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Romanised transliteration as printed by the translator, not the original script. This is what we hold.
13. Gaut. XI, 19-24; Vas. XVI, 4-5. ‘Local usages,’ i.e. ‘ the law of custom which is not opposed to the Sastras’ (Medh., Gov., Kull, Nar.). 4. ‘Non-payment of debts’ (rizasya adanam, N&r., Nand.) may also be translated ‘recovery of debts’ (rinasya 4dinam). 254 LAWS OF MANU. VIII, 7. 7. (16) Duties of man and wife, (17) partition (of inheritance), (18) gambling and betting; these are in this world the eighteen topics which give rise to lawsuits. 8. Depending on the eternal law, let him decide the suits of men who mostly contend on the titles just mentioned. g. But if the king does not personally investigate the suits, then let him appoint a learned Brahmaza to try them. 10. That (man) shall enter that most excellent court, accompanied by three assessors, and fully consider (all) causes (brought) before the (king), either sitting down or standing. 11. Where three Brahmamas versed in the Vedas and the learned (judge) appointed by the king sit down, they call that the court of (four-faced) Brahman. 12. But where justice, wounded by injustice, approaches and the judges do not extract the dart, there: (they also) are woundéd (by that dart of injustice). ‘ 13. Either the court must not be entered, or the truth must be spoken ; a man who either says nothing or speaks falsely, becomes sinful. 4. Vyavahfrasthitau, ‘ which give rise to lawsuits’ (Gov.), means according to Nar. ‘in deciding lawsuits.’ 8. The word ‘ mostly’ is intended to show that there are other titles besides, as Narada declared (Medh., Gov., Kull., Nar., Ragh.). Nand. omits this verse. g. Vi. III, 73; Yagn. II, 3; Gaut. XIII, 26; Vas. XVI, 2. 1o. Medh. says ‘ by (at least) three assessors.’ 13. ‘Must not be entered,’ i.e. ‘for the purpose of deciding causes’ (Gov., Kull., Ragh.). But the further details show that the verse is intended as a general maxim, applicable to witnesses also. VITI, 20. CIVIL AND CEREMONIAL LAW. 255 14. Where justice is destroyed by injustice, or truth by falsehood, while the judges look on, there they shall also be destroyed. 15. ‘Justice, being violated, destroys; justice, being preserved, preserves: therefore justice must not be violated, lest violated justice destroy us.’ 16. For divine justice (is said to be) a bull (vvzsha); that (man) who violates it (kurute ‘lam) the gods consider to be (a man despicable like) a Sfidra (vvzshala); let him, therefore, beware of violating justice. 17. The only friend who follows men even after death is justice; for everything else is lost at the same time when the body (perishes), 18. One quarter of (the guilt of) an unjust (decision) falls on him who committed (the crime), one quarter on the (false) witness, one quarter on all the judges, one quarter on the king. 19. But where he who is worthy of condemnation is condemned, the king is free from guilt, and the judges are saved (from sin); the guilt falls on the perpetrator (of the crime alone).
219. But where he who is worthy of condemnation is condemned, the king is free from guilt, and the judges are saved (from sin); the guilt falls on the perpetrator (of the crime alone). 20. A Brahmaza who subsists only by the name of his caste (gati), or one who merely calls himself a Brahmaza (though his origin be uncertain), may, at the king’s pleasure, interpret the law to him, but never a Sédra. 15. This admonition must be addressed by the assessors to a judge who acts against the law (Gov., Kull., Ragh.). Nand. reads vah, ‘you,’ instead of naJ, ‘us.’ 18. Gaut. XIII, 11; Baudh. I, 19, 8. Sabh4sada/, ‘the judges,’ means according to Gov. ‘all those in court who look on.’ The judge and his assessors are, however, the persons really intended. 20. ‘One who subsists only by the name of his caste,’ i.e. ‘a man of Bréhmana descent, who neither studies nor performs any other 256 LAWS OF MANU. VITI, 21. 21. The kingdom of that monarch, who looks on while a Sidra settles the law, will sink (low), like a cow in a morass. 22. That kingdom where Sddras are very numerous, which is infested by atheists and destitute of twice-born (inhabitants), soon entirely perishes, afflicted by famine and disease. 23. Having occupied the seat of justice, having covered his body, and having worshipped the guardian deities of the world, let him, with a collected mind, begin the trial of causes. 24. Knowing what is expedient or inexpedient, what is pure justice or injustice, let him examine the causes of suitors according to the order of the castes (varna). act required by the sacred law’ (Kull., Ragh.), or ‘one who has not been initiated’ (N&r.). Braéhmazabruva’, ‘one who merely calls himself a Brahmaza (though his origin be doubtful,’ Kull., Ragh.), means according to N4&r. ‘an initiated Brahmaza who does not study the Veda.’ Medh. and Gov. take the two terms as referring to one person only, ‘Even a despicable Brahmaaa, who subsists merely by the name of his race,’ i.e. neither studies the Veda, nor performs the rites, &c. The commentators point out that, as the employment of a Sadra is emphatically forbidden, Kshatriyas and Vaisyas may be employed in cases of necessity. 22. Sidrabhfyish‘am, ‘where Sfidras are very numerous’ (Gov., Kull., Ragh.), means according to Medh. ‘where SQdras mostly decide the law-cases,’ according to Nand. ‘where Sfdras are mostly employed in high offices.’ Nd&r. adds that each of the blemishes enumerated is sufficient to cause destruction.
3Sidrabhfyish‘am, ‘where Sfidras are very numerous’ (Gov., Kull., Ragh.), means according to Medh. ‘where SQdras mostly decide the law-cases,’ according to Nand. ‘where Sfdras are mostly employed in high offices.’ Nd&r. adds that each of the blemishes enumerated is sufficient to cause destruction. 24. Medh. and R&gh. give another optional explanation of the participial clause, ‘ Understanding that pure justice secures advantages and mere injustice disadvantages.’ According to Kull. it means ‘Knowing what is expedient and what inexpedient, but paying attention to justice and injustice alone.’ Nr. and Nand. give still more unacceptable interpretations. Gov., who considers the explanation adopted above the only correct one, explains ‘what is expedient’ by ‘ what will please the people,’ and ‘what is inex VIII, 28. CIVIL AND CRIMINAL LAW. 257 25. By external signs let him discover the internal disposition of men, by their voice, their colour, their motions, their aspect, their eyes, and their gestures. , 26. The internal (working of the) mind is perceived through the aspect, the motions, the gait, the gestures, the speech, and the changes in the eye and of the face. 27. The king shall protect the inherited (and other) property of a minor, until he has returned (from his teacher's house) or until he has passed his minority. 28. In like manner care must be taken of barren women, of those who have no sons, of those whose family is extinct, of wives and widows faithful to their lords, and of women afflicted with diseases. pedient’ by ‘what will make them angry;’ Kull. and Ragh. by ‘what will protect the people’ and ‘ what will destroy them.’ 25-26. Y4on. II, 15. 25. Gov. omits svara, ‘ voice,’ and writes mukha, ‘ by the colour of the face.’ Ingita, ‘ motions,’ i. e. ‘trembling, horripilation, &c.’ (Medh., Gov., Ragh.), or ‘looking down, &c.’ (Kull.), or ‘ unintentionally moving the arms, &c.’ (N4r.). Aké4ra, aspect,’ i.e. ‘pallor, &c.’ (Gov.), or ‘sweating, horripilation, &c.’ (Kull., Nar.) Medh. and R4gh. take 4k4ra to mean ‘the manner’ of the voice, &c., not as a separate class of signs. eshfita, ‘ gestures,’ i.e. ‘moving, wringing the hands, &c.’ (Gov., Kull., Ragh.), or ‘intentional movements’ (Nar.). 27-29. Gaut. X, 48; Vas. XVI, 8; Vi. III, 65. 27. ‘The minority ends with the sixteenth year’ (Kull., Nar.) ; see Narada ITI, 37. The second term is intended to provide for the case of those who finish their Veda-study before the sixteenth year (Medh., Kull.), or of Siidras (Medh.). 28. ‘Those whose family is extinct,’ i.e. ‘maidens in that condition’ (Gov.), or ‘those who have quitted their families and become harlots’ (Medh. ‘ others’). ‘ Wives faithful to their lords,’ i. e. ‘those whose husbands are absent’ (Gov. Ragh.). The conditions (25) Ss 258 LAWS OF MANU. VIII, 29. 29. A righteous king must punish like thieves those relatives who appropriate the property of such females during their lifetime.
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.
13. Gaut. XI, 19-24; Vas. XVI, 4-5. ‘Local usages,’ i.e. ‘ the law of custom which is not opposed to the Sastras’ (Medh., Gov., Kull, Nar.). 4. ‘Non-payment of debts’ (rizasya adanam, N&r., Nand.) may also be translated ‘recovery of debts’ (rinasya 4dinam). 254 LAWS OF MANU. VIII, 7. 7. (16) Duties of man and wife, (17) partition (of inheritance), (18) gambling and betting; these are in this world the eighteen topics which give rise to lawsuits. 8. Depending on the eternal law, let him decide the suits of men who mostly contend on the titles just mentioned. g. But if the king does not personally investigate the suits, then let him appoint a learned Brahmaza to try them. 10. That (man) shall enter that most excellent court, accompanied by three assessors, and fully consider (all) causes (brought) before the (king), either sitting down or standing. 11. Where three Brahmamas versed in the Vedas and the learned (judge) appointed by the king sit down, they call that the court of (four-faced) Brahman. 12. But where justice, wounded by injustice, approaches and the judges do not extract the dart, there: (they also) are woundéd (by that dart of injustice). ‘ 13. Either the court must not be entered, or the truth must be spoken ; a man who either says nothing or speaks falsely, becomes sinful. 4. Vyavahfrasthitau, ‘ which give rise to lawsuits’ (Gov.), means according to Nar. ‘in deciding lawsuits.’ 8. The word ‘ mostly’ is intended to show that there are other titles besides, as Narada declared (Medh., Gov., Kull., Nar., Ragh.). Nand. omits this verse. g. Vi. III, 73; Yagn. II, 3; Gaut. XIII, 26; Vas. XVI, 2. 1o. Medh. says ‘ by (at least) three assessors.’ 13. ‘Must not be entered,’ i.e. ‘for the purpose of deciding causes’ (Gov., Kull., Ragh.). But the further details show that the verse is intended as a general maxim, applicable to witnesses also. VITI, 20. CIVIL AND CEREMONIAL LAW. 255 14. Where justice is destroyed by injustice, or truth by falsehood, while the judges look on, there they shall also be destroyed. 15. ‘Justice, being violated, destroys; justice, being preserved, preserves: therefore justice must not be violated, lest violated justice destroy us.’ 16. For divine justice (is said to be) a bull (vvzsha); that (man) who violates it (kurute ‘lam) the gods consider to be (a man despicable like) a Sfidra (vvzshala); let him, therefore, beware of violating justice. 17. The only friend who follows men even after death is justice; for everything else is lost at the same time when the body (perishes), 18. One quarter of (the guilt of) an unjust (decision) falls on him who committed (the crime), one quarter on the (false) witness, one quarter on all the judges, one quarter on the king. 19. But where he who is worthy of condemnation is condemned, the king is free from guilt, and the judges are saved (from sin); the guilt falls on the perpetrator (of the crime alone).
219. But where he who is worthy of condemnation is condemned, the king is free from guilt, and the judges are saved (from sin); the guilt falls on the perpetrator (of the crime alone). 20. A Brahmaza who subsists only by the name of his caste (gati), or one who merely calls himself a Brahmaza (though his origin be uncertain), may, at the king’s pleasure, interpret the law to him, but never a Sédra. 15. This admonition must be addressed by the assessors to a judge who acts against the law (Gov., Kull., Ragh.). Nand. reads vah, ‘you,’ instead of naJ, ‘us.’ 18. Gaut. XIII, 11; Baudh. I, 19, 8. Sabh4sada/, ‘the judges,’ means according to Gov. ‘all those in court who look on.’ The judge and his assessors are, however, the persons really intended. 20. ‘One who subsists only by the name of his caste,’ i.e. ‘a man of Bréhmana descent, who neither studies nor performs any other 256 LAWS OF MANU. VITI, 21. 21. The kingdom of that monarch, who looks on while a Sidra settles the law, will sink (low), like a cow in a morass. 22. That kingdom where Sddras are very numerous, which is infested by atheists and destitute of twice-born (inhabitants), soon entirely perishes, afflicted by famine and disease. 23. Having occupied the seat of justice, having covered his body, and having worshipped the guardian deities of the world, let him, with a collected mind, begin the trial of causes. 24. Knowing what is expedient or inexpedient, what is pure justice or injustice, let him examine the causes of suitors according to the order of the castes (varna). act required by the sacred law’ (Kull., Ragh.), or ‘one who has not been initiated’ (N&r.). Braéhmazabruva’, ‘one who merely calls himself a Brahmaza (though his origin be doubtful,’ Kull., Ragh.), means according to N4&r. ‘an initiated Brahmaza who does not study the Veda.’ Medh. and Gov. take the two terms as referring to one person only, ‘Even a despicable Brahmaaa, who subsists merely by the name of his race,’ i.e. neither studies the Veda, nor performs the rites, &c. The commentators point out that, as the employment of a Sadra is emphatically forbidden, Kshatriyas and Vaisyas may be employed in cases of necessity. 22. Sidrabhfyish‘am, ‘where Sfidras are very numerous’ (Gov., Kull., Ragh.), means according to Medh. ‘where SQdras mostly decide the law-cases,’ according to Nand. ‘where Sfdras are mostly employed in high offices.’ Nd&r. adds that each of the blemishes enumerated is sufficient to cause destruction.
3Sidrabhfyish‘am, ‘where Sfidras are very numerous’ (Gov., Kull., Ragh.), means according to Medh. ‘where SQdras mostly decide the law-cases,’ according to Nand. ‘where Sfdras are mostly employed in high offices.’ Nd&r. adds that each of the blemishes enumerated is sufficient to cause destruction. 24. Medh. and R&gh. give another optional explanation of the participial clause, ‘ Understanding that pure justice secures advantages and mere injustice disadvantages.’ According to Kull. it means ‘Knowing what is expedient and what inexpedient, but paying attention to justice and injustice alone.’ Nr. and Nand. give still more unacceptable interpretations. Gov., who considers the explanation adopted above the only correct one, explains ‘what is expedient’ by ‘ what will please the people,’ and ‘what is inex VIII, 28. CIVIL AND CRIMINAL LAW. 257 25. By external signs let him discover the internal disposition of men, by their voice, their colour, their motions, their aspect, their eyes, and their gestures. , 26. The internal (working of the) mind is perceived through the aspect, the motions, the gait, the gestures, the speech, and the changes in the eye and of the face. 27. The king shall protect the inherited (and other) property of a minor, until he has returned (from his teacher's house) or until he has passed his minority. 28. In like manner care must be taken of barren women, of those who have no sons, of those whose family is extinct, of wives and widows faithful to their lords, and of women afflicted with diseases. pedient’ by ‘what will make them angry;’ Kull. and Ragh. by ‘what will protect the people’ and ‘ what will destroy them.’ 25-26. Y4on. II, 15. 25. Gov. omits svara, ‘ voice,’ and writes mukha, ‘ by the colour of the face.’ Ingita, ‘ motions,’ i. e. ‘trembling, horripilation, &c.’ (Medh., Gov., Ragh.), or ‘looking down, &c.’ (Kull.), or ‘ unintentionally moving the arms, &c.’ (N4r.). Aké4ra, aspect,’ i.e. ‘pallor, &c.’ (Gov.), or ‘sweating, horripilation, &c.’ (Kull., Nar.) Medh. and R4gh. take 4k4ra to mean ‘the manner’ of the voice, &c., not as a separate class of signs. eshfita, ‘ gestures,’ i.e. ‘moving, wringing the hands, &c.’ (Gov., Kull., Ragh.), or ‘intentional movements’ (Nar.). 27-29. Gaut. X, 48; Vas. XVI, 8; Vi. III, 65. 27. ‘The minority ends with the sixteenth year’ (Kull., Nar.) ; see Narada ITI, 37. The second term is intended to provide for the case of those who finish their Veda-study before the sixteenth year (Medh., Kull.), or of Siidras (Medh.). 28. ‘Those whose family is extinct,’ i.e. ‘maidens in that condition’ (Gov.), or ‘those who have quitted their families and become harlots’ (Medh. ‘ others’). ‘ Wives faithful to their lords,’ i. e. ‘those whose husbands are absent’ (Gov. Ragh.). The conditions (25) Ss 258 LAWS OF MANU. VIII, 29. 29. A righteous king must punish like thieves those relatives who appropriate the property of such females during their lifetime.
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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