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Romanised transliteration as printed by the translator, not the original script. This is what we hold.
1222. Thy ancestors are in suspense, when thou hast been appointed to give evidence (reflecting in their minds): ‘Will he conduct us (into heaven) or will he precipitate us (into hell)?’ 223. Truth is the self of man. Everything depends on truth. Therefore thou must be intent on acquiring bliss by thy own effort, by speaking truth. 224. Whatever lies between that night in which thou wast born, and that night in which thou art to die (thy whole life in fact) has been spent in vain by thee, if thou givest false evidence. 225. Those places of abode which are destined I, 229. EXHORTING THE WITNESSES. 95 for the murderer of a Brahman, and those which await the murderer of a woman or child, and the regions awaiting an ungrateful man, are reserved for a false witness. 226, There is no higher virtue than veracity, nor heavier crime than falsehood. A man must speak truth therefore, particularly when he has been appointed to give evidence. * 227. There are two ancient verses (which run as follows): ‘Ifa man is base enough to speak falsely in regard to the affairs of a stranger, what may not such a wretch be expected to do, fearless of hell, where his own welfare is concerned ? * 228. All affairs are connected with speech, have speech for their root, and depend on speech. He who steals a good speech (by violating truth) is capable of committing any theft (or other crime).’ 16. Valid Evidence. 229. Where there is conflicting evidence, the plurality of witnesses decides the matter. If the number of witnesses is equal (on both sides), the testimony of those must be accepted as correct, 228. ‘ Theft’ is a very wide term under the Hindu law. The Code of Manu includes in the denomination of theft, forgery of documents and of coins, unlawful sales, and dishonesty generally. For hitém one might read hi t4m,‘ For he who steals speech.’ Manu IV, 256. 229. Manu VIII, 73; YAgravalkya II, 78; Vishzu VIII, 39. 229, 230. Where witnesses endowed with a good memory are found on both sides in equal numbers, evidence based on recollection is incapable of influencing the decision of the suit. The witnesses must not be examined, and the above rule comes into force, that the witnesses become incompetent, because they do not agree with one another. A. See par. 161. 96 NARADA. I, 230. whose veracity is not liable to suspicion. If the number of such witnesses is equal (on both sides) (the testimony of these must be accepted), who are possessed of a superior memory.. 17. Invalid Evidence. 230. Where, however, an equal number of witnesses possessed of a good memory is found on both sides, the evidence of the witnesses is entirely valueless, on account of the subtle nature of the law of evidence. 231. But wherever a litigant has been abandoned by his own witnesses through the act of fate, the sages have declared that he cannot be absolved by (the performance of) an ordeal even.
2231. But wherever a litigant has been abandoned by his own witnesses through the act of fate, the sages have declared that he cannot be absolved by (the performance of) an ordeal even. * 232. Where, the time for giving testimony having arrived, a witness does not make a consistent statement with reference to the questions under notice, his testimony is as good as ungiven. * 233. If the witnesses were to disagree with one another as to place, time, age, matter, quantity, shape, and species, such testimony is worthless likewise. * 234. If the witnesses wrongly name too low or too high a sum, this too must be known to make no evidence. This is the rule of witnesses. 18. What has to be done in default of both Witnesses and Documents. * 235. When, owing to the negligence of the creditor, both a written contract and witnesses are missing, and the opponent’ denies his obligation, three different methods may be adopted. I, 239. INVALID EVIDENCE; OATHS. 97 * 236. A timely reminder, argument, and, thirdly, an oath, these are the measures which a plaintiff should adopt against his adversary. - * 237. He who does not refute his (adversary’s) statements, though he has been reminded again and again, three, or four, or five times, may be compelled to pay the debt in consequence. * 238. If the defendant has rejected a demand (to pay), he shall aggress him with arguments relative to place, time, matter, the connexions (existing between the two parties), the amount (of the debt), the contents (of the written contract), and so forth. * 239. If arguments also are of no avail, let him cause the defendant to undergo one of the ordeals, by fire, water, proof of virtue, and so forth, (which may seem) appropriate to the place, to the season, and to the strength (of the defendant). 236. ‘A timely reminder,’ timely appeals to the debtor and to the witnesses who have attested the loan. ‘Argument,’ arguing that the sum in dispute has been previously repaid, or the obligation acknowledged by the debtor. Thirdly, he may attack the defendant with an oath or ordeal, such as e.g. by causing him to swear by his own good actions, or to undergo the ordeal of sacred libation. &c. A. The term ‘a reminder’ is not correctly explained by Asah4ya, as the rule under notice refers to those cases where witnesses are missing. 237. If a debtor has again and again been addressed by his creditor, saying, ‘Thou owest me money,’ and the debtor does not deny the correctness of the assertion, he shall be bound to pay the debt. Raghunandana’s Vyavahératattva. 238. Asahdya says that the various arguments mentioned in this verse shall be resorted to successively, arguments relative to time having to be proffered when arguments relative to place have failed, and so on. 239. The term sapatha denotes both an ordeal and an oath in this place, though some of the commentators deny that sapatha may have the former meaning. [33] H 98 NARADA, T, 240.
3239. The term sapatha denotes both an ordeal and an oath in this place, though some of the commentators deny that sapatha may have the former meaning. [33] H 98 NARADA, T, 240. 240. He whom the waters keep below the surface, and whom blazing fire does not burn, is considered to refute the charge. In the opposite case he is deemed guilty. *241. Proof by ordeal takes place (if an offence has been committed) in a solitary forest, at night, in the interior of a house, and in the case of a heinous offence, or denial of a deposit. * 242. (Ordeals) are equally (applicable) in the case of those women, whose morality has been impeached, in cases of theft and robbery, and in all cases of denial of an obligation. * 243. Of the gods and Azshis even, the taking of oaths is recorded. Vasish¢#a took an oath when he was accused of having assumed the shape of an evil spirit. 240. If a man who is performing the ordeal by water does not rise from water, and if blazing fire, which he is holding in his hand, does not burn him, he is freed from the charge, otherwise he is deemed guilty, i.e. criminal. A. Manu VIII, 115. It does not become quite clear whether the divine tests referred to in this paragraph are identical with the ordeals by water and fire as described further on. See the translations of Manu, and Professor Stenzler’s and Dr. E. Schlagintweit's papers on Ordeals in Ancient India. 242. Where the conduct of a woman, i.e. her morals, is called into doubt ; where theft or robbery is alleged to have been committed; and where anything has been declared false, for all heavy charges in short, this rule regarding the performance of ordeals has been laid down. A. 243, 244. Manu VIII, rro. 243. The great sage Vasish/Aa, being suspected of being an evil spirit, took an oath, and was cleared of suspicion thus. A. The story, to which allusion is made in this place, is told by the commentators of the code of Manu. Visvamitra accused his rival Vasishtha before King Sudds as having eaten up his hundred sons, in the shape of a Rakshasa (malignant spirit). Vasish/Za thereupon exclaimed, ‘I will fall dead on the spot if I am a Rakshasa.’ I, 246. OATHS AND ORDEALS. 99 *244. The seven Aishis resolutely took an oath together with Indra in order to clear themselves mutually of suspicion, when each was suspected (by the rest) of having taken lotus fibres. 245. The perpetrator of a wrong action, or of a crime, shall be let off with one half of the punishment due to his offence, if he admits the charge or if he makes his guilt known of his own accord. 246. If, on the other hand, a criminal has cunningly concealed his crime, and is convicted of it, the members of the court of justice will not be satisfied with his conduct, and the punishment inflicted on him shall be specially heavy.
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.
1222. Thy ancestors are in suspense, when thou hast been appointed to give evidence (reflecting in their minds): ‘Will he conduct us (into heaven) or will he precipitate us (into hell)?’ 223. Truth is the self of man. Everything depends on truth. Therefore thou must be intent on acquiring bliss by thy own effort, by speaking truth. 224. Whatever lies between that night in which thou wast born, and that night in which thou art to die (thy whole life in fact) has been spent in vain by thee, if thou givest false evidence. 225. Those places of abode which are destined I, 229. EXHORTING THE WITNESSES. 95 for the murderer of a Brahman, and those which await the murderer of a woman or child, and the regions awaiting an ungrateful man, are reserved for a false witness. 226, There is no higher virtue than veracity, nor heavier crime than falsehood. A man must speak truth therefore, particularly when he has been appointed to give evidence. * 227. There are two ancient verses (which run as follows): ‘Ifa man is base enough to speak falsely in regard to the affairs of a stranger, what may not such a wretch be expected to do, fearless of hell, where his own welfare is concerned ? * 228. All affairs are connected with speech, have speech for their root, and depend on speech. He who steals a good speech (by violating truth) is capable of committing any theft (or other crime).’ 16. Valid Evidence. 229. Where there is conflicting evidence, the plurality of witnesses decides the matter. If the number of witnesses is equal (on both sides), the testimony of those must be accepted as correct, 228. ‘ Theft’ is a very wide term under the Hindu law. The Code of Manu includes in the denomination of theft, forgery of documents and of coins, unlawful sales, and dishonesty generally. For hitém one might read hi t4m,‘ For he who steals speech.’ Manu IV, 256. 229. Manu VIII, 73; YAgravalkya II, 78; Vishzu VIII, 39. 229, 230. Where witnesses endowed with a good memory are found on both sides in equal numbers, evidence based on recollection is incapable of influencing the decision of the suit. The witnesses must not be examined, and the above rule comes into force, that the witnesses become incompetent, because they do not agree with one another. A. See par. 161. 96 NARADA. I, 230. whose veracity is not liable to suspicion. If the number of such witnesses is equal (on both sides) (the testimony of these must be accepted), who are possessed of a superior memory.. 17. Invalid Evidence. 230. Where, however, an equal number of witnesses possessed of a good memory is found on both sides, the evidence of the witnesses is entirely valueless, on account of the subtle nature of the law of evidence. 231. But wherever a litigant has been abandoned by his own witnesses through the act of fate, the sages have declared that he cannot be absolved by (the performance of) an ordeal even.
2231. But wherever a litigant has been abandoned by his own witnesses through the act of fate, the sages have declared that he cannot be absolved by (the performance of) an ordeal even. * 232. Where, the time for giving testimony having arrived, a witness does not make a consistent statement with reference to the questions under notice, his testimony is as good as ungiven. * 233. If the witnesses were to disagree with one another as to place, time, age, matter, quantity, shape, and species, such testimony is worthless likewise. * 234. If the witnesses wrongly name too low or too high a sum, this too must be known to make no evidence. This is the rule of witnesses. 18. What has to be done in default of both Witnesses and Documents. * 235. When, owing to the negligence of the creditor, both a written contract and witnesses are missing, and the opponent’ denies his obligation, three different methods may be adopted. I, 239. INVALID EVIDENCE; OATHS. 97 * 236. A timely reminder, argument, and, thirdly, an oath, these are the measures which a plaintiff should adopt against his adversary. - * 237. He who does not refute his (adversary’s) statements, though he has been reminded again and again, three, or four, or five times, may be compelled to pay the debt in consequence. * 238. If the defendant has rejected a demand (to pay), he shall aggress him with arguments relative to place, time, matter, the connexions (existing between the two parties), the amount (of the debt), the contents (of the written contract), and so forth. * 239. If arguments also are of no avail, let him cause the defendant to undergo one of the ordeals, by fire, water, proof of virtue, and so forth, (which may seem) appropriate to the place, to the season, and to the strength (of the defendant). 236. ‘A timely reminder,’ timely appeals to the debtor and to the witnesses who have attested the loan. ‘Argument,’ arguing that the sum in dispute has been previously repaid, or the obligation acknowledged by the debtor. Thirdly, he may attack the defendant with an oath or ordeal, such as e.g. by causing him to swear by his own good actions, or to undergo the ordeal of sacred libation. &c. A. The term ‘a reminder’ is not correctly explained by Asah4ya, as the rule under notice refers to those cases where witnesses are missing. 237. If a debtor has again and again been addressed by his creditor, saying, ‘Thou owest me money,’ and the debtor does not deny the correctness of the assertion, he shall be bound to pay the debt. Raghunandana’s Vyavahératattva. 238. Asahdya says that the various arguments mentioned in this verse shall be resorted to successively, arguments relative to time having to be proffered when arguments relative to place have failed, and so on. 239. The term sapatha denotes both an ordeal and an oath in this place, though some of the commentators deny that sapatha may have the former meaning. [33] H 98 NARADA, T, 240.
3239. The term sapatha denotes both an ordeal and an oath in this place, though some of the commentators deny that sapatha may have the former meaning. [33] H 98 NARADA, T, 240. 240. He whom the waters keep below the surface, and whom blazing fire does not burn, is considered to refute the charge. In the opposite case he is deemed guilty. *241. Proof by ordeal takes place (if an offence has been committed) in a solitary forest, at night, in the interior of a house, and in the case of a heinous offence, or denial of a deposit. * 242. (Ordeals) are equally (applicable) in the case of those women, whose morality has been impeached, in cases of theft and robbery, and in all cases of denial of an obligation. * 243. Of the gods and Azshis even, the taking of oaths is recorded. Vasish¢#a took an oath when he was accused of having assumed the shape of an evil spirit. 240. If a man who is performing the ordeal by water does not rise from water, and if blazing fire, which he is holding in his hand, does not burn him, he is freed from the charge, otherwise he is deemed guilty, i.e. criminal. A. Manu VIII, 115. It does not become quite clear whether the divine tests referred to in this paragraph are identical with the ordeals by water and fire as described further on. See the translations of Manu, and Professor Stenzler’s and Dr. E. Schlagintweit's papers on Ordeals in Ancient India. 242. Where the conduct of a woman, i.e. her morals, is called into doubt ; where theft or robbery is alleged to have been committed; and where anything has been declared false, for all heavy charges in short, this rule regarding the performance of ordeals has been laid down. A. 243, 244. Manu VIII, rro. 243. The great sage Vasish/Aa, being suspected of being an evil spirit, took an oath, and was cleared of suspicion thus. A. The story, to which allusion is made in this place, is told by the commentators of the code of Manu. Visvamitra accused his rival Vasishtha before King Sudds as having eaten up his hundred sons, in the shape of a Rakshasa (malignant spirit). Vasish/Za thereupon exclaimed, ‘I will fall dead on the spot if I am a Rakshasa.’ I, 246. OATHS AND ORDEALS. 99 *244. The seven Aishis resolutely took an oath together with Indra in order to clear themselves mutually of suspicion, when each was suspected (by the rest) of having taken lotus fibres. 245. The perpetrator of a wrong action, or of a crime, shall be let off with one half of the punishment due to his offence, if he admits the charge or if he makes his guilt known of his own accord. 246. If, on the other hand, a criminal has cunningly concealed his crime, and is convicted of it, the members of the court of justice will not be satisfied with his conduct, and the punishment inflicted on him shall be specially heavy.
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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