Fetching
One moment.
Fetching
One moment.
Romanised transliteration as printed by the translator, not the original script. This is what we hold.
117. If he is a SQdra, he must feed ten cows for one day. 18. A false witness may be known by his altered looks, by his countenance changing colour, and by his talk wandering from the subject. 19. Let the judge summon the witnesses, at the time of sunrise, and examine them after having bound them by an oath. 20. A Brahmaza he must address thus, ‘ Declare.’ 21. A Kshatriya he must address thus, ‘ Declare the truth.’ 16. Vagasan. Samh. XX, 14-16, or Taitt. Arany. X, 3-5. Nand. considers the term Kfishmazdi to be used in a general sense here, so as to include all the other texts mentioned in an analogous passage of Manu (VIII, 106). VIII, 36. WITNESSES. ‘SI 22. A Vaisya he must address thus, ‘ Thy kine, grain, and gold (shall yield thee no fruit, if thou wert to give false evidence),’ 23. A SQdra he must address thus, ‘Thou shalt have to atone for all (possible) heavy crimes (if thou wert to give false evidence).’ 24. Let him exhort the witnesses (with the following speeches) : 25. ‘Whatever places (of torture) await (the killer of a Brdhmava and other) great criminals and (the killer of a cow and other) minor offenders, those places of abode are ordained for a witness who gives false evidence ; . 26. ‘And the fruit of every virtuous act he has done, from the day of his birth to his dying day, shall be lost to him. 27. ‘Truth makes the sun spread his rays. 28. ‘Truth makes the moon shine. 29. ‘ Truth makes the wind blow. 30. ‘Truth makes the earth bear (all that is upon it). 31. ‘Truth makes waters flow. 32. ‘Truth makes the fire burn. 33. ‘The atmosphere exists through truth. 34. ‘So do the gods. 35. ‘And so do the offerings. 36. ‘If veracity and a thousand horse-sacrifices 22, 23. Nand.’s interpretation of these two Sfitras, which has been followed above, does not agree with Kullfika’s, of M. VIII, 88. But in another passage of Manu (VIII, 113), where the same terms recur, he interprets them like Nand. 36. This Sloka is also found in the Mahabh4rata I, 3095 &c., in the Markazdeya-purana VIII, 42, in the Hitopadesa IV, 129, and, in a somewhat modified form, in the R&mayama II, 61, 10. See Béhtlingk, Ind. Spriiche, 731 &c. E 2 52 VISHNU. VIII, 37. are weighed against each other, (it is found that) truth ranks even higher than a thousand horsesacrifices. 37. ‘Those who, though acquainted with the facts, and appointed to give evidence, stand mute, are equally criminal with, and deserve the same punishment as, false witnesses.’ (After having addressed them) thus, let the king examine the witnesses in the order of their castes. 38. That plaintiff whose statement the witnesses declare to be true, shall win his suit; but he whose statement they declare to be wrong, shall certainly lose it. 39. If there is contradictory evidence, let the king decide by the plurality of witnesses; if equality in number, by superiority in virtue; if parity in virtue, by the evidence of the best among the twice-born.
239. If there is contradictory evidence, let the king decide by the plurality of witnesses; if equality in number, by superiority in virtue; if parity in virtue, by the evidence of the best among the twice-born. 40. Whenever a perjured witness has given false evidence in a suit, (the king) must reverse the judgment; and whatever has been done, must be considered as undone. IX. 1. Now follows (the rule regarding) the performance of ordeals. 39. Nand. takes the term dvigottama, ‘the best among the twice-born,’ as an equivalent for ‘Braéhmamas.’ Kullfka (on M. VIII, 73) refers it to ‘twice-born men, who are particularly active in the discharge of their religious duties.’ IX. 2. Y.II, 96, 99. — 11. M. VIII, 114, 115; Y.II, 95.—20—22. Y. II, 95, 96, 99. — 23. Y. II, 98. — 33. Y. II, 97. The whole section on ordeals (IX-XIV) agrees very closely with the corresponding section of the Institutes of Narada (5, 107-9, 8). IX, 13. ORDEALS. 53 2. In cases of a criminal action directed against the king, or of violence! (they may be administered) indiscriminately. 3. In cases of (denial of) a deposit or of (alleged) theft or robbery they must be administered each according to the value (of the property claimed). 4. In all such cases the value (of the object claimed) must be estimated in gold. 5. Now if its value amounts to less than one Kvishmala, a SQdra must be made to swear by a blade of Ddrva grass, (which he must hold in his hand) ; 6. If it amounts to less than two Krvishzalas, by a blade of Tila; 7. If it amounts to less than three Kvzshzalas, by a blade of silver; 8. If it amounts to less than four Kvzshaalas, by a blade of gold; 9. If it amounts to less than five K77shaalas, by. a lump of earth taken from a furrow ; 10. If it amounts to less than half a Suvarza, a Saidra must be made to undergo the ordeal by sacred libation ; 11. If it exceeds that amount, (the judge must administer to him) any one of the (other) ordeals, viz. the ordeal by the balance, by fire, by water, or by poison, considering duly (the season, &c.) 12. If the amount (of the matter in contest) is twice as high (as in each of the last-mentioned cases), a Vaisya must (in each case) undergo that ordeal which has (just) been ordained (for a Sddra); 13. A Kshatriya (must undergo the same ordeals), if the amount is thrice as high; 2. 1 See VIII, 2, note. 54 VISHNU. IX, 14. 14. A Brahmaza, if it is four times as high. He is, however, not subject to the ordeal by sacred libation. 15. No judge must administer the (ordeal by) sacred libation to a Brahmaza; 16. Except if it be done as a preliminary proof of his dealing fairly in some future transaction. 17. Instead of (administering the ordeal by) sacred libation to a Brahmaza (in suits regarding an object, the value of which amounts to less than two Suvarzas), let the judge cause him to swear’by a lump of earth taken from a furrow.
317. Instead of (administering the ordeal by) sacred libation to a Brahmaza (in suits regarding an object, the value of which amounts to less than two Suvarzas), let the judge cause him to swear’by a lump of earth taken from a furrow. 18. To one formerly convicted of a crime (or of perjury) he must administer one of the ordeals, even though the matter in contest be ever so trifling. 19. But to one who is known (and esteemed) among honest men and virtuous, he must not (administer any ordeal), even though the matter in contest be ever so important. 20. The claimant must declare his willingness to pay the fine (which is due in case of his being defeated) ; 21. And the defendant must go through the ordeal. 22. In cases of a criminal action directed against the king, or of violence (an ordeal may be administered) even without (the claimant) promising to pay the fine (due in case of defeat in ordinary suits). 23. To women, Brahmamas, persons deficient in an organ of sense, infirm (old) men, and sick persons, the (ordeal by the) balance must be administered. 24. But it must not be administered to them while a wind is blowing. X,1 ORDEALS. 55 25. The (ordeal by) fire must not be administered to lepers, to infirm persons, or to blacksmiths; 26. Nor must it ever be administered in autumn or summer. 27. The (ordeal by) poison must not be administered to lepers, bilious persons, or Brahmazas ; 28. Nor during the rainy season. 29. The (ordeal by) water must not be administered to persons afflicted with phlegm or (another) illness, to the timid, to the asthmatic, nor to those who gain their subsistence from water (such as fishermen and the like) ; 30. Nor during (the two cold seasons) Hemanta and Sisira (or from middle of November to middle of March) ; 31. The (ordeal by) sacred libation must not be administered to atheists ; 32. Nor when the country is afflicted with disease or pestilence. 33. Let the judge summon the defendant at the time of sunrise, after having fasted on the previous day and bathed in his clothes, and make him go through all the ordeals in the presence of (images of) the gods and of the (assessors and other) Brahmazas. X 1. Now follows the (rule regarding the ordeal by) balance. 29. Nand. infers from a text of Narada (not found in his Institutes), that the plural is made use of in this Sfitra in order to include women, children, sickly, old, and feeble persons. 32. According to Nand., the particle 4a is used here in order to include fire, wind, grasshoppers, and other plagues. X. 5,6. Y. II, 100. 56 VISHNU. X, 2. 2. The transverse beam, by which the balance is to be suspended, should be fastened upon two posts, four Hastas above the ground (each), and should be made two Hastas long.
The source text as printed, transcribed diplomatically. Where the source language uses a non-Latin script that reaches us only through a Victorian romanisation, this layer is labelled transliteration, because that is what we hold.
Romanised transliteration as printed by the translator, not the original script. This is what we hold.
117. If he is a SQdra, he must feed ten cows for one day. 18. A false witness may be known by his altered looks, by his countenance changing colour, and by his talk wandering from the subject. 19. Let the judge summon the witnesses, at the time of sunrise, and examine them after having bound them by an oath. 20. A Brahmaza he must address thus, ‘ Declare.’ 21. A Kshatriya he must address thus, ‘ Declare the truth.’ 16. Vagasan. Samh. XX, 14-16, or Taitt. Arany. X, 3-5. Nand. considers the term Kfishmazdi to be used in a general sense here, so as to include all the other texts mentioned in an analogous passage of Manu (VIII, 106). VIII, 36. WITNESSES. ‘SI 22. A Vaisya he must address thus, ‘ Thy kine, grain, and gold (shall yield thee no fruit, if thou wert to give false evidence),’ 23. A SQdra he must address thus, ‘Thou shalt have to atone for all (possible) heavy crimes (if thou wert to give false evidence).’ 24. Let him exhort the witnesses (with the following speeches) : 25. ‘Whatever places (of torture) await (the killer of a Brdhmava and other) great criminals and (the killer of a cow and other) minor offenders, those places of abode are ordained for a witness who gives false evidence ; . 26. ‘And the fruit of every virtuous act he has done, from the day of his birth to his dying day, shall be lost to him. 27. ‘Truth makes the sun spread his rays. 28. ‘Truth makes the moon shine. 29. ‘ Truth makes the wind blow. 30. ‘Truth makes the earth bear (all that is upon it). 31. ‘Truth makes waters flow. 32. ‘Truth makes the fire burn. 33. ‘The atmosphere exists through truth. 34. ‘So do the gods. 35. ‘And so do the offerings. 36. ‘If veracity and a thousand horse-sacrifices 22, 23. Nand.’s interpretation of these two Sfitras, which has been followed above, does not agree with Kullfika’s, of M. VIII, 88. But in another passage of Manu (VIII, 113), where the same terms recur, he interprets them like Nand. 36. This Sloka is also found in the Mahabh4rata I, 3095 &c., in the Markazdeya-purana VIII, 42, in the Hitopadesa IV, 129, and, in a somewhat modified form, in the R&mayama II, 61, 10. See Béhtlingk, Ind. Spriiche, 731 &c. E 2 52 VISHNU. VIII, 37. are weighed against each other, (it is found that) truth ranks even higher than a thousand horsesacrifices. 37. ‘Those who, though acquainted with the facts, and appointed to give evidence, stand mute, are equally criminal with, and deserve the same punishment as, false witnesses.’ (After having addressed them) thus, let the king examine the witnesses in the order of their castes. 38. That plaintiff whose statement the witnesses declare to be true, shall win his suit; but he whose statement they declare to be wrong, shall certainly lose it. 39. If there is contradictory evidence, let the king decide by the plurality of witnesses; if equality in number, by superiority in virtue; if parity in virtue, by the evidence of the best among the twice-born.
239. If there is contradictory evidence, let the king decide by the plurality of witnesses; if equality in number, by superiority in virtue; if parity in virtue, by the evidence of the best among the twice-born. 40. Whenever a perjured witness has given false evidence in a suit, (the king) must reverse the judgment; and whatever has been done, must be considered as undone. IX. 1. Now follows (the rule regarding) the performance of ordeals. 39. Nand. takes the term dvigottama, ‘the best among the twice-born,’ as an equivalent for ‘Braéhmamas.’ Kullfka (on M. VIII, 73) refers it to ‘twice-born men, who are particularly active in the discharge of their religious duties.’ IX. 2. Y.II, 96, 99. — 11. M. VIII, 114, 115; Y.II, 95.—20—22. Y. II, 95, 96, 99. — 23. Y. II, 98. — 33. Y. II, 97. The whole section on ordeals (IX-XIV) agrees very closely with the corresponding section of the Institutes of Narada (5, 107-9, 8). IX, 13. ORDEALS. 53 2. In cases of a criminal action directed against the king, or of violence! (they may be administered) indiscriminately. 3. In cases of (denial of) a deposit or of (alleged) theft or robbery they must be administered each according to the value (of the property claimed). 4. In all such cases the value (of the object claimed) must be estimated in gold. 5. Now if its value amounts to less than one Kvishmala, a SQdra must be made to swear by a blade of Ddrva grass, (which he must hold in his hand) ; 6. If it amounts to less than two Krvishzalas, by a blade of Tila; 7. If it amounts to less than three Kvzshzalas, by a blade of silver; 8. If it amounts to less than four Kvzshaalas, by a blade of gold; 9. If it amounts to less than five K77shaalas, by. a lump of earth taken from a furrow ; 10. If it amounts to less than half a Suvarza, a Saidra must be made to undergo the ordeal by sacred libation ; 11. If it exceeds that amount, (the judge must administer to him) any one of the (other) ordeals, viz. the ordeal by the balance, by fire, by water, or by poison, considering duly (the season, &c.) 12. If the amount (of the matter in contest) is twice as high (as in each of the last-mentioned cases), a Vaisya must (in each case) undergo that ordeal which has (just) been ordained (for a Sddra); 13. A Kshatriya (must undergo the same ordeals), if the amount is thrice as high; 2. 1 See VIII, 2, note. 54 VISHNU. IX, 14. 14. A Brahmaza, if it is four times as high. He is, however, not subject to the ordeal by sacred libation. 15. No judge must administer the (ordeal by) sacred libation to a Brahmaza; 16. Except if it be done as a preliminary proof of his dealing fairly in some future transaction. 17. Instead of (administering the ordeal by) sacred libation to a Brahmaza (in suits regarding an object, the value of which amounts to less than two Suvarzas), let the judge cause him to swear’by a lump of earth taken from a furrow.
317. Instead of (administering the ordeal by) sacred libation to a Brahmaza (in suits regarding an object, the value of which amounts to less than two Suvarzas), let the judge cause him to swear’by a lump of earth taken from a furrow. 18. To one formerly convicted of a crime (or of perjury) he must administer one of the ordeals, even though the matter in contest be ever so trifling. 19. But to one who is known (and esteemed) among honest men and virtuous, he must not (administer any ordeal), even though the matter in contest be ever so important. 20. The claimant must declare his willingness to pay the fine (which is due in case of his being defeated) ; 21. And the defendant must go through the ordeal. 22. In cases of a criminal action directed against the king, or of violence (an ordeal may be administered) even without (the claimant) promising to pay the fine (due in case of defeat in ordinary suits). 23. To women, Brahmamas, persons deficient in an organ of sense, infirm (old) men, and sick persons, the (ordeal by the) balance must be administered. 24. But it must not be administered to them while a wind is blowing. X,1 ORDEALS. 55 25. The (ordeal by) fire must not be administered to lepers, to infirm persons, or to blacksmiths; 26. Nor must it ever be administered in autumn or summer. 27. The (ordeal by) poison must not be administered to lepers, bilious persons, or Brahmazas ; 28. Nor during the rainy season. 29. The (ordeal by) water must not be administered to persons afflicted with phlegm or (another) illness, to the timid, to the asthmatic, nor to those who gain their subsistence from water (such as fishermen and the like) ; 30. Nor during (the two cold seasons) Hemanta and Sisira (or from middle of November to middle of March) ; 31. The (ordeal by) sacred libation must not be administered to atheists ; 32. Nor when the country is afflicted with disease or pestilence. 33. Let the judge summon the defendant at the time of sunrise, after having fasted on the previous day and bathed in his clothes, and make him go through all the ordeals in the presence of (images of) the gods and of the (assessors and other) Brahmazas. X 1. Now follows the (rule regarding the ordeal by) balance. 29. Nand. infers from a text of Narada (not found in his Institutes), that the plural is made use of in this Sfitra in order to include women, children, sickly, old, and feeble persons. 32. According to Nand., the particle 4a is used here in order to include fire, wind, grasshoppers, and other plagues. X. 5,6. Y. II, 100. 56 VISHNU. X, 2. 2. The transverse beam, by which the balance is to be suspended, should be fastened upon two posts, four Hastas above the ground (each), and should be made two Hastas long.
The source text as printed, transcribed diplomatically. Where the source language uses a non-Latin script that reaches us only through a Victorian romanisation, this layer is labelled transliteration, because that is what we hold.
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