Legal Lore: Curiosities of Law and Lawyers — John Shaqi
Legal Lore: Curiosities of Law and Lawyers
History
Legal Lore: Curiosities of Law and Lawyers
Law -- Miscellanea
Even among the comparatively enlightened races of the peninsula of India,
ordeals of the most elaborate and curious character are practised at the
present time. Warren Hastings mentions that in his day no fewer than nine
forms were in use among the Hindoos. The ordeal of the balance was
commonly employed, and is still in force in certain districts. The beam is
adjusted, and both scales made perfectly even. After the accused has been
bathed in sacred water, and the deities worshipped, he is placed in the
scale-pan and carefully weighed. When he is taken out the Pandits
pronounce an incantation, and place round his head a piece of paper
setting forth the charge against him. Six minutes later he again enters
the scale, and the balance is called upon to show his fault or innocence.
If he weigh more than before, he is held guilty; if less, innocent; if
exactly the same, he must be weighed a third time, when, according to the
_Mitácsherá_, a difference in his weight will be observable. Should the
balance break down, the mishap would be considered as proof of the man's
guilt.
The ordeal of the balance is not altogether unknown in English history,
for an incident is recorded in which Susannah Haynokes, of Aylesbury, was
accused of bewitching her neighbour's spinning-wheel, and preventing it
from working properly. Susannah loudly protested her innocence, and
demanded an ordeal to prove it. She was taken to the church, and weighed
in a semi-nude condition against a copy of the Bible, and being able to
outweigh the Scriptures, was considered to be innocent of the offence
charged against her. Possibly it never occurred to the owner of the
spinning-wheel that lack of oil was the cause of its refusal to go round.
Among other ordeals in use by the Hindoos is that of iron, the accused
being required to lick a red-hot bar of the metal. If his tongue be burnt,
he is considered guilty, if not, he is reckoned innocent, but it cannot be
supposed that among tribes addicted to this practice the injury to the
tongue is considered sufficient punishment for the offence with which the
suspect is charged. The poison ordeal, employed also, it may be noted, by
the Hovas of Madagascar, is commonly practised. A small quantity of
_vishanága_, a poisonous root, is mixed with clarified butter, which the
accused must eat from the hand of a Brahman. If the poison produce no
visible effect, he is absolved; otherwise, condemned. In other cases the
hooded snake called _nága_ is placed in a deep earthen pot, from which the
accused has to take a ring, seal, or coin without being bitten, when he is
considered innocent. In trial by the Cósha the accused is made to drink
three draughts of water in which images of the Sun, of Dévì, and other
deities have been washed. If, within fourteen days, he is afflicted with
any form of sickness, he is considered guilty.
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