Since ancient times, when the court case lacked evidence among different peoples had a tradition of trust "in God's hands," the right to charge or justify.Initial ways in which to administer "judgment of God" were ordeal - a variety of tests, the list of which is very large.On the basis of successful or not passed these tests the alleged offender, the judge handed down his sentence, which was considered the will of God.
concept ordeal
ordalium in Latin means "judgment."Accordingly, the ordeal - a method of trial conviction in many ancient and medieval states, based on the identification of truth through "God's judgment".Ordeal is a test that could be both a symbolic and physical.As a rule, their conduct was accompanied by complex religious rituals.
development practices ordeal
ordeal were initially bilateral - identical test subjected the accused and the accuser.A must have been swearing by those who had to pass the test.Later, in the Middle Ages, this method has grown into a one-sided test - which of the participants in the process had his place, the Court decided, most of all - the church.Ordeal were extremely popular in the affairs on charges of heresy.
Voluntary participation in the trial is often proclaimed position on which the ordeal.This, however, over time it became a formality.That party, which refused the test, swore wrong or the outcome is more affected physically, are lost.In addition, from the ordeal could be bought off, which provides a significant advantage in the trial for the rich.
ordeal among ancient peoples
"judgment of God" has existed since time immemorial.Thus, the oldest extant written sources on the history of law - the laws of Hammurabi - contains references to the testing of water at the charge of witchcraft.Anyone who has been charged, had to jump into the water.If the water is "hosted" the man, he shall be presumed innocent and to have survived him, was executed for a lie.
essence of "divine evidence" described in ancient Hindu laws of Manu.Under them the suspect implied oath and ordeal.This is explained by the fact that the criminal acts of the villain will not hide either from God or from his own conscience.In India, at different times, it was known from two to nine ordeal.Among them were such types of tests:
- weights (the accused were weighed twice during the short period of time, and if the second time his weight was less - he was considered justified);
- fire (the accused was required to overcome a certain distance, carrying in his hands, wrapped in the leaves of a certain family tree, a piece of red-hot iron, and do not get burns);
- water (the accused had to dive under the water and stay there as long as it takes another person to bring an arrow fired from the place where he dove);
- poison (the accused was supposed to drink the poison, and depending on what kind of impact that would have on his body after a certain time, the decision of guilty or not);
- holy water (the person supposed to drink the water that was used to wash the statue of the deity. If in a week or two, neither he nor his family did not get sick or become victims of any disaster, the charge removed from it);
- dice (the accused had to pull out of the jar one of two clay balls inside which is a symbolic image of a Truth or Lies).
In the states of ancient China gave the subject chew a handful of rice grains.It was believed that the guilty emotion dries the mouth and he spit out the seeds dry.
ordeal of the peoples of Europe
A Brief History of the right of European nations also contains many references to the practice of ordeal.The most common methods of completion "of God's judgment" was to test the boiling and cold water and a hot iron.
For the latter species was well known to ancient Germans.A common test them with a hot iron implied the need for the accused to walk on it or hold in your hand.After that, the burn was applied with a clean bandage fabric covered fat, which is removed after three days.On how well healed burns, it depended on whether the accused is acquitted.
in England walking on the iron was a peculiar feature: the subject was blindfolded walk through the field, which were laid out incandescent Ploughshares.
The Salic law also mentions the test of boiling water.From the accused was required to immerse the hand in a pot of boiling water.His guilt is also judged by the remaining injuries.
Polish truth contains information about the ordeal of cold water.The subject was associated in a certain way, that he was not able to swim;He is clinging to his belt rope with which he was not allowed to sink.Thereafter, the alleged offender immersed in water.If it had turned out to swim on their own, it was considered a proven fault.
In Russia, similar tests were not particularly popular.They resorted to only in cases when it came to serious crimes.Often, however, it took place during the legal fight - quite common in the Russian lands ordeal.This test was used and the peoples of Western Europe, but in Russia resorted to it so often that sometimes he does replaced witnesses.
The results of these tests were considered final, as "God's judgment" implies the highest court.
How long existed ordeal
Practice ordeal lasted for a long time (according to some sources - up to XIV, others - even to the middle of the XVIII century).In Europe, they were officially abolished the church in 1215.In fact, their significance was lost after the indictment was superseded inquisitorial process.Transformed into a compulsory element of the judicial process, without which a defendant can not be removed the charge, the court ordeal has lost its original meaning and was replaced by torture.
