Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1890-09-18
TRIAL BY ORDEAL.
AN CAD-TIA f FOLLY WHICH
Still EXISTS.
1t Prevails in Japan and Other ASH
attic Countries-How it Differs
There from the Former European
Methods.

attic Countries-HOW 1t Diners
There from the Former European
Methods.
In discussing the old-time trial by
ordeal, writer in a recent number Of
Chambers Journal gives many facts
about its survival to the present day that
that are not generally known. As Isaac
Disraeli, the father of the late Lord
] Beaconsfield, says: "Ordeals are the rude
laws of a barbarous people who have not
yet obtained written code, and are not
advanced enough in civilization to enter
into the refined inquiries, the subtle dis
tinctions, and elaborate Investigations
which court of law demands This is
especially true in the case of India at the
present day, where the same ordeals are
| practiced as were in use five or six cen
turtles ago. Thus, the guilt or innocence
of an accused person is still tested by his
liability 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 immersed, and
by various other forms which retain their
hold ON public veneration.n Prof.
Monier Williams, too, says that trial by
ordeal is recognized by the code Of Manu-,
and quotes the subjoined rules: ''Let
him cause man whose veraeity 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, among the many superstitious prac-
ices kept up, we are told how he goo
"a paper inscribed with certain cabal-
istic characters rolled up and swal-
lowed by an accused person, this being
supposed to give him no internal rest, il
guilty, until he confcsses. A similar
mode Of procedure was practiced by the
Siamcse, and, under a variety OF forms,
was prevalent in former years. With 1t,
too, we may compare the mouthful Of
rice taken by all Of a suspected house
hold 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.. Tyler. the peasants have
not forgotten the old formula: "Alay
this bit choke me if lielp
In Thibet a popular ordeal consists in
both plaintiff and defendant thrusting
their arms into caldron of boiling water
containing a black and white stone, vic
tory 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.. Lee re-
marks, exert powerful influence in re-
pressing 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 be-
fore the accused, when an attraction of |
the white line toward him indicates his
innocence, or an inclination of the black |
toward him pronounces his guilt" In |
Madagascar decoction of the nut of the /
Tangena deadly poison--is admins
tered to the accused. If ii acts as an |
emctic, this is considered proof of inno-
cence; but if it fail to do so, the guilt |
of the accused is confirmed.
Dr. Livingstone describes a similar or
deal as practieed 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
60 forth into the field and remain fast
ing, 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 considered inno-
cent; but those whom it purges are
pronounced guilt, and put to death by
burning
In England trial by ordeal existed
from very early period. When the
Anglo axons were unable to decide as
TO the guilt of an accused person, they
invariably resofted to this test, the law
that the accuser should swear
that he believed the accused to be guilty,
and that his oath should be supported
by number Of friends who swore to
their belief in his statement and to his
general truthfulness. Trials Of this kind,
however, were often fraudently conduct
ed. Thus, when William Rufus caused
forty Englishmen of good quality and
fortune TO be tried by the ordeal OF hot
iron, they all escaped unhurt and were
acquitted.
Then there was the ordeal known as
the ''corsned, . or morsel of excavation,
already alluded to, which consisted of a
piece of bread, weighing about an ounce,
being given to the accused person, that,
Il he were guilty, it might cause CON
Vulsions and paleness and find no pas /,
sage, but turn to health and nourishment
4 he were innocent The sudden and
fatal appeal to this trial by Goodwin,
Earl of Kent, in the year 1853, when ac-
used of the murder of Hlfred, the
brother of Edward the Confessor, ranks
lmong the most curious traditions of
English history.
Hallam relates that "a citizen of Lon
Ion was suspected of murder, having 8
allied in the ordeal of cold water, was I
hanged by order of Henry H., though '
he had offered five hundred marks to I