Ordeal

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.

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, and perhaps in less important forms. 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 acquitted or condemned. The water ordeal was performed either in hot or cold water. In cold water, the parties suspected were adjudged innocent if their bocjies were not borne up by the water contrary to the course of nature; and if after putting their bare arms or logs 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 Bla. Com. 342; See Hurtado v. California, 110 U. S. 520, 4 Sup. Ct. Ill, 202, 28 L. Ed. 232 It is said to have opened the door to corruption, and that convictions were hard to get. It was condemned by the Lateran Council of 1215 and prohibited in England by writ addressed to certain itinerant justices in 1210. 1 Holdsw. Hist. E. L. 143. For a detailed account of the trial by ordeal, see Herbert, Antiq. of Inns of Court 146. See Lea, Superstition and Force; Thayer, Evidence; 2 Poll. & Maitl. Hist. E. L.; 2 Besant, London. A man of good repute could usually clear himself by oath; but circumstances of grave suspicion or previous bad character would drive the defendant to stand trial by ordeal. Trial by battle was a late, or Norman institution. Pollock, Sel. Essays in Anglo-Amer. L. Hist. 93. 0RDEFFE or 0RDELFE. A liberty whereby a man claims the ore found in his own land; also, the ore lying under land. Cowell. 0RDELS. A kind of purgation, one by fire and one by water. Cowell. 0RD ENAMIENT0. In Spanish Law. An order from the sovereign and differing from

The most ancient species of trial, in Saxon and old English law, being peculiarly distinguished by the appellation of "judicium Dei," or "judgment of God," it being supposed that supernatural intervention would rescue an innocent person from the danger of physical harm to which he was exposed in this species of trial. The ordeal was of two sorts,—either fire ordeal or water ordeal; the former being confined to persens of higher rank, the latter to the common people. 4 Bl. Comm. 342.

— Fire ordeal. The ordeal by fire or red-hot iron, which was performed either by taking up in the hand a piece of red-hot iron, of one, two, or three pounds weight, or by walking barefoot and blindfolded over nine red-hot plowshares, laid lengthwise at unequal distances 4 Bl. Comm. 343; Cowell.

An ancient mode of trial by the judgment of God, — the accused handling hot iron, or plunging his arm into hot water, or the like, upon the theory that he would escape unhurt according as he was innocent or guilty, v. Fire ordeal; Water ordeal.

The most ancient species of trial, in Saxon and old English law, being peculiarly distinguished by the appellation ot “judicium Dei,” or judgment of God, it being supposed that supernatural intervention would rescue an innocent person from the danger of physical harm to which he was exposed in this species of trial. The ordeal was of two sorts,—either fire ordeal or water ordeal; the former being confined to persons of higher rank, the latter to the common people. 4 Bl. Comm. 842.

An old method of trial by the judgment or iron ordeal, where the accused took a in the hand, or stepped blindfold and ploughshares. The water ordeal, where he arm into boiling water, or was thrown into caped unhurt, or sank in the latter case, he campfight or dnellitm was also a sort of ordeal

or ORDEL. The most ancient species of trial, called also judicium Dei (the judgment of God), and based generally on the notion that God would interpose miraculously to vindicate the guiltless. This was of two sorts: Fire ordeal, which was performed either by taking up in the hand, unhurt, a piece of red-hot iron; or else by walking barefoot and blindfold over nine red-hot plowshares, laid lengthwise at unequal distances. If the party escaped being hurt, he was adjudged innocent; otherwise, he was condemned as guilty. Water ordeal, which was performed either by plunging the bare arm up to the elbow in boiling water, and escaping unhurt therefrom; or by casting the person suspected into a river or pond of cold water; and, if he floated therein without any action of swimming, it was deemed an evidence of his guilt; but, if he sunk, he was acquitted. Mozley & W. There were four sorts of ordeal: campfight, duellum, or combat; fire ordeal; hot-water ordeal; and cold-water ordeal.

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 plough shares; or were to carry burning irons in their hands; and accordingly as they escaped they were acquitted or )ter. In cold water, the parties suspected were adjudged innocent, if their bodies were not borne up by the water contrary to the course of nature; in hot water they were to put their bare arms or legs into scalding water, and if they came out unhurt, they were taken to be innocent of the crime. It was impiously supposed that God would, by the mere contrivance of man, be called upon to exercise his power in favour of the innocent. 4 Bl. Com. 342; 2 Am. Jur. 280...