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[FN [z] LL. Frison. tit. 14. apud Lindenbrogium, p. 496. [a] Du Cange, in verb. CRUX.] The ordeal was another established method of trial among the Anglo- Saxons. It was practised either by boiling water or red-hot iron. The former was appropriated to the common people; the latter to the nobility. The water or iron was consecrated by many prayers, masses, fastings, and exorcisms [b]; after which the person accused either took up a stone sunk in the water [c] 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 [d]. The trial by cold water was different: the person was thrown into consecrated water; if he swam, he was guilty; if he sunk, innocent [e]. 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 [f]. [FN [b] Spellm. in verb. ORDEAL. Parker, p. 155. Lindenbrog. p 1299. [c] LL. Inae, Sec. 77. [d] Sometimes the person accused walked barefoot over red-hot iron. [e] Spellm. in verb. ORDEALIUM. [f] Spellm. in verb. CORSNED Parker, p. 156. Text. Roffens. p. 33.] [MN Military force.] 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 [g], wardship, marriage, and other burdens, which were inseparable from it in the kingdoms of the continent. As the Saxons expelled, or almost entirely destroyed, the ancient Britons, they planted themselves in this island on the same footing with their ancestors in Germany, and found no occasion for the feudal institutions [h], which were calculated to maintain a kind of standing army, always in readiness to suppress any insurrection among the conquered people. The trouble and expense of defending the state in England lay equally upon all the land; and it was usual for every five hides to equip a man for the service. The TRINODA NECESSITAS, as it was called, or the burden of military expeditions, of repairing
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