27 



the pi'eference to the money, and the judges declar- 

 ing this sufficient proof of capacity for guilt, it was put 

 to death. Trials in the Areopagus were conducted 

 thus: — Parties were placed amid the bleeding mem- 

 bers of the victims, and there they took an oath, con- 

 firmed by awful imprecations on themselves and fami- 

 lies. 



Three thousand brass tablets were necessary to sus- 

 tain the early statutes of the Senate and popular asseni- 

 blies; some of which embraced a hundred chapters. 

 Marriage was si'lemnised by presenting fire and water. 

 Divorce by delivery of keys. Manumission was de- 

 noted by a blow upon the cheek ; and one was forbid- 

 den to commit a trespass, by the casting of a stone. A 

 pledge or deposit was the clenched fist; a covenant, a 

 broken straw; and possession of lands was made ad- 

 verse by breaking a twig. 



Coming down later into history, we see not much 

 to boast of, until after the age of Elizabeth. With our 

 glorious Saxon ancestry, murder was not capital, but 

 paid for in money. In 1600, oral testimony was ex- 

 cluded from the trial of persons criminally charged, 

 and even the appeal of battle existed to the year 1818. 

 Jurors were sworn to speak, not to ascertain the truth. 

 Evidence against a prisoner was taken in his absence. 

 He heard the charge against him for the first time, 

 when brought from prison for trial, and was then re- 

 quired instantly to plead. He was not allowed coun- 

 sel, and was frequently put to the rack to compel him 

 to criminate himself Even the learned and virtuous 

 Chief Justice Hale condemned innocent women to 

 death for witchcraft, on proofs furnished by ignorance 

 and superstition. 



