Since ancient times, when there was a lack of evidence in the court case, there was a tradition among different nations to entrust the right to blame or justify “in God's hands”. The original ways in which the "judgment of God" was administered were the hordes — a variety of trials, the list of which is very long. Based on whether the alleged offender passed these tests successfully or not, his judges passed a sentence that was considered the will of the Almighty.
The concept of the horde
In Latin, ordalium means "sentence." Accordingly, Ordalia is a method of indictment in many ancient and medieval states, based on the identification of truth through the "Divine Judgment." Ordals were tests that could be both symbolic and physical in nature. As a rule, their conduct was accompanied by complex religious rituals.
The development of the practice of hordes
Initially, the hordes were two-sided - both the accused and the prosecutor were subjected to the same test. Mandatory was the oath by those who were to pass the test. Later, in the Middle Ages, this method grew into a one-sided test - which of the participants in the process had to pass it, the court decided, most often the church. Ordals were extremely popular in cases of heresy.
Voluntary participation in the trial was often proclaimed the position on which the Ordalia was based. This, however, over time has become a formality. The party that refused the test, swore an oath incorrectly or ended up being more physically injured, was considered a loser. In addition, it was possible to pay off the horde, which provided a significant advantage in the lawsuit for the rich.
Ancient Ordals
The “Judgment of God” has existed since time immemorial. So, the oldest written source on the history of law that has come down to us - the laws of Hammurabi - contains a reference to a water test when accused of witchcraft. The one who was charged should have dived into the water. If the water "took" this person, then he was considered innocent, and the one who reported on him was executed for lying.
The essence of "divine testimonies" is also described in the ancient Indian laws of Manu. By them was meant the oath of the suspect and the Ordalia. This was due to the fact that the criminal acts of the villain will not succeed in sheltering either from God or from his own conscience. In India, at different times from two to nine hordes were known. Among them were the following types of tests:
- weights (the accused was weighed twice in a short period of time, and if for the second time his weight was less - he was considered justified);
- fire (the defendant was required to overcome a certain distance, carrying in his palms wrapped in seven leaves of a certain tree, a piece of hot iron, and at the same time not get burns);
- water (the defendant had to dive under the water and stay there as long as another person needed to bring an arrow fired from the place where he dived);
- poison (the accused was supposed to drink poison, and depending on what effect he would have on his body after a certain time, a decision was made whether he was guilty or not);
- sacred water (a person was supposed to drink the water that was used to wash the statue of the deity. If within a week or two neither he nor his relatives get sick or become victims of any disaster, the charge was dropped from him);
- by lot (the accused was to draw one of two clay balls from the jug, inside which was a symbolic image of either Truth or Falsehood).
In the states of ancient China, the subject was allowed to chew a handful of rice grains. It was believed that the guilty person will dry out of his mouth from excitement, and he will spit out the grains dry.
Ordals among the peoples of Europe
A brief history of the law of European peoples also contains many references to the practice of hordes. The most common ways to complete the "Divine Judgment" were tests of boiling and cold water, as well as hot iron.
So, the latter species was well known to the ancient Germans. The red-hot iron test, which was widespread among them, suggested that the accused should walk on it or hold it in his hand. After that, a clean dressing of cloth covered with fat was applied to the burn site, which was removed after three days. It depends on how well the burns healed, whether the accused would be acquitted.
In England, iron walking had a peculiar feature: the subject had to blindfolded walk through a field on which incandescent plowshares of plows were laid out.
The Salic truth also mentions the test of boiling water. The defendant was required to immerse his hand in a pot of boiling water. His guilt was also judged by the remaining wounds.
Polish truth contains information about cold water hordes. The subject was tied in a certain way so that he was not able to swim; a rope clung to his belt, with the help of which he was not allowed to drown. After this, 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 resorted to only in those cases when it came to serious crimes. However, often in the process there was a judicial duel - a very common Ordalia on Russian lands. This test was used by the peoples of Western Europe, but in Russia they resorted to it so often that sometimes it completely replaced the testimonies of witnesses.
The results of such tests were considered final, since "God's judgment" was assumed by the highest court.
How long have the hordes existed?
The practice of hordes lasted quite a long time (according to some sources - until the XIV, others - even until the middle of the XVIII century). In Europe, they were officially abolished by the church in 1215. In essence, their significance was lost after the prosecution was supplanted by the Inquisition. Having become a coercive element of the trial, without which it was impossible to remove the accusation from the accused, the Ordali court lost its original meaning and was replaced by torture.