1866.] On Ordeals. 27 



VriddhiJi (lit. increase, means) rising 1 . Hani (lit. abandonment 

 means) sinking. 



Pitaniaha (says) : 



" If (the scales remain) even, (the judge) should know that he is 

 a little guilty ; hut a very guilty man sinks." 



The smallness (of the guilt is implied, if the accused has) committed 

 a crime once (or) without intention. 



But when it is asserted in the (scroll of impeachment) which he 

 wears on his forehead, that the crime has been (either) committed only 

 once or without intent, and there is a conflict of evidence regarding 

 the crime only, then, if the ordeal has been instituted and evenness 

 (of the scales has been the result), it must be repeated, because in such 

 (a case) the fault cannot be a small one. 



Therefore Brihaspati (says) : 



" A man who (remains) level with that (counterweight) should be 

 weighed again ; a man who rises shall have won (his cause)." 



Katyayana names another reason for repeating (the ordeal) : 



" If the scale, or the beam, or the string should break, or if there 

 should be a doubt about the guiltlessness (of the accused), he (the 

 judge) should examine the man again." 



Vyasa (says) : 



" If the scale, or the beam, or the two hooks, or the string or the 

 upper beam (which joins the two posts) break, the king should allow 

 (the accused) to try to clear (himself) a second time." 



But these (opinions of the lawyers) refer (to cases) where the 

 reason for the breakage is visible. But if no reason for the break is 

 apparent, he is certainly guilty. 



For in another Smriti (we read) : 



" If the scales, or the beam, or the two hooks, or the string, or the 

 upper beam, should break, then he shall declare (the accused) guilty." 



Kaxa the basins of the scales. 



Axa (axle, means) the upper beam (joining the two feet or side 

 beams) which holds the scale beam. 



The eastern (lawyers say) : 



" Only the weighing is repeated, not the whole ceremony with (all 

 its) parts (as prayers, etc.)" 



Madana (says) : 



