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
rice as evidence.[827] A system directly the reverse of all this is
found in Ashantee, where sickness in the ordeal is a sign of innocence,
and the _lex talionis_ is strictly observed. When evidence is
insufficient to support a charge, the accuser is made to take an oath
as to the truth of his accusation, and the defendant is then required
to chew a piece of _odum_ wood and drink a pitcher of water. If no
ill effects ensue, he is deemed guilty, and is put to death; while
if he becomes sick, he is acquitted and the accuser suffers in his
stead.[828]
Further to the east in the African continent, the Niam-Niam and the
neighboring tribes illustrate the endless variety of form of which
the ordeal is susceptible. These savages resort to various kinds of
divination which are equally employed as a guidance for the future
in all important undertakings, and as means to discover the guilt or
the innocence of those accused of crime. The principal of these is
the _borru_, in which two polished pieces of damma wood are rubbed
together, after being moistened with a few drops of water. If they
glide easily on each other the sign is favorable; if they adhere
together it is unfavorable. Life and death are also brought in play,
but vicarious victims are made the subject of experiment. Thus a
cock is taken and its head is repeatedly immersed in water until the
creature is rigid and insensible; if it recovers, the indication is
favorable, if it dies, adverse. Or an oil extracted from the bengye
wood is administered to a hen, and the same conclusions are drawn from
its survival or death.[829]
The Somali of Ethiopia employ the ordeals of red-hot iron and boiling
water or oil in virtually the same form as we shall see them used in
India and Europe, examining the hand of the accused after twenty-four
hours to determine his guilt from its condition.[830]
In Madagascar the poison ordeal is customarily administered, with a
decoction of the deadly nut of the Tangena (_Tanghinia venenifera_).
One of the modes of its application is evidently based on the same
theory as the ordeal of red water and rice, to which it bears a notable
resemblance. A fowl is boiled, and three pieces of its skin are placed
in the broth. Then a cupful of the decoction of the Tangena nut is
given to the accused, followed by the same quantity of the broth, with
the pieces of skin. Unless the poison speedily causes vomiting, it
soon kills the patient, which is a satisfactory proof of his guilt.
If vomiting ensues, it is kept up by repeated doses of the broth
and warm water, and if the bits of skin are ejected the accused is
declared innocent; but if they are retained he is deemed convicted
and is summarily despatched with another bowl of the poison. In the
persecutions of 1836 and 1849 directed against the Malagasy Christians,
many of the converts were tried with the Tangena nut, and numbers of
them perished.[831] The ordeals of red-hot iron and boiling water are
also used.[832]
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