8

8. If he lets the ball drop from fear, before having reached the last circle, or if the examination of his hands has yielded no definite result, the whole proceeding has to be repeated.

285. Other legislators state that each circle shall be thirty-two Ahgulas broad together with the space situated between it and the next circle. In par. 299 it is said that the breadth of each circle shall equal the length of the defendant's foot. This rule, according to the commentators, refers to the circle minus the inter- mediate space between it and the next circle, and means that a

every two circles is ordained to measure thirty-two Arigulas.

* 286. Thus the space covered by the eight circles will measure two hundred and fifty-six Aiigulas.

* 287. He should place seven leaves of the holy fig-tree in the hands of the defendant, and should fasten the leaves (on his hands) with seven threads.

* 288. A professional blacksmith, who has prac- tice in working with fire, and whose skill has been tested on previous occasions, should be caused to heat the iron in fire.

* 289, 290. An iron ball fifty Palas in weight having been repeatedly made fiery, sparkling and red-hot, a pure Brahman who reveres truth, should address it as follows, when it has been heated thrice: * Listen to the law of Manu, which is superintended by the guardians of the world (themselves).

^'' 291. Thou, O fire, art the means of purification and the exalted mouth of all the gods. Thou, dwell- ing in the heart of all beings, knowest this affair.

* 292. Truth and falsehood proceed from thy tongue. Deign not to show thyself unworthy of the character thus attributed to thee in the Vedas and other books.

* 293. This man (the defendant) has been thus addressed by that man (the plaintiff), and has denied

circle shall equal the defendant's foot in breadth, where the foot is longer than sixteen Ahgulas. Pitamaha says that the outlines of the circles shall be marked with cow-dung.

288. 'A professional blacksmith,' not one officiating temporarily in that capacity. A.

289, 290. The Viramitrodaya says that the iron ball shall be put into cold water, after it has been heated for the first and second times.

the charge, (declaring) *' I will seize the fire, in order to show that it is all untrue."

* 294. Thus confiding in truth, this man is holding thee. Therefore, O fire, be cool for him, if he speak the truth. If, however, he should tell a lie, as a sinner, I implore thee, to burn his hands.'

* 295. This prayer having been carefully written on a leaf and recited, he should fasten the leaf on his head, and after having done so, should then give him the iron ball.

* 296. Having bathed and stepped into the space covered by the (eight) circles, he should seize the fiery ball, take his stand in one circle, and walk slowly through the seven others.

* 297. (The man) must not put it down again till he has passed through the whole of the measured ground. On reaching the eighth circle, he may drop the fiery ball.

* 298. That man who lets the ball drop from fear, or who cannot be proved to have been burnt, shall take the hot iron once more; this is a fixed rule.

^'' 299. Each circle should be made as broad as his foot. He must not go further than the breadth of one circle with one step, nor must he remain behind it.

300. In this way the ordeal by fire should always be performed. It is adapted for every season except summer and very cold weather.

* 301. All sores or scars on his hands should be marked with signs previously, and one should ex- amine the hands again afterwards (and look after) the dots with which (the sores) have been marked.

* 302. If it does not appear whether (either of) the two hands is burnt, he shall take and seven times crush grains of rice in his hand, with all his might.

^ 303. The grains having been crushed by him, if the members of the court should declare him to be unburnt, he shall be honourably released as being innocent. If he is burnt, he shall receive due punishment.

304. I will now proclaim the excellent law regard- ing the (ordeal by) water, (which may be performed at all seasons) one after the other, excepting the winter and dewy seasons.

'' 305. (This ordeal may be performed) in streams

302, 303. The crushing of grains of rice serves the purpose of making visible such wounds as might have been overlooked previously. Here ends the section of the ordeal by fire. A.

305-317- Vish«uXII; Ya^navalkya II, 108, 109.

The ordeal by water may be briefly described as follows: I. This ordeal should be either performed in a tank or in a river which has no swift current. 2. Three arrows should be discharged from a bow of middling size. 3. After that, a strong man should enter the water as far as his navel. The defendant should seize him by the thigh and dive under water. 4. A swift runner should be sent after the second arrow. When he has reached the place where it has fallen, another equally swift runner should be sent back with it to the place where the defendant has entered the water.

5. The defendant is declared innocent, if he has remained under water till the arrow has been brought back. He is declared guilty, if any one of his limbs have been seen, or if he were to emerge from the water in a different spot from that where he entered it.

6. During the proceeding, a prayer is addressed to the deity of water, in which it is asserted, that fire arose from water, and that the water ordeal is superior therefore to the ordeal by fire.

305. The winter season comprises the months Agrahayawa and

which have not too swift a course, in oceans, in rivers, in lakes, in ponds dug by the gods, in tanks, and in pools.

^^ 306. The diving shall take place after three arrows have been discharged from a bow which must not be too strong. Wise men (have declared) what its strength should be.

''^ 307. A strong bow is declared to be 107 (Angulas) long, a moderate bow 106, and an inferior bow 105 (Angulas). This is declared to be the rule regarding the bow.

* 308. A strong man should be placed like a pillar in water, reaching to his navel. The defendant should seize him by the thigh and dive under water.

Pausha. The dewy or cold season (^S'ijira) comprises the months Magha and Phalguna. It appears, therefore, that the ordeal by water must not be performed during the period extending from the middle of November to the middle of March, i. e. during the cold weather. This is no doubt because the low temperature of the water during the cold weather might affect the capacity of the defendant to hold out under water sufficiently long.

306. Devakhata, ' a pond dug by the gods,' denotes a natural hollow or lake. (BShtlingk's Dictionary.) Nandapaw^ita, in his Commentary of the Vishwu-smn'ti (LXIV, 16), gives the well- known lake of Pushkara, near A^mir, as an instance of a Deva- khata.

307. It seems strange that the difference in length between the bows should not amount to more than one Ahgula or inch. The commentators take the three numerals in this paragraph to denote 105, 106, and 107 respectively, and I have translated in accordance with this interpretation. It is, however, possible to translate the three numerals by 500, 600, and 700 respectively, and to refer them to the number of Hastas (i Hasta=i8 inches) traversed by each of the three arrows. According to another text, which is wrongly attributed to Narada by some commentators, the arrows shall be shot at a target, which has to be placed at a distance of 1 50 Hastas from the marksman.

* 309. From the place where the arrows have been discharged, a young man endowed with swift- ness of Hmb should walk as quickly as possible to the place where the middlemost arrow has fallen down.

*3io. Another man, who must be an equally swift runner, should seize the middlemost arrow and return with it quickly to the place from which the (first) man has proceeded.

311. If he who took the arrow does not see the defendant in water on arriving, because he is com- pletely under water, the defendant must be acquitted.

* 312. Otherwise he is guilty, though only one limb of his have become visible. (He is pronounced guilty) equally, if he has moved to a different place than that where he was first immersed.

* 313. Women or children must not be subjected to the ordeal by water by persons acquainted with the law; nor sick, superannuated, or feeble men.

* 314. Cowards, those tormented by pain, and per- sons afflicted by a calamity should also be held exempt from this trial. Such persons perish imme- diately after diving, because they are declared to have hardly any breath.

*3i5. Should they even have appeared before the court on account of a serious crime, he must not cause them to dive under water, nor must he subject them to the ordeal by fire, or give them poison.

* 3 1 6. * Nothing is more capable than water and fire of showing the difference between right and wrong.

316, 317. These two paragraphs contain the prayer by which the deity of water should be addressed. A. Vish«u XII, 8; Ya^wa- valkya II, io8.

Because fire has arisen from the waters, therefore suspected persons

* 317. Are subjected to this proof by preference, by persons thoroughly conversant with the law. Therefore deign, O venerable Lord of Waters, to effect acquittal through truth.'

* 318. Now I shall proclaim the excellent rule re- garding the ordeal by poison: at what time, in what manner, and in what form it should be administered.

*3i9. The exact quantity of the poison (to be given) having been fixed by persons conversant with the essence of law, it shall be weighed, and given to the defendant in the autumn season, when winter sets in.

320. A man acquainted with law, must not (ad- minister this ordeal) in the afternoon, nor in the

318-326. The ordeal by poison consists of the swallowing of a mild poison by the defendant. He is innocent if he digests the poison without being affected by it. Vishwu XIII; Ya^wavalkya II, 1 10, 1 1 1.

319. The autumn season, -Sarad, comprises the two months of Ajvina and Karttika, or from middle of September to middle of November. The winter season comprises the two months of Aprahaya;2a and Pausha, or from middle of November to middle of January. Mitramij-ra, who quotes this text in the Viramitrodaya, asserts that the term ' the winter season * must be taken in this place to include the dewy season,.Sijira, as well, i.e. the time from middle of January to middle of March.

320. Though the season of -5'arad has been referred to in par. 319, it must be reckoned among the prohibited seasons according to par. 320. A. This observation seems to be just, because the performance of this ordeal in the -S'arad season is prohibited in par. 324 as well. Vasanta, the spring season, extends from middle of March to middle of May. Grishma, the hot season, extends from middle of May to middle of July. Varsha, the season of the rains, extends from middle of July to middle of September.

twilight, nor at noon. It must be avoided, likewise, in the autumn, summer, spring, and rainy seasons.

*32i. Spoiled poison, shaken poison, scented and mixed poison, as well as KalakO/a and Aldbu poison, should be carefully avoided.

*322. Poison from the 6Vmga plant, which grows in the Himalayas, of an excellent quality, having (the required) colour, flavour, and taste, and preserving its natural condition, should be given to members of the Kshatriya, Vai^ya, and 6'udra castes.

* 323. Let him give to the defendant one-eighth less than the twentieth part of a sixth part of a Pala of the poison, mixed with clarified butter.

* 324. Six Yavas should be given in the rainy season; five Yavas in the hot season; seven or eight in the winter season; in the autumn season this ordeal must not take place.

* 325. * Thou, O poison, art the son of Brahman.

321. Spoiled, shaken, scented, and mixed poison should be avoided, because it has been changed from its natural state (into something different). Kalakii/a and Alabu poison should be avoided, because it is too strong. A. Kalak^/a is a certain deadly poison contained in a bulbous root or tuber. According to a well- known myth, the Kalak{i/a poison was produced at the churning of the ocean, when it threatened to destroy the whole world, and was therefore swallowed by -S'iva. Alabu is the bottle-gourd.

323. There are 960 Yavas to a Pala. The fraction, therefore, is as follows: — 960 • ^ • -^ • f=7 Yavas. In par. 324, the author says that seven or eight Yavas of poison should be given in winter, i. e. in that season when this ordeal is ordinarily administered. Vishwu lays down generally that seven Yavas of poison should be given.

324. This rule shows that the prohibition which has been levelled in par. 320 against the performance of this ordeal in the rainy and summer seasons, must not be interpreted too strictly.

325. This is the prayer which should be addressed to the poison. A.

Truth and virtue are thy support. Clear this man from guilt. Become (like) Ambrosia to him, through truth.'

* 326. Let the man be kept in a shadowy place without taking food, for the whole remainder of the day. If he remains free from convulsions such as are generally caused by poison, he is declared innocent by Manu.

* 327. Now I shall proclaim the excellent rule regarding the ordeal by sacred libation, as it has been laid down, for all seasons indiscriminately, by learned men.

* 328. The consecrated water shall be given, early in the morning, to a virtuous man, who believes in God. He must have fasted and bathed, and wear his wet clothes.

* 329. The defendant should be made to drink three mouthfuls of water in which (an image of) the deity whom he holds sacred has been bathed and worshipped.

* 3 30. If he should meet himself with any calamity

326. Here ends the chapter of the ordeal by poison. A. 327-333. Vish«u XIV; Y%wavalkya II, 112, 113.

327. The ordeal by sacred libation is performed by swal- lowing three mouthfuls of consecrated water in which an idol has been bathed. The defendant is declared innocent, if no misfortune befalls him within a certain period after this trial.

328. Immoral persons and infidels must not be subjected to this ordeal, because they are already deprived of the assistance of the gods in every case. A. Read piirvahwe in the text.

330. If any misfortune should happen to him, through the act of the king or through fate, it shall be taken as proof of his guilt. A. Other legislators refer in particular to illness, fire, death

within a week or a fortnight (after having under- gone this ordeal), it shall be regarded as proof of his guilt.

*33i. If a great misfortune even should befall him after the lapse of a fortnight, he must not be harassed by any one, because the fixed period has elapsed.

* 332. The drinking of consecrated water should be avoided in the case of great criminals, irreligious or ungrateful men, eunuchs, low rascals, unbelievers, Vrdtyas, and slaves.

333. A righteous king, who administers the five ordeals to persons charged with a crime in the way which has been stated, acquires prosperity both in a future state and in this life.

* 334. The ordeal by water is destined for the hot season. The ordeal by poison (should be admin- istered) in very cold weather. A Brahman should be tested by the balance, fire is reserved for the Kshatriya.

* 335. The ordeal by water should be administered to the Vai^ya. Poison should be given to the.Sudra. He must not give poison to the Brahman, nor should a Kshatriya take the (hot) iron.

of a relation, or punishment inflicted by the king. Nor is every sort of disease to be considered as proof of guilt. It is obvious that the inclusion of a punishment inflicted by the king amoag the proofs of guilt tends to place the defendant at the mercy of the sovereign power.

332. All the various categories of persons that are mentioned here as unfit for the performance of this ordeal are so because they are already deprived of the assistance of the gods in every case. A. Vratyas, those who have not been invested with the thread.

333. The term * persons charged with a crime ' may denote both real off"enders, whose off"ence has remained secret, and wrongly accused persons. A.

336. The (five) ordeals, ending with the sacred libation and beginning with the balance, should be administered In the case of heavy charges. One hundred and fifty {Pa;/as) should be given (to the defendant) If he has been acquitted. One who has not been acquitted is liable to punishment.

* 337. Now I will proclaim the rule regarding the grains of rice which have to be chewed (by the defendant). This rice ordeal should be administered in cases of larceny, but on no other occasion what- soever. That is the law.

* 338. Let the judge, who must have cleansed him- self previously, use white grains of rice, but not (the grains) of any other fruit, and let him place them in an earthen vessel in the sight of (an image of the deity of) the sun.

339. After having mixed them with water in which (an image of the sun-god) has been bathed, he shall leave them in that place for a night. At daybreak, after having prepared them three times, a worshipper of the gods shall give them himself

340. (To the defendant), who must be facing the east and must have bathed and fasted, after having proclaimed the charge himself, in order that right may be discerned from wrong.

337-342. The rice ordeal consists of chewing a number of grains of rice in the husk. If the tooth-flesh is hurt and if blood issues forth, or if the man is seen to be trembling during the pro- ceeding, it is viewed as a proof of guilt. Otherwise he is acquitted.

339. Should the reading be tri^ kn'tva^ '(he shall give them) thrice? '

* 341. When the defendant has chewed the grains, he shall cause him to spit them on a leaf. If a leaf of the holy fig-tree be not available, he shall take a leaf of the birch-tree (for that purpose).

* 342. Should blood issue forth, or the tooth-flesh be hurt, or the limbs shake, he must be pronounced guilty.

343. Now I shall give a description of the ordeal of the hot piece of gold, which has been ordained by Brahman himself for the purpose of distinguishing virtue from vice.

* 344. (The judge), after having cleansed himself, shall quickly pour clarified butter into a golden, silver, iron, or earthen vessel, and shall place the vessel on the fire.

* 345. He shall throw into it a shining coin, made of gold, silver, copper, or iron, after having washed it in water more than once.

* 346. Should (the coin) ever drop into the boiling (mixture), it would be a very dangerous thing to touch him (the fire?). Therefore he must address the clarified butter with the following prayer:

* 347. 'Thou art the best instrument of purifica- tion, O clarified butter, and (comparable to) Am-

343-348. The ordeal of the hot piece of gold (Taptamasha) derives its name from the gold coin (masha) or signet-ring (mu- drika), which those who are tried by this ordeal are required to pick out of a vessel filled with a boiling liquid, with the thumb and forefinger. They are declared innocent, if the hand remains un- hurt.

346. The reading of the first half of this paragraph is quite un- certain, and the above rendering conjectural.

brosia at a sacrifice. Burn this man at once if he is criminal, and be as cold as ice to him if he is innocent/ '"' 348. If, on touching and examining the forefinger (of the defendant) it is found to be unhurt and to show no boils, he is innocent. Otherwise, he is not (innocent).

^'' I. Where a man entrusts any property of his own with another in confidence and without suspicion, it is called by the learned a Deposit, a title of law.

2. A sensible man should make a deposit with one who belongs to a respectable family, and who is virtuous, acquainted with his duties, veracious, influential, wealthy, and honourable.

3. In whatever manner a man may have delivered

348. Some writers refer to two further ordeals, besides the seven kinds mentioned by Narada. One of them is the ordeal of the red-hot ploughshare, which the defendant is made to Hck. The other consists of drawing lots.

II, I. With one in whom he places no confidence, a man will not deposit a single cowry even, without the guarantee of a written receipt or of witnesses. On the other hand, he will deposit a thousand Suvarwas even, without a receipt or witnesses, with one in whose honesty he places implicit reliance. A.

2. A prudent man may entrust a deposit to one endowed with the seven qualities here mentioned, because he feels sure that he may recover his property at any time. A. The term mahapaksha, ' influential,' means literally one who has many friends and relations. Identical with Manu VIII, 179.

3. Thus, e. g. a sealed deposit must be returned with the seal, a deposit made before witnesses must be restored in the presence of the same witnesses. See Jolly, translation of Book VIII of the Code of Manu. Identical with Manu VIII, 180.

any of his effects to another, in the same manner shall that article be restored to him. Delivery and receipt ought to be equal.

4. If the depositary fails to restore the deposit to the depositor as he ought, he shall be compelled to restore it by forcible means, after his guilt has been proved by ordeals or other (modes of proof).

^^5. If one article hidden in another is deposited in another man's house, without stating (what it is), it is termed an Aupanidhika deposit.

* 6. Deposits are again divided into two species, attested and unattested ones. They must be restored precisely in the same condition (as they were in at the time of their delivery). Otherwise an ordeal must take place.

* 7. The wicked man who does not return a deposit, on being asked to do so by the depositor, shall be punished by the king. If the deposit has

4. Where the depositary, actuated by interested motives, refuses to restore the deposit, and is convicted of his guilt in a court of justice, by an ordeal or by other proof, he must restore it and pay twice its value as a fine. A. Manu VIII, 190.

5. 'One article hidden in another,' such as e.g. a pearl neck- lace tied up with a particular sort of knot in a cloth. Such a deposit must be restored in the same condition as before, and tied with those veiy knots with which it was originally delivered. A. Ya^Tlavalkya II, 65.

6. If a deposit has been handed over to the depositary in the presence of witnesses, it must be restored before witnesses. If no witnesses were present at the time of its delivery, they may be equally dispensed with at the time when it is returned to the depositor. If it is not returned to him, the depositary must perform an ordeal or make an oath, &c. A.

7. The last clause concerns a deposit which has not been returned on demand. In that case, a calamity arising through fate or the king affects the depositary, and not the depositor. A. Manu VIII, 191; Vish«u V, 169-17 1.

been lost or destroyed, he shall make good its value.

^'"^ 8. If he derives profit from a deposit, by using it without the consent of the depositor, he shall be punished likewise, and shall restore the profit, together with interest, to the depositor.

'"' 9. If a deposit is lost, together with the property of the depositary, the loss shall be the depositary's. The same rule shall obtain, if the. loss has been caused by fate or by the king; unless (the de- positary) should have acted fraudulently.

10. The depositor being dead, if the depositary restores the deposit to his next-of-kin, of his own accord, he must not be harassed either by the king or by the relations of the depositor.

11. (The rightful owner) shall try to recover it amicably, without resorting to stratagems. Or he shall explore (the depositary's) mode of living, and cause him to restore it by friendly expostulations.

8. If the depositary without the knowledge of the depositor derives gain from the use of the deposit he shall be punished, and shall make over his gain, together with interest, to the depositor. A. Yaj^ilavalkya II, 67.

10. If, the depositor being dead, the depositary through honesty restores the deposit to his nearest relative and heir, without having been asked to do so, or without the existence of the deposit being known to the heir, he must not be harassed by the relatives of the depositor asserting, ' He has not restored all,' or by the king. A. Manu VIII, 186. '

11. Narayawa, in commenting on Manu VIII, 187, observes that this rule applies to one who believes a deposit to be with another, but has not made it over himself. He shall try to recover the deposit amicably; or he shall ascertain whether the depositary has made extraordinary expenses, and may therefore be suspected to have embezzled the deposit. Other commentators explain this text in a different manner, See Professor Biihler's note on Manu VIII, 187. Nearly identical with Manu VIII, 187.

12. What has been stolen by thieves, carried away by water, or burnt by fire, need not be restored (by the depositary), unless he should have appro- priated something out of It.

* 13. He who fails to restore a deposit, and he who demands what he never deposited, shall both be punished like thieves, and shall be made to pay a sum equal (in amount to the value of the deposit).

* 14. The same law applies in the case of Ya/^ita, Anvahita, and other such deposits, articles made over to an artist, Nyasa and Pratlnyasa deposits.

*" 15. If a man takes charge of a wealthy boy, the law is also the same. These six cases are equal (from a legal point of view).

12. If, however, he is convicted, by the performance of an ordeal, of having derived some profit from the deposit, he shall restore his gains. A. Nearly identical with Manu VIII, 189.

13. Either of the two criminals here mentioned must be punished like a thief and pay the value of the deposit as a fine. A. Nearly identical with Manu VIII, 191.

14. Ya^ita is what has been borrowed for use, especially clothes and ornaments, which have been borrowed on the occasion of a wedding or other festival. Anvahita is a deposit, which has been delivered by the depositor to a third person, on condition of its being returned afterwards to the owner. 'Articles made over to an artist' are materials to be worked by an artizan, as e.g. gold delivered to a goldsmith to be made into an earring. Nyasa is a secret deposit, which has been handed over to some one inhabitant of the house, behind the back of the house-owner. Pratinyasa is a mutual bailment, both parties exchanging deposits with one another. Asahaya, Vi^wane^-vara, Mitramij-ra, &c. Ya^wavalkya II, 67.

15. If a man takes a wealthy boy who has no guardian into his house, the property of the boy is subject to the above rules re- garding deposits. A.

* I. Where traders or others carry on business jointly, it is called Partnership, which is a title of law.

* 2. Where several partners are jointly carrying on business for the purpose of gain, the contribution of funds towards the common stock of the associa- tion forms the basis (of their undertakings). There- fore let each contribute his proper share.

^^ 3. The loss, expenses, and profit of each partner are either equal to those of the other partners, or exceed them, or remain below them, according as his share is equal to theirs, or greater, or less.

* 4. The stores, the food, the charges (for tolls and the like), the loss, the freight, and the expense of keeping valuables must be duly paid for by each of the several partners, in accordance with the terms of their agreements.

""' 5. (Each partner) is responsible for what has been

III, 2. Thus, e. g. a principal amounting to 1000 Drammas is invested in their common business by four partners. One con- tributes one-half of the principal, i.e. 500 Drammas. Another contributes one-fifth, i.e. 200 Drammas. A third contributes 200 Drammas Hkewise. A fourth contributes 100 Drammas. The per- centage of the gain and of the charges will be in accordance with the share contributed by each partner. A.

4. The expense incurred by the purchase of merchandise, for food, &c., has to be defrayed by all the partners in due shares, according to the terms originally agreed on, and the several shares contributed by them. A.

5. He who causes the loss of funds contributed by all the partners must make it good, and so must he who has infringed

lost by his want of care, or in consequence of his acting against the instructions of, or without autho- rization from, all the other coparceners.

* 6. Where the property of the partnership is in danger through fate, through a gang of robbers, or through the king, the tenth part of the goods shall belong to him who has preserved them through his own exertion.

* 7. Should one partner meet with an accident, his heir shall replace him; or on failure of an heir, another man, or all (the partners) if they are capable (of becoming his substitute).

^8. In the same way, where an officiating priest has met with an accident, another (priest) shall officiate for him, and receive from him his part of the fee to the stipulated amount.

■^'^ 9. Where an officiating priest forsakes a sacri-

the rules of the society, or who has caused a loss by acting without authorization from his partners. A. Ya^?^avalkya II, 260.

6. If any one member of the society exerts himself to guard their common property against a fire, or against a gang of robbers, or against an encroaching prince who wants to seize it, he shall receive a tenth part of it, as a reward for his trouble. A. Ya^wa- valkya II, 260.

7. Should any one among the partners die, his sons or other heirs shall take his share. Failing heirs, it shall belong to any other partner, who is able to officiate for him. Or, if all are able to officiate for him, they all shall take it together. A. Ya^navalkya II, 265.

8. If among several officiating priests one should meet with a calamity, his share of the work shall pass to another, and the stipulated fee shall also belong to his substitute. A. Manu VIII, 206.