Legal antiquities : $b A collection of essays upon ancient laws and customsWhite, Edward J. (Edward Joseph)
History
Legal antiquities : $b A collection of essays upon ancient laws and customs
White, Edward J. (Edward Joseph)
Criminal law -- History; Law -- History; Law, Ancient; Punishment -- History
In the ordeal of the cross, the accuser and accused were placed under
the cross, with their arms extended, and the one whose hands moved first
was adjudged to be the guilty one and the other the innocent. A trial by
lot, similar to this latter ordeal, occurred when the accused was placed
before certain relics with two dice before him, one of which was marked
with a cross. If the cross was selected, at hazard, he was acquitted, but
otherwise was adjudged guilty.[14]
And finally, the ordeal known as the judgment of the bier was used
to determine the guilt of the accused, under a charge of murder. The
deceased, supposed to have been murdered, was placed upon a bier, and the
accused was made to touch his body. If blood flowed, or foam appeared
in the mouth of the murdered person, or the body changed position, the
accused was adjudged guilty of the murder, but if none of these signs
appeared, he was acquitted.[15]
According to the Institute of Narada,[16] the ordeal was used four or
five centuries before Christ, in India, for we find that the balance,
fire, water, poison and the sacred libation, were considered the five
divine tests, for determining the guilt or innocence of suspected persons.
From the formulas given in the Institute of Narada, the most solemn
ceremonies accompanied the application of the tests used in the trials by
ordeal, in India, in ancient days. In describing the different tests, it
is said:
“Having adjured the balance by imprecation, the judge should
cause the accused to be placed in the balance again. ‘O
balance, thou only knowest what mortals do not comprehend.
This man, being arraigned in a cause, is weighed upon thee.
Therefore mayst thou deliver him lawfully from his perplexity.’
... If the individual increased in weight, he was adjudged
guilty; if he was found to be lighter or equal in weight, his
innocence was established.
In the ordeal of fire, the judge thus addressed the fire:
‘Thou, O fire, dwellest in the interior of all creatures,
like a witness. Thou only knowest what mortals do not
comprehend. This man is arraigned in a cause and desires
acquittal. Therefore, mayst thou deliver him lawfully from his
perplexity.’ ... Seven circles of fire, with a diameter of a
foot each and thirty-two inches distant from each other were
marked on the ground, and the man, having fasted and cleansed
himself, has seven _acvattha_ leaves fastened on his hands and
he takes a smooth ball of red hot iron in his hands and walks
slowly through the seven circles of fire and deposits the ball
on the ground. If he is burnt, he is adjudged guilty, but if he
is unburnt, he is declared innocent.
Public-domain text, read in full here on John Shaqi.
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