48 On Ordeals. [No. 1, 



with white and black flowers, and having taken the five products of 

 the cow, (pronouncing) the syllable Oni, and sprinkling (the images) > 

 lie lays each of the images, Dharma together with white flowers and 

 Adharma together with black flowers, into a heap of earth and places 

 (these two heaps) in a new jar. The judge then performs the ceremonies 

 beginning with the bringing near of Dharma and ending with the 

 burnt-offering, prepares a Pratijnapatra on which also the Mantras 

 are written, and ties this leaf to the forehead of the accused. The 

 accused saying, " If I am pure of guilt, may (the image of ) Dharma 

 come into my hand," takes one of the two (heaps) in the jar. If he 

 has taken the image of Dharma, he is to be considered innocent. After- 

 wards he should give a present (to the Brahmans). 



Now (follow) the oaths. 



Manu : " Let the judge make a priest to swear by his veracity ; a sol- 

 dier by his horse, or elephant, and his weapons ; a merchant by his kine, 

 grains and gold ; a mechanic or servile man by (imprecating on his 

 own head if he speak falsely) all possible crimes." 



Brihaspati (says) : 



•' In small causes oaths by (the accused's) veracity, vehicles, arms, 

 kine, grain, or gold, by the feet of the gods or Brahmans, by the 

 (accused's) sons' or wives' heads are prescribed, but in accusations of 

 crimes attended with violence the other ordeals are declared to be the 

 means of proving (the accused's) innocence." 



Yajnavalkya (says) : 



" He shall be considered innocent, without doubt, to whom within 

 a fortnight (after his taking the oath) no dreadful misfortune, caused 

 cither by the king or the gods, happens." 



Dreadful (ghora) means great, because a small (misfortune) is 

 unavoidable for men ; thus (it is written) in the Mitaxara. 



Katyayana also (says) : 



" He, to whom within a fortnight no dreadful misfortune from the 

 king or from gods happens, is to be considered cleared by the oath." 

 Vyasana means apat, misfortune. Ghora (dreadful) means exceedingly 

 painful, because small (misfortunes) are incidental to all creatures 

 possessing a body. 



Again Katyayana (says) : 



" But now, if a misfortune coming from god happens to the accused 



