The Minor Law-Books: Nârada and Brihaspati — SBE Vol. 33 (trans. Julius Jolly, 1889)
English·1879–1910·trans. Julius Jolly·277 passages
The text · part 10 of 14
VI. OrbDEALS.
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. 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. 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. (The performance of) an ordeal is ordained in
VI, 1. Viram. p. 226; M. Macn. X, 1, 5 (uncertain).
2. Viram. p. 228.
3. V.T.; M. Macn. X, 1, 5a (uncertain). The Mitakshard explains the term sira/ or sirsha, 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 siras, ‘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.
4. Smritif. kaéraze mahati proktam divyam vadarthinam nrindm | sirovartf yada na syat tadé divyam na diyate i This is apparently thep. 5 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. 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. 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. The (ordeal by) sacred libation may be administered in every case. The (ordeal by) balance is admissible in every season.
8. Eunuchs, distressed or feeble persons, the severely afflicted, infants, old men, women, and the blind should be tested by the balance always.
9. (The ordeal by) poison is not destined for correct reading of the text translated above, Narada I, 19, 257 (pp. 101, 102).
8. Eunuchs, distressed or feeble persons, the severely afflicted, infants, old men, women, and the blind should be tested by the balance always.
9. (The ordeal by) poison is not destined for correct reading of the text translated above, Narada I, 19, 257 (pp. 101, 102).
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.
6. Viram. p. 235. This text comes after Narada I, 24, 335 (above, p. 117).
7. May. p. 18 (text).
8, 9. Viram. p. 235. In the third Pada of 8,I read balavriddhastriyosndhamska with Smritif. for balavriddhaturan stris tap. 249 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. 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) ayoid (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. 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. 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. The months of Kaitra (March-April), Margasirsha (November—December), and Vaisakha (April—
(Viram., Zod.), as the term 4tura occurs twice under the latter reading.
9. M. Macn. X, 1, 12 (uncertain); Nepalese Narada.
10, 11. Minor Narada I, 5, 116, 118 (p. 46). For the Sanskrit, see Narada-smritti, p.112, note. Nearly identical with a text usually attributed to Pitamaha, Viram. p. 237.
12. Viram. pp. 239, 240. Nearly identical with Narada I, 19, 254 (p. ror) and Minor Narada I, 5,113,114 (p. 46).
13, 14a. V.T.; M. Macn. X, 1, 10 (uncertain). These two texts are elsewhere attributed to Pitdmaha, and it is certainly difficult to reconcile them with 12.
14b. Viram. p. 240. In the quotations, this text comes after
p. 15
May) 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.
14b. Viram. p. 240. In the quotations, this text comes after
p. 15
May) 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. 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. 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. The chief judge, who must be a Brahman, thoroughly versed in the Vedas and Vedangas, 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. With red perfumes and garlands, as well as
Narada I, 19, 259 (above, p. 102). ‘The prohibition to administer an ordeal at noon has reference to ordeals other than the ordeal by water. Viram.
15. Viram. p. 241; May. p.18 (text). [read bahirvasakrstani in the second Pada (bahirvAdikr:taéni, May.), and vyabhifaram sadartheshu in the third Pada (vyabhifdre sadartheshu, Viram.). ‘Ata distance from human habitations,’ in solitude. Viram.
16. M. Macn. X, 1, 8a; ‘ Pitamaha,’ elsewhere.
17,18. Viram. p. 245; M. Macn. X, 2, 18 (‘ Pitamaha’). I read kury4d in 18, as in Mitaékshar4, Vivadatandava, &c. (krétva, Viram.). These texts, although generally quoted in the section on the ordeal by balance, seem to contain a rule applicable to every ordeal.
19. M. Macn. X, 2,17, &c. This text is supposed to apply top. 251 with curds, cakes of flour, fried grain and other (offerings), he should first worship the balance, and then show honour to the others.
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. 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. The two posts supporting the beam of the balance should measure four Hastas above ground, their (entire) length should be six Hastas.
24. The king should cause a wooden beam of the balance to be made, which must be four Hastas long, 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.
24. The king should cause a wooden beam of the balance to be made, which must be four Hastas long, 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.
20, 21. Minor Narada I, 5, 112, 113 (pp. 45, 46). The second half occurs in the Nepalese Narada as well, where the chapter on the ordeal by balance commences with it. For the Sanskrit, see Narada-smriti, loc. cit.
22. Minor Narada I, 5, 119 (p. 46). ata# param pravakshy4mi dhafasya vidhim uttamam | rég4 4a pradvivakas fa yatha tam karayen naram Wt
23. Nepalese Narada. Aaturhastau tulapdddv uékhrayena prakirtitau | shaddhastam tu tayor bhavet pram4zam parimanatah 1 The Minor Nérada has the following text instead of this: dhasasya padav (p4dad) ardhvam tu Aaturhastau prakirtitau 1 pa#ahasté tulad karya dvihast4 argalaé smrita i 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.
24-26. Minor Narada I, 5, 121, 122 (p. 47 and Addenda, pp. xxxii, xxxiii). k4rayeta Aaturhastam samam lakshanalakshitém \p. 25 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 eastwestern direction, after having carefully connected it (with the transverse beam).
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. 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.
tulam kash/hamayim rg sikyaprantavalambinim u dakshixottarasamsthanav ubh4v ekatrasamyatau 1 stambhau kritva same dese tayoh samsth4payet tulam un Ayasena tu p4sena madhye samgrihya dharmavit \ yogayet tam susamyukt4am tulam pragaparayatém
27, 28. May. p. 20 (text); M. Macn. X, 2, 6 (uncertain). These two texts are elsewhere attributed to Pitimaha, 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 Pitamaha.
May. p. 20 (text); M. Macn. X, 2, 6 (uncertain). These two texts are elsewhere attributed to Pitimaha, 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 Pitamaha.
2g. M. Macn. X, 2,147. ‘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. Viram. p. 251. See 19.
p. 253
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 a, thou
31. Being used for balancing (dhvzta, in this ordeal) discoverest the vicious. Therefore thou art called dhafa (balance).’
32. If (the person) remains level (sama), he is considered to be in a middling position (samata). 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 neverfailing acquittal (obtainable) through the test by balance. —
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
30; 31. Viram. p. 251; M. Macn. X, 2, 23 (uncertain).
32, 33. Nepalese Narada. samena samatim eti hfyam4nas tu hfyate | adhogatir na sudhyeta sudhyetordhvagatis tatha u samo=pi na (hi MS.) visuddha sy4d ity esh4 trividha tulé \ eshodit4 tulakalpe (tulékalpa# MS.) suddhir avyabhik4rint u 32b, 33a are attributed to Vyasa in the Vividaténdava. The reading na for hi has been taken from the same compilation. It appears from Narada 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.
34, 35. Viram. p. 254; Smritié.; V.T. I read with Smritié,p. 36 go all of a sudden: (in all these cases) the matter in dispute must not be decided either way.
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 Angulas.
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 Angulas.
The intermediate space between two circles is ordained to measure thirty-two Angulas.
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 Angulas.
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. 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).
tulasirobhyam udbhrantam vikalam nyastalakshazam 1 yadi vayuprazunno va dhavaty frdhvam adhospi va u nirmukta/ sahas4 vapi tad4 naikataram vraget . ‘The mark,’ i.e. ‘the water or whatever else has been used to mark the even position of the scales’ (Smrvtié., Viram.), or ‘the bill recounting the charge which has been fixed on the head of the person balanced’ (V. T.).
36. Viram. p. 256.
37. Nepalese NA&rada; Minor Nérada I, 6, 3 (p. 49). I read: saptabhir mamdalair evam angulandm satadvayam | sakaturvimsati proktam samkhyatattvarthadarsibhiZ 1 The quotations agree with Nfrada I, 21, 286 in referring to eight, instead of seven, circles.
38. Viram. 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.
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 ina 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. And both hands should be tied with seven strings of light-coloured thread.
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. When a man has carefully stepped through
And both hands should be tied with seven strings of light-coloured thread.
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. When a man has carefully stepped through deva ganishe na vidur y4ni m4nusha# vyavaharabhisasto.yam vahnau tish/AAmi samsaye \ tasm4n mam samsayaridkam dharmatas tratum arhasi | evam uktavatas tasya pranmukhasya tu dhimatad | pattrair afigalim 4pQrya asvatthaiA saptabhiA samaif wu vesh/ayita sitair hastau saptabhif s(ttratantubhiZ For similar prayers, which are put in the mouth of the judge however, see Narada I, 21, 290- 294 (above, pp. 109, 110); Minor Narada I, 6, 10, 11 (p. 41).
45. M. Macn. X, 3, 2.
46. Minor N&rada I, 6, 6, 7 (p. 49). hut&sataptalohasya pavikasatpalikam samam | hastabhy4m pindam 4déya mandalani sanair vraget it
47- Nepalese Narada. tirtvanena vidhanena mavdalani sam4hitah |p. 48 the (seven) circles in this way, without having burnt himself in the least, he is acquitted.
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. 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. With perfumes, garlands, sweet-smelling substances, honey, milk, clarified butter, and the like, let (the judge) perform the worship of Varuza (the deity of water) first of all.
52. Let (the judge) cause this ordeal to be peradagdhaf sarvatha yas tu sa visuddho bhaven naraZ un Nearly identical with Minor Narada I, 6, 7a, 8b.
48, 49. Tod.; Smritik.; Viram. p. 264 (‘ Kalikapuréza’). 48b according to the Nepalese Narada. tasyaiva muktapindasya kuryat karanirfkshazam \ pfirvarfipeshu Aihneshu tato=nyatrapi lakshayet mandalam raktasamkdsam yak kanyad vagnisambhavam | so =visuddhas tu vig#eyo ssatyadharmavyavasthitahA ‘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.’ Smritié., Viram.
50-79. The ordeals by water and poison are omitted in the Smritiéandrika, ‘because they are obsolete now-a-days.’
50. Nepalese Narada. ata# param pravakshydmi toyasya vidhim uttamam | hemante vargayed rig4 ya ikkhek khuddhim uttam4m it
51. M. Macn. X, 4, 3 (uncertain); Viram. p. 269.
52. Minor Narada I, 7, 2 (p. 50). svakkhe gale susitale galaukahpankavargite | vipule natigadke 4a kury4d divyasya nirmayam WNp. 257 formed in transparent and very cool water, which does not contain aquatic animals or mud, and is abundant and not too shallow.
p. 269.
52. Minor Narada I, 7, 2 (p. 50). svakkhe gale susitale galaukahpankavargite | vipule natigadke 4a kury4d divyasya nirmayam WNp. 257 formed in transparent and very cool water, which does not contain aquatic animals or mud, and is abundant and not too shallow.
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. 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. 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. (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.
53. M. Macn. X, 4, 13. ;
54. Nepalese Narada. kriram dhanu/ saptasatam natikroram tu sha/satam | mandam pa#kasatam g#eyam esha prokto dhanurvidhiz Nearly identical with Minor N&rada I, 7, 4 (p. 50); Narada I, 22, 307 (above, p. 112); Viram. p. 268, &c. The translation of this text is based on the interpretation given in Zod. ‘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.
55, 56a. 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.
57. Among fifty runners, those two who are the quickest runners should be appointed to fetch the arrow.
58. Let a strong man, who may be a Brahman, Kshatriya or Vaisya, and must be free from affection and hatred, be placed in water reaching his navel, (standing erect) like a pillar.
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. 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. 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. ‘ Thou, O lord of waters, who art so pleasantly
57. M. Macn. X, 4, 12. 58. Viram. p. 269.
61 b. The sacred prayer (runs as follows). ‘Om, adoration to Justice.
62. ‘ Thou, O lord of waters, who art so pleasantly
60. Minor Narada I, 7, 8 (p. 51). dharmasthanam tatah kuryuh satyadharmaparayanaf | dharmasdstravidhanagia ragadveshavivargitah w
61. Nepalese Narada. avatirya gale vidvan snatak prayatam4nasa | stavayeta yathanyayam ebhir mantrapadaiz subhaiZ i 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.
61b. Nepalese Narada. dharmamantra’ t om namo dharmiya\
62. Nepalese Narada. yonis tvam asi (yatas tvam asti MS.) bhaténam galesa sukhasftala | trdyasvainam naram pap4t pasyasi tvam subhasubham itp. 259 cool, art the source of (all) beings. Save this man from guilt, thou knowest both good and evil.
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. ‘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. Then (the accused) should submerge all his limbs in water so as to become invisible.
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. 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. °
63a occurs in the Minor Narada and Nepalese Narada (Minor Narada I, 7, 15 a). Adidevossi devinim (bhfiténam Nep. Nar.) lokasy4pydyanam mahatt After this, the Nepalese Narada has two texts, which are identical with Narada I, 22, 316, 317.
63b. Minor N&rada I, 7,16 a. tvam ambha/ sarvabhfiténdm antas Aarasi sikshivat 1 Identical with Vishzu XII, 7a.
64a, b. Minor Narada I, 7, 16b, 17a. tvam eva deva gAnishe na vidur yini manav4Aé 1 vyavah4rabhisastos yam ménushas tvayi maggati i! Nearly identical with Vishau XII, 7b, 8a.
64c. Minor Narada I, 7,17b. tad enam samsay&d asm4d dharmatas trftum arhasi! Identical with Vishnu XII, 8b.
65. Nepalese Narada. tato nimagget salile sarvany angAny adarsanat
66. Nepalese Narada. prAptam tu sAyakam dr/shW4 galad uttirya buddhiman | pranipatya nripam gakkhet sarvams kaiva sabhasadah it
67. Minor Narada I, 7, 12. karaikshimukhandsinam yasya toye vyavasthitam 1 drzsyate na visuddhahk syfd adrisyahk suddhim dpnuyat u
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p. 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,
VI, 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. Let him give the poison in the presence of (images of) the deities and Brahmans, after having kept a fast and worshipped Mahesvara with incense, offerings, and sacred texts,
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. Let seven Yavas be given, as a test of innocence, without doubt, of poison from the Syznga tree or Vatsandbha (poison) or Himaga poison,
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. 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. Ifthe person (examined) undergoes no change
68, Minor N&rada I, 8, 1 (p. 52). atak param pravakshy&mi vishasya vidhim uttamam | yatha dadyad visham rfg& sodhanam paramam nrinfm \\
69. M. Macn. X, 5, 4. yo. M. Macn. X, 5, 6.
71. Tod.; Viram. p. 273 (‘Pitémaha’). Himaga poison is no doubt the poison elsewhere called Haimavata, ‘coming from the Himalayas,’
72. Viram. p. 275; M. Macn. X, 5, 13 (‘ Katyayana’),
73. Nepalese Narada. na bélaturavr¢ddheshu naiva svalpAparadhishu | nonmattarte tathd vyange na 4a dady&t tapasvishu u
74. M. Macn. X, 5, 16.
p. 261
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. ‘On account of thy poisonous and dangerous nature thou aft hard on all persons. Thou art appointed to show the difference between good and evil like a witness.
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. ‘This man being arraigned in a cause, wishes to obtain acquittal. Therefore deign to deliver him lawfully from this perplexity.’
78. This prayer should be pronounced according to rule, while the poison is being swallowed (by the person).
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, (Let the ordeal by sacred libation be administered) to one who consents to it and puts faith (in
45. Minor Narada I, 8, 7. vishatvad vishamatvaé 4a kriram tvam sarvadehinim | subh4subhavivek4rtham niyukto hyasi s4kshivat 1 The first half is identical with Vishzu XITI, 6a.
46. Minor Narada I, 8, 8. dharm4ni daritam pums4m asubh4ni subhani 4a | tvam eva deva ganfshe na vidur yani manavas
76b is identical with Vishzu XIII, 6 b.
44. Identical with Vishau XIII, 7.
46. Minor Narada I, 8, 8. dharm4ni daritam pums4m asubh4ni subhani 4a | tvam eva deva ganfshe na vidur yani manavas
80. Viram. p. 278, where this text is preceded by two texts identical with Narada I, 24, 327, 328 (above, p. 116).
p. 81
religion) in the presence of the deities and Brahmans.
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. 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. 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. 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. When a man has been convicted (by this
81. M. Macn. X, 6, 8 (uncertain); V.T. The circle has to be made with cowdung. M.
82. Viram. p. 279.
83. Viram. p. 279; Smritié&. I read, with the latter work, yah kaskid dishito naraf, ‘after having been charged with a crime,’ instead of na kvafid dAshito nara, ‘without having been charged with a crime’ (Viram.).
84, 85. Ibid.
86. Minor Narada I, 9,5. vibhvitam sa dapya’ sydd dhaniné tusvayam dhanam | rink ka dvigunam dandam rag& dharmena dapayet iip. 263 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.
VII. Miscettaneous Laws.
1. (Because fathers desire offspring, to be released from debt by their sons), therefore should a son begotten (by his father) give up his own property and assiduously redeem his father from debt, lest he should go to hell.
2. The interest is unlimited on thread, cotton, substances from which spirits may be extracted, tin, lead, weapons of all sorts, skins, copper, iron,
3. And all other articles of this kind, as well as bricks. This has been declared by Manu Pragdpati.
4. On oil of every sort, on intoxicating drinks, on honey, on butter, on sugar, and on salt, the interest shall cease when it reaches eight times the original amount.
And all other articles of this kind, as well as bricks. This has been declared by Manu Pragdpati.
4. On oil of every sort, on intoxicating drinks, on honey, on butter, on sugar, and on salt, the interest shall cease when it reaches eight times the original amount.
5. The debts of sick, mad, overaged, or long absent persons: such debts should be discharged by their sons even while such persons are alive.
6. A wife, a daughter-in-law, a grandson’s wife, and the presents bestowed on a wife (which constitute her separate property): if a man takes any of these, he shall be made to pay the debts (of such
VIL, 1. Viram. p. 340; Minor Narada I, 3, 5. See Naradasmriti, p. 47, note.
2-4. Minor Narada I, 4, 34, 35. See Narada-smriti, p. 77, note.
5. Minor Narada I, 3,15. See Narada-smriti, p. 50, note.
6, 7. Minor Narada I, 3, 22, 23. See Narada-smrvti, pp. 53, 54, note.
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women); and so shall he who lives on the landed property (of a stranger).
7. It is on the wife that the performance of religious acts depends in all (four) castes, one after the other. He who takes the wife of a man, takes his property (and debts) as well.
8. Females are not entitled to bestow gifts, or to sell property. It is only while she is living together (with her family), that a woman may enjoy (the family property).
g. It is by permission (of the owner) only that a female slave, cattle, or an estate may be enjoyed (by a stranger). He who enjoys that which had not been given up to him (by the owner), must pay for the (illegitimate) enjoyment of what he had been enjoying.
10. When a man forcibly enjoys property, such as a house, field, cow or the like, without authorization (from the owner), he deserves the same punishment as a thief.
11. He who uses a bull, or a milch-cow, or a boat, or a female slave, without authorization (from the owner), shall pay four Pavas (as a fine).
8. Minor Narada I, 3, 28. See Narada-smriti, p. 56, note.
9-15. Smritiz. uddishfam eva bhoktavyam stri pasur vasudhapi va \ anarpitam tu yo bhunkte bhuktabhogam prad4payet i anuddishfam tu yad dravyam vasakshetragavadikam | svabalenaiva bhu#ganas koravad dandam arhati anadvaham tatha dhenum nfvam dasim tathaiva fa | anuddishfam tu bhu#gano dadyat panakatush/ayam ut dasf nauka tatha dhuryo bandhakam nopabhugyate | upabhokté tu tad dravyam pamair eva visodhayet i divase dvipanam dasim dhenum ash/apanam tatha | trayodasam anadvaham asvam bhimim 4a shodasa i naukém asvam ka dhenum ka langalam karmikasya fa 1 balatkarena yo bhunkte dipyas Aashfaguaam dine ulfkhale pazardham tu musalasya pamadvayam | sfirpasya fa pamardham tu gaiminir munir abravit u
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12. A female slave, a boat, a beast of burden, and a pledge is not lost (to the owner) by adverse possession. The possessor is bound to give a compensation in money for his enjoyment of them.
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12. A female slave, a boat, a beast of burden, and a pledge is not lost (to the owner) by adverse possession. The possessor is bound to give a compensation in money for his enjoyment of them.
13, (Let him give) two Pamas a day for the use of a female slave; eight Pavas for the use of a milchcow; thirteen for the use of a bull; sixteen for the use of a horse or of an estate.
14. He who forcibly enjoys a boat, a horse, a milch-cow, or the plough of an agriculturist, shall be made to pay eight times (their value) each day.
15. (For the use) of a mortar, half a Pama; for the use of a pestle, two Pamas; for the use of a winnowing basket, half a Paza. Thus has the sage Gaimini declared.
16, A deposit which has been entrusted to a friend, is called a deposit based on confidence.
17. Should a man, after entering the order of religious ascetics, violate the duties of his order, the king should cause him to be branded with a dog’s foot and banish him quickly (from his realm),
18. These two persons are (as contemptible as) Kandalas for their acts, and should be kept entirely apart from the world: one who has forsaken the order of religious ascetics, and one who has entered an order prohibited in law.
19. Heis called Guru (a teacher) who instructs his pupil, duly addressing him in Prakvzt or Samskrit, or employing a local or other dialect.
16, 17. Viram. pp. 406, 407.
18. Smritié. dvfév eva karmagandflau loke dfrabahishkretau | pravragyopanivrittas 4a vritha pravragitas ka yah
19. Viram. p. 72.
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20. When a quarrel has arisen between prostitutes and the lovers frequenting their house, the principal prostitutes and the lovers shall decide the dispute in common.
21. If other persons (than the neighbours) should give false evidence in a dispute concerning land, such low persons shall be condemned to pay the first fine each in his turn.
22. A boundary is declared to be of five sorts, as it may be either marked by signs (such as trees), or by water (of a river), or by articles deposited underground, or subject to no quarrel (being determined by consent of both parties), or fixed by royal command.
23. After having traced those (robbers) with the aid of able spies acquainted with their habits, he shall avoid frightening them, and shall cause them to be arrested by officials secretly set upon them.
24. It is not from the air, from the sky, from the sea, or from other (such parts) that robbers will come; therefore one should act thus.
25. (The king) shall endeavour to inveigle (thieves and robbers) through cunning spies who are anxious to catch thieves. Other skilful and reliable persons also, artful talkers and former thieves, shall (be appointed to) detect the thieves.
26. By giving them wealth and valuable presents,
20. Viv. p. 102; Col. Dig. III, 1, 98; Ratn. p. 167.
Other skilful and reliable persons also, artful talkers and former thieves, shall (be appointed to) detect the thieves.
26. By giving them wealth and valuable presents,
20. Viv. p. 102; Col. Dig. III, 1, 98; Ratn. p. 167.
21. Viram. p. 459; Ratn. p. 212. ‘Other persons,’ i.e. hunters, foresters, and so forth. This text comes in between Narada XI, 4 and 8.
22. Ratn. p. 214; Viram. p. 452. 23. Ratn. p. 292.
24. Ratn. p. 335. This text should come in immediately after Narada XIV, 25.
25-29. Ratn. p. 337. Read dauryapadesais fa in 26.
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by causing them to attend at public shows and festivals, and by pretending intended robberies, they shall cause (the thieves) to assemble together.
27. Those who fail to make their appearance on such occasions, though skilful spies have been set on them, shall be arrested together with their sons, kinsmen, and relatives.
28. He shall then arrest the thieves after having convicted and enticed them (to make their appearance), and shall inflict capital punishment on them in various ways, after having proclaimed (their deeds) everywhere.
29. Innocent persons also are seen to mingle with thieves (occasionally); let not the king inflict punishments indiscriminately on such.
BRIJHAS PATI.
INTRODUCTION
TO THE
FRAGMENTS OF BA/HASPATI.
THE fragments of Brzhaspati are among the most precious relics of the early legal literature of India. Apart from Importance of their intrinsic value and interest, as containing Brihaspati. a very full exposition of the whole range of the Hindu law, their close connexion with the Code of Manu gives them a special claim to consideration, and renders them a valuable link in the chain of evidence? by which the date cf the most authoritative code of ancient India has been approximately determined ?. The connexion between the Manu and Brthaspati Smritis appears first from the way in which Brzhaspati refers to, He refersto and quotes from, the Code of Manu. In the Manu. —_ chapter on Gambling and Betting, Brzhaspati says (XXVI, 1), ‘Gambling has been prohibited by Manu, because it destroys truth, honesty, and wealth. It has been permitted by others, when conducted so as to allow the king a share (of every stake).’ The observation that Manu disagrees with the other legislators as to the permissibility of gambling is perfectly just. See Manu IX, 221-228; Yagvavalkya II, 199-203; Apastamba II, 25, 12, 13; Narada XVII, 1-8; Katy4yana XXV,1. Brthaspati goes on to say (XXVI, 2) that ‘Gambling shall take place under the superintendence of keepers of gaming-houses, for the purpose of discovering thieves.’ This rule agrees almost literally with Yagavalkya II, 203, and the fact that Brzhaspati does not refer to YAg#avalkya by name, although he names Manu, can only be accounted for by his very particular veneration for the latter, as the fountain-head of Sacred Law.—On the
1 Biihler, The Laws of Manu (Sacred Pooks of the East, vol. xxv), pp. cviii-cx.
4 What follows up to p. 275 has been reprinted, with modifications and additions, from a paper on ‘ Manu and Brihaspati,’ in the first volume of the Vienna Zeitschrift f£. d. Kunde d. Morgenlandes, pp. 275-250.
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subject of weights or coins, Brzhaspati says (X, 10), ‘The quantities beginning with a floating particle of dust and ending with a K4rsh4pawa have been declared by Manu.’ The statements of Manu which are thus referred to by Brihaspati may be found, Manu VIII, 132-137.—In speaking of the Niyoga or appointment of a widow to raise offspring to her deceased husband, Brthaspati says (XXIV, 12), ‘The Niyoga has been declared by Manu, and again prohibited by the same; on account of the successive deterioration of the (four) ages of the world, it must not take place (in the present or Kali age).’ This text shows that the conflicting statements of Manu (IX, 57-68) with regard to the Niyoga, which have been the matter of so much comment among European philologists, had already struck his follower Brihaspati, and were ingeniously explained by him, in accordance with the practice of his own times.—In the chapter on Inheritance (X XV, 33), Brzhaspati observes that out of the thirteen sons declared by Manu, a legitimate son of the body (aurasa) and an appointed daughter (putrika) are the only ones that represent real issue. It is true that Manu (IX, 158, 180) speaks emphatically of twelve sons only, but the appointed daughter or her son is not among these, and he advocates in strong terms the rights of an appointed daughter's son (IX, 127- 140), and cuts down very much the rights of all the other substitutes for a son (IX, 180, 181). This shows that Brihaspati’s rules on this head are perfectly in keeping with the teaching of Manu.—In the chapter on Sale without Ownership (XIII, 1) he refers to Manu (VIII, 197) by the name of Bhrigu. Secondly, in a number of other instances, the Code of Manu, though not appealed to by name, is neverthe- Indirect less distinctly referred to by Bvzhaspati. Thus, references. in the chapter on Inheritance (XXV, 79), he observes that ‘ those by whom clothes and so forth have been declared impartible have not decided properly.’ The wellknown versus memorialis concerning impartible property, the contents of which are further discussed in the sequel by Brthaspati, occurs both in the Code of Manu (IX, 219) and
p. 273
p. 273
in the Vishzu-smriti ; and it may be presumed either that the authors of these two works are the authorities referred to by Brihaspati, or that Manu is referred to in the pluralis majestatis, as is often the case with teachers. The reason why Manu is not referred to by name may be sought in the fact that Brzhaspati does not care to openly avow his dissent from so eminent an authority.—In the chapter on Debts, Brzhaspati remarks (XI, 4) that interest is divided into four species by some, into five by others, and by others again into six sorts. Four sorts of interest are mentioned by Manu, VIII, 153.—In the chapter on Inheritance (XXV, 35), he declares that an appointed daughter or her son has been pronounced equal to a legitimate son of the body. The rights of an appointed daughter, as shown before, are laid great stress upon by Manu, and he actually states that an (appointed) daughter is equal to a son (IX, 130). Thirdly, Brzhaspati, even when not expressly referring to Manu, presupposes throughout an acquaintance with Comments on his Code, and a very large portion of his Manu. Smriti is devoted to the interpretation of technical terms or to the elucidation or amplification of the somewhat laconic enunciations of Manu. Thus, for example, in the chapter on Debts (XI, 5-11), he explains, comments on, and amplifies the four sorts of interest mentioned by Manu (VIII, 153). In the same chapter (XI, 55-58) he interprets the curious terms used by Manu (VIII, 49) to denote the various modes of recovering an outstanding debt. In the chapter on Sale without Ownership (XIII, 2), he explains the technical term asvamin, ‘another person than the owner,’ which had been first used by Manu. From the general maxim of Manu (VIII, 2,11) that the allotment of shares among partners in any undertaking shall be arranged in the same way as for a company of officiating priests, Brzhaspati (XIV, 20-32) has developed a series of elaborate rules regarding partnership in tillage, workmanship, trade, musical performances, and robbery. In the same way, the threefold law of breach of promised obedience, non-payment of wages, and disputes between the owner of cattle and his servants has been (33] T
p. 274
In the same way, the threefold law of breach of promised obedience, non-payment of wages, and disputes between the owner of cattle and his servants has been (33] Tp. 274 developed by Brzhaspati (XVI, 1, 2) from Manu’s two titles of non-payment of wages and disputes between master and servant. An analogous course of development may be observed in the chapters on Ordeals, Resumption of Gift, and Violation of Agreements, as compared to the scanty provisions of Manu (VIII, 114-116, 212-214, 218-221) on the same subjects. In the chapter on Boundary Disputes, Manu’s technical term maula, ‘an original inhabitant of a place,’ is interpreted by Brzhaspati (XIX, 12). It would be easy to multiply examples. One more analogy between the Manu and Brzhaspati Smritis seems to be specially deserving of notice. Both agree in arranging the whole field of legal controversies under eighteen heads, and it appears from the introductory verses to several chapters (XII, 1; XITI,1; XV, 1; XVI, 1; XVII, 1, &c.) that Brzhaspati was anxious to discuss the eighteen titles of law in the same order as Manu. Nevertheless, he applies an interesting new principle of division to the eighteen titles of law by distinguishing fourteen titles relating to civil law, and four titles relating to criminal law (II, 3-9), and introduces a number of subdivisions (II, 2, 10; XVI, 1-3; XXII, 1, 2).
Fourthly, Brihaspati declares emphatically that any Smriti text opposed to the teaching of Manu has no validity (XXVII, 4).
Under these circumstances the tradition preserved in the Skanda-pura#a that there are four versions of the Code of Manu, by Bhrégu, Narada, Brzhaspati, and Angiras, acquires a peculiar significance. Taking the version attributed to Bhrigu to be identical with the Code of Manu, the soi-disant composition of Bhrigu, it is impossible to doubt its connexion with the Narada? and Brzhaspati Smritis. It is but natural to find, therefore, that Narada and Brzhaspati agree very closely inter se, as e.g. in adding a title called ‘ Miscellaneous’ to Manu’s eighteen titles of law (Brzhaspati X XVII, 1), in enumerating and describing three sorts of proof, eleven or twelve kinds of witnesses, eight or ten ‘members of a lawsuit,’ four parts of a judicial proceeding, four sorts of answer in a suit,
Result.
1 See above, Introduction to Narada.
p. 275
1 See above, Introduction to Narada.
p. 275
various ‘defects of a plaint,’ three kinds of officiating priests, four species of gifts, four divisions of violence (sdhasa), five modes of recovery of a debt, &c. Many other analogies between the two works may be gathered from a mere cursory comparison of their contents; they agree particularly in the use of many technical terms. One of these, the designation of a gold coin by the Roman or Greek term dindra, i.e. denarius (X, 15), is an important test for the date of both works, and compels us to refer the earlier date of the composition of Brzhaspati’s law-book to the first century A.D., the period to which belong the earliest Indian coins corresponding in weight to the gold denarius of the Romans. As regards the lower limit, one might feel inclined to assign an earlier date to Brzhaspati than to Narada, on the ground of his being a faithful follower of Manu in a far higher degree than is Narada, who differs from Manu on such important points as the names and order of several titles of law, the legitimacy of the Niyoga, &c.2 Nevertheless, the enlightened views of Brihaspati on the subject of women’s rights’, and the advanced character of his teaching generally, render it probable that his learned composition belongs to a somewhat more recent period than the Naérada-smriti.
The fact that Brzhaspati was considered an inspired writer by the very earliest commentators of law-books, such as e.g. by Medhftithi (ninth century), proves him to have preceded those commentators by several centuries. An analogous result may be obtained by comparing the laws of Brihaspati with the corresponding portions of the Burmese
The Dhammathats, the Buddhist Indian originals
Dhammathats. of which, according to Dr. Forchhammer, were composed in the seventh, eighth, and ninth centuries, The coincidences between Brzhaspati and the Dhammathats are both numerous and striking‘. It may be added that
1 West and Biihler, Digest of the Hindu Law,], p. 48; Jolly, Tagore Lect. p. 56.
2 See above, Introduction to Narada. * Jolly, Tagore Lectures, pp. 193, 241.
* Several coincidences between Brzhaspati and the Wagaru, the earliest law-book of Burma, have been collected by Dr. Forchhammer, Jardine Prize Essay, pp. 55,57, 58. For other examples, see Dr. Forchhammer’s edition of th Wagaru, pp. 1 (gifts), 36 (twelve witnesses), &c.
T2
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the judicial proceeding described in the well-known drama Mrikkhakatika corresponds to the rules laid down by Bvzhaspati, as has been shown elsewhere. For all these reasons, the composition of the Brzhaspati-smrzti cannot be referred to a later period than the sixth or seventh century A.D.
the judicial proceeding described in the well-known drama Mrikkhakatika corresponds to the rules laid down by Bvzhaspati, as has been shown elsewhere. For all these reasons, the composition of the Brzhaspati-smrzti cannot be referred to a later period than the sixth or seventh century A.D.
Hitherto, those texts of Brzhaspati have been entirely left aside which relate to other parts of the sacred law than Civil and Criminal Law and Procedure. Hemadri’s Katurvargakintamani, Devandabhatta’s Smr#tizandrikA, and most other standard Dharmanibandhas contain a number of texts of Brzhaspati on Dana, Vrata, Prayaséitta, and all other parts of the religious law. However, an examination of these texts has yielded no definite result, and they are not sufficiently numerous by far to admit of reconstructing the purely religious portion of the ancient Brzhaspati-smriti from them. Nor is it at all improbable that the legal texts of Brzhaspati may have formed an independent work from the outset, just like the Narada-smr‘ti, or like the Burmese Dhammathats, in which forensic law was treated by itself, without any admixture of religious elements.
The legal texts attributed to Brzhaspati are so numerous as to make up in their entirety a law-book which contains a full exposition of forensic law, hardly inferior in size to the Narada-smriti. The principles on which the texts have been collected and arranged are the same as in the case of the Quotations from Narada. The preservation of the introductory texts to several titles of law, and the occurrence of many long series of consecutive texts of Brzhaspati in the Dharmanibandhas, facilitate considerably the task of arrangement, though the original position of many texts in Brzhaspati’s Dharmasdstra must needs remain doubtful. For the chapter on Inheritance the following other works have been used, besides those consulted for the Quotations from Narada: G. Sarkar’s translation of the Viramitrodaya on Inheritance (V.); Dr. Burnell’s Madhaviya and Varadaraga; Professor Biihler’s edition of the Ugevala of Haradatta ; Haradatta’s Gautamiya Mitaksharé (MS.); Nandapazdita’s Vaigayanti (MS.).
Religious texts.
Arrangement.
BRIHASPATI.
I. ConstTITUTION oF A CouRT OF JUSTICE.
1. In former ages men were strictly virtuous and devoid of mischievous propensities. Now that avarice and malice have taken possession of them, judicial proceedings have been established.
2. A judicial assembly is declared to be of four sorts : stationary, not stationary, furnished with (the king’s) signet-ring, and directed (by the king). The judges are of as many sorts.
3. A stationary (court meets) in a town or village; one not stationary is called movable ; one furnished with (the king’s) signet-ring is superintended by the chief judge; one directed (by the king) is held in the king’s presence.
The judges are of as many sorts.
3. A stationary (court meets) in a town or village; one not stationary is called movable ; one furnished with (the king’s) signet-ring is superintended by the chief judge; one directed (by the king) is held in the king’s presence.
4. The king, his chosen representative (the chief judge), the judges, the law (Smr“ti), the accountant and scribe, gold, fire, water, and the king’s own officer are ten members of legal procedure.
5. A.court of justice is composed of these ten members ; and a judicial assembly of this sort, in which the king examines causes attentively, is comparable to an act of religion.
I,1. Viram. p. 5. 2-10. Smritif.
2, 3. Apararka. pratish‘Aitapratish/Aita mudrité s4sité tatha | katurvidha sabh& prokta sabhyds daiva tathdvidhaé w pratishsAita pure grame 4alé n4mApratish/Aita 1 mudritadhyakshasamyut4 ragayukta fa sfsitén The Smrstiéandrika reads sAstrita, ‘governed by the science of law,’ for sasit4, ‘ directed.’
4-10. Viram. pp. 41, 42.
p. 6
6. The office of these ten (members) is separately declared for each. The chief judge decides causes ; the king inflicts punishments; the judges investigate the merits of the case. ' 7. The law furnishes the decree, whether victory or defeat; gold and fire serve the purpose of administering ordeals; water is required for persons suffering from thirst or hunger.
8. The accountant should compute the sum (in dispute); the scribe should record the proceedings ; the king’s own officer should compel the attendance of the defendant, assessors, and witnesses.
9. Andhe should constantly keep both the plaintiff and defendant in custody, if they have given no sureties, Of these members (of a court of justice) the king is the head ; the chief judge is the mouth;
10. The judges are both arms; the law is both hands ; the accountant and the scribe are the legs ; gold, fire, and water are the eyes and the heart ; and the king’s own officer is the feet.
11. That judicial assembly is equal (in sanctity) to a sacrificial meeting in which there sit seven or five or three Brahmans, who are acquainted with the world, with (the contents of) the Veda, and with law.
12. In a controversy he examines the (plaint in) question and the answer; he speaks gently at first
11. M. Maen. I, 1, rr.
12. Viram. p.37. If the reading be correct, a double etymology of the term prAdvivaka, ‘a judge,’ is propounded in this text: (1) he who asks or examines (pr:kkhati) and afterwards decides (vadati) ;
(2) he who speaks gently at first (prag vadati). There is another reading, pravadati for prag vadati, under which the former etymology is the only one propounded in this text. It is beyond doubt the true etymology.
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(prag vadati). Therefore he is called Pradvivaka (judge).
There is another reading, pravadati for prag vadati, under which the former etymology is the only one propounded in this text. It is beyond doubt the true etymology.
p. 279
(prag vadati). Therefore he is called Pradvivaka (judge).
13. Men qualified by the performance of devotional acts, strictly veracious and virtuous, void of wrath and covetousness, and familiar with (legal) lore, should be appointed by the ruler as judges (or assessors of the court).
14. Two persons thoroughly familiar with grammar and vocabulary, skilled in (the art of) computation, honest, and acquainted with various modes of writing, should be appointed by the king as accountant and scribe (respectively).
15. A veracious man, who pays obedience to the judges, should be appointed (by the king) as his own officer, to summon and to keep in custody the witnesses, plaintiff, and defendant.
16. The king should sit facing the east; the judges, facing the north; the accountant, facing the west ; and the scribe, facing the south.
17. The king should cause gold, fire, water, and codes of the sacred law to be placed in the midst of them, also (other) holy and auspicious things.
18. In the middle of his fortress, he should build a house, with water and trees adjacent to it, apart (from other buildings), and let him use as court of justice (a room situated) on the eastern side of it, properly constituted and facing the east,
19. Furnished with garlands and with a throne,
13. Apararka, sadhukarmakriy&yukt4A satyadharmapardyan&h t akrodhalobh4A sastrag#ih sabhy4h kary4 mahibhuga ut
14, 15. Viram. p. 42. 15, 16. May. p. 4 (Mandlik).”
18, 19. Viram. p.10. The epithet lakshany4m, ‘ properly conp. 20supplied with grain, (decorated) with jewels, adorned with statues, pictures, and images of deities, and (provided) with fire and water.
20. Let the king try causes, attended by three judges, after having entered the excellent judicial assembly, in a sitting or standing posture.
21. The king having risen early in the morning and performed ablutions according to rule, and having shown due honour to Gurus (persons entitled to respect), astronomers, physicians, deities, Brahmans, and domestic priests,
22, And having saluted the Gurus and the rest, should enter the court-room, decorated with flowers, ornaments, and (fine) clothes, with a cheerful countenance.
23. Having entered the judicial assembly in the forenoon, together with the seniors, ministers, and attendants, he should try causes and should listen to (the expositions of) the Purdzas, codes of law, and rules of polity.
24. Let the king or a member of a twice-born caste officiating as chief judge try causes, acting on principles of equity, and abiding by the opinion of the judges, and by the doctrine of the sacred law.