Quotations From Narada. Vi. Ordeals
*
"The Minor Law Books (SBE33)", by Julius Jolly, [1889],
Vi. Ordeals.
1. 1 Let (the defendant) touch the heads of his sons, wife, or friends; or else the (ordeal by) sacred libation (may be performed), whatever the nature of the charge may be.
2. 2 It is on the claimant that the duty of declaring his readiness to take on himself the penalty (to be awarded to the losing party) devolves in every case. Or the ordeal may be performed by either party at pleasure, the other party consenting to give the penalty (to be awarded in case of defeat).
3. 3 To persons suspected by the king, or denounced (as criminals) by (intercourse with) robbers, or intent on their own justification, an ordeal must be administered without binding (an opponent) to give the penalty.
4. 4 (The performance of) an ordeal is ordained in
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important cases, when people are engaged in a controversy; an ordeal must not be administered when there is no one ready to take the punishment on himself.
5. 5 Justice is based on truth, and litigation (depends) on witnesses. When a case admits of divine test, human evidence (the testimony of witnesses) or documents must not be resorted to.
6. 6 The (ordeal by) sacred libation has been declared by the wise to be applicable to all (castes), and poison (to all castes), excepting the Brahman (caste). (Either the balance is reserved for Brahmans), or the balance may be administered to (members of) every caste.
7. 7 The (ordeal by) sacred libation may be administered in every case. The (ordeal by) balance is admissible in every season.
8. 8 Eunuchs, distressed or feeble persons, the severely afflicted, infants, old men, women, and the blind should be tested by the balance always.
9. 9 (The ordeal by) poison is not destined for
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women, nor is (the ordeal by) water fit to be administered to them; it is through (the ordeals by) balance, sacred libation, and others that (the judge) must explore the true state of their minds.
10. 10 Let (the judge) test strong men by fire, water, or poison, and let him test infants, old or distressed men by the balance.
11. Let (the judge) avoid (the ordeal by) fire in the case of lepers, (the ordeal by) water in the case of the asthmatic, and (the ordeal by) poison in the case of bilious or phlegmatic persons.
12. 12 In the season of the rains, let the (ordeal by) fire be administered; also in the cold and chilly seasons. In the summer season, the (ordeal by) water is the proper (kind of ordeal). Poison (is destined) for the cold weather.
13. 13 The chilly, cold, and rainy seasons are declared to be (the proper seasons) for the (ordeal by) fire; the autumn and summer seasons, for the (ordeal by) water; the (ordeal by) poison, (is fit) for the cold and chilly seasons.
14. 14 The months of "K"aitra (March-April), Mrga"s"rsha (November-December), and Vai"s"kha (April-May)
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are proper months for all (ordeals), and not adverse to any kind of ordeal. (Ordeals must) never (be administered) in the afternoon, nor in the twilight, nor at noon.
15. 15 Ordeals administered at an improper place, or at an unsuitable time, or performed at a distance from human habitations, constitute a deviation from the proper course of a lawsuit, this is certain.
16. 16 The chief judge must superintend the whole of the proceedings at an ordeal, fasting and obeying the king's instructions in the same way as an Adhvaryu (priest officiates) at a sacrifice.
17. 17 The chief judge, who must be a Brahman, thoroughly versed in the Vedas and Vedgas, instructed in sacred learning and of religious conduct, tranquil-minded, unambitious,
18. Fond of veracity, pure, able, delighting in the welfare of all sentient beings, having kept a fast, clad in his moist garments (after a bath), having cleansed his teeth, should worship all deities according to rule.
19. 19 With red perfumes and garlands, as well as
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with curds, cakes of flour, fried grain and other (offerings), he should first worship the balance, and then show honour to the others.
20. 20 The balance and the other ordeals ordained by the sages should be administered by the king by consent of the claimant, but not otherwise.
21. When they are performed otherwise (the claimant not giving his consent), he incurs the same guilt as a thief.
22. 22 I will state next the excellent rule regarding the (ordeal by) balance, as the king and the chief judge should administer that ordeal to a man (arraigned in a cause).
23. 23 The two posts supporting the beam of the balance should measure four Hastas above ground, their (entire) length should be six Hastas.
24. 24 The king should cause a wooden beam of the balance to be made, which must be four Hastas long,
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polished, furnished with the. required characteristics, and having the two scales suspended by both extremities.
25. After having caused two posts to be erected, on even ground, which must be placed from north to south, and must be arranged both in one line, he shall cause the beam of the balance to be fastened across (the transverse beam which connects) them.
26. With an iron cord let a virtuous man surround the beam in the middle and fasten it in an east-western direction, after having carefully connected it (with the transverse beam).
27. 27 The (appointed) examiners have to take care always that the two perpendiculars of the balance should be equal in length. Water must be poured out on (the beam of) the balance by skilled persons.
28. If the water does not trickle down (from the balance), the balance may be considered as being level.
29. 29 With red perfumes and garlands, as well as with curds, cakes of flour, fried grain and other (offerings, the judge) should first worship the balance, and then show honour to the others.
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30. 30 (The person accused being about to be placed in the scale for the second time, the judge should address the balance as follows): 'Thou, O Balance, hast been created by Brahman, to test the wicked. On account of the syllable dha thou art the image of Dharma (Justice), on account of the syllable "t"a, thou
31. Being used for balancing (dh"ri"ta, in this ordeal) discoverest the vicious. Therefore thou art called dha"t"a (balance).'
32. 32 If (the person) remains level (sama), he is considered to be in a middling position (samat). If he comes down, he loses his cause. He who goes down is not innocent; he is innocent who goes up.
33. He who remains level is also not acquitted. These are the three possible cases in the (ordeal by) balance. Thus has been declared the never-failing acquittal (obtainable) through the test by balance.
34. 34 When (the scales fixed) at the two extremities of the beam have been moved, when the mark which had been made has come off, when (the balance) is going up and down, being agitated by wind,
35. Or when (the man appointed to hold it) lets it
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go all of a sudden: (in all these cases) the matter in dispute must not be decided either way.
36. 36 Now then I will proclaim the excellent rule regarding the (ordeal by) fire, as it has been declared (by the sages). The intermediate space between two circles is ordained to measure thirty-two Agulas.
37. 37 The seven circles are thus declared by persons thoroughly conversant with the art of computation to cover a space of two hundred and twenty-four Agulas.
38. 38 Let the peculiar signs be marked which he has on both hands, both visible and invisible ones, whether caused by a scar or not caused by a scar.
39. 39 After having first marked in this way the hands of the person accused, he should offer clarified butter in fire according to rule, as a propitiatory rite, reciting Mantras (at the same time).
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40. The gods and the guardian deities of the world having been hospitably entertained, let (the person accused) utter the following prayer, facing the sun.
41. Thou, O fire, dwellest in the interior of all deities as a flame. Thou conveyest burnt-oblations to the gods, and givest peace of mind.
42. Thou, O God, knowest the secret offences and merits of men. Thou, O deity, knowest whatever mortals do not comprehend.
43. Arraigned in a cause, I am about to be tested by fire. Therefore deign to deliver me lawfully from the perplexity in which I am involved.
44. The man (about to be examined) having made this speech, facing the east, with firmness, his joined hands should be covered with seven equal leaves of the holy fig-tree,
45. 45 And both hands should be tied with seven strings of light-coloured thread.
46. 46 (Then the man) should take a smooth ball of red-hot iron, fifty Palas in weight, in both hands, and step gradually across the seven circles.
47. 47 When a man has carefully stepped through
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the (seven) circles in this way, without having burnt himself in the least, he is acquitted.
48. 48 When he has dropped the ball, his hands should be inspected. If the marks have retained their previous appearance, he should examine (the hands) elsewhere as well.
49. When a bloodshot round stain or any other sore caused by fire is seen, the man has to be considered as guilty, because truth and virtue are not found in him.
50. 50 I will proclaim next the excellent rule regarding the (ordeal by) water. Let a king who is desirous of establishing perfect truth refrain from administering (this ordeal) in winter.
51. 51 With perfumes, garlands, sweet-smelling substances, honey, milk, clarified butter, and the like, let (the judge) perform the worship of Varu"n"a (the deity of water) first of all.
52. 52 Let (the judge) cause this ordeal to be performed
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in transparent and very cool water, which does not contain aquatic animals or mud, and is abundant and not too shallow.
53. 53 Let (a man) go near the bank of the water (in which the accused is to be immersed) and erect an arch as high as the ear (of the person) on the edge (of that water), on level and purified ground.
54. 54 A strong bow should be known to have seven hundred; one not particularly strong, six hundred; a weak bow, five hundred. Thus has the rule regarding the bow been declared.
55. 55 From a bow of a middling quality let a skilful (archer) discharge three arrows, after having made a target one hundred and fifty Hastas distant.
56. 56 (The archer) is blameable if the arrows discharged by him fall short of or go beyond the target. (The person accused) obtains acquittal if his body continues immersed in water after the middling arrow has been (discharged and) brought back.
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57. 57 Among fifty runners, those two who are the quickest runners should be appointed to fetch the arrow.
58. 58 Let a strong man, who may be a Brahman, Kshatriya or Vai"s"ya, and must be free from affection and hatred, be placed in water reaching his navel, (standing erect) like a pillar.
59. 59 (The accused), thoroughly controlled in mind, shall seize the thighs of that man under water, and stand in it composed all the time till the (runner) appointed to fetch (the arrow) has returned.
60. 60 Then let men strictly devoted to veracity and virtue, acquainted with the application of legal rules, and free from affection and hatred, see that everything is fair.
61. 61 An intelligent, pious-minded man should descend into the water and duly address (the deity of water) with the following auspicious texts.
61 b. The sacred prayer (runs as follows). Om, adoration to Justice.
62. 62 Thou, O lord of waters, who art so pleasantly
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cool, art the source of (all) beings. Save this man from guilt, thou knowest both good and evil.
63. 63 Thou art the first of the gods and the great comforter of the world. Thou, O water, dwellest in the interior of all beings, like a witness.
64. 64 Thou, O deity, alone knowest what mortals do not understand. This man, being arraigned in a cause, is going to dive in thee. Therefore deign to deliver him lawfully from this perplexity.
65. 65 Then (the accused) should submerge all his limbs in water so as to become invisible.
66. 66 A prudent man should leave the water, after having seen the arrow brought back, and should approach the king and all the assessors of the court, after saluting them reverentially.
67. 67 Though only his ear, eye, mouth or nose should become visible while he is in water, he cannot be acquitted. If he remains invisible, he obtains acquittal.
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68. 68 Now then I will proclaim the excellent rule regarding the (ordeal by) poison, (stating) how the king should give poison, the best means of purification for a man.
69. 69 Let him give the poison in the presence of (images of) the deities and Brahmans, after having kept a fast and worshipped Mahe"s"vara with incense, offerings, and sacred texts.
70. 70 (The judge) should give the poison with fixed attention, facing the north or the east, in the presence of Brahmans, (while the accused) is facing the south.
71. 71 Let seven Yavas be given, as a test of innocence, without doubt, of poison from the "S"ri"ga tree or Vatsanbha (poison) or Hima"g"a poison.
72. 72 In the morning and in a cool place let the poison be given to all persons, after it has been finely ground, and mixed with clarified butter thirty times the quantity.
73. 73 He must not give poison to infants, disabled or superannuated persons, or to those who have committed a very light offence only, or to a madman, to one severely afflicted, to a cripple, or to ascetics.
74. 74 If the person (examined) undergoes no change
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of appearance during the time occupied by clapping the hands five hundred times, he is acquitted, and should be cured (by giving him antidotes of poison).
75. 75 On account of thy poisonous and dangerous nature thou art hard on all persons. Thou art appointed to show the difference between good and evil like a witness.
76. 76 Thou, O deity, knowest the sacred ordinances and the conduct of men, both good and evil actions, (in short) whatever men do not comprehend.
77. 77 This man being arraigned in a cause, wishes to obtain acquittal. Therefore deign to deliver him lawfully from this perplexity.
78. 78 This prayer should be pronounced according to rule, while the poison is being swallowed (by the person).
79. 79 The king having known the man to be innocent should honourably dismiss him, and proclaim him (innocent) with a loud voice. Thus has the law been laid down.
80. 80 (Let the ordeal by sacred libation be administered) to one who consents to it and puts faith (in
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religion) in the presence of the deities and Brahmans.
81. 81 Having called near the person accused, (the judge) should place him inside the circle and cause him to swallow three handsful of water, after having caused him to face the sun.
82. 82 After having worshipped that deity (to which the accused is devoted, the judge) should wash (the image of that deity) with water, proclaim his crime, and cause him to swallow the three handsful of water.
83. 83 When some one drinks consecrated water of his own accord, after having been charged with a crime, and does not confess his guilt, actuated by avarice, such a wicked man will become a leper (in a future birth).
84. 84 When a man tells a lie knowingly and intentionally, after having drunk consecrated water, he is born as a poor, sick, or foolish person in seven (successive) existences.
85. When a man administers the (ordeal by) sacred libation by force to procure some advantage to himself, it will destroy himself, nor will his affairs prosper.
86. 86 When a man has been convicted (by this
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ordeal) he may be compelled by his creditor himself to repay the debt proved against him, and the king may exact from him with justice a fine amounting to twice as much as the debt.
Footnotes
247:1 Vi, 1. Vram. p. 226; M. Macn. X, 1, 5 (uncertain).
247:2 Vram. p. 228.
247:3 V. T.; M. Macn. X, 1,5 a (uncertain). The Mitkshar explains the term "s"ira"h" or "s"rsha, which has been translated by 'penalty' in this paragraph and in the preceding text, as denoting the head, i.e. the fourth or principal division of a lawsuit, which involves defeat or success, and results in the awarding of a punishment or fine to the losing party. It appears more probable, however, that "s"iras, 'head,' is an equivalent for 'life,' the accuser having to declare his readiness to risk his life, i.e. a heavy punishment, in case of defeat.
247:4 Sm"ri"ti"k". kra"n"e mahati prokta"m" divya"m" vdrthin"m" n"ri"n"m "s"irovart yad na syt tad divya"m" na dyate This is apparently the p. 248 correct reading of the text translated above, Nrada I, 19, 257 (pp. 101, 102).
248:5 M. Macn. X, 1, 7. In actions for debt and the like, though witnesses possessing the required qualifications (such as veracity, &c.) should have been adduced by the plaintiff, an ordeal may be administered, if the defendant proposes an ordeal and promises to give the fine or other penalty to be inflicted in case of his being defeated, because witnesses are subject to the fault of partiality, whereas an ordeal shows the true state of the case, as no fault can be found with it, and is an emblem of justice. M.
248:6 Vram. p. 235. This text comes after Nrada I, 24, 335 (above, p. 117).
248:7 May. p. 18 (text).
248:8 8, 9. Vram. p. 235. In the third Pda of 8, I read blav"ri"ddhstriyondh"m"s"k"a with Sm"ri"ti"k". for blav"ri"ddhturn str"s k"a p. 249 (Vram., "T"o"d".), as the term tura occurs twice under the latter reading.
248:9 M. Macn. X, I, 12 (uncertain); Nepalese Nrada.
249:10 10, 11. Minor Nrada I, 5, 116, 118 (p. 46). For the Sanskrit, see Nrada-sm"ri"ti, p. 112, note. Nearly identical with a text usually attributed to Pitmaha, Vram. p. 237.
249:12 Vram. pp. 239, 240. Nearly identical with Nrada I, 19, 254 (p. 101) and Minor Nrada I, 5, 113, 114 (p. 46).
249:13 13, 14 a. V. T.; M. Macn. X, 1, 10 (uncertain). These two texts are elsewhere attributed to Pitmaha, and it is certainly difficult to reconcile them with 12.
249:14 14 b. Vram. p. 240. In the quotations, this text comes after p. 250 Nrada I, 19, 259 (above, p. 102). 'The prohibition to administer an ordeal at noon has reference to ordeals other than the ordeal by water.' Vram.
250:15 Vram. p. 241; May. p. 18 (text). I read bahirvsak"ri"tni in the second Pda (bahirvdik"ri"tni, May.), and vyabhi"k"ra"m" sadartheshu in the third Pda (vyabhi"k"re sadartheshu, Vram.). 'At a distance from human habitations,' in solitude. Vram.
250:16 M. Macn. X, 1, 8 a; 'Pitmaha,' elsewhere.
250:17 17, 18. Vram. p. 245; M. Macn. X, 2, 18 ('Pitmaha'). I read kuryd in 18, as in Mitkshar, Vivdat"n"d"ava, &c. (k"ri"tv, Vram.). These texts, although generally quoted in the section on the ordeal by balance, seem to contain a rule applicable to every ordeal.
250:19 M. Macn. X, 2, 17, &c. This text is supposed to apply to p. 251 a judge who is about to administer the ordeal by balance to one arraigned in a cause. The term 'the others' is said to relate to Indra and the other deities.
251:20 20, 21. Minor Nrada I, 5, 112, 113 (pp. 45, 46). The second half occurs in the Nepalese Nrada as well, where the chapter on the ordeal by balance commences with it. For the Sanskrit, see Nrada-sm"ri"ti, loc. cit.
251:22 Minor Nrada I, 5, 119 (p. 46). ata"h" para"m" pravakshymi dha"t"asya vidhim uttamam r"g k"a pr"d"vivka"s k"a yath ta"m" krayen naram
251:23 Nepalese Nrada. "k"aturhastau tulpdv u"k"kh"raye"n"a prakrtitau sha"d"dh"asta"m" tu tayor bhavet pram"n"a"m" parim"n"ata"h" The Minor Nrada has the following text instead of this: dha"t"asya pdv (pdd) rdhva"m" tu "k"aturhastau prakrtitau pa"k"ahast tul kry dvihast "k"rgal sm"ri"t Under this reading, the beam of the balance would have to be five Hastas long, whereas the following text (24) states its length at four Hastas.
251:24 24-26. Minor Nrada I, 5, 121, 122 (p. 47 and Addenda, pp. xxxii, xxxiii). krayeta "k"aturhast"m" sam"m" laksha"n"alakshitm p. 252 tul"m" ksh"th"amay"m" r"g s"ikyaprntvalambinm dakshi"n"ottarasa"m"sthnv ubhv ekatrasa"m"yatau stambhau k"ri"tv same de"s"e tayo"h" sa"m"sthpayet tulm yasena tu p"s"ena madhye sa"m"g"ri"hya dharmavit yo"g"ayet t"m" susa"m"yukt"m" tul"m" prgaparyatm
252:27 27, 28. May. p. 20 (text); M. Macn. X, 2, 6 (uncertain). These two texts are elsewhere attributed to Pitmaha, and this is probably the correct view, as the fastening of the two perpendiculars by the two arches in which the balance moves up and down is described in another text of Pitmaha.
252:29 M. Macn. X, 2, 17. 'The injunction contained in this text concerns a judge who is about to administer the ordeal by balance to one arraigned in a cause. The others,' i.e. Indra and the other deities. Vram. p. 251. See 19.
253:30 30, 31. Vram. p. 251; M. Macn. X, 2, 23 (uncertain).
253:32 32, 33. Nepalese Nrada. samena samatm eti hyamnas tu hyate adhogatir na "s"udhyeta "s"udhyetordhvagatis tath samopi na (hi MS.) vi"s"uddha"h" syd ity esh trividh tul eshodit tulkalpe (tulkalpa"h" MS.) "s"uddhir avyabhikri"n" 32 b, 33 a are attributed to Vysa in the Vivdat"n"d"ava. The reading na for hi has been taken from the same compilation. It appears from Nrada I, 20, 283 (above, pp. 107, 108) that an equal result of the first and second weighing was not considered as a proof of innocence. According to others, such a result proves the person balanced to be guilty in some degree; or the proceeding has to be repeated.
253:34 34, 35. Vram. p. 254; Sm"ri"ti"k".; V. T. I read with Sm"ri"ti"k". p. 254 tul"s"irobhym udbhrnta"m" vi"k"ala"m" nyastalaksha"n"am yadi vyupra"n"unno v dhvaty rdhvam adhopi v nirmukta"h" sahas vpi tad naikatara"m" vra"g"et 'The mark,' i.e. 'the water or whatever else has been used to mark the even position of the scales' (Sm"ri"ti"k"., Vram.), or the bill recounting the charge which has been fixed on the head of the person balanced' (v. T.).
254:36 Vram. p. 256.
254:37 Nepalese Nrada; Minor Nrada I, 6, 3 (p. 49). I read: saptabhir ma"n"d"alair evam aguln"m s"atadvayam sa"k"aturvi"m"s"ati prokta"m" sa"m"khytattvrthadar"s"ibhi"h" The quotations agree with Nrada I, 21, 286 in referring to eight, instead of seven, circles.
254:38 Vram. p. 259. The marking of the hands serves the purpose of marking the difference between the previously extant sores and those eventually caused by the hot iron ball.
254:39 39-45. Sm"ri"ti"k". k"ri"tvaivam abhi"s"astasya prathama"m" hastalaksha"n"am "s"ntyartha"m g"uhuyn mantrair gh"ri"tam agnau yathvidhi tarpiteshv atha deveshu lokapleshu "k"aiva hi ditybhimukho bhtv ima"m" mantram udrayet tvam agne sarvadevnm anta"s k"arasi pvaka"h" havya"m" vahasi devnm anta"h"s"nti"m" praya"k"kh"asi pra"k"kh"anni manushy"n"m" ppni suk"ri"tni "k"a tvam eva p. 255 deva "g"nshe na vidur yni mnush"h" vyavahrbhi"s"astoya"m" vahnau tish"th"mi sa"m"s"aye tasmn m"m" sa"m"s"ayr"dh"a"m" dharmatas trtum arhasi evam uktavatas tasya prmukhasya tu dhmata"h" pattrair a"g"alim prya a"s"vatthai"h" saptabhi"h" samai"h" vesh"t"ayta sitair hastau saptabhi"h" stratantubhi"h" For similar prayers, which are put in the mouth of the judge however, see Nrada I, 21, 290-294 (above, pp. 109, 110); Minor Nrada I, 6, 10, 11 (p. 41).
255:45 M. Macn. X, 3, 2.
255:46 Minor Nrada I, 6, 6, 7 (p. 49). hut"s"ataptalohasya pa"k"s"atpalika"m" samam hastbhy"m" pi"n"d"am dya ma"n"d"alni "s"anair vra"g"et
255:47 Nepalese Nrada. trtvnena vidhnena ma"n"d"alni samhita"h" p. 256 adagdha"h" sarvath yas tu sa vi"s"uddho bhaven nara"h" Nearly identical with Minor Nrada I, 6, 7 a, 8 b.
256:48 48, 49. \"T"o"d".; Sm"ri"ti"k".; Vram. p. 264 ('Klikpur"n"a'). 48 b according to the Nepalese Nrada. tasyaiva muktapi"n"d"asya kuryt karanirksha"n"am prvarpeshu "k"ihneshu tatonyatrpi lakshayet ma"n"d"ala"m" raktasa"m"k"s"a"m" ya"k k"nyad vgnisa"m"bhavam sovi"s"uddhas tu vi"g"eyosatyadharmavyavasthita"h" 'If a boil or other (tumour) caused by fire should be discovered on the palms of his hands, he has to be considered as guilty. If nothing of the kind is discovered, he is innocent.' Sm"ri"ti"k"., Vram.
256:50 50-79. The ordeals by water and poison are omitted in the Sm"ri"ti"k"andrik, 'because they are obsolete now-a-days.'
50. Nepalese Nrada. ata"h" para"m" pravakshymi toyasya vidhim uttamam hemante var"g"ayed r"g" ya i"k"kh"e"k kh"uddhim uttamm
256:51 M. Macn. X, 4, 3 (uncertain); Vram. p. 269.
256:52 Minor Nrada I, 7, 2 (p. 50). sva"k"kh"e "g"ale su"s"tale "g"alauka"h"pakavar"g"ite vipule ntig"dh"e "k"a kuryd divyasya nir"n"ayam
257:53 M. Macn. X, 4, 13.
257:54 Nepalese Nrada. krra"m" dhanu"h" sapta"s"ata"m" ntikrra"m" tu sha"t"s"atam manda"m" pa"k"a"s"ata"m g"eyam esha prokto dhanurvidhi"h" Nearly identical with Minor Nrada I, 7, 4 (p. 50); Nrada I, 22, 307 (above, p. 112); Vram. p. 268, &c. The translation of this text is based on the interpretation given in "T"o"d". 'That bow which bends sufficiently to admit of discharging an arrow from it, when a weight of seven hundred Palas is fastened by the string, is said to have seven hundred. The terms "six hundred" and "five hundred" have to be understood in the same way.' See too, above, p. 112, 307 note.
257:55 55, 56 a. M. Macn. X, 4, 15. The rule regarding the distance of the target, which renders the arrows entirely superfluous, seems to belong to a more recent period than the other rules. See Prof. Stenzler's Essay on Indian Ordeals.
257:56 \"T"o"d". nte madhyame v"n"e magnga"h s"u"k"itm iyt
258:57 M. Macn. X, 4, 12.
258:58 Vram. p. 269.
258:59 Nepalese Nrada. toyam adho manushyasya g"ri"htvor susa"m"yata"h" tvat tish"th"eta niyato yvat prpta"h" sampak
258:60 Minor Nrada I, 7, 8 (p. 51). dharmasthna"m" tata"h" kuryu"h" satyadharmaparya"n"h" dharma"s"stravidhna"g" rgadveshavivar"g"it"h"
258:61 Nepalese Nrada. avatrya "g"ale vidvn snta"h" prayatamnasa"h" "s"rvayeta yathnyyam ebhir mantrapadai"h s"ubhai"h" The correctness of this reading seems doubtful. According to the other authorities, the prayer is to be recited by the judge or by the accused.
61 b. Nepalese Nrada. dhatmamantra"h" o"m" namo dharmya
258:62 Nepalese Nrada. yonis tvam asi (yatas tvam asti MS.) bhtna"m g"ale"s"a sukha"s"tala tryasvaina"m" nara"m" ppt pa"s"yasi tva"m" subh"s"ubham
259:63 63 a occurs in the Minor Nrada and Nepalese Nrada (Minor Nrada I, 7, 15 a). didevosi devnm (bhtn"m" Nep. Nr.) lokasypyyana"m" mahat After this, the Nepalese Nrada has two texts, which are identical with Nrada I, 22, 316, 317.
63b. Minor Nrada I, 7, 16 a. tvam ambha"h" sarvabhtnm anta"s k"arasi skshivat Identical with Vish"n"u XII, 7 a.
259:64 64 a, b. Minor Nrada I, 7, 16 b, 17 a. tvam eva deva "g"nshe na vidur yni mnav"h" vyavahrbhi"s"astoya"m" mnushas tvayi ma"g"g"ati Nearly identical with Vish"n"u XII, 7 b, 8 a.
64c. Minor Nrada I, 7, 17 b. tad ena"m" sa"m"s"ayd asmd dharmatas trtum arhasi Identical with Vish"n"u XII, 8b.
259:65 Nepalese Nrada. tato nima"g"g"et sable sarv"n"y agny adar"s"ant
259:66 Nepalese Nrada. prpta"m" tu syaka"m" d"ri"sh"t"v "g"ald uttrya buddhimn pra"n"ipatya n"ri"pa"m" ga"k"kh"et sarv"m"s k"aiva sabhsada"h"
259:67 Minor Nrada I, 7, 12. kar"n"kshimukhansn"m" yasya toye vyavasthitam d"ri"s"yate na vi"s"uddha"h" syd ad"ri"sya"h s"uddhim pnuyt
260:68 Minor Nrada I, 8, 1 (p. 52). ata"h" para"m" pravakshymi vishasya vidhim uttamam yath dadyd visha"m" r"g s"odhana"m" parama"m" n"ri"n"m
260:69 M. Macn. X, 5, 4.
260:70 M. Macn. X, 5, 6.
260:71 \"T"o"d".; Vram. p. 273 ('Pitmaha'). Hima"g"a poison is no doubt the poison elsewhere called Haimavata, 'coming from the Himalayas.'
260:72 Vram. p. 275; M. Macn. X, 5, 13 ('Ktyyana').
260:73 Nepalese Nrada. na blturav"ri"ddheshu naiva svalppardhishu nonmattrte tath vyage na "k"a dadyt tapasvishu
260:74 M. Macn. X, 5, 16.
261:75 Minor Nrada I, 8, 7. vishatvd vishamatv"k k"a krra"m" tva"m" sarvadehinm "s"ubh"s"ubhavivekrtha"m" niyukto hyasi skshivat The first half is identical with Vish"n"u XIII, 6 a.
261:76 Minor Nrada I, 8, 8. dharm"n"i "k"arita"m" pu"m"sm a"s"ubhni "s"ubhni "k"a tvam eva deva gnshe na vidur yni mnav"h"
76 b is identical with Vish"n"u XIII, 6 b.
261:77 Identical with Vish"n"u Xiii, 7.
261:78 Nepalese Nrada. iti mantra"m" pa"th"et tatra vidhin vishabhaksha"n"e (vibhaksha"n"e Ms.).
261:79 \"T"o"d". ta"m" vi"s"uddham iti "g"tv r"g" satk"ri"tya mo"k"ayet u"k"k"ai"h" prak"s"aye"k k"ainam esha dharmo vyavasthita"h"
261:80 Vram. p. 278, where this text is preceded by two texts identical with Nrada I, 24, 327, 328 (above, p. 116).
262:81 M. Macn. X, 6, 8 (uncertain); V. T. The circle has to be made with cowdung. M.
262:82 Vram. p. 279.
262:83 Vram. p. 279; Sm"ri"ti"k". I read, with the latter work, ya"h" ka"s"k"id dshito nara"h", 'after having been charged with a crime,' instead of na kva"k"id dshito nara"h", 'without having been charged with a crime' (Vram.).
262:84 84, 85. Ibid.
262:86 Minor Nrada I, 9, 5. vibhvita"m" sadpya"h" syd dhanin tu svaya"m" dhanam "ri"n"k k"a dvigu"n"a"m" da"n"d"a"m" r"g" dharme"n"a dpayet
"The Minor Law Books (SBE33)", by Julius Jolly, [1889],
Vi. Ordeals.
1. 1 Let (the defendant) touch the heads of his sons, wife, or friends; or else the (ordeal by) sacred libation (may be performed), whatever the nature of the charge may be.
2. 2 It is on the claimant that the duty of declaring his readiness to take on himself the penalty (to be awarded to the losing party) devolves in every case. Or the ordeal may be performed by either party at pleasure, the other party consenting to give the penalty (to be awarded in case of defeat).
3. 3 To persons suspected by the king, or denounced (as criminals) by (intercourse with) robbers, or intent on their own justification, an ordeal must be administered without binding (an opponent) to give the penalty.
4. 4 (The performance of) an ordeal is ordained in
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important cases, when people are engaged in a controversy; an ordeal must not be administered when there is no one ready to take the punishment on himself.
5. 5 Justice is based on truth, and litigation (depends) on witnesses. When a case admits of divine test, human evidence (the testimony of witnesses) or documents must not be resorted to.
6. 6 The (ordeal by) sacred libation has been declared by the wise to be applicable to all (castes), and poison (to all castes), excepting the Brahman (caste). (Either the balance is reserved for Brahmans), or the balance may be administered to (members of) every caste.
7. 7 The (ordeal by) sacred libation may be administered in every case. The (ordeal by) balance is admissible in every season.
8. 8 Eunuchs, distressed or feeble persons, the severely afflicted, infants, old men, women, and the blind should be tested by the balance always.
9. 9 (The ordeal by) poison is not destined for
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women, nor is (the ordeal by) water fit to be administered to them; it is through (the ordeals by) balance, sacred libation, and others that (the judge) must explore the true state of their minds.
10. 10 Let (the judge) test strong men by fire, water, or poison, and let him test infants, old or distressed men by the balance.
11. Let (the judge) avoid (the ordeal by) fire in the case of lepers, (the ordeal by) water in the case of the asthmatic, and (the ordeal by) poison in the case of bilious or phlegmatic persons.
12. 12 In the season of the rains, let the (ordeal by) fire be administered; also in the cold and chilly seasons. In the summer season, the (ordeal by) water is the proper (kind of ordeal). Poison (is destined) for the cold weather.
13. 13 The chilly, cold, and rainy seasons are declared to be (the proper seasons) for the (ordeal by) fire; the autumn and summer seasons, for the (ordeal by) water; the (ordeal by) poison, (is fit) for the cold and chilly seasons.
14. 14 The months of "K"aitra (March-April), Mrga"s"rsha (November-December), and Vai"s"kha (April-May)
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are proper months for all (ordeals), and not adverse to any kind of ordeal. (Ordeals must) never (be administered) in the afternoon, nor in the twilight, nor at noon.
15. 15 Ordeals administered at an improper place, or at an unsuitable time, or performed at a distance from human habitations, constitute a deviation from the proper course of a lawsuit, this is certain.
16. 16 The chief judge must superintend the whole of the proceedings at an ordeal, fasting and obeying the king's instructions in the same way as an Adhvaryu (priest officiates) at a sacrifice.
17. 17 The chief judge, who must be a Brahman, thoroughly versed in the Vedas and Vedgas, instructed in sacred learning and of religious conduct, tranquil-minded, unambitious,
18. Fond of veracity, pure, able, delighting in the welfare of all sentient beings, having kept a fast, clad in his moist garments (after a bath), having cleansed his teeth, should worship all deities according to rule.
19. 19 With red perfumes and garlands, as well as
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with curds, cakes of flour, fried grain and other (offerings), he should first worship the balance, and then show honour to the others.
20. 20 The balance and the other ordeals ordained by the sages should be administered by the king by consent of the claimant, but not otherwise.
21. When they are performed otherwise (the claimant not giving his consent), he incurs the same guilt as a thief.
22. 22 I will state next the excellent rule regarding the (ordeal by) balance, as the king and the chief judge should administer that ordeal to a man (arraigned in a cause).
23. 23 The two posts supporting the beam of the balance should measure four Hastas above ground, their (entire) length should be six Hastas.
24. 24 The king should cause a wooden beam of the balance to be made, which must be four Hastas long,
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polished, furnished with the. required characteristics, and having the two scales suspended by both extremities.
25. After having caused two posts to be erected, on even ground, which must be placed from north to south, and must be arranged both in one line, he shall cause the beam of the balance to be fastened across (the transverse beam which connects) them.
26. With an iron cord let a virtuous man surround the beam in the middle and fasten it in an east-western direction, after having carefully connected it (with the transverse beam).
27. 27 The (appointed) examiners have to take care always that the two perpendiculars of the balance should be equal in length. Water must be poured out on (the beam of) the balance by skilled persons.
28. If the water does not trickle down (from the balance), the balance may be considered as being level.
29. 29 With red perfumes and garlands, as well as with curds, cakes of flour, fried grain and other (offerings, the judge) should first worship the balance, and then show honour to the others.
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30. 30 (The person accused being about to be placed in the scale for the second time, the judge should address the balance as follows): 'Thou, O Balance, hast been created by Brahman, to test the wicked. On account of the syllable dha thou art the image of Dharma (Justice), on account of the syllable "t"a, thou
31. Being used for balancing (dh"ri"ta, in this ordeal) discoverest the vicious. Therefore thou art called dha"t"a (balance).'
32. 32 If (the person) remains level (sama), he is considered to be in a middling position (samat). If he comes down, he loses his cause. He who goes down is not innocent; he is innocent who goes up.
33. He who remains level is also not acquitted. These are the three possible cases in the (ordeal by) balance. Thus has been declared the never-failing acquittal (obtainable) through the test by balance.
34. 34 When (the scales fixed) at the two extremities of the beam have been moved, when the mark which had been made has come off, when (the balance) is going up and down, being agitated by wind,
35. Or when (the man appointed to hold it) lets it
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go all of a sudden: (in all these cases) the matter in dispute must not be decided either way.
36. 36 Now then I will proclaim the excellent rule regarding the (ordeal by) fire, as it has been declared (by the sages). The intermediate space between two circles is ordained to measure thirty-two Agulas.
37. 37 The seven circles are thus declared by persons thoroughly conversant with the art of computation to cover a space of two hundred and twenty-four Agulas.
38. 38 Let the peculiar signs be marked which he has on both hands, both visible and invisible ones, whether caused by a scar or not caused by a scar.
39. 39 After having first marked in this way the hands of the person accused, he should offer clarified butter in fire according to rule, as a propitiatory rite, reciting Mantras (at the same time).
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40. The gods and the guardian deities of the world having been hospitably entertained, let (the person accused) utter the following prayer, facing the sun.
41. Thou, O fire, dwellest in the interior of all deities as a flame. Thou conveyest burnt-oblations to the gods, and givest peace of mind.
42. Thou, O God, knowest the secret offences and merits of men. Thou, O deity, knowest whatever mortals do not comprehend.
43. Arraigned in a cause, I am about to be tested by fire. Therefore deign to deliver me lawfully from the perplexity in which I am involved.
44. The man (about to be examined) having made this speech, facing the east, with firmness, his joined hands should be covered with seven equal leaves of the holy fig-tree,
45. 45 And both hands should be tied with seven strings of light-coloured thread.
46. 46 (Then the man) should take a smooth ball of red-hot iron, fifty Palas in weight, in both hands, and step gradually across the seven circles.
47. 47 When a man has carefully stepped through
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the (seven) circles in this way, without having burnt himself in the least, he is acquitted.
48. 48 When he has dropped the ball, his hands should be inspected. If the marks have retained their previous appearance, he should examine (the hands) elsewhere as well.
49. When a bloodshot round stain or any other sore caused by fire is seen, the man has to be considered as guilty, because truth and virtue are not found in him.
50. 50 I will proclaim next the excellent rule regarding the (ordeal by) water. Let a king who is desirous of establishing perfect truth refrain from administering (this ordeal) in winter.
51. 51 With perfumes, garlands, sweet-smelling substances, honey, milk, clarified butter, and the like, let (the judge) perform the worship of Varu"n"a (the deity of water) first of all.
52. 52 Let (the judge) cause this ordeal to be performed
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in transparent and very cool water, which does not contain aquatic animals or mud, and is abundant and not too shallow.
53. 53 Let (a man) go near the bank of the water (in which the accused is to be immersed) and erect an arch as high as the ear (of the person) on the edge (of that water), on level and purified ground.
54. 54 A strong bow should be known to have seven hundred; one not particularly strong, six hundred; a weak bow, five hundred. Thus has the rule regarding the bow been declared.
55. 55 From a bow of a middling quality let a skilful (archer) discharge three arrows, after having made a target one hundred and fifty Hastas distant.
56. 56 (The archer) is blameable if the arrows discharged by him fall short of or go beyond the target. (The person accused) obtains acquittal if his body continues immersed in water after the middling arrow has been (discharged and) brought back.
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57. 57 Among fifty runners, those two who are the quickest runners should be appointed to fetch the arrow.
58. 58 Let a strong man, who may be a Brahman, Kshatriya or Vai"s"ya, and must be free from affection and hatred, be placed in water reaching his navel, (standing erect) like a pillar.
59. 59 (The accused), thoroughly controlled in mind, shall seize the thighs of that man under water, and stand in it composed all the time till the (runner) appointed to fetch (the arrow) has returned.
60. 60 Then let men strictly devoted to veracity and virtue, acquainted with the application of legal rules, and free from affection and hatred, see that everything is fair.
61. 61 An intelligent, pious-minded man should descend into the water and duly address (the deity of water) with the following auspicious texts.
61 b. The sacred prayer (runs as follows). Om, adoration to Justice.
62. 62 Thou, O lord of waters, who art so pleasantly
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cool, art the source of (all) beings. Save this man from guilt, thou knowest both good and evil.
63. 63 Thou art the first of the gods and the great comforter of the world. Thou, O water, dwellest in the interior of all beings, like a witness.
64. 64 Thou, O deity, alone knowest what mortals do not understand. This man, being arraigned in a cause, is going to dive in thee. Therefore deign to deliver him lawfully from this perplexity.
65. 65 Then (the accused) should submerge all his limbs in water so as to become invisible.
66. 66 A prudent man should leave the water, after having seen the arrow brought back, and should approach the king and all the assessors of the court, after saluting them reverentially.
67. 67 Though only his ear, eye, mouth or nose should become visible while he is in water, he cannot be acquitted. If he remains invisible, he obtains acquittal.
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68. 68 Now then I will proclaim the excellent rule regarding the (ordeal by) poison, (stating) how the king should give poison, the best means of purification for a man.
69. 69 Let him give the poison in the presence of (images of) the deities and Brahmans, after having kept a fast and worshipped Mahe"s"vara with incense, offerings, and sacred texts.
70. 70 (The judge) should give the poison with fixed attention, facing the north or the east, in the presence of Brahmans, (while the accused) is facing the south.
71. 71 Let seven Yavas be given, as a test of innocence, without doubt, of poison from the "S"ri"ga tree or Vatsanbha (poison) or Hima"g"a poison.
72. 72 In the morning and in a cool place let the poison be given to all persons, after it has been finely ground, and mixed with clarified butter thirty times the quantity.
73. 73 He must not give poison to infants, disabled or superannuated persons, or to those who have committed a very light offence only, or to a madman, to one severely afflicted, to a cripple, or to ascetics.
74. 74 If the person (examined) undergoes no change
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of appearance during the time occupied by clapping the hands five hundred times, he is acquitted, and should be cured (by giving him antidotes of poison).
75. 75 On account of thy poisonous and dangerous nature thou art hard on all persons. Thou art appointed to show the difference between good and evil like a witness.
76. 76 Thou, O deity, knowest the sacred ordinances and the conduct of men, both good and evil actions, (in short) whatever men do not comprehend.
77. 77 This man being arraigned in a cause, wishes to obtain acquittal. Therefore deign to deliver him lawfully from this perplexity.
78. 78 This prayer should be pronounced according to rule, while the poison is being swallowed (by the person).
79. 79 The king having known the man to be innocent should honourably dismiss him, and proclaim him (innocent) with a loud voice. Thus has the law been laid down.
80. 80 (Let the ordeal by sacred libation be administered) to one who consents to it and puts faith (in
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religion) in the presence of the deities and Brahmans.
81. 81 Having called near the person accused, (the judge) should place him inside the circle and cause him to swallow three handsful of water, after having caused him to face the sun.
82. 82 After having worshipped that deity (to which the accused is devoted, the judge) should wash (the image of that deity) with water, proclaim his crime, and cause him to swallow the three handsful of water.
83. 83 When some one drinks consecrated water of his own accord, after having been charged with a crime, and does not confess his guilt, actuated by avarice, such a wicked man will become a leper (in a future birth).
84. 84 When a man tells a lie knowingly and intentionally, after having drunk consecrated water, he is born as a poor, sick, or foolish person in seven (successive) existences.
85. When a man administers the (ordeal by) sacred libation by force to procure some advantage to himself, it will destroy himself, nor will his affairs prosper.
86. 86 When a man has been convicted (by this
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ordeal) he may be compelled by his creditor himself to repay the debt proved against him, and the king may exact from him with justice a fine amounting to twice as much as the debt.
Footnotes
247:1 Vi, 1. Vram. p. 226; M. Macn. X, 1, 5 (uncertain).
247:2 Vram. p. 228.
247:3 V. T.; M. Macn. X, 1,5 a (uncertain). The Mitkshar explains the term "s"ira"h" or "s"rsha, which has been translated by 'penalty' in this paragraph and in the preceding text, as denoting the head, i.e. the fourth or principal division of a lawsuit, which involves defeat or success, and results in the awarding of a punishment or fine to the losing party. It appears more probable, however, that "s"iras, 'head,' is an equivalent for 'life,' the accuser having to declare his readiness to risk his life, i.e. a heavy punishment, in case of defeat.
247:4 Sm"ri"ti"k". kra"n"e mahati prokta"m" divya"m" vdrthin"m" n"ri"n"m "s"irovart yad na syt tad divya"m" na dyate This is apparently the p. 248 correct reading of the text translated above, Nrada I, 19, 257 (pp. 101, 102).
248:5 M. Macn. X, 1, 7. In actions for debt and the like, though witnesses possessing the required qualifications (such as veracity, &c.) should have been adduced by the plaintiff, an ordeal may be administered, if the defendant proposes an ordeal and promises to give the fine or other penalty to be inflicted in case of his being defeated, because witnesses are subject to the fault of partiality, whereas an ordeal shows the true state of the case, as no fault can be found with it, and is an emblem of justice. M.
248:6 Vram. p. 235. This text comes after Nrada I, 24, 335 (above, p. 117).
248:7 May. p. 18 (text).
248:8 8, 9. Vram. p. 235. In the third Pda of 8, I read blav"ri"ddhstriyondh"m"s"k"a with Sm"ri"ti"k". for blav"ri"ddhturn str"s k"a p. 249 (Vram., "T"o"d".), as the term tura occurs twice under the latter reading.
248:9 M. Macn. X, I, 12 (uncertain); Nepalese Nrada.
249:10 10, 11. Minor Nrada I, 5, 116, 118 (p. 46). For the Sanskrit, see Nrada-sm"ri"ti, p. 112, note. Nearly identical with a text usually attributed to Pitmaha, Vram. p. 237.
249:12 Vram. pp. 239, 240. Nearly identical with Nrada I, 19, 254 (p. 101) and Minor Nrada I, 5, 113, 114 (p. 46).
249:13 13, 14 a. V. T.; M. Macn. X, 1, 10 (uncertain). These two texts are elsewhere attributed to Pitmaha, and it is certainly difficult to reconcile them with 12.
249:14 14 b. Vram. p. 240. In the quotations, this text comes after p. 250 Nrada I, 19, 259 (above, p. 102). 'The prohibition to administer an ordeal at noon has reference to ordeals other than the ordeal by water.' Vram.
250:15 Vram. p. 241; May. p. 18 (text). I read bahirvsak"ri"tni in the second Pda (bahirvdik"ri"tni, May.), and vyabhi"k"ra"m" sadartheshu in the third Pda (vyabhi"k"re sadartheshu, Vram.). 'At a distance from human habitations,' in solitude. Vram.
250:16 M. Macn. X, 1, 8 a; 'Pitmaha,' elsewhere.
250:17 17, 18. Vram. p. 245; M. Macn. X, 2, 18 ('Pitmaha'). I read kuryd in 18, as in Mitkshar, Vivdat"n"d"ava, &c. (k"ri"tv, Vram.). These texts, although generally quoted in the section on the ordeal by balance, seem to contain a rule applicable to every ordeal.
250:19 M. Macn. X, 2, 17, &c. This text is supposed to apply to p. 251 a judge who is about to administer the ordeal by balance to one arraigned in a cause. The term 'the others' is said to relate to Indra and the other deities.
251:20 20, 21. Minor Nrada I, 5, 112, 113 (pp. 45, 46). The second half occurs in the Nepalese Nrada as well, where the chapter on the ordeal by balance commences with it. For the Sanskrit, see Nrada-sm"ri"ti, loc. cit.
251:22 Minor Nrada I, 5, 119 (p. 46). ata"h" para"m" pravakshymi dha"t"asya vidhim uttamam r"g k"a pr"d"vivka"s k"a yath ta"m" krayen naram
251:23 Nepalese Nrada. "k"aturhastau tulpdv u"k"kh"raye"n"a prakrtitau sha"d"dh"asta"m" tu tayor bhavet pram"n"a"m" parim"n"ata"h" The Minor Nrada has the following text instead of this: dha"t"asya pdv (pdd) rdhva"m" tu "k"aturhastau prakrtitau pa"k"ahast tul kry dvihast "k"rgal sm"ri"t Under this reading, the beam of the balance would have to be five Hastas long, whereas the following text (24) states its length at four Hastas.
251:24 24-26. Minor Nrada I, 5, 121, 122 (p. 47 and Addenda, pp. xxxii, xxxiii). krayeta "k"aturhast"m" sam"m" laksha"n"alakshitm p. 252 tul"m" ksh"th"amay"m" r"g s"ikyaprntvalambinm dakshi"n"ottarasa"m"sthnv ubhv ekatrasa"m"yatau stambhau k"ri"tv same de"s"e tayo"h" sa"m"sthpayet tulm yasena tu p"s"ena madhye sa"m"g"ri"hya dharmavit yo"g"ayet t"m" susa"m"yukt"m" tul"m" prgaparyatm
252:27 27, 28. May. p. 20 (text); M. Macn. X, 2, 6 (uncertain). These two texts are elsewhere attributed to Pitmaha, and this is probably the correct view, as the fastening of the two perpendiculars by the two arches in which the balance moves up and down is described in another text of Pitmaha.
252:29 M. Macn. X, 2, 17. 'The injunction contained in this text concerns a judge who is about to administer the ordeal by balance to one arraigned in a cause. The others,' i.e. Indra and the other deities. Vram. p. 251. See 19.
253:30 30, 31. Vram. p. 251; M. Macn. X, 2, 23 (uncertain).
253:32 32, 33. Nepalese Nrada. samena samatm eti hyamnas tu hyate adhogatir na "s"udhyeta "s"udhyetordhvagatis tath samopi na (hi MS.) vi"s"uddha"h" syd ity esh trividh tul eshodit tulkalpe (tulkalpa"h" MS.) "s"uddhir avyabhikri"n" 32 b, 33 a are attributed to Vysa in the Vivdat"n"d"ava. The reading na for hi has been taken from the same compilation. It appears from Nrada I, 20, 283 (above, pp. 107, 108) that an equal result of the first and second weighing was not considered as a proof of innocence. According to others, such a result proves the person balanced to be guilty in some degree; or the proceeding has to be repeated.
253:34 34, 35. Vram. p. 254; Sm"ri"ti"k".; V. T. I read with Sm"ri"ti"k". p. 254 tul"s"irobhym udbhrnta"m" vi"k"ala"m" nyastalaksha"n"am yadi vyupra"n"unno v dhvaty rdhvam adhopi v nirmukta"h" sahas vpi tad naikatara"m" vra"g"et 'The mark,' i.e. 'the water or whatever else has been used to mark the even position of the scales' (Sm"ri"ti"k"., Vram.), or the bill recounting the charge which has been fixed on the head of the person balanced' (v. T.).
254:36 Vram. p. 256.
254:37 Nepalese Nrada; Minor Nrada I, 6, 3 (p. 49). I read: saptabhir ma"n"d"alair evam aguln"m s"atadvayam sa"k"aturvi"m"s"ati prokta"m" sa"m"khytattvrthadar"s"ibhi"h" The quotations agree with Nrada I, 21, 286 in referring to eight, instead of seven, circles.
254:38 Vram. p. 259. The marking of the hands serves the purpose of marking the difference between the previously extant sores and those eventually caused by the hot iron ball.
254:39 39-45. Sm"ri"ti"k". k"ri"tvaivam abhi"s"astasya prathama"m" hastalaksha"n"am "s"ntyartha"m g"uhuyn mantrair gh"ri"tam agnau yathvidhi tarpiteshv atha deveshu lokapleshu "k"aiva hi ditybhimukho bhtv ima"m" mantram udrayet tvam agne sarvadevnm anta"s k"arasi pvaka"h" havya"m" vahasi devnm anta"h"s"nti"m" praya"k"kh"asi pra"k"kh"anni manushy"n"m" ppni suk"ri"tni "k"a tvam eva p. 255 deva "g"nshe na vidur yni mnush"h" vyavahrbhi"s"astoya"m" vahnau tish"th"mi sa"m"s"aye tasmn m"m" sa"m"s"ayr"dh"a"m" dharmatas trtum arhasi evam uktavatas tasya prmukhasya tu dhmata"h" pattrair a"g"alim prya a"s"vatthai"h" saptabhi"h" samai"h" vesh"t"ayta sitair hastau saptabhi"h" stratantubhi"h" For similar prayers, which are put in the mouth of the judge however, see Nrada I, 21, 290-294 (above, pp. 109, 110); Minor Nrada I, 6, 10, 11 (p. 41).
255:45 M. Macn. X, 3, 2.
255:46 Minor Nrada I, 6, 6, 7 (p. 49). hut"s"ataptalohasya pa"k"s"atpalika"m" samam hastbhy"m" pi"n"d"am dya ma"n"d"alni "s"anair vra"g"et
255:47 Nepalese Nrada. trtvnena vidhnena ma"n"d"alni samhita"h" p. 256 adagdha"h" sarvath yas tu sa vi"s"uddho bhaven nara"h" Nearly identical with Minor Nrada I, 6, 7 a, 8 b.
256:48 48, 49. \"T"o"d".; Sm"ri"ti"k".; Vram. p. 264 ('Klikpur"n"a'). 48 b according to the Nepalese Nrada. tasyaiva muktapi"n"d"asya kuryt karanirksha"n"am prvarpeshu "k"ihneshu tatonyatrpi lakshayet ma"n"d"ala"m" raktasa"m"k"s"a"m" ya"k k"nyad vgnisa"m"bhavam sovi"s"uddhas tu vi"g"eyosatyadharmavyavasthita"h" 'If a boil or other (tumour) caused by fire should be discovered on the palms of his hands, he has to be considered as guilty. If nothing of the kind is discovered, he is innocent.' Sm"ri"ti"k"., Vram.
256:50 50-79. The ordeals by water and poison are omitted in the Sm"ri"ti"k"andrik, 'because they are obsolete now-a-days.'
50. Nepalese Nrada. ata"h" para"m" pravakshymi toyasya vidhim uttamam hemante var"g"ayed r"g" ya i"k"kh"e"k kh"uddhim uttamm
256:51 M. Macn. X, 4, 3 (uncertain); Vram. p. 269.
256:52 Minor Nrada I, 7, 2 (p. 50). sva"k"kh"e "g"ale su"s"tale "g"alauka"h"pakavar"g"ite vipule ntig"dh"e "k"a kuryd divyasya nir"n"ayam
257:53 M. Macn. X, 4, 13.
257:54 Nepalese Nrada. krra"m" dhanu"h" sapta"s"ata"m" ntikrra"m" tu sha"t"s"atam manda"m" pa"k"a"s"ata"m g"eyam esha prokto dhanurvidhi"h" Nearly identical with Minor Nrada I, 7, 4 (p. 50); Nrada I, 22, 307 (above, p. 112); Vram. p. 268, &c. The translation of this text is based on the interpretation given in "T"o"d". 'That bow which bends sufficiently to admit of discharging an arrow from it, when a weight of seven hundred Palas is fastened by the string, is said to have seven hundred. The terms "six hundred" and "five hundred" have to be understood in the same way.' See too, above, p. 112, 307 note.
257:55 55, 56 a. M. Macn. X, 4, 15. The rule regarding the distance of the target, which renders the arrows entirely superfluous, seems to belong to a more recent period than the other rules. See Prof. Stenzler's Essay on Indian Ordeals.
257:56 \"T"o"d". nte madhyame v"n"e magnga"h s"u"k"itm iyt
258:57 M. Macn. X, 4, 12.
258:58 Vram. p. 269.
258:59 Nepalese Nrada. toyam adho manushyasya g"ri"htvor susa"m"yata"h" tvat tish"th"eta niyato yvat prpta"h" sampak
258:60 Minor Nrada I, 7, 8 (p. 51). dharmasthna"m" tata"h" kuryu"h" satyadharmaparya"n"h" dharma"s"stravidhna"g" rgadveshavivar"g"it"h"
258:61 Nepalese Nrada. avatrya "g"ale vidvn snta"h" prayatamnasa"h" "s"rvayeta yathnyyam ebhir mantrapadai"h s"ubhai"h" The correctness of this reading seems doubtful. According to the other authorities, the prayer is to be recited by the judge or by the accused.
61 b. Nepalese Nrada. dhatmamantra"h" o"m" namo dharmya
258:62 Nepalese Nrada. yonis tvam asi (yatas tvam asti MS.) bhtna"m g"ale"s"a sukha"s"tala tryasvaina"m" nara"m" ppt pa"s"yasi tva"m" subh"s"ubham
259:63 63 a occurs in the Minor Nrada and Nepalese Nrada (Minor Nrada I, 7, 15 a). didevosi devnm (bhtn"m" Nep. Nr.) lokasypyyana"m" mahat After this, the Nepalese Nrada has two texts, which are identical with Nrada I, 22, 316, 317.
63b. Minor Nrada I, 7, 16 a. tvam ambha"h" sarvabhtnm anta"s k"arasi skshivat Identical with Vish"n"u XII, 7 a.
259:64 64 a, b. Minor Nrada I, 7, 16 b, 17 a. tvam eva deva "g"nshe na vidur yni mnav"h" vyavahrbhi"s"astoya"m" mnushas tvayi ma"g"g"ati Nearly identical with Vish"n"u XII, 7 b, 8 a.
64c. Minor Nrada I, 7, 17 b. tad ena"m" sa"m"s"ayd asmd dharmatas trtum arhasi Identical with Vish"n"u XII, 8b.
259:65 Nepalese Nrada. tato nima"g"g"et sable sarv"n"y agny adar"s"ant
259:66 Nepalese Nrada. prpta"m" tu syaka"m" d"ri"sh"t"v "g"ald uttrya buddhimn pra"n"ipatya n"ri"pa"m" ga"k"kh"et sarv"m"s k"aiva sabhsada"h"
259:67 Minor Nrada I, 7, 12. kar"n"kshimukhansn"m" yasya toye vyavasthitam d"ri"s"yate na vi"s"uddha"h" syd ad"ri"sya"h s"uddhim pnuyt
260:68 Minor Nrada I, 8, 1 (p. 52). ata"h" para"m" pravakshymi vishasya vidhim uttamam yath dadyd visha"m" r"g s"odhana"m" parama"m" n"ri"n"m
260:69 M. Macn. X, 5, 4.
260:70 M. Macn. X, 5, 6.
260:71 \"T"o"d".; Vram. p. 273 ('Pitmaha'). Hima"g"a poison is no doubt the poison elsewhere called Haimavata, 'coming from the Himalayas.'
260:72 Vram. p. 275; M. Macn. X, 5, 13 ('Ktyyana').
260:73 Nepalese Nrada. na blturav"ri"ddheshu naiva svalppardhishu nonmattrte tath vyage na "k"a dadyt tapasvishu
260:74 M. Macn. X, 5, 16.
261:75 Minor Nrada I, 8, 7. vishatvd vishamatv"k k"a krra"m" tva"m" sarvadehinm "s"ubh"s"ubhavivekrtha"m" niyukto hyasi skshivat The first half is identical with Vish"n"u XIII, 6 a.
261:76 Minor Nrada I, 8, 8. dharm"n"i "k"arita"m" pu"m"sm a"s"ubhni "s"ubhni "k"a tvam eva deva gnshe na vidur yni mnav"h"
76 b is identical with Vish"n"u XIII, 6 b.
261:77 Identical with Vish"n"u Xiii, 7.
261:78 Nepalese Nrada. iti mantra"m" pa"th"et tatra vidhin vishabhaksha"n"e (vibhaksha"n"e Ms.).
261:79 \"T"o"d". ta"m" vi"s"uddham iti "g"tv r"g" satk"ri"tya mo"k"ayet u"k"k"ai"h" prak"s"aye"k k"ainam esha dharmo vyavasthita"h"
261:80 Vram. p. 278, where this text is preceded by two texts identical with Nrada I, 24, 327, 328 (above, p. 116).
262:81 M. Macn. X, 6, 8 (uncertain); V. T. The circle has to be made with cowdung. M.
262:82 Vram. p. 279.
262:83 Vram. p. 279; Sm"ri"ti"k". I read, with the latter work, ya"h" ka"s"k"id dshito nara"h", 'after having been charged with a crime,' instead of na kva"k"id dshito nara"h", 'without having been charged with a crime' (Vram.).
262:84 84, 85. Ibid.
262:86 Minor Nrada I, 9, 5. vibhvita"m" sadpya"h" syd dhanin tu svaya"m" dhanam "ri"n"k k"a dvigu"n"a"m" da"n"d"a"m" r"g" dharme"n"a dpayet
