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Northern Kentucky University

A History of "Trial By Ordeal"

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Northern Kentucky University

Have you ever undergone a “trial by fire”? In its modern use, this refers to any ordeal meant to test one’s strength, endurance, or resolve. These trials and tribulations can be mentally and physically taxing, and can sometimes push a person to their breaking point.

Originally, however, “trial by fire” was a much more literal term, and was one of the many categories of “trial by ordeal” that permeated the judicial system of Europe, Asia, Africa, and colonial America. The thought behind trial by ordeal was that, during the process, the gods intervene and show a sign that indicates guilt or innocence.

Of course, the system was far from foolproof; many of the trials were easily manipulated by the administering judges (or priests) to “prove” a verdict that they thought was correct. Still, some authors, such as George Mason University economist Peter Leeson, say that in a society that unflinchingly believes in the efficacy of these trials, the ordeals and ordealists would have resulted in the “correct” verdict more often than not. After all, if a person was guilty, but believed that the trials always showed the truth, they’d be unlikely to be willing to undergo them—the punishment for pleading guilty was almost always far more lenient than the punishment for being “shown” to be guilty under trial by ordeal.

Though the trial by ordeal was forbidden by Pope Innocent III in 1215, its prevalence in Europe continued to be wide enough that it even came over to colonial America. Other trials by ordeal were also found throughout India, Southeast Asia, and in many parts of Africa. Both the Ramayana (a Hindu epic) and the Old Testament (in the Book of Numbers) describe trials by ordeal. Even to this day, trial by ordeal is known to take place in Liberia, concerning many human rights organizations. Here's a brief rundown of 11 trials by ordeal.

Trial by Fire

Courtesy of Nirmukta

The defendant on trial must pick an object out from within flames, or walk over hot coals. If they were burned in the process, they were presumed guilty. In the Hindu version of the trial by fire, a woman suspected of adultery must stand in a circle of flame, or on top of a pyre, and not be burned. This was exemplified by the trial of Sita in the Ramayana, who was said to have not had a single flower petal in her hair be wilted by the heat of the flames, for she was so pure the flames avoided her.

Trial by Hot Iron

Courtesy of Brittania

A one-pound iron was heated in a fire, and pulled out during a ritual prayer. The defendant had to carry this iron the length of nine feet (as measured by the defendant’s own foot size). Their hands were then examined for burns. If the crime of the accused was particularly egregious, such as betrayal of one’s lord, or murder, the iron would be three pounds.

Trial by Water

Courtesy of Wikipedia

The defendant was bound in the fetal position and thrown into a body of water. Contrary to popular belief, those that sank weren’t drowned but were hauled out of the water, and those that floated didn’t float because they could swim: If he or she floated, they were guilty, and if they sank, they were presumed innocent. This was the most common ordeal undergone in the New World, and was seen during the time of the Salem witch trials. A surprisingly high number of people were deemed “innocent” by this method, but it was largely the younger women and the men who were exonerated in these trials. Their lower body fat levels probably helped them sink down in the water.

Trial by Hot Water


Courtesy of Fordham University

The arm was plunged elbow-deep into hot water, often to grasp a ring, stone, or holy object at the bottom of a cauldron. After several days, if no blistering or peeling was present, the defendant was presumed innocent. Since it was not always boiling water that was used, this was one of the most easily-manipulated trials for the ordealists to work over.

Trial by Host

Relegated to priests accused of crimes, or suspected of lying regarding someone else’s crime (perjury). The priest would go before the altar and pray aloud that God would choke him if he were not telling the truth. He would then take The Host (the holy eucharist), and if he was guilty of perjury or the crime, he would either choke or have difficulty swallowing. This had a degree of psychosomatic truth behind it, if the priest truly believed in the trial, but it was one of the easiest of the “trial by ordeal” ceremonies to overcome by the defendant.

Trial by Ordeal Bean

A trial of “Old Calabar” (Akwa Akpa—now part of Nigeria), involving the “E-ser-e,” or “the ordeal bean,” now known as the calabar bean (Physostigma venenosum). A common use was in trials where someone was accused of witchcraft. The defendant would ingest the calabar beans. If they vomited up the beans, they were presumed innocent, and if they digested the beans they were presumed guilty. Most defendants who digested the beans were killed by their effects. The physostigmine effects of the calabar beans are similar to the effects of nerve gasses that have been used in war; they disrupt the communication between muscles and the nervous system, and the victim dies of asphyxiation when the diaphragm fails to respond.

Trial by Tagena

Courtesy of Wikipedia

Very similar to “trial by ordeal bean,” but used in Madagascar. The nut of the tagena tree (Cerbera odollam) contains cerberin, which is related to the toxin found in foxglove (digoxin). This causes the heart to fibrillate (an uncoordinated spasmodic contraction that fails to pump blood), and in many cases, completely stop beating. The “trial by Tagena” has been used against alleged witchcraft practitioners in Madagascar for over 500 years, and in the mid-19th century, was responsible for over 2 percent of the deaths (3000 people) in Madagascar every year.  Its use was banned in 1861 by King Radama II, but is still known to be used in homicide and suicide in Madagascar and India, and in trial by ordeal that continues in remote Madagascar provinces.

Sassywood

The sassywood rituals of Liberia and the West African coast come in several different forms, but all feature the “Ordeal tree” (Erythrophleum suaveolens). This tree produces a toxin similar to the tagena of Madagascar throughout its tissues, but also produces a hemolytic (blood-thinner), and a convulsant toxin. In the most common ritual, the defendant is called to ingest a concoction of the sassywood bark. If they vomit it back up, they are presumed innocent. Another common ordeal is to place a machete into burning sassywood, and when it’s red-hot, rub the blade on the legs of the defendants. Whichever defendant is burned is presumed guilty.

Since the disruption of the court systems during Liberia’s civil war, the sassywood rituals have been regaining ground as “legitimate” alternatives to “Western justice”. Despite being officially outlawed, the belief in the validity of the rituals has kept the tradition alive, even in well-educated parts of the country, such as Monrovia.  Nevertheless, many people have died because of being forced through them (unlike the other trials by ordeal, the choice to “plead guilty” instead of undergoing sassywood is not usually an option – even if it were, it would mean accepting death by machete rather than death by poisoning), and international justice communities are seeking to bring down the use of these rituals.

Trial by Diving

This trial, found in India, Thailand, Burma, and Borneo, involved a test of breath-holding, and was most often used in disputes of contested cock-fights. Two stakes were secured beneath the water of a clear pond, and both parties involved in the dispute would dive and grasp onto a stake. Whichever claimant stayed beneath the water longest was declared to have truth on his side.

Trial by Snake

A cobra and a ring are placed in an earthenware pot, and the defendant is tasked with retrieving the ring from beneath the snake without being bitten. This trial was most commonly used when someone was accused of making a false accusation against another person, or lying to get another person punished (the equivalent of perjury in the Western court system).

Sotah Ritual

Mentioned in the King James version of the Old Testament (Numbers 5:11-31), this ritual was to be undertaken by a woman suspected of being unfaithful to her husband. It was called the “ordeal of bitter water,” and had the woman ingesting a concoction of dirt from a temple floor and holy water, in an earthenware vessel. If her “belly swell an’ her legs fall away” (if she got very bloated or lost muscle in her legs) after the ritual, she was deemed guilty of adultery. However, if she was unharmed by the ritual, she was seen as not guilty, and her husband was made to stop falsely accusing her. Despite appearing in fairly explicit instruction in the early Bible, there’s no evidence that this ritual was ever undertaken by anyone either anywhere else in the Bible, or in life.

Our current court systems work best when those involved are skeptical, analytical, and not biased toward any one viewpoint, but in the days of Trial by Ordeal, the opposite would have been true—the more people involved in a case brought to “court” who were thoroughly vested in the idea that these ordeals were accurate in showing guilt and innocence, the more effective these trials were. The guilty would refuse the trials, and the innocent would undergo the trials with such confidence in their success that they would oftentimes succeed, even in a trial that hadn’t been “helped” along by the ordealists.

Additional Sources: "Ordeals," Peter T. Leeson [PDF]; Asian Review: Trial by Ordeal in Siam. Demetrius Charles Boulger, 1895; The cyclopædia of India and of eastern and southern Asia: Trial by Ordeal. Edward Balfour, 1885; Protabase Records; Erythrophleum suaveolens; Wicked Plants. Amy Stewart, 2009; Reason Magazine; Trial By Ordeal. Radley Balko, 2010.

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Why Do the Lions and Cowboys Always Play on Thanksgiving?
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Because it's tradition! But how did this tradition begin?

Every year since 1934, the Detroit Lions have taken the field for a Thanksgiving game, no matter how bad their record has been. It all goes back to when the Lions were still a fairly young franchise. The team started in 1929 in Portsmouth, Ohio, as the Spartans. Portsmouth, while surely a lovely town, wasn't quite big enough to support a pro team in the young NFL. Detroit radio station owner George A. Richards bought the Spartans and moved the team to Detroit in 1934.

Although Richards's new squad was a solid team, they were playing second fiddle in Detroit to the Hank Greenberg-led Tigers, who had gone 101-53 to win the 1934 American League Pennant. In the early weeks of the 1934 season, the biggest crowd the Lions could draw for a game was a relatively paltry 15,000. Desperate for a marketing trick to get Detroit excited about its fledgling football franchise, Richards hit on the idea of playing a game on Thanksgiving. Since Richards's WJR was one of the bigger radio stations in the country, he had considerable clout with his network and convinced NBC to broadcast a Thanksgiving game on 94 stations nationwide.

The move worked brilliantly. The undefeated Chicago Bears rolled into town as defending NFL champions, and since the Lions had only one loss, the winner of the first Thanksgiving game would take the NFL's Western Division. The Lions not only sold out their 26,000-seat stadium, they also had to turn fans away at the gate. Even though the juggernaut Bears won that game, the tradition took hold, and the Lions have been playing on Thanksgiving ever since.

This year, the Lions host the Minnesota Vikings.

HOW 'BOUT THEM COWBOYS?


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The Cowboys, too, jumped on the opportunity to play on Thanksgiving as an extra little bump for their popularity. When the chance to take the field on Thanksgiving arose in 1966, it might not have been a huge benefit for the Cowboys. Sure, the Lions had filled their stadium for their Thanksgiving games, but that was no assurance that Texans would warm to holiday football so quickly.

Cowboys general manager Tex Schramm, though, was something of a marketing genius; among his other achievements was the creation of the Dallas Cowboys Cheerleaders.

Schramm saw the Thanksgiving Day game as a great way to get the team some national publicity even as it struggled under young head coach Tom Landry. Schramm signed the Cowboys up for the game even though the NFL was worried that the fans might just not show up—the league guaranteed the team a certain gate revenue in case nobody bought tickets. But the fans showed up in droves, and the team broke its attendance record as 80,259 crammed into the Cotton Bowl. The Cowboys beat the Cleveland Browns 26-14 that day, and a second Thanksgiving pigskin tradition caught hold. Since 1966, the Cowboys have missed having Thanksgiving games only twice.

Dallas will take on the Los Angeles Chargers on Thursday.

WHAT'S WITH THE NIGHT GAME?


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In 2006, because 6-plus hours of holiday football was not sufficient, the NFL added a third game to the Thanksgiving lineup. This game is not assigned to a specific franchise—this year, the Washington Redskins will welcome the New York Giants.

Re-running this 2008 article a few days before the games is our Thanksgiving tradition.

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Why Your Traditional Thanksgiving Should Include Oysters
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If you want to throw a really traditional Thanksgiving dinner, you’ll need oysters. The mollusks would have been featured prominently on the holiday tables of the earliest American settlers—even if that beloved Thanksgiving turkey probably wasn’t. At the time, oysters were supremely popular additions to the table for coastal colonial settlements, though in some cases, they were seen as a hardship food more than a delicacy.

For one thing, oysters were an easy food source. In the Chesapeake Bay, they were so plentiful in the 17th and 18th centuries that ships had to be careful not to run aground on oyster beds, and one visitor in 1702 wrote that they could be pulled up with only a pair of tongs. Native Americans, too, ate plenty of oysters, occasionally harvesting them and feasting for days.

Early colonists ate so many oysters that the population of the mollusks dwindled to dangerously low levels by the 19th century, according to curriculum prepared by a Gettysburg University history professor. In these years, scarcity turned oysters into a luxury item for the wealthy, a situation that prevailed until the 1880s, when oyster production skyrocketed and prices dropped again [PDF]. If you lived on the coast, though, you were probably still downing the bivalves.

Beginning in the 1840s, canning and railroads brought the mollusks to inland regions. According to 1985's The Celebrated Oysterhouse Cookbook, the middle of the 19th century found America in a “great oyster craze,” where “no evening of pleasure was complete without oysters; no host worthy of the name failed to serve 'the luscious bivalves,' as they were actually called, to his guests.”

At the turn of the century, oysters were still a Thanksgiving standard. They were on Thanksgiving menus everywhere from New York City's Plaza Hotel to train dining cars, in the form of soup, cocktails, and stuffing.

In 1954, the Fish and Wildlife Service tried to promote Thanksgiving oysters to widespread use once again. They sent out a press release [PDF], entitled “Oysters—a Thanksgiving Tradition,” which included the agency’s own recipes for cocktail sauce, oyster bisque, and oyster stuffing.

In the modern era, Thanksgiving oysters have remained most popular in the South. Oyster stuffing is a classic dish in New Orleans, and chefs like Emeril Lagasse have their own signature recipes. If you’re not looking for a celebrity chef’s recipe, perhaps you want to try the Fish and Wildlife Service’s? Check it out below.

Oyster Stuffing

INGREDIENTS

1 pint oysters
1/2 cup chopped celery
1/2 cup chopped onion
1/4 cup butter
4 cups day-old bread cubes
1 tablespoon chopped parsley
1 teaspoon salt
Dash poultry seasoning
Dash pepper

Drain oysters, saving liquor, and chop. Cook celery and onion in butter until tender. Combine oysters, cooked vegetables, bread cubes, and seasonings, and mix thoroughly. If stuffing seems dry, moisten with oyster liquor. Makes enough for a four-pound chicken.

If you’re using a turkey, the FWS advises that the recipe above provides enough for about every five pounds of bird, so multiply accordingly.

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