"Will you have done!" cried the count again smiting the table with the handle of his scramasax. "We have had words enough – take your choice – either your knees or your throat for an extinguisher! Do you hesitate – "
"No, no, seigneur, I obey – "
And it was a very comical scene for the Franks. By the faith of a Vagre, there was truly cause for laughter. With tears rolling down his cheeks, the poor old Gaul first approached the burning torch to his trembling knees; the instant the flame touched him he quickly withdrew it again. But the count, who, with both his hands upon his paunch swollen with food and drink, was roaring with laughter and, like the rest of the leudes, shook with mirth, again smote the table violently with the handle of his scramasax. The slave understood the signal. With trembling hands he again drew the torch close to his icy knees, and assayed to put a quick end to the torture; he parted his legs a little and then brought them twice quickly and convulsively together so as to extinguish the flame between his knees. He succeeded in this, but not without emitting a piercing cry of pain; such was the pang he suffered that the old man fell over upon his back and lay on the floor deprived of consciousness.
"I smell grilled dog!" said the count dilating his nostrils like a beast of prey. The odor of burnt human flesh doubtlessly acted as an appetizer upon him, and he cried as if struck by a new idea: "My valiant leudes, the burg's prison is well stocked, I know. We have in the ergastula, loaded with chains, first of all, Ronan the Vagre and the hermit-laborer; they are now both nearly healed of their wounds; then we have the little blonde slave, she is not yet well, she still seems to be at death's door; besides that, we have the handsome bishopess – she is not wounded but is possessed of the devil – ".
"But, count," spoke up one of the leudes, "what do you propose to do with those cursed Vagres, the little Vagress and the handsome witch whom we brought prisoners with us from the combat at the fastnesses of Allange? What manner of torture will you inflict upon them?"
"Oh! how I regret that they have not a thousand members to burn and hack to pieces in order to expiate the death of our companions in arms whom they killed in the fastness!"
"Will you have them tried here, count?"
"No – no – they shall be tried at Clermont. Bishop Cautin insists upon his jurisdiction over them. Oh! By the Terrible Eagle, my ancestor who skinned his prisoners alive, the Vagre, the hermit-laborer and the witch shall be submitted to frightful tortures. But they do not concern us this evening. When I mentioned to you the prisoners in the ergastula, my good leudes, what I meant to say was that we have there one of my domestic slaves who is charged with larceny by the cook slave. The latter asserts, the former denies the theft. Which of the two lies? In order to ascertain the truth, let us put the two cubs to the cold water and hot iron trials, according to the law of our Salic Franks."
CHAPTER II
THE MAHL
The tribunal assembles. The count presides over the mahl on his seat; seven leudes, ranked on benches on either side, assist him. The torch-bearing slaves stand behind the judges. The judgment seat is well lighted, while the rear of the hall, where the other leudes and warriors of the burg are grouped, remains in semi-obscurity, brightened, however, from time to time by the reflexion of the fire in the large stove which the blacksmith of the stables has lighted and blows into flame. The nine plow-shares are being heated red in the stove. Before the stove, and even with the ground, is the wide and deep tank filled with water. The slave charged with larceny stands at the foot of the tribunal with his arms tied behind his back. He is a young man and looks frightened at the judges. The accuser, a man of ripe age, contemplates the tribunal confidently. Agreeable to the usage in such instances, six other slaves surround the two men. They are chosen by the accuser and the accused to affirm under oath what they believe to be the truth. They are called conjurators.
"To the trial! To the trial!" cries the count. "Mayor, inform the slave anew of the charge against him."
"Justin, a cook-slave of our seigneur, the count, happened to be alone in the kitchen; on the kitchen table lay a small silver dish used by dame Godegisele, the noble spouse of our master. Peter, this other slave, entered the kitchen bringing in some kindling wood. Immediately after his departure, Justin noticed that the silver dish had disappeared. He immediately announced the theft and accused Peter of having committed it. I told Justin that one of his ears would be cut off if the dish was not found. He answered me that he swore by the salvation of his soul that he told the truth and that the thief was this other slave."
"And I repeat it again, seigneur count. If the dish was stolen it could have been stolen only by Peter. I swear it upon my share of paradise. I am innocent. My conjurators are all ready to swear like myself upon the salvation of their souls."
"Yes, yes," answered the six slaves in chorus; "we swear that Justin is innocent of the theft – we swear upon the salvation of our souls, we swear upon our share of paradise."
"Do you hear, dog?" said Neroweg turning towards Peter. "What have you to say? What became of the silver dish, a precious article that I brought from the pillage of the town of Issoire? Will you answer, dog?"
"Seigneur, I did not steal the dish, I did not even see it on the table – my conjurators are ready to swear to it, like myself, upon my salvation – upon my share of paradise – "
"Yes, yes," put in the six in their turn, the conjurators of the accused slave. "Peter is innocent; we swear upon our salvation."
"My dear brother in Christ," said the clerk to the accused slave, "think of it. It is a grave sin, theft is, and falsehood is another grave sin. Take care – the Almighty sees and hears you – His hand lies heavy upon thieves and liars – "
"My good father, I stand in great fear of the Almighty; I follow His commandments as you teach them to us; I support my trials with resignation; I obey my master, the seigneur count, with the submission that you order us to the end that we may gain paradise; but I swear I did not steal the dish."
"Seigneur count," said Justin, "I swear by the eternal flames that I did not steal the dish, and only Peter can be the thief – I am innocent."
"Justin affirms and Peter denies; now I, Neroweg, order that, in order to ascertain the truth, they be both put to the trial – one to the trial of cold water, the other to the trial of burning irons – "
"Seigneur count," broke in the clerk, "you order that both the accuser and the accused be subjected to trial. But should the judgment of the Almighty prove that the accused is guilty, is not the accuser thereby declared innocent? Why should both be put to the trial at the same time?"
"If the accused and the accuser agreed between themselves to steal my dish," replied the count, "and if, in order to remove our suspicions, they mutually accuse each other, the trial will establish whether they are both guilty or innocent, or whether one is guilty and the other innocent."
"Yes, yes," cried the leudes enjoying by anticipation the spectacle of human suffering; "the double trial!"
"I am not afraid of the trial!" exclaimed Justin in a firm voice. "God will bear witness to my innocence – "
"And I am quite certain that I did not steal the dish," said Peter trembling, "and yet I am afraid of the trial!"
"Your companion, my dear son in Christ, sets you the example of a pious reliance upon divine justice, knowing the Eternal only condemns the guilty."
"Alas, good father!" said Peter to the clerk, "think of it, if the trial should turn out against me!"
"My son, it will be a proof that you did steal the dish."
"But no – no – I did not commit the theft."
"In that case, my son, you need have no fear of the judgment of God. His justice is infallible."
"Oh, good father, I hope you are right!"
"Speak not thus, my dear son. This law is holy, it is the Salic Law, the law of the Salian Franks, our conquerors. It is placed under protection by our Lord Jesus Christ. I shall read to you the preamble of the law in the name of which you are to be subjected to trial:
" 'The illustrious nation of the Franks, founded by God, strong in war, wise in council, of noble stature, of singular whiteness and beauty, bold, agile and mighty in battle, has recently been converted to the Catholic faith, which it practices pure and free from the defilement of any heresy; the said illustrious nation has prepared and dictated the Salic Law through the medium of the oldest members who then governed the nation. The gast of Wiso, the gast of Bodo, the gast of Salo, the gast of Wido, who inhabit the places called Salo-Heim, Bodo-Heim, Wiso-Heim and Wido-Heim met during three mahls, carefully discussed and adopted this law.
" 'Long live he who loves the Franks! May Christ uphold their empire! May Heaven enlighten their chiefs and fill them with grace! May He protect the army, may He fortify the faith, may He grant peace and happiness to those who govern them under the auspices of our Lord Jesus Christ. Amen.' "
"Clerk, we have had words enough!" put in the count. "The accused shall be put to the trial of the cold water – let his right hand be bound to his left foot, and let him be thrown into the tank head foremost. If he floats the judgment of God condemns him; he will then be pronounced guilty and shall to-morrow suffer punishment. If he sinks to the bottom, the judgment of God will have absolved him."
At a sign of Neroweg several of his men seized the Gallic slave, and despite the resistance that he offered and his supplications, they tied his right hand to his left foot.
"Alas," moaned the wretched man, "what a terrible law that law is, good father! What a fate is mine! If I remain at the bottom of the tank I shall drown, however innocent I may be! And if I float, I shall be sentenced and executed as a thief!"
"The judgment of the Eternal, my dear son, can never go wrong."
Already the Franks were raising the slave in their arms and were about to cast him into the tank when the clerk cried out:
"And the consecration of the water!"
And stepping towards the slave who moaned aloud, the clerk placed upon the Gaul's lips a silver cross that he carried around his neck and said:
"Kiss this cross, my dear son."
The young slave devoutly kissed the symbol of the death of the Friend of the sorrowful, while the clerk pronounced aloud the formula adopted by the Church:
"Oh, thou who art about to undergo the trial of cold water, I adjure thee, in the name of our Lord Jesus Christ, in the name of the Father, the Son and the Holy Ghost, in the name of the indivisible Trinity, in the name of all the angels, archangels, principalities, powers and dominions, virtues, thrones, cherubim and seraphim, if thou art guilty, that this water may reject thee, without any sorcery preventing it from so doing; and Thou Lord Jesus Christ, give us such a sign of Thy majesty that if this man has committed the crime, he be rejected by this water to the praise and the glory of Thy holy name, and to the end that all may recognize that Thou art God. And you, water! Water created by the omnipotent Father for the needs of man, I adjure you, in the name of the indivisible Trinity which allowed the people of Israel to cross the Red Sea, dry-footed, I adjure you, water, to refuse to accept this body if he has eased his shoulders of the burden of good works. I so order you, water, confident in the virtue of God alone in whose name I demand obedience from you. Amen."
The consecration being finished by the clerk, the Franks raised over their heads the Gallic slave who screamed and struggled to free himself, and hurled him violently into the center of the tank amidst the loud guffaw of the count and the witnessing Franks.
"Never yet did otter, leaping from a willow tree after a carp, make so beautiful a plunge," exclaimed the good seigneur count holding his sides; he was laughing so heartily. The witnessing Franks also laughed and roared, and crowded around the tank saying to one another:
"He will float – the scamp!"
"He will not float – he is not guilty!"