Trial by Ordeal. Trial by ordeal was an ancient judicial practice by which the guilt or innocence of the accused was determined by subjecting them to a painful, or at least an unpleasant, usually dangerous experience. The test was one of life or death, and the proof of innocence was survival. In some cases, the accused was considered innocent if they escaped injury or if their injuries healed. In medieval Europe, like trial by combat, trial by ordeal, such as cruentation, was considered a judgement of God: a procedure based on the premise that God would help the innocent by performing a miracle on his 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-modern 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 ordael, has the meaning of judgment, verdict, from Proto-Germanic uzdailjam that which is dealt out. Priestly cooperation in trials by fire and water was forbidden by Pope Innocent III at the Fourth Lateran Council 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. Trial 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. Champions could be used by one or both parties in an individual versus individual dispute, and could represent the individual in a trial by an organization; an organization or state government by its nature had to be represented by a single combatant selected as champion, although there are numerous cases of high ranking nobility, state officials and even monarchs volunteering to serve as champion. Combat between groups of representatives was less common but still occurred. A notable case was that of Gero, Count of Alsleben, whose daughter married Siegfried II, Count of Stade. Ordeal by fire was one form of torture. The ordeal of fire typically required that the accused walk a certain distance, usually 9 feet or a certain number of paces, usually three, over red-hot ploughshares or holding a red-hot iron. Innocence was sometimes established by a complete lack of injury, but it was more common for the wound to be bandaged and re-examined three days later by a priest, who would pronounce that God had intervened to heal it, or that it was merely festering, in which case the suspect would be exiled or put to death. One famous story about the ordeal of ploughshares concerns Edward the Confessor's mother, Emma of Normandy. According to legend, she was accused of adultery with Bishop Aelfwine of Winchester, but proved her innocence by walking barefoot unharmed over burning ploughshares. During the First Crusade, the mystic Peter Bartholomew allegedly went through the ordeal by fire in 1099 by his own choice to disprove a charge that his claimed discovery of the Holy Lance was fraudulent. He died as a result of his injuries. Trial by ordeal was adopted in the 13th century by the Empire of Nicaea and the Despotate of Epirus; Michael Angold speculates this legal innovation was most likely through the numerous western mercenaries in Byzantine service both before and after 1204. It was used to prove the innocence of the accused in cases of treason and use of magic to affect the health of the emperor. The most famous case where this was employed was when Michael Palaiologos was accused of treason: he avoided enduring the red-iron by saying he would only hold it if the Metropolitan Phokas of Philadelphia could take the iron from the altar with his own hands and hand it to him. However, the Byzantines viewed trial of ordeal with disgust and considered it a barbarian innovation at odds with Byzantine law and ecclesiastical canons. Angold notes, Its abolition by Michael Palaiologos was universally acclaimed. In 1498, Dominican friar Girolamo Savonarola, the leader of a reform movement in Florence who claimed apocalyptic prophetic visions, attempted to prove the divine sanction of his mission by undergoing a trial by fire. The first of its kind for over 400 years, the trial was a fiasco for Savonarola, since a sudden rain doused the flames, canceling the event, and was taken by onlookers as a sign from God against him.
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