, not only for its daring, but for its success is that of Peter the Great, in 1705. By this time, fashion had condemned the beard in every other country in Europe, and with a voice more potent than Popes or Emperors, had banished it from civilized society. But this only made the Russians cling more fondly to their ancient ornament, as a mark to distinguish them from foreigners, whom they hated. Peter, however resolved that they should be shaven. If he had been a man deeply read in history, he might have hesitated before he attempted so despotic an attack upon the time-hallowed customs and prejudices of his countrymen; but he was not. He did not know or consider the danger of the innovation; he only listened to the promptings of his own indomitable will, and his fiat went forth, that not only the army, but all ranks of citizens, from the n.o.bles to the serfs, should shave their beards. A certain time was given, that people might get over the first throes of their repugnance, after which every man who chose to retain his beard was to pay a tax of one hundred roubles. The priests and the serfs were put on a lower footing, and allowed to retain theirs upon payment of a copeck every time they pa.s.sed the gate of a city. Great discontent existed in consequence, but the dreadful fate of the Strelitzes was too recent to be forgotten, and thousands who had the will had not the courage to revolt. As is well remarked by a writer in the "Encyclopedia Britannica," they thought it wiser to cut off their beards than to run the risk of incensing a man who would make no scruple in cutting off their heads. Wiser, too, than the popes and bishops of a former age, he did not threaten them with eternal d.a.m.nation, but made them pay in hard cash the penalty of their disobedience. For many years, a very considerable revenue was collected from this source. The collectors gave in receipt for its payment a small copper coin, struck expressly for the purpose, and called the "borodovaia," or "the bearded." On one side it bore the figure of a nose, mouth, and moustachios, with a long bushy beard, surmounted by the words, "Deuyee Vyeatee," "money received;" the whole encircled by a wreath, and stamped with the black eagle of Russia. On the reverse, it bore the date of the year. Every man who chose to wear a beard was obliged to produce this receipt on his entry into a town. Those who were refractory, and refused to pay the tax, were thrown into prison.

Since that day, the rulers of modern Europe have endeavoured to persuade, rather than to force, in all matters pertaining to fashion.

The Vatican troubles itself no more about beards or ringlets, and men may become hairy as bears, if such is their fancy, without fear of excommunication or deprivation of their political rights. Folly has taken a new start, and cultivates the moustachio.

Even upon this point governments will not let men alone. Religion as yet has not meddled with it; but perhaps it will; and politics already influence it considerably. Before the revolution of 1830, neither the French nor Belgian citizens were remarkable for their moustachios; but, after that event, there was hardly a shopkeeper either in Paris or Brussels whose upper lip did not suddenly become hairy with real or mock moustachios. During a temporary triumph gained by the Dutch soldiers over the citizens of Louvain, in October 1830, it became a standing joke against the patriots, that they shaved their faces clean immediately; and the wits of the Dutch army a.s.serted, that they had gathered moustachios enough from the denuded lips of the Belgians to stuff mattresses for all the sick and wounded in their hospital.

The last folly of this kind is still more recent. In the German newspapers, of August 1838, appeared an ordonnance, signed by the King of Bavaria, forbidding civilians, on any pretence whatever, to wear moustachios, and commanding the police and other authorities to arrest, and cause to be shaved, the offending parties. "Strange to say," adds "Le Droit," the journal from which this account is taken, "moustachios disappeared immediately, like leaves from the trees in autumn; everybody made haste to obey the royal order, and not one person was arrested."

The King of Bavaria, a rhymester of some celebrity, has taken a good many poetical licences in his time. His licence in this matter appears neither poetical nor reasonable. It is to be hoped that he will not take it into his royal head to make his subjects shave theirs; nothing but that is wanting to complete their degradation.

DUELS AND ORDEALS

There was an ancient sage philosopher, Who swore the world, as he could prove, Was mad of fighting. * * *

Hudibras,

Most writers, in accounting for the origin of duelling, derive it from the warlike habits of those barbarous nations who overran Europe in the early centuries of the Christian era, and who knew no mode so effectual for settling their differences as the point of the sword. In fact, duelling, taken in its primitive and broadest sense, means nothing more than combatting, and is the universal resort of all wild animals, including man, to gain or defend their possessions, or avenge their insults. Two dogs who tear each other for a bone, or two bantams fighting on a dunghill for the love of some beautiful hen, or two fools on Wimbledon Common, shooting at each other to satisfy the laws of offended honour, stand on the same footing in this respect, and are, each and all, mere duellists. As civilization advanced, the best informed men naturally grew ashamed of such a mode of adjusting disputes, and the promulgation of some sort of laws for obtaining redress for injuries was the consequence. Still there were many cases in which the allegations of an accuser could not be reb.u.t.ted by any positive proof on the part of the accused; and in all these, which must have been exceedingly numerous in the early stages of European society, the combat was resorted to. From its decision there was no appeal. G.o.d was supposed to nerve the arm of the combatant whose cause was just, and to grant him the victory over his opponent. As Montesquieu well remarks, ["Esprit des Loix," liv. xxviii. chap. xvii.] this belief was not unnatural among a people just emerging from barbarism. Their manners being wholly warlike, the man deficient in courage, the prime virtue of his fellows, was not unreasonably suspected of other vices besides cowardice, which is generally found to be co-existent with treachery.

He, therefore, who showed himself most valiant in the encounter, was absolved by public opinion from any crime with which he might be charged. As a necessary consequence, society would have been reduced to its original elements, if the men of thought, as distinguished from the men of action, had not devised some means for taming the unruly pa.s.sions of their fellows. With this view, governments commenced by restricting within the narrowest possible limits the cases in which it was lawful to prove or deny guilt by the single combat. By the law of Gondebaldus, King of the Burgundians, pa.s.sed in the year 501, the proof by combat was allowed in all legal proceedings, in lieu of swearing. In the time of Charlemagne, the Burgundian practice had spread over the empire of the Francs, and not only the suitors for justice, but the witnesses, and even the judges, were obliged to defend their cause, their evidence, or their decision, at the point of the sword. Louis the Debonnaire, his successor, endeavoured to remedy the growing evil, by permitting the duel only in appeals of felony, in civil cases, or issue joined in a writ of right, and in cases of the court of chivalry, or attacks upon a man's knighthood. None were exempt from these trials, but women, the sick and the maimed, and persons under fifteen or above sixty years of age. Ecclesiastics were allowed to produce champions in their stead.

This practice, in the course of time, extended to all trials of civil and criminal cases, which had to be decided by battle.

The clergy, whose dominion was an intellectual one, never approved of a system of jurisprudence which tended so much to bring all things under the rule of the strongest arm. From the first they set their faces against duelling, and endeavoured, as far as the prejudices of their age would allow them, to curb the warlike spirit, so alien from the principles of religion. In the Council of Valentia, and afterwards in the Council of Trent, they excommunicated all persons engaged in duelling, and not only them, but even the a.s.sistants and spectators, declaring the custom to be h.e.l.lish and detestable, and introduced by the Devil for the destruction both of body and soul. They added, also, that princes who connived at duels, should be deprived of all temporal power, jurisdiction, and dominion over the places where they had permitted them to be fought. It will be seen hereafter that this clause only encouraged the practice which it was intended to prevent.

But it was the blasphemous error of these early ages to expect that the Almighty, whenever he was called upon, would work a miracle in favour of a person unjustly accused. The priesthood, in condemning the duel, did not condemn the principle on which it was founded. They still encouraged the popular belief of Divine interference in all the disputes or differences that might arise among nations or individuals. It was the very same principle that regulated the ordeals, which, with all their influence, they supported against the duel. By the former, the power of deciding the guilt or innocence was vested wholly in their hands, while, by the latter, they enjoyed no power or privilege at all. It is not to be wondered at, that for this reason, if for no other, they should have endeavoured to settle all differences by the peaceful mode. While that prevailed, they were as they wished to be, the first party in the state; but while the strong arm of individual prowess was allowed to be the judge in all doubtful cases, their power and influence became secondary to those of n.o.bility.

Thus, it was not the mere hatred of bloodshed which induced them to launch the thunderbolts excommunication against the combatants; it a desire to retain the power, which, to do them justice, they were, in those times, the persons best qualified to wield. The germs of knowledge and civilization lay within the bounds of their order; for they were the representatives of the intellectual, as the n.o.bility were of the physical power of man. To centralize this power in the Church, and make it the judge of the last resort in all appeals, both in civil and criminal cases, they inst.i.tuted five modes of trial, the management of which lay wholly in their hands. These were the oath upon the Evangelists; the ordeal of the cross, and the fire ordeal, for persons in the higher ranks; the water ordeal, for the humbler cla.s.ses; and, lastly, the Corsned, or bread and cheese ordeal, for members of their own body.

The oath upon the Evangelists was taken in the following manner: the accused who was received to this proof, says Paul Hay, Count du Chastelet, in his Memoirs of Bertrand du Guesclin, swore upon a copy of the New Testament, and on the relics of the holy martyrs, or on their tombs, that he was innocent of the crime imputed to him. He 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 princ.i.p.al causes which led to the preference given to the trial by battle. It is not 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 quant.i.ty of fine wool, and laid upon the altar, or on the relics of the saints. A solemn prayer was then offered up to G.o.d, 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 a.s.sistants 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 a.s.sert, 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 circ.u.mstances, 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 them. If he stepped regularly in the vacant s.p.a.ces, avoiding the fire, he was adjudged innocent; if he burned himself, he was declared guilty. As none but the clergy interfered with the arrangement of the ploughshares, they could always calculate beforehand the result of the ordeal. To find a person guilty, they had only to place them at irregular distances, and the accused was sure to tread upon one of them. When Emma, the wife of King Ethelred, and mother of Edward the Confessor, was accused of a guilty familiarity with Alwyn, Bishop of Winchester, she cleared her character in this manner. The reputation, not only of their order, but of a queen, being at stake, a verdict of guilty was not to be apprehended from any ploughshares which priests had the heating of. This ordeal was called the Judicium Dei, and sometimes the Vulgaris Purgatio, and might also be tried by several other methods. One was to hold in the hand, unhurt, a piece of red-hot iron, of the weight of one, two, or three pounds. When we read not only that men with hard hands, but women of softer and more delicate skin, could do this with impunity, we must be convinced that the hands were previously rubbed with some preservative, or that the apparently hot iron was merely cold iron painted red. Another mode was to plunge the naked arm into a caldron of boiling water. The priests then enveloped it in several folds of linen and flannel, and kept the patient confined within the church, and under their exclusive care, for three days. If, at the end of that time, the arm appeared without a scar, the innocence of the accused person was firmly established. [Very similar to this is the fire-ordeal of the modern Hindoos, which is thus described in Forbes's "Oriental Memoirs," vol. i. c. xi.--"When a man, accused of a capital crime, chooses to undergo the ordeal trial, he is closely confined for several days; his right hand and arm are covered with thick wax-cloth, tied up and sealed, in the presence of proper officers, to prevent deceit. In the English districts the covering was always sealed with the Company's arms, and the prisoner placed under an European guard. At the time fixed for the ordeal, a caldron of oil is placed over a fire; when it boils, a piece of money is dropped into the vessel; the prisoner's arm is unsealed, and washed in the presence of his judges and accusers. During this part of the ceremony, the attendant Brahmins supplicate the Deity. On receiving their benediction, the accused plunges his hand into the boiling fluid, and takes out the coin.

The arm is afterwards again Sealed up until the time appointed for a re-examination. The seal is then broken: if no blemish appears, the prisoner is declared innocent; if the contrary, he suffers the punishment due to his crime." * * * On this trial the accused thus addresses the element before plunging his hand into the boiling oil:--"Thou, O fire! pervadest all things. O cause of purity! who givest evidence of virtue and of sin, declare the truth in this my hand!" If no juggling were practised, the decisions by this ordeal would be all the same way; but, as some are by this means declared guilty, and others innocent, it is clear that the Brahmins, like the Christian priests of the middle ages, practise some deception in saving those whom they wish to be thought guiltless.]

As regards the water-ordeal, the same trouble was not taken. It was a trial only for the poor and humble, and, whether they sank or swam, was thought of very little consequence. Like the witches of more modern times, the accused were thrown into a pond or river; if they sank, and were drowned, their surviving friends had the consolation of knowing that they were innocent; if they swam, they were guilty. In either case society was rid of them.

But of all the ordeals, that which the clergy reserved for themselves was the one least likely to cause any member of their corps to be declared guilty. The most culpable monster in existence came off clear when tried by this method. It was called the Corsned, and was thus performed. A piece of barley bread and a piece of cheese were laid upon the altar, and the accused priest, in his full canonicals, and surrounded by all the pompous adjuncts of Roman ceremony, p.r.o.nounced certain conjurations, and prayed with great fervency for several minutes. The burden of his prayer was, that if he were guilty of the crime laid to his charge, G.o.d would send his angel Gabriel to stop his throat, that he might not be able to swallow the bread and cheese.

There is no instance upon record of a priest having been choked in this manner. [An ordeal very like this is still practised in India.

Consecrated rice is the article chosen, instead of bread and cheese.

Instances are not rare in which, through the force of imagination, guilty persons are not able to swallow a single grain. Conscious of their crime, and fearful of the punishment of Heaven, they feel a suffocating sensation in their throat when they attempt it, and they fall on their knees, and confess all that is laid to their charge. The same thing, no doubt, would have happened with the bread and cheese of the Roman church, if it had been applied to any others but ecclesiastics. The latter had too much wisdom to be caught in a trap of their own setting.]

When, under Pope Gregory VII, it was debated whether the Gregorian chant should be introduced into Castile, instead of the Musarabic, given by St. Isidore, of Seville, to the churches of that kingdom, very much ill feeling was excited. The churches refused to receive the novelty, and it was proposed that the affair should be decided by a battle between two champions, one chosen from each side. The clergy would not consent to a mode of settlement which they considered impious, but had no objection to try the merits of each chant by the fire ordeal. A great fire was accordingly made, and a book of the Gregorian and one of the Musarabic chant were thrown into it, that the flames might decide which was most agreeable to G.o.d by refusing to burn it. Cardinal Baronius, who says he was an eye-witness of the miracle, relates, that the book of the Gregorian chant was no sooner laid upon the fire, than it leaped out uninjured, visibly, and with a great noise. Every one present thought that the saints had decided in favour of Pope Gregory. After a slight interval, the fire was extinguished; but, wonderful to relate! the other book of St. Isidore was found covered with ashes, but not injured in the slightest degree. The flames had not even warmed it. Upon this it was resolved, that both were alike agreeable to G.o.d, and that they should be used by turns in all the churches of Seville? [Histoire de Messire Bertrand du Guesclin, par Paul Hay du Chastelet. Livre i. chap. xix.]

If the ordeals had been confined to questions like this, the laity would have had little or no objection to them; but when they were introduced as decisive in all the disputes that might arise between man and man, the opposition of all those whose prime virtue was personal bravery, was necessarily excited. In fact, the n.o.bility, from a very early period, began to look with jealous eyes upon them. They were not slow to perceive their true purport, which was no other than to make the Church the last court of appeal in all cases, both civil and criminal: and not only did the n.o.bility prefer the ancient mode of single combat from this cause, in itself a sufficient one, but they clung to it because an acquittal gained by those displays of courage and address which the battle afforded, was more creditable in the eyes of their compeers, than one which it required but little or none of either to accomplish. To these causes may be added another, which was, perhaps, more potent than either, in raising the credit of the judicial combat at the expense of the ordeal. The n.o.ble inst.i.tution of chivalry was beginning to take root, and, notwithstanding the clamours of the clergy, war was made the sole business of life, and the only elegant pursuit of the aristocracy.

The fine spirit of honour was introduced, any attack upon which was only to be avenged in the lists, within sight of applauding crowds, whose verdict of approbation was far more gratifying than the cold and formal acquittal of the ordeal. Lothaire, the son of Louis I, abolished that by fire and the trial of the cross within his dominions; but in England they were allowed so late as the time of Henry III, in the early part of whose reign they were prohibited by an order of council. In the mean time, the Crusades had brought the inst.i.tution of chivalry to the full height of perfection. The chivalric spirit soon achieved the downfall of the ordeal system, and established the judicial combat on a basis too firm to be shaken. It is true that with the fall of chivalry, as an inst.i.tution, fell the tournament, and the encounter in the lists; but the duel, their offspring, has survived to this day, defying the efforts of sages and philosophers to eradicate it. Among all the errors bequeathed to us by a barbarous age, it has proved the most pertinacious. It has put variance between men's reason and their honour; put the man of sense on a level with the fool, and made thousands who condemn it submit to it, or practise it. Those who are curious to see the manner in which these combats were regulated, may consult the learned Montesquieu, where they will find a copious summary of the code of ancient duelling. ["Esprit des Loix," livre xxviii. chap. xxv.]

Truly does he remark, in speaking of the clearness and excellence of the arrangements, that, as there were many wise matters which were conducted in a very foolish manner, so there were many foolish matters conducted very wisely. No greater exemplification of it could be given, than the wise and religious rules of the absurd and blasphemous trial by battle.

In the ages that intervened between the Crusades and the new era that was opened out by the invention of gunpowder and printing, a more rational system of legislation took root. The inhabitants of cities, engaged in the pursuits of trade and industry, were content to acquiesce in the decisions of their judges and magistrates whenever any differences arose among them. Unlike the cla.s.s above them, their habits and manners did not lead them to seek the battle-field on every slight occasion. A dispute as to the price of a sack of corn, a bale of broad-cloth, or a cow, could be more satisfactorily adjusted before the mayor or bailiff of their district. Even the martial knights and n.o.bles, quarrelsome as they were, began to see that the trial by battle would lose its dignity and splendour if too frequently resorted to. Governments also shared this opinion, and on several occasions restricted the cases in which it was legal to proceed to this extremity.

In France, before the time of Louis IX, duels were permitted only in cases of Lese Majesty, Rape, Incendiarism, a.s.sa.s.sination, and Burglary.

Louis IX, by taking off all restriction, made them legal in civil eases.