ick a
hot ploughshare, to sit on or handle hot iron, and to take a short
walk over coals is _late_ Indic. The German practice also according to
Schlagintweit "war erst in spaeterer Zeit aufgekommen."[39]
(3) Walking through Fire: This is a Teutonic ordeal, and (like the
conflict-ordeal) an Indic custom not formally legalized. The accused
walks directly into the fire. So [Greek: _pur dierpein] (loc. cit_.).
Water-ordeals: (1) May better be reckoned to fire-ordeals. The
innocent plunges his hand into boiling water and fetches out a stone
(Anglo-Saxon law) or a coin (Indic law) without injury to his hand.
Sometimes (in both practices) the plunge alone is demanded. The depth
to which the hand must be inserted is defined by Hindu jurists.
(2) The Floating-ordeal. The victim is cast into water. If he floats
he is guilty; if he drowns he is innocent. According to some Indic
authorities an arrow is shot off at the moment the accused is dropped
into the water, and a 'swift runner' goes after and fetches it back.
"If at his return he find the body of the accused still under water,
the latter shall be declared to be innocent."[40] According to Kaegi
this ordeal would appear to be unknown in Europe before the ninth
century. In both countries Water (in India, Varuna) is invoked not to
keep the body of a guilty man but to reject it (make it float).
Food-ordeal: Some Hindu law-books prescribe that in the case of
suspected theft the accused shall eat consecrated rice. If the gums be
not hurt, no blood appear on spitting, and the man do not tremble, he
will be innocent. This is also a Teutonic test, but it is to be
observed that the older laws in India do not mention it.
On the basis of these examples (not chosen in historical sequence)
Kaegi has concluded, while admitting that ordeals with a general
similarity to these have arisen quite apart from Aryan influence, that
there is here a bit of primitive Aryan law; and that even the minutiae
of the various trials described above are _un_-Aryan. This we do
not believe. But before stating our objections we must mention another
ordeal.
The Oath: While fire and water are the usual means of testing crime in
India, a simple oath is also permitted, which may involve either the
accused alone or his whole family. If misfortune, within a certain
time (at once, in seven days, in a fortnight, or even half a year)
happen to the one that has sworn, he will be guilty. This oath-test is
also
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