Superstition and Force: Essays on the Wager of Law, the Wager of Battle, the Ordeal, TortureLea, Henry Charles
History
Superstition and Force: Essays on the Wager of Law, the Wager of Battle, the Ordeal, Torture
Lea, Henry Charles
Ordeal; Torture; Wager of battle; Wager of law
These teachings, however, are too refined and sublimated for ordinary
human nature, and along-side of official Confucianism, Taoism and
Buddhism flourish with a wealth of legends and marvels that may fairly
rival the most exuberant fancies of Teutonic or Latin mediævalism. In
the popular mind, therefore, the divine interposition may perpetually
be expected to vindicate innocence and to punish crime, and moral
teaching to a great extent consists of histories illustrating this
belief in all its phases and in every possible contingency of
common-place life. Thus it is related that in A. D. 1626 the learned
Doctor Wang-i had two servants, one stupid and the other cunning. The
latter stole from his master a sum of money, and caused the blame to
fall upon his comrade, who was unable to justify himself. By way of
securing him, he was tied to a flagstaff, and his accuser was set to
watch him through the night. At midnight the flagstaff broke in twain
with a loud noise, the upper portion falling upon the guilty man and
killing him, while the innocent was left unhurt; and next morning,
when the effects of the dead man were examined, the stolen money was
found among them, thus completely establishing the innocence of his
intended victim.[823] Popular beliefs such as these naturally find
their expression in irregular judicial proceedings, in spite of the
strict materialism of the written law, and, at least in some parts of
China, a curious form of the ordeal of chance is employed in default
of testimony. If an injured husband surprises his wife _flagrante
delicto_ he is at liberty to slay the adulterous pair on the spot;
but he must then cut off their heads and carry them to the nearest
magistrate, before whom it is incumbent on him to prove his innocence
and demonstrate the truth of his story. As external evidence is not
often to be had in such cases, the usual mode of trial is to place the
heads in a large tub of water, which is violently stirred. The heads,
in revolving, naturally come together in the centre, when, if they meet
back to back, the victims are pronounced guiltless, and the husband is
punished as a murderer; but if they meet face to face, the truth of
his statement is accepted as demonstrated, he is gently bastinadoed to
teach him that wives should be more closely watched, and is presented
with a small sum of money wherewith to purchase another spouse.[824]
The cognate civilization of Japan yields even more readily to the
temptation of seeking from the Deity a solution of doubt. Anciently
there were in general use the judgments of God, so well known in
mediæval Europe, of the wager of battle and the ordeal of boiling
water, and the latter is still customarily employed among the Ainos, or
aborigines. Even yet two antagonists may be seen to plunge their hands
in scalding water, the one who suffers the most being convicted, while
the innocent is expected to escape with injuries so slight that they
will readily heal.[825]
Public-domain text, read in full here on John Shaqi.
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