[142] See Westermarck, The Moorish Conception of Holiness, p. 116 sqq.
[143] See Andree, ‘Die Asyle,’ in Globus, xxxviii. 301 sq.; Frazer, ‘Origin of Totemism,’ in Fortnightly Review, N. S. lxv. 650 sqq.; Hellwig, Das Asylrecht, passim; Bulmerincq, Das Asylrecht, passim. Fuld, ‘Das Asylrecht im Alterthum und Mittelalter,’ in Zeitschr. f. vergl. Rechtswiss. vii. p. 103 sqq.
Among the Central Australian Arunta there is in each local totem centre a spot called ertnatulunga, in the immediate neighbourhood of which everything is sacred and must on no account be hurt. The plants growing there are never interfered with in any way; animals which come there are safe from the spear of the hunter; and a man who was being pursued by others would not be touched so long as he remained at this spot.[144] In Upolu, one of the Samoan Islands, a certain god, Vave, had his residence in an old tree, which served as an asylum for murderers and other great offenders; if that tree was reached by the criminal he was safe, and the avenger could pursue no farther, but had to wait for investigation and trial.[145] In the island of Hawaii there were two puhonuas, or cities of refuge, which afforded an inviolable sanctuary even to the vilest criminal who entered their precincts, and during war offered safe retreat to all the non-combatants of the neighbouring districts who flocked into them, as well as to the vanquished. As soon as the fugitive had entered, he repaired to the presence of the idol and made a short ejaculatory address, expressive of his obligations to him in reaching the place with security. The priests and their adherents would immediately put to death anyone who should have the temerity to follow or molest those who were once within the pale of the pahu tabu, and, as they put it, under the shade or protection of the spirit of Keave, the tutelary deity of the place. After a short period, probably not more than two or three days, the refugee was permitted to return unmolested to his home, the divine protection being supposed still to abide with him.[146] In Tahiti the morais, or holy places, likewise gave shelter to criminals of every kind.[147] At Maiva, in the South-Eastern part of New Guinea, “should a man be pursued by an enemy and take refuge in the dubu [or temple], he is perfectly safe inside. Any one smiting another inside the dubu would have his arms and legs shrivelled up, and he could do nothing but wish to die.”[148]
[144] Spencer and Gillen, Native Tribes of Central Australia, p. 133 sqq.
[145] Turner, Samoa, p. 64 sq.
[146] Ellis, Tour through Hawaii, p. 155 sqq. Jarves, History of the Hawaiian Islands, p. 28 sq.
[147] Turnbull, Voyage round the World, p. 366. Wilson, Missionary Voyage to the Southern Pacific Ocean, p. 351.
[148] Chalmers and Gill, Work and Adventure in New Guinea, p. 186.
In many North American tribes certain sacred places or whole villages served as asylums, in which those who were pursued by the tribe or even an enemy were safe as soon as they had obtained admission.[149] Among the Acagchemem Indians, in the valley and neighbourhood of San Juan Capistrano in California, a criminal who had fled to a vanquech, or place of worship, was secure not only as long as he remained there, but also after he had left the sanctuary. It was not even lawful to mention his crime, but all that the avenger could do to him was to point at him and deride him, saying, “Lo, a coward, who has been forced to flee to Chinigchinich!” This flight, however, turned the punishment from the head of the criminal upon that of some of his relatives.[150]
[149] Adair, History of the American Indians, pp. 158, 159, 416. Bradbury, Travels in the Interior of America, p. 165 sq. (Aricaras of the Missouri). Bourke, ‘Medicine-Men of the Apache,’ in Ann. Rep. Bur. Ethn. ix. 453. Kohl, Kitchi-Gami, p. 271 (Chippewas).