OR D EAL. 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 according ly as they escaped or not they were acquitted or condemned. The water ordeal was per formed either in hot or cold water. In cold water, the parties suspected were adjudged innocent if their bodies were not borne up by the water contrary to the course of na ture; and if after putting their bare arms or legs into scalding water they came out un hurt, 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. 529, 4 Sup. Ct. 111, 292, 28 L. Ed. 232.
It is said to have opened the door to cor ruption, and that convictions were hard to get. It was condemned by the Lateran Coun cil of 1215 and prohibited in England by writ addressed to certain itinerant justices in 1219. 1 Holdsw. Hist. E. L. 143.
-For a detailed account of the trial by or deal, 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 institu tion. Pollock, Sel. Essays in Anglo-Amer. L. Hist. 93.