Food-ordeal:  Some Hindu law-books prescribe that in the case of suspected theft the accused shall eat consecrated rice.  If the gums be not hurt, no blood appear on spitting, and the man do not tremble, he will be innocent.  This is also a Teutonic test, but it is to be observed that the older laws in India do not mention it.

On the basis of these examples (not chosen in historical sequence) Kaegi has concluded, while admitting that ordeals with a general similarity to these have arisen quite apart from Aryan influence, that there is here a bit of primitive Aryan law; and that even the minutiae of the various trials described above are un-Aryan.  This we do not believe.  But before stating our objections we must mention another ordeal.

The Oath:  While fire and water are the usual means of testing crime in India, a simple oath is also permitted, which may involve either the accused alone or his whole family.  If misfortune, within a certain time (at once, in seven days, in a fortnight, or even half a year) happen to the one that has sworn, he will be guilty.  This oath-test is also employed in the case of witnesses at court, perjury being indicated by the subsequent misfortune (Manu, viii. 108).[41]

Our objections to seeing primitive Aryan law in the minutiae of ordeals is based on the gradual evolution of these ordeals and of their minutiae in India itself.  The earlier law of the S[=u]tras barely mentions ordeals; the first ‘tradition law’ of Manu has only fire, water, and the oath.  All others, and all special descriptions and restrictions, are mentioned in later books alone.  Moreover, the earliest (pre-legal) notice of ordeals in India describes the carrying of hot iron (in the test of theft) as simply “bearing a hot axe,” while still earlier there is only walking through fire.[42]

To the tests by oath, fire, and water of the code of Manu are soon added in later law those of consecrated water, poison, and the balance.  Restrictions increase and new trials are described as one descends the series of law-books (the consecrated food, the hot-water test, the licking of the ploughshare, and the lot), Some of these later forms have already been described.  The further later tests we will now sketch briefly.

Poison:  The earliest poison-test, in the code of Y[=a]jnavalkya (the next after Manu), is an application of aconite-root, and as the poison is very deadly, the accused is pretty sure to die.  Other laws give other poisons and very minute restrictions, tending to ease the severity of the trial.

The Balance-test:  This is the opposite of the floating-test.  The man[43] stands in one scale and is placed in equilibrium with a weight of stone in the other scale.  He then gets out and prays, and gets in again.  If the balance sinks, he is guilty; if it rises, he is innocent.

The Lot-ordeal:  This consists in drawing out of a vessel one of two lots, equivalent respectively to dharma and adharma, right and wrong.  Although Tacitus mentions the same ordeal among the Germans, it is not early Indic law, not being known to any of the ancient legal codes.