The History of Duelling. Vol. 1 (of 2) — John Stuart Mill — John Shaqi
The History of Duelling. Vol. 1 (of 2)
John Stuart Mill · en
1. The ordeal by _balance_ is thus performed. The beams having been
adjusted, the cord fixed, and both scales made perfectly even, the
person accused and a Pundit fast a whole day. After the accused has
been bathed in sacred water, the _horna_, or oblation, presented to the
fire, and the deities worshiped, he is carefully weighed; and, when he
is taken out of the scale, the Pundits prostrate themselves before it,
pronounce a certain _mentra_, or incantation, agreeably to the Sastra;
and, having written the substance of the accusation on a piece of
paper, bind it on his head. Six minutes after they place him again in
the scale; and, if he weigh more than before, he is held guilty; if
less, innocent; but, if exactly the same, he must be weighed a third
time, when, as it is written in the _mitacshera_, there will certainly
be a difference in his weight. Should the balance, though well fixed,
break down, this circumstance would be considered as a damning proof of
criminality.
2. In the _fire ordeal_, an excavation nine hands long, two spans
broad, and one span deep, is made in the ground, and filled with a fire
of pippal wood. Into this the person accused must walk bare-footed;
and, if his foot be unhurt, they hold him guiltless.
3. The _water ordeal_ is performed by causing the person accused
to stand in a certain depth of water, either flowing or stagnant,
sufficient to reach his middle; but care is taken that no ravenous
animal be in it, and that it be not moved by much air. A Brachman is
then directed to go into the water, holding a staff in his hand; and
a soldier shoots three arrows on dry ground from a bow of cane. A man
is then despatched to bring the arrow that has been shot the farthest;
and, after he has taken it up, another is ordered to run from the edge
of the water: at which instant, the person accused is told to grasp the
foot, or the staff, of the Brachman, who stands near him in the water,
and immediately to dive. He must remain under water till the two men
who went to fetch the arrows are returned; for, if he raise his head or
body above the surface before the arrows are brought back, his guilt is
considered as fully proved. A peculiar species of water ordeal prevails
on the coast of Malabar: a person accused of any enormous crime is
obliged to swim over a large river abounding with crocodiles, and, if
he escapes unhurt, he is esteemed innocent.
4. The trials by _poison_ are of two sorts. In the first, the Pundits
having performed their horna, and the accused person his ablution, two
_rettis_ and a half, or seven barleycorns, of Vishanaga, a poisonous
root, or of Sanc’hya, or white arsenic, are mixed in eight marhas
of clarified butter, which the accused must eat from the hand of a
Brachman. If the poison produce no effect, he is declared innocent.