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Romanised transliteration as printed by the translator, not the original script. This is what we hold.
1It 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). 6. Y4gfiavalkya II, 8. 7. Kula means an assemblage consisting of a few persons. Sreni denotes an assemblage of eminent merchants, &c. Gana denotes a fellowship, such as e.g. the Brahman caste. A. Other commentators take kula to mean a family meeting; sreni, a company of artizans; gavza, an assembly of cohabitants. These three stages of private arbitration may be compared to the modern - Panchayats of India. JUDICIAL PROCEDURE. 7 lawsuits; and of these, each succeeding one is superior to the one preceding him in order. *8. Judicial procedure has four feet, four bases, four means, it benefits four, reaches four, and produces four results. This has been declared. *9. It has eight members, eighteen topics, a hundred branches, three efficient causes, two modes of plaint, two openings, and two issues. *1o. Virtue, a judicial proceeding, documentary evidence, and an edict from the king are the four feet of a lawsuit. Each following one is superior to the one previously named. *11, There virtue is based on truth; a judicial proceeding (rests) on the statements of the witnesses ; documentary evidence (rests) on declarations reduced t1. Where both parties adhere strictly to truth in their statements, there is virtue or justice clearly enough, judicial procedure, written proof, and a royal edict being quite unnecessary in that case. Where either of the two parties is suspected to have made a false statement, judicial procedure has to be resorted to, which depends on the evidence given by witnesses. Documentary evidence (Aaritra) is where the statements of witnesses are consulted, written in their own hand, on a leaf, or on birch-bark, or on a strip of rind, or some other writing material. That suit, however, which has been decided by an edict from the king himself, is superior to all the rest, according to the saying, ‘What has been decided in a village, goes into the town. What has been decided in the town, goes before the king. What has been decided by the king, though wrongly decided, cannot be tried anew.’ A. The term 4aritra has been rendered in conformity with this interpretation, which is confirmed by the remarks of Kandesvara on this sloka. Other commentators and several MSS. of the N4rada-smrvti read svfkarane or prasnakarane for pustakarave. These commentators explain the term aritra in conformity with a text of Brshaspati, ‘Whatever is practised by a man, proper or improper, in accordance with local usage, is termed 4aritra (custom),’ 8 NARADA. to writing; an edict (depends) on the pleasure of the king.
2These commentators explain the term aritra in conformity with a text of Brshaspati, ‘Whatever is practised by a man, proper or improper, in accordance with local usage, is termed 4aritra (custom),’ 8 NARADA. to writing; an edict (depends) on the pleasure of the king. *12, Because the four means, of conciliation and the rest, are adopted, it is said to have four means. Because it protects the four orders, therefore it is said to benefit four. *13. Because it affects criminals, witnesses, the assessors of the court, and the king, to the amount of one quarter each, therefore it is said to reach four. *14. Because it produces these four, justice, gain, renown, and esteem among men, therefore it is declared to produce four results. *15. Because it consists of these eight, the king, 12. Because a lawsuit is decided by resorting, as the case may be, to any one of the four means of success, viz. conciliation, division, bribery, and force, therefore it is said to have four means. Because it protects or guards the four castes and the four orders, therefore it is said to benefit four. A. The four orders are the four stages in the life of a twice-born man: student, householder, hermit, and ascetic. 13. If unjustly decided, it brings evil on the four persons men--: tioned in this sloka. If justly decided, it confers good on them. A. 15. The several functions of the eight (or ten) ‘members’ of a judicial proceeding are thus described in a sloka attributed to Brthaspati. ‘The chief judge publishes the sentence. The king passes it. The assessors investigate the facts of the case. The law-book dictates the judgment, i.e. the victory of the one party, and the fine imposed on the other party. Gold and silver serve the purpose of administering ordeals. Water is used for relieving thirst or appeasing hunger. The accountant has to compute the sums. The scribe has to record the proceedings. The attendant must compel the defendant and the witnesses to appear in court, and detain both plaintiff and defendant, if they have given no sureties.’ According to Asahdya, the term ‘the king’s righteous officer ’ has to be referred to the king’s chief judge, and by ‘law- TITLES OF LAW. 9 his dutiful officer, the assessors of the court, the lawbook, the accountant and scribe, gold, fire, and water ; therefore it is said to have eight members. *16. Recovery of a debt, deposits, partnership, resumption of gift, breach of a contract of service, *17. Non-payment of wages, sales effected by another than the rightful owner, non-delivery of a sold chattel, rescission of purchase, *18. Transgression of a compact, boundary disputes, the mutual duties of husband and wife, law of inheritance, heinous offences, *19. Abuse, assault, games, and miscellaneous,. these are (the eighteen titles of law) on account of which (judicial procedure) is said to have eighteen topics. * 20, Their branches amount to one hundred and
3Abuse, assault, games, and miscellaneous,. these are (the eighteen titles of law) on account of which (judicial procedure) is said to have eighteen topics. * 20, Their branches amount to one hundred and books’ are meant the compositions of Manu, Nérada, Visvarfipa, and others, 16-19. Manu VIII, 4-8. 20-25. The 132 divisions of the eighteen titles of law are stated as follows by Asahaya :-— 1. Recovery of a debt. 1. Which debts have to be paid, and which not, &c.; 2. debts (in general); 3. property; 4. means of livelihood of a Brahman in times of distress ; 5. modes of proof; 6. lending money at interest ; 4. usurers ; 8. sureties; 9. pledges; 10. documents; 41. incompetent witnesses ; 12. witnesses for the plaintiff; 13. witnesses for the defendant ; 14. six cases where witnesses are unnecessary; 15. validity of testimony, how long retained; 16. false witnesses ; 17. exhorting the witnesses ; 18. valid evidence; 19. invalid evidence; 20. what has to be done, where both witnesses and documents are wanting ; 21. ordeal by balance; 22. ordeal by fire; 23. ordeal by water ; 24. ordeal by poison ; 25. ordeal by sacred libation. 2. Deposits. 1. Ny4sa(common deposits); 2. aupanidhika (sealed deposits) ; 10 NARADA. thirty-two. On account of the multifariousness of human concerns, (a judicial proceeding) is said to have a hundred branches. 21. ‘Recovery of a debt’ has twenty-five divisions ; ‘deposits’ has six; ‘partnership’ has three; ‘resumption of gift’ has four ; ° 3. yatitaka (loans for use); 4. anvahitata (deposits for delivery) ; 5. silpihastagata (bailments with an artizan); 6. pogadadhana (property of a minor). 3. Partnership. 1. The common undertakings of partners in business; 2. sacrifices offered by officiating priests; 3. tolls. 4. Resumption of gift. 1, What may be given; 2. what may not be given; 3. valid gifts; 4. invalid gifts. 5. Breach of a contract of service. 1. Service; 2. impure work; 3. conduct of a student; 4. rules of conduct for an apprentice; 5. rules of conduct for a manager ; 6. fifteen sorts of slaves ; 7. emancipation from slavery; 8. legal position of a slave; 9. release of a slave by the favour of his master. . 6. Non-payment of wages. 1, The wages of servants; 2. cowherds and the rest; 3. fee of a public woman; 4. questions arising in regard to the payment of rent. 7. Sales effected by another than the rightful owner. 1. Sale without ownership; 2. treasure-trove. 8. Non-delivery of a sold chattel. 9. Rescission of purchase. 1. Time; 2. worn clothes ; 3. loss on metals (caused by working them); 4. preparing cloth. 10. Transgression of a compact. 11, Boundary disputes. 1. Quarrels regarding a field; 2. quarrels regarding a house ; 3- quarrels regarding a garden; 4. quarrels regarding a well; 5. TITLES OF LAW. It
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.
1It 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). 6. Y4gfiavalkya II, 8. 7. Kula means an assemblage consisting of a few persons. Sreni denotes an assemblage of eminent merchants, &c. Gana denotes a fellowship, such as e.g. the Brahman caste. A. Other commentators take kula to mean a family meeting; sreni, a company of artizans; gavza, an assembly of cohabitants. These three stages of private arbitration may be compared to the modern - Panchayats of India. JUDICIAL PROCEDURE. 7 lawsuits; and of these, each succeeding one is superior to the one preceding him in order. *8. Judicial procedure has four feet, four bases, four means, it benefits four, reaches four, and produces four results. This has been declared. *9. It has eight members, eighteen topics, a hundred branches, three efficient causes, two modes of plaint, two openings, and two issues. *1o. Virtue, a judicial proceeding, documentary evidence, and an edict from the king are the four feet of a lawsuit. Each following one is superior to the one previously named. *11, There virtue is based on truth; a judicial proceeding (rests) on the statements of the witnesses ; documentary evidence (rests) on declarations reduced t1. Where both parties adhere strictly to truth in their statements, there is virtue or justice clearly enough, judicial procedure, written proof, and a royal edict being quite unnecessary in that case. Where either of the two parties is suspected to have made a false statement, judicial procedure has to be resorted to, which depends on the evidence given by witnesses. Documentary evidence (Aaritra) is where the statements of witnesses are consulted, written in their own hand, on a leaf, or on birch-bark, or on a strip of rind, or some other writing material. That suit, however, which has been decided by an edict from the king himself, is superior to all the rest, according to the saying, ‘What has been decided in a village, goes into the town. What has been decided in the town, goes before the king. What has been decided by the king, though wrongly decided, cannot be tried anew.’ A. The term 4aritra has been rendered in conformity with this interpretation, which is confirmed by the remarks of Kandesvara on this sloka. Other commentators and several MSS. of the N4rada-smrvti read svfkarane or prasnakarane for pustakarave. These commentators explain the term aritra in conformity with a text of Brshaspati, ‘Whatever is practised by a man, proper or improper, in accordance with local usage, is termed 4aritra (custom),’ 8 NARADA. to writing; an edict (depends) on the pleasure of the king.
2These commentators explain the term aritra in conformity with a text of Brshaspati, ‘Whatever is practised by a man, proper or improper, in accordance with local usage, is termed 4aritra (custom),’ 8 NARADA. to writing; an edict (depends) on the pleasure of the king. *12, Because the four means, of conciliation and the rest, are adopted, it is said to have four means. Because it protects the four orders, therefore it is said to benefit four. *13. Because it affects criminals, witnesses, the assessors of the court, and the king, to the amount of one quarter each, therefore it is said to reach four. *14. Because it produces these four, justice, gain, renown, and esteem among men, therefore it is declared to produce four results. *15. Because it consists of these eight, the king, 12. Because a lawsuit is decided by resorting, as the case may be, to any one of the four means of success, viz. conciliation, division, bribery, and force, therefore it is said to have four means. Because it protects or guards the four castes and the four orders, therefore it is said to benefit four. A. The four orders are the four stages in the life of a twice-born man: student, householder, hermit, and ascetic. 13. If unjustly decided, it brings evil on the four persons men--: tioned in this sloka. If justly decided, it confers good on them. A. 15. The several functions of the eight (or ten) ‘members’ of a judicial proceeding are thus described in a sloka attributed to Brthaspati. ‘The chief judge publishes the sentence. The king passes it. The assessors investigate the facts of the case. The law-book dictates the judgment, i.e. the victory of the one party, and the fine imposed on the other party. Gold and silver serve the purpose of administering ordeals. Water is used for relieving thirst or appeasing hunger. The accountant has to compute the sums. The scribe has to record the proceedings. The attendant must compel the defendant and the witnesses to appear in court, and detain both plaintiff and defendant, if they have given no sureties.’ According to Asahdya, the term ‘the king’s righteous officer ’ has to be referred to the king’s chief judge, and by ‘law- TITLES OF LAW. 9 his dutiful officer, the assessors of the court, the lawbook, the accountant and scribe, gold, fire, and water ; therefore it is said to have eight members. *16. Recovery of a debt, deposits, partnership, resumption of gift, breach of a contract of service, *17. Non-payment of wages, sales effected by another than the rightful owner, non-delivery of a sold chattel, rescission of purchase, *18. Transgression of a compact, boundary disputes, the mutual duties of husband and wife, law of inheritance, heinous offences, *19. Abuse, assault, games, and miscellaneous,. these are (the eighteen titles of law) on account of which (judicial procedure) is said to have eighteen topics. * 20, Their branches amount to one hundred and
3Abuse, assault, games, and miscellaneous,. these are (the eighteen titles of law) on account of which (judicial procedure) is said to have eighteen topics. * 20, Their branches amount to one hundred and books’ are meant the compositions of Manu, Nérada, Visvarfipa, and others, 16-19. Manu VIII, 4-8. 20-25. The 132 divisions of the eighteen titles of law are stated as follows by Asahaya :-— 1. Recovery of a debt. 1. Which debts have to be paid, and which not, &c.; 2. debts (in general); 3. property; 4. means of livelihood of a Brahman in times of distress ; 5. modes of proof; 6. lending money at interest ; 4. usurers ; 8. sureties; 9. pledges; 10. documents; 41. incompetent witnesses ; 12. witnesses for the plaintiff; 13. witnesses for the defendant ; 14. six cases where witnesses are unnecessary; 15. validity of testimony, how long retained; 16. false witnesses ; 17. exhorting the witnesses ; 18. valid evidence; 19. invalid evidence; 20. what has to be done, where both witnesses and documents are wanting ; 21. ordeal by balance; 22. ordeal by fire; 23. ordeal by water ; 24. ordeal by poison ; 25. ordeal by sacred libation. 2. Deposits. 1. Ny4sa(common deposits); 2. aupanidhika (sealed deposits) ; 10 NARADA. thirty-two. On account of the multifariousness of human concerns, (a judicial proceeding) is said to have a hundred branches. 21. ‘Recovery of a debt’ has twenty-five divisions ; ‘deposits’ has six; ‘partnership’ has three; ‘resumption of gift’ has four ; ° 3. yatitaka (loans for use); 4. anvahitata (deposits for delivery) ; 5. silpihastagata (bailments with an artizan); 6. pogadadhana (property of a minor). 3. Partnership. 1. The common undertakings of partners in business; 2. sacrifices offered by officiating priests; 3. tolls. 4. Resumption of gift. 1, What may be given; 2. what may not be given; 3. valid gifts; 4. invalid gifts. 5. Breach of a contract of service. 1. Service; 2. impure work; 3. conduct of a student; 4. rules of conduct for an apprentice; 5. rules of conduct for a manager ; 6. fifteen sorts of slaves ; 7. emancipation from slavery; 8. legal position of a slave; 9. release of a slave by the favour of his master. . 6. Non-payment of wages. 1, The wages of servants; 2. cowherds and the rest; 3. fee of a public woman; 4. questions arising in regard to the payment of rent. 7. Sales effected by another than the rightful owner. 1. Sale without ownership; 2. treasure-trove. 8. Non-delivery of a sold chattel. 9. Rescission of purchase. 1. Time; 2. worn clothes ; 3. loss on metals (caused by working them); 4. preparing cloth. 10. Transgression of a compact. 11, Boundary disputes. 1. Quarrels regarding a field; 2. quarrels regarding a house ; 3- quarrels regarding a garden; 4. quarrels regarding a well; 5. TITLES OF LAW. It
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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