Online Encyclopedia

Search over 40,000 articles from the original, classic Encyclopedia Britannica, 11th Edition.

ORDEAL (O.Eng. ordal, ordael, judgment)

Online Encyclopedia
Originally appearing in Volume V20, Page 175 of the 1911 Encyclopedia Britannica.
Spread the word: del.icio.us del.icio.us it!

See also:

ORDEAL (O.Eng. ordal, ordael, See also:judgment)  , a See also:term corresponding to See also:modern Ger . Urteil, but bearing the See also:special sense of the See also:medieval See also:Lat . Dei judicium, a miraculous decision as to the truth of an See also:accusation or claim . The word is adopted in the See also:late Lat. ordalium, Fr. ordalie . The See also:ordeal had existed for many ages before it was thus named in See also:Europe . In principle, and often in the very forms used, it belongs to See also:ancient culture, thence flourishing up to the medieval See also:European and modern See also:Asiatic levels, but dying out before modern See also:civilization . Some ordeals, which possibly represent See also:early stages of the practice, are simply magical, being processes of See also:divination turned to legal purpose . Thus in See also:Burma suits are still determined by See also:plaintiff and See also:defendant being each furnished with a See also:candle, equal in See also:size and both lighted at once—he whose candle outlasts the other being adjudged, amid the acclamations of his See also:friends, to have won his cause (Shway Yoe, The Burman, ii . 254) . Even quainter is a Dyak ordeal in See also:Borneo, where the two parties are represented by two See also:shell-See also:fish on a See also:plate, which are irritated by pouring on some See also:lime-juice, and the one first moving settles the See also:guilt or innocence (as has. been before arranged) of its owner (St See also:John, Forests of the Far See also:East, 1.89), The See also:administration of ordeals has been much in the hands of priests, and they are more often than not worked on a theological basis, the intervention of a deity being invoked and assumed to take See also:place even when the See also:process is in its nature one of symbolic magic .. For instance, an ancient See also:divining See also:instrument consisted of a See also:sieve held suspended by a See also:thread or by a pair of See also:shears with the points See also:stuck into its rim, and considered to move at the mention of the name to be discovered, &c . Thus girls consulted the " sieve-See also:witch " (KOO'KbvollavTCS) about lovers (Theocr., Idyll. iii .

31) . This coscinomancy served in the same way to discover a thief: when, with See also:

prayer to the gods for direction, the names of the suspected persons were called over to it (See also:Potter, See also:Greek Antiquities, i . 352) . When a suspended See also:hatchet was used in the same way to turn to the guilty, the process was called axinomancy . The sieve-ordeal remained popular in the See also:middle ages (see the description and picture in See also:Cornelius See also:Agrippa, De Occ . Phil.); it is mentioned in Hudibras (ii . 3): th' See also:oracle of sieve and shears That turns as certain as the See also:spheres." From this ancient ordeal is evidently derived the modern See also:Christian See also:form of the See also:key and See also:Bible, where a Psalter or Bible is suspended by a key tied in at See also:Psalm 1 . 18: " When See also:thou sawest a thief, then thou consentedst with him "; the See also:bow of the key being balanced on the fingers, and the names of those suspected. being called over, he or she at whose name the See also:book. turns or falls is the See also:culprit (see See also:Brand, Popular Antiquities, ed . See also:Bohn, in . 351) . One of the most remarkable See also:groups of divination passing into ordeals are those which See also:appeal to the See also:corpse itself for See also:discovery of its murderer . The See also:idea is rooted in that See also:primitive See also:state of mind which has not yet realized the full effect of See also:death, but regards the See also:body as still able to hear and See also:act .

Thus the natives of See also:

Australia will ask the dead See also:man carried on his bier of boughs, who bewitched him; if he has died by See also:witchcraft he will make the bier move See also:round, and if the sorcerer who killed him be See also:present a bough will See also:touch him (See also:Eyre, Australia, ii . 344) . That this is no isolated See also:fancy is shown by its recurrence among the negroes of See also:Africa, where, for instance, the corpse causes its bearers to dash against some one's See also:house, which accuses the owner of the See also:murder (J . L . See also:Wilson, Western Africa, p . 231; Waltz, ii . 193) . This somewhat resembles the well-known ordeal of the bier in Europe in the middle ages, which, however, seems founded on a different principle, the See also:imagination that a sympathetic See also:action of the See also:blood causes it to flow at the touch or neighbourhood of the murderer . Apparently the liquefaction of the blood which in certain cases takes place after death may have furnished the ground for this belief . On See also:Teutonic ground, this ordeal appears in the See also:Nibelungenlied, where the murdered Siegfried is laid on his bier, and See also:Hagen is called on to prove his innocence by going to the corpse, but at his approach the dead See also:chief's wounds bleed afresh . The typical instance in See also:English See also:history is the passage of See also:Matthew See also:Paris, that after See also:Henry II.'s death at See also:Chinon his son See also:Richard came to view the body, " Quo superveniente, confestim erupit sanguis ex naribus regis mortui; ac si indignaretur spiritus in adventu ejus, qui ejusdem mortis causa. esse credebatur, ut videretur sanguis clamare ad Deum." In See also:Shakespeare (See also:Rich . III., act 1, sc .

2) : " O gentlemen, see, see! dead Henry's wounds Open their congeal'd mouths, and bleed afresh!" At See also:

Hertford assizes (1628) the deposition was taken as to certain suspected murderers being required to touch the corpse, when the murdered woman thrust out the See also:ring See also:finger three times and it dropped blood on the grass (Brand, iii . 231); and there was a See also:case in the Scottish High See also:Court of See also:Justiciary as late as 1668 (T . F . Thiselton See also:Dyer, See also:Folklore of Shakespeare, p . 487) . See also:Durham Peasants, apparently remembering the old belief, still expect those who come to look at a corpse to touch it, in token that they See also:bear no See also:ill-will to the departed (W . See also:Henderson, Folklore of See also:Northern Counties, p . 57) . Certain ordeals are closely related to oaths, so that the two shade into one another . Let the curse which is to fall on the See also:oath-breaker take effect at once, it then becomes a sign condemning the swearer— in fact, an ordeal . Thus the drinking of See also:water on which a curse or magical See also:penalty has been laid is a See also:mere oath so See also:long as the See also:time of fulfilment is unfixed (see OATH) . But it becomes an ordeal when, as in Brahmanic See also:India, the accused drinks three handfuls of water in which a sacred See also:image has been dipped; if he is See also:innocent nothing happens, but if he is guilty sickness or misfortune will fall on him within one to three See also:weeks (for accounts of these and other See also:Hindu ordeals see All See also:Ibrahim See also:Khan in Asiatic Researches, i .

389, and Stenzler's See also:

summary in Z . D . At . G., vol. ix.) . The earliest See also:account of such an ordeal is in See also:Numbers v., which describes the mode of administering to a woman charged with unfaithfulness the See also:bitter water mixed with the dust of the See also:tabernacle See also:floor, with the curse laid on it to cause her belly to swell and her thigh to fall if guilty . See also:Ewald (Antiquities of See also:Israel, 236) regards the See also:draught as in itself harm-less, and the operation of this curse on the guilty as due to the See also:influence of the mind on the body . But the term " bitter " is applied to the water before it has been cursed, which suggests that it already contained some See also:drug, as in the See also:poison-water ordeal still in See also:constant use over a See also:great See also:part of Africa . Thus the red water of See also:Guinea is a decoction made by pounding in a wooden See also:mortar and steeping in water the inner bark of one of the n$imosas, producing a liquor like that of a tan-vat, astringent, narcotic, and when taken in sufficient quantity emetic . The accused, with See also:solemn ceremony and invocation, drinks freely of it; if it nauseates him and he throws it up he is triumphantly acquitted, but if he becomes dizzy he is guilty, and the See also:assembly fall on him, pelt him with stones and even See also:drag him over the rocks till he is dead . Here the result of the ordeal depends partly on the patient's constitution, but more on the sorcerer who can prepare the proper dose to prove either guilt or innocence . Among the various drugs used in different parts of Africa are the mbundu See also:root, the See also:Calabar See also:bean, the tangena See also:nut (Tanghinia veneniflua, a strong poison and emetic) . The sorcerers who administer this ordeal have in their hands a See also:power of inflicting or remitting judicial murder, giving them boundless influence (details in J .

Phoenix-squares

L . Wilson, Western Africa, pp . 225, 398; See also:

Burton, See also:Lake Regions of Central Africa, ii . 357; Bosman, " Guinea," in See also:Pinkerton's Voyages, xvi . 398, &c.) . The poison-ordeal is also known to Brahmanic See also:law, decoction of See also:aconite root being one of the poisons given, and the accused if not sickening being declared See also:free (Stenzler, l.c.) . Theoretically connected with the ordeal by cursed drink is that by cursed See also:food, which is, however, distinguished among this See also:black See also:catalogue by being sometimes an effectual means of discovering the truth . The ordeal by See also:bread and See also:cheese, practised in See also:Alexandria about the 2nd See also:century, was practically the same as that known to English law five to ten centuries later as the corsnaed or " trial slice " of consecrated bread and cheese which was administered from the See also:altar, withthe curse that if the accused were guilty See also:God would send the See also:angel See also:Gabriel to stop his See also:throat, that he might not be able to See also:swallow that bread and cheese . In fact, if guilty and not a hardened offender he was See also:apt to fail, dry-mouthed and choking through terror, to get it down . The remembrance of this ancient ordeal still lingers in the popular phrase, " May this See also:bit choke me if I See also:lie ! " In India the corresponding trial by See also:rice is prescribed in the old See also:laws to be done by suspected persons chewing the consecrated grains of rice and spitting them out, moist and untinged with blood, on a See also:banyan See also:leaf; this or the mere chewing and swallowing of a mouthful of rice-grains is often used even by the English as a means of detecting a thief . A classical mention of the ordeals by carrying hot See also:iron in the hands and by passing through the See also:fire is made more interesting by the See also:guards who offer to prove their innocence in this way offering further to take oath by the gods, which shows the intimate connexion between oaths and ordeals (Soph., See also:Ant .

264, see also Aeschyl., fr . 284) . i LEY S' groI4 or . Ka2 n &povs aipew xepoZv Kai AUp aapnELv, Kai BEOUS dpKwOpoTELY Td See also:

Aire Sp Q/O~at Aare r tvv€ & Ya Td racy/la 13ovXe6o-avrt /o i' E2p"yacrsskvue The passing through the fire is described in the Hindu codes of Yajnavalkya and others, and is an incident in Hindu See also:poetry, where in the Rdmayana the virtuous Sita thus proves her innocence to her jealous See also:husband Rama (Stenzler, p . 669; Pictet, Origines Indo-Europeennes, part ii. p . 457) . It was not less known to European law and See also:chronicle, as where Richardis, wife of See also:Charles the See also:Fat, proves her innocence by going into a fire clothed in a waxed shift, and is unhurt by the fire (See also:Grimm, Deutsche Rechtsalterthumer, p . 912) . Yet more minutely prescribed in the Hindu ordeal-books is the rite of carrying the glowing hot iron seven steps, into the seven or nine circles traced on the ground, the examination of the hands to see if they show traces of burning, and the binding them up in leaves . The See also:close See also:historical connexion of the Hindu ordeal laws with the old European is shown by the See also:correspondence of See also:minute details, as where in a Scandinavian law it is prescribed that the red-hot iron shall be carried nine steps (Grimm, op. cit., p . 918) . In Anglo-Saxon laws the iron to be carried was at first only one See also:pound See also:weight, but See also:Athelstan's law (in Ancient Laws and Institutes of See also:England, iv .

6) enacts that it be increased to weigh three pounds . Another form well known in old See also:

Germany and England was the walking barefoot over glowing ploughshares, generally nine . The law-codes of the early middle ages show this as an See also:ordinary criminal See also:procedure (see the two See also:works last referred to), but it is perhaps best remembered in two non-historical legends . The See also:German See also:queen Kunigunde, " haec dicens stupentibus et flentibus universis qui aderant, vomeres candentes nudo vestigio calcavit et sine adustionis molestia transiit ".(Vista Henrici, ap . Canisium, Vi . 387) . Queen Emma, See also:mother of See also:Edward the See also:Confessor, accused of familiarity with Alwyn See also:bishop of See also:Winchester, triumphantly purges herself and him by the help of St Swithin—each of the two thus acquitted giving nine manors to the See also:church of Winchester, in memory of the nine ploughshares, and the See also:king being corrected with stripes (John Bromton, see See also:Freeman's Norm . Conq., vol. ii . App.) . To See also:dip the See also:hand in boiling water or oil or melted See also:lead and take cut a See also:stone or ring is another ordeal of this class . The traveller may find some of these fiery trials still in use, or at least in See also:recent memory, in barbaric regions of Africa or further See also:Asia—the See also:negro plunging his See also:arm into the caldron of boiling oil, the Burman doing feats with melted lead, while the Bedouin will See also:settle a conflict of See also:evidence by the opposing witnesses licking a glowing hot-iron See also:spoon (See also:Burckhardt, Arabien, pp . 98, 233) .

This latter feat may be done with safety by any one, provided the iron be clean and thoroughly See also:

white hot, while if only red-hot it would touch and See also:burn the See also:tongue . Probably the administerers of the ordeal are aware of this, and of the possibility of dipping the hand in melted See also:metal; and there are stories of arts of protecting the skin (see the See also:recipe in Albertus See also:Magnus, De Mirabilibus) , though it is not known what can be really done beyond making it horny like a See also:smith's, which would serve as a See also:defence in stepping on hot coals, but not in serious trials like that of carrying a heavy red-hot iron . The fire-ordeals are still performed by mountebanks, who very likely keep up the same means of trickery which were in See also:official use when the accused was to be acquitted . The actual practice of the fire-ordeal contrasts shamefully with its theory, that the fire rather than harm the innocent restrained its natural action . Thus it stands in the Hindu See also:code of Manu (viii . 115): " He whom the See also:flame does not burn, whom the water does not See also:cast up, or whom no harm soon befals, is to be taken as truthful in his oath." The water-ordeal here referred to is that well known in Europe, where the accused is thrown See also:bound into the water, which receives him if innocent, but rejects him if guilty . The manner of carrying out this test is well explained in the directions given by See also:Archbishop See also:Hincmar in the 9th century: he who is let down into the water for trial is to be fastened by a rope, that he may not be in danger if the water receives him as innocent, but may be pulled out . In the later middle ages this ordeal by " See also:swimming " or " fleeting " became the most approved means of trying a suspected witch: she was stripped naked and See also:cross bound, the right thumb to the See also:left toe, and the left thumb to the right toe . In this state she was cast into a See also:pond or See also:river, in which it was thought impossible for her to sink (Brand iii . 21) . The cases of " See also:ducking " witches which have occurred in England within the last few years are remains of the ancient ordeal . If there is one thing that may be predicated of man in a state of nature it is that two disputants tend to fight out their See also:quarrel .

When in the warfare of Greeks and Trojans, of See also:

Jews and See also:Philistines, of See also:Vandals and Alamans, heroes come out from the two sides and their combat is taken to See also:mark the See also:powers of the opposing See also:war-gods and decide the victory, then the principle of the ordeal by See also:battle has been practically called in . Among striking instances of the Teutonic See also:custom which influenced the whole of medieval Europe may be cited the custom of the See also:Franks that the princes, if they could not quell the strife, had to fight it out between themselves, and Wipo's account of the quarrel between the Christian See also:Saxons and the See also:Pagan Slays as to which See also:broke the See also:peace, when both sides demanded of the See also:emperor that it should be settled by See also:duel, which was done by choosing a See also:champion on each See also:side, and the Christian See also:fell . The Scandinavian term " holmgang " refers to the See also:habit of fighting duels on an See also:island . A passage from old German law shows the single combat accepted as a See also:regular legal procedure: " If there be dispute concerning See also:fields, vineyards, or See also:money, that they avoid See also:perjury let two be chosen to fight, and decide the cause by duel " (Grimm, Rechtsaltert., p . 928) . In England, after the See also:Conquest, trial by combat superseded other legal ordeals, which were abolished in the time of Henry III . Among famous instances is that of Henry de See also:Essex, hereditary See also:standard-See also:bearer of England, who fled from a battle in See also:Wales, in 1158, threw from him the royal standard, and cried out that the king was slain . See also:Robert de See also:Montfort afterwards, accusing him of having done this with treasonable See also:intent, offered to prove his accusation by combat, and they fought in presence of Henry II. and his court, when Essex was defeated, but the king spared his See also:life, and, his See also:estate being confiscated, he became a See also:monk in See also:Reading See also:Abbey . A Iord often sent his man in his See also:stead to such combats, and priests and See also:women were ordinarily represented by champions . The See also:wager of battle died out so quietly in England without being legally abolished that in the court of king's See also:bench in 1818 it was claimed by a See also:person charged with murder, which led to its formal abolition (See also:Ashford v . See also:Thornton in Barnewall and Alderson 457; see details in H . C .

See also:

Lea, Superstition and Force, ii.) . A distinct connexion may, however, be traced between the legal duel 'and the illegal private duel, which has disappeared from England, but still flourishes in See also:France and Germany (see DUEL) . (E . B .

End of Article: ORDEAL (O.Eng. ordal, ordael, judgment)
[back]
ORCIN
[next]
ORDER

Additional information and Comments

There are no comments yet for this article.
» Add information or comments to this article.
Please link directly to this article:
Highlight the code below, right click and select "copy." Paste it into a website, email, or other HTML document.