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Romanised transliteration as printed by the translator, not the original script. This is what we hold.
1‘ 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. 30. Property, the owner of which has disappeared, the king shall cause to be kept as a deposit during three years; within the period of three years the owner may claim it, after (that term) the king may take it. 31. He who says, ‘ This belongs to me,’ must be examined according to the rule; if he accurately describes the shape, and the number (of the articles found) and so forth, (he is) the owner, (and) ought (to receive) that property. 32. But if he does not really know the time and the place (where it was) lost, its colour, shape, and size, he is worthy of a fine equal (in value) to the (object claimed). 33. Now the king, remembering the duty of good men, may take one-sixth part of property lost and afterwards found, or one-tenth, or at least one-twelfth. of the king’s protection are in every case that the relatives are either dead or unable to provide for the females or try to oppress them. 30-34. Ap. II, 28, 7-9; Gaut. X, 36-38; Vas. XVI, 20; Yagi. II, 33. 30. ‘Property the owner of which has disappeared’ means according to the commentators, ‘property, found by the royal servants (in a forest or elsewhere, Medh.), the owner of which is not known.’ Such property shall be proclaimed by beat of drum (Gov., Kull.). ‘Others,’ quoted by Medh., think that after three years the king may use it as his own, but has still to restore it, if the owner appears. Nand. points out that the rule does not refer to Br&éhmazical property (see Gaut. loc. cit.). 33. The amount to be taken by the king depends according to Medh. on the length of time for which it has been kept (so also VIII, 39- CIVIL AND CRIMINAL LAW. 259 34. Property lost and afterwards found (by the king’s servants) shall remain in the keeping of (special) officials; those whom the king may convict of stealing it, he shall cause to be slain by an elephant. 35. From that man who shall truly say with respect to treasure-trove, ‘This belongs to me, the king may take one-sixth or one-twelfth part. 36. But he who falsely says (so), shall be fined in one-eighth of his property, or, a calculation of (the value of) the treasure having been made, in some smaller portion (of that). 37- When a learned Bréhmaza has found treasure, deposited in former (times), he may take even the whole (of it); for he is master of everything. 38. When the king finds treasure of old concealed in the ground, let him give one half to Brahmazas and place the (other) half in his treasury. 39. The king obtains one half of ancient hoards and metals (found) in the ground, by reason of
238. When the king finds treasure of old concealed in the ground, let him give one half to Brahmazas and place the (other) half in his treasury. 39. The king obtains one half of ancient hoards and metals (found) in the ground, by reason of Ragh.), or on the trouble which it gave (so also Gov.) and the king’s compassion; according to Kull. and Nar., on the virtues of the owner. Medh. places this verse after verse 34. 35-39. Gaut. X, 43-45; Vas. III, 13-14; Vi. III, 56-64; Yagi. II, 34-35. 35. ‘ Treasure-trove,’ i.e.‘ valuables secretly buried in the ground’ (Medh.). The amount to be taken depends on the ‘ virtues’ of the finder (Medh., Gov., Kull., Ragh.), or on his caste (N4r.), or on the place and time, the caste, &c. (Gov.). 36. The amount of the fine depends on the circumstances of the case or the ‘virtues’ of the offender (Medh.), or on the ‘ virtues’ of the offender alone (Gov., Kull., Ragh.). 37. Medh., Gov., N&r. take, as Kull. points out, most improperly pfrvopanihitam, ‘ deposited in former times,’ to mean ‘ deposited by his ancestors.’ The parallel passages of Vishwu and others are perfectly clear on the point. 39. I take the last clause, which might also be translated ‘(and) S2 260 LAWS OF MANU. VIII, 40. (his giving) protection, (and) because he is the lord of the soil. 40. Property stolen by thieves must be restored by the king to (men of) all castes (varma); a king who uses such (property) for himself incurs the guilt of a thief. 41. (A king) who knows the sacred law, must inquire into the laws of castes (g&ti), of districts, of guilds, and of families, and (thus) settle the peculiar law of each. 42. For men who follow their particular occupations and abide by their particular duty, become dear to people, though they may live at a distance. 43. Neither the king nor any servant of his shall because he is the lord of the earth,’ as a distinct recognition of the principle that the ownership of all land is vested in the king. Medh. says, ‘he is the lord of the soil (bhimi) ; itis just that a share should be given to him of that which is found in the soil belonging to him (tadiyay& bhuvo yallabdham).’ 40. Ap. II, 26, 8; Gaut. X, 46-47; Vi. III, 66-67 ; Y4ga. II, 36. Ie. ‘if-he recovers it’ (Medh., Gov., Kull, Nar. Ragh., Nand.). Medh. reads Aaurihrztam, and mentions another reading, Aaurahritam, which R4gh. has, and thinks that it may mean that the king must, make good stolen property which is not recovered.
3X, 46-47; Vi. III, 66-67 ; Y4ga. II, 36. Ie. ‘if-he recovers it’ (Medh., Gov., Kull, Nar. Ragh., Nand.). Medh. reads Aaurihrztam, and mentions another reading, Aaurahritam, which R4gh. has, and thinks that it may mean that the king must, make good stolen property which is not recovered. 41. Ap. II, 15, 1; Gaut. XI, 20; Vas. XIX, 7; Baudh. I, 2, 1-8; Vi. TI, 3; Y4gn. 1, 360. Gti, ‘castes,’ i.e. ‘Bréhmamsas and so forth’ (Kull., Nar., Ragh., Nand.). Gdnapada, ‘the laws of districts, e.g. of the Kuru, K4si or KAasmfra countries’ (Medh.), or ‘of certain districts’ (desa, Gov., Kull., Ragh.), or ‘of the inhabitants of one and the same village’ (N4r.). Medh. gives also other explanations of the compound gatig4napadan, ‘of local castes’ or ‘natives of different countries.’ Srezi,‘ guilds,’ i. e. ‘of merchants, &c.’ (Medh. Kull., Nar., Ragh.), or ‘ of merchants and husbandmen, &c.’ (Gov.), or ‘of merchants and actors, &c.’ (Nand.). Ragh. reads parip4layet, ‘and protect the peculiar law of each.’ It must, of course, be understood that the customs are not opposed to the sacred law (Medh., Gov., Kull., Ragh.). 43. Gaut. XIII, 27. ‘(Some) other (man),’ i.e. ‘the plaintiff’ VIII, 46. CIVIL AND CRIMINAL LAW. 261 themselves cause a lawsuit to be begun, or hush up one that has been brought (before them) by (some) other (man). 44. As a hunter traces the lair of a (wounded) deer by the drops of blood, even so the king shall discover on which side the right lies, by inferences (from the facts). 45. When engaged in judicial proceedings he must pay full attention to the truth, to the object (of the dispute), (and) to himself, next to the witnesses, to the place, to the time, and to the aspect. 46. What may have been practised by the virtuous, by such twice-born men as are devoted to the law, that he shall establish as law, if it be not (Medh.), or ‘the plaintiff or the defendant’ (Kull.), or ‘any suitor.’ ‘Others’ explain the second half of the verse according to Medh., as follows, ‘and let him not appropriate money brought to him in any other manner than for the suit.’ 44. Thus Kull. and Ragh. But Medh. and Gov. take the verse a little differently, ‘As the hunter tracks the steps of (a wounded) deer,’ &c.
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.
1‘ 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. 30. Property, the owner of which has disappeared, the king shall cause to be kept as a deposit during three years; within the period of three years the owner may claim it, after (that term) the king may take it. 31. He who says, ‘ This belongs to me,’ must be examined according to the rule; if he accurately describes the shape, and the number (of the articles found) and so forth, (he is) the owner, (and) ought (to receive) that property. 32. But if he does not really know the time and the place (where it was) lost, its colour, shape, and size, he is worthy of a fine equal (in value) to the (object claimed). 33. Now the king, remembering the duty of good men, may take one-sixth part of property lost and afterwards found, or one-tenth, or at least one-twelfth. of the king’s protection are in every case that the relatives are either dead or unable to provide for the females or try to oppress them. 30-34. Ap. II, 28, 7-9; Gaut. X, 36-38; Vas. XVI, 20; Yagi. II, 33. 30. ‘Property the owner of which has disappeared’ means according to the commentators, ‘property, found by the royal servants (in a forest or elsewhere, Medh.), the owner of which is not known.’ Such property shall be proclaimed by beat of drum (Gov., Kull.). ‘Others,’ quoted by Medh., think that after three years the king may use it as his own, but has still to restore it, if the owner appears. Nand. points out that the rule does not refer to Br&éhmazical property (see Gaut. loc. cit.). 33. The amount to be taken by the king depends according to Medh. on the length of time for which it has been kept (so also VIII, 39- CIVIL AND CRIMINAL LAW. 259 34. Property lost and afterwards found (by the king’s servants) shall remain in the keeping of (special) officials; those whom the king may convict of stealing it, he shall cause to be slain by an elephant. 35. From that man who shall truly say with respect to treasure-trove, ‘This belongs to me, the king may take one-sixth or one-twelfth part. 36. But he who falsely says (so), shall be fined in one-eighth of his property, or, a calculation of (the value of) the treasure having been made, in some smaller portion (of that). 37- When a learned Bréhmaza has found treasure, deposited in former (times), he may take even the whole (of it); for he is master of everything. 38. When the king finds treasure of old concealed in the ground, let him give one half to Brahmazas and place the (other) half in his treasury. 39. The king obtains one half of ancient hoards and metals (found) in the ground, by reason of
238. When the king finds treasure of old concealed in the ground, let him give one half to Brahmazas and place the (other) half in his treasury. 39. The king obtains one half of ancient hoards and metals (found) in the ground, by reason of Ragh.), or on the trouble which it gave (so also Gov.) and the king’s compassion; according to Kull. and Nar., on the virtues of the owner. Medh. places this verse after verse 34. 35-39. Gaut. X, 43-45; Vas. III, 13-14; Vi. III, 56-64; Yagi. II, 34-35. 35. ‘ Treasure-trove,’ i.e.‘ valuables secretly buried in the ground’ (Medh.). The amount to be taken depends on the ‘ virtues’ of the finder (Medh., Gov., Kull., Ragh.), or on his caste (N4r.), or on the place and time, the caste, &c. (Gov.). 36. The amount of the fine depends on the circumstances of the case or the ‘virtues’ of the offender (Medh.), or on the ‘ virtues’ of the offender alone (Gov., Kull., Ragh.). 37. Medh., Gov., N&r. take, as Kull. points out, most improperly pfrvopanihitam, ‘ deposited in former times,’ to mean ‘ deposited by his ancestors.’ The parallel passages of Vishwu and others are perfectly clear on the point. 39. I take the last clause, which might also be translated ‘(and) S2 260 LAWS OF MANU. VIII, 40. (his giving) protection, (and) because he is the lord of the soil. 40. Property stolen by thieves must be restored by the king to (men of) all castes (varma); a king who uses such (property) for himself incurs the guilt of a thief. 41. (A king) who knows the sacred law, must inquire into the laws of castes (g&ti), of districts, of guilds, and of families, and (thus) settle the peculiar law of each. 42. For men who follow their particular occupations and abide by their particular duty, become dear to people, though they may live at a distance. 43. Neither the king nor any servant of his shall because he is the lord of the earth,’ as a distinct recognition of the principle that the ownership of all land is vested in the king. Medh. says, ‘he is the lord of the soil (bhimi) ; itis just that a share should be given to him of that which is found in the soil belonging to him (tadiyay& bhuvo yallabdham).’ 40. Ap. II, 26, 8; Gaut. X, 46-47; Vi. III, 66-67 ; Y4ga. II, 36. Ie. ‘if-he recovers it’ (Medh., Gov., Kull, Nar. Ragh., Nand.). Medh. reads Aaurihrztam, and mentions another reading, Aaurahritam, which R4gh. has, and thinks that it may mean that the king must, make good stolen property which is not recovered.
3X, 46-47; Vi. III, 66-67 ; Y4ga. II, 36. Ie. ‘if-he recovers it’ (Medh., Gov., Kull, Nar. Ragh., Nand.). Medh. reads Aaurihrztam, and mentions another reading, Aaurahritam, which R4gh. has, and thinks that it may mean that the king must, make good stolen property which is not recovered. 41. Ap. II, 15, 1; Gaut. XI, 20; Vas. XIX, 7; Baudh. I, 2, 1-8; Vi. TI, 3; Y4gn. 1, 360. Gti, ‘castes,’ i.e. ‘Bréhmamsas and so forth’ (Kull., Nar., Ragh., Nand.). Gdnapada, ‘the laws of districts, e.g. of the Kuru, K4si or KAasmfra countries’ (Medh.), or ‘of certain districts’ (desa, Gov., Kull., Ragh.), or ‘of the inhabitants of one and the same village’ (N4r.). Medh. gives also other explanations of the compound gatig4napadan, ‘of local castes’ or ‘natives of different countries.’ Srezi,‘ guilds,’ i. e. ‘of merchants, &c.’ (Medh. Kull., Nar., Ragh.), or ‘ of merchants and husbandmen, &c.’ (Gov.), or ‘of merchants and actors, &c.’ (Nand.). Ragh. reads parip4layet, ‘and protect the peculiar law of each.’ It must, of course, be understood that the customs are not opposed to the sacred law (Medh., Gov., Kull., Ragh.). 43. Gaut. XIII, 27. ‘(Some) other (man),’ i.e. ‘the plaintiff’ VIII, 46. CIVIL AND CRIMINAL LAW. 261 themselves cause a lawsuit to be begun, or hush up one that has been brought (before them) by (some) other (man). 44. As a hunter traces the lair of a (wounded) deer by the drops of blood, even so the king shall discover on which side the right lies, by inferences (from the facts). 45. When engaged in judicial proceedings he must pay full attention to the truth, to the object (of the dispute), (and) to himself, next to the witnesses, to the place, to the time, and to the aspect. 46. What may have been practised by the virtuous, by such twice-born men as are devoted to the law, that he shall establish as law, if it be not (Medh.), or ‘the plaintiff or the defendant’ (Kull.), or ‘any suitor.’ ‘Others’ explain the second half of the verse according to Medh., as follows, ‘and let him not appropriate money brought to him in any other manner than for the suit.’ 44. Thus Kull. and Ragh. But Medh. and Gov. take the verse a little differently, ‘As the hunter tracks the steps of (a wounded) deer,’ &c.
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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