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
Springing from the same belief is the process used in Tahiti for
discovering the criminal in cases of theft. The priest, when applied
to, digs a hole in the clay floor of his hut, fills it with water, and
stands over it with a young plantain in his hand, while invoking his
god. The deity thereupon conducts the spirit of the thief over the
water, and his reflection is recognized by the priest.[833]
The races of the Indian archipelago are fully equipped with resources
of the same kind for settling doubtful cases. Among the Dyaks of Borneo
questions for which no other solution is apparent are settled by giving
to each litigant a lump of salt, which they drop simultaneously into
water, and he whose lump dissolves soonest is adjudged the loser; or
each takes a living shell and places it on a plate, when lime-juice
is squeezed over them, and the one whose shell first moves under this
gentle stimulant is declared the winner.[834]
In the Philippines there are various peculiar ordeals in use. A needle
is sometimes thrust into the scalp of two antagonists, and he from whom
the blood flows most profusely is adjudged the loser; or two chickens
are roasted to death and then opened, and the owner of the one which is
found to have the largest liver is defeated.[835]
The black Australioid Khonds of the hill districts of Orissa confirm
the universality of these practices by customs peculiar to themselves
which may be assumed as handed down by tradition from prehistoric
times. Not only do they constantly employ the ordeals of boiling water
and oil and red-hot iron, which they may have borrowed from their
Hindu neighbors, but they administer judicial oaths with imprecations
that are decidedly of the character of ordeals. Thus an oath is
taken on a tiger’s skin with an invocation of destruction from that
animal upon the perjured; or upon a lizard’s skin whose scaliness is
invited upon him who may forswear himself; or over an ant-hill with
an imprecation that he who swears falsely may be reduced to powder. A
more characteristic ordeal is that used in litigation concerning land,
when a portion of earth from the disputed possession is swallowed by
each claimant in the belief that it will destroy him whose pretensions
are false. On very solemn occasions a sheep is killed in the name of
Tari Pennu, the dreadful earth-goddess: rice is then moistened with its
blood, and this is administered, in the full conviction that she will
slay the rash litigant who insults her power by perjury.[836]
Public-domain text, read in full here on John Shaqi.
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