1866.] On Ordeals. 15 



" The scales, fire, water, poison and consecrated water are the 

 ordeals (used) here (in lawsuits) for exculpation, if the plaintiff binds 

 himself to abide by the award (Cirshakastha means ready,) and to 

 suffer the punishment, which the defendant would suffer in case of 

 defeat. 



Pitamaha (says) : 



" Let him (the judge) order the scales, etc. for those, against whom 

 the accusation is urged with great confidence ; rice grains and consecrated 

 water he should order in doubtful cases." 



Avashtambha (means) confidence. 



According to this passage (of Pitamaha) consecrated water may be 

 used when the plaintiff is full of confidence, (as well as when he is) 

 doubtful. 



In the Kalikapurana (we read) : 



u In case of an accusation of adultery, of theft, of a connexion 

 with women (the intercourse with whom is) forbidden, or of a 

 Mahapataka or of high treason, let an ordeal take place. 



" When there is conflicting evidence or (any other) dispute, or if a 

 blame is attached to the plaintiff, then shall the king order the ordeal 

 (to take place) after the plaintiff has declared himself ready to suffer 

 the punishment (of defeat). When there are many witnesses in an 

 action for adultery, let the defendant undergo the ordeal, in order to clear 

 himself without any additional punishment." 



Women, the connexion with whom is forbidden (ctgamydli) are others 

 than married women ; such as common prostitutes. 



' Qaste' means ' in the case of an accusation.' 



1 Sahasam' means ' a crime perpetrated by violence.' 



' Avarnah' means ' blame.' 



' Qirah (head) means c punishment.' 



The specification of the accusation by the words ' for adultery,' is 

 unnecessary, because this accusation has been already mentioned. Like- 

 wise are the words ' where there are many witnesses' (unnecessary). 

 Therefore an ordeal may take place in every action, even if witnesses 

 be wanting. The indication of the object of the ordeal by the words 

 " in order to clear himself," is proper only, (if the passage be to her) 

 in this (sense). And it is a common saying, " In actions for high trea- 

 son and accusations of an offence which causes loss of caste (the defen- 



