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Romanised transliteration as printed by the translator, not the original script. This is what we hold.
1IM, 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. 15. The plaintiff is at liberty to alter his declaration, when it is defective or redundant, till the defendant has tendered his answer in the presence of the judges. 16. When the plaintiff through timorousness does “not dare to speak, it devolves on the judges to amend his declaration, according to the circumstances of the case. 17. A charge founded on suspicion, (one founded on) fact, a petition regarding the recovery of a debt, and claiming a fresh trial of a cause previously tried : thus a plaint is represented as fourfold. 18. The plaint is fourfold, and so is the answer ; the judgment is declared to be of four kinds also; by some it is represented as being of eight sorts. 19. Suspicion is explained to mean doubt ; fact is (said to be) an insight into the real nature of a matter; a petition regarding the recovery of a debt is (plea of) error; a fresh trial is the repetition of a previous trial. IV. Tue ANSWER. 1. When the plaint has been well defined, a clear exposition given of what is claimed and what not, and the meaning of the plaint fully established, (the 14. Viram. p. 70. 15. Raghunandana, p. 14. 16-19. Viram. p. 71. IV, 1. Viram. p. 72. IV, 8 THE ANSWER. 293 judge) shall then cause the answer to be written (by the defendant). 2. If the defendant does not make an answer fully meeting the contents of the plaint, he shall be compelled to pay by gentle remonstrances, and the other (two) methods (to be indicated directly), 3. Kindly speeches are gentle remonstrances; intimidation is pointing out dangers; force consists of depriving one of his property, or striking, or binding him. 4. When a man makes no answer, though both (mild and harsh methods) have been adopted against him, he is defeated, and liable to punishment after the lapse of a week. 5. When the defendant asks for a delay through (natural) timidity, or terror, or because his memory has been deranged, the delay shall be granted to him. 6. He should be allowed (a delay extending to) one day, or three days, or five days, or seven days, or a fortnight, or a month, or three seasons (equalling six months), or a year, according to his ability. 7. The insane and intoxicated, those abandoned by their relatives or friends, those charged with a heavy crime, idiots, persons cast off from society, and infants, should be considered unable to deliver an answer, 8. One should not cause to be written an answer 2-4. Viram. p. 74. 5, 6. Viram. p. 138. 7. Tod. unmattamattanirdhfité mah&patakadfshiték 1 gadapaviddhab4las ka vig#iey4s te niruttaraZ | Such persons should appoint an agent to deliver the answer in their place. - Zod.
2One should not cause to be written an answer 2-4. Viram. p. 74. 5, 6. Viram. p. 138. 7. Tod. unmattamattanirdhfité mah&patakadfshiték 1 gadapaviddhab4las ka vig#iey4s te niruttaraZ | Such persons should appoint an agent to deliver the answer in their place. - Zod. 8. Smritif, prastutinyam 4a madhyastham nyfinadhikam asamgatam | avy4pyaséram samdigdham pratipaksham na lekhayet it 294 BRIHASPATI. IV, 9. which wanders from the subject, or which is not to the point, too confined or too extensive, or not in conformity with the plaint, or not thorough enough, or absurd, or ambiguous. ° g. If (the defendant) confesses, he shall state his confession ; in the case of a denial, he shall cause (his denial) to be written ; and so (should he record) his special plea in an answer by special plea, and his previous victory in an answer by previous victory. 10. A denial called forth by fear (of punishment) is contemptible in the eyes of men familiar with law; a true confession is declared to be meritorious. 11. In a plea by victory in a former trial, a true statement is praised by the virtuous; a false one is sinful and causes the defeat of the defendant. V. Tue TRIAL. . 1. When litigants are quarrelling in a court of justice, the judges, after examining the answer, shall adjudge the burden of proof to either of the two parties. 2. The judges having heard both the plaint and the answer, and determined to which party the burden of proof shall be adjudged, that person shall substantiate the whole of his declaration by documents or other proofs. 3. The plaintiff shall prove his declaration, and g-t1. Zod. tathye tathyam prayufgita mithyAyam Aapi lekhayet | kfranam karanopete praggaye tu gayam tath4 w bhayadr:sh/odbhava mithy4 garhita sistravedibhif 1 satya sampratipattis tu dharmy4 s4 parikirtita \ prannya&yakarave tathyam slaghyam sadbhir udahritam | viparitam adharmyam sy4t pratyartht hanim apnuyét i V, 1-3. Viram. pp. 92, 93. V, 10. THE TRIAL. 295 the defendant his special plea; victory in a previous trial shall be proved by a document recording that victory. 4. When people try to excite fear, or to cause dissension, or terror (among the judges or witnesses), or to throw (other) obstacles in their way, such litigants lose their suit. 5. One who absconds after receiving the summons; one who remains silent; one convicted (of a crime) by the (depositions of) witnesses; and one who admits the correctness of the charge: such are the four losers of their suit. 6. One who absconds loses the suit after three fortnights; one who remains silent, after a week; and one convicted by the witnesses, or confessing his crime, all at once. 7. He who announces witnesses and does not produce them afterwards, within thirty days or three fortnights, suffers defeat in consequence. 8. When a person has promised to appear at a trial or for the performance of an ordeal, and does not make his appearance, it must not be viewed as fraud.
37. He who announces witnesses and does not produce them afterwards, within thirty days or three fortnights, suffers defeat in consequence. 8. When a person has promised to appear at a trial or for the performance of an ordeal, and does not make his appearance, it must not be viewed as fraud. g. If an obstacle caused by fate or the king should intervene during that time, he does not lose his cause through the mere non-observance of the fixed period. 10. Those (litigants) who make a private arrangement with one another, when the plaint and the 4. Viram. p. 99. 5. Viram. p. 102. 6, 7. Viram. p. ro2. 8. Viram. p. 103. I read kritvopasthananistayam | with Smritifandrika. g. Viram. p. 103. to. Viram. p. 103. 296 BRIHASPATI. V, 11. answer have been delivered, and the judgment is about to be given, shall be compelled to pay twice the amount (in dispute) as a fine. 11, When the plaint and the answer have been reduced to writing, and the trial has commenced, the two parties may be welded together like two pieces of red-hot iron. 12. While both parties are in suspense there regarding the (approaching declarations of the) witnesses and judges, those litigants are clever who arrive at a mutual understanding while the uncertainty lasts. 13. When the evidence is equally strong on both sides, and law and custom divided, in such a case a mutual reconciliation between the two parties through royal order is recommended. 14. Gain of religious merit and wealth, and renown accrues to the ruler from an equitable decision; the witnesses and assessors are exempt from censure, and enmity ceases, 15. When an unfavourable or a favourable decree, punishment or praise, renown or infamy has been obtained ; whereas (continued) strife among men leads to sin. 16. Therefore should an intelligent (prince) enact that which has been propounded by dutiful and equitable associations, corporations, and chief judges, (in an impartial spirit) devoid of malice and avarice. 11-16. Viram. p.104. Read dvayo samtaptayo in 11, with Smritifandriké. 12. The translation follows the gloss of the Kalpataru, as quoted in the Viramitrodaya, The Ratndkara (ibid.) translates the first half as follows: ‘When the witnesses and judges are at variance with one another,’ VI, 2. THE JUDGMENT. 297 17. Evidence is declared to be twofold, human and divine. Each of these is again divided into a number of branches by sages declaring the essence of things. 18. Human evidence is threefold, as it consists of witnesses, writings, and inference. Witnesses are of twelve sorts; writings are declared to be tenfold; inference is twofold; divine test is ninefold. 19. In the case of an answer of the first or third kinds, divine and human proof should be employed ; but in the case of an answer of the fourth kind, an attested document recording the success of either party should be produced.
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.
1IM, 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. 15. The plaintiff is at liberty to alter his declaration, when it is defective or redundant, till the defendant has tendered his answer in the presence of the judges. 16. When the plaintiff through timorousness does “not dare to speak, it devolves on the judges to amend his declaration, according to the circumstances of the case. 17. A charge founded on suspicion, (one founded on) fact, a petition regarding the recovery of a debt, and claiming a fresh trial of a cause previously tried : thus a plaint is represented as fourfold. 18. The plaint is fourfold, and so is the answer ; the judgment is declared to be of four kinds also; by some it is represented as being of eight sorts. 19. Suspicion is explained to mean doubt ; fact is (said to be) an insight into the real nature of a matter; a petition regarding the recovery of a debt is (plea of) error; a fresh trial is the repetition of a previous trial. IV. Tue ANSWER. 1. When the plaint has been well defined, a clear exposition given of what is claimed and what not, and the meaning of the plaint fully established, (the 14. Viram. p. 70. 15. Raghunandana, p. 14. 16-19. Viram. p. 71. IV, 1. Viram. p. 72. IV, 8 THE ANSWER. 293 judge) shall then cause the answer to be written (by the defendant). 2. If the defendant does not make an answer fully meeting the contents of the plaint, he shall be compelled to pay by gentle remonstrances, and the other (two) methods (to be indicated directly), 3. Kindly speeches are gentle remonstrances; intimidation is pointing out dangers; force consists of depriving one of his property, or striking, or binding him. 4. When a man makes no answer, though both (mild and harsh methods) have been adopted against him, he is defeated, and liable to punishment after the lapse of a week. 5. When the defendant asks for a delay through (natural) timidity, or terror, or because his memory has been deranged, the delay shall be granted to him. 6. He should be allowed (a delay extending to) one day, or three days, or five days, or seven days, or a fortnight, or a month, or three seasons (equalling six months), or a year, according to his ability. 7. The insane and intoxicated, those abandoned by their relatives or friends, those charged with a heavy crime, idiots, persons cast off from society, and infants, should be considered unable to deliver an answer, 8. One should not cause to be written an answer 2-4. Viram. p. 74. 5, 6. Viram. p. 138. 7. Tod. unmattamattanirdhfité mah&patakadfshiték 1 gadapaviddhab4las ka vig#iey4s te niruttaraZ | Such persons should appoint an agent to deliver the answer in their place. - Zod.
2One should not cause to be written an answer 2-4. Viram. p. 74. 5, 6. Viram. p. 138. 7. Tod. unmattamattanirdhfité mah&patakadfshiték 1 gadapaviddhab4las ka vig#iey4s te niruttaraZ | Such persons should appoint an agent to deliver the answer in their place. - Zod. 8. Smritif, prastutinyam 4a madhyastham nyfinadhikam asamgatam | avy4pyaséram samdigdham pratipaksham na lekhayet it 294 BRIHASPATI. IV, 9. which wanders from the subject, or which is not to the point, too confined or too extensive, or not in conformity with the plaint, or not thorough enough, or absurd, or ambiguous. ° g. If (the defendant) confesses, he shall state his confession ; in the case of a denial, he shall cause (his denial) to be written ; and so (should he record) his special plea in an answer by special plea, and his previous victory in an answer by previous victory. 10. A denial called forth by fear (of punishment) is contemptible in the eyes of men familiar with law; a true confession is declared to be meritorious. 11. In a plea by victory in a former trial, a true statement is praised by the virtuous; a false one is sinful and causes the defeat of the defendant. V. Tue TRIAL. . 1. When litigants are quarrelling in a court of justice, the judges, after examining the answer, shall adjudge the burden of proof to either of the two parties. 2. The judges having heard both the plaint and the answer, and determined to which party the burden of proof shall be adjudged, that person shall substantiate the whole of his declaration by documents or other proofs. 3. The plaintiff shall prove his declaration, and g-t1. Zod. tathye tathyam prayufgita mithyAyam Aapi lekhayet | kfranam karanopete praggaye tu gayam tath4 w bhayadr:sh/odbhava mithy4 garhita sistravedibhif 1 satya sampratipattis tu dharmy4 s4 parikirtita \ prannya&yakarave tathyam slaghyam sadbhir udahritam | viparitam adharmyam sy4t pratyartht hanim apnuyét i V, 1-3. Viram. pp. 92, 93. V, 10. THE TRIAL. 295 the defendant his special plea; victory in a previous trial shall be proved by a document recording that victory. 4. When people try to excite fear, or to cause dissension, or terror (among the judges or witnesses), or to throw (other) obstacles in their way, such litigants lose their suit. 5. One who absconds after receiving the summons; one who remains silent; one convicted (of a crime) by the (depositions of) witnesses; and one who admits the correctness of the charge: such are the four losers of their suit. 6. One who absconds loses the suit after three fortnights; one who remains silent, after a week; and one convicted by the witnesses, or confessing his crime, all at once. 7. He who announces witnesses and does not produce them afterwards, within thirty days or three fortnights, suffers defeat in consequence. 8. When a person has promised to appear at a trial or for the performance of an ordeal, and does not make his appearance, it must not be viewed as fraud.
37. He who announces witnesses and does not produce them afterwards, within thirty days or three fortnights, suffers defeat in consequence. 8. When a person has promised to appear at a trial or for the performance of an ordeal, and does not make his appearance, it must not be viewed as fraud. g. If an obstacle caused by fate or the king should intervene during that time, he does not lose his cause through the mere non-observance of the fixed period. 10. Those (litigants) who make a private arrangement with one another, when the plaint and the 4. Viram. p. 99. 5. Viram. p. 102. 6, 7. Viram. p. ro2. 8. Viram. p. 103. I read kritvopasthananistayam | with Smritifandrika. g. Viram. p. 103. to. Viram. p. 103. 296 BRIHASPATI. V, 11. answer have been delivered, and the judgment is about to be given, shall be compelled to pay twice the amount (in dispute) as a fine. 11, When the plaint and the answer have been reduced to writing, and the trial has commenced, the two parties may be welded together like two pieces of red-hot iron. 12. While both parties are in suspense there regarding the (approaching declarations of the) witnesses and judges, those litigants are clever who arrive at a mutual understanding while the uncertainty lasts. 13. When the evidence is equally strong on both sides, and law and custom divided, in such a case a mutual reconciliation between the two parties through royal order is recommended. 14. Gain of religious merit and wealth, and renown accrues to the ruler from an equitable decision; the witnesses and assessors are exempt from censure, and enmity ceases, 15. When an unfavourable or a favourable decree, punishment or praise, renown or infamy has been obtained ; whereas (continued) strife among men leads to sin. 16. Therefore should an intelligent (prince) enact that which has been propounded by dutiful and equitable associations, corporations, and chief judges, (in an impartial spirit) devoid of malice and avarice. 11-16. Viram. p.104. Read dvayo samtaptayo in 11, with Smritifandriké. 12. The translation follows the gloss of the Kalpataru, as quoted in the Viramitrodaya, The Ratndkara (ibid.) translates the first half as follows: ‘When the witnesses and judges are at variance with one another,’ VI, 2. THE JUDGMENT. 297 17. Evidence is declared to be twofold, human and divine. Each of these is again divided into a number of branches by sages declaring the essence of things. 18. Human evidence is threefold, as it consists of witnesses, writings, and inference. Witnesses are of twelve sorts; writings are declared to be tenfold; inference is twofold; divine test is ninefold. 19. In the case of an answer of the first or third kinds, divine and human proof should be employed ; but in the case of an answer of the fourth kind, an attested document recording the success of either party should be produced.
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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