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