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Romanised transliteration as printed by the translator, not the original script. This is what we hold.
1Google This is a digital copy of a book that was preserved for generations on library shelves before it was carefully scanned by Google as part of a project to make the world’s books discoverable online. It has survived long enough for the copyright to expire and the book to enter the public domain. A public domain book is one that was never subject to copyright or whose legal copyright term has expired. Whether a book is in the public domain may vary country to country. Public domain books are our gateways to the past, representing a wealth of history, culture and knowledge that’s often difficult to discover. Marks, notations and other marginalia present in the original volume will appear in this file - a reminder of this book’s long journey from the publisher to a library and finally to you. Usage guidelines Google is proud to partner with libraries to digitize public domain materials and make them widely accessible. Public domain books belong to the public and we are merely their custodians. Nevertheless, this work is expensive, so in order to keep providing this resource, we have taken steps to prevent abuse by commercial parties, including placing technical restrictions on automated querying. We also ask that you: + Make non-commercial use of the files We designed Google Book Search for use by individuals, and we request that you use these files for personal, non-commercial purposes. + Refrain from automated querying Do not send automated queries of any sort to Google’s system: If you are conducting research on machine translation, optical character recognition or other areas where access to a large amount of text is helpful, please contact us. We encourage the use of public domain materials for these purposes and may be able to help. + Maintain attribution The Google “watermark” you see on each file is essential for informing people about this project and helping them find additional materials through Google Book Search. Please do not remove it. + Keep it legal Whatever your use, remember that you are responsible for ensuring that what you are doing is legal. Do not assume that just because we believe a book is in the public domain for users in the United States, that the work is also in the public domain for users in other countries. Whether a book is still in copyright varies from country to country, and we can’t offer guidance on whether any specific use of any specific book is allowed. Please do not assume that a book’s appearance in Google Book Search means it can be used in any manner anywhere in the world. Copyright infringement liability can be quite severe. About Google Book Search Google’s mission is to organize the world’s information and to make it universally accessible and useful. Google Book Search helps readers discover the world’s books while helping authors and publishers reach new audiences. You can search through the full text of this book on the web at http: //books.google.com/ ANOLON B 3 Oel 333
2Google Book Search helps readers discover the world’s books while helping authors and publishers reach new audiences. You can search through the full text of this book on the web at http: //books.google.com/ ANOLON B 3 Oel 333 8 A aS See es x | REESE LIBRARY oF THE UNIVERSITY OF CALIFORNIA. , ® . Digitized by Goog le Digitized by Goog le Digitized by Goog le THE SACRED BOOKS OF THE EAST [33] a Foudon HENRY FROWDE OxFoRD UNIVERSITY PRESS WAREHOUSE AMEN CorNgR, E.C. THE SACRED BOOKS OF THE EAST TRANSLATED BY VARIOUS ORIENTAL SCHOLARS AND EDITED BY F. MAX MULLER VOL. XXXIII Keke Pa UNIVERSITY CALIFORNIA: @rford AT THE CLARENDON PRESS 1889 [AU rights reserved } Digitized by Goog le THE MINOR LAW-BOOKS TRANSLATED BY JULIUS JOLLY PART I NARADA. BR/HASPATI @rford AT THE CLARENDON PRESS 1889 [AL rights reserved) ABS 2/ CONTENTS. IntRopucTION To NAraDa. ABBREVIATIONS . NArapa Tue Autuor’s Prerace IntRopuction. I. Legal Procedure . II. The Plaint III. Courts of Justice First Trttz or Law. The Law of Debt . ~wW ns co=sar an 19. 20, 21. . Payment of a Debt . Valid and Invalid Transactions . Property Means of Livelihood for a Brahman in n Times of Distress . : : . . . . Modes of Proof . . . Lending Money at Interest . . Usurers . . Sureties . Pledges 10. 11. 12. 13. 14. 15. 16, 17. 18. Documents . Witnesses Incompetent Witnesses . . . Six Cases where Witnesses are unnecessary . False Witnesses . Exhorting the Witnesses Valid Evidence Invalid Evidence . What has to be done in default of both Witnesses and Documents . . . Proof by Ordeal . The Ordeal by Balance The Ordeal by Fire PAGE xi xxiii 24 36 41 41 49 52 55 58 65 y fe) 72 75 79 82 85 86 gt 95 96 96 100 102 108 viii CONTENTS. 22. The Ordeal by Water . 23. The Ordeal by Poison . 24. The Ordeal by Sacred Libation 25. The Rice Ordeal. 26. The Ordeal of the Hot Piece of Gold Seconp TitLE or Law. Deposits . Tuirp Tittz or Law. Partnership . Fourtu Titre or Law. Resumption of Gift . Firrn Tittz or Law. Breach of a Contract of Service Sixtu Tittz or Law. Non-payment of Wages . SeventH Titce or Law. Sales Effected *y Another than the Rightful Owner EicutH Titte oF Law. Non-delivery of a Sold Chattel Nintu Titre or Law. Rescission of Purchase -. TENTH TiTLE oF Law. Transgression of a Compact ExLeventH TiTLe oF Law. Boundary Disputes TwetrtH TITLE of Law. The Mutual Duties of Husband and Wife . . . . . . . THIRTEENTH TITLE oF Law. The Law of Inheritance Fourteentn Tite or Law. Heinous Offences FIFTEENTH AND SIXTEENTH TITLES oF Law. Abuse and Assault . SEVENTEENTH TITLE oF Law. Games EIGHTEENTH TITLE or Law. Miscellaneous Aprenpix. 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
3Theft 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 . 393 Digitized by Google INTRODUCTION TO NARADA. THE N§érada-smviti or N&radiya 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.
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.
1Google This is a digital copy of a book that was preserved for generations on library shelves before it was carefully scanned by Google as part of a project to make the world’s books discoverable online. It has survived long enough for the copyright to expire and the book to enter the public domain. A public domain book is one that was never subject to copyright or whose legal copyright term has expired. Whether a book is in the public domain may vary country to country. Public domain books are our gateways to the past, representing a wealth of history, culture and knowledge that’s often difficult to discover. Marks, notations and other marginalia present in the original volume will appear in this file - a reminder of this book’s long journey from the publisher to a library and finally to you. Usage guidelines Google is proud to partner with libraries to digitize public domain materials and make them widely accessible. Public domain books belong to the public and we are merely their custodians. Nevertheless, this work is expensive, so in order to keep providing this resource, we have taken steps to prevent abuse by commercial parties, including placing technical restrictions on automated querying. We also ask that you: + Make non-commercial use of the files We designed Google Book Search for use by individuals, and we request that you use these files for personal, non-commercial purposes. + Refrain from automated querying Do not send automated queries of any sort to Google’s system: If you are conducting research on machine translation, optical character recognition or other areas where access to a large amount of text is helpful, please contact us. We encourage the use of public domain materials for these purposes and may be able to help. + Maintain attribution The Google “watermark” you see on each file is essential for informing people about this project and helping them find additional materials through Google Book Search. Please do not remove it. + Keep it legal Whatever your use, remember that you are responsible for ensuring that what you are doing is legal. Do not assume that just because we believe a book is in the public domain for users in the United States, that the work is also in the public domain for users in other countries. Whether a book is still in copyright varies from country to country, and we can’t offer guidance on whether any specific use of any specific book is allowed. Please do not assume that a book’s appearance in Google Book Search means it can be used in any manner anywhere in the world. Copyright infringement liability can be quite severe. About Google Book Search Google’s mission is to organize the world’s information and to make it universally accessible and useful. Google Book Search helps readers discover the world’s books while helping authors and publishers reach new audiences. You can search through the full text of this book on the web at http: //books.google.com/ ANOLON B 3 Oel 333
2Google Book Search helps readers discover the world’s books while helping authors and publishers reach new audiences. You can search through the full text of this book on the web at http: //books.google.com/ ANOLON B 3 Oel 333 8 A aS See es x | REESE LIBRARY oF THE UNIVERSITY OF CALIFORNIA. , ® . Digitized by Goog le Digitized by Goog le Digitized by Goog le THE SACRED BOOKS OF THE EAST [33] a Foudon HENRY FROWDE OxFoRD UNIVERSITY PRESS WAREHOUSE AMEN CorNgR, E.C. THE SACRED BOOKS OF THE EAST TRANSLATED BY VARIOUS ORIENTAL SCHOLARS AND EDITED BY F. MAX MULLER VOL. XXXIII Keke Pa UNIVERSITY CALIFORNIA: @rford AT THE CLARENDON PRESS 1889 [AU rights reserved } Digitized by Goog le THE MINOR LAW-BOOKS TRANSLATED BY JULIUS JOLLY PART I NARADA. BR/HASPATI @rford AT THE CLARENDON PRESS 1889 [AL rights reserved) ABS 2/ CONTENTS. IntRopucTION To NAraDa. ABBREVIATIONS . NArapa Tue Autuor’s Prerace IntRopuction. I. Legal Procedure . II. The Plaint III. Courts of Justice First Trttz or Law. The Law of Debt . ~wW ns co=sar an 19. 20, 21. . Payment of a Debt . Valid and Invalid Transactions . Property Means of Livelihood for a Brahman in n Times of Distress . : : . . . . Modes of Proof . . . Lending Money at Interest . . Usurers . . Sureties . Pledges 10. 11. 12. 13. 14. 15. 16, 17. 18. Documents . Witnesses Incompetent Witnesses . . . Six Cases where Witnesses are unnecessary . False Witnesses . Exhorting the Witnesses Valid Evidence Invalid Evidence . What has to be done in default of both Witnesses and Documents . . . Proof by Ordeal . The Ordeal by Balance The Ordeal by Fire PAGE xi xxiii 24 36 41 41 49 52 55 58 65 y fe) 72 75 79 82 85 86 gt 95 96 96 100 102 108 viii CONTENTS. 22. The Ordeal by Water . 23. The Ordeal by Poison . 24. The Ordeal by Sacred Libation 25. The Rice Ordeal. 26. The Ordeal of the Hot Piece of Gold Seconp TitLE or Law. Deposits . Tuirp Tittz or Law. Partnership . Fourtu Titre or Law. Resumption of Gift . Firrn Tittz or Law. Breach of a Contract of Service Sixtu Tittz or Law. Non-payment of Wages . SeventH Titce or Law. Sales Effected *y Another than the Rightful Owner EicutH Titte oF Law. Non-delivery of a Sold Chattel Nintu Titre or Law. Rescission of Purchase -. TENTH TiTLE oF Law. Transgression of a Compact ExLeventH TiTLe oF Law. Boundary Disputes TwetrtH TITLE of Law. The Mutual Duties of Husband and Wife . . . . . . . THIRTEENTH TITLE oF Law. The Law of Inheritance Fourteentn Tite or Law. Heinous Offences FIFTEENTH AND SIXTEENTH TITLES oF Law. Abuse and Assault . SEVENTEENTH TITLE oF Law. Games EIGHTEENTH TITLE or Law. Miscellaneous Aprenpix. 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
3Theft 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 . 393 Digitized by Google INTRODUCTION TO NARADA. THE N§érada-smviti or N&radiya 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.
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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