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
We have seen above that a belief existed that persons guilty of sorcery
lost their specific gravity, and this superstition naturally led to the
use of the balance in the effort to discover and punish the crime of
witchcraft, which all experts assure us was the most difficult of all
offences on which to obtain evidence. The trial by balance, however,
was not a European invention. Like nearly all the other ordeals, it
can be traced back to India, where, at least as early as the time of
the Institutes of Vishnu, it was in common use. It is described there
as reserved for women, children, old men, invalids, the blind, the
lame, and the privileged Brahman caste, and not to be undertaken when
a wind was blowing. After proper ceremonies the patient was placed in
one scale, with an equivalent weight to counterbalance him in the
other, and the nicety of the operation is shown by the prescription
that the beam must have a groove with water in it, evidently for the
purpose of detecting the slightest deflection either way. The accused
then descended and the judge addressed the customary adjuration to the
balance:—
“Thou, O balance, art called by the same name as holy law (dharma);
thou, O balance, knowest what mortals do not comprehend.
“This man, arraigned in a cause, is weighed upon thee. Therefore
mayest thou deliver him lawfully from this perplexity.”
Then the accused was replaced in the scale, and if he were found to be
lighter than before he was acquitted. If the scale broke, the trial was
to be repeated.[1059]
Public-domain text, read in full here on John Shaqi.
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