Trial by ordeal

Trial by ordeal was an ancient judicial practice by which the guilt or innocence of the accused (called a "proband") was determined by subjecting them to a painful, or at least an unpleasant, usually dangerous experience.

In medieval Europe, like trial by combat, trial by ordeal, such as cruentation, was sometimes considered a "judgement of God" (Latin: jūdicium Deī, Old English: Godes dōm): a procedure based on the premise that God would help the innocent by performing a miracle on their behalf. The practice has much earlier roots, attested to as far back as the Code of Hammurabi and the Code of Ur-Nammu.

In pre-industrial society, the ordeal typically ranked along with the oath and witness accounts as the central means by which to reach a judicial verdict. Indeed, the term ordeal, Old English ordǣl, has the meaning of "judgment, verdict" from Proto-West Germanic uʀdailī (see German: Urteil, Dutch: oordeel), ultimately from Proto-Germanic *uzdailiją "that which is dealt out".

Priestly cooperation in trials by fire and water was forbidden by Pope Innocent III at the Fourth Council of the Lateran of 1215 and replaced by compurgation. Trials by ordeal became rarer over the Late Middle Ages, but the practice was not discontinued until the 16th century. Certain trials by ordeal would continue to be used into the 17th century in witch-hunts.

Types of ordeals

By combat

Ordeal by combat took place between two parties in a dispute, either two individuals, or between an individual and a government or other organization. They, or, under certain conditions, a designated "champion" acting on their behalf, would fight, and the loser of the fight or the party represented by the losing champion was deemed guilty or liable.