Public-domain · open source
OpenJurist

Ordeal

The Cyclopedic Law Dictionary · Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

The Cyclopedic Law Dictionary

An ancient superstitious mode of trial. When in a criminal case the accused was arraigned, he might select the mode of trial either by God and his country,— that is, by jury,— or by God only,— that is, by ordeal. The trial by ordeal was either by fire or by water. Those who were tried by the former passed barefooted and blindfolded over nine hot, glowing ploughshares, or were to carry burning irons in their hands, and accordingly as they escaped or not they were In cold water, the parties suspected were adjudged Innocent if their bodies were not borne u^ by the water contrary to the course of nature; and if, after putting their bare arms or legs into scalding water, they came out unhurt, they were taken to be innocent of the crime. It was supposed that God would, by the mere contrivance of man, exercise his power in favor of the innocent.

4 Bl. Comm. 842; 2 Am. Jur. 280.

For a detailed account of the trial by ordeal, see Herbert, Ant. Inns of Court, 146.