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Romanised transliteration as printed by the translator, not the original script. This is what we hold.
1Viramitrodaya, p. 499. 8,9. The ambiguous term vadha in these two paragraphs is 204 NARADA, XIV, 10. *ro, Shaving his head, banishing him from the town, branding him on the forehead with a mark of the crime of which he has been convicted, and parading him on an ass, shall be his punishment. *11. Those who have committed Sdhasa of either of the two first degrees are allowed to mix in society, after having been punished, but if a man has committed Sahasa of the highest degree, no one is allowed to speak to him, even when he has received punishment. *12. Theft is a special kind of it. The difference between (Sdhasa and theft) is as follows. SAhasa is where the criminal act consists of a forcible attack, theft is where it is done by fraud. *13. That (theft) is again declared to be threefold by the wise, according to the (value of the) articles (purloined), whether articles of small, middling, or superior value have been stolen. *14. Earthenware, a seat, a couch, bone, wood, leather, grass, and the like, legume, grain, and prepared food, these are termed articles of small value. *15. Clothes made of other material than silk, cattle other than cows, and metals other than gold, are (termed) articles of middling value, and so are rice and barley. explained as denoting corporal punishment, and not execution, by the commentators. 9, 10, Gautama XII, 46, 47; Vishvu V, 2-8; Y4gviavalkya II, 270; Manu VIII, 124, 379-380. 12. ‘A criminal act’ (4dhif), i.e. injuring another man’s property; ‘through a forcible attack,’ i.e. violently, is called theft equivalent to Saéhasa; a criminal act done ‘by fraud’ is called ordinary theft. Viramitrodaya, p. 490. Manu VIII, 3332. 13. Yagviavalkya II, 275. _ 14. Manu VIII, 326-329. XIV, 22. HEINOUS OFFENCES. 205 *16. Gold, precious stones, silk, women, men, cows, elephants, horses, and what belongs to a god, a Brahman, or a king, these are regarded as articles of superior value. 17. Taking away by any means whatsoever the property of persons asleep, or disordered in their intellect, or intoxicated, is declared to be theft by the wise. 18. Where stolen goods are found with a man, he may be presumed to be the thief. (The possession of) stolen goods may be inferred from a luxurious mode of life. Suspicion arises where a man is seen in bad company or indulges in extravagance. *19. Those who give food or shelter to thieves seeking refuge with them, or who suffer them (to escape) though able (to arrest them), partake of their crime themselves. * 20. Those who do not come to offer assistance, when people are crying out (for help) within their hearing, or when property is being taken away, are likewise accomplices in the crime. * 21, That series of punishments, which has been ordained by the wise for the three kinds of Sahasa, is equally applicable to theft, according as it concerns one of the three species of articles in their order. 22. When cows or other (animals) have been lost,
2* 21, That series of punishments, which has been ordained by the wise for the three kinds of Sahasa, is equally applicable to theft, according as it concerns one of the three species of articles in their order. 22. When cows or other (animals) have been lost, 16. See the Indian law of prescription, where the property of Brahmans and kings is declared to be exempt from the ordinary rules regarding limitation. Manu VIII, 323. 18. Yagmavalkya II, 266. 19. Those who give food or any other assistance to a thief, or who suffer a thief to escape though able to seize him, have to be punished like thieves. Vivddagintémani, p. 93. Manu IX, 278; YAgnavalkya II, 276. ao. Manu IX, 275. This text is omitted in the Nepalese MS. 206 NARADA. XIV, 23. or when (other) property has been taken away forcibly, experienced men shall trace it from the place where it has been taken. 23. Wherever the footmarks go to, whether it be a village, pasture ground or deserted spot (the inhabitants or owners of) that place must make good the loss, unless they can prove the footmarks to go out of that place again. 24. When the footmarks are obscured or interrupted, because (they lead to) broken ground or to a spot much frequented by other people, the nearest village or pasture ground shall be made responsible. 25. Where two persons have gone the same road, the offence, as a rule, shall be imputed to him who stood charged with other crimes before, or who associates with suspicious characters. 26. Kandalas, executioners, and other such persons, as well as those who are in the habit of roaming at night, shall institute a search (after the thieves) in the villages; those living outside (of inhabited places) shall search (for them) outside. 27. When the thieves are not caught, the king must make good (the loss) from his own treasury. By showing himself remiss (towards criminals), he would incur sin and would offend both against justice and his own interest. 23. Yagiavalkya II, 2471. 24. Yagavalkya II, 272. 26. Manu IX, 267. XV, XVI, 4. HEINOUS OFFENCES; ABUSE. 207 FIFTEENTH AND SIXTEENTH TITLES OF LAW. ABUSE AND ASSAULT. *1, Abusive speeches, couched in offensive and violent terms, regarding the native country, caste, family, and so forth (of a man), are termed Abuse, (a title of law.) *2. It is divided into three species, called respectively Nish¢dura, Asltla,and Tivra. The punishment for each increases in severity according as the insult is of a more (or less) serious nature. * 3. Abuse combined with reproaches has to be regarded as Nish¢hura; abuse couched in insulting language is Aslila; charging one with an offence causing expulsion from caste is called Tivra by the learned. *4. Hurting the limbs of another person with a hand, foot, weapon or otherwise, or defiling him
3Abuse combined with reproaches has to be regarded as Nish¢hura; abuse couched in insulting language is Aslila; charging one with an offence causing expulsion from caste is called Tivra by the learned. *4. Hurting the limbs of another person with a hand, foot, weapon or otherwise, or defiling him XV, XVI,1. Thus, e.g. when a man says, ‘ The Gaudas (Bengalis) are quarrelsome,’ he abuses another man’s native country. When a man says, ‘ Brahmans are very avaricious,’ he abuses another man’s caste. When he says,‘ The Visvamitras are a ferocious race,’ he abuses another man’s family. The clause ‘and so forth’ is added, in order to include abusive speeches levelled against learned men, artizans, or the like persons, whose learning or art has been abused. ‘ Violent terms,’ i.e. terms which ought never to be used. Mitaékshar&, p. 285; Viramitrodaya, p. 482. 3. ‘Abuse combined with reproaches’ is when e.g. a man says, ‘What a fool,’ or ‘What a rascal.’ ‘Abuse couched in insulting language’ is when a man says, ‘I will visit your sister,’ or the like. ‘Charging one with a mortal sin causing expulsion from caste,’ such as e.g. the drinking of spirituous liquor. See loc. cit. 208 NARADA. XV, XVI, 5. with ashes or other (impure substances), is termed Assault. *5. There are three species of that also, as it may be either light, or of a middling sort, or heavy, according as it consists in the raising (of a hand or weapon for the purpose of striking a blow), or in an unexpected attack, or in striking a wound. * 6. Stealing articles of small, middling, or superior value, is called the three kinds of Sdhasa; there the thorny weeds (sinners) should be extirpated. * 7. In both kinds (of insult) five cases are distinguished, when the respective innocence or guilt of the two parties has to be established. *8. When two parties have been guilty of insult, and both have commenced to quarrel at the same time, they shall suffer the same punishment, in case that no difference (in their respective culpability) becomes apparent. *9. He who is the first to offer an insult is decidedly criminal; he who returns the insult is likewise culpable; but the one who began shall suffer the heavier punishment (of the two). 6. The above translation of this paragraph follows the reading of the MSS. If that reading be correct, this paragraph contains a rule relating to the subject of theft or Sahasa. The quotations have a different reading, under which this paragraph has to be closely connected with the preceding one, and has to be referred equally to the three degrees of assault. 4. The Nepalese MS. and the commentaries insert the following paragraph here: *‘ When an insult has occurred between two men engaged in a violent quarrel, he who suffers the insult patiently is struck, but the offender is punishable.’
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.
1Viramitrodaya, p. 499. 8,9. The ambiguous term vadha in these two paragraphs is 204 NARADA, XIV, 10. *ro, Shaving his head, banishing him from the town, branding him on the forehead with a mark of the crime of which he has been convicted, and parading him on an ass, shall be his punishment. *11. Those who have committed Sdhasa of either of the two first degrees are allowed to mix in society, after having been punished, but if a man has committed Sahasa of the highest degree, no one is allowed to speak to him, even when he has received punishment. *12. Theft is a special kind of it. The difference between (Sdhasa and theft) is as follows. SAhasa is where the criminal act consists of a forcible attack, theft is where it is done by fraud. *13. That (theft) is again declared to be threefold by the wise, according to the (value of the) articles (purloined), whether articles of small, middling, or superior value have been stolen. *14. Earthenware, a seat, a couch, bone, wood, leather, grass, and the like, legume, grain, and prepared food, these are termed articles of small value. *15. Clothes made of other material than silk, cattle other than cows, and metals other than gold, are (termed) articles of middling value, and so are rice and barley. explained as denoting corporal punishment, and not execution, by the commentators. 9, 10, Gautama XII, 46, 47; Vishvu V, 2-8; Y4gviavalkya II, 270; Manu VIII, 124, 379-380. 12. ‘A criminal act’ (4dhif), i.e. injuring another man’s property; ‘through a forcible attack,’ i.e. violently, is called theft equivalent to Saéhasa; a criminal act done ‘by fraud’ is called ordinary theft. Viramitrodaya, p. 490. Manu VIII, 3332. 13. Yagviavalkya II, 275. _ 14. Manu VIII, 326-329. XIV, 22. HEINOUS OFFENCES. 205 *16. Gold, precious stones, silk, women, men, cows, elephants, horses, and what belongs to a god, a Brahman, or a king, these are regarded as articles of superior value. 17. Taking away by any means whatsoever the property of persons asleep, or disordered in their intellect, or intoxicated, is declared to be theft by the wise. 18. Where stolen goods are found with a man, he may be presumed to be the thief. (The possession of) stolen goods may be inferred from a luxurious mode of life. Suspicion arises where a man is seen in bad company or indulges in extravagance. *19. Those who give food or shelter to thieves seeking refuge with them, or who suffer them (to escape) though able (to arrest them), partake of their crime themselves. * 20. Those who do not come to offer assistance, when people are crying out (for help) within their hearing, or when property is being taken away, are likewise accomplices in the crime. * 21, That series of punishments, which has been ordained by the wise for the three kinds of Sahasa, is equally applicable to theft, according as it concerns one of the three species of articles in their order. 22. When cows or other (animals) have been lost,
2* 21, That series of punishments, which has been ordained by the wise for the three kinds of Sahasa, is equally applicable to theft, according as it concerns one of the three species of articles in their order. 22. When cows or other (animals) have been lost, 16. See the Indian law of prescription, where the property of Brahmans and kings is declared to be exempt from the ordinary rules regarding limitation. Manu VIII, 323. 18. Yagmavalkya II, 266. 19. Those who give food or any other assistance to a thief, or who suffer a thief to escape though able to seize him, have to be punished like thieves. Vivddagintémani, p. 93. Manu IX, 278; YAgnavalkya II, 276. ao. Manu IX, 275. This text is omitted in the Nepalese MS. 206 NARADA. XIV, 23. or when (other) property has been taken away forcibly, experienced men shall trace it from the place where it has been taken. 23. Wherever the footmarks go to, whether it be a village, pasture ground or deserted spot (the inhabitants or owners of) that place must make good the loss, unless they can prove the footmarks to go out of that place again. 24. When the footmarks are obscured or interrupted, because (they lead to) broken ground or to a spot much frequented by other people, the nearest village or pasture ground shall be made responsible. 25. Where two persons have gone the same road, the offence, as a rule, shall be imputed to him who stood charged with other crimes before, or who associates with suspicious characters. 26. Kandalas, executioners, and other such persons, as well as those who are in the habit of roaming at night, shall institute a search (after the thieves) in the villages; those living outside (of inhabited places) shall search (for them) outside. 27. When the thieves are not caught, the king must make good (the loss) from his own treasury. By showing himself remiss (towards criminals), he would incur sin and would offend both against justice and his own interest. 23. Yagiavalkya II, 2471. 24. Yagavalkya II, 272. 26. Manu IX, 267. XV, XVI, 4. HEINOUS OFFENCES; ABUSE. 207 FIFTEENTH AND SIXTEENTH TITLES OF LAW. ABUSE AND ASSAULT. *1, Abusive speeches, couched in offensive and violent terms, regarding the native country, caste, family, and so forth (of a man), are termed Abuse, (a title of law.) *2. It is divided into three species, called respectively Nish¢dura, Asltla,and Tivra. The punishment for each increases in severity according as the insult is of a more (or less) serious nature. * 3. Abuse combined with reproaches has to be regarded as Nish¢hura; abuse couched in insulting language is Aslila; charging one with an offence causing expulsion from caste is called Tivra by the learned. *4. Hurting the limbs of another person with a hand, foot, weapon or otherwise, or defiling him
3Abuse combined with reproaches has to be regarded as Nish¢hura; abuse couched in insulting language is Aslila; charging one with an offence causing expulsion from caste is called Tivra by the learned. *4. Hurting the limbs of another person with a hand, foot, weapon or otherwise, or defiling him XV, XVI,1. Thus, e.g. when a man says, ‘ The Gaudas (Bengalis) are quarrelsome,’ he abuses another man’s native country. When a man says, ‘ Brahmans are very avaricious,’ he abuses another man’s caste. When he says,‘ The Visvamitras are a ferocious race,’ he abuses another man’s family. The clause ‘and so forth’ is added, in order to include abusive speeches levelled against learned men, artizans, or the like persons, whose learning or art has been abused. ‘ Violent terms,’ i.e. terms which ought never to be used. Mitaékshar&, p. 285; Viramitrodaya, p. 482. 3. ‘Abuse combined with reproaches’ is when e.g. a man says, ‘What a fool,’ or ‘What a rascal.’ ‘Abuse couched in insulting language’ is when a man says, ‘I will visit your sister,’ or the like. ‘Charging one with a mortal sin causing expulsion from caste,’ such as e.g. the drinking of spirituous liquor. See loc. cit. 208 NARADA. XV, XVI, 5. with ashes or other (impure substances), is termed Assault. *5. There are three species of that also, as it may be either light, or of a middling sort, or heavy, according as it consists in the raising (of a hand or weapon for the purpose of striking a blow), or in an unexpected attack, or in striking a wound. * 6. Stealing articles of small, middling, or superior value, is called the three kinds of Sdhasa; there the thorny weeds (sinners) should be extirpated. * 7. In both kinds (of insult) five cases are distinguished, when the respective innocence or guilt of the two parties has to be established. *8. When two parties have been guilty of insult, and both have commenced to quarrel at the same time, they shall suffer the same punishment, in case that no difference (in their respective culpability) becomes apparent. *9. He who is the first to offer an insult is decidedly criminal; he who returns the insult is likewise culpable; but the one who began shall suffer the heavier punishment (of the two). 6. The above translation of this paragraph follows the reading of the MSS. If that reading be correct, this paragraph contains a rule relating to the subject of theft or Sahasa. The quotations have a different reading, under which this paragraph has to be closely connected with the preceding one, and has to be referred equally to the three degrees of assault. 4. The Nepalese MS. and the commentaries insert the following paragraph here: *‘ When an insult has occurred between two men engaged in a violent quarrel, he who suffers the insult patiently is struck, but the offender is punishable.’
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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