Fetching
One moment.
Fetching
One moment.
Romanised transliteration as printed by the translator, not the original script. This is what we hold.
1108. YAgii. II, 113. tog. Gaut. XIII, 12-13; Vi. IX, 2-9. According to Medh. sapatha, ‘ oath,’ is used for the whole daiva anumana, ‘divine proof,’ and thus includes the ordeals. 110. Medh. and Gov. point out that the seven sages purified themselves by oaths when they mutually accused each other of a theft of lotus-fibres (Mah. XIII, 93, 13 seqq.), and that Indra swore an oath when he was accused of an intrigue with Ahaly4, the wife of Gautama. Vasish/ha finally cleared himself of the accusation which Visvamitra brought against him before king Sudas, that he was a Rakshasa and had devoured his hundred sons (Medh., Gov., Kull., Nér., Ragh., Nand.). See Sayana on Rig-veda VII, 104, and especially on verse 15, which is considered to contain the oath sworn. 112. Gaut. XXIII, 29; Vas. XVI, 35. ‘Fuel,’ i.e. ‘for a burnt- [25] T 274 LAWS OF MANU. VII, 113. 113. Let the (judge) cause a Brahmaza to swear by his veracity, a Kshatriya by his chariot or the animal he rides on and by his weapons, a Vaisya by his kine, grain, and gold, and a Sddra by (imprecating on his own head the guilt) of all grievous offences (pataka). 114. Or the (judge) may cause the (party) to carry fire or to dive under water, or severally to touch the heads of his wives and children, 115. He whom the blazing fire burns not, whom the water forces not to come (quickly) up, who meets with no speedy misfortune, must be held innocent on (the strength of) his oath. 116. For formerly when Vatsa was accused by his younger brother, the fire, the spy of the world, burned not even a hair (of his) by reason of his veracity. 117. Whenever false evidence has been given in any suit, let the (judge) reverse the judgment, and whatever has been done must be (considered as) undone. oblation’ (Medh., Gov., Kull., Nar.). In the last cases the sacredness of the purpose excuses the crime. 113. The Kshatriya and Vaisya must touch the things mentioned, and say, ‘ May they become useless to me!’ (Medh., Gov., Kull.) 114. This verse refers, as the commentators assert, to the two ordeals described by Vi. XI-XII, and Y4g%. II, 103-109. Medh., Gov., and Kull. assert that ordeals are to be used in particularly important cases only; see also Vi. IX, 10-14. 116. Maitreya, the step-brother of Vatsa, accused the latter of being the offspring of a Sfidra woman. In order to prove the falseness of this allegation, Vatsa passed through a fire (Medh., Gov., Kull., Nar., Ragh.). I read spasa# instead of sprisah. 117. Vi. VIII, 40. ‘Fines imposed must be remitted’ (Gov., Kull., Nar.) VIII, 124. CIVIL AND CRIMINAL LAW; PROCEDURE. 275 118. Evidence (given) from covetousness, distraction, terror, friendship, lust, wrath, ignorance, and childishness is declared (to be) invalid. 119. I will propound in (due) order the particular punishments for him who gives false evidence from any one of these motives.
2275 118. Evidence (given) from covetousness, distraction, terror, friendship, lust, wrath, ignorance, and childishness is declared (to be) invalid. 119. I will propound in (due) order the particular punishments for him who gives false evidence from any one of these motives. 120. (He who commits perjury) through covetousness shall be fined one thousand (pazas), (he who does it) through distraction, in the lowest amercement ; (if a man does it) through fear, two middling amercements shall be paid as a fine, (if he does it) through friendship, four times the amount of the lowest (amercement). 121. (He who does it) through lust, (shall pay) ten times the lowest amercement, but (he who does it) through wrath, three times the next (or second amercement); (he who does it) through ignorance, two full hundreds, but (he who does it) through childishness, one hundred (pamas). 122, They declare that the wise have prescribed these fines for perjury, in order to prevent a failure of justice, and in order to restrain injustice. 123. But a just king shall fine and banish (men of) the three (lower) castes (varza) who have given false evidence, but a Brahmaza he shall (only) banish, 124. Manu, the sqn of the Self-existent (Svayambhu), has named ten places on which punishment 119-123. Yaga. II, 81. 120. Regarding the three amercements, see below, verse 138. 123. Vivasayet, ‘he shall (only) banish’ (Kull., Nar, Ragh,, Nand.), means according to Medh.‘he shall deprive him of his clothes or of his house.’ Gov. gives Medh.’s first explanation only. 124, Ap. Il, 27; 8, 17-19; Gaut. XII, 46-47; Vi. V, 2-8. T2 276 LAWS OF MANU. VOT, 12g. may be (made to fall) in the cases of the three (lower) castes (varza); but a Brahmama shall depart unhurt (from the country). 125. (These are) the organ, the belly, the tongue, the two hands, and fifthly the two feet, the eye, the nose, the two ears, likewise the (whole) body. 126. Let the (king), having fully ascertained the motive, the time and place (of the offence), and having considered the ability (of the criminal to suffer) and the (nature of the) crime, cause punishment to fall on those who deserve it. 127. Unjust punishment destroys reputation among men, and fame (after death), and causes even in the next world the loss of heaven; let him, therefore, beware of (inflicting) it. 128. A king who punishes those who do not deserve it, and punishes not those who deserve it, brings great infamy on himself and (after death) sinks into hell. 129. Let him punish first by (gentle) admonition, afterwards by (harsh) reproof, thirdly by a fine, after that by corporal chastisement. 130. But when he cannot restrain such (offenders) even by corporal punishment, then let him apply to them even all the four (modes conjointly). 131. Those technical names of (certain quantities of) copper, silver, and gold, which are generally used
3130. But when he cannot restrain such (offenders) even by corporal punishment, then let him apply to them even all the four (modes conjointly). 131. Those technical names of (certain quantities of) copper, silver, and gold, which are generally used 126. Gaut. XII, 51; Yagf. I, 367. Anubandham, ‘the motive,’ includes according to Gov. and Kull. also ‘the frequency of the offence.’ " Nar. gives the latter meaning alone. Nand. reads aparadham, ‘the offence.’ Instead of sfraparadhau Nand. reads sirasdram, ‘the strength or weakness (of the offender).’ 127-128. YAph. I, 356;-Vi. XIX, 43. - 129-130. Yagi. I, 366. 131-138. Vi. IV, 1-14; Yagi. I, 361-365. VIIT, 139. CIVIL AND CRIMINAL LAW; PROCEDURE. 277 on earth for the purpose of business transactions among men, I will fully declare. 132. The very small mote which is seen when the sun shines through a lattice, they declare (to be) the least of (all) quantities and (to be called) a trasaremu (a floating particle of dust). 133. Know (that) eight trasarezus (are equal) in bulk (to) a liksh4 (the egg of a louse), three of those to one grain of black mustard (ragasarshapa), and three of the latter to a white mustard-seed. 134. Six grains of white mustard are one middlesized barley-corn, and three barley-corns one kvzshvala (raktik4é, or guéga-berry); five kvzshzalas are one masha (bean), and sixteen of those one suvaraa, 135. Four suvarzas are one pala, and ten palas one dharaza; two krzshzalas (of silver), weighed together, must be considered one mashaka of silver. 136. Sixteen of those make a silver dharava, or puradvza; but know (that) a karsha of copper is a karshapaza, or pazea. 137. Know (that) ten dharawas of silver make one satamana ; four suvarzas must be considered (equal) in weight to a nishka. 138. Two hundred and fifty pazas are declared (to be) the first (or lowest) amercement, five (hundred) are considered as the mean (or middlemost), but one thousand as the highest. 139. A debt being admitted as due, (the defendant) 134. The krishaala or raktik4 (ratti) is still used by jewellers and goldsmiths. It corresponds to 0.122 grammes, or 1.875 grains. 136. A karsha=16 mashas=8o kreshaalas. 139. Vi. VI, 20-21; YAgii. II, 42. According to Nar. ‘some’ only have this verse. 278 LAWS OF MANU. VIII, 140. shall pay five in the hundred (as a fine), if it be denied (and proved) twice as much; that is the teaching of Manu. 140. A money-lender may stipulate as an increase of his capital, for the interest, allowed by Vasish¢fa, and take monthly the eightieth part of a hundred, 141. Or, remembering the duty of good men, he may take two in the hundred (by the month), for he who takes two in the hundred becomes not a sinner for gain. 142. Just two in the hundred, three, four, and five (and not more), he may take as monthly interest according to the order of the castes (varma).
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.
1108. YAgii. II, 113. tog. Gaut. XIII, 12-13; Vi. IX, 2-9. According to Medh. sapatha, ‘ oath,’ is used for the whole daiva anumana, ‘divine proof,’ and thus includes the ordeals. 110. Medh. and Gov. point out that the seven sages purified themselves by oaths when they mutually accused each other of a theft of lotus-fibres (Mah. XIII, 93, 13 seqq.), and that Indra swore an oath when he was accused of an intrigue with Ahaly4, the wife of Gautama. Vasish/ha finally cleared himself of the accusation which Visvamitra brought against him before king Sudas, that he was a Rakshasa and had devoured his hundred sons (Medh., Gov., Kull., Nér., Ragh., Nand.). See Sayana on Rig-veda VII, 104, and especially on verse 15, which is considered to contain the oath sworn. 112. Gaut. XXIII, 29; Vas. XVI, 35. ‘Fuel,’ i.e. ‘for a burnt- [25] T 274 LAWS OF MANU. VII, 113. 113. Let the (judge) cause a Brahmaza to swear by his veracity, a Kshatriya by his chariot or the animal he rides on and by his weapons, a Vaisya by his kine, grain, and gold, and a Sddra by (imprecating on his own head the guilt) of all grievous offences (pataka). 114. Or the (judge) may cause the (party) to carry fire or to dive under water, or severally to touch the heads of his wives and children, 115. He whom the blazing fire burns not, whom the water forces not to come (quickly) up, who meets with no speedy misfortune, must be held innocent on (the strength of) his oath. 116. For formerly when Vatsa was accused by his younger brother, the fire, the spy of the world, burned not even a hair (of his) by reason of his veracity. 117. Whenever false evidence has been given in any suit, let the (judge) reverse the judgment, and whatever has been done must be (considered as) undone. oblation’ (Medh., Gov., Kull., Nar.). In the last cases the sacredness of the purpose excuses the crime. 113. The Kshatriya and Vaisya must touch the things mentioned, and say, ‘ May they become useless to me!’ (Medh., Gov., Kull.) 114. This verse refers, as the commentators assert, to the two ordeals described by Vi. XI-XII, and Y4g%. II, 103-109. Medh., Gov., and Kull. assert that ordeals are to be used in particularly important cases only; see also Vi. IX, 10-14. 116. Maitreya, the step-brother of Vatsa, accused the latter of being the offspring of a Sfidra woman. In order to prove the falseness of this allegation, Vatsa passed through a fire (Medh., Gov., Kull., Nar., Ragh.). I read spasa# instead of sprisah. 117. Vi. VIII, 40. ‘Fines imposed must be remitted’ (Gov., Kull., Nar.) VIII, 124. CIVIL AND CRIMINAL LAW; PROCEDURE. 275 118. Evidence (given) from covetousness, distraction, terror, friendship, lust, wrath, ignorance, and childishness is declared (to be) invalid. 119. I will propound in (due) order the particular punishments for him who gives false evidence from any one of these motives.
2275 118. Evidence (given) from covetousness, distraction, terror, friendship, lust, wrath, ignorance, and childishness is declared (to be) invalid. 119. I will propound in (due) order the particular punishments for him who gives false evidence from any one of these motives. 120. (He who commits perjury) through covetousness shall be fined one thousand (pazas), (he who does it) through distraction, in the lowest amercement ; (if a man does it) through fear, two middling amercements shall be paid as a fine, (if he does it) through friendship, four times the amount of the lowest (amercement). 121. (He who does it) through lust, (shall pay) ten times the lowest amercement, but (he who does it) through wrath, three times the next (or second amercement); (he who does it) through ignorance, two full hundreds, but (he who does it) through childishness, one hundred (pamas). 122, They declare that the wise have prescribed these fines for perjury, in order to prevent a failure of justice, and in order to restrain injustice. 123. But a just king shall fine and banish (men of) the three (lower) castes (varza) who have given false evidence, but a Brahmaza he shall (only) banish, 124. Manu, the sqn of the Self-existent (Svayambhu), has named ten places on which punishment 119-123. Yaga. II, 81. 120. Regarding the three amercements, see below, verse 138. 123. Vivasayet, ‘he shall (only) banish’ (Kull., Nar, Ragh,, Nand.), means according to Medh.‘he shall deprive him of his clothes or of his house.’ Gov. gives Medh.’s first explanation only. 124, Ap. Il, 27; 8, 17-19; Gaut. XII, 46-47; Vi. V, 2-8. T2 276 LAWS OF MANU. VOT, 12g. may be (made to fall) in the cases of the three (lower) castes (varza); but a Brahmama shall depart unhurt (from the country). 125. (These are) the organ, the belly, the tongue, the two hands, and fifthly the two feet, the eye, the nose, the two ears, likewise the (whole) body. 126. Let the (king), having fully ascertained the motive, the time and place (of the offence), and having considered the ability (of the criminal to suffer) and the (nature of the) crime, cause punishment to fall on those who deserve it. 127. Unjust punishment destroys reputation among men, and fame (after death), and causes even in the next world the loss of heaven; let him, therefore, beware of (inflicting) it. 128. A king who punishes those who do not deserve it, and punishes not those who deserve it, brings great infamy on himself and (after death) sinks into hell. 129. Let him punish first by (gentle) admonition, afterwards by (harsh) reproof, thirdly by a fine, after that by corporal chastisement. 130. But when he cannot restrain such (offenders) even by corporal punishment, then let him apply to them even all the four (modes conjointly). 131. Those technical names of (certain quantities of) copper, silver, and gold, which are generally used
3130. But when he cannot restrain such (offenders) even by corporal punishment, then let him apply to them even all the four (modes conjointly). 131. Those technical names of (certain quantities of) copper, silver, and gold, which are generally used 126. Gaut. XII, 51; Yagf. I, 367. Anubandham, ‘the motive,’ includes according to Gov. and Kull. also ‘the frequency of the offence.’ " Nar. gives the latter meaning alone. Nand. reads aparadham, ‘the offence.’ Instead of sfraparadhau Nand. reads sirasdram, ‘the strength or weakness (of the offender).’ 127-128. YAph. I, 356;-Vi. XIX, 43. - 129-130. Yagi. I, 366. 131-138. Vi. IV, 1-14; Yagi. I, 361-365. VIIT, 139. CIVIL AND CRIMINAL LAW; PROCEDURE. 277 on earth for the purpose of business transactions among men, I will fully declare. 132. The very small mote which is seen when the sun shines through a lattice, they declare (to be) the least of (all) quantities and (to be called) a trasaremu (a floating particle of dust). 133. Know (that) eight trasarezus (are equal) in bulk (to) a liksh4 (the egg of a louse), three of those to one grain of black mustard (ragasarshapa), and three of the latter to a white mustard-seed. 134. Six grains of white mustard are one middlesized barley-corn, and three barley-corns one kvzshvala (raktik4é, or guéga-berry); five kvzshzalas are one masha (bean), and sixteen of those one suvaraa, 135. Four suvarzas are one pala, and ten palas one dharaza; two krzshzalas (of silver), weighed together, must be considered one mashaka of silver. 136. Sixteen of those make a silver dharava, or puradvza; but know (that) a karsha of copper is a karshapaza, or pazea. 137. Know (that) ten dharawas of silver make one satamana ; four suvarzas must be considered (equal) in weight to a nishka. 138. Two hundred and fifty pazas are declared (to be) the first (or lowest) amercement, five (hundred) are considered as the mean (or middlemost), but one thousand as the highest. 139. A debt being admitted as due, (the defendant) 134. The krishaala or raktik4 (ratti) is still used by jewellers and goldsmiths. It corresponds to 0.122 grammes, or 1.875 grains. 136. A karsha=16 mashas=8o kreshaalas. 139. Vi. VI, 20-21; YAgii. II, 42. According to Nar. ‘some’ only have this verse. 278 LAWS OF MANU. VIII, 140. shall pay five in the hundred (as a fine), if it be denied (and proved) twice as much; that is the teaching of Manu. 140. A money-lender may stipulate as an increase of his capital, for the interest, allowed by Vasish¢fa, and take monthly the eightieth part of a hundred, 141. Or, remembering the duty of good men, he may take two in the hundred (by the month), for he who takes two in the hundred becomes not a sinner for gain. 142. Just two in the hundred, three, four, and five (and not more), he may take as monthly interest according to the order of the castes (varma).
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.
No commentary for this page.