732 
9 
O 11 D 
ately examined, but wrapped in a cloth prepared for that 
purpofe three days. May we not then, from all fhefe pre¬ 
cautions, fufpedl that thefe priefts were in pofieffion of 
fome fecret that fecured the hand from the impreffions 
tuch a momentary touch of hot iron, or removed all ap¬ 
pearance of thefe impreffions in three days ; and that they 
made life of this fecret when they faw reafon ? Such 
readers as are curious in matters of this kind, may find 
two different diredtions for making ointments that will 
have this eft'edt, in the work here quoted. What greatly 
ffrengthens thefe fufpicions is, that we meet with no ex¬ 
ample of any champion of the church who fuffered the 
lealt injury from the touch of hot iron in this ordeal: 
but, when any one was fo fool-hardy as to appeal to it, or 
to that of hot water, with a view to deprive the church 
of any of her poffefiions, he never failed'to burn la is fin¬ 
gers, and lofe his caufe.” See Mofiieim, vol. ii. Mura- 
tori Antiq. Wilkins’s Leg. Sax. Ducange’s doff. Bra¬ 
dy’s Clavis Calendaria, vol. ii. 
V. The Judicial Combat, in which it was fuppofed 
that Heaven would interfere, and give the palm of victory 
to him who had juft reafon of complaint, was another 
very ancient ordeal ; as to which, fee Battel, vol. ii. 
William the Conqueror introduced it into this country ; 
and the ceremony of the champion, ftill retained at the 
coronation of our monarchs, may juftly be deemed a 
remnant of this chivalrous appeal to the fword. Thus, 
as the trials by the crofs were for freemen, or thofe 
in the middle claffes of the community, though originally 
for the clergy; and thofe by fire and water, for the com¬ 
monalty j this, by the fword, was inftituted for the barons, 
knights, and others of rank. 
As the trial by battle had been in abfolute difufe for 
200 years, it was by many confidered as entirely obfolete, 
and that it never would again be claimed ; or, if claimed, 
not allowed. But an inltance has lately occurred, in 
which it was both claimed and allowed. 
On the 27th of May, 1817, Mary Aftiford, a beautiful 
young woman, the daughter of a peafant at Erdington 
in Warwickfhire, having been found dead, and to all ap¬ 
pearance murdered after having been ravifhed, Abraham 
Thornton, a bricklayer, then refiding in the neighbour¬ 
hood, and the lalt perfon feen in her company, was in¬ 
dicted for the murder at the fummer affifesfor the county 
of Warwick; when, after a trial of twelve hours and a 
half, he was acquitted. In the Michaelmas term follow¬ 
ing, William Afhford, the eldeft brother and heir of the 
deceafed, appealed Thornton of the murder of his filter. 
In the Court of King’s Bench, Nov. 17, Thornton was 
put to the bar. To the charge he pleaded “Not guilty, 
and I am ready to defend the fame by my body 5” and 
immediately threw down his glove as a gage of battle. 
On the 2zd, Afhford putin his counter-plea, alleging that 
there were circumltances which induced the moll violent 
prefumption of Thornton’s guilt; in which dale the law 
is, that the perfon appealed againlt is not to be permitted 
£0 wage battle, but mult be tried “ by his country.” To 
this counter-plea Thornton replied , in Hilary term fol¬ 
lowing, (Jan. 24, 1818.) Hating all the fadts in his favour 
which were proved at the trial; then fetting out the in¬ 
dictment and acquittal; and concluding with an aver¬ 
ment, that thefe matters furnilhed ftronger prefumptions 
of his innocence than the faCts Hated on the other .fide 
afforded of his guilt ; and perfilting in his plea that he 
might be permitted to wage battle with the appellant. 
On the 29th, Alhford put in an anfwer to the replication, 
Hating the infufficiency of the replication to jultify the 
demand of wager of battle, and craving the judgment 
of the court againlt that demand. Prifoner’s counfel 
joined iItue on this demurrer, which was argued on the 
6th of February, and occupied the attention of the court 
on that and the following day. In Eafter term, (Apr. 16.) 
after farther argument, the court agreed in opinion, 
“ that the law gave the defendant aright to his wager of 
battle.” Leave was given to the appellant till the 20th 
0 Tl D 
to confider what courfe he would adopt. On Monday 
the 20th, therefore, the cafe was finally decided : Appel¬ 
lant’s counfel faid, “ he had nothing to pray of the court, 
as the appellant did not feel himfelf juftified in accepting 
the challenge.” Lord Ellenborough, C. J. then pro¬ 
nounced the judgment of the court, that “ the defen¬ 
dant be difeharged front this plea, and that he be fuffered 
to go at large without a day.” Thornton was immedi¬ 
ately difeharged. 
In confequence of the above decifion, the attention of 
the legiflature was turned to the abrogation of this bar¬ 
barous ordeal by fingle combat. A bill was foon after 
brought in by-the attorney-general, “To abolifh appeals 
of murder, treafon, felony, or other offences ; and wager 
of battel, or joining iffue and trial by battel, in writs of 
right.” It palled into a law in the following feffion, 59 
Geo. III. c. 46. and received the royal affent on the 26th 
of June, 1819. 
Every one knows, that in this country, when a pri- 
foner is brought to the bar, as a criminal, he is afked, 
“ How will you be tried?” This was anciently a very 
pertinent queftion, becaufe there was a choice of feveral 
ways of trial; viz. by battle, ordeal, and by jury. If the 
criminal anfwered, “ By God and my country,” it fhowed 
he made choice to be tried by a jury. But there is now 
no other way of trial; therefore the queftion is manifeftly 
abfurd, and ought to be difpenfed with. 
OR'DEFF, or Ordelfe,/! [an old word.] A bed of 
ore lying under ground ; the right which a man had to 
the ore found in his own ground. Phillips. 
OR'DEL, a fmall ifland in the Eaftern Indian Sea, near 
the fouth-eaft coaft of Giiolo. Lat. o. 53.S. Ion. 128. 
25. E. 
OR'DENBACH, a river of the grand duchy of Berg, 
which runs into the Rhine two miles below Zons. 
OR / DER,y. [orr/o, Lat. ordre, Fr.] Method; regular 
difpofition.—To know the true Hate of Solomon’s houfe, I 
will keep this order; I will fet forth the end of our foun¬ 
dation, the inftruments of our works, the feveral em¬ 
ployments affigned, and the ordinances we obferve. Ba¬ 
con's New Atlantis. —As St. Paul was full of the dodtrine 
of the gofpel, fo it lay all clear and in order, open to his 
view. Locke. —Eftablilhed procefs.—The moderator, when 
either of the difputants breaks the rules, may interpofe 
to keep them to order. Watts. —Proper ftate.—Any of the 
faculties wanting, or out of order, produce fuitable de- 
fedts in men’s underftandings. Locke.— Regularity; fet¬ 
tled mode. — Kings are the fathers of their country; 
but, unlefs they keep their own eftates, they are fuch 
fathers as the fons maintain, which is againlt the order of 
nature. Duvenant. 
This order with her forrow Hie accords, 
Which orderlefs all form of order brake. Daniel. 
Mandate; precept; command.— Upon this new fright, 
an order was made by both houfes for dilarming all the 
papills in England ; upon which, and the like orders, 
though leldom any thing was after done, yet it lerved to 
keep up the apprehenlions in the people of dangers and 
defigns, and to difincline them from any reverence or af- 
fedtion to the queen. Clarendon. —When Clirfitians be¬ 
came a dillindt body, courts were fet up by the order of 
the apoftles themfelves, to minilter judicial procefs. Ket- 
tleworth. 
Give order to my fervants, that they take 
No note of our being abfent. Skaliefpeare. 
A deed or writing, diredting the payment of money.—I 
have received an order, under your hand, for a thoufand 
pounds, in words at length. Tatler. —Rule ; regulation.— 
The church hath authority to eltablifii that for an order 
at one time, which at another time it may abolilh, and in 
both do well. Hooker. —Cuftom : 
Thereto they ufde one molt accurfed order, 
To eate the tlelli of men. Spenfer. 
Regular 
