for
religious men." The accused is to drink consecrated water.
If in fourteen (or more or less) days no calamity happen to
him he will be innocent. The same test is made in the case
of the oath and of poison (below).]

[Footnote 41: In the case of witnesses Manu gives seven days
as the limit. When one adopts the oath as an ordeal the
misfortune of the guilty is supposed to come 'quickly.' As
an ordeal this is not found in the later law. It is one of
the Greek tests (_loc. cit_.). When swearing the Hindu holds
water or holy-grass.]

[Footnote 42: AV. ii. 12 is not a certain case of this, but
it is at least Brahmanic. The carrying of the axe is alluded
to in the Ch[=a]ndogya Upanishad (Schlagintweit, _Die
Gattesurtheile der Indier_, p. 6).]

[Footnote 43: Y[=a]jnavalkya (_loc. cit_.) restricts this
test to women, children, priests, the old, blind, lame, and
sick. On _ph[=a]la_ for _agni, ib._ ii. 99, see ZDMG. ix.
677.]

[Footnote 44: Schlagintweit, _loc. cit_. p. 26 (Hiouen
Thsang).]

* * * * *

CHAPTER XII.

JAINISM.[1]

One cannot read the Upanishads without feeling that he is already
facing an intellectual revolt. Not only in the later tracts, which are
inspired with devotion to a supreme and universal Lord, but even in
the oldest of these works the atmosphere, as compared with that of the
earlier Brahmanic period, is essentially different. The close and
stifling air of ritualism has been charged with an electrical current
of thought that must soon produce a storm.

That storm reached a head in Buddhism, but its premonitory signs
appear in the Upanishads, and its first outbreak preceded the advent
of Gautama. Were it possible to draw a line of demarcation between the
Upanishads that come before and after Buddhism, it would be
historically more correct to review the two great schisms, Jainism and
Buddhism, before referring to the sectarian Upanishads. For these
latter in their present form are posterior to the rise of the two
great heresies. But, since such a division is practically uncertain in
its application, we have thought it better in our sketch of the
Upanishads and legal literature to follow to the end the course of
that agitated thought, which, starting with the great identification
of _jiva_, the individual spirit, and _[=a]tm[=a]_, the world-spirit,
the All