Trial.

1. TRials are by one of these three ways; by Confession, or by De∣murrer; that is, confessing the Fact, but denying it to be that, wherewith a Man is charged. For Example, denying it to be Treason, if a Man be charged with Treason; or by a Jury.

2. Ordalium was a Trial; and was ei∣ther by going over nine red hot Plough-Shares, (as in the Case of Queen Em∣ma, accus’d for lying with the Bishop of Winchester, over which she being led blindfold; and having pass’d all her Irons, ask’d when she should come to her Tri∣al;) or ’twas by taking a red-hot Coul∣ter in a Man’s Hand, and carrying it so many Steps, and then casting it from him. As soon as this was done, the Hands or the Feet were to be bound up, and certain Charms to be said, and a Day or two after to be open’d; if the parts were whole, the Party was judg’d to be Innocent; and so on the contrary.

3. The Rack is us’d no where as in England: In other Countries ’tis used in Judicature, when there is a Semiplena pro∣batio, a half Proof against a Man; then to see if they can make it full, they rack him if he will not confess. But here in England they take a Man and rack him, I do not know why, nor when; not in time of Judicature, but when some Body bids.

4. Some Men before they come to their Trial, are cozen’d to Confess upon Exa∣mination: Upon this Trick, they are made to believe some Body has confes∣sed before them; and then they think it a piece of Honour to be clear and in∣genious, and that destroys them.