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Romanised transliteration as printed by the translator, not the original script. This is what we hold.
1246. 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. 244. The story here referred to occurs in the Puraizas. The meaning is this: If the great sages even have taken oaths in order to clear themselves from suspicion, how much less should ordinary mortals refrain from taking an oath. A. According to Medhatithi and Govindaraga, the two earliest commentators of Manu, the seven Rishis had mutually accused one another of the theft of lotus fibres. Indra took an oath when he was suspected with Ahalya. 245. One who has committed any wrong or sinful act to the detriment of any one whomsoever, or who has become guilty of robbery or other crimes, shall have to suffer one half only of the punishment ordained for his misconduct, if he acknowledges in a court of law the truth of the charge brought against himself by the injured party. The same rule obtains, if he has denounced himself guilty, though no plaint has been lodged against him. A. 246. If the perpetrator of a wrong act, or of robbery, &c., denies his guilt, on being examined in a court of justice, and is convicted afterwards by means of an ordeal or of another mode of proof, the assessors of the court will be incensed against and a heavy punishment inflicted on him, as e.g. he will have to pay twice as much as in ordinary cases. Here ends that section of the law of debt which consists of ‘Rules for those cases where both documents and witnesses are wanting.’ A. TOO NARADA. _ I, 247. 19. Proof by Ordeal. * 247. If no witness is forthcoming for either of the two litigant parties, he must test them through ordeals and oaths of every sort. * 248. (Let him cause a Brahman to swear by) truth, (a Kshatriya) by his (horse or other) vehicle, and by his weapons, (a Vaisya) by his cows, seeds or gold and so on, (or all) by venerable deities or deified ancestors, by their pious gifts or meritorious deeds. 249. Where a heavy crime has been committed, the ruler shall administer one of the ordeals. In light cases, on the other hand, a virtuous king shall swear a man with (various) oaths. * 250. Thus have these oaths been proclaimed by Manu for trifling cases. Ina suit concerning a heavy crime, divine test should be resorted to. 251. Holy Manu has ordained that five kinds of ordeals should be administered to those involved in a doubtful case (which has become the object of a lawsuit), especially if the matter under dispute is of a recondite nature. * 252. The balance, fire, water, poison, and, fifthly, consecrated water, are the ordeals ordained for the purgation of high-minded persons. 248. In this rule are indicated the various oaths to be administered according to the caste and individual character of the offender. A. Manu VIII, 114.
2* 252. The balance, fire, water, poison, and, fifthly, consecrated water, are the ordeals ordained for the purgation of high-minded persons. 248. In this rule are indicated the various oaths to be administered according to the caste and individual character of the offender. A. Manu VIII, 114. 249, 250. These two verses are intended to indicate the difference in point of applicability between an ordeal and an oath. A. 251. Holy Manu has said that those against whom a charge of an aggravated nature has been brought, shall have to undergo one out of the five ordeals, in order to clear themselves from suspicion, especially when a secret transgression is concerned. A. 252. In this paragraph the author proceeds to enumerate the five ordeals singly. A. YAgviavalkya II, 95; Vishwu IX, 11. I, 257. ORDEALS. . 101 * 253. (Those ordeals) have been ordained here by Na4rada for the purpose of proving the innocence of criminals who are defendants in a lawsuit, (and) in order that right may be discerned from wrong. * 254. During the rains let the (ordeal by) fire be administered. In the autumn season the balance is declared to be (the proper kind of ordeal). The (ordeal by) water should be applied in summer, and the (ordeal by) poison in the cold weather. * 255. The distressed shall not be caused to undergo the (ordeal by) water, nor shall poison be given to the bilious, nor shall the ordeal by fire be administered to persons afflicted with white leprosy, or with blindness, or with bad nails. * 256. An ordeal should never be administered to persons engaged in performing a vow, to those afflicted with a heavy calamity, to the diseased, to _ascetics, or to women, if the dictates of justice are listened to. 257. Where no one declares himself ready to 253. The five ordeals have been proclaimed by the great sage Narada, for the justification of those impeached on account of their suspicious conduct, by showing where the wrong lies and where not. A. 254. The five ordeals should be administered, each of them, at those very seasons, and not at any other season. A. Vishau IX, 25, 28, 30. 255, 256. Vishnu IX, 23, 25, 27, 29. 255. In the case of the persons here mentioned, the ordeals referred to should be avoided, on grounds of disease and of incapacity to undergo them. A. 256. ‘Persons engaged in performing a vow,’ those who have performed the ceremony initiatory to a Soma sacrifice. A. 257. An ordeal should not take place, unless there should be a special reason for it, such as an accusation. Therefore an ordeal must not be administered, unless there be a plaintiff who declares himself ready to take the punishment on himself in case of defeat. 102 NARADA. T, 258. undergo punishment, an ordeal cannot take place. An ordeal shall be administered to litigants where there is reason for it, but not otherwise.
3102 NARADA. T, 258. undergo punishment, an ordeal cannot take place. An ordeal shall be administered to litigants where there is reason for it, but not otherwise. 258. Therefore an intelligent, virtuous, righteous, and wise (king or chief judge) should abstain carefully from administering any one out of the (five) ordeals, unless both parties consent to it. * 259. The ordeal by water must not take place in the cold weather, nor the ordeal by fire in the hot season, nor must the (ordeal by) poison be administered to any one during the rains, nor the (ordeal by) balance in stormy weather. 20. The Ordeal by Balance. * 260. Wise legislators conversant with every law have proclaimed, after mature consideration, the following rules regarding the mode of performing the ordeal by balance, which may be administered in every season. *261. The two posts should be dug in every A. YAgfiavalkya II, 96; VishzulV, 20, 21. The reading na divyam (for na vin?) seems wrong. Or translate, ‘but there is no ordeal for plaintiffs’ ‘ 258. A king or chief-judge, who is endowed with the qualities here mentioned, should administer an ordeal with the full approval of both parties in a cause, but not otherwise. A. 259. The times or seasons here referred to should be avoided in the case of the ordeal by water and of the other ordeals, because they are illegal. A. Vishnu IX, 24, 26, 28, 30. 260-284. Vishvau X; YAgfavalkya II, 100-102. 260. ‘After mature consideration,’ after having duly considered that the ordeals by fire, water, and poison are subject to many interruptions or obstacles arising from time, locality, &c., wise men have devised this ordeal by balance, which may be performed during any season. That is the meaning. A. 261. The apparatus for performing the ordeal by balance, which is described in this and the following paragraphs, consists of the I, 264. ORDEAL BY BALANCE. 103 case to the depth of two Hastas below ground. (The whole of) their length is ordained to amount to six Hastas in extent. * 262. The beam of the balance should be four Hastas in length, and the height of the two posts (above ground) should be the same. The intermediate space between the two posts should measure one and a half Hastas. * 263. The beam of the balance should be made straight, of Khadira or of Tinduka wood, quadrangular and (provided) with three SthAnas and with hooks (by which the strings supporting the scale are suspended) and with other (contrivances). * 264. He should cause it to be made of Khadira wood or Simsapa wood, or in default of such, of
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.
1246. 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. 244. The story here referred to occurs in the Puraizas. The meaning is this: If the great sages even have taken oaths in order to clear themselves from suspicion, how much less should ordinary mortals refrain from taking an oath. A. According to Medhatithi and Govindaraga, the two earliest commentators of Manu, the seven Rishis had mutually accused one another of the theft of lotus fibres. Indra took an oath when he was suspected with Ahalya. 245. One who has committed any wrong or sinful act to the detriment of any one whomsoever, or who has become guilty of robbery or other crimes, shall have to suffer one half only of the punishment ordained for his misconduct, if he acknowledges in a court of law the truth of the charge brought against himself by the injured party. The same rule obtains, if he has denounced himself guilty, though no plaint has been lodged against him. A. 246. If the perpetrator of a wrong act, or of robbery, &c., denies his guilt, on being examined in a court of justice, and is convicted afterwards by means of an ordeal or of another mode of proof, the assessors of the court will be incensed against and a heavy punishment inflicted on him, as e.g. he will have to pay twice as much as in ordinary cases. Here ends that section of the law of debt which consists of ‘Rules for those cases where both documents and witnesses are wanting.’ A. TOO NARADA. _ I, 247. 19. Proof by Ordeal. * 247. If no witness is forthcoming for either of the two litigant parties, he must test them through ordeals and oaths of every sort. * 248. (Let him cause a Brahman to swear by) truth, (a Kshatriya) by his (horse or other) vehicle, and by his weapons, (a Vaisya) by his cows, seeds or gold and so on, (or all) by venerable deities or deified ancestors, by their pious gifts or meritorious deeds. 249. Where a heavy crime has been committed, the ruler shall administer one of the ordeals. In light cases, on the other hand, a virtuous king shall swear a man with (various) oaths. * 250. Thus have these oaths been proclaimed by Manu for trifling cases. Ina suit concerning a heavy crime, divine test should be resorted to. 251. Holy Manu has ordained that five kinds of ordeals should be administered to those involved in a doubtful case (which has become the object of a lawsuit), especially if the matter under dispute is of a recondite nature. * 252. The balance, fire, water, poison, and, fifthly, consecrated water, are the ordeals ordained for the purgation of high-minded persons. 248. In this rule are indicated the various oaths to be administered according to the caste and individual character of the offender. A. Manu VIII, 114.
2* 252. The balance, fire, water, poison, and, fifthly, consecrated water, are the ordeals ordained for the purgation of high-minded persons. 248. In this rule are indicated the various oaths to be administered according to the caste and individual character of the offender. A. Manu VIII, 114. 249, 250. These two verses are intended to indicate the difference in point of applicability between an ordeal and an oath. A. 251. Holy Manu has said that those against whom a charge of an aggravated nature has been brought, shall have to undergo one out of the five ordeals, in order to clear themselves from suspicion, especially when a secret transgression is concerned. A. 252. In this paragraph the author proceeds to enumerate the five ordeals singly. A. YAgviavalkya II, 95; Vishwu IX, 11. I, 257. ORDEALS. . 101 * 253. (Those ordeals) have been ordained here by Na4rada for the purpose of proving the innocence of criminals who are defendants in a lawsuit, (and) in order that right may be discerned from wrong. * 254. During the rains let the (ordeal by) fire be administered. In the autumn season the balance is declared to be (the proper kind of ordeal). The (ordeal by) water should be applied in summer, and the (ordeal by) poison in the cold weather. * 255. The distressed shall not be caused to undergo the (ordeal by) water, nor shall poison be given to the bilious, nor shall the ordeal by fire be administered to persons afflicted with white leprosy, or with blindness, or with bad nails. * 256. An ordeal should never be administered to persons engaged in performing a vow, to those afflicted with a heavy calamity, to the diseased, to _ascetics, or to women, if the dictates of justice are listened to. 257. Where no one declares himself ready to 253. The five ordeals have been proclaimed by the great sage Narada, for the justification of those impeached on account of their suspicious conduct, by showing where the wrong lies and where not. A. 254. The five ordeals should be administered, each of them, at those very seasons, and not at any other season. A. Vishau IX, 25, 28, 30. 255, 256. Vishnu IX, 23, 25, 27, 29. 255. In the case of the persons here mentioned, the ordeals referred to should be avoided, on grounds of disease and of incapacity to undergo them. A. 256. ‘Persons engaged in performing a vow,’ those who have performed the ceremony initiatory to a Soma sacrifice. A. 257. An ordeal should not take place, unless there should be a special reason for it, such as an accusation. Therefore an ordeal must not be administered, unless there be a plaintiff who declares himself ready to take the punishment on himself in case of defeat. 102 NARADA. T, 258. undergo punishment, an ordeal cannot take place. An ordeal shall be administered to litigants where there is reason for it, but not otherwise.
3102 NARADA. T, 258. undergo punishment, an ordeal cannot take place. An ordeal shall be administered to litigants where there is reason for it, but not otherwise. 258. Therefore an intelligent, virtuous, righteous, and wise (king or chief judge) should abstain carefully from administering any one out of the (five) ordeals, unless both parties consent to it. * 259. The ordeal by water must not take place in the cold weather, nor the ordeal by fire in the hot season, nor must the (ordeal by) poison be administered to any one during the rains, nor the (ordeal by) balance in stormy weather. 20. The Ordeal by Balance. * 260. Wise legislators conversant with every law have proclaimed, after mature consideration, the following rules regarding the mode of performing the ordeal by balance, which may be administered in every season. *261. The two posts should be dug in every A. YAgfiavalkya II, 96; VishzulV, 20, 21. The reading na divyam (for na vin?) seems wrong. Or translate, ‘but there is no ordeal for plaintiffs’ ‘ 258. A king or chief-judge, who is endowed with the qualities here mentioned, should administer an ordeal with the full approval of both parties in a cause, but not otherwise. A. 259. The times or seasons here referred to should be avoided in the case of the ordeal by water and of the other ordeals, because they are illegal. A. Vishnu IX, 24, 26, 28, 30. 260-284. Vishvau X; YAgfavalkya II, 100-102. 260. ‘After mature consideration,’ after having duly considered that the ordeals by fire, water, and poison are subject to many interruptions or obstacles arising from time, locality, &c., wise men have devised this ordeal by balance, which may be performed during any season. That is the meaning. A. 261. The apparatus for performing the ordeal by balance, which is described in this and the following paragraphs, consists of the I, 264. ORDEAL BY BALANCE. 103 case to the depth of two Hastas below ground. (The whole of) their length is ordained to amount to six Hastas in extent. * 262. The beam of the balance should be four Hastas in length, and the height of the two posts (above ground) should be the same. The intermediate space between the two posts should measure one and a half Hastas. * 263. The beam of the balance should be made straight, of Khadira or of Tinduka wood, quadrangular and (provided) with three SthAnas and with hooks (by which the strings supporting the scale are suspended) and with other (contrivances). * 264. He should cause it to be made of Khadira wood or Simsapa wood, or in default of such, of
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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