Theft
Quotations From NARADA
I. Judicial Procedure
Il. The Plaint
IlI. The Answer .
IV. Writings and Possession
V. Witnesses
VI. Ordeals
VII. Miscellaneous Laws.
INTRODUCTION TO THE FRAGMENTS oF BR/HASPATI
Brmaspati . . .
I. Constitution of a Court of Justice.
I. General Rules of Procedure
PAGE
I
114
116
118
119
120
124
128
131
139
144
146
149
153
155
164
188
202
207
212
214
223
233
233
235
239
242
244
247
263
271
277
277
282
CONTENTS, 1X
* PAGE
- Ill. The Plaint . 289
- 1V. The Answer 292
- V. The Trial . 294
- VI. The Judgment 297
- VII. The Witnesses 299
- VIII. Documents . 304
- IX. Possession . . . . . 309
X. Ordeals . . 315
- XI. The Law of Debt 319
- XII. Deposits . 332
- XIII. Sale without Ownership 334
- XIV. Concerns of a Partnership 336
- XV. Resumption of Gifts 340
- XVI. Master and Servant 343
- XVII. Violation of Agreements 346
- XVIII. Rescission of Purchase and Sale . 350
- XIX. Boundary Disputes 351
- XX. Defamation . 355
- XXI. Assault . 357
- XXII. Robbery and Violence . 359
- XXIII. Adultery 365
- XXIV. Duties of Man and Wife 367
- XXV. The Law of Inheritance 369
- XXVI. Gambling and Betting . 385
- XXVII. Miscellaneous. 386 ADDENDA . 391
Transliteration of Oriental Alphabets adopted for the
Translations of the Sacred Books of the East .
p. 393
INTRODUCTION
TO
NARADA.
THE N§érada-smviti or Nâradiya Dharmasdstra first attracted attention nearly a century ago by vol the Co Codeot being quoted in the Preface to Sir W. Mann. Jones’s celebrated translation of the Code of Manu: What caused it to be brought before the notice of the learned world, was its bearing on the origin and history of the authoritative law-book of ancient India. The statements extracted by Sir W. Jones from the opening chapter of Ndarada’s law-book require some modification at present, as he was not acquainted with the larger and more authentic of the two versions of Narada’s work, which is now translated. It appears from the present work (pp. 1-4) that Narada, the reputed compiler of the Naradiya Dharmasdstra, refers to four, instead of three, successive versions of the Code of Manu, in 100,000 slokas or 1,080 chapters, in 12,000, 8,000, and 4,000 slokas. The authorship of these four versions is assigned, respectively, to Manu, Narada, Markazdeya, and Sumati, the son of Bhrvzgu, and the N4rada-smriti is described as an abridgment, made by Narada, of the ninth or Vyavahara (legal) chapter of the original Code in 100,000 slokas. The first part of Narada’s abridgment of the ninth chapter of Manu’s Code is designed as a matrika or vyavahéramAtrzk4, ‘summary of proceedings-at-law’ or ‘general rules of procedure.’ Though the mythical nature of the Preface to the Narada- Explanation of SM*rzti is sufficiently apparent, some facts e legend. = which recently have come to light impart a higher degree of probability to the alleged connexion between Manu and Narada, than was formerly allowed by myself. Thus the contents of Narada’s Preface to his Smriti appear xii NARADA.