Fetching
One moment.
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One moment.
Romanised transliteration as printed by the translator, not the original script. This is what we hold.
127. 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. 28. The time-honoured institutions of each country, caste, and family should be preserved intact ; otherwise the people would rise in rebellion; the subjects would become disaffected towards their rulers; and the army and treasure would be destroyed. 29. The maternal uncle’s daughter is taken in marriage among the twice-born inhabitants of the South. In the central country (Madhyadesa), they become labourers or artizans, and eat cows. 30. The inhabitants of the East are fish-eaters, and their women engage in promiscuous intercourse. In the North the women take intoxicating drinks, and in their courses have intercourse with men. 31. The people of Khasa marry the widow of a brother who has died. These men are not subject to the performance of a penance or to punishment on account of any such offence. 32. Thus has legal procedure with its manifold 28-31. Viram. p. 29; May. p. 5. I read pfirve for sarve in 30, with Mayfikha, Kalpataru, and other compilations. Baudh4yana I, 2, 1-7. 32. Smritit. evam kanekadha prokto vyavahéro manfshibhif | tasya nirzayakrid raga bréhmamas 4a bahusrutah t 288 BRIHASPATI. I, 33- ramifications been represented by the sages, The sentence in a legal controversy has to be passed by the king or by a Brahman thoroughly versed in the Veda. 33. Against whomsoever an accusation has been raised, whether founded on fact or on suspicion, let the king summon that man either through (a letter signed with) his seal or through an attendant. 34. For one timorous, or idiotic, or mad, or overaged, and for women, boys, and sick persons, a kinsman or appointed agent should proffer the plaint or answer (as their representative). 35. When a man who has a family and relations ‘does not appear before the court through pride after having been summoned, (the king or judge) should inflict on him punishment corresponding to the nature of the accusation. 36. (The plaintiff) is not permitted to put under restraint a person engaged in study; nor one about to marry; nor one sick; nor one afflicted by sorrow; nor one insane; nor an infant; nor one intoxicated ; nor a very old man; nor one charged with a crime; nor one engaged in the king’s service; nor one performing a vow; , 37. Nor a soldier at the time of battle; nor a husbandman at the time of harvest; nor one in a perilous situation; nor a (respectable) woman; nor one not his own master, 38. A king thus obeying the dictates of law in passing sentences, acquires widespread renown in 33. Viram. p. 52. 34. Viram. p. 53. 35. May. p. 8. 36, 37. Viram. p. 56. 38. Viram. p. 125. IIT, 2. THE PLAINT. 289 this world and becomes an associate of great Indra (after death).
2A king thus obeying the dictates of law in passing sentences, acquires widespread renown in 33. Viram. p. 52. 34. Viram. p. 53. 35. May. p. 8. 36, 37. Viram. p. 56. 38. Viram. p. 125. IIT, 2. THE PLAINT. 289 this world and becomes an associate of great Indra (after death). 39. He who effects a perfect cure, by the application of surgical instruments smeared with the ointment of law, of persons blinded by ignorance, and whose eyes are veiled with a mist of doubt, 40. Obtains fame and royal favours in this world and a residence in heaven. Therefore should a decision be passed for those who are blinded by doubt. 41. An officiating priest and one entrusted with the trial of causes are declared to be equal. Ina sacrifice, the sacrificer acquires religious merit; in a lawsuit, (the parties obtain) defeat or victory. 42. He who, divesting himself of avarice, hatred, and other (evil propensities), passes sentences according to the dictates of law, obtains the same reward as for the performance of a sacrifice. III. Tue Pvarnt. 1. The part called the declaration; the part called the answer; the part called the trial; and the part called the deliberation of the judges regarding the onus probandi: these are the four parts of a judicial proceeding. 2. The plaint is called the (First part; the answer is the second part; the trial is the third part; and the judgment is the fourth part. 39, 40. Raghunandana, p. 3. I read svargatim for sadgatim, with Smritid. 41. Raghunandana, p. 7. 42. Smritik. lobhadveshadikam tyaktva yak kuryat karyanirnayam | sastroditena vidhina tasya yag#aphalam bhavet i III, 1, 2. Viram. pp. 59, 60. [33] U 290 BRIHASPATI. III, 3. 3. In the case of a denial, (a judicial proceeding) consists of four parts; likewise, in the case of a special plea; the same rule applies to a plea of former judgment ; but in the case of a confession, it has two parts only. 4. When plaintiff and defendant come together, each claiming to be first, their declarations should be received in the order of their castes, or after considering their respective grievances. 5. Those acquainted with (the true nature of) a plaint declare that to be a (proper) plaint, which is free from the defects of a declaration, susceptible of proof, provided with good arguments, precise, and reasonable, 6. Brief in words, rich in contents, unambiguous, free from confusion, devoid of improper arguments, and capable of meeting opposite arguments ; 7. When a plaint of this description has been proffered by the plaintiff, the defendant should tender an answer conformable to such plaint. 3. Viram. p. 59.
3When a plaint of this description has been proffered by the plaintiff, the defendant should tender an answer conformable to such plaint. 3. Viram. p. 59. 4. Viram. p. 60. ‘When Brahmans and others have entered the judicial assembly simultaneously, the four parts of a judicial proceeding should be instituted in the order of their castes, the Brahman’s cause being tried first of all by the king, then the Kshatriya’s, and so on, in the order (of their castes). If the comparative importance or heaviness of the respective grievances of each party differs, the order in which the causes are tried is not made to depend either on the relative priority of each declaration, or on the respective caste of the parties. If they are all of equal caste, the relative priority of the declarations is taken into account. If the declarations have been simultaneous, and if the litigants are equal in caste, and their grievances are also equal, the order is made to depend on the choice of the judge and of the assessors of the court.’ Viram. 5-7. Raghunandana, p. 12. ITI, 13. THE PLAINT. 29I 8. The above and other qualities (of a plaint) having been duly considered, a plaint (containing them) may be regarded as a proper plaint; one not answering this description is a mere semblance of a plaint. 9. That (plaint) which (mentions an act that) has never been done by anybody is called impossible ; one referring to a slight offence, or to a trifling sum, is called unmeaning ; one in which neither a demand nor a grievance is referred to, should be known to be purposeless. 10. (Or) that plaint is unmeaning which does not concern one of the (fourteen) titles of law relating to the lending of money at interest and so forth; and that plaint is purposeless which does not concern one of the (four) titles of law relating to insult and so forth. 11. (When a claimant declares): This man is bound to give me a bow made of the horn of a hare, the wise declare such a plaint to be unreasonable and unsusceptible of proof. 12. When the interests of a town or kingdom are violated by bringing a certain plaint before a chief judge or before the king, it is termed a plaint contrary (to equity). 13. When a man, (whether) acting as plaintiff (or as defendant), is forsaken by his strength on being about to make a statement in a suit, it is proper 8. Smritiz, evam4di guz4n samyag Alokya 4a sunistitam | pakshah kritah samAdeyah pakshAbh4sas tv ato=nyatha 9. Viram. p. 66. 10. Viram. p. 67. Regarding the titles of law, see Bréhaspati, II, 5-9. 11,12, Viram. p. 67. 13. Raghunandana, p. 11. U2 292 BRIHASPATI. IM, 14. that a delay should be granted to him, according to circumstances and according to his ability. 14. Let him remove superfluous statements and amplify incomplete ones, and let him write down (everything) on the floor, till the (whole) matter has been definitely stated.
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.
127. 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. 28. The time-honoured institutions of each country, caste, and family should be preserved intact ; otherwise the people would rise in rebellion; the subjects would become disaffected towards their rulers; and the army and treasure would be destroyed. 29. The maternal uncle’s daughter is taken in marriage among the twice-born inhabitants of the South. In the central country (Madhyadesa), they become labourers or artizans, and eat cows. 30. The inhabitants of the East are fish-eaters, and their women engage in promiscuous intercourse. In the North the women take intoxicating drinks, and in their courses have intercourse with men. 31. The people of Khasa marry the widow of a brother who has died. These men are not subject to the performance of a penance or to punishment on account of any such offence. 32. Thus has legal procedure with its manifold 28-31. Viram. p. 29; May. p. 5. I read pfirve for sarve in 30, with Mayfikha, Kalpataru, and other compilations. Baudh4yana I, 2, 1-7. 32. Smritit. evam kanekadha prokto vyavahéro manfshibhif | tasya nirzayakrid raga bréhmamas 4a bahusrutah t 288 BRIHASPATI. I, 33- ramifications been represented by the sages, The sentence in a legal controversy has to be passed by the king or by a Brahman thoroughly versed in the Veda. 33. Against whomsoever an accusation has been raised, whether founded on fact or on suspicion, let the king summon that man either through (a letter signed with) his seal or through an attendant. 34. For one timorous, or idiotic, or mad, or overaged, and for women, boys, and sick persons, a kinsman or appointed agent should proffer the plaint or answer (as their representative). 35. When a man who has a family and relations ‘does not appear before the court through pride after having been summoned, (the king or judge) should inflict on him punishment corresponding to the nature of the accusation. 36. (The plaintiff) is not permitted to put under restraint a person engaged in study; nor one about to marry; nor one sick; nor one afflicted by sorrow; nor one insane; nor an infant; nor one intoxicated ; nor a very old man; nor one charged with a crime; nor one engaged in the king’s service; nor one performing a vow; , 37. Nor a soldier at the time of battle; nor a husbandman at the time of harvest; nor one in a perilous situation; nor a (respectable) woman; nor one not his own master, 38. A king thus obeying the dictates of law in passing sentences, acquires widespread renown in 33. Viram. p. 52. 34. Viram. p. 53. 35. May. p. 8. 36, 37. Viram. p. 56. 38. Viram. p. 125. IIT, 2. THE PLAINT. 289 this world and becomes an associate of great Indra (after death).
2A king thus obeying the dictates of law in passing sentences, acquires widespread renown in 33. Viram. p. 52. 34. Viram. p. 53. 35. May. p. 8. 36, 37. Viram. p. 56. 38. Viram. p. 125. IIT, 2. THE PLAINT. 289 this world and becomes an associate of great Indra (after death). 39. He who effects a perfect cure, by the application of surgical instruments smeared with the ointment of law, of persons blinded by ignorance, and whose eyes are veiled with a mist of doubt, 40. Obtains fame and royal favours in this world and a residence in heaven. Therefore should a decision be passed for those who are blinded by doubt. 41. An officiating priest and one entrusted with the trial of causes are declared to be equal. Ina sacrifice, the sacrificer acquires religious merit; in a lawsuit, (the parties obtain) defeat or victory. 42. He who, divesting himself of avarice, hatred, and other (evil propensities), passes sentences according to the dictates of law, obtains the same reward as for the performance of a sacrifice. III. Tue Pvarnt. 1. The part called the declaration; the part called the answer; the part called the trial; and the part called the deliberation of the judges regarding the onus probandi: these are the four parts of a judicial proceeding. 2. The plaint is called the (First part; the answer is the second part; the trial is the third part; and the judgment is the fourth part. 39, 40. Raghunandana, p. 3. I read svargatim for sadgatim, with Smritid. 41. Raghunandana, p. 7. 42. Smritik. lobhadveshadikam tyaktva yak kuryat karyanirnayam | sastroditena vidhina tasya yag#aphalam bhavet i III, 1, 2. Viram. pp. 59, 60. [33] U 290 BRIHASPATI. III, 3. 3. In the case of a denial, (a judicial proceeding) consists of four parts; likewise, in the case of a special plea; the same rule applies to a plea of former judgment ; but in the case of a confession, it has two parts only. 4. When plaintiff and defendant come together, each claiming to be first, their declarations should be received in the order of their castes, or after considering their respective grievances. 5. Those acquainted with (the true nature of) a plaint declare that to be a (proper) plaint, which is free from the defects of a declaration, susceptible of proof, provided with good arguments, precise, and reasonable, 6. Brief in words, rich in contents, unambiguous, free from confusion, devoid of improper arguments, and capable of meeting opposite arguments ; 7. When a plaint of this description has been proffered by the plaintiff, the defendant should tender an answer conformable to such plaint. 3. Viram. p. 59.
3When a plaint of this description has been proffered by the plaintiff, the defendant should tender an answer conformable to such plaint. 3. Viram. p. 59. 4. Viram. p. 60. ‘When Brahmans and others have entered the judicial assembly simultaneously, the four parts of a judicial proceeding should be instituted in the order of their castes, the Brahman’s cause being tried first of all by the king, then the Kshatriya’s, and so on, in the order (of their castes). If the comparative importance or heaviness of the respective grievances of each party differs, the order in which the causes are tried is not made to depend either on the relative priority of each declaration, or on the respective caste of the parties. If they are all of equal caste, the relative priority of the declarations is taken into account. If the declarations have been simultaneous, and if the litigants are equal in caste, and their grievances are also equal, the order is made to depend on the choice of the judge and of the assessors of the court.’ Viram. 5-7. Raghunandana, p. 12. ITI, 13. THE PLAINT. 29I 8. The above and other qualities (of a plaint) having been duly considered, a plaint (containing them) may be regarded as a proper plaint; one not answering this description is a mere semblance of a plaint. 9. That (plaint) which (mentions an act that) has never been done by anybody is called impossible ; one referring to a slight offence, or to a trifling sum, is called unmeaning ; one in which neither a demand nor a grievance is referred to, should be known to be purposeless. 10. (Or) that plaint is unmeaning which does not concern one of the (fourteen) titles of law relating to the lending of money at interest and so forth; and that plaint is purposeless which does not concern one of the (four) titles of law relating to insult and so forth. 11. (When a claimant declares): This man is bound to give me a bow made of the horn of a hare, the wise declare such a plaint to be unreasonable and unsusceptible of proof. 12. When the interests of a town or kingdom are violated by bringing a certain plaint before a chief judge or before the king, it is termed a plaint contrary (to equity). 13. When a man, (whether) acting as plaintiff (or as defendant), is forsaken by his strength on being about to make a statement in a suit, it is proper 8. Smritiz, evam4di guz4n samyag Alokya 4a sunistitam | pakshah kritah samAdeyah pakshAbh4sas tv ato=nyatha 9. Viram. p. 66. 10. Viram. p. 67. Regarding the titles of law, see Bréhaspati, II, 5-9. 11,12, Viram. p. 67. 13. Raghunandana, p. 11. U2 292 BRIHASPATI. IM, 14. that a delay should be granted to him, according to circumstances and according to his ability. 14. Let him remove superfluous statements and amplify incomplete ones, and let him write down (everything) on the floor, till the (whole) matter has been definitely stated.
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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