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 9 of 14
7. If a man gambles with dice, without authorization from the king, he shall not get his stake, and shall have to pay a fine.
*8. Or let the gamblers pay to the king the share winning party. That portion which has to be paid to the king (see paragraph 8) may also be held to be included in this rule, as Brthaspati says: ‘Let the master of the gaming-house collect the stakes and pay his due to the winning party and to the king.’ Apastamba II, 10, 25, 12, 13; Y4gzavalkya II, 199, 200.
3. The rendering of the first portion of this paragraph is conjectural. It might also be translated as follows: ‘When the dice on being thrown fall twice repeated,’ i.e. when the number is twice as high as at the preceding throw.
4. Yagiavalkya II, 202. 6. YAgiiavalkya II, 202.
4,8. YAgfavalkya II, 201, 203. Paragraphs 7 and 8 are omitted in the Nepalese MS,p. 1 due to him and play in public, thus no wrong will be committed.
EIGHTEENTH TITLE OF LAW.
MISCELLANEOUS.
*1, Under the head of Miscellaneous (Disputes) are comprised lawsuits depending on the king, (such as) transgression of the king’s commandments and obedience towards his injunctions,
*2, Grants of towns, the division of the constituent elements of a state, the duties and the reverse of heretics, followers of the Veda, corporations (of merchants), and assemblages (of kinsmen).
*3. Disputes between father and son, neglect of (prescribed) penances, abstraction of gifts (made to worthy persons), the wrath of anchorites,
*4. Sinful confusion of castes, the rules regarding their means of subsistence, and (in short) whatever
XVIII, 1-4. The meagre contents of this title of law can hardly be said to be in keeping with the somewhat pompous announcement contained in paragraphs 1-4. On the whole, this title of Miscellanies, as defined by Narada and Brshaspati, may be described as treating of public law or the law of kings (ragadharma), private law being treated in the seventeen other titles of law.
1. ‘Obedience towards his injunctions,’ thus according to the Mitaksharé, p. 351. The Viramitrodaya refers the term tatkarmakarazam to those who, from arrogance, do such acts as are permitted to a king only, such as e. g. placing themselves on the king’s throne. .
2. ‘Grants of towns,’ i.e. to Brahmans and others, Nérada seems to be referring to the so-called Agraharas. Regarding the seven constituent parts of a state, see Manu VII, 157; IX, 294. Naigama has been translated ‘followers of the Veda,’ because it comes immediately after pashazdi, ‘heretics,’ See, too, X, 1. It usually denotes citizens or traders.
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has been omitted in the preceding (titles of law), are treated under the head of Miscellaneous.
5. The king shall be careful to protect all orders and the constituent elements of his state with the four means indicated by science.
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has been omitted in the preceding (titles of law), are treated under the head of Miscellaneous.
5. The king shall be careful to protect all orders and the constituent elements of his state with the four means indicated by science.
6. When any caste should remain (behind the rest) or exceed the limits (assigned to it, the king), seeing that it has strayed from its path, shall bring it back to the path (of duty).
7. So also, when other wicked acts, opposed to the dictates of the sacred law, have been committed, the king, after having reflected (upon the matter) himself, shall inflict punishment on those who deserve it.
8. What is opposed to revealed and traditional law, or injurious to living beings, must not be practised by the king; and when it is practised (by others), he must check it.
*9,. When an act contrary to justice has been undertaken by a former king from folly, he must redress that iniquitous enactment in accordance with the principles of equity.
*10. The weapons of soldiers, the tools of artizans, the ornaments of public women, the various musical or other instruments of professional (musicians, or other artists, &c.),
*11. And any implements by which artificers gain
5. * The four means’ of conciliation, division, bribery, and force. Manu VIII, 41.
6. Yagfavalkya I, 360. The Nepalese MS. offers a variation as regards the arrangement of paragraphs 6-11.
4. Manu VII, 16; VIII, 126; YAgfiavalkya I, 367; Vasish‘ha XIX, 8; Vishau III, 37.
10. For ‘the tools of artizans’ the Nepalese MS., in common with the Mitakshara, has ‘the beasts of burden and the like of carriers of goods.’
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their substance, must not be laid hold on by the king, even when he confiscates the entire property (of a man or woman).
12. It is not permitted to either advise or rebuke a king or Brahman, on account of their dignity and sanctity, unless they should swerve from the path (of duty).
13. That wicked man who does not act up to the laws proclaimed by the king, shall be fined and corporally punished, as offending against the king's commandments.
14. If the king were remiss in dictating punishments to (members of) any caste, when they have left the path (of duty), the created beings of this world would perish.
15. Brahmans would leave the sacerdotal caste,and Kshatriyas would forsake the Kshatriya caste. The stronger would eat up the weaker, like fish on a spit.
16. The Vaisyas would abandon their work, and the Sddras eclipse all (the rest), if the kings did not visit their subjects with punishment (when they have committed an offence).
17. To show favour to the virtuous at all times and to oppress the wicked, that is declared to be the duty of kings; gain (results to them) from the oppression of their foes.
18, As fire is not polluted even though it always burns the creatures of this world, even so a king is not polluted by inflicting punishment on those who deserve it.
18, As fire is not polluted even though it always burns the creatures of this world, even so a king is not polluted by inflicting punishment on those who deserve it.
19. Intelligence is the glory of rulers; it becomes
14,15. Manu VII, 20. 16. Manu VII, 21, 24. 1g. For ‘intelligence’ the Nepalese MS. has ‘a royal edict.’
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manifest in their speeches; whatever sentence they may pass, whether unjust or just, settles the law between litigant parties.
20. (Law) personified as a king, roams on earth visibly, with a thousand eyes. Mortals cannot live at all if they transgress his commandments. |
21. Whatever a king does is right, that is a settled rule; because the protection of the world is entrusted to him, and on account of his majesty and benignity towards living creatures.
22. As a husband though feeble must be constantly worshipped by his wives, in the same way a ruler though worthless must be (constantly) worshipped by his subjects.
23. In order that mortals, fearing the orders issued by kings, might not swerve from the path of duty, therefore royal orders are declared to arise from lawsuits.
24. It is for the establishment of order that various laws (Aaritra) have been proclaimed by kings. A royal order is declared to overrule such laws even.
25. A ruler has purchased his subjects through (the practice of) austerities; therefore the king is their lord. For that reason, his bidding must be obeyed; their livelihood even depends on the king.
26. Kings, endowed with immense power, appear (variously) in the five different forms of Agni, Indra, Soma, Yama, and the God of Riches.
24. Karitra seems to mean ‘law’ or ‘custom’ in this place. Regarding the comparative authority of Aaritra and ragasAsana, ‘a royal order,’ see p. 7, note. The Nepalese MS. omits 23, 24.
26. Read rfpazi in the text.
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27. When a ruler is, either justly or without (sufficient) reason, ardent in wrath and burns (or torments) his subjects, he is called Agni (the god of fire).
28. When, relying on his regal power, the king attacks his foes, desirous of victory and upraising a weapon, he is termed Indra.
29. When, free from ardent wrath, he appears before his subjects with a cheerful countenance, he is denoted Soma (the Moon).
30. When the king having seated himself, full of majesty, on the throne of judgment, deals out punishment, equitable towards all creatures, he is called Vaivasvata (or Yama).
31. When a ruler gladdens with gifts petitioners, persons commanding respect, wise men, servants and others, he is called the God of Riches.
32. Therefore one must not treat him with contempt, and, particularly, not scold at him, and pay obedience to his bidding; to disobey him would bring on (instantaneous) death.
33. His duties are, the protection of his subjects, honouring the aged and wise, the trial of lawsuits, and to make (each caste) abide by the duties assigned to it.
33. His duties are, the protection of his subjects, honouring the aged and wise, the trial of lawsuits, and to make (each caste) abide by the duties assigned to it.
34. Let a king be constantly intent on showing honour to the Brahmans. A field furnished with Brahmans is the root of the prosperity of the world.
35. A Brahman may command respect, and a
24. Manu IX, 310. 28. Manu IX, 304.
29. Manu IX, 309. 30. Manu IX, 307.
33. Manu VII, 35, 38; VIII, 3, &c.
34. Manu VII, 82, 83; Yag#avalkya I, 314.
35. Manu VII, 37.
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distinguished seat at the king’s court. The king shall show his face in the morning before the Brahmans first of all, and shall salute them all.
36. When nine or seven persons (of different rank) meet, they shall first make room for the Brahman to pass by. (Further privileges assigned to the Brahman caste are) free access to the houses of other people, for the purpose of begging alms,
37. The right to collect fuel, flowers, water, and the like, without its being regarded as theft, and to converse with other men’s wives, without being restrained (in such intercourse) by others,
38. And the right to cross rivers without paying any fare, and to be conveyed (to the other bank) before other people. When engaged in trading and using a ferry-boat, they shall have to pay no toll.
36. That privilege of the Brahman caste, which is referred to in the first part of this paragraph, finds its explanation in a wellknown rule of the Dharmasdstra regarding persons for whom way must be made, on meeting them in a road. Thus it is ruled by Gautama (VI, 24) that way must be made for a man seated in a carriage, for one who is in his tenth (decade), for one requiring consideration, for a woman, for a Snftaka, and for a king; but that a king himself must make way for a Srotriya (learned Brahman). This makes in all seven persons for whom way should be made. Manu (II, 138), Y4g#avalkya (I, 117), Baudhdyana (II, 6, 30), and Vishwu (LXIII, 51) agree in enumerating eight persons of this sort. Wasish/ha (XIV, 57-60) mentions nine. See, too, Apastamba II, 5, 11, 5-7.
37. Manu VIII, 339; Apastamba I, 10, 28, 3; Gautama XII, 28; YAgaavalkya II, 166.
38. Manu VIII, 407; Vishvu V, 132. The last clause is thus given in the Nepalese MS.: ‘ They shall have to pay no toll on being carried across a river in a ferry, unless (they should cross it) for trading purposes.’
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39. A Brahman engaged in travelling, who is tired and has nothing to eat, commits no wrong by taking himself two canes of sugar or two esculent roots.
40. (No gift must be accepted) from one accused of a crime, an outcast, an enemy, an atheist, one in distress, without necessity, or after inflicting pain on the giver.
40. (No gift must be accepted) from one accused of a crime, an outcast, an enemy, an atheist, one in distress, without necessity, or after inflicting pain on the giver.
41. (Gifts shall be accepted) from industrious people on account of their wealth, and from generous people because it is proper to accept gifts from such; to accept gifts from kings is laudable; (they may be accepted) from all people excepting Brahmans.
42. Between a Brahman and a king, who are both devoted to their duty, there is no difference of any sort, when they protect mankind (acting) in accordance with the sacred law.
43. If a ruler, though severe, is mindful of his duty, correct in his conduct, and (quick to) punish the wicked, in order to protect (the virtuous), his wealth is declared to be pure.
44. When a man accepts a gift from a covetous king, who transgresses the precepts of the sacred books, he shall have to pass through the well-known twenty-one hells in succession.
45. As pure and impure waters become alike on their junction in the ocean, even so (all) property acquired by a king (becomes pure in his hands).
39. Gautama XII, 49, 50; Manu VIII, 341. Or ‘five esculent roots,’ according to the Nepalese MS.
40. Manu II, 185.
44. For a list of the twenty-one hells, see Manu IV, 88-90 ; Vishvu XLII, 1-22. The Nepalese MS. omits this paragraph.
45. A different opinion has been enounced above, XV, 14.
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46. As gold, on being thrown into blazing fire, acquires purity, even so all gains become pure in the hands of kings.
47. When any man gives any property of his to Brahmans, the king must give his consent to it; this is an eternal law.
48. Both the other customary receipts of a king and what is called the sixth of the produce of the soil, form the royal revenue, the reward (of a king) for the protection of his subjects.
49. Whatever has been bestowed on others than. Brahmans may be resumed; but that which has been given to Brahmans can never be taken back again.
50. To give, to read, and to sacrifice (on his own account) are the three duties of a Brahman. To sacrifice for others, to teach, and, thirdly, to collect alms are his (three) means of subsistence.
51. Let a Brahman be devoted to his duty and take a livelihood from the king, and let him not accept gifts from persons of vile origin, if he is anxious to observe the law.
52. How should a king be inferior to a deity, as it is through his word that an offender may become innocent, and an innocent man an offender in due course ?
53. Those who being acquainted with the divine nature of a king, endowed with majestic dignity as he is, accept gifts from him, do not in the least disgrace themselves (by doing so).
54. In this world, there are eight sacred objects:
48. Manu VII, 130-132; Gautama X, 24-27; Vasish/ha XIX, 26, 27; Apastamba II, 10, 26, 9; Vish#u III, 22-25; Baudhayana I, 10, 18, 1.
50. Manu I, 88, &c.
p. 55
54. In this world, there are eight sacred objects:
48. Manu VII, 130-132; Gautama X, 24-27; Vasish/ha XIX, 26, 27; Apastamba II, 10, 26, 9; Vish#u III, 22-25; Baudhayana I, 10, 18, 1.
50. Manu I, 88, &c.
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a Brahman, a cow, fire, gold, clarified butter, the sun, the waters, and a king as the eighth.
55. These one must always look up to, worship and honour them personally, and turn the right side towards them, in order that one’s existence may be prolonged.
APPENDIX.
THEFT},
1. Two kinds of robbers who steal the goods of others have to be distinguished, the one kind open, and the other kind concealed. Let a prudent king try to find them out.
*2. Open rogues are those who forge measures and weights, receivers of bribes, robbers, gamblers, public prostitutes,
*3. Those who walk in disguise, those who live by teaching the performance of auspicious ceremonies, these and such like persons are considered open rogues.
*4. Rogues acting in secret are those who roam in the wood, or lie concealed, as well as those who make a profession of stealing. They attack and rob (those who do not beware of them).
5. Those who infest a country, a village, or a house, or disturb a sacrificial act, cut-purses, and
1 This section is found in the Nepalese MS. only. See Introduction, The reading of several passages is uncertain, and this circumstance, taken together with the want of a Commentary, renders my translation less reliable than could be desired.
Appendix. Theft. 1-4. Manu IX, 256-260. The technical terms have been translated in accordance with the glosses of Manu’s commentators, as given in the notes to Professor Bithler’s translation. In par. 4, mushy4m seems to stand for mushty4m.
p. 6
other persons of this sort have to be considered as concealed rogues also.
*6. Blameless persons with whom the stolen goods are not found must not be chastised as robbers by the king; but let him quickly punish those robbers as guilty of theft with whom the stolen goods have been found.
*7, Those (rogues) who ravage in their own country, and those who disturb sacrificial acts, he shall strip of their entire wealth and rebuke them severely.
*8. Those on whom the stolen goods have not been seized he must examine, when they have been arrested from suspicion. Their fear having been excited, they will give evidence, through anxiety, in accordance with the facts of the case.
*9. Questions shall be proposed to them antithetically with regard to place, time, region, their caste, their name, their dwelling, and their occupation, in case they happen to be workmen.
*10. When the face changes colour or the voice falters, or the features look suspicious, when they do not give evidence in public, when they make impossible statements as to place and time, when there exists a doubt as to their place of residence,
*10. When the face changes colour or the voice falters, or the features look suspicious, when they do not give evidence in public, when they make impossible statements as to place and time, when there exists a doubt as to their place of residence,
*11, When they indulge in expense for bad purposes, when they have been previously convicted of larceny, when they keep bad company, or when documents speak against them, (by all such circumg. ‘ Antithetically ’ (vinigrahe), or ‘when they have been arrested.’
10, 1x. A somewhat analogous description of the signs by which a false witness may be found out, has been given previously: I, 193-196.
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stances) they may be discovered (to be thieves), not by the possession of the stolen goods alone.
*12, Whena ruffian or robber becomes suspected, and (the judge) has found out circumstantial evidence (which speaks against him), he shall be caused to make an oath.
*13. Those who give food to thieves, as well as those who supply them with fire or water, or who give shelter, or show the way to them, or make their defence,
*14. Or who buy their goods, or receive (their goods), are held to be equally punishable as they, and so are those who conceal them.
15. Those who in a principality are the governors of that principality, and the neighbours called in (to watch over the safety of life and property) are (reckoned as) equal to thieves, when they stand neutral during the attack (of robbers).
*16. He on whose ground a robbery has been committed, must trace the thieves to the best of his power, or else he must make good what has been stolen, unless the footmarks can be traced from that ground (into another man’s ground).
*17, When the footmarks, after leaving that ground, are lost and cannot be traced any further, the neighbours, inspectors of the road, and governors of that region shall be made responsible for the loss.
12. The term lesa has been rendered by ‘ circumstantial evidence,’ because it seems to be synonymous with yuktilesa, I, 236.
13, 14. Manu IX, 271, 278.
15. Nearly identical with Manu IX, 272.
16. The term gofara, translated ‘ground,’ may denote the landed property or pasture ground of a whole village. See above, XIV, 22, 23.
17. See XIV, 24.
33] Q
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18. When a house has been plundered, the king shall cause the thief-catchers, the guards, and the inhabitants of that kingdom to make good the loss, when the thief is not caught.
19. Or, if he is a wicked man and there exists a doubt as to (whether) the robbery (was actually committed or not), the person (alleged to have been) robbed shall be caused to make an oath regarding the robbery, to clear himself (from suspicion).
20. When another person than the thief has been accused of robbery and has been declared thief, because he is unable to prove his innocence, he shall be paid twice as much (as has been stolen), after the (real) thief has been detected.
20. When another person than the thief has been accused of robbery and has been declared thief, because he is unable to prove his innocence, he shall be paid twice as much (as has been stolen), after the (real) thief has been detected.
21. When a man has obtained property stolen by a thief, he must restore it in its pristine shape ; if it be no longer in existence, he must make good its value, and must be made to paya fine to the same amount.
*22. For stealing wood, cane, grass and the like, (utensils) made of clay, bamboo, utensils made of bamboo, rattan, bone, leather,
*23. Vegetables, green roots, grass or flowers, cow-milk, molasses, salt, or oil,
*24. Cooked food (and other) prepared food, spirituous liquor, flesh, and every sort of objects of small value—(for stealing any of these) a fine five times the value (of the article stolen should be paid).
*25. (For stealing) any articles sold by weight or measure or tale, the fine shall be eight times their amount, in case they are very valuable.
19. The senseless reading of the MS., dapyaka tesham, has been conjecturally altered into doshakartaisha. 22-24. Manu VIII, 326-329. 25. Manu VIII, 321.
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26. Corporal punishment (or death) shall be inflicted on him whosteals more than ten Kumbhas of grain; where the amount is less, he shall be made to pay eleven times as much. Thus Manu has declared.
*27, (For stealing) more than a hundred (Palas’ worth) of gold, silver, or other (precious metals), or the finest clothes, or very precious gems, corporal punishment (or death shall be inflicted).
28. He who steals a man shall have to pay the highest fine; he who steals a woman (shall be stripped) of his entire wealth; and he who steals a maiden (shall suffer) corporal punishment.
*29. On him who forcibly seizes large domestic animals, the highest fine shall be inflicted; the middlemost amercement on him who takes cattle of middle size; and the smallest fine on him who steals small cattle.
30. The first (or lowest) fine to be inflicted on a guilty person shall amount to neither more nor less than twenty-four (Pazas). The middlemost fine shall consist of not more than four hundred, and not less than two hundred (Pamas).
31. The highest fine should be known to consist of not more than a thousand, and not less than five hundred (Pazas). This is the threefold gradation of punishment, which has been proposed by the Self- Existent for robberies.
26. Manu VIII, 320. 27,28. Manu VIII, 321, 323.
29. Manu VIII, 325.
30, 31. The reading of these two paragraphs is quite uncertain. The rules laid down here apparently differ considerably from the analogous rules of Manu (VIII, 158) and other legislators.
Q 2
p. 32
*32. (When the offence has been committed) for the first time, cut-purses shall have their (little) finger and thumb cut off. (When it has been committed) for the second time, the first fine shall be levied on them.
Q 2
p. 32
*32. (When the offence has been committed) for the first time, cut-purses shall have their (little) finger and thumb cut off. (When it has been committed) for the second time, the first fine shall be levied on them.
*33. For (stealing) cows belonging to a Brahman, for piercing (the nostrils of) a barren cow, and for stealing a female slave, (the thief) shall in every case lose half his feet.
34. With whatever limb a thief acts among men, that very (limb) shall be taken from him, this is a law enacted by Manu.
35. Let him inflict a specially heavy punishment on a specially criminal thief, or (a lighter one) on one whose offence is less heavy. But let him not (punish an habitual thief) in the same way as for the first offence.
36. Manu, the son of the Self-Existent, has declared ten places of punishment, which should be (selected) in (punishing members of the) three (lower) castes ; a Brahman should remain uninjured always.
37. (Those places are) the privy parts, the belly, the tongue, the two hands, and, fifthly, the two feet ; as well as the eye, the nose, the two ears, the property, and the body.
32. Manu IX, 277.
33- The parallel passage of Manu (VIII, 325) shows that sthfrayas khedanam is the correct reading. For the three different explanations of this term, which have been proposed by the commentators of Many, see the note to Professor Buhler’s translation. The translation follows the interpretation proposed by Kullfka, Govindaraga, and Raghavananda, which appears to be preferable to the others.
34. Nearly identical with Manu VIII, 334.
36, 37. Nearly identical with Manu VIII, 124, 125.
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38. After carefully considering the (nature of the) offence, the place and time, and after examining the ability (of the offender), and the motive (by which he was actuated), he shall inflict these punishments.
39. Neither for the purpose of gaining a friend (in him), nor for the acquisition of large wealth, must a wicked criminal be suffered to go free by the king. Thus Manu has declared.
40. By pardoning an offender, a king commits the same offence as by punishing an innocent man. Religious merit accrues to him from punishing (the wicked).
41. Let him not on any account kill a Brahman, though convicted of all possible crimes. He may at pleasure cause him to be banished, thus has the law been settled.
42. Let the king take his entire wealth from him or leave him a fourth part of it (only he must not take his life), remembering the law promulgated by the Creator. This is just.
43. For four offences of a Brahman, branding him is ordained (as punishment) : for violating the bed of a Guru, for drinking spirituous liquor, for theft, and for hurting another Brahman.
*44. For violating the bed of a Guru, (the brand of) a female part should be made; for drinking
38. Manu VIII, 126. 39. Manu VIII, 347.
40. Nearly identical with Manu IX, 249.
41. Manu VIII, 380.
*44. For violating the bed of a Guru, (the brand of) a female part should be made; for drinking
38. Manu VIII, 126. 39. Manu VIII, 347.
40. Nearly identical with Manu IX, 249.
41. Manu VIII, 380.
42. The third Pada of this paragraph has been conjecturally altered, as it cannot be made out in the MS,
43. Manu IX, 236.
44, 45. Manu IX, 237. The last Pada in paragraph 44 cannot be made out in the MS.
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spirituous liquor, (the brand of) a liquor sign is ordained; for theft, he shall make (the brand of) a dog’s foot (on his forehead).
45. The slayer of a Brahman shall have (the brand of) a headless man stamped on his forehead, and it is forbidden to speak to him. This is a law enacted by Manu.
46. A thief must approach the king with flying hair, running, and proclaiming his theft (with the words): ‘Thus have I acted. Chastise me.’
47. By so doing he is cleared from guilt, because he has confessed his deed; the king, thereupon, shall touch him (with a club), or dismiss him, if he is innocent.
48. Those men who have received a punishment from the king for an offence committed by them, proceed to heaven, free from sin, as (if they were) virtuous men who had acted well.
49. Whether he be punished or released, the thief is freed from his crime; if, however, the king does not punish him, the crime committed by the thief falls on (the king) himself.
50. Self-possessed men are corrected by their Guru; wicked men are corrected (or punished) by the king; but those who have sinned in secret are corrected by Yama, the son of Vivasvat.
51. The crime of a Sidra in theft is eightfold (that of a man of the lowest caste); of a Vaisya, sixteenfold ; and of a Kshatriya, thirty-twofold.
46. Nearly identical with Manu VIII, 314.
48. Identical with Manu VIII, 318.
49. Nearly identical with Manu VIII, 316.
51. Nearly identical with Manu VIII, 337.
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52. Of a Brahman, sixty-fourfold; thus the son of the Self-Existent has declared. Knowledge makes a difference also. For knowing persons, (the punishment) is specially severe.
*53. Punishment is pronounced to be twofold: corporal punishment and fines. Corporal punishment is again declared to be of ten sorts; fines are (also) of more than one kind.
*54. Fines begin with a K4kazi, and the highest amount of a fine is one’s entire property. Corporal punishment begins with confinement and ends with capital punishment.
*55, ‘Fines beginning with a Kakaat’ are declared to amount to no less than one M4sha. Those are called ‘fines amounting to no less than a MA4sha’ which amount to one KArshdpama at most:
*56. ‘Fines beginning with no less than a K4rshépaza’ are those amounting to no less than four K4rshapavas; or which begin with two, and end with eight (K4rsh4pamas) ; or which begin with three, and end with twelve (K4rshApazas).
‘Fines beginning with no less than a K4rshépaza’ are those amounting to no less than four K4rshapavas; or which begin with two, and end with eight (K4rsh4pamas) ; or which begin with three, and end with twelve (K4rshApazas).
*57. A K4rshapaaa is a silver coin in the southern country ; in the east, it is an equivalent for (a certain number of) Pazas, and is equal to twenty Pawas.,
52. Manu VIII, 338.
53- Manu VIII, 129. See too, above, paragraphs 36, 37.
54. Kakani or K&kiztf is the name of a small coin. See par. 58.
53-56. This passage is quoted in the Smrttizandrika, with several different readings. One of them, in par. 55, deserves special notice. For maish4varah smatah (read smrita&), the Smritié, reads mAshaparak smritaf, ‘are declared to amount to no more than one M4sha.’ This is probably the correct reading.
57. According to Manu (VIII, 136), the K4rshapama is a copper coin. The reading of the second half of this paragraph is quite uncertain. .
p. 58
*58. A MAsha should be known to be the twentieth part of a Karshapaza. A K4kamt is the fourth part of a M4sha or Pala.
59. By that appellation which is in general use in the region of the Punjaub, the value of a Karsh4paza is not circumscribed here.
*60. A K4rsh4paza has to be taken as equal to an Azdik4; four of these are a Dh4naka; twelve of the latter are a Suvarza, which is called Dinara otherwise.
61. Let the king practise the duties of his office, and (follow) the rule of inflicting punishment, faithful to the tenets (of the sacred law). Let him destroy accordingly, as governor, the evil-doers, after having traced them by the application of cunning stratagems and arrested them.
59. The term iha, ‘here,’ may be either referred to the place of residence of the author of the Narada-smrtti, or it may mean ‘in this work.’
60. An Andika is elsewhere reckoned at four Yavas. In the Viramitrodaya and other works, this text is attributed to Brzhaspati. The coin called Dinara is the Roman denarius.
QUOTATIONS FROM NARADA.
I. JupictaL PROCEDURE.
1, 2. He is called a (Pradvivaka or) chief judge who—fully acquainted with the eighteen titles (of law) and with the eight thousand subdivisions thereof, skilled in logic and other branches of science, and thoroughly versed in revealed and traditional lore—investigates the law relative to the case in hand by putting questions (pr4¢) and passing a decision (vive#ayati) according to what was heard or understood by him.
3. Let not a king actuated by arrogance or avarice promote litigation among persons not engaged in a controversy.
4. The king shall examine judicial quarrels between two litigant parties in a proper way, acting on principles of equity and discarding both love and hatred.
5. (In disputes) among merchants, artizans, or the like persons, and in (disputes concerning) persons subsisting by agriculture or as dyers, it is impossible for outsiders to pass a sentence; and the passing of
5. (In disputes) among merchants, artizans, or the like persons, and in (disputes concerning) persons subsisting by agriculture or as dyers, it is impossible for outsiders to pass a sentence; and the passing of
I, 1,2. Smriti&. ashAdasapadabhigfas tadbhedash/asahasravit | AnvikshikyAdikusalah srutismritiparfyanah W vivadasamsritam dharmam prikkhati pra/srutam matam | vivefayati yas tasmat pradvivakas tu sa smritah II
3. Viram. p. 48.
4. Vy. K. rag& dharmasahdyas tu dvayor vivadamfnayoh samyak kAry4ny aveksheta régadveshavivargitah
5. Vy. &.; May. p. 6 (‘Vy4sa’).
p. 6
the sentence must, therefore, be entrusted to persons acquainted with such matters (in a cause of this sort).
6. A lawsuit cannot be instituted mutually between a teacher and his pupil, or between father and son, or man and wife, or master and servant.
7. A plaint is declared (inadmissible) likewise by the learned in law, when it has been raised by one against many, or by women, or by menials.
8: He shall be admitted as plaintiff whose grievance is the greater, or whose affair is the more important of the two, and not he who was the first to go to law.
g. Half of the (ordinary) punishment is declared for him who either confesses his deed, after having committed an illicit act of violence, or says of his own accord, ‘ It is true.’
10. When (an assessor of the court) has recognised the royal mind to swerve from the path of duty, he must not pronounce ah opinion which is agreeable to the king. (It is only by declaring what is just that) he becomes free from sin.
1. Transgression of (the king’s) commands, killing a female, mixture of castes, illicit intercourse with another man’s wife, robbery, pregnancy caused by another man than the husband,
6. Vy. K.; Viram. p. 46 (‘ Brzhaspati’).
y. Vy. K.; Viram. p. 47. 8. Viram. p. 60.
g. Smritit. ayuktam sahasam kritva praty4pattim vraget tu yah brfiyat svayam va sad iti tasya Adrthadama/’ smrtah tt
10. Viram. p.15. ‘He must not pronounce an opinion which is agreeable to the king,’ i.e. he must not endeavour to please him by what he declares, but must deliver an equitable opinion. By acting thus, he becomes free from sin. Viram.
11,12. Viram. p. 50.
fl, 1. THE PLAINT. 235
12. Abuse, insulting language, assault, and procuring abortion, are the ten (principal) crimes.
13. He who arrests (his adversary) by illegal means, such as by stopping his speech (through gagging the mouth), or by preventing him from breathing, and the like practices, is liable to punishment; but one who breaks (such arrest} is not (punishable). -
14. When a lawsuit has been judged without any previous examination of witnesses (or other evidence), or when it has been decided in an improper manner, or when it has been judged by unauthorized persons, the trial has to be renewed.
-
14. When a lawsuit has been judged without any previous examination of witnesses (or other evidence), or when it has been decided in an improper manner, or when it has been judged by unauthorized persons, the trial has to be renewed.
15. Whatever propetty, whether movable or immovable, has been kept (under the care of the judge, after having become the subject of a dispute}, must be handed over afterwards to the victorious party together with the interest (accruing on it) and with a document (attesting his victory):
II. Tue Paint.
1. The defects of a plaint have been declared as follows. (It is defective, if it) relates to the property of a stranger; if it is without an object; if it does not state any quantity,; if the mode of acquisition is not referred to in it; if too little or too much is written in it; and if it is unmeaning.
13. May. p. 2. See above, pp. 12-19. This text shows very clearly what is meant by the technical term ‘arrest’ (Asedha).
14. Vy. KX. asikshikam tu yad drish/am vimfrgena fa ttritam | asammatamatair dr?sh/am punardarsanam arhati tt
15. Smrztiz. madhye yat sthApitam dravyam kalam v4 yadi va sthiram | pask4t tat sodayam dapyam gayine pattrasamyutam Ul
II, 1-8. Viram. pp. 65, 66.
p. 2
2. That plaint is declared by the wise to ‘relate to the property of a stranger’ in which joint property is referred to in a claim raised by one man alone who has no right to it, or without authorization from the other joint proprietors.
3. A plaint is said to be ‘without an object’ when a man, actuated by hatred or anger, taxes another with the murder of a Brahman (or some other deadly sin) and revokes his own charge afterwards on being required to prove it.
4. That plaint ‘does not state any quantity’ in which no figure is given with regard to a certain quantity, writing, measure, field, house, or other (object).
5. That plaint ‘contains no reference to the mode of acquisition’ which does not say whether (the property in dispute) has been acquired by learning, or gained as profit (or interest), or purchased, or obtained by inheritance.
6. ‘ Too little’ is said to be written in that plaint in which the year, month, fortnight, lunar day, and dayo f the week is not referred to.
7. ‘Too much’ may be said to be written in that plaint in which (the plaintiff) after having caused the plaint to be written goes on to mention the witnesses at once, without waiting for the answer (of the defendant) to be delivered.
8. That plaint is declared to be ‘unmeaning’
2. That plaint is meant in which a stranger or one not authorized by his partners claims the property of a fellowship. Viram.
3. That plaint is said to be without an object which is dropped afterwards by the claimant himself. Viram.
7. ‘Witnesses,’ or evidence generally. Viram.
8. There is another reading, ubhayam pfirvam, under which the
p. 237
Viram.
3. That plaint is said to be without an object which is dropped afterwards by the claimant himself. Viram.
7. ‘Witnesses,’ or evidence generally. Viram.
8. There is another reading, ubhayam pfirvam, under which thep. 237 which is rendered unclear by the mode of writing (exhibited in it), though the claimant’s previous statements be (duly) entered in it.
g. Let him avoid, as a mere semblance of a declaration, (a plaint the tenour of) which is unnatural, not connected with an injury, senseless, purposeless, incapable of being proved, or at variance (with possibility, or with justice).
10. That suit which is prohibited by the king, or opposed to the interests of the citizens, or of the whole kingdom, or of the constituent elements of the state,
11, As well as (those suits) which are opposed to the interests of a town or village, or of eminent persons: all such suits are declared to be inadmissible.
12. A plaint in which several different subjects are mixed up together can have no effect.
claimant is stated to have proffered both the accusation and the answer. Vifram.
9. Vy. K.; M.Macn. I, 4, ro (uncertain). ‘ Unnatural,’ such as e.g. That person has taken my rabbit’s horn and refuses to restore it. ‘Not connected with an injury,’ as, That man is doing his business in his own house by the light of a lamp which is burning in mine. ‘Senseless’ (a number of syllables strung together), without any intelligible meaning, as, e.g. kakafapam or gadadagavam. ‘Purposeless,’ as, This man, Dedavatta, is warbling a melodious song before my house. ‘Incapable of being proved,’ as, Devadatta mocks me by a frown. Such an assertion as this is incapable of being proved, because it does not admit of proof. Owing to the transient nature of the act, witnesses are not available, much less can documentary evidence be resorted to; nor would it be proper to perform an ordeal, on account of the trifling nature of the charge. ‘At variance’ (with possibility), as, A dumb man has cursed me. Or, ‘at variance’ with the interests of a town or kingdom, M.
10,11, Vy. K.; M. Macn. I, 4, 11 and May. p. ro (uncertain).
12. V.T.; M. Macn. I, 4, 12, &c. (uncertain). Each subject shall
p. 13
13. That plaint is declared to be inadmissible in which the order (of the words) is inverted, or the arrangement confused, or scattered what belongs together, or which is meaningless, or relative to bygone times, or unapproved.
14. The order (of the words) is said to be inverted in that plaint the meaning of which is rendered unclear by the omission (of certain words) in their proper place, and which is not accepted (in consequence).
15. When the original claim is forsaken and replaced by a different proposition, the plaint is declared to be meaningless, and the previous claim is not carried.
15. When the original claim is forsaken and replaced by a different proposition, the plaint is declared to be meaningless, and the previous claim is not carried.
16. When a claim is raised in regard to certain property long after the expiration of the proper time, the plaint is said to relate to bygone times, though evidence be forthcoming.
17. That suit in which the claim relates to one thing, and the judicial investigation to another, is declared to be unapproved, because the trial is inconsistent.
18. When the plaintiff in his written claim conbe examined in its turn, not all subjects at the same time. A plaint referring to many distinct articles or to several different accusations is not faulty under this rule. M.
13-20. Viram. pp. 67, 68.
13, 14. ‘The order is inverted,’ i.e. several syllables are inverted in position in the written charge. Viram., Smritié.
13. ‘The arrangement is confused,’ when the natural order of the sentence is interrupted and the sense vitiated in consequence.. Viram., Smritié.
13. ‘Scattered what belongs together,’ i.e. the several parts of a proposition are not put together. Ibid.
17. ‘Because the trial is inconsistent,’ because the different parts of the suit do not agree. Smritid.
p. 239
founds the charge with the evidence, such a claim also cannot take effect, because the proper order of propositions is violated in it.
19. That plaint should be utterly rejected in which . two claims are entered at once, one reasonable, and the other unreasonable.
20. Should a man make mutually conflicting statements in a plaint, his claim cannot succeed because of its being vitiated by inconsistent assertions.
21. When a man though capable (of proving his claim) omits to prove it for twenty or ten years, after the plaint has been lodged by him, his declaration becomes futile (in consequence).
22. (The plaintiff) may amend the plaint while the answer has not been delivered. When the plaint has been answered, the corrections must cease.
III], Toe ANSWER.
1. When a plaint of this description has been tendered by the plaintiff, the defendant shall deliver an answer corresponding to such plaint.
2. That is called a (true) answer by those acquainted with the subject, which meets the plaint, and is concise, clear, consistent, and easily intelligible without an explanation.
3. If a man’s courage fails him when he is about to make a statement in a lawsuit, a delay must be
21. Smritif. upeksha yatra sidhyasya vimsatim dasa va sama | saktendpi krzte vide tasya paksho mrzsh& bhavet u
22. Viram. p. 20.
III, 1. Smrvtiz.; Raghunandana, pp. 12, 16 (‘ Brzhaspati’).
2. M. Macn. I, 5, 3 (uncertain); V. T., &c.
3. Smriti#. matir notsahate yasya vivade vaktum ikshatah | ditavya eva kala# sydd arthipratyarthinor apip. 4 granted to him (by the judge), whether he be plaintiff or defendant.
12, 16 (‘ Brzhaspati’).
2. M. Macn. I, 5, 3 (uncertain); V. T., &c.
3. Smriti#. matir notsahate yasya vivade vaktum ikshatah | ditavya eva kala# sydd arthipratyarthinor apip. 4 granted to him (by the judge), whether he be plaintiff or defendant.
4. When the defendant contradicts the charge, such an answer is termed a denial in a cause.
5. When, the plaint having been reduced to writing by the plaintiff, the defendant admits it but adduces some special circumstance, it is called a (retort in the form) pratyavaskandana (special plea).
6. That (answer) is no (true) answer which is dubious, not to the point, too narrow, too extensive, or meeting one part only of the plaint.
7. An answer which treats of a different subject, or which is incomplete, or couched in obscure language, or confused, not intelligible without an explanation, or unreasonable, will never enable (the defendant) to gain his cause.
4. Raghunandana, p.17; M. Macn. I, 5, 7, &c. (‘ Katyayana’).
5. M. Macn. I, 5, 9.
6,7. V.T.; M.Macn.I, 5,11. ‘Dubious,’ as when (the plaintiff) having declared: This man has received a hundred Suvarzas from me, (the defendant replies): Yes, I have received a hundred Suvargzas or a hundred Mashas. ‘Not to the point,’ as when a debtor being sued for a hundred Suvaraas, replies that he has received a hundred Pazas. ‘Too narrow,’ as when (a debtor) being sued for a hundred Suvaraas, replies that he has received five. ‘Too extensive,’ as when (a debtor) being sued for a hundred Suvarnas, replies that he has received two hundred. ‘ Meeting one part only of the plaint,’ as when (a debtor) being sued for gold, clothes, and other objects, replies that he has received gold but nothing else. ‘Which treats of a different subject, as when an action for debt is answered by referring to a different title of law, e.g. when a man being sued for a debt of a hundred Suvarmas, replies, He (the plaintiff) has struck me. ‘Incomplete,’ not containing any reference to the particulars of country, place, and so on, as when the plaint states a certain field situated in the central country (Madhyadesa) near Benares, towards the east of it, to have been seized by the defendant, and the defendant replies merely, ‘I
p. 241
8. In the case of a denial, the burden of proof rests’ with the plaintiff ; in the case of a special plea, (it rests) with the defendant.
9. Let (the plaintiff) make an answer which corresponds to (the contents of) the plaint. If he does not (make an answer), the king shall cause him to make one, by employing (any of) the (four) methods of conciliation, division, and the rest, till the matter has been cleared up.
10. When, in the case of a denial (on the part of the defendant) the plaintiff himself admits such (denial) as correct, it has to be considered as a confession, and one half of the (ordinary) fine shall be inflicted on the plaintiff.
10. When, in the case of a denial (on the part of the defendant) the plaintiff himself admits such (denial) as correct, it has to be considered as a confession, and one half of the (ordinary) fine shall be inflicted on the plaintiff.
11. In the case of a denial, the burden of proof rests with the plaintiff; in the case of a special plea, have taken it” ‘Couched in obscure terms,’ as when in a suit for a hundred Suvarnzas the defendant exclaims, ‘Am I the only person indebted to this man?’ implying by his speech that the chief judge, or assessors, or plaintiff, is indebted to another man. ‘Confused,’ inconsistent, as when in an action for a hundred Suvarmas the defendant declares, ‘Yes; I have received that sum, but I do not owe it.” ‘Not intelligible without an explanation,’ owing to the use of wrong inflections, compounds, or constructions, or to the employment of a foreign language. ‘Unreasonable,’ contrary to common sense, as when the plaint runs as follows: The defendant has received a hundred Suvarnas from me, repayable with interest, and has paid the interest only, and not the principal; and the defendant replies: ‘Yes; I have paid’ the interest, but have not received the principal.’ M.
8. M. Macn. I, 5, 14 (uncertain); May. p. 11.
g. Smritié. yathartham uttaram dady4n na fet tad dapayen nrzpak 1 sAmabhed4dibhir mfrgair yavat soxrthak samuddhritah ut Bribery and force are the two remaining methods.
ro. SmritiZ. nihnave tu yad4 vadt svayam tat pratipadyate | gfey sampratipattis tu tasyardho vinayak smritah u
11. M, Macn. II, 6, 5.
(33) Rp. 12 it rests with the defendant ; but in a plea of former judgment, all that is required in the shape of proof is to produce the previous decree.
12. The defendant is at liberty to delay his answer for three days, or for five days even.
IV. WRITINGS AND POSSESSION.
1. A writing (or document) should be signed by witnesses, the (natural) order of ideas and syllables should not be interrupted, local customs and general rules should be observed in it, and it should be complete in every respect.
2. A document signed by the king with his own hand, or sealed with his own seal, is declared to be a royal document, and is (considered as equal to) an attested document in all affairs.
3. A document suspected (to have a blemish) is valid, unless the debtor should have clearly indicated its blemish; and so (is the validity of) a document which is more than twenty years old (established by mere lapse of time).
4. In the beginning, gift is a cause (of ownership);
12. Vy. X. pratyarthf labhate kalam tryaham pa#kdham eva va |
IV, 1. Smritiz. lekhyam tu sakshimat kéryam aviluptakram4ksharam 1 des4A4rasthitiyutam samagram sarvavastushu Ul
2. Smritik.; Viram. p. 195 (‘ Vasishsha’).
4. In the beginning, gift is a cause (of ownership);
12. Vy. X. pratyarthf labhate kalam tryaham pa#kdham eva va |
IV, 1. Smritiz. lekhyam tu sakshimat kéryam aviluptakram4ksharam 1 des4A4rasthitiyutam samagram sarvavastushu Ul
2. Smritik.; Viram. p. 195 (‘ Vasishsha’).
3. Smritid.; Viram. p. 200 (‘K4tydyana’). The validity of a document having been called into doubt, because it either has a blemish or has been vitiated by the lapse of a considerable time, it becomes valid through proof by ordeal. This is the meaning, mere lapse of time being insufficient to produce validity. Smriti#. This interpretation can hardly be correct, as ordeals are not referred to in this text. 4. M. Macn. III, 6, 5. In the case of the first man (possessor)
p. 243
in the middle, possession with a title; but continued and hereditary possession by itself is also a good cause (of ownership).
5. There are six modes of acquiring wealth: by obtaining (property), what is declared to have been given or earned, (acquisition through) valour, (in the shape of) a marriage portion, and through inheritance from relations or others.
6. Having listened to the answer, (the plaintiff) at the trial shall produce a document as evidence, or he shall prove possession continued for a long time, and corroborated by (the statements of) the neighbours, or by (other) evidence.
7. Supposing a religious student were to perform some vow extending over a period of thirty-six years, or a man (engaged in trade or traffic) were to reside abroad for a long time in the pursuit of wealth :
possession proved by witnesses is superior to, or more decisive than, possession, excepting hereditary possession. Such hereditary possession, again, is superior in the case of the fourth in descent to a title proved by documents. In the case of an intermediate claimant (as e.g. the second or third in descent) a title coupled with possession of short duration even is more decisive than a title entirely destitute of possession. M.
5. Smritiz. labdham danakriyAproktam sauryam vaivahikam tathé 1 bandhavadipragdgAtam shadvidhas tu dhanfgamas w ‘ Obtaining,’ by birth, paternal or other (inherited) wealth ; or, obtaining property by finding it, as in the case of treasure-trove. Sm~rutif.
6. Smritik. srutvottaram kriyapade lekhyam sadhanam uddiset t simantalakshamopet4 bhuktir va firakalikt. ‘The term sddhanam a fortiori denotes witnesses in this place. Therefore the meaning is as follows. In a dispute regarding a house, field, or other (immovable property), the claimant must adduce a document or witnesses, or he must plead possession.’ Smritid.
8. If, then, the student after having completed his period of studentship (and returned from his preceptor) were to look after his property, possession (by a stranger) continued for fifty years would be capable of depriving him of his property.
9. Twelve years for (the study of) each Veda is the period ordained for those engaged in the pursuit of religious knowledge; for those engaged in the acquisition of mechanical (or manual) skill, the period (of apprenticeship) is declared to last till they have acquired their art.
10. What has been possessed against their wish by their friends or relations, and what has been possessed by persons offending against the king, is not lost by the lapse of (a long) time.
V. WITNESSES.
1. (By false evidence concerning land, a witness kills everything ; beware, then, of giving false evidence concerning land.) In the case of (false evidence concerning) water, the consequence is said to be the same as for land, and so it is in the case of carnal connexion with a female, as well as (in the vritto vratt kury4t svadhand4nveshanam tatah \ pa#thisadabdiko bhogas taddhanasyApaharakas ui prativedam dvadasaibdak kAlo vidyarthinam smritah | silpavidyarthinam faiva grahandntahk prakirtitah suhrédbhir bandhubhis faisham yat syad bhuktam avasyatém | nr¢paparadhikam faiva na tat kalena hfyate i See Manu III, 1.
V, 1-3. Viram. p. 171. See Narada I, 17, 209 (above, p. 92), the text immediately preceding these texts in the Viramitrodaya. 1, 3=Manu VIII, 100, 101. All these texts, up to 10, form part of the exhortation to be addressed to the witnesses by the judge. In 2, I have substituted tath4svavat, the reading of the Zodarananda, for tathapnuyat.
Vv, 7. WITNESSES. 245
case of false evidence) concerning gems produced in water, and everything consisting of stone.
2. In the case of honey or clarified butter (the consequence) is the same as (when false evidence has been given) with regard to small cattle. He incurs the same guilt as in the case of a horse (by giving false evidence) regarding a vehicle. The case of silver, clothes, grain, or the Veda is equal to the case of a cow.
3. Having considered all these evil consequences attending a false declaration, (a witness) must declare openly everything as (he has) heard or seen (it).
4. Kubera, Aditya, Varuza, Sakra (Indra), the son of Vivasvant (Yama), and the (other) guardian deities of the world are constantly looking on with divine eyes.
5. Let (the judge) ask a Brahman for his testimony by saying, ‘Speak;’ a Kshatriya by saying, ‘ Speak the truth ;’ a Vaisya, by referring to his kine, grain, and gold; but a Sddra (by conjuring him) by all possible wicked deeds.
5. Let (the judge) ask a Brahman for his testimony by saying, ‘Speak;’ a Kshatriya by saying, ‘ Speak the truth ;’ a Vaisya, by referring to his kine, grain, and gold; but a Sddra (by conjuring him) by all possible wicked deeds.
6. Whatever places (of torment) are assigned (in a future state) to the murderers of Brahmans, or to the slayers of women and children, and to him who betrays a friend, or shows ingratitude, those very places shall be thy home (after death) if thou speakest falsely.
7. All meritorious deeds which thou, O good man, hast done since thy birth, would go to the dogs, if thou shouldst speak falsely.
4. Smritiz. kuberddityavarunasakravaivasvatidayak 1 pasyanti lokapalas fa nityam divyena 4akshushé 1 5-9. Vy. K. Identical with Manu VIII, 88-92.
p. 8
8. Although, O virtuous man, thou thinkest of thyself, ‘I am alone,’ yet that says who sees the evil and the good ever resides in thy heart.
g. If thou art not at variance with the god Yama, the son of Vivasvant, who resides in thy heart, thou needest not go to the Ganges or to (the country of) the Kurus.
10. Perjured witnesses, as well as those who rob others of their property, and wicked kings, shall have to reside (hereafter) in a very dreadful hell for the time of a kalpa.
11, When (a calamity such as) an illness, or fire, or the death of a relative, happens to a witness within seven days after his evidence has been taken, he shall be made to pay the debt and a fine.
12. Learned Brahmans and other such persons (are incompetent witnesses) under a text of law; thieves and the like persons, on account of their notorious perversity ; (the deposition of the witnesses is worthless) owing to mutual contradiction when the witnesses make mutually conflicting statements at the trial of a cause.
13. ‘One who gives evidence of his own accord’ is a witness who comes to make a deposition of his own accord, without being appointed (a witness). Such a man is termed a spy in the law-books, and he is not worthy to become a witness.
10. Smritif. ativanarake kalpam vaseyuh k(sasAkshinah \ paravittahara ye fa raganas Aapyadharmikaf nA kalpa is a fabulous period of time, the duration of which is reckoned in various ways.
11. Zod. Identical with Manu VIII, 108.
12-14. Viram. p. 151. 12, 13a, and 14 occur in the Minor Narada as well (p. 34), where they come immediately after a text which is identical with Narada I, 12, 157 (above, p. 82).
p. 247
14. ‘One rendered incompetent by intervening decease’ is a witness (who comes) after the death of the claimant, unless he should have been instructed - (by the claimant) on his deathbed.
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.