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Romanised transliteration as printed by the translator, not the original script. This is what we hold.
11. 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 22. ‘ Breach of service’ consists of nine divisions ; ‘wages’ has four divisions; there are two divisions of ‘sales effected by another than the rightful owner;’ ‘non-delivery of a sold chattel’ has a single division only ; 23. ‘ Rescission of purchase’ has four divisions ; ‘transgression of compact’ is onefold; ‘ boundary disputes’ is twelvefold; there are twenty divisions in ‘mutual duties of husband and wife ;’ quarrels regarding a sanctuary; 6. quarrels regarding (the boundary of) a village; 7. prohibition to decorate (to cause nuisance in?) a cross-road, &c.; 8. making a dike; 9. waste land; 10. protection of grain; 11. compensation for grain (destroyed by cattle); 12. the foundation (of a householder’s existence). 12, Mutual duties of husband and wife. 1. Examination of a man’s virile potency; 2. gift of a maiden in marriage; 3. the offence of insulting an officiating priest; 4. the right time for giving a maiden in marriage; 5. the offence of casting a blemish on an unblemished maiden, or suitor; 6. marriage forms; 7. rule regarding incontinent females and other (unchaste women); 8. what constitutes legitimate issue; 9. illicit intercourse ; 10. punishment of adultery; 11. incest; 12. intercourse with cattle, and other crimes of this sort ; 13. raising issue where there is no husband; 14. the offspring of adulterous intercourse ; 15, 16. authorised and unauthorised intercourse of a woman with one not her husband; 17, 18. rule regarding bad wives and husbands; 19. conduct prescribed for a woman whose husband is absent; 20. definition of a rendezvous. 13. Law of inheritance. 1. Definition of heritage; 2. its distribution ; 3. indivisible property ; 4. what constitutes stridhana; 5. descent of stridhana after the death of the proprietress; 6, rules regarding the property of brothers; 7. division of the property between parents and sons ; 8. case of a daughter whose father is unknown, &c.; 9. case of a father unauthorised (to raise issue); 10. share of a son suffering from a chronic or agonising disease, or otherwise (incapable of inheriting); 11. division among the sons of a reunited coparcener; 12 NARADA. 24. ‘Law of inheritance’ consists of nineteen divisions ; ‘ heinous offences’ of twelve ; of both ‘abuse’ and ‘assault’ there are three divisions ; 25. ‘Gambling with dice and betting on animals’ has a single division; ‘miscellaneous’ has six divisions. Thus, adding up all these branches (of the principal titles of law), there are one hundred and thirty-two of them.
2‘Gambling with dice and betting on animals’ has a single division; ‘miscellaneous’ has six divisions. Thus, adding up all these branches (of the principal titles of law), there are one hundred and thirty-two of them. 12. management of the property of a deceased or absent brother; 13. work done by one to whom the management of the family property has been entrusted, &c.; 14. decision in the case of a contested partition; 15. enumeration of the divers kinds of sons. (There ought to be nineteen subdivisions of the law of inheritance, instead of fifteen. That number might be obtained by counting each reason of exclusion from inheritance as a separate division.] 14. Heinous offences. 1. What constitutes a heinous offence; 2. punishments ordained for heinous offences; 3. robbery; 4. distinction between articles of inferior, middling, and superior value; 5, 6. the two kinds of tobbers; 7. seizure of robbers; 8. granting food or shelter (to thieves), &c.; 9. thieves; 10. punishment of heinous offences and larceny; 11. tracing a thief by the foot-marks; r2. confiscation of the property of thieves or others, when the stolen goods have not been recovered. 15, 16. Abuse and assault. 1, Abuse; z. assault; 3. punishments ordained for both offences. 17. Gambling with dice, and betting on animals. 18. Miscellaneous. 1. Protection of the (four) castes and (four) orders by the king in person; 2. dignity of a king; 3. maintenance of Brahmans by the king; 4. authorisation from the king to bestow one’s property (on Brahmans); 5. description of the various modes of subsistence permitted to a Brahman; 6. eight things worthy of reverence. It should be noted that Asah4ya himself, in the sequel of his commentary, does not adhere strictly to this division, and gives © PROCEEDINGS AT LAW. 13 * 26. Because it proceeds from one of these three motives, carnal desire, wrath, and greed; therefore it is said to have three efficient causes. These are the three sources of lawsuits. * 27. It is said to have two modes of plaint, because a plaint may be either founded on suspicion or on fact. It is founded on suspicion, when the defendant has been seen to move in bad company. It is founded on fact, when the stolen chattels or the like have come to light. * 28. Because it is based on the statements of the two litigants, therefore it is said to have two openings. There the accusation is called the plaint ; the answer is called the declaration of the defendant. * 29. Because it may be founded either on truth or on error, therefore it is said to have two issues. Truth is what rests on true facts. Error is what rests on mistake of facts. 30. Ordeals even are rendered nugatory by artful men. Therefore let no mistake be committed in regard to place, time, quantity, and so on. a number of different headings, which will be quoted in the notes to this translation.
3Error is what rests on mistake of facts. 30. Ordeals even are rendered nugatory by artful men. Therefore let no mistake be committed in regard to place, time, quantity, and so on. a number of different headings, which will be quoted in the notes to this translation. 27. Supposing that the owner of a lost chattel casts his suspicion on a man who is constantly seen in the company of well-known thieves and other bad characters, or who lives with prostitutes, or is addicted to gambling, if he impeaches that man, it is called a charge founded on suspicion. If a man is impeached, after having been taken with the maner, the stolen goods having been found among his property, it is called a charge founded on fact. In a charge founded on suspicion, the decision must be referred to the gods (i.e. to an ordeal). In a charge founded on fact, the decision rests with the king’s judge. A. 2g. The issue of a lawsuit, like its beginning, may be twofold. Either a just decision is given, in accordance with fact, or the decision is erroneous. A. 14 NARADA. 31. There a king who acts justly must neglect error when it is brought forward, and seek truth alone, because prosperity depends on (the practice of) duty. 32. As seven flames rise from fire, even so will seven good things become manifest in a self-restrained king who passes just sentences at trials, 33. Religious merit, gain, fame, esteem among men, reverence on the part of his subjects, conquests, and an everlasting residence in paradise. 34. Therefore let a king, after having seated himself on the judgment seat, be equitable towards all beings, discarding selfish interests and acting the part of (Yama) Vaivasvata, (the judge of the dead). * 35. Attending to (the dictates of) the law-book and adhering to the opinion of his chief judge, let him try causes in due order, adhibiting great care. 36. The connection (Agama) must be examined 31. ‘Brought forward,’ i.e. stated by the plaintiff. The king shall neglect it, i.e. not accept it as correct. A. YAg#avalkya II, 19. 32. The idea that fire is composed of seven rays or flames is derived, no doubt, from the seven rays of the sun-god Sfrya, who is represented down to the present day as riding in a chariot drawn by seven horses. 34. ‘Discarding selfish motives,’ i.e. free from love or wrath (sine ira et studio). ‘The part of Yama,’ the king of righteousness, i.e. the distribution of the rewards and punishments due to good and bad actions. A. YAgfavalkya II,1; Vishwu III, 92, &c. 35. While consulting the law-book, he should take heed at the same time of whatever is brought forward by the assessors of the court conjointly with the chief judge. He should abide by the opinion delivered by the latter. He should try causes in due order, i.e. so that the four feet of a judicial proceeding follow one another in due succession, A. Manu VIII, 1, 8, 9; Yagziavalkya II, 1, &.
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.
11. 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 22. ‘ Breach of service’ consists of nine divisions ; ‘wages’ has four divisions; there are two divisions of ‘sales effected by another than the rightful owner;’ ‘non-delivery of a sold chattel’ has a single division only ; 23. ‘ Rescission of purchase’ has four divisions ; ‘transgression of compact’ is onefold; ‘ boundary disputes’ is twelvefold; there are twenty divisions in ‘mutual duties of husband and wife ;’ quarrels regarding a sanctuary; 6. quarrels regarding (the boundary of) a village; 7. prohibition to decorate (to cause nuisance in?) a cross-road, &c.; 8. making a dike; 9. waste land; 10. protection of grain; 11. compensation for grain (destroyed by cattle); 12. the foundation (of a householder’s existence). 12, Mutual duties of husband and wife. 1. Examination of a man’s virile potency; 2. gift of a maiden in marriage; 3. the offence of insulting an officiating priest; 4. the right time for giving a maiden in marriage; 5. the offence of casting a blemish on an unblemished maiden, or suitor; 6. marriage forms; 7. rule regarding incontinent females and other (unchaste women); 8. what constitutes legitimate issue; 9. illicit intercourse ; 10. punishment of adultery; 11. incest; 12. intercourse with cattle, and other crimes of this sort ; 13. raising issue where there is no husband; 14. the offspring of adulterous intercourse ; 15, 16. authorised and unauthorised intercourse of a woman with one not her husband; 17, 18. rule regarding bad wives and husbands; 19. conduct prescribed for a woman whose husband is absent; 20. definition of a rendezvous. 13. Law of inheritance. 1. Definition of heritage; 2. its distribution ; 3. indivisible property ; 4. what constitutes stridhana; 5. descent of stridhana after the death of the proprietress; 6, rules regarding the property of brothers; 7. division of the property between parents and sons ; 8. case of a daughter whose father is unknown, &c.; 9. case of a father unauthorised (to raise issue); 10. share of a son suffering from a chronic or agonising disease, or otherwise (incapable of inheriting); 11. division among the sons of a reunited coparcener; 12 NARADA. 24. ‘Law of inheritance’ consists of nineteen divisions ; ‘ heinous offences’ of twelve ; of both ‘abuse’ and ‘assault’ there are three divisions ; 25. ‘Gambling with dice and betting on animals’ has a single division; ‘miscellaneous’ has six divisions. Thus, adding up all these branches (of the principal titles of law), there are one hundred and thirty-two of them.
2‘Gambling with dice and betting on animals’ has a single division; ‘miscellaneous’ has six divisions. Thus, adding up all these branches (of the principal titles of law), there are one hundred and thirty-two of them. 12. management of the property of a deceased or absent brother; 13. work done by one to whom the management of the family property has been entrusted, &c.; 14. decision in the case of a contested partition; 15. enumeration of the divers kinds of sons. (There ought to be nineteen subdivisions of the law of inheritance, instead of fifteen. That number might be obtained by counting each reason of exclusion from inheritance as a separate division.] 14. Heinous offences. 1. What constitutes a heinous offence; 2. punishments ordained for heinous offences; 3. robbery; 4. distinction between articles of inferior, middling, and superior value; 5, 6. the two kinds of tobbers; 7. seizure of robbers; 8. granting food or shelter (to thieves), &c.; 9. thieves; 10. punishment of heinous offences and larceny; 11. tracing a thief by the foot-marks; r2. confiscation of the property of thieves or others, when the stolen goods have not been recovered. 15, 16. Abuse and assault. 1, Abuse; z. assault; 3. punishments ordained for both offences. 17. Gambling with dice, and betting on animals. 18. Miscellaneous. 1. Protection of the (four) castes and (four) orders by the king in person; 2. dignity of a king; 3. maintenance of Brahmans by the king; 4. authorisation from the king to bestow one’s property (on Brahmans); 5. description of the various modes of subsistence permitted to a Brahman; 6. eight things worthy of reverence. It should be noted that Asah4ya himself, in the sequel of his commentary, does not adhere strictly to this division, and gives © PROCEEDINGS AT LAW. 13 * 26. Because it proceeds from one of these three motives, carnal desire, wrath, and greed; therefore it is said to have three efficient causes. These are the three sources of lawsuits. * 27. It is said to have two modes of plaint, because a plaint may be either founded on suspicion or on fact. It is founded on suspicion, when the defendant has been seen to move in bad company. It is founded on fact, when the stolen chattels or the like have come to light. * 28. Because it is based on the statements of the two litigants, therefore it is said to have two openings. There the accusation is called the plaint ; the answer is called the declaration of the defendant. * 29. Because it may be founded either on truth or on error, therefore it is said to have two issues. Truth is what rests on true facts. Error is what rests on mistake of facts. 30. Ordeals even are rendered nugatory by artful men. Therefore let no mistake be committed in regard to place, time, quantity, and so on. a number of different headings, which will be quoted in the notes to this translation.
3Error is what rests on mistake of facts. 30. Ordeals even are rendered nugatory by artful men. Therefore let no mistake be committed in regard to place, time, quantity, and so on. a number of different headings, which will be quoted in the notes to this translation. 27. Supposing that the owner of a lost chattel casts his suspicion on a man who is constantly seen in the company of well-known thieves and other bad characters, or who lives with prostitutes, or is addicted to gambling, if he impeaches that man, it is called a charge founded on suspicion. If a man is impeached, after having been taken with the maner, the stolen goods having been found among his property, it is called a charge founded on fact. In a charge founded on suspicion, the decision must be referred to the gods (i.e. to an ordeal). In a charge founded on fact, the decision rests with the king’s judge. A. 2g. The issue of a lawsuit, like its beginning, may be twofold. Either a just decision is given, in accordance with fact, or the decision is erroneous. A. 14 NARADA. 31. There a king who acts justly must neglect error when it is brought forward, and seek truth alone, because prosperity depends on (the practice of) duty. 32. As seven flames rise from fire, even so will seven good things become manifest in a self-restrained king who passes just sentences at trials, 33. Religious merit, gain, fame, esteem among men, reverence on the part of his subjects, conquests, and an everlasting residence in paradise. 34. Therefore let a king, after having seated himself on the judgment seat, be equitable towards all beings, discarding selfish interests and acting the part of (Yama) Vaivasvata, (the judge of the dead). * 35. Attending to (the dictates of) the law-book and adhering to the opinion of his chief judge, let him try causes in due order, adhibiting great care. 36. The connection (Agama) must be examined 31. ‘Brought forward,’ i.e. stated by the plaintiff. The king shall neglect it, i.e. not accept it as correct. A. YAg#avalkya II, 19. 32. The idea that fire is composed of seven rays or flames is derived, no doubt, from the seven rays of the sun-god Sfrya, who is represented down to the present day as riding in a chariot drawn by seven horses. 34. ‘Discarding selfish motives,’ i.e. free from love or wrath (sine ira et studio). ‘The part of Yama,’ the king of righteousness, i.e. the distribution of the rewards and punishments due to good and bad actions. A. YAgfavalkya II,1; Vishwu III, 92, &c. 35. While consulting the law-book, he should take heed at the same time of whatever is brought forward by the assessors of the court conjointly with the chief judge. He should abide by the opinion delivered by the latter. He should try causes in due order, i.e. so that the four feet of a judicial proceeding follow one another in due succession, A. Manu VIII, 1, 8, 9; Yagziavalkya II, 1, &.
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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