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Romanised transliteration as printed by the translator, not the original script. This is what we hold.
1The Upanishads are frequently referred to, e.g. If, 165; VI, 29. Secret or mysterious doctrines are e.g. those taught in the twelfth chapter of the Code of Manu. A somewhat analogous table of contents of the Code of Manu is given in that work itself, I, 111-118. [33] @t B 2 NARADA. country ; (4) the constitution of a judicial assembly; (5) the performance of offerings according to the Vedas and Vedangas; (6) established usage; (7) forensic law; (8) the extirpation of offenders; (9) the mode of life of a king; (10, 11) the system of the (four) castes and (four) orders; (12) marriage laws; (13) the mutual relations between husband and wife; (14) the order of succession; (15) the performance of obsequies; (16) the elucidation of difficult points regarding purification; (17) the rule as to what may be eaten and what not; (18, 19) the law regarding vendible commodities, and those which must not be sold; (20) the various kinds of crime; (21) heaven and hell; (22) penances; (23) the Upanishads ; (24) secret doctrines. 2. Holy Manu, after having thus (composed) that (book) in a hundred thousand slokas, and in one thousand and eighty chapters, delivered it to the divine sage Narada. He having learnt it from him, reflecting that a work of this kind could not be remembered easily by mortals on account of its size, abridged it in twelve thousand (slokas) and delivered it to the great sage Markazdeya. 3. He having learnt it from him, and reflecting on 2. The Manu who is referred to in this place is no doubt Manu Svayambhuva, or ‘ Manu sprung from the self-existent Being,’ to whom the Code of Manu is said to have been revealed by Brahman; see Manu I, 58. Narada is one of the seven principal Rishis. He is also reckoned among the Prag&patis, ‘lords of creatures’ or ‘creators,’ and is viewed as the chief of heavenly musicians. Markandeya is elsewhere called ‘the long-lived,’ and is celebrated for his austerities. He is the reputed author of a well-known Purdza, called after him the Markandeya Purfna. 3. Bhrégu, one of the great Rrshis of antiquity, is in the Code of - Manu introduced as a son of Manu, and as the compiler of the THE AUTHOR'S PREFACE. 3 the (limited duration and) capacity of human life, reduced it to eight thousand (slokas), and delivered this (abridgment) to Sumati, the son of Bhrigu. 4. Sumatj, the son of Bhzégu, after having learnt (this book) from him and considered what human capacity had been brought down to through the (successive) lessening of life (in the four ages of the world), reduced it to four thousand (slokas). 5. Itis this (abridgment) which Manes and mortals read, whilst the gods, Gandharvas, and other (exalted beings) read in extenso-the (original) code, consisting of one hundred thousand (slokas). There the first sloka runs as follows: ‘This universe was wrapped up in darkness, and nothing could be discerned. Then the holy, self-existent Spirit issued forth with his four faces.’
2There the first sloka runs as follows: ‘This universe was wrapped up in darkness, and nothing could be discerned. Then the holy, self-existent Spirit issued forth with his four faces.’ 6. After this exordium, chapter follows chapter present version of the Code of Manu; see Manu I, 35, 59, 60. The fact of his being mentioned here as the father of Sumati, the compiler of the final recension of the Code of Manu, renders it probable that this work may have closely resembled the now extant Code of Manu. However, the latter work has not more than 2684 slokas, instead of the 4000 attributed to the version of Sumati. 4. As for the successive lessening of life, and general deterioration of the world, in the four ages, Kriia, Treté, Dvapara, and Kali, see Manu I, 81-86. 5. A. observes expressly that the term ‘there’ refers to the original Code in 100,000 slokas. The sloka here quoted is nearly identical with Manu I, 5a, 6a. 6. The M&trzk4 or ‘Introduction’ (compare divyamatr7ka, a ‘general introduction to the law regarding ordeals,’ in the Mitaksharf, p. 139) which is here attributed to Narada, appears to have formed part of the abridgment in 12,000 slokas, which was originally composed by him. It was composed in the Sitra style, i.e. it was made up of aphorisms. The slokas are frequently designed as Sfitras by the commentators of law-books. Supposing this work to have consisted of twelve chapters, like the present Code B 2 4 NARADA. continuously. There the ninth chapter is headed, ‘Judicial Procedure.’ There Narada, the divine sage, composed an Introduction in the Sftra style, as follows. It begins with the following sloka. of Manu, each chapter would have contained about rooo slokas. The Narada-smriti actually has about rooo slokas. In the Code of Manu, forensic law is treated in the eighth and ninth chapters. The compiler of the present work declares his composition to be the ninth chapter of Narada’s abridged version of the Code of Manu. In the above enumeration of twenty-four subjects treated in the original Code of Mar.u, judicial procedure is introduced as the seventh and eighth subject. This coincidence indeed might be accidental. INTRODUCTION. I. LecaLt PROcEDURE. *1, When mortals were bent on doing their duty alone and habitually veracious, there existed neither lawsuits, nor hatred, nor selfishness. * 2, The practice of duty having died out among mankind, lawsuits have been introduced; and the king has been appointed to decide lawsuits, because he has authority to punish. 3. Documents and (the testimony of) witnesses are declared to be the two methods for clearing up doubtful matters, where two parties are quarrelling with one another. *4. Proceedings at law are of two kinds; attended by a wager, or not attended by a wager. A lawsuit
33. Documents and (the testimony of) witnesses are declared to be the two methods for clearing up doubtful matters, where two parties are quarrelling with one another. *4. Proceedings at law are of two kinds; attended by a wager, or not attended by a wager. A lawsuit I, 1. Where the sun shines, there is no shade. Where there is shade, there the sun does not shine. Similarly, where virtue reigns, there are neither lawsuits, nor hatred, nor selfishness. On the other hand, where these three are, there virtue is not to be found. A. The object of this introductory portion is to show how far judicial procedure is connected with Dharma ‘ Virtue,’ or ‘ Duty,’ the principal subject of an Indian law-book. The Viramitrodaya and other compilations attribute a further hemistich to Narada, in which the happy age here alluded to is referred to the period ‘when Manu, the father of mankind, was reigning on earth.’ 3. YAgaavalkya II, 22; Vasish‘ha XVI, 10; Vishau VI, 23. 4. ‘A lawsuit attended by a wager’ is where one of the parties promises in writing to pay a certain sum to the king, over and above the amount in dispute. ‘A lawsuit not attended by a wager’ is one devoid of a stipulation of this sort. Viramitrodaya. This is apparently the correct explanation. Asahdya observes that the amount staked may be much smaller than the amount in dispute. 6 NARADA. attended by a wager is where (either of the two - parties) stakes in writing a certain sum which has to be paid besides the sum in dispute (in case of ' defeat). 5. In a lawsuit attended by a wager, he of the two who is cast must pay his stake and a fine when _ his defeat has been decided. *6. The plaint is declared to be the essential part of a proceeding-at-law. If he succumbs with it, the defendant loses the whole suit. If he can prove the charge, he gains the suit. * 7, Gatherings (kula), corporations (sremi), assemblies (gava), one appointed (by the king), and the king (himself), are invested with the power to decide Thus, although the sum in dispute be very considerable, one may stake two hundred Pamas, or a hundred Pazas, or fifty Pazas only. 5. According to Asahaya, the wager must not be laid till the two first stages of the trial, the charge and the answer, are over. The wager may be laid either by the plaintiff or by the defendant. The plaintiff, whose declaration has been refuted by the defendant, stakes a certain sum on the issue of the case. Or the defendant, after having denied the correctness of the charge,.stakes a certain sum on the correctness of his own statements, to be proved by the issue of the case. Asah@ya does not say to whom the sum staked has to be paid in his opinion. It may be observed that, according to Burmese law, which is an offshoot of the early law of India, ten per cent. of the sum staked should be given to the judge and to the pleaders, and the remainder to the victorious party; see Richardson’s Dhammathat, p. 73. Y4gviavalkya II, 18 (see Mitakshar4).
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.
1The Upanishads are frequently referred to, e.g. If, 165; VI, 29. Secret or mysterious doctrines are e.g. those taught in the twelfth chapter of the Code of Manu. A somewhat analogous table of contents of the Code of Manu is given in that work itself, I, 111-118. [33] @t B 2 NARADA. country ; (4) the constitution of a judicial assembly; (5) the performance of offerings according to the Vedas and Vedangas; (6) established usage; (7) forensic law; (8) the extirpation of offenders; (9) the mode of life of a king; (10, 11) the system of the (four) castes and (four) orders; (12) marriage laws; (13) the mutual relations between husband and wife; (14) the order of succession; (15) the performance of obsequies; (16) the elucidation of difficult points regarding purification; (17) the rule as to what may be eaten and what not; (18, 19) the law regarding vendible commodities, and those which must not be sold; (20) the various kinds of crime; (21) heaven and hell; (22) penances; (23) the Upanishads ; (24) secret doctrines. 2. Holy Manu, after having thus (composed) that (book) in a hundred thousand slokas, and in one thousand and eighty chapters, delivered it to the divine sage Narada. He having learnt it from him, reflecting that a work of this kind could not be remembered easily by mortals on account of its size, abridged it in twelve thousand (slokas) and delivered it to the great sage Markazdeya. 3. He having learnt it from him, and reflecting on 2. The Manu who is referred to in this place is no doubt Manu Svayambhuva, or ‘ Manu sprung from the self-existent Being,’ to whom the Code of Manu is said to have been revealed by Brahman; see Manu I, 58. Narada is one of the seven principal Rishis. He is also reckoned among the Prag&patis, ‘lords of creatures’ or ‘creators,’ and is viewed as the chief of heavenly musicians. Markandeya is elsewhere called ‘the long-lived,’ and is celebrated for his austerities. He is the reputed author of a well-known Purdza, called after him the Markandeya Purfna. 3. Bhrégu, one of the great Rrshis of antiquity, is in the Code of - Manu introduced as a son of Manu, and as the compiler of the THE AUTHOR'S PREFACE. 3 the (limited duration and) capacity of human life, reduced it to eight thousand (slokas), and delivered this (abridgment) to Sumati, the son of Bhrigu. 4. Sumatj, the son of Bhzégu, after having learnt (this book) from him and considered what human capacity had been brought down to through the (successive) lessening of life (in the four ages of the world), reduced it to four thousand (slokas). 5. Itis this (abridgment) which Manes and mortals read, whilst the gods, Gandharvas, and other (exalted beings) read in extenso-the (original) code, consisting of one hundred thousand (slokas). There the first sloka runs as follows: ‘This universe was wrapped up in darkness, and nothing could be discerned. Then the holy, self-existent Spirit issued forth with his four faces.’
2There the first sloka runs as follows: ‘This universe was wrapped up in darkness, and nothing could be discerned. Then the holy, self-existent Spirit issued forth with his four faces.’ 6. After this exordium, chapter follows chapter present version of the Code of Manu; see Manu I, 35, 59, 60. The fact of his being mentioned here as the father of Sumati, the compiler of the final recension of the Code of Manu, renders it probable that this work may have closely resembled the now extant Code of Manu. However, the latter work has not more than 2684 slokas, instead of the 4000 attributed to the version of Sumati. 4. As for the successive lessening of life, and general deterioration of the world, in the four ages, Kriia, Treté, Dvapara, and Kali, see Manu I, 81-86. 5. A. observes expressly that the term ‘there’ refers to the original Code in 100,000 slokas. The sloka here quoted is nearly identical with Manu I, 5a, 6a. 6. The M&trzk4 or ‘Introduction’ (compare divyamatr7ka, a ‘general introduction to the law regarding ordeals,’ in the Mitaksharf, p. 139) which is here attributed to Narada, appears to have formed part of the abridgment in 12,000 slokas, which was originally composed by him. It was composed in the Sitra style, i.e. it was made up of aphorisms. The slokas are frequently designed as Sfitras by the commentators of law-books. Supposing this work to have consisted of twelve chapters, like the present Code B 2 4 NARADA. continuously. There the ninth chapter is headed, ‘Judicial Procedure.’ There Narada, the divine sage, composed an Introduction in the Sftra style, as follows. It begins with the following sloka. of Manu, each chapter would have contained about rooo slokas. The Narada-smriti actually has about rooo slokas. In the Code of Manu, forensic law is treated in the eighth and ninth chapters. The compiler of the present work declares his composition to be the ninth chapter of Narada’s abridged version of the Code of Manu. In the above enumeration of twenty-four subjects treated in the original Code of Mar.u, judicial procedure is introduced as the seventh and eighth subject. This coincidence indeed might be accidental. INTRODUCTION. I. LecaLt PROcEDURE. *1, When mortals were bent on doing their duty alone and habitually veracious, there existed neither lawsuits, nor hatred, nor selfishness. * 2, The practice of duty having died out among mankind, lawsuits have been introduced; and the king has been appointed to decide lawsuits, because he has authority to punish. 3. Documents and (the testimony of) witnesses are declared to be the two methods for clearing up doubtful matters, where two parties are quarrelling with one another. *4. Proceedings at law are of two kinds; attended by a wager, or not attended by a wager. A lawsuit
33. Documents and (the testimony of) witnesses are declared to be the two methods for clearing up doubtful matters, where two parties are quarrelling with one another. *4. Proceedings at law are of two kinds; attended by a wager, or not attended by a wager. A lawsuit I, 1. Where the sun shines, there is no shade. Where there is shade, there the sun does not shine. Similarly, where virtue reigns, there are neither lawsuits, nor hatred, nor selfishness. On the other hand, where these three are, there virtue is not to be found. A. The object of this introductory portion is to show how far judicial procedure is connected with Dharma ‘ Virtue,’ or ‘ Duty,’ the principal subject of an Indian law-book. The Viramitrodaya and other compilations attribute a further hemistich to Narada, in which the happy age here alluded to is referred to the period ‘when Manu, the father of mankind, was reigning on earth.’ 3. YAgaavalkya II, 22; Vasish‘ha XVI, 10; Vishau VI, 23. 4. ‘A lawsuit attended by a wager’ is where one of the parties promises in writing to pay a certain sum to the king, over and above the amount in dispute. ‘A lawsuit not attended by a wager’ is one devoid of a stipulation of this sort. Viramitrodaya. This is apparently the correct explanation. Asahdya observes that the amount staked may be much smaller than the amount in dispute. 6 NARADA. attended by a wager is where (either of the two - parties) stakes in writing a certain sum which has to be paid besides the sum in dispute (in case of ' defeat). 5. In a lawsuit attended by a wager, he of the two who is cast must pay his stake and a fine when _ his defeat has been decided. *6. The plaint is declared to be the essential part of a proceeding-at-law. If he succumbs with it, the defendant loses the whole suit. If he can prove the charge, he gains the suit. * 7, Gatherings (kula), corporations (sremi), assemblies (gava), one appointed (by the king), and the king (himself), are invested with the power to decide Thus, although the sum in dispute be very considerable, one may stake two hundred Pamas, or a hundred Pazas, or fifty Pazas only. 5. According to Asahaya, the wager must not be laid till the two first stages of the trial, the charge and the answer, are over. The wager may be laid either by the plaintiff or by the defendant. The plaintiff, whose declaration has been refuted by the defendant, stakes a certain sum on the issue of the case. Or the defendant, after having denied the correctness of the charge,.stakes a certain sum on the correctness of his own statements, to be proved by the issue of the case. Asah@ya does not say to whom the sum staked has to be paid in his opinion. It may be observed that, according to Burmese law, which is an offshoot of the early law of India, ten per cent. of the sum staked should be given to the judge and to the pleaders, and the remainder to the victorious party; see Richardson’s Dhammathat, p. 73. Y4gviavalkya II, 18 (see Mitakshar4).
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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