Trial by Ordeal, mid-10th century


The anonymous law known as Ordal [‘Ordeal’] concerns the infamous administering of trial by ordeal: by water and by fire. Textus Roffensis, ff. 32r-32v. Translated from Old English and edited by Dr Christopher Monk.


Transcription


32r (select folio number to open facsimile)



Dom Be haten isene, an[d] wætere.

And of þam ordale we be>be
dum, 7 þæs arcebiscopes, 7 ealra bisc>eæt nan
mann ne cume innon þære ciricean siððan
man þæt fyr inbyrð, þe man þæt ordal mid hæ-
tan sceal, buton se mæssepreost, 7 se ðe þar-
to gan sceal, 7 beo þær gemeten nygon fet,
of þam stacan to þære mearce, be þæs mannes
fotan þe þarto gæð.
7 gif hit þonne wæter
sy, hæte man hit oð hit hleope to wylme,
7 sy þæt alfæt isen, oððe æren, leaden oððe
læmen.
7 gif hit anfeald tyh[t]le sy, dufe
seo hand æfter þam stane, oð þa wriste.
7
gif hit þryfeald sy, oð þæne elbogan. 7 þon-
ne þæt ordal geara sy, þonne gan twegen menn


32v



inn of ægðre healfe, 7 beon hig anræde þæt
hit swa hat sy, swa we ær cwædon, 7 gan inn
emfela manna of ægðre healfe, 7 stande on
twa healfe þæs ordales andlang þære cy-
ricean, 7 þa beon ealle fæstende, 7 fram heo-
ra wife gehealdene þære nyhte, 7 sprænge
se mæssepreost halig wæter ofer hig ealle,
7 heora ælc abyrige þæs halig wæteres,
7 sylle heom eallu[m] cyssan boc, 7 cristes rode
tacn, 7 na bete nan man þæt fyr na læng>[e]< þon-
ne man þa halgunge onginne, ac licge þæt isen
uppan þam gledan, oð þæt þa æftemestan collan,
lecge hit man syððan uppan þam stapelan,
7 ne sy þær nan oðer spæc inne buton þæt
hig biddan god ælmihtig georne, þæt he þæt soðe-
ste geswytelie, 7 ga he to, 7 inseglige man
þa hand, 7 sete man ofer þæne þriddan dæg,
swa hwæðer, swa heo beo ful swa clæne bin-
nan þam insegle, 7 se þe þas lage abrece,
beo þæt ordal on him forad, 7 gilde þam
cyninge cxx scillinga to wite.



Translation

See Translation Notes


Judgement by hot iron or water

And with this ordeal, we are commanding the command of God and the archbishop and all bishops:

No one may come into the church – except the mass-priest and the one who shall undertake the ordeal1 – after the one who carries in the fire, who heats up the ordeal.

And, there, measure nine feet from the stake to the finish mark,2 according to the measure of the foot of the one who undertakes the ordeal.

And, then, if it be water, heat it until it rapidly boils; and the cooking pot may be iron or brazen, leaden or earthen. And if it be a single accusation, he should plunge his hand after the stone, as far as the wrist. And if it be threefold, up to his elbow.

And when the ordeal is prepared, then from each side two men go in;3 and they shall reach agreement that it be as hot as we first said; and let equally as many persons of either side go in and stand on both sides of the ordeal, along the church. And all should have fasted and should abstain from their wife for the night. And the mass-priest shall sprinkle holy water over them all; and each of them shall taste of the holy water; and he shall give them the book4 to kiss and make the sign of the cross of Christ.

And no one may strengthen nor lengthen the fire when once the hallowing5 commences; but lay the iron upon the coals until they die down. Put it afterwards upon the post, and there let not anyone speak within, except that he beseech God Almighty earnestly, so that He the truth may reveal.

And let the accused6 go forth; and seal his hand; and let it be determined over on the third day, whether it be foul or clean inside the seal.7 And whoever shall break this law, the ordeal on [account of] him shall be void, and he shall render the king 120 shillings as punishment.8



Footnotes


1 Literally, ‘the one who shall go thereto’; a similar phrase is used in the next paragraph.

2 i.e. the starting and finishing points the accused must walk between with the piece of hot iron in his hand.

3 i.e. from among the supporters of the defendant and plaintiff.

4 i.e. the Bible or a Gospel book.

5 or ‘sanctification’.

6 ‘him’.

7 It was determined if there was present any infection in the hand (e.g. visible puss): infection was the mark of the guilty; cleanness, the innocent.

8 The so-called ‘disobedience fine’: this seems to suggest that if the rules of the ordeal are not followed, then the ordeal is void and a fine must also be paid to the king.


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