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Romanised transliteration as printed by the translator, not the original script. This is what we hold.
1He 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, &. 36. Agama, ‘the connection,’ i.e. the relation of the case in hand to the entire system of law; ‘the title of law,’ its appertaining to a subdivision of this or that title of law; its ‘cure,’ i.e. it must RULES OF PROCEDURE. 15 first of all ; then the title of law must be ascertained ; thereupon follows the cure; and the decision comes at the end. These are the four parts of a trial. 37. Avoiding carefully the violation of either the sacred law or the dictates of prudence, he should conduct the trial attentively and skilfully. 38. As a huntsman traces the vestiges of wounded deer in a thicket by the drops of blood, even so let him trace justice. * 39. Where the rules of sacred law and the dictates of prudence are at variance, he must discard the dictates of prudence and follow the rules of sacred law. . 40. When it is impossible to act up to the precepts of sacred law, it becomes necessary to adopt a method founded on reasoning, because custom decides everything and overrules the sacred law. 41. Divine law has a subtile nature, and is occult be cured like an illness, by carrying it through the four parts of a judicial proceeding. A. 38. As deer in a thick forest is difficult to catch, even so justice is difficult of attainment. A huntsman traces the game by following up the drops of blood to the spot, though the soil may be covered by thick grass, where the wounded deer is seen by him. Similarly a king, following the course of the lawsuit, traces law to the point where justice shines forth clearly. A. Manu VIII, 44. 39. YAg#avalkya II, 21. 40. According to A., this verse inculcates the superiority of custom to written law. Thus both the practice of raising offspring to a deceased or disabled brother, and the remarriage of widows (see twelfth title of law) are specially sanctioned in the sacred lawbooks. Yet these two customs are opposed to established practice. Therefore subtle ratiocination is required. A. quotes a verse to the effect that the immemorial usages of every province, which have been handed down from generation to generation, can never be overruled by a rule of the sacred law. Vasish/ha XVI, 4; Gautama XI, 23. 41. ‘The visible path’ means either ratiocination founded on 16 NARADA. and difficult to understand. Therefore (the king) must try causes according to the visible path. * 42, One who has never committed robbery may be charged with robbery. An actual robber, on the other hand, may be acquitted of the charge of robbery. Mazdavya was tried and declared to be a robber. * 43. In the case of a woman, at night, outside of internal or circumstantial evidence, or it may mean a sound decision. A. Gautama XI, 24.
2An actual robber, on the other hand, may be acquitted of the charge of robbery. Mazdavya was tried and declared to be a robber. * 43. In the case of a woman, at night, outside of internal or circumstantial evidence, or it may mean a sound decision. A. Gautama XI, 24. 42. ‘Justice has been stated (in 41) to be difficult to attain, because a man may be suspected to be a thief merely on account of stolen chattels being found amongst his property. Thus the great sage Mandavya even was reproached with theft by an injudicious king, because, faithful to his vow of silence, he did not make a reply when he was charged with theft. Therefore it is necessary to adhibit great care in discerning righteous men from evil-doers.’ A. The history of M4zdavya is related in the Mah&bhérata I, 4306 foll. A gang of robbers (Dasyus) being pursued by a guard, dropped their booty in the habitation of Mandavya the ascetic, and hid themselves in his hermitage. Soon after, their pursuers arrived, and asked M4zdavya in which direction the robbers had proceeded. The saint made no reply, whereupon the guard took to searching the hermitage, in which they discovered both the robbers and the stolen chattels. The thing looking suspicious, they conducted both the saint and the robbers before the tribunal of the king, who ordered the saint to be tied to a stake. However, though tied to the stake and left without food, the saint remained alive. After some time, the king ordered him to be released, and asked his forgiveness for the ill-usage offered to him. 43. ‘In the case of a woman,’ i.e. if the lawsuit has been instituted by a wife or daughter; or if it has been decided by a woman. ‘At night,’ as the night is the proper time for sleeping, and not the proper time for attending to judicial business; for it is obviously impossible to try a cause at night. ‘ Outside of the village,’ means ‘in the wood.’ A lawsuit, when decided in one of these places (or special circumstances), is not finally decided and settled; the cause has therefore to be tried anew. Such is the meaning of this rule. A. RULES OF PROCEDURE; THE ANSWER. 17 the village, in the interior of a house, and by enemies ; a sentence passed under any one of these various circumstances may be reversed. *44. Owing to the recondite nature of lawsuits, and the weakness of memory, the answer may be delayed at pleasure in lawsuits relating to a debt or other subject, with a view to ascertain the true facts. *45. Let him answer at once in charges concerning a cow, landed property, gold, a woman, robbery, abuse, an urgent affair, a heinous offence, or a calumny. * 46. One who tries to right himself in a quarrel, without having given notice to the king, shall be severely punished and his cause must not be heard. * 47. A defendant who absconds when the cause is about to be tried, and he who does not take heed of what (the claimant) says, shall be arrested by the plaintiff until the legal summons has been declared.
3* 47. A defendant who absconds when the cause is about to be tried, and he who does not take heed of what (the claimant) says, shall be arrested by the plaintiff until the legal summons has been declared. * 48. Local arrest, temporary arrest, inhibition 44. Owing to the recondite nature of lawsuits, and on account of the weakness of men’s memory, which renders them unable to remember distinctly any event that has occurred long ago, the defendant in a lawsuit must be allowed sufficient time to prepare his answer. A. Read rinadishu in the text. 45, 46. The first rule constitutes an exception to the preceding one. In the cases here mentioned the answer should be tendered at once. A. Gautama XIII, 40, 41; Yagfavalkya II, 12, 16. 48. Local arrest is in this form: ‘If you move from this place, the king will arrest you.’ Temporary arrest is in this form: ‘You must not leave this house for a certain period.’ Inhibition from travelling consists of a prohibition not to undertake a journey on which one has determined. Arrest relating to karman is in this form: ‘You must not persevere in performing this or that karman (religious ceremony).’ Thus according to A. and Viramitrodaya, p. 55. When placed under arrest of any one out of these four kinds, the person arrested must not break the arrest. Otherwise he will become guilty of an offence against the king. A. [33] c 18 NARADA. from travelling, and arrest relating to karman; these are the four sorts of arrest. One arrested must not break his arrest. * 49. One arrested while crossing a river, or in a forest (kAntara), or in a bad country, or during a great calamity, or in another such predicament, commits no fault by breaking his arrest. [50. Those causes which have been tried in the king’s court, (or) by friends, connections, or relations, shall be tried anew, after a fine of twice the original amount (of the sum in dispute) has been imposed.] *s1. If one arrested at a proper time breaks his arrest, he shall be punished. One who arrests improperly is (equally) liable to punishment. * 52. One about to marry; one tormented by an illness; one about to offer a sacrifice; one afflicted by a calamity; one accused by another; one employed in the king’s service ; , 49. K4nt4ra, ‘a fearful forest,’ ‘a bad country,’ a dangerous place, ‘a great calamity,’ a public disaster or a heavy affliction and the like. One who breaks an arrest which has been put on him in one of the places or on one of the occasions hitherto mentioned, does not commit a criminal offence by doing so. A.
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.
1He 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, &. 36. Agama, ‘the connection,’ i.e. the relation of the case in hand to the entire system of law; ‘the title of law,’ its appertaining to a subdivision of this or that title of law; its ‘cure,’ i.e. it must RULES OF PROCEDURE. 15 first of all ; then the title of law must be ascertained ; thereupon follows the cure; and the decision comes at the end. These are the four parts of a trial. 37. Avoiding carefully the violation of either the sacred law or the dictates of prudence, he should conduct the trial attentively and skilfully. 38. As a huntsman traces the vestiges of wounded deer in a thicket by the drops of blood, even so let him trace justice. * 39. Where the rules of sacred law and the dictates of prudence are at variance, he must discard the dictates of prudence and follow the rules of sacred law. . 40. When it is impossible to act up to the precepts of sacred law, it becomes necessary to adopt a method founded on reasoning, because custom decides everything and overrules the sacred law. 41. Divine law has a subtile nature, and is occult be cured like an illness, by carrying it through the four parts of a judicial proceeding. A. 38. As deer in a thick forest is difficult to catch, even so justice is difficult of attainment. A huntsman traces the game by following up the drops of blood to the spot, though the soil may be covered by thick grass, where the wounded deer is seen by him. Similarly a king, following the course of the lawsuit, traces law to the point where justice shines forth clearly. A. Manu VIII, 44. 39. YAg#avalkya II, 21. 40. According to A., this verse inculcates the superiority of custom to written law. Thus both the practice of raising offspring to a deceased or disabled brother, and the remarriage of widows (see twelfth title of law) are specially sanctioned in the sacred lawbooks. Yet these two customs are opposed to established practice. Therefore subtle ratiocination is required. A. quotes a verse to the effect that the immemorial usages of every province, which have been handed down from generation to generation, can never be overruled by a rule of the sacred law. Vasish/ha XVI, 4; Gautama XI, 23. 41. ‘The visible path’ means either ratiocination founded on 16 NARADA. and difficult to understand. Therefore (the king) must try causes according to the visible path. * 42, One who has never committed robbery may be charged with robbery. An actual robber, on the other hand, may be acquitted of the charge of robbery. Mazdavya was tried and declared to be a robber. * 43. In the case of a woman, at night, outside of internal or circumstantial evidence, or it may mean a sound decision. A. Gautama XI, 24.
2An actual robber, on the other hand, may be acquitted of the charge of robbery. Mazdavya was tried and declared to be a robber. * 43. In the case of a woman, at night, outside of internal or circumstantial evidence, or it may mean a sound decision. A. Gautama XI, 24. 42. ‘Justice has been stated (in 41) to be difficult to attain, because a man may be suspected to be a thief merely on account of stolen chattels being found amongst his property. Thus the great sage Mandavya even was reproached with theft by an injudicious king, because, faithful to his vow of silence, he did not make a reply when he was charged with theft. Therefore it is necessary to adhibit great care in discerning righteous men from evil-doers.’ A. The history of M4zdavya is related in the Mah&bhérata I, 4306 foll. A gang of robbers (Dasyus) being pursued by a guard, dropped their booty in the habitation of Mandavya the ascetic, and hid themselves in his hermitage. Soon after, their pursuers arrived, and asked M4zdavya in which direction the robbers had proceeded. The saint made no reply, whereupon the guard took to searching the hermitage, in which they discovered both the robbers and the stolen chattels. The thing looking suspicious, they conducted both the saint and the robbers before the tribunal of the king, who ordered the saint to be tied to a stake. However, though tied to the stake and left without food, the saint remained alive. After some time, the king ordered him to be released, and asked his forgiveness for the ill-usage offered to him. 43. ‘In the case of a woman,’ i.e. if the lawsuit has been instituted by a wife or daughter; or if it has been decided by a woman. ‘At night,’ as the night is the proper time for sleeping, and not the proper time for attending to judicial business; for it is obviously impossible to try a cause at night. ‘ Outside of the village,’ means ‘in the wood.’ A lawsuit, when decided in one of these places (or special circumstances), is not finally decided and settled; the cause has therefore to be tried anew. Such is the meaning of this rule. A. RULES OF PROCEDURE; THE ANSWER. 17 the village, in the interior of a house, and by enemies ; a sentence passed under any one of these various circumstances may be reversed. *44. Owing to the recondite nature of lawsuits, and the weakness of memory, the answer may be delayed at pleasure in lawsuits relating to a debt or other subject, with a view to ascertain the true facts. *45. Let him answer at once in charges concerning a cow, landed property, gold, a woman, robbery, abuse, an urgent affair, a heinous offence, or a calumny. * 46. One who tries to right himself in a quarrel, without having given notice to the king, shall be severely punished and his cause must not be heard. * 47. A defendant who absconds when the cause is about to be tried, and he who does not take heed of what (the claimant) says, shall be arrested by the plaintiff until the legal summons has been declared.
3* 47. A defendant who absconds when the cause is about to be tried, and he who does not take heed of what (the claimant) says, shall be arrested by the plaintiff until the legal summons has been declared. * 48. Local arrest, temporary arrest, inhibition 44. Owing to the recondite nature of lawsuits, and on account of the weakness of men’s memory, which renders them unable to remember distinctly any event that has occurred long ago, the defendant in a lawsuit must be allowed sufficient time to prepare his answer. A. Read rinadishu in the text. 45, 46. The first rule constitutes an exception to the preceding one. In the cases here mentioned the answer should be tendered at once. A. Gautama XIII, 40, 41; Yagfavalkya II, 12, 16. 48. Local arrest is in this form: ‘If you move from this place, the king will arrest you.’ Temporary arrest is in this form: ‘You must not leave this house for a certain period.’ Inhibition from travelling consists of a prohibition not to undertake a journey on which one has determined. Arrest relating to karman is in this form: ‘You must not persevere in performing this or that karman (religious ceremony).’ Thus according to A. and Viramitrodaya, p. 55. When placed under arrest of any one out of these four kinds, the person arrested must not break the arrest. Otherwise he will become guilty of an offence against the king. A. [33] c 18 NARADA. from travelling, and arrest relating to karman; these are the four sorts of arrest. One arrested must not break his arrest. * 49. One arrested while crossing a river, or in a forest (kAntara), or in a bad country, or during a great calamity, or in another such predicament, commits no fault by breaking his arrest. [50. Those causes which have been tried in the king’s court, (or) by friends, connections, or relations, shall be tried anew, after a fine of twice the original amount (of the sum in dispute) has been imposed.] *s1. If one arrested at a proper time breaks his arrest, he shall be punished. One who arrests improperly is (equally) liable to punishment. * 52. One about to marry; one tormented by an illness; one about to offer a sacrifice; one afflicted by a calamity; one accused by another; one employed in the king’s service ; , 49. K4nt4ra, ‘a fearful forest,’ ‘a bad country,’ a dangerous place, ‘a great calamity,’ a public disaster or a heavy affliction and the like. One who breaks an arrest which has been put on him in one of the places or on one of the occasions hitherto mentioned, does not commit a criminal offence by doing so. A.
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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