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Romanised transliteration as printed by the translator, not the original script. This is what we hold.
1¥ 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 64. ‘Who have an interest in the suit’ (N4r.) means according to Medh., Gov., Kull., and Ragh. ‘connected by money, i.e. creditors or debtors of the parties,’ or according to Nand. ‘men who have received benefits from one of the parties.’ Sah4ya, ‘companions,’ i.e. ‘sureties and the like’ (Medh.), or ‘servants’ (Kull., Nar.). Drishéadosha, ‘ men formerly convicted (of perjury),’ (Medh., Gov., Kull. Nar., Ragh., Nand.), may according to Medh. also mean ‘ men who have been convicted (of any serious offence).’ Men afflicted with serious illnesses must not be made witnesses, because such men are liable to become angry or to forget and thus to give false evidence (Medh.). Dfishita, ‘tainted,’ i.e. by mortal crimes or numerous smaller offences (Medh., Kull., Ragh.), means according to Nar. and Nand. Abhisastas, ‘ those accused of such crimes.’ 65. Kusilava, ‘actors’ (N4r.), or ‘dancers, musicians, and singers’ (Medh.), or ‘actors and so forth’ (Gov., Kull.), or ‘ singers’ (Nand.). A Srotriya, or Bréhmasa learned in the Vedas, cannot be made a witness, because he has to attend to his studies and to the Agnihotra (Medh., Kull., Nar., Ragh., Gov., Nand.). The same remark applies to the last two classes. Lingastha, ‘a student,’ includes according to N&r., Gov., Nand., Medh. also ‘ascetics.’ 66. ‘One wholly dependent,’ i. e.‘a slave by birth’ (Medh., Gov., 266 LAWS OF MANU. VIII, 67. occupations, nor an aged (man), nor an infant, nor one (man alone), nor a man of the lowest castes, nor one deficient in organs of sense, 67. Nor one extremely grieved, nor one intoxicated, nor a madman, nor one tormented by hunger or thirst, nor one oppressed by fatigue, nor. one tormented by desire, nor a wrathful man, nor a thief. 68. Women should give evidence for women, and for twice-born men twice-born men (of the) same (kind), virtuous Sddras for Sddras, and men of the lowest castes for the lowest. 69. But any person whatsoever, who has personal knowledge (of an act committed) in the interior apartments (of a house), or in a forest, or of (a crime causing) loss of life, may give evidence between the parties. 70. On failure (of qualified witnesses, evidence)
269. But any person whatsoever, who has personal knowledge (of an act committed) in the interior apartments (of a house), or in a forest, or of (a crime causing) loss of life, may give evidence between the parties. 70. On failure (of qualified witnesses, evidence) Kull., Nar., Ragh.). Vaktavya,‘one of bad fame,’ may according to Medh. also mean ‘one afflicted with leprosy or some other bad disease.’ Dasyu, i.e. ‘a servant for wages’ (Medh., Gov., Ragh.), or ‘a hard-hearted man’ (Medh.), or ‘an angry man’ (Kull.), or ‘a murderer’ (RAgh.), or ‘a low-caste man’ (Nand.). The term denotes, however, properly the aboriginal robber-tribes, and probably includes all those resembling them. ‘One who follows forbidden occupations,’ i.e. ‘a Brahmana who has become a warrior or a trader and the like’ (Medh.), or ‘a butcher and the like’ (N4r.). 68. Vas. XVI, 30. ‘ Women should give evidence for women only in cases between women or in matters concerning the female sex, which they alone may be supposed to know’ (Medh., Gov., Kull.). ‘ Twice-born men of the same kind,’ i. e. ‘of the same caste’ (Kull., Nar., Nand.), or ‘of the same caste and equally virtuous’ (Gov.), or ‘of the same place,’ or ‘ of the same caste, occupations, &c.’ (Medh.). 69. ‘Of (a crime causing) loss of life,’ i.e. ‘ of robberies, murders, and the like’ (Medh., Gov., Kull.). 70. The rule refers to the cases mentioned in verse 69 (Gov., Kull.), or to the last only (Nar.). VIII, 7g. CIVIL AND CRIMINAL LAW; PROCEDURE. 267 may be given (in such cases) by a woman, by an infant, by an aged man, by a pupil, by a relative, by a slave, or by a hired servant. 71. But the (judge) should consider the evidence of infants, aged and diseased men, who (are apt to) speak untruly, as untrustworthy, likewise that of men with disordered minds. 72. In all cases of violence, of theft and adultery, of defamation and assault, he must not examine the (competence of) witnesses (too strictly). 73. On a conflict of the witnesses the king shall accept (as true) the (evidence of the) majority; if (the conflicting parties are) equal in number, (that of) those distinguished by good qualities; on a difference between (equally) distinguished (witnesses, that of) the best among the twice-born. 74. Evidence in accordance with what has actually been seen or heard, is admissible; a witness who speaks truth in those (cases), neither loses spiritual merit nor wealth. 75. A witness who deposes in an assembly of honourable men (Arya) anything else but what he has seen or heard, falls after death headlong into hell and loses heaven. 73. Vi. VIII, 39; Yaga. II, 78, 80. ‘The best of the twiceborn,’ i.e. ‘ Brahmanas’ (Gov., Nar.), or ‘ particularly distinguished Brahmanas, who fulfil their sacred duties’ (Kull., Ragh.). 74-75. Ap. II, 29, 9-10; Gaut XIII, 7; Baudh. I, 19, 14-15; Vas. XVI, 36; Vi. VIII, 13-14. 74. ‘Nor wealth,’ i.e. ‘he will not be fined.’
3‘The best of the twiceborn,’ i.e. ‘ Brahmanas’ (Gov., Nar.), or ‘ particularly distinguished Brahmanas, who fulfil their sacred duties’ (Kull., Ragh.). 74-75. Ap. II, 29, 9-10; Gaut XIII, 7; Baudh. I, 19, 14-15; Vas. XVI, 36; Vi. VIII, 13-14. 74. ‘Nor wealth,’ i.e. ‘he will not be fined.’ 75. ‘In an assembly of honourable men,’ i.e. in court (Medh. be. or ‘in an assembly of Brahmamas’ (Gov.). ‘And loses heaven, i. ewhich he may have earned by good works (Medh., Gov., Kull., Nand.), or ‘even after passing through hell, he cannot get into heaven, because his merit is extinct’ (Nar.). 268 LAWS OF MANU. VIII, 76. 76. When a man (originally) not appointed to be a witness sees or hears anything and is (afterwards) examined regarding it, he must declare it (exactly) as he saw or heard it. 77. One man who is free from covetousness may be (accepted as) witness; but not even many pure women, because the understanding of females is apt to waver, nor even many other men, who are tainted with sin. 78. What witnesses declare quite naturally, that must be received on trials; (depositions) differing from that, which they make improperly, are worthless for (the purposes of) justice. 79. The witnesses being assembled in the court in the presence of the plaintiff and of the defendant, let the judge examine them, kindly exhorting them in the following manner : 80. ‘What ye know to have been mutually transacted in this matter between the two men before us, declare ald that in accordance with the truth; for ye are witnesses in this (cause). 81. ‘A witness who speaks the truth in his evidence, gains (after death) the most excellent regions (of bliss) and here (below) unsurpassable fame; such , testimony is revered by Brahman (himself). 76. ‘(Originally) not appointed (to be a witness),’ i.e. ‘not entered as a witness in the document’ (Medh.), ‘ but accidentally present at the transaction’ (Kull., Nar., Nand.). 78. ‘Quite naturally,’ i.e. ‘not out of compassion, in the belief of gaining merit, or depending on women’ (Medh.), or ‘ not out of fear and the like’ (Kull.), or ‘ without hesitation, quickly’ (N4r.). Gov. and Nand. explain it ‘in accordance with the truth.’ 79. Gaut. XIII, 5. 80-101. Ap. II, 29, 9-10 ; Gaut. XIII, 14-22; Vas. XVI, 32-34; Baudh. I, 19, 9-12 ; Vi. VIII, 19-37; YAgi. I, 73-75. VIII, 88. CIVIL AND CRIMINAL LAW; PROCEDURE. 269 82. ‘He who gives false evidence is firmly bound by Varuza’s fetters, helpless during one hundred existences ; let (men therefore) give true evidence. 83. ‘By truthfulness a witness is purified, through truthfulness his merit grows; truth must, therefore, be spoken by witnesses of all castes (varma). 84. ‘The Soul itself is the witness of the Soul, and the Soul is the refuge of the Soul; despise not thy own Soul, the supreme witness of men. 85. ‘The wicked, indeed, say in their hearts, “ Nobody sees us;” but the gods distinctly see them and the male within their own breasts.
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¥ 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 64. ‘Who have an interest in the suit’ (N4r.) means according to Medh., Gov., Kull., and Ragh. ‘connected by money, i.e. creditors or debtors of the parties,’ or according to Nand. ‘men who have received benefits from one of the parties.’ Sah4ya, ‘companions,’ i.e. ‘sureties and the like’ (Medh.), or ‘servants’ (Kull., Nar.). Drishéadosha, ‘ men formerly convicted (of perjury),’ (Medh., Gov., Kull. Nar., Ragh., Nand.), may according to Medh. also mean ‘ men who have been convicted (of any serious offence).’ Men afflicted with serious illnesses must not be made witnesses, because such men are liable to become angry or to forget and thus to give false evidence (Medh.). Dfishita, ‘tainted,’ i.e. by mortal crimes or numerous smaller offences (Medh., Kull., Ragh.), means according to Nar. and Nand. Abhisastas, ‘ those accused of such crimes.’ 65. Kusilava, ‘actors’ (N4r.), or ‘dancers, musicians, and singers’ (Medh.), or ‘actors and so forth’ (Gov., Kull.), or ‘ singers’ (Nand.). A Srotriya, or Bréhmasa learned in the Vedas, cannot be made a witness, because he has to attend to his studies and to the Agnihotra (Medh., Kull., Nar., Ragh., Gov., Nand.). The same remark applies to the last two classes. Lingastha, ‘a student,’ includes according to N&r., Gov., Nand., Medh. also ‘ascetics.’ 66. ‘One wholly dependent,’ i. e.‘a slave by birth’ (Medh., Gov., 266 LAWS OF MANU. VIII, 67. occupations, nor an aged (man), nor an infant, nor one (man alone), nor a man of the lowest castes, nor one deficient in organs of sense, 67. Nor one extremely grieved, nor one intoxicated, nor a madman, nor one tormented by hunger or thirst, nor one oppressed by fatigue, nor. one tormented by desire, nor a wrathful man, nor a thief. 68. Women should give evidence for women, and for twice-born men twice-born men (of the) same (kind), virtuous Sddras for Sddras, and men of the lowest castes for the lowest. 69. But any person whatsoever, who has personal knowledge (of an act committed) in the interior apartments (of a house), or in a forest, or of (a crime causing) loss of life, may give evidence between the parties. 70. On failure (of qualified witnesses, evidence)
269. But any person whatsoever, who has personal knowledge (of an act committed) in the interior apartments (of a house), or in a forest, or of (a crime causing) loss of life, may give evidence between the parties. 70. On failure (of qualified witnesses, evidence) Kull., Nar., Ragh.). Vaktavya,‘one of bad fame,’ may according to Medh. also mean ‘one afflicted with leprosy or some other bad disease.’ Dasyu, i.e. ‘a servant for wages’ (Medh., Gov., Ragh.), or ‘a hard-hearted man’ (Medh.), or ‘an angry man’ (Kull.), or ‘a murderer’ (RAgh.), or ‘a low-caste man’ (Nand.). The term denotes, however, properly the aboriginal robber-tribes, and probably includes all those resembling them. ‘One who follows forbidden occupations,’ i.e. ‘a Brahmana who has become a warrior or a trader and the like’ (Medh.), or ‘a butcher and the like’ (N4r.). 68. Vas. XVI, 30. ‘ Women should give evidence for women only in cases between women or in matters concerning the female sex, which they alone may be supposed to know’ (Medh., Gov., Kull.). ‘ Twice-born men of the same kind,’ i. e. ‘of the same caste’ (Kull., Nar., Nand.), or ‘of the same caste and equally virtuous’ (Gov.), or ‘of the same place,’ or ‘ of the same caste, occupations, &c.’ (Medh.). 69. ‘Of (a crime causing) loss of life,’ i.e. ‘ of robberies, murders, and the like’ (Medh., Gov., Kull.). 70. The rule refers to the cases mentioned in verse 69 (Gov., Kull.), or to the last only (Nar.). VIII, 7g. CIVIL AND CRIMINAL LAW; PROCEDURE. 267 may be given (in such cases) by a woman, by an infant, by an aged man, by a pupil, by a relative, by a slave, or by a hired servant. 71. But the (judge) should consider the evidence of infants, aged and diseased men, who (are apt to) speak untruly, as untrustworthy, likewise that of men with disordered minds. 72. In all cases of violence, of theft and adultery, of defamation and assault, he must not examine the (competence of) witnesses (too strictly). 73. On a conflict of the witnesses the king shall accept (as true) the (evidence of the) majority; if (the conflicting parties are) equal in number, (that of) those distinguished by good qualities; on a difference between (equally) distinguished (witnesses, that of) the best among the twice-born. 74. Evidence in accordance with what has actually been seen or heard, is admissible; a witness who speaks truth in those (cases), neither loses spiritual merit nor wealth. 75. A witness who deposes in an assembly of honourable men (Arya) anything else but what he has seen or heard, falls after death headlong into hell and loses heaven. 73. Vi. VIII, 39; Yaga. II, 78, 80. ‘The best of the twiceborn,’ i.e. ‘ Brahmanas’ (Gov., Nar.), or ‘ particularly distinguished Brahmanas, who fulfil their sacred duties’ (Kull., Ragh.). 74-75. Ap. II, 29, 9-10; Gaut XIII, 7; Baudh. I, 19, 14-15; Vas. XVI, 36; Vi. VIII, 13-14. 74. ‘Nor wealth,’ i.e. ‘he will not be fined.’
3‘The best of the twiceborn,’ i.e. ‘ Brahmanas’ (Gov., Nar.), or ‘ particularly distinguished Brahmanas, who fulfil their sacred duties’ (Kull., Ragh.). 74-75. Ap. II, 29, 9-10; Gaut XIII, 7; Baudh. I, 19, 14-15; Vas. XVI, 36; Vi. VIII, 13-14. 74. ‘Nor wealth,’ i.e. ‘he will not be fined.’ 75. ‘In an assembly of honourable men,’ i.e. in court (Medh. be. or ‘in an assembly of Brahmamas’ (Gov.). ‘And loses heaven, i. ewhich he may have earned by good works (Medh., Gov., Kull., Nand.), or ‘even after passing through hell, he cannot get into heaven, because his merit is extinct’ (Nar.). 268 LAWS OF MANU. VIII, 76. 76. When a man (originally) not appointed to be a witness sees or hears anything and is (afterwards) examined regarding it, he must declare it (exactly) as he saw or heard it. 77. One man who is free from covetousness may be (accepted as) witness; but not even many pure women, because the understanding of females is apt to waver, nor even many other men, who are tainted with sin. 78. What witnesses declare quite naturally, that must be received on trials; (depositions) differing from that, which they make improperly, are worthless for (the purposes of) justice. 79. The witnesses being assembled in the court in the presence of the plaintiff and of the defendant, let the judge examine them, kindly exhorting them in the following manner : 80. ‘What ye know to have been mutually transacted in this matter between the two men before us, declare ald that in accordance with the truth; for ye are witnesses in this (cause). 81. ‘A witness who speaks the truth in his evidence, gains (after death) the most excellent regions (of bliss) and here (below) unsurpassable fame; such , testimony is revered by Brahman (himself). 76. ‘(Originally) not appointed (to be a witness),’ i.e. ‘not entered as a witness in the document’ (Medh.), ‘ but accidentally present at the transaction’ (Kull., Nar., Nand.). 78. ‘Quite naturally,’ i.e. ‘not out of compassion, in the belief of gaining merit, or depending on women’ (Medh.), or ‘ not out of fear and the like’ (Kull.), or ‘ without hesitation, quickly’ (N4r.). Gov. and Nand. explain it ‘in accordance with the truth.’ 79. Gaut. XIII, 5. 80-101. Ap. II, 29, 9-10 ; Gaut. XIII, 14-22; Vas. XVI, 32-34; Baudh. I, 19, 9-12 ; Vi. VIII, 19-37; YAgi. I, 73-75. VIII, 88. CIVIL AND CRIMINAL LAW; PROCEDURE. 269 82. ‘He who gives false evidence is firmly bound by Varuza’s fetters, helpless during one hundred existences ; let (men therefore) give true evidence. 83. ‘By truthfulness a witness is purified, through truthfulness his merit grows; truth must, therefore, be spoken by witnesses of all castes (varma). 84. ‘The Soul itself is the witness of the Soul, and the Soul is the refuge of the Soul; despise not thy own Soul, the supreme witness of men. 85. ‘The wicked, indeed, say in their hearts, “ Nobody sees us;” but the gods distinctly see them and the male within their own breasts.
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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