proper object of the ordeal is then to give reality to the imprecation for the purpose of establishing the validity or invalidity of the suspicion.

Thus in West Africa the common ordeal which consists in drinking a certain draught or "eating the fetish" is regularly accompanied by an oath or a curse.1 In the Calabar the accused person, before swallowing the ju-ju drink mbiam, which is made of filth and blood, recites an oath beginning with the words, "If I have been guilty of this crime," and ending with the words, "Then, Mbiam, Thou deal with me!" And whenever this ordeal is used the greatest care is taken that the oath shall be recited in full.2 Of the Negroes of the Gold Coast Bosman states that "if any person is suspected of thievery, and the indictment is not clearly made out, he is obliged to clear himself by drinking the oath-draught, and to use the imprecation, that the Fetiche may kill him if he be guilty of thievery." In Ashantee," when any one denies a theft, an aggry bead is placed in a small vessel, with some water, the person holding it puts his right foot against the right foot of the accused, who invokes the power of the bead to kill him if he is guilty, and then takes it into his mouth with a little of the water."4 Among the Negroes of Northern Guinea, in the case of the "red-water ordeal," the accused "invokes the name of God three times, and imprecates his wrath in case he is guilty of the particular crime laid to his charge." He then steps forward and drinks freely of the "red-water "—that is, a decoction made from the inner bark of a tree of the mimosa family. If it nauseates and

3

makes him vomit freely, he is at once pronounced innocent, whereas, if it causes vertigo and he loses self-control, it is regarded as evidence of guilt.5 According to an old account, the Negroes of Sierra Leone have a "water of cursing," boiled of barks and herbs. The witch-doctor puts his divining-staff into the pot and drops or presses the water out of it upon the arm or leg of the suspected person, muttering over it these words :-"Is he guilty of this, or hath he done this or that; if yea, then let it scald or burn him, till the very skin come off." If the person remains unhurt they hold him innocent, and proceed to

1 See, besides the references below, Monrad, Skildring af Guinea-Kysten, p. 35 sq. (Negroes of Accra); Beecham, Ashantee, p. 215 sqq.; Ratzel, op. cit. iii. 130.

2 Kingsley, Travels in West Africa,

P. 465.

3 Bosman, op. cit. p. 125.
Bowdich, Mission to Ashantee, p.
5 Wilson, Western Africa, p. 225

267.

sq.

the trial of another, till the guilty is discovered.1 Among the Wadchagga of Eastern Africa the medicine-man gives to the accused a poisonous draught with the words, "If you fall down, you have committed the crime and told a lie, if you remain standing we recognise that you have spoken the truth." 2

Among the Hawaiians, in the ordeal called wai haalulu, "prayer was offered by the priest" while a large dish of water was placed before the culprit, who was required to hold his hands over the fluid; and if it shook, his fate was sealed.3 Among the Tinguianes in the district of El Abra in Luzon, if a man is accused of a crime and denies it, the headman of the village, who is also the judge, causes a handful of straw to be burned in his presence. The accused then holds up an earthen pot and says, "May my belly be changed to a pot like this if I am guilty of the crime of which I am accused." If he remains unchanged in body, the judge declares him innocent. The following ordeal is in use among the Tunguses of Siberia. A fire is made and a scaffold erected near the hut of the accused. A dog's throat is then cut and the blood received in a vessel. The body is put on the wood of the fire, but in such a position that it does not burn. The accused passes over the fire, and drinks two mouthfuls of the blood, the rest whereof is thrown into the fire; and the body of the dog is placed on the scaffold. Then the accused says:-"As the dog's blood burns in the fire, so may what I have drunk burn in my body; and as the dog put on the scaffold will be consumed, so may I be consumed at the same time if I be guilty."5

The "trial of jealousy" mentioned in the Old Testament involved a curse pronounced by the priest to the effect that the holy water which the woman suspected of adultery had to drink should cause her belly to swell and her thigh to rot. In India the ordeal was expressly regarded as a form of the oath, the same word, sapatha, being used to denote both. We have seen above that in the Middle Ages every judicial combat was necessarily preceded by an oath, which essentially decided the issue of the fight and the question of guilt. So also at the moment when the hot iron was raised and the accused took

1 Dapper, Africa, p. 405.

2 Volkens, Der Kilimandscharo, p. 249.

3 Jarves, History of the Hawaiian Islands, p. 20.

Lala, Philippine Islands, p. 100. 5 Hartland, Legend of Perseus, ii. 8559.

VOL. II

6 Numbers, v. 20 sqq.

7 Jolly, Beiträge zur indischen Rechtsgeschichte,' in Zeitschr. d. Deutschen Morgenländischen Gesellsch. xliv. 346. Oldenberg, Die Religion des Veda, p. 510, n. 1. See also Patetta, Le ordalie, p. 14. 8 Supra, i. 505.

Y Y

it into his hand, the Deity was invoked to manifest the truth.1 The ordeal of the Eucharist involved the following formula recited by the victim :-"Et si aliter est quam dixi et juravi, tunc hoc Domini nostri Jesu Christi corpus non pertranseat gutur meum, sed hæreat in faucibus meis, strangulet me suffocet me ac interficiat me statim in momento." 2

To the list of ordeals which contain an oath or a curse as their governing element many other instances might probably be added in which no imprecation has been expressly mentioned by our authorities in their short descriptions of the ceremonies. This is all the more likely to be the case as magical practices often imply imprecations which are not formally expressed. But there may also be ordeals which have a different origin. Thus the custom of swimming witches seems to have arisen from the notion that everything unholy is repelled by water and unable to sink into its depths; and the ordeal of touching the corpse of a murdered person no doubt originated in the belief that the soul of such a person lingered about the body until appeased by the shedding of the murderer's blood and that "by the murderer's approach, and especially by his polluted touch, the soul was excited to an instant manifestation of its indignation, by appearing in the form in which it was supposed to subsist, viz. in that of blood." 5 However, even though all ordeals have not the same foundation, it seems highly improbable that any people, in the first instance, resorted to this method of discovering innocence and guilt from a belief in a god who is by his nature a guardian of truth and justice.

Nor must we make any inference as to the moral character of gods from the mere prevalence of a belief in

1 Beames, in his Translation of Glanville, p. 351 sq.

2 Dahn, op. cit. ii. 16.

3 See, for instance, Westermarck, 'L-'ar, or the Transference of Conditional Curses in Morocco,' in Anthropological Essays presented to E. B. Tylor, p. 361 sqq.

4 Binsfeldius, Tractatus de confes

sionibus maleficorum et sagarum, p. 315. In the North-East of Scotland it was believed that, if a person committed suicide by drowning, the body did not sink, but floated on the surface (Gregor, Folk-Lore of the North-East of Scotland, p. 208).

Pitcairn, Criminal Trials in Scotland, iii. 187.

a future world where men are in some way or other punished or rewarded for their conduct during their life. Such a belief is said to be fairly common among uncivilised races; and, although in several cases it is undoubtedly due to Christian or other foreign influence, I agree with Dr. Steinmetz that we are not entitled to

assume that it is so in all. It seems that the savage mind. may by itself, in various ways, come to the idea of some kind of moral retribution after death. First, the condition of the dead man is often supposed to depend upon the attentions bestowed on him by the survivors. Mr. Turner was told that, in the belief of the St. Augustine Islanders in Polynesia, the souls of the departed "if good" went to a land of brightness and clear weather in the heavens, but "if bad" were sent to mud and darkness; and the answer to his next question informed him. that in this case "goodness" meant that the friends of the deceased had given him a good funeral feast, and that "badness" meant that his stingy friends had provided nothing at all. Although Mr. Turner sees no moral distinction in these terms, there may be one nevertheless. Speaking of the Efatese, in the New Hebrides, Mr. Macdonald observes "A man's condition in the future would be, to some extent, happy or miserable according to his life here. Supposing he were a worthless fellow, very scanty worship would be rendered to him at his death and few animals slain to accompany him to the spirit world; and thus he would occupy an inferior position there corresponding to his social worthlessness here. This belief, our informant adds, "has undoubtedly great influence in making men strive to live so as to obtain the good opinion of their fellows, and leave an honourable memory behind them at death. The Bushmans, who maintain that the dead will ultimately go to a land abounding in excellent food, put a spear by the side of a departed friend in order that, when he arises, he may have something to defend himself with and procure a living; but, if they hate the person, they deposit no spear, so that on his resurrection he may either be murdered or starved. The dead may also have to suffer from the curses of those whom they injured while alive. At Motlav, in the

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1 Steinmetz, Studien, ii. 366 sqq. Idem, Continuität oder Lohn und Strafe im Jenseits der Wilden,' in Archiv f. Anthropologie, xxiv. 577 sqq.

2 Turner, Samoa, p. 292 sq.

3 Macdonald, Oceania, p. 209. 4 Campbell, Second Journey in tất Interior of South Africa, i. 29.