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Romanised transliteration as printed by the translator, not the original script. This is what we hold.
1*44. For violating the bed of a Guru, (the brand of) a female part should be made; for drinking 38. Manu VIII, 126. 39. Manu VIII, 347. 40. Nearly identical with Manu IX, 249. 41. Manu VIII, 380. 42. The third Pada of this paragraph has been conjecturally altered, as it cannot be made out in the MS, 43. Manu IX, 236. 44, 45. Manu IX, 237. The last Pada in paragraph 44 cannot be made out in the MS. 230 NARADA. 45 spirituous liquor, (the brand of) a liquor sign is ordained; for theft, he shall make (the brand of) a dog’s foot (on his forehead). 45. The slayer of a Brahman shall have (the brand of) a headless man stamped on his forehead, and it is forbidden to speak to him. This is a law enacted by Manu. 46. A thief must approach the king with flying hair, running, and proclaiming his theft (with the words): ‘Thus have I acted. Chastise me.’ 47. By so doing he is cleared from guilt, because he has confessed his deed; the king, thereupon, shall touch him (with a club), or dismiss him, if he is innocent. 48. Those men who have received a punishment from the king for an offence committed by them, proceed to heaven, free from sin, as (if they were) virtuous men who had acted well. 49. Whether he be punished or released, the thief is freed from his crime; if, however, the king does not punish him, the crime committed by the thief falls on (the king) himself. 50. Self-possessed men are corrected by their Guru; wicked men are corrected (or punished) by the king; but those who have sinned in secret are corrected by Yama, the son of Vivasvat. 51. The crime of a Sidra in theft is eightfold (that of a man of the lowest caste); of a Vaisya, sixteenfold ; and of a Kshatriya, thirty-twofold. 46. Nearly identical with Manu VIII, 314. 48. Identical with Manu VIII, 318. 49. Nearly identical with Manu VIII, 316. 51. Nearly identical with Manu VIII, 337. 57. PUNISHMENTS. 231 52. Of a Brahman, sixty-fourfold; thus the son of the Self-Existent has declared. Knowledge makes a difference also. For knowing persons, (the punishment) is specially severe. *53. Punishment is pronounced to be twofold: corporal punishment and fines. Corporal punishment is again declared to be of ten sorts; fines are (also) of more than one kind. *54. Fines begin with a K4kazi, and the highest amount of a fine is one’s entire property. Corporal punishment begins with confinement and ends with capital punishment. *55, ‘Fines beginning with a Kakaat’ are declared to amount to no less than one M4sha. Those are called ‘fines amounting to no less than a MA4sha’ which amount to one KArshdpama at most: *56. ‘Fines beginning with no less than a K4rshépaza’ are those amounting to no less than four K4rshapavas; or which begin with two, and end with eight (K4rsh4pamas) ; or which begin with three, and end with twelve (K4rshApazas).
2‘Fines beginning with no less than a K4rshépaza’ are those amounting to no less than four K4rshapavas; or which begin with two, and end with eight (K4rsh4pamas) ; or which begin with three, and end with twelve (K4rshApazas). *57. A K4rshapaaa is a silver coin in the southern country ; in the east, it is an equivalent for (a certain number of) Pazas, and is equal to twenty Pawas., 52. Manu VIII, 338. 53- Manu VIII, 129. See too, above, paragraphs 36, 37. 54. Kakani or K&kiztf is the name of a small coin. See par. 58. 53-56. This passage is quoted in the Smrttizandrika, with several different readings. One of them, in par. 55, deserves special notice. For maish4varah smatah (read smrita&), the Smritié, reads mAshaparak smritaf, ‘are declared to amount to no more than one M4sha.’ This is probably the correct reading. 57. According to Manu (VIII, 136), the K4rshapama is a copper coin. The reading of the second half of this paragraph is quite uncertain. . 232 NARADA. 58. *58. A MAsha should be known to be the twentieth part of a Karshapaza. A K4kamt is the fourth part of a M4sha or Pala. 59. By that appellation which is in general use in the region of the Punjaub, the value of a Karsh4paza is not circumscribed here. *60. A K4rsh4paza has to be taken as equal to an Azdik4; four of these are a Dh4naka; twelve of the latter are a Suvarza, which is called Dinara otherwise. 61. Let the king practise the duties of his office, and (follow) the rule of inflicting punishment, faithful to the tenets (of the sacred law). Let him destroy accordingly, as governor, the evil-doers, after having traced them by the application of cunning stratagems and arrested them. 59. The term iha, ‘here,’ may be either referred to the place of residence of the author of the Narada-smrtti, or it may mean ‘in this work.’ 60. An Andika is elsewhere reckoned at four Yavas. In the Viramitrodaya and other works, this text is attributed to Brzhaspati. The coin called Dinara is the Roman denarius. QUOTATIONS FROM NARADA. I. JupictaL PROCEDURE. 1, 2. He is called a (Pradvivaka or) chief judge who—fully acquainted with the eighteen titles (of law) and with the eight thousand subdivisions thereof, skilled in logic and other branches of science, and thoroughly versed in revealed and traditional lore—investigates the law relative to the case in hand by putting questions (pr4¢) and passing a decision (vive#ayati) according to what was heard or understood by him. 3. Let not a king actuated by arrogance or avarice promote litigation among persons not engaged in a controversy. 4. The king shall examine judicial quarrels between two litigant parties in a proper way, acting on principles of equity and discarding both love and hatred. 5. (In disputes) among merchants, artizans, or the like persons, and in (disputes concerning) persons subsisting by agriculture or as dyers, it is impossible for outsiders to pass a sentence; and the passing of
35. (In disputes) among merchants, artizans, or the like persons, and in (disputes concerning) persons subsisting by agriculture or as dyers, it is impossible for outsiders to pass a sentence; and the passing of I, 1,2. Smriti&. ashAdasapadabhigfas tadbhedash/asahasravit | AnvikshikyAdikusalah srutismritiparfyanah W vivadasamsritam dharmam prikkhati pra/srutam matam | vivefayati yas tasmat pradvivakas tu sa smritah II 3. Viram. p. 48. 4. Vy. K. rag& dharmasahdyas tu dvayor vivadamfnayoh samyak kAry4ny aveksheta régadveshavivargitah 5. Vy. &.; May. p. 6 (‘Vy4sa’). 234 QUOTATIONS FROM NARADA. I, 6. the sentence must, therefore, be entrusted to persons acquainted with such matters (in a cause of this sort). 6. A lawsuit cannot be instituted mutually between a teacher and his pupil, or between father and son, or man and wife, or master and servant. 7. A plaint is declared (inadmissible) likewise by the learned in law, when it has been raised by one against many, or by women, or by menials. 8: He shall be admitted as plaintiff whose grievance is the greater, or whose affair is the more important of the two, and not he who was the first to go to law. g. Half of the (ordinary) punishment is declared for him who either confesses his deed, after having committed an illicit act of violence, or says of his own accord, ‘ It is true.’ 10. When (an assessor of the court) has recognised the royal mind to swerve from the path of duty, he must not pronounce ah opinion which is agreeable to the king. (It is only by declaring what is just that) he becomes free from sin. 1. Transgression of (the king’s) commands, killing a female, mixture of castes, illicit intercourse with another man’s wife, robbery, pregnancy caused by another man than the husband, 6. Vy. K.; Viram. p. 46 (‘ Brzhaspati’). y. Vy. K.; Viram. p. 47. 8. Viram. p. 60. g. Smritit. ayuktam sahasam kritva praty4pattim vraget tu yah brfiyat svayam va sad iti tasya Adrthadama/’ smrtah tt 10. Viram. p.15. ‘He must not pronounce an opinion which is agreeable to the king,’ i.e. he must not endeavour to please him by what he declares, but must deliver an equitable opinion. By acting thus, he becomes free from sin. Viram. 11,12. Viram. p. 50. fl, 1. THE PLAINT. 235 12. Abuse, insulting language, assault, and procuring abortion, are the ten (principal) crimes. 13. He who arrests (his adversary) by illegal means, such as by stopping his speech (through gagging the mouth), or by preventing him from breathing, and the like practices, is liable to punishment; but one who breaks (such arrest} is not (punishable). - 14. When a lawsuit has been judged without any previous examination of witnesses (or other evidence), or when it has been decided in an improper manner, or when it has been judged by unauthorized persons, the trial has to be renewed.
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.
1*44. For violating the bed of a Guru, (the brand of) a female part should be made; for drinking 38. Manu VIII, 126. 39. Manu VIII, 347. 40. Nearly identical with Manu IX, 249. 41. Manu VIII, 380. 42. The third Pada of this paragraph has been conjecturally altered, as it cannot be made out in the MS, 43. Manu IX, 236. 44, 45. Manu IX, 237. The last Pada in paragraph 44 cannot be made out in the MS. 230 NARADA. 45 spirituous liquor, (the brand of) a liquor sign is ordained; for theft, he shall make (the brand of) a dog’s foot (on his forehead). 45. The slayer of a Brahman shall have (the brand of) a headless man stamped on his forehead, and it is forbidden to speak to him. This is a law enacted by Manu. 46. A thief must approach the king with flying hair, running, and proclaiming his theft (with the words): ‘Thus have I acted. Chastise me.’ 47. By so doing he is cleared from guilt, because he has confessed his deed; the king, thereupon, shall touch him (with a club), or dismiss him, if he is innocent. 48. Those men who have received a punishment from the king for an offence committed by them, proceed to heaven, free from sin, as (if they were) virtuous men who had acted well. 49. Whether he be punished or released, the thief is freed from his crime; if, however, the king does not punish him, the crime committed by the thief falls on (the king) himself. 50. Self-possessed men are corrected by their Guru; wicked men are corrected (or punished) by the king; but those who have sinned in secret are corrected by Yama, the son of Vivasvat. 51. The crime of a Sidra in theft is eightfold (that of a man of the lowest caste); of a Vaisya, sixteenfold ; and of a Kshatriya, thirty-twofold. 46. Nearly identical with Manu VIII, 314. 48. Identical with Manu VIII, 318. 49. Nearly identical with Manu VIII, 316. 51. Nearly identical with Manu VIII, 337. 57. PUNISHMENTS. 231 52. Of a Brahman, sixty-fourfold; thus the son of the Self-Existent has declared. Knowledge makes a difference also. For knowing persons, (the punishment) is specially severe. *53. Punishment is pronounced to be twofold: corporal punishment and fines. Corporal punishment is again declared to be of ten sorts; fines are (also) of more than one kind. *54. Fines begin with a K4kazi, and the highest amount of a fine is one’s entire property. Corporal punishment begins with confinement and ends with capital punishment. *55, ‘Fines beginning with a Kakaat’ are declared to amount to no less than one M4sha. Those are called ‘fines amounting to no less than a MA4sha’ which amount to one KArshdpama at most: *56. ‘Fines beginning with no less than a K4rshépaza’ are those amounting to no less than four K4rshapavas; or which begin with two, and end with eight (K4rsh4pamas) ; or which begin with three, and end with twelve (K4rshApazas).
2‘Fines beginning with no less than a K4rshépaza’ are those amounting to no less than four K4rshapavas; or which begin with two, and end with eight (K4rsh4pamas) ; or which begin with three, and end with twelve (K4rshApazas). *57. A K4rshapaaa is a silver coin in the southern country ; in the east, it is an equivalent for (a certain number of) Pazas, and is equal to twenty Pawas., 52. Manu VIII, 338. 53- Manu VIII, 129. See too, above, paragraphs 36, 37. 54. Kakani or K&kiztf is the name of a small coin. See par. 58. 53-56. This passage is quoted in the Smrttizandrika, with several different readings. One of them, in par. 55, deserves special notice. For maish4varah smatah (read smrita&), the Smritié, reads mAshaparak smritaf, ‘are declared to amount to no more than one M4sha.’ This is probably the correct reading. 57. According to Manu (VIII, 136), the K4rshapama is a copper coin. The reading of the second half of this paragraph is quite uncertain. . 232 NARADA. 58. *58. A MAsha should be known to be the twentieth part of a Karshapaza. A K4kamt is the fourth part of a M4sha or Pala. 59. By that appellation which is in general use in the region of the Punjaub, the value of a Karsh4paza is not circumscribed here. *60. A K4rsh4paza has to be taken as equal to an Azdik4; four of these are a Dh4naka; twelve of the latter are a Suvarza, which is called Dinara otherwise. 61. Let the king practise the duties of his office, and (follow) the rule of inflicting punishment, faithful to the tenets (of the sacred law). Let him destroy accordingly, as governor, the evil-doers, after having traced them by the application of cunning stratagems and arrested them. 59. The term iha, ‘here,’ may be either referred to the place of residence of the author of the Narada-smrtti, or it may mean ‘in this work.’ 60. An Andika is elsewhere reckoned at four Yavas. In the Viramitrodaya and other works, this text is attributed to Brzhaspati. The coin called Dinara is the Roman denarius. QUOTATIONS FROM NARADA. I. JupictaL PROCEDURE. 1, 2. He is called a (Pradvivaka or) chief judge who—fully acquainted with the eighteen titles (of law) and with the eight thousand subdivisions thereof, skilled in logic and other branches of science, and thoroughly versed in revealed and traditional lore—investigates the law relative to the case in hand by putting questions (pr4¢) and passing a decision (vive#ayati) according to what was heard or understood by him. 3. Let not a king actuated by arrogance or avarice promote litigation among persons not engaged in a controversy. 4. The king shall examine judicial quarrels between two litigant parties in a proper way, acting on principles of equity and discarding both love and hatred. 5. (In disputes) among merchants, artizans, or the like persons, and in (disputes concerning) persons subsisting by agriculture or as dyers, it is impossible for outsiders to pass a sentence; and the passing of
35. (In disputes) among merchants, artizans, or the like persons, and in (disputes concerning) persons subsisting by agriculture or as dyers, it is impossible for outsiders to pass a sentence; and the passing of I, 1,2. Smriti&. ashAdasapadabhigfas tadbhedash/asahasravit | AnvikshikyAdikusalah srutismritiparfyanah W vivadasamsritam dharmam prikkhati pra/srutam matam | vivefayati yas tasmat pradvivakas tu sa smritah II 3. Viram. p. 48. 4. Vy. K. rag& dharmasahdyas tu dvayor vivadamfnayoh samyak kAry4ny aveksheta régadveshavivargitah 5. Vy. &.; May. p. 6 (‘Vy4sa’). 234 QUOTATIONS FROM NARADA. I, 6. the sentence must, therefore, be entrusted to persons acquainted with such matters (in a cause of this sort). 6. A lawsuit cannot be instituted mutually between a teacher and his pupil, or between father and son, or man and wife, or master and servant. 7. A plaint is declared (inadmissible) likewise by the learned in law, when it has been raised by one against many, or by women, or by menials. 8: He shall be admitted as plaintiff whose grievance is the greater, or whose affair is the more important of the two, and not he who was the first to go to law. g. Half of the (ordinary) punishment is declared for him who either confesses his deed, after having committed an illicit act of violence, or says of his own accord, ‘ It is true.’ 10. When (an assessor of the court) has recognised the royal mind to swerve from the path of duty, he must not pronounce ah opinion which is agreeable to the king. (It is only by declaring what is just that) he becomes free from sin. 1. Transgression of (the king’s) commands, killing a female, mixture of castes, illicit intercourse with another man’s wife, robbery, pregnancy caused by another man than the husband, 6. Vy. K.; Viram. p. 46 (‘ Brzhaspati’). y. Vy. K.; Viram. p. 47. 8. Viram. p. 60. g. Smritit. ayuktam sahasam kritva praty4pattim vraget tu yah brfiyat svayam va sad iti tasya Adrthadama/’ smrtah tt 10. Viram. p.15. ‘He must not pronounce an opinion which is agreeable to the king,’ i.e. he must not endeavour to please him by what he declares, but must deliver an equitable opinion. By acting thus, he becomes free from sin. Viram. 11,12. Viram. p. 50. fl, 1. THE PLAINT. 235 12. Abuse, insulting language, assault, and procuring abortion, are the ten (principal) crimes. 13. He who arrests (his adversary) by illegal means, such as by stopping his speech (through gagging the mouth), or by preventing him from breathing, and the like practices, is liable to punishment; but one who breaks (such arrest} is not (punishable). - 14. When a lawsuit has been judged without any previous examination of witnesses (or other evidence), or when it has been decided in an improper manner, or when it has been judged by unauthorized persons, the trial has to be renewed.
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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