In superstitious ages, when belief in the power of the law to adjust all
quarrels, to hold the balance equally between man and man, and to accord
to each one his rights, was less prevalent than it is at the present day,
disputants naturally resorted to other tribunals for the settlement of
their claims. A perfect system of law was impossible; what law existed was
arbitrarily administered, often for the benefit of the most powerful
litigant, and the claimant with only justice on his side often had the
mortification of seeing a verdict given against him. During the
development of a system of law-giving, when the accumulated experience of
humanity had not sufficed to produce perfection, man in his darkness, his
ignorance, and superstition, turned to the supernatural, and devised
certain ceremonies by which the judgment of God might be evoked to
demonstrate the guilt or innocence of the accused.
The antiquity of the ordeal, as it was called, cannot be measured. Such a
form of trial is found to have existed in the earliest ages, and even now
traces of it linger among savage tribes of the earth. In Africa especially
the ordeal is well known. During his travels among the negro tribes north
of the Zambesi, Dr. Livingstone encountered the curious practice of the
"mauvi," which consisted of making all the women of a tribe drink an
infusion of "goho," for the purpose of ascertaining which of them had
bewitched a particular man. The accused women were drawn up in a row
before the hut of the king, and the draught administered to them. Those
who were unable to retain the horrible decoction, and vomited, were
considered innocent of the charge: those who were purged were adjudged
guilty, and put to death by burning.
Public-domain text, read in full here on John Shaqi.
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