Superstition and Force: Essays on the Wager of Law, the Wager of Battle, the Ordeal, TortureLea, Henry Charles
History
Superstition and Force: Essays on the Wager of Law, the Wager of Battle, the Ordeal, Torture
Lea, Henry Charles
Ordeal; Torture; Wager of battle; Wager of law
The glowing ball is then placed on the hands of the accused, and with
it he has to walk across seven concentric circles of cow-dung, each
with a radius sixteen fingers’ breadth larger than the preceding, and
throw the ball into a ninth circle, where it must burn some grass
placed there for the purpose. If this be accomplished without burning
the hands, he gains his cause, but the slightest injury convicts him.
A minimum limit of a thousand pieces of silver was established at an
early period as requisite to justify the administration of this form of
ordeal in a suit.[916] But the robust faith in the power of innocence
characteristic of the earlier Hindus seems to have diminished, for
subsequent recensions of the code and later lawgivers increase the
protection afforded to the hand by adding to the asvattha leaves
additional strata of dharba grass and barley moistened with curds, the
whole bound around with seven turns of raw silk.[917] Ali Ibrahim Khan
relates a case which he witnessed at Benares in 1783 in which a man
named Sancar, accused of larceny, offered to be tried in this manner.
The court deliberated for four months, urging the parties to adopt some
other mode, but they were obstinate, and being both Hindus claimed
their right to the ancient forms of law, which was at last conceded.
The ordeal took place in presence of a large assemblage, when, to
the surprise of every one, Sancar carried the red-hot ball through
the seven circles, threw it duly into the ninth where it burnt the
grass, and exhibited his hands uninjured. By way of discouraging such
experiments for the future, the accuser was imprisoned for a week.[918]
Even in 1873, the Bombay _Gazette_ states that this ordeal is still
practised in Oodeypur, where a case had shortly before occurred wherein
a husbandman had been obliged to prove his innocence by holding a
red-hot ploughshare in his hands, duly guarded with peepul leaves,
turning his face towards the sun and invoking it: “Thou Sun-God, if
I am actually guilty of the crime, punish me; if not, let me escape
unscathed from the ordeal!”—and in this instance, also, the accused was
uninjured.
A peculiar modification of the hot-iron ordeal is employed by the
aboriginal hill-tribes of Rajmahal, in the north of Bengal, when a
person believes himself to be suffering from witchcraft. The _Satane_
and the _Cherreen_ are used to find out the witch, and then the
decision is confirmed by a person representing the sufferer, who, with
certain religious ceremonies, applies his tongue to a red-hot iron
nine times, unless sooner burnt. A burn is considered to render the
guilt of the accused indubitable, and his only appeal is to have the
trial repeated in public, when, if the same result follows, he is bound
either to cure the bewitched person or to suffer death if the latter
dies.[919]
Public-domain text, read in full here on John Shaqi.
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