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Romanised transliteration as printed by the translator, not the original script. This is what we hold.
133. They who are ignorant of the customs of the country, unbelievers, despisers of the sacred books, insane, irate, avaricious, or troubled (by pain or illness) should not be consulted in the decision of a cause. 34. A Brahman is the root of the tree of justice ; the sovereign prince is its stem and branches; the ministers are its leaves and blossoms ; just government is its fruit. 35. Renown and wealth are the sap of its fruit ; a dignified station, invincibility, esteem among men, and an eternal residence in paradise is enjoying its fruit. 36. Having recognised these advantages in (the pursuit of) justice, a king should be equitable towards litigants, and should pass a just sentence, discarding avarice and other (evil propensities). II. GENERAL RuLES OF PROCEDURE. 1. This legal procedure is declared, however, to be divided into a number of branches. Hear, now, 33. Smritik, desik4ranabhig#4 ye nastiké# sAstravargitah | unmattakruddhalubdhart4 na prash/avy4 vinirnaye ui 34-36. Viram. p.14. Read bhogostha grahapiganam in 35; vivadinam | tyaktva lobhadikam rég4 dharmyam in 36. II, 1, 2. Viram. p. 292. H, 7. GENERAL RULES OF PROCEDURE. 283 its various divisions which may become the causes of lawsuits. 2. I will proclaim in due order, according to truth, (the titles of law) beginning with the recovery of a debt and ending with (the title of) gambling with dice and betting on animals, as well as the subdivisions of the titles of law. 3. When a master pays wages to the labourers hired by him, for the purpose of doing work, and the labourers do not work, a lawsuit will arise in consequence. 4. When any man injures (another), or when he refuses to give what he ought to give: such are the two principal motives for going to law. Their subdivisions are manifold. 5. Lawsuits are of two kinds, according as they originate in (demands regarding) wealth or in injuries. Lawsuits originating in wealth are (divided again) into fourteen sorts ; those originating in injuries are of four sorts. 6. Lending money at interest; deposits (and treasure-trove) ; (the title) called invalid gifts ; concerns of a partnership; non-payment of wages ; disobedience ; disputes concerning land; sale without ownership ; 7. Revocation of sale and purchase; breach of 3, 4- Smritiz. prayakkhek ked bhritim svamt bhrityanam karma kurvatém | na kurvanti 4a bhrity4s Aet tatra vada’ pravartate il himsim yo kurute kaskid deyam va na prayakkfati | dve hi sthane vivadasya tayor bahutara gatiz u 5-9. Smritit. dvipido vyavahfrak syad dhanahimsfsamudbhavad | dvisaptakosrthamfilas tu hims4mulas Aaturvidhad i kusfdanidhyadeyékhyam sambhfyotthanam eva fa | bhrityadanam asusrsh4 bhfivadossvamivikraya’ krayavikrayanusaya# samayatikra- 284 BRIHASPATI. II, 8. agreements; the law between wife and husband; theft; the law of inheritance; and gambling with dice.
2II, 8. agreements; the law between wife and husband; theft; the law of inheritance; and gambling with dice. 8. These are the fourteen titles of law that originate in (demands regarding) wealth. There are again various subdivisions of them, owing to the diversity of lawsuits. g. The two kinds of insult ; violence ; and criminal connexion with the wife of another man: these have been declared by Brzhaspati to be the four titles of law originating in injury. 10. Each of them embraces again several different kinds, according as they are of a superior, middling, or of the lowest description. Thus are those four subdivided each in its turn. 11, Those who understand the eighteen titles of law, as proclaimed in the law-books, to be at the root of all lawsuits, are intelligent men indeed. 12. No sentence should be passed merely according to the letter of the law. Ifa decision is arrived at without considering the circumstances of the case, violation of justice will be the result. 13. The issue of a lawsuit may convert a thief into an honest man, and an honourable man into an mas tatha | stripumsayogah steyam ka d&yabh4goskshadevanam it evam arthasamutthani padani tu Aaturdasa | punar eva prabhinn&ni kriyabhed4d anekadhé n pdrushye dve s&hasas fa parastrisamgrahas tatha | himsodbhavapadany evam atvary 4ha brrhaspatif ro, 11. Smritiz. hfnamadhyottamatvena prabhinnani pr:thak prithak | visesha esham nirdishfas faturnim apy anukramat padany ash/adasaitani dharmas4strodit4ni tu | milam sarvavivadanam ye vidus te parikshak4 it 12-14. Viram. p. 18. See Narada I, 1, 42, 71 (above, pp. 16, 23). For the story of Mandavya, who was falsely charged with theft, see ibid. p. 16, note. TI, 20. GENERAL RULES OF PROCEDURE. 285 offender. MAzdavya acquired the reputation of a thief in consequence of a decision passed without considering the circumstances of the case. 14. Dishonest men may seem honest, and honest men dishonest, so that wrong notions may be easily created ; therefore sentences should be passed after due consideration of the circumstances only. 15. By killing an aggressor, a man does not commit sin by any means. He who takes the life of one approaching with intent to murder him is no offender. 16. If one abused returns the abuse, or if one struck strikes again, and kills the assailant, such a man commits no offence. 17. He who refrains from killing an aggressor who abuses him aloud, and is ready to murder him, (because the aggressor) is a virtuous man (otherwise) and practices regularly the recitation of the Veda, obtains the same reward as for performing a horsesacrifice. 18. The judgment in a doubtful matter is declared to be of four sorts, according as it is based on moral law, or on the issue of the case, or on custom, or on ‘an edict from the king. 19. Each of these has been declared to be twofold by the sages, owing to the diversity of legal affairs.
318. The judgment in a doubtful matter is declared to be of four sorts, according as it is based on moral law, or on the issue of the case, or on custom, or on ‘an edict from the king. 19. Each of these has been declared to be twofold by the sages, owing to the diversity of legal affairs. 20. When the matter in dispute has been decided according to equity, after due deliberation, and 15. Viram. p. 24. 16. Raghunandana, p. 9. 17. Viram. p. 25. 18. Viram. p. 8. See Narada I, 1, 11 (above, p. 7). 19-24. Viram. pp. 118, 119. I read, with Smrvtié., divyair va sodhitad in 21; pramamanisfito in 22 ; and pramamarahita in 24. 20, 21. The first kind is when the truth has been duly ascer- 286 BRIHASPATI. Il, ar. thoroughly examined by means of oaths (or ordeals), it should be known to be a judgment based on moral law. 21. When the defendant admits the accusation, or furnishes clear evidence of his innocence through performing an ordeal, it should be known to be another sort of a decision based on moral law. 22. A sentence founded on an examination of the evidence is termed (a decision based on) the issue of the case. When (the defendant) tells a lie, or makes no answer, it is also termed (a decision based on the issue of the case). 23. When a sentence is passed according to the inference (to be drawn from circumstantial evidence), it is termed (a decision based on) custom. When it is passed according to local usages, it is termed another sort (of a decision based on custom) by the learned in law. 24. A decision based on an edict from the king is ordained, first, for those cases in which no evidence is forthcoming. When the law-books or the judges are at variance with one another, the second sort (of this species of decisions) is said to be applicable. 25. When a sentence is passed exclusively according to the letter of the law, it should be con- tained and a sentence passed accordingly. The second kind is when no examination of the facts takes place, the question being settled either through a confession on the part of the defendant, or through the performance of an ordeal. Smriti#andrika. 22. The evidence here referred to can be human evidence only, i.e. the deposition of witnesses, documents, or possession, divine test being referred to in the two preceding texts. Smrttif. _ 23. ‘Inference,’ such as when a man is caught with a firebrand in his hand. Smritik. See Narada I, 18, 172-175 (above, pp. 85, 86). 25-27. Viram. pp. 120, 121. II, 32. GENERAL RULES OF PROCEDURE. 287 sidered as (a decision based on) the issue of the case. Moral law is overruled by it. 26. When a decision is passed in accordance with local custom, logic, or the opinion of the traders (living in that town), the issue of the case is overruled by it. 27. Where the king, disregarding established usage, passes a sentence (according to his own inclination), it is (called) an edict from the king, and local custom is overruled by 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.
133. They who are ignorant of the customs of the country, unbelievers, despisers of the sacred books, insane, irate, avaricious, or troubled (by pain or illness) should not be consulted in the decision of a cause. 34. A Brahman is the root of the tree of justice ; the sovereign prince is its stem and branches; the ministers are its leaves and blossoms ; just government is its fruit. 35. Renown and wealth are the sap of its fruit ; a dignified station, invincibility, esteem among men, and an eternal residence in paradise is enjoying its fruit. 36. Having recognised these advantages in (the pursuit of) justice, a king should be equitable towards litigants, and should pass a just sentence, discarding avarice and other (evil propensities). II. GENERAL RuLES OF PROCEDURE. 1. This legal procedure is declared, however, to be divided into a number of branches. Hear, now, 33. Smritik, desik4ranabhig#4 ye nastiké# sAstravargitah | unmattakruddhalubdhart4 na prash/avy4 vinirnaye ui 34-36. Viram. p.14. Read bhogostha grahapiganam in 35; vivadinam | tyaktva lobhadikam rég4 dharmyam in 36. II, 1, 2. Viram. p. 292. H, 7. GENERAL RULES OF PROCEDURE. 283 its various divisions which may become the causes of lawsuits. 2. I will proclaim in due order, according to truth, (the titles of law) beginning with the recovery of a debt and ending with (the title of) gambling with dice and betting on animals, as well as the subdivisions of the titles of law. 3. When a master pays wages to the labourers hired by him, for the purpose of doing work, and the labourers do not work, a lawsuit will arise in consequence. 4. When any man injures (another), or when he refuses to give what he ought to give: such are the two principal motives for going to law. Their subdivisions are manifold. 5. Lawsuits are of two kinds, according as they originate in (demands regarding) wealth or in injuries. Lawsuits originating in wealth are (divided again) into fourteen sorts ; those originating in injuries are of four sorts. 6. Lending money at interest; deposits (and treasure-trove) ; (the title) called invalid gifts ; concerns of a partnership; non-payment of wages ; disobedience ; disputes concerning land; sale without ownership ; 7. Revocation of sale and purchase; breach of 3, 4- Smritiz. prayakkhek ked bhritim svamt bhrityanam karma kurvatém | na kurvanti 4a bhrity4s Aet tatra vada’ pravartate il himsim yo kurute kaskid deyam va na prayakkfati | dve hi sthane vivadasya tayor bahutara gatiz u 5-9. Smritit. dvipido vyavahfrak syad dhanahimsfsamudbhavad | dvisaptakosrthamfilas tu hims4mulas Aaturvidhad i kusfdanidhyadeyékhyam sambhfyotthanam eva fa | bhrityadanam asusrsh4 bhfivadossvamivikraya’ krayavikrayanusaya# samayatikra- 284 BRIHASPATI. II, 8. agreements; the law between wife and husband; theft; the law of inheritance; and gambling with dice.
2II, 8. agreements; the law between wife and husband; theft; the law of inheritance; and gambling with dice. 8. These are the fourteen titles of law that originate in (demands regarding) wealth. There are again various subdivisions of them, owing to the diversity of lawsuits. g. The two kinds of insult ; violence ; and criminal connexion with the wife of another man: these have been declared by Brzhaspati to be the four titles of law originating in injury. 10. Each of them embraces again several different kinds, according as they are of a superior, middling, or of the lowest description. Thus are those four subdivided each in its turn. 11, Those who understand the eighteen titles of law, as proclaimed in the law-books, to be at the root of all lawsuits, are intelligent men indeed. 12. No sentence should be passed merely according to the letter of the law. Ifa decision is arrived at without considering the circumstances of the case, violation of justice will be the result. 13. The issue of a lawsuit may convert a thief into an honest man, and an honourable man into an mas tatha | stripumsayogah steyam ka d&yabh4goskshadevanam it evam arthasamutthani padani tu Aaturdasa | punar eva prabhinn&ni kriyabhed4d anekadhé n pdrushye dve s&hasas fa parastrisamgrahas tatha | himsodbhavapadany evam atvary 4ha brrhaspatif ro, 11. Smritiz. hfnamadhyottamatvena prabhinnani pr:thak prithak | visesha esham nirdishfas faturnim apy anukramat padany ash/adasaitani dharmas4strodit4ni tu | milam sarvavivadanam ye vidus te parikshak4 it 12-14. Viram. p. 18. See Narada I, 1, 42, 71 (above, pp. 16, 23). For the story of Mandavya, who was falsely charged with theft, see ibid. p. 16, note. TI, 20. GENERAL RULES OF PROCEDURE. 285 offender. MAzdavya acquired the reputation of a thief in consequence of a decision passed without considering the circumstances of the case. 14. Dishonest men may seem honest, and honest men dishonest, so that wrong notions may be easily created ; therefore sentences should be passed after due consideration of the circumstances only. 15. By killing an aggressor, a man does not commit sin by any means. He who takes the life of one approaching with intent to murder him is no offender. 16. If one abused returns the abuse, or if one struck strikes again, and kills the assailant, such a man commits no offence. 17. He who refrains from killing an aggressor who abuses him aloud, and is ready to murder him, (because the aggressor) is a virtuous man (otherwise) and practices regularly the recitation of the Veda, obtains the same reward as for performing a horsesacrifice. 18. The judgment in a doubtful matter is declared to be of four sorts, according as it is based on moral law, or on the issue of the case, or on custom, or on ‘an edict from the king. 19. Each of these has been declared to be twofold by the sages, owing to the diversity of legal affairs.
318. The judgment in a doubtful matter is declared to be of four sorts, according as it is based on moral law, or on the issue of the case, or on custom, or on ‘an edict from the king. 19. Each of these has been declared to be twofold by the sages, owing to the diversity of legal affairs. 20. When the matter in dispute has been decided according to equity, after due deliberation, and 15. Viram. p. 24. 16. Raghunandana, p. 9. 17. Viram. p. 25. 18. Viram. p. 8. See Narada I, 1, 11 (above, p. 7). 19-24. Viram. pp. 118, 119. I read, with Smrvtié., divyair va sodhitad in 21; pramamanisfito in 22 ; and pramamarahita in 24. 20, 21. The first kind is when the truth has been duly ascer- 286 BRIHASPATI. Il, ar. thoroughly examined by means of oaths (or ordeals), it should be known to be a judgment based on moral law. 21. When the defendant admits the accusation, or furnishes clear evidence of his innocence through performing an ordeal, it should be known to be another sort of a decision based on moral law. 22. A sentence founded on an examination of the evidence is termed (a decision based on) the issue of the case. When (the defendant) tells a lie, or makes no answer, it is also termed (a decision based on the issue of the case). 23. When a sentence is passed according to the inference (to be drawn from circumstantial evidence), it is termed (a decision based on) custom. When it is passed according to local usages, it is termed another sort (of a decision based on custom) by the learned in law. 24. A decision based on an edict from the king is ordained, first, for those cases in which no evidence is forthcoming. When the law-books or the judges are at variance with one another, the second sort (of this species of decisions) is said to be applicable. 25. When a sentence is passed exclusively according to the letter of the law, it should be con- tained and a sentence passed accordingly. The second kind is when no examination of the facts takes place, the question being settled either through a confession on the part of the defendant, or through the performance of an ordeal. Smriti#andrika. 22. The evidence here referred to can be human evidence only, i.e. the deposition of witnesses, documents, or possession, divine test being referred to in the two preceding texts. Smrttif. _ 23. ‘Inference,’ such as when a man is caught with a firebrand in his hand. Smritik. See Narada I, 18, 172-175 (above, pp. 85, 86). 25-27. Viram. pp. 120, 121. II, 32. GENERAL RULES OF PROCEDURE. 287 sidered as (a decision based on) the issue of the case. Moral law is overruled by it. 26. When a decision is passed in accordance with local custom, logic, or the opinion of the traders (living in that town), the issue of the case is overruled by it. 27. Where the king, disregarding established usage, passes a sentence (according to his own inclination), it is (called) an edict from the king, and local custom is overruled by 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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