the tender passion.---In plain terms, having been accustomed for some time to pass his hours, out of economy, with the two maid servants 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 she would not have had the power over him to have made him marry her. Mr George Elwes having now settled at his feat, at Marcham, in Berkfhire, he was naturally desirous that, in the affiduities of his wife, his father might, at length, find a comfortable home. In London he was certainly most uncomfortable: but still, with these temptations before and behind him, a journey, with any expence annexed to it, was insurmountable. 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 purse per. fectly whole---a circumstance so pleafing, that the general intelligence which renders this gentleman so entertaining, was not adequate to it in the opinion of Mr Elwes. But there was one circumstance still very diftreffing---the old gentleman had now mearly worn out his last coat, and he would not buy a new one; his son, therefore, with a pious fraud that did him honour, contrived to get Mr Partis to buy him a coat, and make him a present of it. Thus, formerly havisg had a good coat, then a bad one, and, at last, no coat at all-he was kind enough to accept one from a neighbour. Mr Elwes carried with him into Berkshire, five guineas and a half, and half a crown. Left the mention of this sum may appear fingular, it should be said, 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, whose good temper might well be expected to charm away the irritations of avarice and age, did every thing they could to make the country a scene of quiet to him. But, " he had that within," which baffled every effort of this kind. Of his heart it might be said, " there was no peace in Israel." His mind, cast away upon the vast 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 sand was almost run out: for against careless inquietudes, what power of body could resist? His very fingular appetite Mr Elwes retained till within a few days of his hissolution, and walked on foot twelve miles but a fortnight before he died. The first symptoms of more immediate decay, was his inability to enjoy his rest at night. Frequently would he be heard at midnight as if struggling with some one in his chamber, and crying out, "I will keep my money, I will; nobody shall rob me of my property." On any one of the family going into his room, he would start from this fever of anxiety, and, as if aking from a troubled dream, again hurry into bed, and seem unconfcious of what had happened. At other times, when perfectly awake, he would walk to the spot where he had hidden his money, to fee if it was safe. One night, while in this waking state, he missed his treasure-that great sum of five guineas and a half, and half a crown! That great fum which he carried down to Berkshire ashis last dearest pleasure. That great fum, which at times solaced and distracted the last moments of a man, whose 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 in Berkshire, was waked one morning about two o'clock by the noise of a naked foot seemingly walking about his bed-chamber with great caution. Somewhat alarmed at the circumstance, he naturally asked " Who is there?" on which a person coming up towards the bed, faid with great civility-" Sir, my name is Elwes; I have been unfortunate enough to be robbed in this house, 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 yourself uneasy.-" O! no, no," rejoined the old gentleman, " Its all true, and really, Mr Partis, with such a fum-I should have liked to have feen the end of it.". This unfortunate fum was found a few days after in a corner behind the window shutter. 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 decreasing very rapidly; and as the mind became unsettled, gusts of the most violent paffion ufurped the place of his former com nand of temper. That courtesey, once so amiable in his manners and his address, was now confpicuous no longer; and there appeared no particle of his mental qualities that did not seem to have survived themselves. For fix weeks, previous to his death, he had got a custom of going to rest in his cloaths, as perfectly drefsed as during the day. He was one morning found fast asleep betwixt the sheets, with his shoes on his feet, his stick in his hand, and on old torn hat upon his head. On this circumstance being difcovered, a servant was set to watch, and take care that he undressed himself; fyet, so desirous was he of continuing this custom, that he told the servant, with his usual providence about money, that if he would not take any notice of him, he would leave him something in his will. On the 18th of November, 1789, Mr Elwes difcovered signs 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 rose no more. His appetite was gone he had but a faint recollection of any thing about him; and his last coherent words were addressed to his fon, Mr John Elwes, in hoping "he had left him what he wished." On the morning of the 26th of Novem ber, he expired without a figh!with the ease with which an infant goes to sleep on the breast of its mother, worn out with the " rattles and the toys" of a long day! On the Trial by Ordeal among the Hindus.- By Ali Ibrahim Khan Chief Magiftrate at Bana'res. Communicated by Warren Hastings, Esq *. HE modes of trying offenders by THE 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 sufficiently explained, according to the interpretation of learn ed Pandits, by The word Divya in Sanfcrit signifies the fame with paricha or parikhya in Bhasha, kafam in Arabick, and faucand in Perfian; that is, an oath or the form of invoking the Supreme Being to attest the truth of an allegation; the well-wisher to man *From the First Volume of the "Afiatic Researches." gation; but it is generally understood to mean the trial by Ordeal, or the form of appealing to the immediate interposition of the divine power. Now this trial may be conducted in nine ways: first, by the balance, secondly, 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 person accused and a Pandit fast a whole day; then, after the accused has been bathed in sacred water, the homa or oblation, presented to Fire, and the deities worshipped, he is carefully weighed; and when he is taken out of the scale, the Pandits prostrate themselves before it, pronounce a certain mentra or incantation, agreeably to the Saftras, 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; if exactly the same, he must be weighed a third time; when, as it is written in the Mitacthera, 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 span deep, is made in the ground, and filled with a fire of pippal wood; into this the person accufed 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 person accused to stand in a sufficient depth of water, eiher fl owing or stagnant, to reach his navel; but care should be taken, that no ravenous animal be in it, and that VOL. XI. No. 65. Rr 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 shoots three arrows on dry ground from a bow of cane: a man is next dispatched to bring the arrow which has been shot fartheft; and, after he has taken it up, another is ordered to run from the edge of the water; at which inftant the person accused is told to grasp the foot or the staff of the Brahman, who stands near him in the water, and immediately to dive into it. 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. In the villages near Banares, it is the practice for the person, who is to be tried by this kind of Ordeal, to stand 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; first, the Pandits having performed their homa, and the perfon accused his ablution, two retti's and a half, or seven barley-corns, of vishanaga, a poisonous root, or of Sanc'hya, that is, white arsenick, are mixed in eight mashas or fixty-four retti's, of clarified butter, which the accused must eat from the hand of a Bralıman; if the poison produce no visible effect, he is abfolved; otherwife, condemned. Secondly, the hooded snake, called naga, is thrown into a deep earthen pot, into whichis dropped a ring, a feal, or a coin: this the perfon accused 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 Cosha is as follows: the accused is made to drink thre 3 three draughts of the water, in which the images of the Sun, of Devi, and other deities, have been washed for that purpose; and if, within fourteen days, he has any sickness or indisposition, his crime is confidered as proved. VI. When several persons are fufpected of theft, fome dry rice is weighed, with the facred stone, called Salgram; or certain Slocas are read over it; after which the suspected perfons are severally 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 whose mouth the rice comes dry or stained with blood, is holden guilty; the rest are acquitted. VII. The ordeal by hot oil is very simple: when it is heated fufficiently, the accufed thrusts his hand into it; and if he be not burned, is held inno cent. VIII. In the same manner, they make an iron ball or the head of a lance, red-hot, and place it in the hands of the perfon accused; who, if it burn him not, is judged guiltlefs. 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 thrust 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 accused; who must 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 casts has a fort of ordeal appropriated to it; that a Brahman must be tried by the balance, a Cshatriya by fire, a Vaisya by water, and a Sudra by poison; 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 also are limited in the Mitacfhera for the different species of ordeal, as Agraham, Paush, Magh, Phalgun, Srawan, and Bhadr, for that by fire, A'swin, Cartie, Jaisht, and A'shadh, for that by water, Paush, Magh, and P'halgun, for that by poison; and regularly there should be no water-ordeal on the Ashtemi, or eighth, the Cheturdasi, or fourteenth, day of the new or full moon, in the intercalary month, in the month of B'hadr, on Sanaischer, on Saturday, and on Mangal, on Tuesday: but, whenever the magif. trate decides that there shall be an ordeal, the regular appointment of months and days needs not to be regarded. The Mitachera contains also the following distinctions: in cafes of theft or fraud to the amount of a hundred gold mohrs, the trial by poifon is proper; if eighty mohis be stolen, the suspected person 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 inspired legislator, named Catyayana, was of opinion, that, though a theft or fraud could be proved by witnesses, the party accused might be tried by ordeal: he says too, that, where a thousand pana's are stolen, or fraudulent'y withhe'd, the proper trial is by poifon; where feven hundred and fifty, by fire; where fix hund red red and fixty-fix, and a fraction, by a state of the cafe and the point in water; where five hundred, by the balance; where four hundred, by hot oil; where three hundred, by rice; where an hundred and fifty, by the Cosha; and where one hundred, by the dharmarch, or images of Alver and iron. issue on a palmyra-leaf, together with the mentrasprescribed in the Veda, they tie the leaf on the head of the accufed. All being prepared, they heat an iron-ball or the head of a lance, weighing two fer and a half, or five pounds, and throw it into water; they heat it again, and again cool it in the same manner: the third time they keep it in the fire till it is red hot, then they make the person accused stand in the first circle; and, having taking the iron from the fire and read the usual incantation over it, the Pandits place it with tongs in his hands. He must step gradually must throw the iron into the ninth, so as to burn some grass, which must be left in it for that purpose. This being performed, the magiftrate and Pandits again command him torub some rice in the huskbetween 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 circle, and doubt arise in the minds of the spectators, whether it had burned him, he muft repeat the whole ce remony from the beginning. The mode of conducting the ordeal by red hot balls, or heads of spears, is thus particularly described in the commentary on Yagyawelcya. At daybreak the place where the ceremony is to be performed, is cleared and washed in the customary form; and at sun-rise, the Pandits, having paid their adoration to Ganesa, the God of Wisdom, draw nine circles from circle to circle, his feet being on the ground with cow-dung, at in- constantly within one of them, and, tervals of fixteen fingers; each cir- when he has reached the eighth, he cles containing fixteen fingers of earth, but the ninth either maller or larger than the reft: then they worship the deities in the mode prescribed by the Saftra, prefent oblations to the fire, and having a second time worshipped the Gods, read the appointed mentra's. The person to be tried then performs an ablution, puts on moist clothes, and, turning his face to the East, stands in the first ring, with both his hands fixed in his girdle; after this the prefiding magistrate and Pandits order him to rub some rice in the husk between his hands, which they carefully inspect; 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 distinguished from any new mark. They next order him to hold bath his hands open and close together; and, having put into them seven leaves of the trembling tree, or pippal, seven of the fami or jend, seven blades of darbha grass, a little barley moistened with curds, and a few flowers, they faften the leaves on his hands with seven threads of raw cotton. The Pandits then read the slocas which are appointed for the occafion; and, having written In the year of the Meffiah 1783, a man was tried by the hot ball at Benares in the presence 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 magistrates and Pandits to prevent the decifion of the question |