Fetching
One moment.
Fetching
One moment.
Romanised transliteration as printed by the translator, not the original script. This is what we hold.
1Thus Kull. and Ragh. But Medh. and Gov. take the verse a little differently, ‘As the hunter tracks the steps of (a wounded) deer,’ &c. 45. ‘ The truth,’ i. e. ‘removing all fraud’ (Kull., Ragh.), or ‘ what portion (of this suit) is based on truth’ (Nar, Nand.). Artham, ‘the object of the dispute,’ i.e. ‘if it be not too insignificant, in which case the plaint must not be accepted’ (Medh., Gov., Kull., R4gh.). Nar. explains artha by ‘the money realised by a fine and the like,’ Nand. by ‘the aim.’ ‘Himself,’ i.e. ‘that he will obtain heaven by a just decision’ (Kull., Ragh.). ‘The place and the time,’ i.e. ‘what is befitting the place and the time’ (Kull.), or ‘the place, e.g. Bandras, and the time (e. g. of a famine) where and when the offence has been committed, and which may make the case lighter or heavier’ (Medh., Ragh.), or ‘the customs of the country and what is befitting the time ’ (N4r.), or ‘the place where the offence was committed and the age of the offender’ (Gov.). RQpam, ‘the aspect,’ i.e. ‘the nature of the object’ (Medh., Nand.), or ‘the nature of the case’ (Kull.), or ‘the looks of the parties’ (Medh. ‘others,’ Gov.,, Nar., Ragh.). 46. Thus Kull., Nar., Ragh., and Nand. But Medh. takes the verse differently, ‘ What has been practised by the virtuous and by 262 LAWS OF MANU. VIII, 47. opposed to the (customs of) countries, families, and castes (gti). 47. When a creditor sues (before the king) for the recovery of money from a debtor, let him make the debtor pay the sum which the creditor proves (to be due). 48. By whatever means a creditor may be able to obtain possession of his property, even by those means may he force the debtor and make him pay. 49. By moral suasion, by suit of law, by artful management, or by the customary proceeding, a creditor may recover property lent; and fifthly, by force. 50. A creditor who himself recovers his property from his debtor, must not be blamed by the king for retaking what is his own. 51. But him who denies a debt which is proved by good evidence, he shall order to pay that debt twice-born men .... that he shall establish as law for countries, families, and castes, if it is not opposed (to texts of the Sruti and Smriti).’ Gov. reads anurfipam, ‘conform with,’ instead of aviruddham, ‘not opposed,’ and seems to agree with Medh. He says, ‘And thus Jet him punish in lawsuits the litigant who acts in a contrary manner; and as here the phrase “what is practised by the virtuous” is used, this (rule) must refer to good conduct.’ But the rule, given in verse 41, must refer to laws other than ‘(those relating to) good conduct.’
2He says, ‘And thus Jet him punish in lawsuits the litigant who acts in a contrary manner; and as here the phrase “what is practised by the virtuous” is used, this (rule) must refer to good conduct.’ But the rule, given in verse 41, must refer to laws other than ‘(those relating to) good conduct.’ 49. Vyavaharena, ‘by suit of law’ (Gov., Kull., Nar.), or ‘ by threatening a lawsuit’ (Nand.), or ‘ by forced labour’ (Medh.), or ‘ by a forcible sale of property’ (Ragh.). A-arita, ‘ the customary proceeding,’ i.e. ‘ by killing one’s wife, children, and cattle, and sitting at the debtor’s door.’ Brihaspati, quoted by Kull. and R4gh., or ‘by fasting’ (Gov.), or ‘by the creditor’s starving himself to death’ (N4r.). This custom corresponds to the so-called prayopavesana, or Dharaa, and to the Traga of the bards. 50. Vi. VI, 19; YAgw. II, 40. 51. ‘In this case self-help must not be used’ (Medh.). Regarding the amount of the fine, see below, verse 139. ra VIII, 57. CIVIL AND CRIMINAL LAW; DEBTS. 263 to the creditor and a small fine according to his circumstances. 52. On the denial (of a debt) by a debtor who has been required in court to pay it, the complainant must call (a witness) who was present (when the loan was made), or adduce other evidence. 53. (The plaintiff) who calls a witness not present at the transaction, who retracts his statements, or does not perceive that his statemegts (are) confused or contradictory ; 54. Or who having stated what he means to prove afterwards varies (his case), or who being questioned on a fact duly stated by himself does not abide by it; 55: Or who converses with the witnesses in a place improper for such conversation; or who declines to answer a question, properly put, or leaves (the court); 56. Or who, being ordered to speak, does not answer, or does not prove what he has alleged; or who does not know what is the first (point), and what the second, fails in his suit. 57- Him also who says ‘I have witnesses,’ and, 2 52. Instead of desyam, ‘(a witness) who was present (when the loan was made,’ K., Ragh., Kull.), Medh., Gov., N4r., and Nand. read desam, ‘(must point out) the place.’ 53-56. Yagz. Il, 16. ; 53- Medh., Gov., Nar., and Nand. read apadesam, ‘ a wrong or impossible place,’ instead of adesyam, ‘a witness not present.’ Kull. reads according to the editions, ‘adesyam,’ but his explanation agrees with the other reading. 54. Pranihitam, ‘ duly stated (by himself),’ (Kull., Nand.), i.e. ‘in the plaint’ (Gov.), means according to Ragh. and Nar. ‘duly ascertained.’ 56. ‘Who does not know what is the first (point) and what is the second,’ i.e. ‘what is the proof and what the matter to be proved’ (Kull, Ragh.), or ‘what ought to be said first and what later’ (Nar., Nand.). 264 LAWS OF MANU. VIII, 58. being ordered to produce them, produces them not, the judge must on these (same) grounds declare to be non-suited. ;
3‘what is the proof and what the matter to be proved’ (Kull, Ragh.), or ‘what ought to be said first and what later’ (Nar., Nand.). 264 LAWS OF MANU. VIII, 58. being ordered to produce them, produces them not, the judge must on these (same) grounds declare to be non-suited. ; 58. If a plaintiff does not speak, he may be punished corporally or fined according to the law; if (a defendant) does not plead within three fortnights, he has lost his cause. 59. In the double of that sum which (a defendant) falsely denies or on which (the plaintiff) falsely declares, shall those two (men) offending against justice be fined by the king. 60. (A defendant) who, being brought (into court) by the creditor, (and) being questioned, denies (the debt), shall be convicted (of his falsehood) by at least three witnesses (who must depose) in the presence of the Brahmaza (appointed by) the king. 61. I will fully declare what kind of men may be made witnesses in suits by creditors, and in what manner those (witnesses) must give true (evidence). 62. ‘Householders, men with male issue, and indigenous (inhabitants of the country, be they) Kshatriyas, Vaisyas, or S(dras, are competent, when called by a suitor, to give evidence, not any persons whatever (their condition may be) except in cases of urgency. 58. ‘If a plaintiff does not speak,’ i.e. ‘after bringing a suit’ (Kull.). Corporal punishment is for heavy cases (Kull.). 59- Yagh. II, 59. 60. Thus Gov., Kull., Ragh., but the last words may also mean ‘in the presence of the king and of the Brahmazas.’ 61-72. Ap.II, 29, 7; Gaut. XIII, 1-4; Vas. XVI, 28-30; Baudh. I, 19,13; Vi. VIII, 7-9; Yaga. II, 68-72. 62. Medh. and Nar. refer the expression ‘ not any person whatever (their condition may be),’ to such as volunteer to give evidence without being summoned. The ‘cases of urgency’ are those mentioned below, verse 69. VITI, 66. CIVIL AND CRIMINAL LAW; DEBTS. 265 63. Trustworthy men of all the (four) castes (varza) may be made witnesses in lawsuits, (men) who know (their) whole duty, and are free from covetousness; but let him reject those (of an) opposite (character). 64. Those must not be made (witnesses) who have an interest in the suit, nor familiar (friends), | companions, and enemies (of the parties), nor (men) © formerly convicted (of perjury), nor (persons) suffering under (severe) illness, nor (those) tainted (by mortal sin). ¥ 65. The king cannot be made a witness, nor mechanics and actors, nor a Srotriya, nor a student , of the Veda, nor (an ascetic) who has given up (all) connexion (with the world), 66. Nor one wholly dependent, nor one of bad fame, nor a Dasyu, nor one who follows forbidden
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.
1Thus Kull. and Ragh. But Medh. and Gov. take the verse a little differently, ‘As the hunter tracks the steps of (a wounded) deer,’ &c. 45. ‘ The truth,’ i. e. ‘removing all fraud’ (Kull., Ragh.), or ‘ what portion (of this suit) is based on truth’ (Nar, Nand.). Artham, ‘the object of the dispute,’ i.e. ‘if it be not too insignificant, in which case the plaint must not be accepted’ (Medh., Gov., Kull., R4gh.). Nar. explains artha by ‘the money realised by a fine and the like,’ Nand. by ‘the aim.’ ‘Himself,’ i.e. ‘that he will obtain heaven by a just decision’ (Kull., Ragh.). ‘The place and the time,’ i.e. ‘what is befitting the place and the time’ (Kull.), or ‘the place, e.g. Bandras, and the time (e. g. of a famine) where and when the offence has been committed, and which may make the case lighter or heavier’ (Medh., Ragh.), or ‘the customs of the country and what is befitting the time ’ (N4r.), or ‘the place where the offence was committed and the age of the offender’ (Gov.). RQpam, ‘the aspect,’ i.e. ‘the nature of the object’ (Medh., Nand.), or ‘the nature of the case’ (Kull.), or ‘the looks of the parties’ (Medh. ‘others,’ Gov.,, Nar., Ragh.). 46. Thus Kull., Nar., Ragh., and Nand. But Medh. takes the verse differently, ‘ What has been practised by the virtuous and by 262 LAWS OF MANU. VIII, 47. opposed to the (customs of) countries, families, and castes (gti). 47. When a creditor sues (before the king) for the recovery of money from a debtor, let him make the debtor pay the sum which the creditor proves (to be due). 48. By whatever means a creditor may be able to obtain possession of his property, even by those means may he force the debtor and make him pay. 49. By moral suasion, by suit of law, by artful management, or by the customary proceeding, a creditor may recover property lent; and fifthly, by force. 50. A creditor who himself recovers his property from his debtor, must not be blamed by the king for retaking what is his own. 51. But him who denies a debt which is proved by good evidence, he shall order to pay that debt twice-born men .... that he shall establish as law for countries, families, and castes, if it is not opposed (to texts of the Sruti and Smriti).’ Gov. reads anurfipam, ‘conform with,’ instead of aviruddham, ‘not opposed,’ and seems to agree with Medh. He says, ‘And thus Jet him punish in lawsuits the litigant who acts in a contrary manner; and as here the phrase “what is practised by the virtuous” is used, this (rule) must refer to good conduct.’ But the rule, given in verse 41, must refer to laws other than ‘(those relating to) good conduct.’
2He says, ‘And thus Jet him punish in lawsuits the litigant who acts in a contrary manner; and as here the phrase “what is practised by the virtuous” is used, this (rule) must refer to good conduct.’ But the rule, given in verse 41, must refer to laws other than ‘(those relating to) good conduct.’ 49. Vyavaharena, ‘by suit of law’ (Gov., Kull., Nar.), or ‘ by threatening a lawsuit’ (Nand.), or ‘ by forced labour’ (Medh.), or ‘ by a forcible sale of property’ (Ragh.). A-arita, ‘ the customary proceeding,’ i.e. ‘ by killing one’s wife, children, and cattle, and sitting at the debtor’s door.’ Brihaspati, quoted by Kull. and R4gh., or ‘by fasting’ (Gov.), or ‘by the creditor’s starving himself to death’ (N4r.). This custom corresponds to the so-called prayopavesana, or Dharaa, and to the Traga of the bards. 50. Vi. VI, 19; YAgw. II, 40. 51. ‘In this case self-help must not be used’ (Medh.). Regarding the amount of the fine, see below, verse 139. ra VIII, 57. CIVIL AND CRIMINAL LAW; DEBTS. 263 to the creditor and a small fine according to his circumstances. 52. On the denial (of a debt) by a debtor who has been required in court to pay it, the complainant must call (a witness) who was present (when the loan was made), or adduce other evidence. 53. (The plaintiff) who calls a witness not present at the transaction, who retracts his statements, or does not perceive that his statemegts (are) confused or contradictory ; 54. Or who having stated what he means to prove afterwards varies (his case), or who being questioned on a fact duly stated by himself does not abide by it; 55: Or who converses with the witnesses in a place improper for such conversation; or who declines to answer a question, properly put, or leaves (the court); 56. Or who, being ordered to speak, does not answer, or does not prove what he has alleged; or who does not know what is the first (point), and what the second, fails in his suit. 57- Him also who says ‘I have witnesses,’ and, 2 52. Instead of desyam, ‘(a witness) who was present (when the loan was made,’ K., Ragh., Kull.), Medh., Gov., N4r., and Nand. read desam, ‘(must point out) the place.’ 53-56. Yagz. Il, 16. ; 53- Medh., Gov., Nar., and Nand. read apadesam, ‘ a wrong or impossible place,’ instead of adesyam, ‘a witness not present.’ Kull. reads according to the editions, ‘adesyam,’ but his explanation agrees with the other reading. 54. Pranihitam, ‘ duly stated (by himself),’ (Kull., Nand.), i.e. ‘in the plaint’ (Gov.), means according to Ragh. and Nar. ‘duly ascertained.’ 56. ‘Who does not know what is the first (point) and what is the second,’ i.e. ‘what is the proof and what the matter to be proved’ (Kull, Ragh.), or ‘what ought to be said first and what later’ (Nar., Nand.). 264 LAWS OF MANU. VIII, 58. being ordered to produce them, produces them not, the judge must on these (same) grounds declare to be non-suited. ;
3‘what is the proof and what the matter to be proved’ (Kull, Ragh.), or ‘what ought to be said first and what later’ (Nar., Nand.). 264 LAWS OF MANU. VIII, 58. being ordered to produce them, produces them not, the judge must on these (same) grounds declare to be non-suited. ; 58. If a plaintiff does not speak, he may be punished corporally or fined according to the law; if (a defendant) does not plead within three fortnights, he has lost his cause. 59. In the double of that sum which (a defendant) falsely denies or on which (the plaintiff) falsely declares, shall those two (men) offending against justice be fined by the king. 60. (A defendant) who, being brought (into court) by the creditor, (and) being questioned, denies (the debt), shall be convicted (of his falsehood) by at least three witnesses (who must depose) in the presence of the Brahmaza (appointed by) the king. 61. I will fully declare what kind of men may be made witnesses in suits by creditors, and in what manner those (witnesses) must give true (evidence). 62. ‘Householders, men with male issue, and indigenous (inhabitants of the country, be they) Kshatriyas, Vaisyas, or S(dras, are competent, when called by a suitor, to give evidence, not any persons whatever (their condition may be) except in cases of urgency. 58. ‘If a plaintiff does not speak,’ i.e. ‘after bringing a suit’ (Kull.). Corporal punishment is for heavy cases (Kull.). 59- Yagh. II, 59. 60. Thus Gov., Kull., Ragh., but the last words may also mean ‘in the presence of the king and of the Brahmazas.’ 61-72. Ap.II, 29, 7; Gaut. XIII, 1-4; Vas. XVI, 28-30; Baudh. I, 19,13; Vi. VIII, 7-9; Yaga. II, 68-72. 62. Medh. and Nar. refer the expression ‘ not any person whatever (their condition may be),’ to such as volunteer to give evidence without being summoned. The ‘cases of urgency’ are those mentioned below, verse 69. VITI, 66. CIVIL AND CRIMINAL LAW; DEBTS. 265 63. Trustworthy men of all the (four) castes (varza) may be made witnesses in lawsuits, (men) who know (their) whole duty, and are free from covetousness; but let him reject those (of an) opposite (character). 64. Those must not be made (witnesses) who have an interest in the suit, nor familiar (friends), | companions, and enemies (of the parties), nor (men) © formerly convicted (of perjury), nor (persons) suffering under (severe) illness, nor (those) tainted (by mortal sin). ¥ 65. The king cannot be made a witness, nor mechanics and actors, nor a Srotriya, nor a student , of the Veda, nor (an ascetic) who has given up (all) connexion (with the world), 66. Nor one wholly dependent, nor one of bad fame, nor a Dasyu, nor one who follows forbidden
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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