History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.395.3

v4.c63.395.3

when untouchables, men of lowest castes, slaves, *mlecchas* and those born of mixed unions in the reverse order of the castes are guilty of crimes, the determination of their guilt (by the above mentioned ordeals) should not be made by the king; he should indicate such ordeals as are in vogue among them. The Sm. C. and Par. M. say that this applies only when they cannot secure relatives or other persons appointed by them to undergo the usual ordeals on their behalf. The Vyavahāratattva (p. 579) explains that the ordeals referred to among mlecchas and others are the snake in the jar and the like. This seems to have consisted in taking out a ring or coin with the hand from a jar in which a snake was placed; if there was no snake-bite or no effect even if the snake bit, the person was declared innocent. Vide note 580. Yāj. II. 97 and Nār. IV. 268, 320 prescribe that all ordeals are to be administered by the chief justice in the morning at sunrise or in the forenoon in the presence of the king, the sabhyas and brāhmaṇas. The Mit. adds that a Sunday is the proper day according to the usage of respectable people (*śiṣṭas*). Pitāmaha specially provides that the water ordeal should be administered in the noon and poison in the last watch of the night (Mit. on Yāj. II. 97). Certain seasons and months were either appropriate or inappropriate to certain ordeals e. g. Nār. IV.