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the tender paffion. In plain terms, having been accuftomed for fome time to pass his hours, out of economy, with the two maid fervants in the kitchen--one of them had the art to induce him to fall in love with her; and it is matter of doubt, had it not been discovered, whether the would not have had the power over him to have made him marry her.

Mr George Elwes having now fettled at his fear, at Marcham, in Berkfhire, he was naturally defirous that, in the affiduities of his wife, his father might, at length,find a comfortable home. In London he was certainly most uncomfortable but ftill, with thefe temptations before and behind him, a journey, with any expence annexed to it, was infurmountable. This, however, was luckily obviated by an offer from Mr Partis, a gentleman of the law, to take him to his ancient feat in Berkshire, with his purfe per fectly whole--a circumftance fo pleafing, that the general intelligence which renders this gentleman fo entertaining, was not adequate to it in the opinion of Mr Elwes. But there was one circumstance ftill very diftreffing---the old gentleman had now nearly worn out his last coat, and he would not buy a new one; his fon, therefore, with a pious fraud that did him honour, contrived to get Mr Partis to buy him a coat, and make him a prefent of it. Thus, formerly ha visg had a good coat, then a bad one, and, at last, no coat at all---he was kind enough to accept cne from a neighbour.

Mr Elwes carried with him into Berkshire, five guineas and a half, and half a crown. Left the mention of this fum may appear fingular, it fhould be faid, that, previous to his journey, he had carefully wrapped it up in various folds of paper, that no part of it might be loft. On the arrival of the old gentleman, Mr George Elwes and his wife, whofe good temper might well be expected to charm away the irritations of avariee and

age, did every thing they could to make the country a fcene of quiet to him.

But," he had that within," which baffled every effort of this kind. Of his heart it might be faid, "there was no peace in Ifrael." His mind, caft away upon the vaft and troubled ocean of his property, extending be yond the bounds of his calculation, returned to amuse itself with fetching and carrying about a few guineas, which in that ocean, was indeed a drop. But nature had now carried on life nearly as far as she was able. The fand was almoft run out for against carelefs inquietudes, what power of body could resist?

His very fingular appetite Mr Elwes retained till within a few days of his hiffolution, and walked on foot twelve miles but a fortnight before he died.

The first symptoms of more immediate decay, was his inability to en joy his reft at night. Frequently would he be heard at midnight as if ftruggling with fome one in his chamber, and crying out, "I will keep my money, I will; nobody fhall rob me of my property." On any one of the family going into his room, he would ftart from this fever of anxiety, and, as if aking from a troubled dream, again hurry into bed, and feem unconfcious of what had happened.

At other times, when perfectly awake, he would walk to the fpo where he had hidden his money, to fee if it was fafe. One night, while in this waking ftate, he miffed his treasure-that great fum of five gui neas and a half, and half a crown! That great fum which he carried down to Berkshire as his last dearest pleasure. That great fum, which at times folaced and distracted the last moments of a man, whofe property, nearly reaching to a million, extended itself almost through every County in England.

The circumstances of the lofs were these :

Mr Partis, who was then with him

in Berkshire, was waked one morning about two o'clock by the noife of a naked foot feemingly walking about his bed-chamber with great caution. Somewhat alarmed at the circumftance, he naturally asked "Who is there?" on which a perfon coming up towards the bed, faid with great civility" Sir, my name is Elwes; I have been unfortunate enough to be robbed in this houfe, which I believe is mine, of all the money I have in the world-of five guineas and a half, and half a crown!". "Dear Sir," replied Mr Partis, "I hope you are mistaken; do not make yourfelf uneafy." O! no, no," rejoined the old gentleman, "Its all True, and really, Mr Partis, with fuch a fum-I fhould have liked to have feen the end of it.".

This unfortunate fum was found a few days after in a corner behind the window fhutter.

It was now the autumn of the year 1789, and the progress of each day took fomething away from his understanding. His memory was gone entirely; his perception of things was decreafing very rapidly; and as the mind became unfettled, gufts of the most violent paffion ufurped the place of his former command of temper. That courtefey, once fo amiable in his manners and his addrefs, was now confpicuous no longer; and there appeared no particle

of his mental qualities that did not feem to have furvived themselves.

For fix weeks, previous to his death, he had got a custom of going to reft in his cloaths, as perfectly dreffed as during the day. He was one morning found fast asleep betwixt the fheets, with his shoes on his feet, his ftick in his hand, and on old torn hat upon his head.

On this circumftance being difcovered, a fervant was fet to watch, and take care that he undressed himfelf; fyet, fo defirous was he of continuing this custom, that he told the fervant, with his usual provi dence about money, that if he would not take any notice of him, he would leave him fomething in his will.

On the 18th of November, 1789, Mr Elwes difcovered figns of that ut ter and total weakness, which, in eight days, carried him to his grave. On the evening of the first day he was conveyed to bed-from which he rofe no more. His appetite was gone-he had but a faint recollection of any thing about him; and his last coherent words were addreffed to his fon, Mr John Elwes, in hoping " he

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On the Trial by Ordeal among the Hindus.-By Ali Ibrahim Khan Chief Magiftrate at Bana'res. Communicated by Warren Haftings, Esq *.

THE HE modes of trying offenders by an appeal to the Deity, which are described at large in the Mitacthera, or comment on the Dherma Saftra, in the Chapter of Oaths, and other ancient books of Hindu law, are here fufficiently explained, according to the interpretation of learn

ed Pandits, by the well-wisher to mankind, Ali Ibrahim Khan.

The word Divya in Sanferit fignifies the fame with paricha or parikhya in Bhafha, kafam in Arabick, and faucand in Perfian; that is, an oath or the form of invoking the Supreme Being to atteft the truth of an alle

'

* From the First Volume of the " Afiatic Researches."

gation

gation; but it is generally understood to mean the trial by Ordeal, or the form of appealing to the immediate interpofition of the divine power.

Now this trial may be conducted in nine ways: first, by the balance, fecondly, by fire; thirdly, by water; fourthly, by poison; fifthly, by the Cofha, or water in which an idol has been washed; fixthly, by rice; feventhly, by boiling oil; eighthly, by red-hot-iron; ninthly, by images.

I. Ordeal by the balance is thus performed. The beam having been previously adjusted, the cord fixed, and both scales made perfectly even, the perfon accused and a Pandit faft a whole day; then, after the accused has been bathed in facred water, the boma or oblation, prefented to Fire, and the deities worshipped, he is carefully weighed; and when he is taken out of the fcale, the Pandits proftrate themselves before it, pronounce a certain mentra or incantation, agree ably to the Saftras, and having written the fubftance of the accufation 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; if exactly the fame, he must be weighed a third time; when, as it is written in the Mitac thera, there will certainly be a difference in his weight.-Should the balance, though well fixed, break down, this would be a proof of his guilt.

II. For the fire ordeal an excavation, nine hands long, two spans broad, and one fpan deep, is made in the ground, and filled with a fire of pippal wood; into this the perfon accafed must walk bare-footed; and, if his foot be unhurt, they hold him blameless; if burned, guilty.

III. Water-ordeal is performed by caufing the perfon accused to stand in a fufficient depth of water, eiher flowing or ftagnant, to reach his navel; but care should be taken, that no tavenous animal be in it, and that VOL. XI. No. 65.

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it be not moved by much air: a Brahman is then directed to go into. the water, holding a staff in his hand; and a foldier fhoots three arrows on dry ground from a bow of cane: a man is next dispatched to bring the arrow which has been fhot fartheft; and, after he has taken it up, another is ordered to run from the edge of the water; at which inftant the perfon accufed is told to grafp the foot or the staff of the Brahman, who ftands near him in the water, and immediately to dive into it. remain under water, till the two men, who went to fetch the arrows are returned; for, if he raife his head or body above the furface, before the arrows are brought back, his guilt is confidered as fully proved. In the villages near Banares, it is the practice for the perfon, who is to be tried by this kind of Ordeal, to ftand in water up to his navel, and then, holding the foot of a Brahman, to dive under it as long as a man can walk fifty paces very gently: if, before the man has walked thus far, the accused rise above the water, he is condemned; if not, acquitted.

IV. There are two forts of trial by poison; firft, the Pandits having performed their homa, and the perfon accufed his ablution, two retti's and a half, or seven barley-corns, of vishanaga, a poisonous root, or of Sanc'hya, that is, white arfenick, are mixed in eight mafhas or fixty-four retti's, of clarified butter, which the accufed must eat from the hand of a Brahman; if the poifon produce no vifible effect, he is abfolved; otherwife, condemned. Secondly, the hooded fnake, called naga, is thrown into a deep earthen pot, into which is dropped a ring, a feal, or a coin: this the perfon accufed is ordered to take out with his hand; and if the ferpent bite him, he is pronounced guilty; if not, innocent.

V. Trial by the Cha is as follows: the accufed is made to drink

thre

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three draughts of the water, in which the images of the Sun, of Devi, and other deities, have been wafhed for that purpofe; and if, within fourteen days, he has any fickness or indifpofition, his crime is confidered as proved.

VI. When feveral perfons are fufpected of theft, fome dry rice is weighed, with the facred ftone, called Salgram; or certain Slocas are read over it; after which the fufpected perfons are feverally ordered to chew a quantity of it: as foon as they have chewed it, they are to throw it on fome leaves of pippal, or, if none be at hand, on fome b'hurja patra, or bark of a tree from Nepal or Cafhmir. The man, from whofe mouth the rice comes dry or ftained with blood, is holden guilty; the reft are acquitted.

VII. The ordeal by hot oil is very fimple: when it is heated fufficiently, the accufed thrufts his hand into it; and if he be not burned, is held inno

cent.

VIII. In the fame manner, they make an iron ball or the head of a lance, red-hot, and place it in the hands of the perfon accufed; who, if it burn him not, is judged guiltlcfs.

IX. To perform the ordeal by dhar march, which is the name of the floca appropriated to this mode of trial, either an image, named Dharma, or the Genius of Justice, is made of filver, and another, called Adharma, of clay or iron, both of which are thrown into a large earthen jar, and the accufed, having thruft his hand into it, is acquitted if he bring out the filver image, but condemned if he draw forth the iron; or, the figure of a deity is painted on white cloth, and another on black; the first of which they name dharma, and the fecond, adharma : these are severally rolled up in cowdung, and thrown into a large jar without having ever been shown to the accufed; who muft put his hand into the jar, and is acquitted or convicted, as he draws out the figure on

white, or on black, cloth.

It is written in the comment on the Dherma Saftra, that each of the four principal cafts has a fort of ordeal appropriated to it; that a Brahman must be tried by the balance, a Cfhatriya by fire, a Vaifya by water, and a Sudra by poifon; but fome have decided, that any ordeal, except that by poifon, may be performed by a Brahman, and that a man of any caft may be tried by the balance: it has been determined, that a woman may have any trial except those by poison and by water.

Certain months and days alfo are limited in the Mitacfhera for the different fpecies of ordeal, as Agraham, Paufh, Magh, Phalgun, Srawan, and Bhadr, for that by fire, A'fwin, Cartie, Jaifht, and A'fhadh, for that by water, Paufh, Magh, and P'halgun, for that by poifon; and regularly there fhould be no water-ordeal on the Afhtemi, or eighth, the Cheturdafi, or fourteenth, day of the new or full moon, in the intercalary month, in the month of B'hadr, on Sanaifcher, on Saturday, and on Mangal, on Tuesday: but, whenever the magiftrate decides that there fhall be an ordeal, the regular appointment of months and days needs not to be regarded.

The Mitacera contains alfo the following diftinctions in cafes of theft or fraud to the amount of a hundred gold mohrs, the trial by poison is proper; if eighty mohrs be ftolen, the fufpected perfon may be tried by fire; if forty, by the balance; if from thirty to ten, by the image-water; if two only, by rice.

An infpired legislator, named Catyayana, was of opinion, that, though a theft or fraud could be proved by witneffes, the party accused might be tried by ordeal: he fays too, that, where a thoufand pana's are ftolen, or fraudulently withheld, the proper trial is by poifon; where feven bundred and fifty, by fire; where fix hund

red

red and fixty-fix, and a fraction, by a ftate of the cafe and the point in water; where five hundred, by the iffue on a palmyra-leaf, together with balance; where four hundred, by the mentra prefcribed in the Veda, they hot oil, where three hundred, by tie the leaf on the head of the accufrice; where an hundred and fifty, ed. All being prepared, they heat by the Cofha; and where one hund- an iron-ball or the head of a lance, red, by the dharmarch, or images of weighing two fer and a half, or filver and iron. five pounds, and throw it into water; they heat it again, and again cool it in the fame manner: the third time they keep it in the fire till it is red hot; then they make the perfon ac cused stand in the first circle; and, having taking the iron from the fire and read the ufual incantation over it, the Pandits place it with tongs in his hands. He muft ftep gradually from circle to circle, his feet being conftantly within one of them, and, when he has reached the eighth, he muft throw the iron into the ninth, fo as to burn fome grafs, which muft be left in it for that purpose. This being performed, the magiftrate and Pandits again command him torub fome rice in the hulk between both his hands, which they afterwards examine; and if any mark of burning appear on either of them, he is convicted, if not, his innocence is confidered as proved. If his hand shake through fear, and by his trembling any other part of his body is burned, his veracity remains unimpeached; but if he let the iron drop before he reach the eighth cir cle, and doubt arife in the minds of the fpectators, whether it had burned him, he must repeat the whole cer remony from the beginning.

The mode of conducting the ordeal by red hot balls, or heads of fpears, is thus particularly defcribed in the commentary on Yagyawelcya. At daybreak the place where the ceremony is to be performed, is clear ed and washed in the cuftomary form; and at fun-rife, the Pandits, having paid their adoration to Ganefa, the God of Wisdom, draw nine circles on the ground with cow-dung, at intervals of fixteen fingers; each circles containing fixteen fingers of earth, but the ninth either aller or larger than the reft: then they worship the deities in the mode prefcribed by the Saftra, prefent oblations to the fire, and having a fecond time worshipped the Gods, read the appointed mentra's. The perfon to be tried then performs an ablution, puts on moift clothes, and, turning his face to the Eaft, ftands in the first ring, with both his hands fixed in his girdle; after this the prefiding magiftrate and Pandits order him to rub fome rice in the husk between his hands, which they carefully infpect; and if the fear of a former wound, a mole, or other mark, appear on either of them, they stain it with a dye, that, after the trial, it may be diftinguished from any new mark. They next order him to hold both his hands open and clofe together; and, having put into them feven leaves of the trembling tree, or pippal, feven of the fami or jend, feven blades of dariha grafs, a little barley moiftened with curds, and a few flowers, they faften the leaves on his hands with feven threads of raw cotton. The Pandits then read the flocas which are appointed for the occafion; and, having written

year

In the of the Meffiah 1783, a man was tried by the hot ball at Benares in the prefence of me Ali Ibrahim Khan, on the following occafion; A man had appealed one Sancar of larceny, who pleaded that he was not guilty; and, as the theft could not be proved by legal evidence, the trial by fire-ordeal was tendered to the appellee, and accepted by him. This well-wisher to mankind advised the learned magiftrates and Pandits to prevent the decifion of the question Rrž

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