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Romanised transliteration as printed by the translator, not the original script. This is what we hold.
126. He whose documents or witnesses are objected to in a suit, cannot gain his cause till he has removed the objections raised against it. 27. I will now state, according to the rules of science, which men may be appointed as witnesses, and which others should be avoided as being low wretches. 28. Those may be witnesses who are in the habit of performing religious ceremonies taught in the Vedas and Smrttis, free from covetousness and malice, of respectable parentage, irreproachable, and zealous in performing austerities, practising liberality, and exhibiting sympathy (with all living creatures). 29. The mother’s father, the father’s brother, the 23. Viram. p. 172. 24. May. p. 25. I read arthf, for arthe, with Viram. 25. May. p. 26. 26. May. p. 27. 27. Smritit. prashfavyah sakshizo ye tu vargyfs saiva naradhamaf 1 tén aham kathayishyAmi sdmpratam sdstrakoditin u srautasmartakriy4yukt4 lobhadveshavivargitiA 1 kulfnas sfkshino snindyds tapodénadayanvitas ut 29. May. p. 25. VII, 35. WITNESSES. 303 wife’s brother and maternal uncle, a brother, a friend, and a son-in-law are inadmissible witnesses in all disputes. 30. Persons addicted to adultery or to drinking, gamblers, those who calumniate everybody, the insane, the suffering, violent persons, and unbelievers cannot act as witnesses. 31. If a witness being summoned does not make his appearance, without being ill, he should be made to pay the debt and a fine, after the lapse of three fortnights. 32. Where the contents of the plaint have been fully corroborated by the witnesses, it is (valid) testimony; in every other case (the plaintiff) will not succeed with his claim. 33. When nothing less (than what has been declared in the plaint) is stated with regard to place, time, age, caste, number, matter, and quantity, the cause should be considered to have been proved. 34. Let him preserve, even by telling a lie, a Brahman who has once sinned through error and is in peril of his life and oppressed by rogues or other (enemies). 35. In aconflict between witnesses, (the testimony of) the majority should be received; when the number is equal (on both sides, the testimony of) 30. Viram. p. 160. 31. Smritiz. Ahfto yas tu nagakkhet sakshf rogavivargitah | rinam damam ka dapyas sy4t tripakshat paratas tu saz Nl 32. Smritif. yatrasesh4h pratig#4rthah sikshibhid prativarnitah 1 sfkshyam sy4d anyatha tu tam sadhy4rtham na samapnuyét 33. May. p. 29. 34. Smritié. sakrit pramAd4parfdhivipram vyapadi pfditam | saf4dibhir vadhyamanam rakshed uktvanritany api tt 35. Zod. sikshidvaidhe prabhfitas tu grahya4 simye gunxddhik&s | guaidvaidhe kriydyukt&s tatsamye smritimattarah ui 304 BRIHASPATI. VII, r. the more virtuous ones; when the virtuous (witnesses) are divided, (the testimony of ) those specially eminent for the performance of acts of religion ; when they are divided, (the testimony of) those — endowed with a superior memory. VIII. Documents.
2VII, r. the more virtuous ones; when the virtuous (witnesses) are divided, (the testimony of ) those specially eminent for the performance of acts of religion ; when they are divided, (the testimony of) those — endowed with a superior memory. VIII. Documents. 1. The rule regarding the number of witnesses and their respective characteristics has been thus communicated to you; now I will state in order the laws regarding documents. 2. Within a sixmonth’s time even, doubts will arise among men (regarding a transaction). Therefore the letters occurring in a writing were invented of yore by the Creator. 3. Writings are declared to be of three kinds, those written by the king, those written in a particular place, and those written (by a person) with his own hand. Their subdivisions again are numerous. 4. Writings proceeding from (ordinary) people are sevenfold, (viz.) a deed of partition, of gift, of purchase, of mortgage, of agreement, of bondage, of debt, and other (such deeds). The king's edicts are of three sorts. vi 1. Viram. p. 188. . Viram. p. 188. Hiouen-Thsang (I, 71), the celebrated Chinese pilgrim, reports the Indian tradition that letters were invented by the deity Fan (Brahman). See Fihrer, Lehre von den Schriften in Brthaspati’s Dharmasdstra, p. 27; Narada I, 5, 70 (above, p. 58). 3. May. p. 16. The term ‘written in a particular place’ seems to relate to documents written by a professional scribe and attested by subscribing witnesses. See Narada I, 10, 135 (above, p. 75). 4. May. p.17. The term 4di, ‘and other (such deeds),’ is explained to denote deeds of purification, or of reconciliation, or regarding a boundary, or the rules of a corporation. VI, 12. DOCUMENTS. 305 5. Where brothers being divided in interests according to their own wish, make a deed of division among themselves, it is called a partitiondeed. 6. When a person having made a grant of landed property, records it in a deed as being endurable as long as the moon and sun are in existence, and which must never be cut down or taken away, it is termed a deed of gift. 7. When a person having purchased a house, field or other (property), causes a document to be executed containing an exact statement of the proper price paid for it, it is called a deed of purchase. 8. When a person having pledged movable or immovable property, executes a deed stating whether (the property pledged) is to be preserved, or used, it is termed a mortgage-deed. 9. When (the people of) a village or province execute a deed of mutual agreement, (the purpose of) which is not opposed to the interests of the king, and in accordance with sacred law, it is designed as a deed of agreement. 10. That document which a person destitute of clothes and food executes in a wilderness stating, ‘I will do your work,’ is termed a deed of bondage.
310. That document which a person destitute of clothes and food executes in a wilderness stating, ‘I will do your work,’ is termed a deed of bondage. 11. That contract of debt which a man having borrowed money at interest executes himself or causes to be written (by another), is called a bond of debt by the wise. 12. Having given a tract of land or the like, the 5-11. May. p. 16. 12-18, Viram. p.192. For specimens of royal grants precisely corresponding to the rules laid down here, see e.g, Dr. Burnell’s Elements of South Indian Palaeography, pp. 87 foll. [33] x 306 BRIHASPATI. VIII, 13. king should cause a formal grant to be executed on a copper-plate or a piece of cloth, stating the place, the ancestors (of the king), and other particulars, 13. And the names of (the king's) mother and father, and of the king himself, (and containing the statement that) ‘This grant has been made by me to-day to N.N., the son of N.N., who belongs to the Vedic school N. N. 14. As being endurable while the moon and sun last, and as descending by right of inheritance to the son, grandson, and more remote descendants, and as a gift which must never be cut down or taken away, and is entirely exempt from diminution (by the allotment of shares to the king’s attendants, and so forth), 15. Conveying paradise on the giver and preserver, and hell on the taker, for a period of sixty thousand years, as the recompense for giving and taking (the land).’ 16. (Thus the king should declare in the grant), the Secretaries for peace and war signing the grant with the remark, ‘I know this.’ 17. (The grant) should be provided with (the king’s) own seal, and with a precise statement of the year, month and so forth, of the value (of the donation), and of the magistrate. Such a document issued by the king is called a royal edict. 18. When the king, satisfied with the faithful services, valour or other (laudable qualities) of a person, bestows landed or other property on him, it 13. All commentators explain that the name of the particular Veda, such as e.g. the Rig-veda, or the KafAa branch of the Yagur-veda, should be given which the donee is studying. VITI, 24. DOCUMENTS. 307 is (called) a writing containing a mark of royal favour. 19. That which establishes a claim, recording the four parts of a judicial proceeding and bearing the royal seal, is termed a document of success (or decree). . 20. Clever forgers acquainted with place and time will make a writing similar (to the original document). Such (writings) should be examined with great care. _ 21. Women, infants, the suffering, and persons unacquainted with the art of writing, are deceived by-their own relations fabricating documents signed with their names. Such (forgery) may be found out by means of internal evidence and legitimate titles.
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.
126. He whose documents or witnesses are objected to in a suit, cannot gain his cause till he has removed the objections raised against it. 27. I will now state, according to the rules of science, which men may be appointed as witnesses, and which others should be avoided as being low wretches. 28. Those may be witnesses who are in the habit of performing religious ceremonies taught in the Vedas and Smrttis, free from covetousness and malice, of respectable parentage, irreproachable, and zealous in performing austerities, practising liberality, and exhibiting sympathy (with all living creatures). 29. The mother’s father, the father’s brother, the 23. Viram. p. 172. 24. May. p. 25. I read arthf, for arthe, with Viram. 25. May. p. 26. 26. May. p. 27. 27. Smritit. prashfavyah sakshizo ye tu vargyfs saiva naradhamaf 1 tén aham kathayishyAmi sdmpratam sdstrakoditin u srautasmartakriy4yukt4 lobhadveshavivargitiA 1 kulfnas sfkshino snindyds tapodénadayanvitas ut 29. May. p. 25. VII, 35. WITNESSES. 303 wife’s brother and maternal uncle, a brother, a friend, and a son-in-law are inadmissible witnesses in all disputes. 30. Persons addicted to adultery or to drinking, gamblers, those who calumniate everybody, the insane, the suffering, violent persons, and unbelievers cannot act as witnesses. 31. If a witness being summoned does not make his appearance, without being ill, he should be made to pay the debt and a fine, after the lapse of three fortnights. 32. Where the contents of the plaint have been fully corroborated by the witnesses, it is (valid) testimony; in every other case (the plaintiff) will not succeed with his claim. 33. When nothing less (than what has been declared in the plaint) is stated with regard to place, time, age, caste, number, matter, and quantity, the cause should be considered to have been proved. 34. Let him preserve, even by telling a lie, a Brahman who has once sinned through error and is in peril of his life and oppressed by rogues or other (enemies). 35. In aconflict between witnesses, (the testimony of) the majority should be received; when the number is equal (on both sides, the testimony of) 30. Viram. p. 160. 31. Smritiz. Ahfto yas tu nagakkhet sakshf rogavivargitah | rinam damam ka dapyas sy4t tripakshat paratas tu saz Nl 32. Smritif. yatrasesh4h pratig#4rthah sikshibhid prativarnitah 1 sfkshyam sy4d anyatha tu tam sadhy4rtham na samapnuyét 33. May. p. 29. 34. Smritié. sakrit pramAd4parfdhivipram vyapadi pfditam | saf4dibhir vadhyamanam rakshed uktvanritany api tt 35. Zod. sikshidvaidhe prabhfitas tu grahya4 simye gunxddhik&s | guaidvaidhe kriydyukt&s tatsamye smritimattarah ui 304 BRIHASPATI. VII, r. the more virtuous ones; when the virtuous (witnesses) are divided, (the testimony of ) those specially eminent for the performance of acts of religion ; when they are divided, (the testimony of) those — endowed with a superior memory. VIII. Documents.
2VII, r. the more virtuous ones; when the virtuous (witnesses) are divided, (the testimony of ) those specially eminent for the performance of acts of religion ; when they are divided, (the testimony of) those — endowed with a superior memory. VIII. Documents. 1. The rule regarding the number of witnesses and their respective characteristics has been thus communicated to you; now I will state in order the laws regarding documents. 2. Within a sixmonth’s time even, doubts will arise among men (regarding a transaction). Therefore the letters occurring in a writing were invented of yore by the Creator. 3. Writings are declared to be of three kinds, those written by the king, those written in a particular place, and those written (by a person) with his own hand. Their subdivisions again are numerous. 4. Writings proceeding from (ordinary) people are sevenfold, (viz.) a deed of partition, of gift, of purchase, of mortgage, of agreement, of bondage, of debt, and other (such deeds). The king's edicts are of three sorts. vi 1. Viram. p. 188. . Viram. p. 188. Hiouen-Thsang (I, 71), the celebrated Chinese pilgrim, reports the Indian tradition that letters were invented by the deity Fan (Brahman). See Fihrer, Lehre von den Schriften in Brthaspati’s Dharmasdstra, p. 27; Narada I, 5, 70 (above, p. 58). 3. May. p. 16. The term ‘written in a particular place’ seems to relate to documents written by a professional scribe and attested by subscribing witnesses. See Narada I, 10, 135 (above, p. 75). 4. May. p.17. The term 4di, ‘and other (such deeds),’ is explained to denote deeds of purification, or of reconciliation, or regarding a boundary, or the rules of a corporation. VI, 12. DOCUMENTS. 305 5. Where brothers being divided in interests according to their own wish, make a deed of division among themselves, it is called a partitiondeed. 6. When a person having made a grant of landed property, records it in a deed as being endurable as long as the moon and sun are in existence, and which must never be cut down or taken away, it is termed a deed of gift. 7. When a person having purchased a house, field or other (property), causes a document to be executed containing an exact statement of the proper price paid for it, it is called a deed of purchase. 8. When a person having pledged movable or immovable property, executes a deed stating whether (the property pledged) is to be preserved, or used, it is termed a mortgage-deed. 9. When (the people of) a village or province execute a deed of mutual agreement, (the purpose of) which is not opposed to the interests of the king, and in accordance with sacred law, it is designed as a deed of agreement. 10. That document which a person destitute of clothes and food executes in a wilderness stating, ‘I will do your work,’ is termed a deed of bondage.
310. That document which a person destitute of clothes and food executes in a wilderness stating, ‘I will do your work,’ is termed a deed of bondage. 11. That contract of debt which a man having borrowed money at interest executes himself or causes to be written (by another), is called a bond of debt by the wise. 12. Having given a tract of land or the like, the 5-11. May. p. 16. 12-18, Viram. p.192. For specimens of royal grants precisely corresponding to the rules laid down here, see e.g, Dr. Burnell’s Elements of South Indian Palaeography, pp. 87 foll. [33] x 306 BRIHASPATI. VIII, 13. king should cause a formal grant to be executed on a copper-plate or a piece of cloth, stating the place, the ancestors (of the king), and other particulars, 13. And the names of (the king's) mother and father, and of the king himself, (and containing the statement that) ‘This grant has been made by me to-day to N.N., the son of N.N., who belongs to the Vedic school N. N. 14. As being endurable while the moon and sun last, and as descending by right of inheritance to the son, grandson, and more remote descendants, and as a gift which must never be cut down or taken away, and is entirely exempt from diminution (by the allotment of shares to the king’s attendants, and so forth), 15. Conveying paradise on the giver and preserver, and hell on the taker, for a period of sixty thousand years, as the recompense for giving and taking (the land).’ 16. (Thus the king should declare in the grant), the Secretaries for peace and war signing the grant with the remark, ‘I know this.’ 17. (The grant) should be provided with (the king’s) own seal, and with a precise statement of the year, month and so forth, of the value (of the donation), and of the magistrate. Such a document issued by the king is called a royal edict. 18. When the king, satisfied with the faithful services, valour or other (laudable qualities) of a person, bestows landed or other property on him, it 13. All commentators explain that the name of the particular Veda, such as e.g. the Rig-veda, or the KafAa branch of the Yagur-veda, should be given which the donee is studying. VITI, 24. DOCUMENTS. 307 is (called) a writing containing a mark of royal favour. 19. That which establishes a claim, recording the four parts of a judicial proceeding and bearing the royal seal, is termed a document of success (or decree). . 20. Clever forgers acquainted with place and time will make a writing similar (to the original document). Such (writings) should be examined with great care. _ 21. Women, infants, the suffering, and persons unacquainted with the art of writing, are deceived by-their own relations fabricating documents signed with their names. Such (forgery) may be found out by means of internal evidence and legitimate titles.
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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