could call out a villain, but the villain had not the slightest right to demand satisfaction from his superior; therefore he had no other resource than an appeal to the trial of hot iron, and water boiling or cold, which was conducted in the following manner:
In the trial by hot iron, the defendant was obliged to hold a heated plate of iron for a certain time in his hand; his hand was then bandaged, and a seal affixed upon it. When this dressing was raised three days after, if any burn was apparent, his cause was lost. It appears that proxies with hands callous and fireproof were often procured for this operation.7
In the trial by hot water, the accused was ordered to withdraw a consecrated ring from a vessel filled with boiling water. In the ordeal of cold water, the patient was thrown into a pond with his hands and feet tied up. If he did not sink, his guilt was evident; inasmuch as, the water having previously received a priest’s blessing in Latin, its refusal to receive the patient was a convincing proof of his unholiness and criminality.
There was another test of guilt, called the ordeal of the cross. The prisoner having declared his innocence upon oath, and appealed to the judgment, two sticks were prepared exactly like each other, and the figure of the cross was cut upon one of them; each of them was then wrapped up in wool, and placed upon a relic on the altar. After proper prayers, a priest took up one of the sticks; and, if it was the one that bore the sign of the cross, the accused was proclaimed innocent. There was another ordeal of the cross, resorted to in civil cases. The judges, parties, and all concerned, being assembled in a church, each of the parties chose a priest, the youngest and stoutest he could find, to be his representative in the trial. These representatives were then placed one on each side of some famed crucifix, and, a signal given, they both at once stretched their arms at full length, so as to form a cross with their bodies. In this painful posture they continued to stand while divine service was performing; and the party whose representative dropped his arm first, lost his cause. Under Charlemagne, this trial took place to settle litigations on account of children; but, under Louis le Debonnaire, it was confined to ecclesiastical disputes.
It is somewhat curious, that similar ordeals have been practised by various nations in modern times, who, in all probability, never heard of these ancient absurdities. In the kingdom of Siam, both in criminal and in civil causes, the parties are made to swallow certain pills; and the one that is first affected is considered convicted. In Thibet the plaintiff and defendant are made to take out of a vessel filled with boiling water a black and a white counter; the one who has the good luck to draw the white prize is declared innocent, although both parties are generally so scalded as to be crippled for the remainder of their days.
It appears that the trial by ordeal was an ancient usage amongst the Hindoos, and continues to this day to be practised in nine different ways: 1, by the balance; 2, by fire; 3, by water; 4, by poison; 5, by cosha, or water in which an idol has been washed; 6, by rice; 7, by boiling oil; 8, by red-hot iron; and 9, by images.
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.
In the second method, the hooded snake, called naga, is thrown into a deep earthen pot, into which is dropped a ring, coin, or seal. This the accused person is ordered to take out; and, if the serpent bite him, he is pronounced guilty.
5. In the trial by cosha, the accused is made to drink three draughts of the water in which the images of the Sun, Devi, and other deities have been washed for that purpose; and if within fourteen days he has any sickness or indisposition, his crime is considered as proved.
6. In the trial by rice, which is resorted to under accusation of theft, some dry rice is weighed with the sacred stone called salgram, or certain slocas are read over it; after which the suspected persons are severally ordered to chew a quantity of it. As soon as they have chewed it, they are to throw it on some leaves of the pippal, or, if none be at hand, on some B’hurja patra, or bark of a tree from Nipal or Cashmere. The man from whose mouth the rice comes dry, or stained with blood, is holden guilty.
7. In the ordeal by hot oil, the ground appointed for the trial is cleared, and rubbed with cow-dung; the next day, at sun-rise, the Pundit worships Ganesa, or the Hindoo Janus; presents his oblations, and pays adoration to other deities, conformably to the Sastra. Then, having read the incantations prescribed, he places a covered pan of gold, silver, copper, iron, or clay, sixteen fingers broad, and four fingers deep, and throws into it one S’ér or eighty sicca weight of clarified butter or oil of seramurz. After this a ring of gold, silver, or iron, is cleaned, washed with water, and cast into the oil, which they proceed to heat, and, when it is very hot, put into it a fresh leaf of pippela or of bilna. When the leaf is burned, the oil is known to be sufficiently hot. Then, having pronounced a metra over the oil, they order the accused to take out the ring; and if he withdraw it without being burnt, or without a blister on his hand, his innocence is considered evident.
8. In the red-hot iron trial, an iron ball, or the head of a spear red-hot, is placed on the hand of the accused.
9. To perform the ordeal by Dharm’anch, an image named Dharma, as the genius of justice, is made of silver, and another called Adharma, of clay or iron, both of which are thrown into a large earthen jar; the accused, having thrust his hand into it, is acquitted if he draw forth the silver image, but condemned if he bring out the iron. In another form of this trial, the figure of a deity is painted on white cloth, and another on black; the first of
