Page:The Green Bag (1889–1914), Volume 02.pdf/385

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The Green Bag.

to Eastern countries, where, owing to the slow advance of civilization, many of their institutions still retain their primitive form. Indeed, as Mr. Isaac Disraeli remarks, " or deals are the rude laws of a barbarous people who have not yet obtained a written code, and are not advanced enough in civilization to enter into the refined inquiries, the subtle distinctions, and elaborate investigations which a court of law demands." This is especially true in the case of India at the present day, where the same ordeals are prac tised as were in use five or six centuries ago. Thus, the guilt or innocence of an accused person is still tested by his " ability to carry red-hot iron, to plunge his hand unhurt in boiling oil, to pass through fire, to remain under water, to swallow consecrated rice, to drink water in which an idol has been im mersed, and by various other forms which retain their hold on public veneration." Prof. Monier Williams, too, says that trial by ordeal is recognized by the code of Manu, and quotes the subjoined rules : " Let him cause a man [whose veracity is doubted] to take hold of fire, or dive under water, or touch the hands of his wife and sons, one by one. The man whom the flaming fire burns not and water forces not up, and who suffers no harm, must be instantly held innocent of perjury." In Japan ordeals extensively prevail; and amongst the many superstitious practices kept up, we are told how the "goo" — a paper inscribed with certain cabalistic char acters — is rolled up and swallowed by an accused person, this being commonly sup posed to give him no internal rest, if guilty, until he confesses. A similar mode of procedure is practised by the Siamese, and un der a variety of forms was prevalent in former years. With it, too, we may com pare the mouthful of rice taken by all of a suspected household in India, which the thiefs nervous fear often prevents him from swallowing. Formerly this practice was observed in England with the corsned or trial-slice of

consecrated bread or cheese. Even now, says Mr. Tylor, peasants have not forgotten the old formula: "May this bit choke me if I lie!" In Thibet a popular ordeal consists in both plaintiff and defendant thrusting their arms into a caldron of boiling water contain ing a black and white stone, victory being assigned to the one who is fortunate enough to obtain the white. Such an even-handed mode of procedure, if generally used, must, as Mr. Lea remarks, " exert a powerful influ ence in repressing litigation." Among further curious specimens of ordeal trial mentioned by this author may be noticed those in use in certain parts of Africa. Thus the Kalabarese draw a white and black line on the skull of a chimpanzee, which is then held up before the accused, "when an attraction of the white line tov/ards him indicates his innocence, or an inclination of the black to wards him pronounces his guilt." In Mada gascar a decoction of the nut of the Tangena — a deadly poison — is administered to the accused. If it acts as an emetic, this is con sidered a proof of innocence; but if it fail to do so, the guilt of the accused is con firmed. Dr. Livingstone describes a similar ordeal as practised in Africa, and tells us how, " when a man suspects that any of his wives have bewitched him, he sends for the witch-doctor, and all the wives go forth into the field and remain fasting, till that person has made an infusion of the plant called 'foho.' They all drink it, each one holding up her hand to heaven in attestation of her innocence. Those who vomit are consid ered innocent; but those whom it purges are pronounced guilty, and put to death by burning." In England trial by ordeal existed from a very early period. When the Anglo-Saxons were unable to decide as to the guilt of an accused person, they invariably esorted to this test, the law requiring that the accuser should swear that he believed the accused to be guilty, and that his oath should be sup ported by a number of friends who swore to