From ancient times, when there was a lack of evidence in a court case, different peoples had a tradition to entrust "in God's hands" the right to accuse or acquit. The original methods by which the "judgment of God" was carried out were ordeals - various trials, the list of which is very long. Based on whether the alleged criminal successfully passed these tests or not, his judges passed a sentence, which was considered the will of the Almighty.
Ordeal concept
In Latin, ordalium means "judgment". Accordingly, the ordeal is a method of accusatory trial in many ancient and medieval states, based on revealing the truth through "God's judgment." Ordeals were tests that could be both symbolic and physical. As a rule, their holding was accompanied by complex religious rituals.
Development of ordeal practice
Originallythe ordeals were two-sided - both the accused and the accuser were subjected to the same test. It was obligatory to take an oath by those who had to pass the test. Later, in the Middle Ages, this method developed into a one-sided test - which of the participants in the process had to pass it, was decided by the court, most often by the church. Ordeals were extremely popular in heresy cases.
Voluntary participation in the trial was often proclaimed the position on which the ordeal was based. This, however, has become a formality over time. The party that refused the test, swore incorrectly, or ended up more physically injured, was considered the loser. In addition, the ordeal could be bought off, which provided a significant advantage in the litigation for the rich.
Ordeals among ancient peoples
"The Judgment of God" has existed since time immemorial. Thus, the oldest written source on the history of law that has come down to us - the laws of Hammurabi - contains a mention of a water test when accused of witchcraft. Whoever was charged had to throw himself into the water. If the water "accepted" this person, then he was considered innocent, and the one who reported on him was executed for lying.
The essence of "divine evidence" is also described in the ancient Indian laws of Manu. Under them was meant the oath of the suspect and the ordeal. This was explained by the fact that the criminal acts of the villain will not be able to hide either from God or from his own conscience. In India, at different times, from two to nine ordeals were known. Among them were the following types of tests:
- scales (the accused was weighed twice in a short period of time, and if the second time his weight was less, he was considered justified);
- with fire (the accused had to overcome a certain distance, carrying in his palms wrapped with seven leaves of a certain tree, a piece of red-hot iron, and not get burned);
- water (the accused had to dive under the water and stay there for as long as it takes another person to bring an arrow fired from the place where he dived);
- poison (the accused was supposed to drink poison, and depending on what effect it would have on his body after a certain time, it was decided whether he was guilty or not);
- sacred water (a person was supposed to drink the water that was used to wash the statue of a deity. If within a week or two neither he nor his loved ones fell ill or became victims of any disaster, the charge was dropped from him);
- by lot (the accused had to draw one of the two clay balls from the jug, inside of which there was a symbolic image of either Truth or Falsehood).
In the states of ancient China, the test subject was given to chew a handful of rice grains. It was believed that the perpetrator's mouth would dry up from excitement, and he would spit out the grains dry.
Ordeals among the peoples of Europe
A brief history of the law of European peoples also contains many references tothe practice of ordeals. The most common methods of performing "God's judgment" were tests with boiling and cold water, as well as red-hot iron.
So, the last species was well known to the ancient Germans. The hot iron test, common among them, required the accused to walk on it or hold it in his hand. After that, a clean bandage of cloth covered with fat was applied to the burn site, which was removed after three days. How well the burns healed determined whether the accused would be acquitted.
In England, walking on iron had a peculiar feature: the test subject had to walk blindfolded across a field on which red-hot plowshares were laid out.
The Salic truth also mentions the boiling water test. The defendant was required to dip his hand into a pot of boiling water. His guilt was also judged by the remaining wounds.
Polish truth contains information about cold water ordeals. The subject was bound in a certain way so that he would not be able to swim; a rope clung to his belt, with which he was not allowed to drown. After that, the alleged offender was immersed in water. If at the same time he managed to swim out on his own, his guilt was considered proven.
In Russia, such tests were not particularly popular. They were resorted to only in those cases when it was a question of serious crimes. However, often in the process there was a judicial duel - a very common ordeal in Russian lands. This is a challengeit was also used by the peoples of Western Europe, but in Russia it was resorted to so often that sometimes it completely replaced the testimony of witnesses.
The results of such trials were considered final, since "God's judgment" was supposed to be the highest court.
How long have the ordeals been around
The practice of ordeals existed for quite a long time (according to some sources - until the 14th, others - even until the middle of the 18th century). In Europe they were officially abolished by the church in 1215. In essence, their significance was lost after the accusatory process was supplanted by the inquisitorial one. Having become a compulsory element of the trial, without which the accused could not be charged, the ordeal trial lost its original meaning and was replaced by torture.
