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Romanised transliteration as printed by the translator, not the original script. This is what we hold.
1How can any one else enjoy it? 6. Why does not this man deliver this chattel to me, which has been promised to me in writing? 7. I have purchased this commodity from him, and paid for it. He does not make the commodity over to me. —Read Agfa. 39. Where the defendant raises groundless objections against the trustworthiness of the depositions of witnesses, he is liable to punishment, like one who shuns the judicial investigation, and loses his suit in consequence. After the witnesses have been cleared from suspicion, their statements have to be examined in order to remove what looks suspicious in them. A. 40. Those who have lost their cause, either through the statements of their own witnesses, or through the decision of the judges, may have their cause tried anew, according to a rule previously laid down. If, however, a man has been convicted by his own conduct, or if the witnesses adduced by him should turn out to have been corrupted by him, the case cannot again be opened. A. 41. 1. One who pleads guilty; 2. one convicted by his own THE JUDGMENT. 35 cast through his own conduct, and one whom the judicial investigation has proved to be in the wrong: (these three) deserve to have their final defeat declared at the hand of the judges. 42. Whenever the (false) assertions have been removed, the judges shall pass a decree. If they pass a judgment, before the false statements have been removed, they will cause evil in the next world and in this. 43. One condemned by the judges shall be punished by the king according to law. The victorious party shall receive a document recording his victory, and couched in appropriate language. 44. This has been formerly declared by the selfexistent Being to be the mouth of a lawsuit. If the mouth of a lawsuit is in order, the whole suit is in order, but not otherwise. conduct, as e.g. by adducing false witnesses or forged documents ; 3. one convicted by the witnesses: those three shall not be punished till they have been condemned by the judges. A. 42. When the time for passing a decree has arrived, the judges shall carefully remove all mere assertions of either party. Should they omit to do so, they would be in danger of condemning an innocent man, and might produce evil in this world by causing loss of money, and in the next world by barring the way to paradise to themselves, as it is the duty of kings to restrain evil-doers and to protect the righteous. A. 43. According to Brzhaspati, the document of victory which has to be given to the victorious party shall contain an accurate record of the plaint, of the answer, and of the judicial investigation. 44. The general rules regarding judicial proceedings, which have been laid down in the preceding section, are declared to be the mouth of a lawsuit, because they are applicable to the trial of every suit. ‘The self-existent Being,’ ie. Brahman. A. 36 NARADA. III. Courts oF Justice.
244. The general rules regarding judicial proceedings, which have been laid down in the preceding section, are declared to be the mouth of a lawsuit, because they are applicable to the trial of every suit. ‘The self-existent Being,’ ie. Brahman. A. 36 NARADA. III. Courts oF Justice. *1, One who has not been authorized must not speak on any account at the trial. But authorized persons must deliver their opinion in an unbiassed spirit. * 2, Whether unauthorized or authorized, one acquainted with the law shall give his opinion. He passes a divine sentence who acts up to the dictates of law. 3. If he delivers a fair opinion, a member of the court will incur neither hatred nor sin. But if he speaks otherwise he at once incurs both. *4. Let the king appoint, as members of a court III, 1. Courts of justice are generally thronged by a large attendance. Some of the persons present are intelligent, others are not, and others are wise in their own estimation only. Such persons, if unrestrained, would disturb the judges by interpreting idle speeches between the legal proceedings, and by quarrelling amongst themselves, Therefore, the first half of this paragraph relates to the punishment ordained for those who speak without authorization. Authorized persons, i.e. the judges who sit on the seat of judgment, shall strive to be just, i.e. they shall deliver a judgment in accordance with justice, and shall not show partiality for either of the parties. A. 2. Where all the assessors of the court pass an unjust sentence, from ignorance of the law, or from interested motives, there a Brahman versed in the sacred law and acquainted with legal proceedings, who happens to be present, shall point out the law to them, and restrain the judges from their sinful course. He shall speak, though he has not been appointed to deliver judgment. Law is called the voice of the deity. A. 3. That is called ‘a fair opinion’ which is not contrary to written law and to custom. <A judge who delivers a sentence of this kind incurs neither enmity nor sin, i.e. he does not become unhappy either in this world or in the next. A. 4. As young bulls are able to carry a heavy burden, even so COURTS OF LAW. 37 of justice, honourable men, of tried integrity, who are able to bear, like good bulls, the burden of the administration of justice. * 5. The members of a royal court of justice must be acquainted with the sacred law and with rules of prudence, noble, veracious, and impartial towards friend and foe. 6. Justice is said to depend on them, and the king is the fountain head of justice. Therefore the king should try causes properly, attended by good assessors. 7. When lawsuits are decided properly, the members of the court are cleared from guilt. Their purity depends on the justice (of the sentences passed by them). Therefore one must deliver a fair judgment.
3Therefore the king should try causes properly, attended by good assessors. 7. When lawsuits are decided properly, the members of the court are cleared from guilt. Their purity depends on the justice (of the sentences passed by them). Therefore one must deliver a fair judgment. 8. Where justice is slain by injustice, and truth by falsehood, the members of the court, who look on with indifference, are doomed to destruction themselves. competent judges are able to discharge the onerous duties of their responsible office. They must be men of ripe wisdom, acquainted with sacred law and with the ways of the world, and the king must have tested their qualifications. A. Vishu III, 74, &c. 5. The law-books contain many utterances of the sages, which are obscure and difficult to make out. Therefore slow-minded persons, who are unable to understand them, and to refer their contents to each case in hand, must not be appointed. Welldescended persons shall be appointed, because they will avoid partiality from family pride. ‘Veracious’ persons have a natural abhorrence against untruthfulness. A. Y4gviavalkya II, 2. 6. ‘On them,’ i.e. on the judges, whose qualities have been previously described. A. Vishwu III, 72; Manu VIII,1; Y4gfavalkya II, 1, &c. 4. If the king decides lawsuits justly, the assessors obtain their own absolution through the just decision. A. 8. Identical with Manu VIII, 14. 38 _ NARADA. 9. Where justice, having been hit by injustice, enters a court of justice, and the members of the ‘court do not extract the dart from the wound, they are hit by it themselves. 1o, Either the judicial assembly must not be entered at all, or a fair opinion delivered. That man who either stands mute or delivers an opinion contrary to justice is a sinner. 11. Those members of a court who, after having entered it, sit mute and meditative, and do not speak when the occasion arises, are liars all of them. *1t2, One quarter of the iniquity goes to the offender; one quarter goes to the witness; one quarter goes to all the members of the court; one quarter goes to the king. 13. The king is freed from responsibility, the g. Virtue is here compared to one wounded with a weapon, who goes to a physician in order to be cured by him. The judges are compared to physicians who, by means of a careful judicial investigation, deliver justice from the attacks of iniquity. If they do not extract the dart of iniquity, they are killed themselves by the dart of iniquity, which has been spared by them. A. Nearly identical with Manu VIII, 12. to. Either the judicial assembly must not be entered at all, not even a single time, or an opinion conformable to justice must be delivered. A judge who remains silent, or who, when asked to pass a sentence, says what is contrary to justice, is criminal, i.e. a great sinner. A. Nearly identical with Manu VIII, 13.
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.
1How can any one else enjoy it? 6. Why does not this man deliver this chattel to me, which has been promised to me in writing? 7. I have purchased this commodity from him, and paid for it. He does not make the commodity over to me. —Read Agfa. 39. Where the defendant raises groundless objections against the trustworthiness of the depositions of witnesses, he is liable to punishment, like one who shuns the judicial investigation, and loses his suit in consequence. After the witnesses have been cleared from suspicion, their statements have to be examined in order to remove what looks suspicious in them. A. 40. Those who have lost their cause, either through the statements of their own witnesses, or through the decision of the judges, may have their cause tried anew, according to a rule previously laid down. If, however, a man has been convicted by his own conduct, or if the witnesses adduced by him should turn out to have been corrupted by him, the case cannot again be opened. A. 41. 1. One who pleads guilty; 2. one convicted by his own THE JUDGMENT. 35 cast through his own conduct, and one whom the judicial investigation has proved to be in the wrong: (these three) deserve to have their final defeat declared at the hand of the judges. 42. Whenever the (false) assertions have been removed, the judges shall pass a decree. If they pass a judgment, before the false statements have been removed, they will cause evil in the next world and in this. 43. One condemned by the judges shall be punished by the king according to law. The victorious party shall receive a document recording his victory, and couched in appropriate language. 44. This has been formerly declared by the selfexistent Being to be the mouth of a lawsuit. If the mouth of a lawsuit is in order, the whole suit is in order, but not otherwise. conduct, as e.g. by adducing false witnesses or forged documents ; 3. one convicted by the witnesses: those three shall not be punished till they have been condemned by the judges. A. 42. When the time for passing a decree has arrived, the judges shall carefully remove all mere assertions of either party. Should they omit to do so, they would be in danger of condemning an innocent man, and might produce evil in this world by causing loss of money, and in the next world by barring the way to paradise to themselves, as it is the duty of kings to restrain evil-doers and to protect the righteous. A. 43. According to Brzhaspati, the document of victory which has to be given to the victorious party shall contain an accurate record of the plaint, of the answer, and of the judicial investigation. 44. The general rules regarding judicial proceedings, which have been laid down in the preceding section, are declared to be the mouth of a lawsuit, because they are applicable to the trial of every suit. ‘The self-existent Being,’ ie. Brahman. A. 36 NARADA. III. Courts oF Justice.
244. The general rules regarding judicial proceedings, which have been laid down in the preceding section, are declared to be the mouth of a lawsuit, because they are applicable to the trial of every suit. ‘The self-existent Being,’ ie. Brahman. A. 36 NARADA. III. Courts oF Justice. *1, One who has not been authorized must not speak on any account at the trial. But authorized persons must deliver their opinion in an unbiassed spirit. * 2, Whether unauthorized or authorized, one acquainted with the law shall give his opinion. He passes a divine sentence who acts up to the dictates of law. 3. If he delivers a fair opinion, a member of the court will incur neither hatred nor sin. But if he speaks otherwise he at once incurs both. *4. Let the king appoint, as members of a court III, 1. Courts of justice are generally thronged by a large attendance. Some of the persons present are intelligent, others are not, and others are wise in their own estimation only. Such persons, if unrestrained, would disturb the judges by interpreting idle speeches between the legal proceedings, and by quarrelling amongst themselves, Therefore, the first half of this paragraph relates to the punishment ordained for those who speak without authorization. Authorized persons, i.e. the judges who sit on the seat of judgment, shall strive to be just, i.e. they shall deliver a judgment in accordance with justice, and shall not show partiality for either of the parties. A. 2. Where all the assessors of the court pass an unjust sentence, from ignorance of the law, or from interested motives, there a Brahman versed in the sacred law and acquainted with legal proceedings, who happens to be present, shall point out the law to them, and restrain the judges from their sinful course. He shall speak, though he has not been appointed to deliver judgment. Law is called the voice of the deity. A. 3. That is called ‘a fair opinion’ which is not contrary to written law and to custom. <A judge who delivers a sentence of this kind incurs neither enmity nor sin, i.e. he does not become unhappy either in this world or in the next. A. 4. As young bulls are able to carry a heavy burden, even so COURTS OF LAW. 37 of justice, honourable men, of tried integrity, who are able to bear, like good bulls, the burden of the administration of justice. * 5. The members of a royal court of justice must be acquainted with the sacred law and with rules of prudence, noble, veracious, and impartial towards friend and foe. 6. Justice is said to depend on them, and the king is the fountain head of justice. Therefore the king should try causes properly, attended by good assessors. 7. When lawsuits are decided properly, the members of the court are cleared from guilt. Their purity depends on the justice (of the sentences passed by them). Therefore one must deliver a fair judgment.
3Therefore the king should try causes properly, attended by good assessors. 7. When lawsuits are decided properly, the members of the court are cleared from guilt. Their purity depends on the justice (of the sentences passed by them). Therefore one must deliver a fair judgment. 8. Where justice is slain by injustice, and truth by falsehood, the members of the court, who look on with indifference, are doomed to destruction themselves. competent judges are able to discharge the onerous duties of their responsible office. They must be men of ripe wisdom, acquainted with sacred law and with the ways of the world, and the king must have tested their qualifications. A. Vishu III, 74, &c. 5. The law-books contain many utterances of the sages, which are obscure and difficult to make out. Therefore slow-minded persons, who are unable to understand them, and to refer their contents to each case in hand, must not be appointed. Welldescended persons shall be appointed, because they will avoid partiality from family pride. ‘Veracious’ persons have a natural abhorrence against untruthfulness. A. Y4gviavalkya II, 2. 6. ‘On them,’ i.e. on the judges, whose qualities have been previously described. A. Vishwu III, 72; Manu VIII,1; Y4gfavalkya II, 1, &c. 4. If the king decides lawsuits justly, the assessors obtain their own absolution through the just decision. A. 8. Identical with Manu VIII, 14. 38 _ NARADA. 9. Where justice, having been hit by injustice, enters a court of justice, and the members of the ‘court do not extract the dart from the wound, they are hit by it themselves. 1o, Either the judicial assembly must not be entered at all, or a fair opinion delivered. That man who either stands mute or delivers an opinion contrary to justice is a sinner. 11. Those members of a court who, after having entered it, sit mute and meditative, and do not speak when the occasion arises, are liars all of them. *1t2, One quarter of the iniquity goes to the offender; one quarter goes to the witness; one quarter goes to all the members of the court; one quarter goes to the king. 13. The king is freed from responsibility, the g. Virtue is here compared to one wounded with a weapon, who goes to a physician in order to be cured by him. The judges are compared to physicians who, by means of a careful judicial investigation, deliver justice from the attacks of iniquity. If they do not extract the dart of iniquity, they are killed themselves by the dart of iniquity, which has been spared by them. A. Nearly identical with Manu VIII, 12. to. Either the judicial assembly must not be entered at all, not even a single time, or an opinion conformable to justice must be delivered. A judge who remains silent, or who, when asked to pass a sentence, says what is contrary to justice, is criminal, i.e. a great sinner. A. Nearly identical with Manu VIII, 13.
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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