)'i5''V. m ■:if>fi-:.->-. 2i'-fa PEINCETON, N. J. % 5/^^^- BL 1010 .S3 V.33 Jolly, Julius, 1849-1932, The minor law-books *?rj%s ■w,, ('"- .•*«.\ 'r*.-:*'" ';:,/" ,-.f": ■!-■ , --*'"• .'•■■ii-- '«J » '^^ ■jf <^ /' ■\^- • / U^^- •-4 .lir^'' "- Si^i -^ THE SACRED BOOKS OF THE EAST [33] ITonbon: HENRY FROWDE Oxford University Press Warehouse Amen Corner, E.C. THE SACRED BOOKS OF THE EAST TRANSLATED BY VARIOUS ORIENTAL SCHOLARS AND EDITED BY F. MAX MULLER VOL. XXXIII AT THE CLARENDON PRESS 1889 [Al/ rights reserved^ THE MINOR LAW-BOOKS TRANSLATED BY / JULIUS JOLLY PART I NARADA. Bi?/HASPATI AT THE CLARENDON PRESS 1889 \_All rights rcsei-ved] CONTENTS. Introduction to Narada . Abbreviations .... Narada ..... The Author's Preface . Introduction. I. Legal Procedure II. The Plaint III. Courts of Justice First Title of Law. The Law of Debt Payment of a Debt Valid and Invalid Transactions Property .... INIeans of Livelihood for a Brahman in Times of Distress . Modes of Proof . Lending INIoney at Interest Usurers Sureties 9. Pledges 10. Documents . Witnesses . Incompetent Witnesses Six Cases where Witnesses are unnecessary False Witnesses I. 2. '^ 4- 5- 6. 7- 8. 1 1. 12. 13 14 15 16 Exhorting the Witnesses Valid Evidence ... 1 7. Invalid Evidence . . . • 18. What has to be done in default of both Witnesses and Documents 19. Proof by Ordeal . . • • 20. The Ordeal by Balance 21. The Ordeal by Fire PAGE xi xxiii I I 5 24 3^ 41 41 49 52 55 58 65 68 70 72 75 79 82 85 86 91 95 96 96 100 102 108 Vlll CONTENTS. 2 2. The Ordeal by Water . 23. The Ordeal by Poison . 24. The Ordeal by Sacred Libation . 25. The Rice Ordeal . 26. The Ordeal of the Hot Piece of Gold Second Title of Law. Deposits . Third Title of Law. Partnership . Fourth Title of Law. Resumption of Gift Fifth Title of Law. Breach of a Contract of Service Sixth Title of Law. Non-payment of Wages Seventh Title of Law. Sales Effected by Another than the Rightful Owner Eighth Title of Law. Non-delivery of a Sold Chattel Ninth Title of Law. Rescission of Purchase Tenth Title of Law. Transgression of a Compact Eleventh Title of Law. Boundary Disputes Twelfth Title of Law. The INIutual Duties of Husband and Wife Thirteenth Title of Law. The Law of Inheritance Fourteenth Title of Law. Heinous Offences Games INIiscellaneous Fifteenth and Sixteenth Titles of Law. Abuse Assault Seventeenth Title of Law Eighteenth Title of Law. Appendix. Theft Quotations from Narada L Judicial Procedure II. The Plaint III. The Answer IV. Writings and Possession V. Witnesses VI. Ordeals . VH. IMiscellaneous Laws . Introduction to the Fragments of Bi?/HASPATi B/e/HASPATI .... I. Constitution of a Court of Justice II, General Rules of Procedure and PAGE III 116 118 119 124 128 144 146 149 153 164 188 202 207 212 214 223 233 233 235 239 242 244 247 263 271 277 277 282 CONTENTS. IX PAGE III. The Plaint 289 IV. The Answer 292 V. The Trial .... ■ 294 VI. The Judgment VII. The Witnesses . • 297 . 299 VIII. Documents .... • 304 IX. Possession .... • 309 X. Ordeals XL The Law of Debt 315 319 XII. Deposits . . . . XIII. Sale without Ownership XIV. Concerns of a Partnership . XV. Resumption of Gifts . XVI. Master and Servant 332 • 334 336 341 343 XVII. Violation of Agreements 346 XVIII. Rescission of Purchase and Sale . 350 XIX. Boundary Disputes XX, Defamation 351 355 XXI. Assault 357 XXII. Robbery and Violence . XXIII. Adultery XXIV. Duties of Man and Wife 359 365 367 XXV. The Law of Inheritance 369 XXVI. Gambling and Betting . XXVII. INIiscellaneous .... 385 386 Addenda 391 Transliteration of Oriental Alphabets adopted for the Translations of the Sacred Books of the East . 393 INTRODUCTION TO NARADA. The Narada-smnti or Naradiya Dharmaj-astra first Supposed origin attracted attention nearly a century ago by of the Code of being quoted in the Preface to Sir W. Jones's celebrated translation of the Code of Manu. What caused it to be brought before the notice of the learned world, was its bearing on the origin and history of the authoritative law-book of ancient India. The statements extracted by Sir W. Jones from the opening chapter of Narada's law-book require some modification at present, as he was not acquainted with the larger and more' authentic of the two versions of Narada's work, which is now translated. It appears from the present work (pp. 1-4) that Narada, the reputed com- piler of the Naradiya Dharma^-astra, refers to four, instead of three, successive versions of the Code of Manu, in I GO. GOG j'lokas or 1,080 chapters, in i2,ggo, 8,ogo, and 4,000 .ylokas. The authorship of these four versions is assigned, respectively, to Manu, Ndrada, Marka/z^T^eya, and Sumati, the son of Bhr/gu, and the Narada-smr/ti is described as an abridgment, made by Narada, of the ninth or Vyavahara (legal) chapter of the original Code in ioo,ggo 5-lokas. The first part of Narada's abridgment of the ninth chapter of Manu's Code is designed as a matrz'ka or vyavahara- matrzka, 'summary of proceedings-at-law ' or 'general rules of procedure.' Though the mythical nature of the Preface to the Narada- Explanation of smr/ti is Sufficiently apparent, some facts the legend. which recently have come to light impart a . higher degree of probability to the alleged connexion between Manu and Narada, than was formerly allowed by myself. Thus the contents of Narada's Preface to his Smn'ti appear XU NARADA. to have been known to such an early author as Medhatithi, who quotes it, rather loosely it is true, in his Commentary on the Code of Manu, where he says that ' this work, con- sisting of one hundred thousand (j-lokas), was composed by Pra^apati and abridged successively by Manu and the rest \' This goes far to prove that the Preface to the Narada-smr/ti had attained notoriety as early as the ninth century A.D., and must be nearly or quite as old as the remainder of the work. The antiquity of the account given by Narada of the origin and history of the principal code of ancient India is supported to some extent by the Paurawik statement regarding four successive remodellings of the original composition of Svaya;//bhuva (Manu), by Bhrzgu, Narada, Brzhaspati, and Ahgiras'^, and by a curious tradition preserved in the Mahabharata, to the effect that the original Dharma^astra, produced by Brahman in 100,000 chapters, was successively reduced to 10,000, 5,000, 3,000, and 1,000 chapters by Samkcira., Indra, Br/haspati, and Kavya^. What is more, in a colophon of the ancient Nepalese MS. of the Narada-smr/ti, that work is actually designed as the Manava Dharmajrastra in the recension of Narada (manave dharma^-astre naradaproktayaw sawhita- yam), just as the Code of Manu in the colophons is usually called the Manava Dharmaj-astra in the recension of Bhrz'gu (manave dharmai-astre bhr/guproktayaw saw/hitayam, or manave dharma^-astre bh/'/guprokte). Again, the chapter on theft (/^-aurapratishedha), which has come to light in Mr. Bendall's Nepalese Palm-leaf MS. of Narada, and in a Nepalese paper MS. recently discovered by the same scholar, forms an appendix to the body of the Narada- smnti, exactly in the same way as an analogous chapter on robbery and other criminal offences is tacked on at the close of the eighteen titles of law in the Code of Manu, IX, 252-293. It also deserves to be noted, perhaps, that the Dhamathats of Burma, while professing to be founded ^ Manu/ikasangraha, p. 39, gloss on Manu I, 58 ; Biihler, Sacred Books of the East, vol. xxv, p. xv. " Mandlik's Hindu Law, p. xlvii. 2 iSIahabharata XII, 59, 22, and So foil. ; Biihler, ibid. p. xcvi. INTRODUCTION. XllI on the laws of Manu, contain several rules and maxims which may be traced to the Narada-smnti, whereas they do not occur in the Code of Manu ^ Although, therefore, there appears to be an element of Mann anterior truth in Narada's account of the history of to Narada. ^^g Q^^^^ ^f ^j^^^^j^ ^^^^ ^^ ^-^ ^^^^^ Smriti, there can be no doubt that the actual position of the two works has been inverted by him. The composition of Bhr/gu, or of Sumati, the son of Bhrz'gu, i. e. the now extant Code of Manu, is not posterior, but decidedly anterior, in date to the Narada-smr/ti, as may be gathered easily from a comparison of both works. Thus e.g. Narada mentions twenty-one modes of acquiring property, fifteen sorts of slaves, fourteen species of impotency, three kinds of women twice married, and four kinds of wanton women, twenty women whom a man must not approach, thirty-two divisions of the law of gift, eleven sorts of witnesses, five or seven ordeals, four or five losers of their suit, two kinds of proof and two kinds of documents, seven advantages resulting from a just decision, eight members of a lawsuit, one hundred and thirty-two divisions of the eighteen principal titles of law. The first germs of some of these theories may be traced to the Code of Manu, and it is interesting to note how these germs have been developed by Narada. As a rule, his judicial theories show an infinitely advanced stage of development as compared to Manu's, and his treatment of the law of procedure, in particular, abounding as it does in technical terms and nice distinctions, and exhibiting a decided preference for docu- mentary evidence and written records over oral testimony and verbal procedure, exhibits manifest signs of recent composition. An analogous inference may be drawn from the fact that Narada acquainted ^^rada was apparently acquainted with a with the Code work either identical with, or closely allied to, the now extant Code of Manu. His analysis of the contents of the original Code composed by Manu in 100,000 jrlokas corresponds in the main to the topics ^ Foi'chhammerj The Jardine Prize Essay, pp. 54-5S. XIV NARADA. treated in that work as it now stands. He quotes the open- ing verse of the original gigantic work of Manu, and it is a remarkable coincidence that this verse agrees with Manu I, 5, 6, i.e. with the actual exordium of the Code of Manu, as vv. 1-4 serve as an introduction only, and may be a subse- quent addition. Forensic law is alleged to have formed the subject of the ninth chapter of the original composition of Manu. In the Code of Manu, law and judicature are dis- cussed in the eighth and ninth chapters. The twenty-four chapters, divided into one thousand and eighty, i. e. 45 x 24 sections, of the original Code, seem to represent double the twelve chapters of the Code of Manu. On the other hand, Sumati, the son of Bhr/gu, who is alleged to have reduced the original Code of Manu to its present size, and to have produced the law-book now current among man- kind, may be identified with Bhrz'gu, the supposed author of the actual Manu-smrz'ti ; and the number of 4,000 i-lokas, which is assigned to his composition, may be taken to be a rough statement of the actual extent of the Manu-smr/ti, which in reality runs up to 3,685 .ylokas only. A consideration of these facts leaves but little doubt that the compiler of the Narada-smr/ti, whoever he was, must have been acquainted with a work closely akin to the now extant Manu-smr/ti. This is so much the more probable because several of his references to the authoritative enunciations of Manu may be actually traced to the Manu- smr/ti ^, and because a number of verses either occurring in the MSS. of the Narada-smr/ti, or attributed to him by the digest-writers, recur in the Code of Manu. However, though acquainted with the Code of Manu, the _. . so-called Narada was far from offering a Discrepancies _ ... between Manu mere slavish reproduction of its doctrines an . ara a. j^ j^j^ ^^^,^^ work. On the Contrary, the Narada-smr/ti must be considered as an independent, and therefore specially valuable, exposition of the whole system of civil and criminal law, as taught in the law schools of the period. It is in fact the only Sm?'/ti. completely preserved ^ See e. g. Appendix 26 (p. 227) and Manu VIII, 320 ; Appendix 34 (p. 228) and Manu VIII, 334; Appendix 36, 37 (p. 228) and Manu VIII, 124,. 125. INTRODUCTION. XV in MSS., in which law, properly so-called, is treated by itself, without any reference to rules of penance, diet, and other religious subjects ; and it throws a new and an important light on the political and social institutions of ancient India at the time of its composition. Several of the doctrines propounded by Narada are decidedly opposed to, and cannot be viewed in the light of developments from, the teaching of Manu. Thus e.g. Narada advocates the practice of Niyoga, or appointment of a widow to raise offspring to her deceased husband ; he declares gambling to be a lawful amusement, when carried on in public gaming-houses ; he allows the remarriage of widows ; he virtually abrogates the right of primogeniture by declaring that even the youngest son may undertake the management of the family property, if specially qualified for the task ; he ordains that, in a partition of the family property, the father may reserve two shares for himself, and that, in the case of a partition after his death, the mother shall divide equally wath the sons, and an unmarried sister take the same share as a younger son ; he lays down a different gradation of fines from those laid down by Manu, &c.^ It may be argued that Narada \vould not have ventured Their probable to differ from the Code of Manu on such origin. essential points as these, unless he had found good authority for doing so in other early works or dicta attributed to the primeval legislator of India, and that this fact furnishes another reason for attaching some credit to what Narada relates of the original Code in 100,000 verses, and of its successive abridgment. Thus much is certain, that a great many floating proverbs and authoritative enunciations of Manu and of Vr/ddha or B/vlian-Manu must have existed by the side of the Code of Manu in the times of Narada as well as before and after his period, when they were quoted in the Mahabharata^ and in the Com- ^ See the foot-notes, passim. 2 See Narada XII, 80-88, and Manu IX, 65-68 ; Narada XVII, 1-8, and Manu IX, 221-228; Narada XII, 97, and Manu V, 162; Narada XIII, 5, and Manu IX, 105-109; Narada XIII, 13, 14, and Manu IX, 104, 131; Narada, Appendix 30, 31, and Manu VIII, 138. XVI NARADA. mentaries and Dharmanibandhas from Medhatithi's Manu- bhashya down to Cagannatha's Digest, translated by Cole- brooke. The compiler of the N^rada-smr/ti may have incorporated a number of these dicta in his own com- position. At the same time, it is far from improbable that a work on law, called the Code of Manu in the version of Narada, may have existed by the side of the celebrated Code of Manu in the version of Bhr/gu, and that the unknown compiler of the Narada-smn'ti may have utilised that work for his own composition, and enhanced the value and authority of the latter by referring to, and arranging in his own way, the reports current with regard to Manu and Narada. The precise nature of the origin of such a work as the Narada- smrz'ti must needs remain a matter for speculation ; but it certainly was an established practice with Sanskrit writers to graft their own compositions on earlier works attributed to fabulous personages of the heroic age of India, and indeed to fabricate an authority of this kind for the productions of their own pen. The probable date of the Code of Manu may be turned Date of the ^o account for determining the date of the Naiada-sm;7ti. Narada-smr/ti ; just as the presumable date of the latter work has been used in its turn for fixing the chronological position of Manu. The composition of the two works is separated, apparently, by a considerable interval of time. If, therefore, the date of Manu has been rightly placed between the second centuries B.C. and A.D. by Professor Buhler ^, it would seem to follow that the Narada-smr/ti can hardly belong to an earlier period than the fourth or fifth century A. D. The same con- clusion may be arrived at by other, and independent considerations. Thus the Narada-smr/ti agrees on many important Compared with points, especially in the law of evidence, other Sm;-/tis, -^yith the Dharmaj-astras or Smrztis of Ya^wavalkya, Vishwu, Brz'haspati, Katyayana, and Vyasa. It may be a little older than the three last-named works, ^ Loc, cit. p. xcvii. INTRODUCTION. xvii which belong to the latest productions of the Smr/ti epoch of Hindu Law, but its legal rules and judicial theories have a decidedly more advanced character than either Vish;m's or Ya^;7avalkya's. The Smrzti of Vish;m cannot belong to an earlier period than the third century A. D, \ and the Ya^wavalkya Smr/ti is not likely to be anterior to it in date 2, Again, the judicial trial which is described in the well- and with the drama known drama Mrikk/iakafikd. corresponds UnVcMakankL j^ all essential features to the rules laid down in Narada's chapter on ' The Plaint ^.' If, then, the Naradiya Dharmaj-astra and the Mr/H'/^aka/iki are contemporaneous productions, we have a further reason for assigning the composition of the former work to the fifth or sixth century A. D. It may also be noted that Narada (XII, 74) regards sexual intercourse with a female ascetic, pravra^ita, as a kind of incest. In the earlier Indian dramas likewise, such as Kalidasa's Malavikagnimitra and 5udraka's Mrzkk/ia.ka.tika., the position of nuns and monks is highly dignified. Last, not least, the European term Dinara, i. e. denarius T,, ^ T,. „ or brjvdpLov, which is so important for 1 he term Dmara. < < :■ i the purposes of Indian chronology, occurs repeatedly in the Narada-smrzti. In the first passage (Introd. II, 34, p. 32), Dinaras are mentioned among other objects made of gold, and it would seem that a gold coin used as an ornament is meant, such as e. g. the necklaces made of gold mohurs, which are being worn in India at the present day. 'A string of Dinaras' (dinara- malay a) used as a necklace occurs in a well-known Jain work, the Kalpa-sutra of Bhadrabahu*. It is, however, possible that the ' Dinaras or other golden things' may be gold coins simply, and that Narada means to refer to forged or other- wise counterfeit coins. The second passage (Appendix v. 60, p. 232) is specially valuable, because it contains an exact ^ Sacred Books of the East, vol. vii, p. xxxii. ^ Tagore Law Lectures, p. 49. ^ See, particularly, p. 27, note on 18. * See Dr. Jacobi's edition, par. 36 (p. 44), and the same scholar's translation of the Kalpa-sutra, Sacred Books of the East, vol. xxii, p. 232. [33] b XVlll NARADA. statement of the value of a Dinara which, it says, is called a Suvan/a also. The reception of Dinaras among the ordinary coins of that period shows that their circulation in India must have commenced some time before the Ndrada- smr/ti was written. The first importation of gold Dinaras into India cannot be referred to an earlier period than the time of the Roman emperors, and the gold Dinaras most numerously found in India belong to the third century A. D.^ The earliest reference to a work called Naradiya References to Dharmai-astra seems to be contained in a Narada. work of the sixth century, Ba;/a's Kadam- bari^. Whether the compiler of the Pa;7/^atantra was ac- quainted with the Narada-smr/ti appears to be doubtful. The Pa;7/('atantra in Kosegarten's edition contains a legal text which is attributed to Narada, though it is not to be found in the Narada-sm;-/ti. The standard Bombay edition of the Pa/z/^-atantra has that very text, but the name of Narada is omitted ^. Medhatithi's Manubhashya, which seems to belong to the ninth century, contains several references to the Narada-smr/ti, and Asahaya, who appears to have preceded Medhatithi. is the reputed author of the ancient Commentary on it, which has largely been used for the present work "*. These considerations tend to show that the composition „ , of the Narada-smrz'ti cannot be referred to Result. .11 a more recent period than the fifth century A.D., or the sixth century at the very latest. Nor can it belong to a much earlier age than that. This estimate of its age agrees with the results arrived at, thirteen years ago, from the very scanty data then available. * Biihler, S. B. E., vol. xxv, p. cvii ; West and Biihler, p. 48 ; Max Miiller, History of Ancient Sanskrit Literature, p. 245 ; Jolly, Tagore Law Lectures, p. 36 ; Hornle, Proceedings of the Seventh Congress of Orientalists, p. 134. ^ P. 91 in Peterson's edition. See Biihler, Sacred Books of the East, vol. xxv, p. cvii, note 1. ^ See Kosegarten's Pa;1/^atantra III, 94; Bombay ed.. Ill, 2. It is true that the two texts immediately preceding the text in question in the Pa;7/4atantra may be compared with Narada XI, 2 and I, 5, 79. * The fact that Asahaya refers to a coin called dramma, i. e. the Greek S/joxA"?, may be used for fixing the earlier limit of his date. INTRODUCTION. XIX The present translation, unlike the Institutes of Narada previously published by myself (London, Triibner & Co., The present ^^7^)^ is based in the main on what may be translation. termed the large version of Narada, and accords throughout with the editio princeps of the Narada-smr/ti in the Bibliotheca Indica. The reasons which have induced me to consider the large version as the original and authentic composition of Narada, and to make it thebasisof my edition of the Sanskrit text in the Biblio- theca Indica, have been stated in my volume of Tagore Law Lectures, pp. 54-56. In those parts of the work also where both versions agree, or where the only extant MS. of the large version is deficient and has to be supplied from the MSS. of the minor version, the present translation will be found to differ not inconsiderably from my previous render- ing of the ' Institutes of Narada.' The discovery of five valuable MSS. of the minor version, besides the three used in preparing the ' Institutes of Narada,' the recovery of Asahaya's ancient and valuable Commentary on the Narada- smr/ti, and the dies diem docet have united to produce a considerable number of new results. Among the new MSS. discovered, the fifteenth-century Nepalese Palm-leaf MS. of Mr. Bendall is the most important, and has furnished an entire new chapter, the authenticity of which is proved by numerous references in the mediaeval and modern Digests of Law. The chapter in question has been termed an Appendix in the present work (pp. 223-232). It is found, likewise, in a Nepalese paper MS. of the minor version, discovered very recently by Mr. Bendall among the Nepalese MSS. of the British Museum, where it had been labelled wrongly as /x'aurapratishedha. The Commentary of Asahaya, as far as it goes, has Asahaya and furnished the substance of the foot-notes Kalya«abha//a. ^q the present translation, in which it has been quoted constantly as ' A.' Asahaya was a standard writer in the province of Hindu Law, and his Naradabhashya is a very valuable production indeed. He shares with other early commentators of law-books the peculiarity of indulging every now and then in illustrations b 2 XX NARADA. taken from the every-day life of his period, which help to throw some Hght on the practical working of Indian Law in those times. As an instance of this tendency I would cite his remarks on a rule concerning liability for debts (pp. 43, 44). Of course it would be dangerous to trust his philological skill everywhere, and some of his interpreta- tions are decidedly artificial. What is worse, the Com- mentary of Asahaya has not been preserved in its original shape, but in a recast due to one Kalya;/abha//a, whose name is entirely unknown to fame. It is just possible that Kalya;/abha//a, instead of confining his activity to sup- plying deficiencies and correcting mistakes in the copies of Asahaya's Commentary, may have inserted some new verses in the text of the Narada-smr/ti as well. Such might be conjectured, for example, to be the origin of the four verses, Introd. I, 21-24 (pp. 9-13), which are quoted in none of the authoritative Digests, and objectionable as to grammar and metre. It should be remembered, however, that Kalya;^abha//a declares the original work of Asahaya to have been spoiled by negligent scribes, and so the grammatical blunders may be charged to their account. The latter half of Asahaya's Commentary being lost, I had to avail myself for the corresponding portion of the Other auxiliary Narada-smr/ti, of the glosses of other me- writings. diaeval writers, by whom the texts of Na- rada have been quoted and discussed a great deal. Their opinions have been adverted to very fully, in the chapter on inheritance especially, both on account of the practical importance of inheritance for the law-courts of modern India, and because each of the various schools of Sanskrit lawyers has been anxious to interpret the sayings of Na- rada to its own advantage. For the curious and some- what obscure disquisition on fourteen kinds of impotency (XII, 11-18, pp. 167-169), I have been able to use the advice of my late lamented friend Dr. Haas, the well-known student of Indian medical science. A somewhat analogous passage in the canonical literature of the Buddhists has been kindly pointed out to me by Mr. Rhys Davids^. 1 Alillavagga X, 17, i. See Sacred Books of the East, vol. xx, p. 349. INTRODUCTION. XXI The sign of an asterisk (*) has been prefixed to those Narada's repute texts of Narada which were found to be as a legal writer, quoted in one or several of the Sanskrit Commentaries or Digests of Law. The same method has been observed previously in the Bibliotheca Indica edition of the Sanskrit text, but a considerable number of quotations has come to light since then. The repute of Narada as a legal writer appears to have been so great that upwards of half his work has been embodied in the authoritative compositions of the mediaeval and modern writers iri the province of Sanskrit law. Under the heading of Quotations from Narada, all those texts have been collected at the close of the present transla- ' Quotations from ^ion which are attributed to Narada in one or Narada.' several of the Digests and Commentaries, without being traceable in the MSS. of the Narada-smr/ti. Between these quotations have been inserted, for the sake of completeness and in order to fill up the gaps between the single texts contained in the quotations, a number of unpublished texts from the MSS. of the minor version, and from the final chapter on Ordeals in the ancient Nepalesc MS. of the Narada-smrzti ^ A complete edition of that chapter will, I trust, be published by Dr. A. Conrady. The quotations have been taken from all the principal Sanskrit works on law, from Medhatithi's Manubh^shya downwards. For a detailed statement of the particular work and chapter from which each text has been quoted, I may refer to the foot-notes. Most texts being quoted in more than one work at a time, it has not been thought necessary to give com- plete references to every such work in each particular case, but I have made a point of referring as much as possible to those law-books which exist in English, both for convenience of reference and in order to facilitate a comparison of the present translation with previous renderings of the texts of Narada. All the unpublished texts have been given in the foot-notes in the original Sanskrit, together with the names of the works from which they have been taken. The MSS. Regarding that chapter, see Preface to Narada-smr/ti, pp. 6, 7. Xxii NARADA. of these works were obtained principally from the India Office and Deccan College libraries ; for some of them I was able to use copies of my own. A peculiar source of difficulties lies in the fact that these works differ con- siderably as to the names of the authors of the single texts. Many texts were no doubt proverbial sayings, and appropriated therefore by several writers. In other cases, the mutually conflicting statements of various writers regarding the authorship of the texts may be attributed to carelessness. Grammatical blunders and faulty readings, as well as the varietas lectionis, have been referred to in important cases only. I subjoin a list of the abbrevia- tions used in the foot-notes to the present translation. ABBREVIATIONS. Apararka=Apararka's Commentary on the Ya^;7avalkya-sm;7ii, Deccan Colleo-e MS. Apastamba, see Manu. Baudhayana, see Manu. Col. Dig.=:Colebrooke's Digest of Hindu Law (translation of Gagannatha's work). Dayabhaga = Colebrooke's translation of the Dayabhaga on Inheri- tance, or the Sanskrit text of the D., in the Calcutta edition of 1829. Dayakramasangraha=Wynch's translation in Stokes's Hindu Law- Books, or the Calcutta edition. G^agannatha=G^agannatha's Vivadabhangarwava (the work trans- lated by Colebrooke), Bengali MS. in my possession. Gautama, see Manu. M. or Mitakshara=]Mitakshara, the Calcutta edition of the Vya- vaharadhyaya, or Colebrooke's version of the Mitakshara on Inheritance. M. ]\Iacn. = ]\Iacnaghten's translation of the IMitakshara on Ad- ministration of Justice. Manu = the Code of IManu, ed. Jolly, London, 1887; or Professor Biihler's translation of the same. For the principal editions and translations of Apastamba, Baudhayana, and the other old law- books, I may refer to my volume of Tagore Law Lectures. May. = ]\Iandlik's translation of the Vyavahara IMayijkha, in his Hindu Law, Bombay, 1880. May. (text) = Mandlik's edition of the same, ibid. Mayukha=the same work. Minor Narada = The Institutes of Narada, transl. by J. Jolly, London, 1876; or the unpublished Sanskrit original of the same work. Narada=the present translation. Narada-sm;7ti = The Institutes of Narada, edited by J. Jolly, in the Bibliotheca Indica series. Nepalese Narada =I\Ir.Bendall's Nepalese Palm-leaf MS. of Narada. Raghunandana=:Raghunandana's Vyavaharatattva, the Calcutta edition. Ratn.=Vivada Ratnakara, in the Bibliotheca Indica. Xxiv ABBREVIATIONS. Sm77U>^.=Deva«;mbha//a's Smmi-^andrika, India Office MS. Sm;7ti>^andrika=the same, or the chapter on Inheritance, transl. by Iyer. Tod. or 7b(/arananda=Vyavaharasaukhya in Tbfl'ar IMall's Tb^ara- nanda, Deccan College MS. (Uncertain) = texts quoted as 'Smnti' generally, without the name of the author being given. Vasish///a, see INIanu. Viram.=Viramitrodaya, in Jibananda Vidyasagara's edition. Vish^m, see INIanu. Viv.=Vivada/&intama«i, translated by Tagore, Calcutta, 1863. Vivada/(-intama;n=the Sanskrit text, Calcutta edition of 1837. V. T.=Vivadata«f/ava by Kamalakara, India Office IMS. Vy. A'.=Vyavahara/'intama;/i by VaX-aspatimi^-ra, Devanagari MS. in my possession. Ya^«avalkya, see Manu. NARADA THE AUTHOR'S PREFACE. I. Holy Manu, in order to promote the welfare of all beings, composed a book here, which was to become the foundation of the established rule of con- duct. It was made up of twenty-four sections, on (i) the creation of the world ; (2) the various kinds of living beings ; (3) the extent of the virtuous I. Regarding the historical value and bearing of this Preface, see Introduction. The table of contents, which is here given for the original Code of Manu, corresponds in the main to the contents of the now extant version of that work. Thus the creation of the world is treated of, Manu 1,5-57; the various kinds of living beings,!, 34-50; the virtuous countries, 11,17-23; the constitution of a judicial assem- bly, XII, 108-114 ; the performance of offerings, III, 69-286 ; IV, 21-28, &c. ; established usage (AHra), passim, all the multifarious rules of private morals and social economy falling under this head ; forensic law, chapters VIII and IX ; the extirpation of offenders, IX, 252-293 ; the mode of life of a king, chapter VII; the system of the four castes and four orders, I, 87-101; IX, 325-336, &c. ; marriage laws. III, 1-62 ; the mutual relations between husband and wife, IX, 1-103; the order of succession, IX, 103-220; the performance of obsequies, III, 122-286; rules of purification, V, 57-146; rules of diet, V, 1-56; saleable commodities, and those which may not be sold, X, 85-94 ; the classification of offences, XI> 55~7i; the twenty-one hells, IV, 88-90; penances, XI, 72- 266. The Upanishads are frequently referred to, e.g. II, 165 ; VI, 29. Secret or mysterious doctrines are e.g. those taught in the twelfth chapter of the Code of Manu. A somewhat analogous table of contents of the Code of Manu is given in that work itself, I, iii-i 18. [33] "? Z B NARADA. country; (4) the constitution of a judicial assembly; (5) the performance of offerings according to the Vedas and Vedaiigas ; (6) established usage ; (7) forensic law ; (8) the extirpation of offenders ; (9) the mode of life of a king; (10, 11) the system of the (four) castes and (four) orders; (12) marriage laws; (13) the mutual relations between husband and wife; (14) the order of succession; (15) the performance of obsequies; (16) the elucidation of difficult points regarding purification; (17) the rule as to what may be eaten and what not ; (18, 19) the law reeardine vendible commodities, and those which must not be sold ; (20) the various kinds of crime ; (21) heaven and hell; (22) penances; (23) the Upanlshads ; (24) secret doctrines. 2, Holy Manu, after having thus (composed) that (book) in a hundred thousand ^lokas, and in one thousand and eighty chapters, delivered it to the divine sage Narada. He having learnt it from him, reflecting that a work of this kind could not be remembered easily by mortals on account of its size, abridged it in twelve thousand (i^lokas) and delivered it to the great sage Marka/^^eya. 3. He having learnt it from him, and reflecting on 2. The Manu who is referred to in this place is no doubt Manu Svayawibhuva, or ' Manu sprung from the self-existent Being,' to whom the Code of Manu is said to have been revealed by Brahman ; see Manu I, 58. Narada is one of the seven principal /?zshis. He is also reckoned among the Pra^apatis, ' lords of creatures ' or ' creators,' and is viewed as the chief of heavenly musicians. I\Iarka« 256. Vish;m IX, 23, 25, 27, 29. 255. In the case of the persons here mentioned, the ordeals referred to should be avoided, on grounds of disease and of incapacity to undergo them. A. 256. ' Persons engaged in performing a vow,' those who have performed the ceremony initiatory to a Soma sacrifice. A. 257. An ordeal should not take place, unless there should be a special reason for it, such as an accusation. Therefore an ordeal must not be administered, unless there be a plaintiff" who declares himself ready to take the punishment on himself in case of defeat. I02 NARADA. 1,258. undergo punishment, an ordeal cannot take place. An ordeal shall be administered to litigants where there is reason for it, but not otherwise. 258. Therefore an intelligent, virtuous, righteous, and wise (king or chief judge) should abstain care- fully from administering any one out of the (five) ordeals, unless both parties consent to it. * 259. The ordeal by water must not take place in the cold weather, nor the ordeal by fire in the hot season, nor must the (ordeal by) poison be admin- istered to any one during the rains, nor the (ordeal by) balance in stormy weather. 20. The Ordeal by Balance. * 260. Wise legislators conversant with every law have proclaimed, after mature consideration, the following rules regarding the mode of performing the ordeal by balance, which may be administered in every season. *26i. The two posts should be dug in every A. Ya^jlavalkya II, 96; Vishwu IV, 20, 21. The reading na di- vyazw (for na vina ?) seems wrong. Or translate, ' but there is no ordeal for plaintiffs.' 258. A king or chief-judge, who is endowed with the qualities here mentioned, should administer an ordeal with the full approval of both parties in a cause, but not otherwise. A. 259. The times or seasons here referred to should be avoided in the case of the ordeal by water and of the other ordeals, because they are illegal. A. Vish?m IX, 24, 26, 28, 30. 260-284. Vish;m X; Ya^wavalkya II, 100-102. 260. 'After mature consideration,' after having duly considered that the ordeals by fire, water, and poison are subject to many interruptions or obstacles arising from time, locality, &c., wise men have devised this ordeal by balance, which may be performed during any season. That is the meaning. A. 261. The apparatus for performing the ordeal by balance, which is described in this and the following paragraphs, consists of the 1,264. ORDEAL BY BALANCE. I03 case to the depth of two Hastas below ground. (The whole of) their length is ordained to amount to six Hastas in extent. * 262. The beam of the balance should be four Hastas in length, and the height of the two posts (above ground) should be the same. The interme- diate space between the two posts should measure one and a half Hastas. * 263. The beam of the balance should be made straight, of Khadira or of Tinduka wood, quadran- gular and (provided) with three Sthanas and with hooks (by which the strings supporting the scale are suspended) and with other (contrivances). * 264. He should cause it to be made of Khadira wood or Swis2.pa. wood, or in default of such, of following elements: i. Two wooden posts, supporting a trans- verse beam. The two posts should be fastened in the ground at a distance of one-and-a-half Hastas (i Hasta = about 18 inches), facing the west and east. The part above ground should be four Hastas long, and the part below ground two Hastas, the whole length of each post amounting to six Hastas. 2. The beam of the balance, by which the scales have to be suspended. The beam itself, which should measure four Hastas, and should be made of Khadira or other strong wood, should be suspended by means of an iron hook and chain in the middle of the transverse beam. 3. The beam of the balance should be surrounded in the middle and at the two extremities, by three Sthanas (belts.?) by which two iron hooks should be fastened. 4. The two scales should be suspended at the two ends of the beam, by the iron hooks, and by four strings each. 5. Each of the two scales should move in a wooden arch (tora«a), which serves the purpose of marking the position of the scales. See Mitakshara and Stenzler's paper on Ordeals (vol. ix of the Journal of the German Oriental Society), to which a drawing has been added for the purpose of illustrating the statements of the Smr/ti writers regarding this kind of ordeal. 263. Read rigvi in the text. 264. Wood of the Khadira tree is the most eligible sort of wood. Then comes Tinduka wood, and lastly ^S'irasapa wood. A. I04 NARADA. I, 265: ^'ala wood, (which must be) without notches and withered portions, and devoid of rents. * 265. These kinds of timber should be used for preparing the beam of the balance, (which should be erected) either in the midst of a public assembly, or before the gates of the royal palace, or in sight of a temple, or in a cross-road. 266. (The balance) must be dug firmly into the earth, after having been covered with perfumes, gar- lands, and unguents, and after the performance of purificatory and auspicious ceremonies with sour milk, whole grain, clarified butter, and perfumes. 267. This ordeal should always be administered in the presence of the guardians of the world, who must be invoked to be present for the protection (of virtue and justice), and in sight of everybody (who cares to look on). '"" 268. It is ordained that all ordeals should be 265. The various places here mentioned are the favourite abodes of Dharmara^a (the king of justice), when he appears on earth. A. The Viramitrodaya and other compositions quote two verses of Katyayana, to the effect that ordeals should be administered to felons in sight of a temple ; to those who have offended against the king, before the gates of his palace ; to low-caste persons, in a cross-road ; and to other offenders, in the midst of a public assembly, or court of justice. 266. It appears from the statements of other legislators, that the ceremonies to be performed on this occasion are perfectly analo- gous to those which have to take place on the occasion of preparing a sacrificial stake (yiipa). 267. ' In sight of everybody,' not in a solitary spot. A. 268-270. This is a digression relative to certain exceptions to the rule in pars. 257, 258. Y%?lavalkya II, 96, 99 ; Vish?m IX, 22. 268. An ordeal is ordained, when the plaintiff declares himself ready to undergo punishment. Where, however, any outrage has been committed against the royal family, an ordeal should be administered even without a declaration of this sort. A. I, 271. ORDEAL BY BALANCE. IO5 administered in the forenoon, the person (to be tested) having fasted for a day and a night, taken a bath, and wearing his wet dress. 269. Excepting cases of high treason, an ordeal shall not be administered, unless the plaintiff comes forward and declares himself ready to undergo pun- ishment in case of his beingr defeated. 270. The king may inflict ordeals on his own servants, even without the one party declaring him- self ready to undergo punishment. On the other hand, in the case of other persons accused of a crime, (he should administer ordeals) according to law (only). *2 7i. After having well fastened the two scales by the hooks of the beam, he should place the man in the one scale and a stone in the other. The essential features of the proceedings described in pars, 271-284 may be summarized as follows: i. The person to be tested by this ordeal should be placed in the one scale, and a basket filled with stones and sand placed in the other scale, as an equivalent. 2. The basket having been made precisely equal in weight to the man with the help of goldsmiths and other persons skilled in the practice of weighing, the position of the beam should be marked on each of the two arches. 3. After that, the man should be allowed to descend from the scale. The judge should admonish him, and he should get into the scale again, after a bill recounting the charge raised against him has been fastened on his head. 4. A Brahman should address the balance with prayers. 5. The man having descended once more from the scale, the result of the second weighing should be compared with the result of the first weighing. If he has risen, i.e. if he has proved Hghter than the first time, he shall be acquitted ; if the scale has gone down, or if it has remained in the same place as before, he must be pronounced guilty. 6. If any part of the balance has broken during the proceeding, he has to be acquitted. 271. The term 'a stone' seems to denote an equivalent here and in the next paragraph. The sequel shows that the equivalent consists of a basket filled with stones and other objects. I06 NARADA. I, 272. * 272. He should weigh the man on the northern side, and the stone on the southern side. There (in the southern scale) he should (place) a basket and fill it up with bricks, mud, and grains of sand. 273. In the first weighing, the weight (of the man) should be ascertained with the aid of experienced men, and the arch marked at that height which corresponds to the even position of the two scales. * 274. Goldsmiths, merchants, and skilful braziers experienced in the art of weighing, should inspect the beam of the balance. *275. After having first weighed the man, and having made (on the arches) a mark for the beam, in order to show the (even) position of the scales, he should cause him to descend from the balance. * 276. After having admonished him with solemn imprecations he should cause the man to get into the scale again, after having fastened a writing on 273-275. Goldsmiths, merchants, braziers, and other persons familiar with the art of weighing, should ascertain whether the man and the equivalent are precisely equal in weight, and whether the beam of the balance is quite straight, by pouring some water (on the beam of the balance ?). A. According to the Pitamaha-smnti, the water shall be poured on the beam of the balance. If it does not trickle down from the beam, the beam may be supposed to be straight. The way in which the position of the scales and of the beam of the balance has to be marked on the two arches, may be gathered from the Ya^^lavalkya-smmi, which ordains that a line shall be drawn (across the arches). 276. He should cause the man to get into the scale once more, after having reminded him of his good actions and of the pre- eminence of truth, having invoked the deities, and having fastened on his head a bill recounting the charge, and containing an impre- cation. The whole proceeding must not take place in windy or rainy weather. A. The Viramitrodaya and other compilations quote another text of Narada, according to which no verdict should be given if the scales have been moved by the wind. I, 283. ORDEAL BY BALANCE. IO7 his head. There must be neither wind nor rainfall (at the time when this ordeal is being performed). 277. When he has ascended (the scale), a Brah- man, holding the scale in his hand, should recite the following : ' Thou art called dha/a (a balance), which appellation is synonymous with dharma (justice). * 278. Thou knowest the bad and good actions of all beings. This man, being arraigned in a cause, is weighed upon 'thee. 279. Thou art superior to gods, demons, and mortals in point of veracity. [Thou, Balance, hast been created by the gods in time out of mind, as a receptacle of truth. * 280. Deign to speak truth, therefore, O propi- tious being, and deliver me from this perplexity. If I am an offender, take me down. *28i. If thou knowest me to be innocent, take me upwards.] Therefore mayst thou deliver him lawfully from the perplexity in which he is involved.' 282. After having addressed him, (invoking) the guardians of the world and the gods, with these and other such speeches, he should cause the man who has been placed in the scale, to descend once more and should ascertain (the state of the matter). ''' 283. If he rises, on being weighed (for the second time), he is undoubtedly innocent. If his 277. This quibble is based on the fact that the two words Dha/a and Dharma commence with the same syllable. 279-281. The words enclosed in brackets cannot be genuine. They appear to be a quotation from the Y%«avalkya-smr/ti (II, 10 1, 102), which has been added as a marginal gloss by a copyist, and has subsequently crept into the text. Ya^ylavalkya puts this entire address in the mouth of the defendant himself, whereas all the other Smriii writers put it in the mouth of a third person. I08 NARADA. 1,284. weight remains the same as before, or if he goes down, he cannot be acquitted. * 284. Should the scales break, or the beam or the hooks split, or the strings burst, or the trans- verse beam split, (the judge) shall pronounce a formal declaration of his innocence. 21. The Ordeal by Fire. ■^''285. I will propound, next, the excellent law re- garding the (ordeal by) fire. The interval between 284. It seems strange that the accidents mentioned in this para- graph should be viewed as proofs of innocence. Vish;m, Katyayana, and Vyasa rule that the proceeding shall be repeated in every such case. Brzliaspati says that these accidents shall be taken as proofs of guilt. The reading murtita// may be wrong (for puna-^ sa ? ' he shall cause the proceeding to be repeated'). See Vyasa. 285-303. Vish/.u XI; Ya^«avalkya II, 103-107. The essential features of the ordeal by fire are as follows: I. Eight concentric circles of equal breadth are marked on a piece of ground. 2. An iron ball is heated repeatedly by a blacksmith. 3. The hands of the defendant are examined, and all existing sores or scars coloured with dots. 4. His hands are wrapped up in leaves, in order to protect them against the hot iron. 5. A prayer addressed to Agni, god of fire, shall be recited and written on a leaf, which is fastened on the head of the defendant. 6. The iron ball is placed in his hands, and he is made to walk slowly through all the circles successively, taking one circle with each step. On reaching the last circle he may throw the ball on the ground. 7. His hands are examined once more. If they are found to con- tain any fresh sores or wounds, he is guilty ; if not, he is innocent. 8. If he lets the ball drop from fear, before having reached the last circle, or if the examination of his hands has yielded no definite result, the whole proceeding has to be repeated. 285. Other legislators state that each circle shall be thirty-two Ahgulas broad together with the space situated between it and the next circle. In par. 299 it is said that the breadth of each circle shall equal the length of the defendant's foot. This rule, according to the commentators, refers to the circle minus the inter- mediate space between it and the next circle, and means that a 1,293- ORDEAL BY FIRE. lOQ every two circles is ordained to measure thirty-two Ahg-ulas. * 286. Thus the space covered by the eight circles will measure two hundred and fifty-six Ahgulas. * 287. He should place seven leaves of the holy fig-tree in the hands of the defendant, and should fasten the leaves (on his hands) with seven threads. * 288. A professional blacksmith, who has prac- tice in working with fire, and whose skill has been tested on previous occasions, should be caused to heat the iron in fire. * 289, 290. An iron ball fifty Palas in weight having been repeatedly made fiery, sparkling and red-hot, a pure Brahman who reveres truth, should address it as follows, when it has been heated thrice: * Listen to the law of Manu, which is superintended by the guardians of the world (themselves). '" 291. Thou, O fire, art the means of purification and the exalted mouth of all the gods. Thou, dwell- ing in the heart of all beings, knowest this affair. * 292. Truth and falsehood proceed from thy tongue. Deign not to show thyself unworthy of the character thus attributed to thee in the Vedas and other books. * 293. This man (the defendant) has been thus addressed by that man (the plaintiff), and has denied circle shall equal the defendant's foot in breadth, where the foot is longer than sixteen Ahgulas. Pitamaha says that the outlines of the circles shall be marked with cow-dung. 288. 'A professional blacksmith,' not one officiating temporarily in that capacity. A. 289, 290. The Viramitrodaya says that the iron ball shall be put into cold water, after it has been heated for the first and second times. no NARADA. 1,294. the charge, (declaring) " I will seize the fire, in order to show that it is all untrue." * 294. Thus confiding in truth, this man is holding thee. Therefore, O fire, be cool for him, if he speak the truth. If, however, he should tell a lie, as a sinner, I implore thee, to burn his hands.' * 295. This prayer having been carefully written on a leaf and recited, he should fasten the leaf on his head, and after having done so, should then give him the iron ball. * 296. Having bathed and stepped into the space covered by the (eight) circles, he should seize the fiery ball, take his stand in one circle, and walk slowly through the seven others. * 297. (The man) must not put it down again till he has passed through the whole of the measured ground. On reaching the eighth circle, he may drop the fiery ball. * 298. That man who lets the ball drop from fear, or who cannot be proved to have been burnt, shall take the hot iron once more ; this is a fixed rule. ^'' 299. Each circle should be made as broad as his foot. He must not go further than the breadth of one circle with one step, nor must he remain behind it. 300. In this way the ordeal by fire should always be performed. It is adapted for every season except summer and very cold weather. * 301. All sores or scars on his hands should be marked with signs previously, and one should ex- amine the hands again afterwards (and look after) the dots with which (the sores) have been marked. 299. Read tatpadasawmitam in the text. I, 305, ORDEALS BY FIRE AND WATER. I I I * 302. If it does not appear whether (either of) the two hands is burnt, he shall take and seven times crush grains of rice in his hand, with all his might. '" 303. The grains having been crushed by him, if the members of the court should declare him to be unburnt, he shall be honourably released as being innocent. If he is burnt, he shall receive due punishment. 22. The Ordeal by Water. 304. I will now proclaim the excellent law regard- ing the (ordeal by) water, (which may be performed at all seasons) one after the other, excepting the winter and dewy seasons. 505. (This ordeal may be performed) in streams 3^ 302, 303. The crushing of grains of rice serves the purpose of making visible such wounds as might have been overlooked previously. Here ends the section of the ordeal by fire. A. 305-317. Vish;m XII ; Ya^?iavalkya II, 108, 109. The ordeal by water may be briefly described as follows: I. This ordeal should be either performed in a tank or in a river which has no swift current. 2. Three arrows should be discharged from a bow of middling size. 3. After that, a strong man should enter the water as far as his navel. The defendant should seize him by the thigh and dive under water. 4. A swift runner should be sent after the second arrow. When he has reached the place where it has fallen, another equally swift runner should be sent back with it to the place where the defendant has entered the water. 5. The defendant is declared innocent, if he has remained under water till the arrow has been brought back. He is declared guilty, if any one of his limbs have been seen, or if he were to emerge from the water in a dififeient spot from that where he entered it. 6. During the proceeding, a prayer is addressed to the deity of water, in which it is asserted, that fire arose from water, and that the water ordeal is superior therefore to the ordeal by fire. 305. The winter season comprises the months Agrahayawa and 112 NARADA. I, 306. which have not too swift a course, in oceans, in rivers, in lakes, in ponds dug by the gods, in tanks, and in pools. ■■" 306. The diving shall take place after three arrows have been discharged from a bow which must not be too strong. Wise men (have declared) what its strength should be. '" 307. A strong bow is declared to be 107 (Ahgulas) long, a moderate bow 106, and an inferior bow 105 (Arigulas). This is declared to be the rule regarding the bow. * 308. A strong man should be placed like a pillar in water, reaching to his navel. The defendant should seize him by the thigh and dive under water. Pausha. The dewy or cold season (.S'i^ira) comprises the months Magha and Phalguna. It appears, therefore, that the ordeal by- water must not be performed during the period extending from the middle of November to the middle of ^farch, i. e. during the cold weather. This is no doubt because the low temperature of the water during the cold weather might affect the capacity of the defendant to hold out under water sufficiently long. 306. Devakhata, ' a pond dug by the gods,' denotes a natural hollow or lake. (Bohtlingk's Dictionary.) Nandapaw/ita, in his Commentary of the Vish«u-smmi (LXIV, 16), gives the well- known lake of Pushkara, near A^mir, as an instance of a Deva- khata. 307. It seems strange that the difference in length between the bows should not amount to more than one Aharula or inch. The commentators take the three numerals in this paragraph to denote 105, 106, and 107 respectively, and I have translated in accordance w-ith this interpretation. It is, however, possible to translate the three numerals by 500, 600, and 700 respectively, and to refer them to the number of Hastas (i Hasta=i8 inches) traversed by each of the three arrows. According to another text, which is wrongly attributed to Narada by some commentators, the arrows shall be shot at a target, which has to be placed at a distance of 150 Hastas from the marksman. I, 3i<3. ORDEAL BY WATER. II3 * 309. From the place where the arrows have been discharged, a young man endowed with swift- ness of hmb should walk as quickly as possible to the place where the middlemost arrow has fallen down. *3io. Another man, who must be an equally swift runner, should seize the middlemost arrow and return with it quickly to the place from which the (first) man has proceeded. 311. If he who took the arrow does not see the defendant in water on arriving, because he is com- pletely under water, the defendant must be acquitted. * 312. Otherwise he is guilty, though only one limb of his have become visible. (He is pronounced guilty) equally, if he has moved to a different place than that where he was first immersed. * 313. Women or children must not be subjected to the ordeal by water by persons acquainted with the law ; nor sick, superannuated, or feeble men. * 3 14. Cowards, those tormented by pain, and per- sons afflicted by a calamity should also be held exempt from this trial. Such persons perish imme- diately after diving, because they are declared to have hardly any breath. *3i5. Should they even have appeared before the court on account of a serious crime, he must not cause them to dive under water, nor must he subject them to the ordeal by fire, or give them poison. * 316. 'Nothing Is more capable than water and fire of showing the difference between right and wrong. 316, 317. These two paragraphs contain the prayer by which the deity of water should be addressed. A. Vish/m XII, 8 ; Ya^;7a- valkya II, 108. [33] I J 14 NARADA. I, 317. Because fire has arisen from the waters, therefore suspected persons * 317. Are subjected to this proof by preference, by persons thoroughly conversant with the law. Therefore deign, O venerable Lord of Waters, to effect acquittal through truth.' 23. The Ordeal by Poison. * 318. Now I shall proclaim the excellent rule re- garding the ordeal by poison : at what time, in what manner, and in what form it should be administered. *3i9. The exact quantity of the poison (to be given) having been fixed by persons conversant with the essence of law, it shall be weighed, and given to the defendant in the autumn season, when winter sets in. 320. A man acquainted with law, must not (ad- minister this ordeal) in the afternoon, nor in the 318-326. The ordeal by poison consists of the swallowing of a mild poison by the defendant. He is innocent if he digests the poison without being affected by it. Vishwu XIII ; Y%/7avalkya II, 1 1 o, 1 1 1 . 319. The autumn season, 6'arad, comprises the two months of Ajvina and Karttika, or from middle of September to middle of November. The winter season comprises the two months of Aprahayawa and Pausha, or from middle of November to middle of January. JNIitrami^ra, who quotes this text in the Viramitrodaya, asserts that the term ' the winter season ' must be taken in this place to include the dewy season, -S'i^ira, as well, i.e. the time from middle of January to middle of March. 320. Though the season of ^arad has been referred to in par. 319, it must be reckoned among the prohibited seasons according to par. 320. A. This observation seems to be just, because the performance of this ordeal in the 6'arad season is prohibited in par. 324 as well. Vasanta, the spring season, extends from middle of INIarch to middle of INIay. Grishma, the hot season, extends from middle of May to middle of July. Varsha, the season of the rains, extends from middle of July to middle of September. I, 325. ORDEAL BY POISON. I I 5 twilight, nor at noon. It must be avoided, likewise, in the autumn, summer, spring, and rainy seasons. *32i. Spoiled poison, shaken poison, scented and mixed poison, as well as Kalaku/a and Alabu poison, should be carefully avoided, *322. Poison from the Srmgs. plant, which grows In the Himalayas, of an excellent quality, having (the required) colour, flavour, and taste, and preserving Its natural condition, should be given to members of the Kshatriya, Vai^ya, and .Sudra castes. * 323. Let him give to the defendant one-eighth less than the twentieth part of a sixth part of a Pala of the poison, mixed with clarified butter. * 324. Six Yavas should be given in the rainy season ; five Yavas in the hot season ; seven or eight In the winter season ; in the autumn season this ordeal must not take place. * 325. ' Thou, O poison, art the son of Brahman. 321. Spoiled, shaken, scented, and mixed poison should be avoided, because it has been changed from its natural state (into something different). Kalaku/a and Alabu poison should be avoided, because it is too strong. A, Kalaku/a is a certain deadly poison contained in a bulbous root or tuber. According to a well- known myth, the Kalaku/a poison was produced at the churning of the ocean, when it threatened to destroy the whole world, and was therefore swallowed by Siva. Alabu is the bottle-gourd. 323. There are 960 Yavas to a Pala. The fraction, therefore, is as follows: — 960 • ^ • -^ • f=7 Yavas. In par. 324, the author says that seven or eight Yavas of poison should be given in winter, i. e. in that season when this ordeal is ordinarily administered. Vish;m lays dowai generally that seven Yavas of poison should be given. 324. This rule shows that the prohibition which has been levelled in par. 320 against the performance of this ordeal in the rainy and summer seasons, must not be interpreted too strictly. 325. This is the prayer which should be addressed to the poison. A. I 2 Il6 NARADA. I- 326. Truth and virtue are thy support. Clear this man from guilt. Become (like) Ambrosia to him, through truth.' * 326. Let the man be kept in a shadowy place without taking food, for the whole remainder of the day. If he remains free from convulsions such as are generally caused by poison, he is declared innocent by Manu. 24. The Ordeal by Sacred Libation. * 327. Now I shall proclaim the excellent rule regarding the ordeal by sacred libation, as it has been laid down, for all seasons indiscriminately, by learned men. * 328. The consecrated water shall be given, early in the morning, to a virtuous man, who believes in God. He must have fasted and bathed, and wear his wet clothes. * 329. The defendant should be made to drink three mouthfuls of water in which (an image of) the deity whom he holds sacred has been bathed and worshipped, * 330. If he should meet himself with any calamity 326. Here ends the chapter of the ordeal by poison. A. 327-333. Vish«u XIV; Ya^ftavalkya II, 112, 113. 327. The ordeal by sacred libation is performed by swal- lowing three mouthfuls of consecrated water in which an idol has been bathed. The defendant is declared innocent, if no misfortune befalls him within a certain period after this trial. 328. Immoral persons and infidels must not be subjected to this ordeal, because they are already deprived of the assistance of the gods in every case. A. Read pQrvahwe in the text. 330. If any misfortune should happen to him, through the act of the king or through fate, it shall be taken as proof of his guilt. A. Other legislators refer in particular to illness, fire, death I, 335. ORDEAL BY SACRED LIBATION. I I 7 within a week or a fortnight (after having under- gone this ordeal), it shall be regarded as proof of his Qfuilt. *33i. If a great misfortune even should befall him after the lapse of a fortnight, he must not be harassed by any one, because the fixed period has elapsed. * 332. The drinking of consecrated water should be avoided in the case of great criminals, irreligious or ungrateful men, eunuchs, low rascals, unbelievers, Vratyas, and slaves. 333. A righteous king, who administers the five ordeals to persons charged with a crime in the way which has been stated, acquires prosperity both in a future state and in this life. * 33 4. The ordeal by water is destined for the hot season. The ordeal by poison (should be admin- istered) in very cold weather. A Brahman should be tested by the balance, fire is reserved for the Kshatriya. * 335, The ordeal by water should be administered to the Vaii-ya. Poison should be given to the ^'udra. He must not give poison to the Brahman, nor should a Kshatriya take the (hot) iron. of a relation, or punishment inflicted by the king. Nor is every sort of disease to be considered as proof of guilt. It is obvious that the inclusion of a punishment inflicted by the king among the proofs of guilt tends to place the defendant at the mercy of the sovereign power. 332. All the various categories of persons that are mentioned here as unfit for the performance of this ordeal are so because they are already deprived of the assistance of the gods in every case. A. Vratyas, those who have not been invested with the thread. 333. The term ' persons charged with a crime ' may denote both real offenders, whose offence has remained secret, and wrongly accused persons. A. Il8 NARADA. 1,336. 336. The (five) ordeals, ending with the sacred libation and beginning with the balance, should be administered in the case of heavy charges. One hundred and fifty (Pa;^as) should be given (to the defendant) if he has been acquitted. One who has not been acquitted is liable to punishment. 25. The Rice Ordeal. ■^^'j. Now I will proclaim the rule regarding the grains of rice which have to be chewed (by the defendant). This rice ordeal should be administered in cases of larceny, but on no other occasion what- soever. That is the law. * 338. Let the judge, who must have cleansed him- self previously, use white grains of rice, but not (the grains) of any other fruit, and let him place them in an earthen vessel in the sight of (an image of the deity of) the sun. 339. After having mixed them with water in which (an image of the sun-god) has been bathed, he shall leave them in that place for a night. At daybreak, after having prepared them three times, a worshipper of the gods shall give them himself 340. (To the defendant), who must be facing the east and must have bathed and fasted, after having proclaimed the charge himself, in order that right may be discerned from wrong. 337-342. The rice ordeal consists of chewing a number of grains of rice in the husk. If the tooth-flesh is hurt and if blood issues forth, or if the man is seen to be trembling during the pro- ceeding, it is viewed as a proof of guilt. Otherwise he is acquitted. 339. Should the reading be tri;^ kn'tva^, ' (he shall give them) thrice ? ' 1,347* ORDEALS BY RICE AND GOLD. II9 * 341. When the defendant has chewed the grains, he shall cause him to spit them on a leaf. If a leaf of the holy fig-tree be not available, he shall take a leaf of the birch-tree (for that purpose). * 342. Should blood issue forth, or the tooth-flesh be hurt, or the limbs shake, he must be pronounced guilty. 26. The Ordeal of the Hot Piece of Gold. 3^ ;43. Now I shall give a description of the ordeal of the hot piece of gold, which has been ordained by Brahman himself for the purpose of distinguishing virtue from vice. * 344. (The judge), after having cleansed himself, shall quickly pour clarified butter into a golden, silver, iron, or earthen vessel, and shall place the vessel on the fire. * 345, He shall throw into it a shining coin, made of gold, silver, copper, or iron, after having washed it in water more than once. * 346. Should (the coin) ever drop into the boiling (mixture), it would be a very dangerous thing to touch him (the fire ?), Therefore he must address the clarified butter with the following prayer : * 347. 'Thou art the best instrument of purifica- tion, O clarified butter, and (comparable to) Am- 343-348. The ordeal of the hot piece of gold (Taptamasha) derives its name from the gold coin (masha) or signet-ring (mu- drika), which those who are tried by this ordeal are required to pick out of a vessel filled with a boiling liquid, with the thumb and forefinger. They are declared innocent, if the hand remains un- hurt. 346. The reading of the first half of this paragraph is quite un- certain, and the above rendering conjectural. 1 20 NARADA. I, 348. brosia at a sacrifice. Burn this man at once if he is criminal, and be as cold as ice to him if he is innocent.' '" 348. If, on touching and examining the forefinger (of the defendant) it is found to be unhurt and to show no boils, he is innocent. Otherwise, he is not (innocent). SECOND TITLE OF LAW. Deposits. "' I. Where a man entrusts any property of his own with another in confidence and without suspicion, it is called by the learned a Deposit, a title of law. 2. A sensible man should make a deposit with one who belongs to a respectable family, and who is virtuous, acquainted with his duties, veracious, influential, wealthy, and honourable. 3. In whatever manner a man may have delivered 348. Some writers refer to two further ordeals, besides the seven kinds mentioned by Narada. One of them is the ordeal of the red-hot ploughshare, which the defendant is made to lick. The other consists of drawing lots. II, I. With one in whom he places no confidence, a man will not deposit a single cowry even, without the guarantee of a written receipt or of witnesses. On the other hand, he will deposit a thousand Suvarwas even, without a receipt or witnesses, with one in whose honesty he places implicit reliance. A. 2. A prudent man may entrust a deposit to one endowed with the seven qualities here mentioned, because he feels sure that he may recover his property at any time. A. The term mahapaksha, ' influential,' means literally one who has many friends and relations. Identical with INIanu VIII, 179. 3. Thus, e. g. a sealed deposit must be returned with the seal, a deposit made before witnesses must be restored in the presence of the same witnesses. See Jolly, translation of Book VIII of the Code of Manu. Identical with IManu VIII, 180. II, 7- DEPOSITS. I 2 I any of his effects to another, in the same manner shall that article be restored to him. Delivery and receipt ought to be equal. 4. If the depositary fails to restore the deposit to the depositor as he ought, he shall be compelled to restore it by forcible means, after his guilt has been proved by ordeals or other (modes of proof). '"5. If one article hidden in another is deposited in another man's house, without stating (what it is), it is termed an Aupanidhika deposit. * 6, Deposits are again divided into two species, attested and unattested ones. They must be restored precisely in the sam.e condition (as they were in at the time of their delivery). Otherwise an ordeal must take place. * 7. The wicked man who does not return a deposit, on being asked to do so by the depositor, shall be punished by the king. If the deposit has 4. Where the depositary, actuated by interested motives, refuses to restore the deposit, and is convicted of his guilt in a court of justice, by an ordeal or by other proof, he must restore it and pay twice its value as a fine. A. Manu VIII, 190. 5. 'One article hidden in another,' such as e.g. a pearl neck- lace tied up with a particular sort of knot in a cloth. Such a deposit must be restored in the same condition as before, and tied with those very knots with which it was originally delivered. A. Ya^wavalkya II, 65. 6. If a deposit has been handed over to the depositary in the presence of witnesses, it must be restored before witnesses. If no witnesses were present at the time of its dehvery, they may be equally dispensed with at the time when it is returned to the depositor. If it is not returned to him, the depositary must perform an ordeal or make an oath, &c. A. 7. The last clause concerns a deposit which has not been returned on demand. In that case, a calamity arising through fate or the king affects the depositary, and not the depositor. A. Manu VIII, 191; Vishwu V, 169-17 1. 122 NARADA. 11,8. been lost or destroyed, he shall make good its value. '" 8. If he derives profit from a deposit, by using it without the consent of the depositor, he shall be punished likewise, and shall restore the profit, together with interest, to the depositor. '" 9. If a deposit is lost, together with the property of the depositary, the loss shall be the depositary's. The same rule shall obtain, if the loss has been caused by fate or by the king ; unless (the de- positary) should have acted fraudulently. 10. The depositor being dead, if the depositary restores the deposit to his next-of-kin, of his own accord, he must not be harassed either by the king or by the relations of the depositor. 11. (The rightful owner) shall try to recover it amicably, without resorting to stratagems. Or he shall explore (the depositary's) mode of living, and cause him to restore it by friendly expostulations. 8. If the depositary without the knowledge of the depositor derives gain from the use of the deposit he shall be punished, and shall make over his gain, together with interest, to the depositor. A. Ya^wavalkya II, 67. 10. If, the depositor being dead, the depositary through honesty restores the deposit to his nearest relative and heir, without having been asked to do so, or without the existence of the deposit being known to the heir, he must not be harassed by the relatives of the depositor asserting, ' He has not restored all,' or by the king. A. Manu VIII, 186. 11. Naraya;/a, in commenting on IManu VIII, 187, observes that this rule applies to one who believes a deposit to be with another, but has not made it over himself. He shall try to recover the deposit amicably ; or he shall ascertain whether the depositary has made extraordinary expenses, and may therefore be suspected to have embezzled the deposit. Other commentators explain this text in a different manner. See Professor Buhler's note on Manu VIII, 187. Nearly identical with Manu VIII, 187. 11,15. DEPOSITS. 123 12. What has been stolen by thieves, carried away by water, or burnt by fire, need not be restored (by the depositary), unless he should have appro- priated something out of it. * 13. He who fails to restore a deposit, and he who demands what he never deposited, shall both be punished like thieves, and shall be made to pay a sum equal (in amount to the value of the deposit). * 14. The same law applies in the case of Ya/'ita, Anvahita, and other such deposits, articles made over to an artist, Nyasa and Pratinyasa deposits. '" 15. If a man takes charge of a wealthy boy, the law is also the same. These six cases are equal (from a legal point of view). 12. If, however, he is convicted, by the performance of an ordeal, of having derived some profit from the deposit, he shall restore his gains. A. Nearly identical with Manu VIII, 189. 13. Either of the two criminals here mentioned must be punished like a thief and pay the value of the deposit as a fine. A. Nearly identical with IManu VIII, 191. 14. Ya/('ita is what has been borrowed for use, especially clothes and ornaments, which have been borrowed on the occasion of a wedding or other festival. Anvahita is a deposit, which has been delivered by the depositor to a third person, on condition of its being returned afterwards to the owner. 'Articles made over to an artist' are materials to be worked by an artizan, as e.g. gold delivered to a goldsmith to be made into an earring. Nyasa is a secret deposit, which has been handed over to some one inhabitant of the house, behind the back of the house-owner. Pratinyasa is a mutual bailment, both parties exchanging deposits with one another. Asahaya, Vi^77ane.fvara, INIitramij-ra, &c. Ya^ilavalkya II, 67. 15. If a man takes a wealthy boy who has no guardian into his house, the property of the boy is subject to the above rules re- garding deposits. A. 124 NARADA. Ill, i. THIRD TITLE OF LAW. Partnership. * I. Where traders or others carry on business jointly, it is called Partnership, which is a title of law. * 2. Where several partners are jointly carrying on business for the purpose of gain, the contribution of funds towards the common stock of the associa- tion forms the basis (of their undertakings). There- fore let each contribute his proper share. '"' 3. The loss, expenses, and profit of each partner are either equal to those of the other partners, or exceed them, or remain below them, according as his share is equal to theirs, or greater, or less. * 4. The stores, the food, the charges (for tolls and the like), the loss, the freight, and the expense of keeping valuables must be duly paid for by each of the several partners, in accordance with the terms of their agreements. "" 5. (Each partner) is responsible for what has been III, 2. Thus, e.g. a principal amounting to 1000 Drammas is invested in their common business by four partners. One con- tributes one-half of the principal, i.e. 500 Drammas. Another contributes one-fifth, i.e. 200 Drammas. A third contributes 200 Drammas likewise. A fourth contributes 100 Drammas. The per- centage of the gain and of the charges will be in accordance with the share contributed by each partner. A. 3. Manu Vni, 211 ; Ya^?1avalkya II, 259. 4. The expense incurred by the purchase of merchandise, for food, &c., has to be defrayed by all the partners in due shares, according to the terms originally agreed on, and the several shares contributed by them. A. 5. He who causes the loss of funds contributed by all the partners must make it good, and so must he who has infringed 111,9. TARTNERSHIP. 1 25 lost by his want of care, or In consequence of his acting- against the instructions of, or without autho- rization from, all the other coparceners. * 6. Where the property of the partnership is in danger through fate, through a gang of robbers, or through the king, the tenth part of the goods shall belong to him who has preserved them through his own exertion, * 7. Should one partner meet with an accident, his heir shall replace him ; or on failure of an heir, another man, or all (the partners) if they are capable (of becoming his substitute). ''"' S. In the same way, where an officiating priest has met with an accident, another (priest) shall officiate for him, and receive from him his part of the fee to the stipulated amount. '" 9. Where an officiating priest forsakes a sacri- the rules of the society, or who has caused a loss by acting without authorization from his partners. A. Ya^?lavalkya II, 260. 6. If any one member of the society exerts himself to guard their common property against a fire, or against a gang of robbers, or against an encroaching prince who wants to seize it, he shall receive a tenth part of it, as a reward for his trouble. A. Yagfia.- valkya II, 260. 7. Should any one among the partners die, his sons or other heirs shall take his share. Failing heirs, it shall belong to any other partner, who is able to officiate for him. Or, if all are able to officiate for him, they all shall take it together. A, Ya^/lavalkya II, 265. 8. If among several officiating priests one should meet with a calamity, his share of the work shall pass to another, and the stipulated fee shall also belong to his substitute. A. IManu VIII, 206. 9. If the case of an officiating priest or sacrificer who has left the other party from anger, avarice, or some other reprehensible motive, and without delinquencies on the part of the other party, be brought before the king, he shall punish him. A. Manu VIII, 389; Ya^Tlavalkya II, 237; Vishwu V, 113. 126 NARADA. Ill, 10. ficer, who Is no offender and free from guilt, or where (a sacrlficer) forsakes a faultless priest, they shall both be punished. * lo. There are three sorts of officiating priests : one honoured by previous generations, one appointed by {the sacrificer) himself, and one who performs the functions of a priest of his own accord through friendship. * II. This law applies to hereditary and self- chosen priests. But it is no sin to abandon a priest officiating of his own accord. *i2. A trader on reachinof a toll-house should pay the legal duty. A prudent man must not try to evade it, (because) it is called the (king's) tax. *" 13. If he evades a toll-house, or if he buys or sells at another than the legal hour, or if he does not state the value (of his goods) correctly, he shall be fined eight times the amount which he tried to evade. 11. In the case of those officiating priests who have been em- ployed by the ancestors of the sacrifices, i. e. who are hereditary in his family, and in the case of those who have been chosen by himself the punishment ordained for forsaking a priest should be inflicted. But if the sacrificer abandons one who officiates for him from friendship, and employs in his place one better qualified, or more acceptable to himself, awarding to him the stipulated fee, he is free from blame. A. 12. A duty is the king's due, and traders must not defraud the king of it. A. 13. There are three ways for evading a duty : one, if a merchant avoids a toll-house and thus escapes paying the ordinary toll ; another, if he buys or sells at an unseasonable time a commodity on which he has not paid the customary duty ; a third, if he does not state correctly the amount or value of his goods or chattels. A merchant, who has committed any one out of these offences, shall pay eight times the amount of the duty embezzled by him as a fine. A. Manu VIII, 400; Ya^jlavalkya II, 262. in, i8. PARTNERSHIP. 1 07 14. It is declared that a wise man should always abstain from levying a toll on that property of a learned Brahman which belongs to his household ; but not (on that which he uses) for trading purposes. 15. The alms received by Brahmans, the pro- perty of stage players, and what is capable of being- carried on one's back ; on all that he must raise no duty. * 16. If a travelling merchant who has come into his country should die there, the king shall preserve his goods till the heir comes forward. * 17. On failure of an heir, he must make them over to his relatives or connexions. On failure of them, he shall keep them well guarded for a period of ten years. '" 18. When such property without an ow^ner, and Vv^hich is not claimed by an heir, has been preserved for ten years, the king may keep it for himself. Thus the sacred law will not be violated. 14. The term 6"rotriya, ' a learned Brahman,' applies to Brahmans generally in this place. All the chattels of a Brahman, except what belongs to the household furniture, are liable to pay duty. Likewise, if he imports and exports goods in trading, those goods have to pay duty. A. Manu VII, 133; Apastamba II, 10, 26, 10; Vasish/Aa XIX, 23; Vish;m III, 26. 15. The following three descriptions of property shall be exempt from taxation : alms received by Brahmans, no matter how great their value ; the property of actors, singers, and the like persons ; and what may be carried on the shoulders by any one. A. Vasish///a XIX, 37. 18. Read adayadaz?^ in the text. 128 NARADA. IV, I. FOURTH TITLE OF LAW. Resumption of Gift. ""I. Where a man wishes to resume what he has given, because it has been unduly given by him, it is called Resumption of Gift, a title of law. * 2. What may be given and what not, valid gifts and invalid gifts ; thus the law of gift is declared fourfold in judicial affairs. * 3. Again, what may not be given is eightfold ; what may be given is of one kind only ; of valid gifts there are seven species ; and sixteen sorts of invalid gifts. * 4. An Anvahita deposit, a Ya/'ita, a pledge, joint property, a deposit, a son, a wife, the whole property of one who has offspring, * 5. And what has been promised to another man ; these have been declared by the spiritual guides to be inalienable by one in the worst plight even. ''• 6. What is left (of the property) after the ex- pense of maintaining the family has been defrayed, IV, I. ' Unduly ' means in a mode opposed to law. INIitSkshara, Viramitrodaya, Mayukha, &c. Manu VIII, 214. 2. ' Valid gifts,' literally ' what is given.' ' Invalid gifts,' literally ' what is not given.' 4. For the meaning of the technical terms, Anvahita and Ya/^ita, see II, 14. The prohibition of such gifts as would leave the family destitute appears to relate principally to charitable donations and religious endowments. 4-6. Ya^jlavalkya II, 175. 6. That only may be given which is left after the cost of living has been defrayed for those whom the head of the family is bound to support. Any gift, on the other hand, which causes hardship to the family, is reprehensible, and not meritorious. A. IV, 9- RESUMPTION OF GIFT. I 29 may be given. But by giving away anything be- sides, a householder will incur censure. 7. He who has, for three years, property sufficient to provide for those whom he is bound to maintain, or who has even more than that, shall drink the Soma juice. * 8. The price paid for merchandise, wages, (a present offered) for an amusement, (a gift made) from affection, or from gratitude, or for sexual intercourse with a woman, and a respectful gift, are the seven kinds of valid gifts. * 9. Invalid gifts are the following (sixteen) : what 7. This rule applies to those cases where there is more wealth than what suffices to maintain the family. A. Manu XI, 7 ; Ya^jlavalkya I, 124 ; Vasish//^a VIII, 10 ; Vish;/u LIX, 8. 8. Those gifts only are valid which have been made in one of the seven modes here mentioned. The sixteen other modes of gift are illegal. A. ' A present offered for an amusement,' i. e. what has been given to bards, eulogists, and the like persons. ' A gift made from affection,' to a daughter or other relative. Virami- trodaya, &c. Instead of stribhakti, ' sexual intercourse with a woman,' the MSS. of Vulg. and the quotations read struulka, ' a nuptial gift presented to the relations of the wife.' 9-1 1. I. ' Fear,' as e. g. if an honest man promises one hundred drachmas to a ruffian who addresses him, while he is passing through a forest, with the words, ' If thou givest me one hundred drachmas, thou shalt live. Otherwise, thou shalt die.' 2. ' Anger, or hatred:' if a man, actuated by jealousy, says to a Brahman, to whom his wife has offered a seat, ' All the furniture which you see in this house shall be yours.' 3. ' Sorrow:' if a man, in a heavy afflic- tion, declares, ' I will go into the forest. My house has been given to Brahmans to-day.' 4. ' Pain : ' a man distressed by a painful illness, says to a Brahman, ' I have given thee one hundred iSuvarwas.' 5. 'A bribe:' a litigant says to an assessor of the court, ' I will give thee one hundred Pa«as if my cause is declared victorious by thee.' 6. ' In jest,' what has been laughingly given. 7. ' Under false pretences,' as e. g. under the following circum- stances : — A libidinous man is enamoured of a public woman, by the name of A'iatama?l^^ari (' Mango Bud '). He is deprived of her [33] K 130 NARADA. IV, 10. has been given by a man under the influence of fear, anger, hatred, sorrow or pain ; or as a bribe ; or in jest ; or fraudulently, under false pretences ; * 10. Or by a child ; or by a fool ; or by a person not his own master ; or by one distressed ; or by one intoxicated ; or by one insane ; or in consideration of a reward, thinking ' This man will show me some service ; ' *ii. And so is invalid what was given from ig- norance to an unworthy man thought to be worthy, or for a purpose (thought to be) virtuous. * 12. Both the donee who covets invalid gifts and accepts them from avarice, and the donor of what ought not to be given who yet gives it away, deserve punishment. by a Thakur, and is bewailing his separation from her. Some one asks him whether he will make him a present of a ring, in case he should bring A'utama??^ari before him. He promises to give the ring and offers a surety for it. Thereupon the other exhibits a Mango bud (A'utamajl^ari) to him, instead of the woman A'uta- maf/^ari. 8. What was given by a child. 9. What was given by a fool. 10. What was given by a person not his own master. II. What was given by one distressed, as e.g. if a man being carried away by a current of water exclaims, ' I will give one hundred Suvarwas to any one who saves my life.' 12. What was given by one inebriated. 13. What was given by one insane or possessed by a demon. 14. What was given through a hope of recompense, in expectation of some service to be performed by the donee. 15. What was given to an unworthy man, from ignorance, as e. g. to a -S'fidra, whom the donor fancied to be a Brahman, because he saw him girt with the sacred thread. 16. What was given for a purpose (thought to be) virtuous, as e. g. if a devout man has made a religious endowment, and the donee employs it for gambling or libidinous purposes. A. Other jurists construe these texts somewhat differently, in order to obtain the sixteen sorts of void gifts distinguished by Narada. Manu VIII, 212. V, 6. RESUMPTION OF GIFT ; SERVICE. I 3 j FIFTH TITLE OF LAW. Breach of a Contract of Service. * I. If a man has promised to render service and fails to render it, it is termed Breach of a Contract of Service, a title of law. * 2. The sages have distinguished five sorts of attendants according to law. Among these are four sorts of labourers ; the slaves (are the fifth category, of which there are) fifteen species. * 3. A student, an apprentice, a hired servant, and fourthly, an official ; these must be regarded as labourers ; slaves are those born in the house and the rest. * 4. The sages have declared that the state of de- pendence is common to all these; but that their respective position and income depends on their particular caste and occupation. "^^ 5. Know that there are two sorts of occupations ; pure work and impure work. Impure work is that done by slaves. Pure work is that done by labourers. " 6. Sweeping the gateway, the privy, the road, * V, 1-4. Persons bound to obedience. A. 3. ' A student,' one studying divine science. ' A pupil,' an apprentice. Viramitrodaya, &c. 4. Their respective position depends on their caste, and their income depends on their occupation. A. 5-7. Unclean occupations. A. 6. The term ' sweeping' has to be construed with all four nouns, the gateway and the rest. 'The privy,' i.e. a hole or other receptacle of impure substances. ' The place for rubbish,' i.e. a place where the dust and other sweepings from the house are deposited. Viramitrodaya, K 2 132 NARADA. V, 7, and the place for rubbish ; shampoouig the secret parts of the body ; gathering and putting away the leavings of food, ordure, and urine, * 7. And lastly, rubbing the master's limbs when desired ; this should be regarded as impure work. All other work besides this is pure. * 8. Till he has mastered science, let a student attend diligently on his teacher. The same conduct has to be observed by him towards his teacher's wife and son. * 9. Let him preserve chastity and beg alms, lying on a low couch and using no ornaments. Let him go to rest after and rise before all (others who are staying at) his teacher's house. * 10. Let him never come or stay without his teacher's bidding. His (teacher's) call he must obey without hesitation, when he is able to do so. 11. Let him read at the proper time, when his teacher is not averse to it, sitting on a lower seat than his teacher, by his side, or on a bench, and paying attention (to what he says). 12. Science, like the current of a stream, is con- stantly advancing towards the plain. Therefore, let one studying science be humble towards his teacher. * 13. His teacher shall correct him, if he does not 8. He must obey his teacher's wife and son, as much as the teacher himself. A, 8-1 1. Vish?m XXVIII, and the references in the Notes to that Chapter. 9-15. Rules of conduct for a student. A. 12. 'The current of a stream,' meaning a river, advances into the plain, and so does science. Therefore one engaged in studying it should always be lowly and humble. A. 13-14. Gautama II, 42-44; Apastamba I, 28, 29, 31; Manu VIII, 299, 300. V, i8. CONTRACTS OF SERVICE. I T, :» pay obedience to him, scoldincr him or chastisino- him with a rope or with a small shoot of cane. 14. (The teacher) must not strike him a heavy blow, nor (must he beat him) on a noble part or on the chest ; and he must encourage him, after having chastised him. Otherwise the king shall punish him. *i5. After having completed his studies, let him give the customary present to his teacher and turn home. The conduct of a pupil has been declared. * 16. If (a young man) wishes to be initiated into the art of his own craft, with the sanction of his relations, he must go and live with a master, the duration of his apprenticeship having been fixed. '""■ 1 7. The master shall teach him at his own house and feed him. He must not employ him in work of a different description, and treat him like a son. *i8. If one forsakes a master, who instructs him 13. Scolding him, i.e. abusing him. A. The Nepalese MS. has a better reading of this clause : ' Or he shall beat him ^vithout hurting him, with ' &c. 14. A teacher, though angry, must not strike his pupil severely, nor on a noble part, nor on the chest. After having beaten him, he must again encourage him. If the teacher, actuated by an excess of anger, beats him too severely, the pupil shall announce it to the king, who shall punish the teacher. A. 15. Manu II, 245; Ya^uavalkya I, 51 ; Apastamba I, 11, 30, i ; Gautama IX, i ; Vish/m XXVIII, 42. 16-21. Rules for an apprentice. A. 16. The teacher must make an agreement in this form, 'Let this apprentice stay with me so and so long.' Viramitrodaya. 17. The teacher shall cause the pupil to do the work peculiar to his own profession, and no other work, and shall feed him and instruct him at his own house. He shall treat him like a son, and not like a labourer. A. 1 8. If a pupil forsakes his teacher, though the latter has not committed a mortal sin or other heavy crime, the teacher may compel him by forcible means to remain at his house. A. 134 NARADA. V, 19. and whose character Is unexceptionable, he may be compelled by forcible means to remain (at the master's house), and he deserves corporal punish- ment and confinement. "19. Though his course of instruction be com- pleted, an apprentice must continue to reside at the house of his master, till the fixed period has expired. The profit of whatever work he may be doing there belongs to his master. * 20. When he has learnt the art of his craft within the (stipulated) period, the apprentice shall reward his master as plentifully as he can, and return home, after having taken leave of him. 21. Or, a certain fee having been agreed upon and the skill of the pupil examined, the apprentice shall take (his fee) and shall not go to live in the house of another man. *22. Hired servants are of three kinds: highest, middlemost, and lowest. The wages due for their labour are fixed in proportion to their skill and to the value of their services. *2 3. Soldiers constitute the highest class, agricul- turists the middle class, and porters the lowest class. These are the three classes of hired servants. 19. The whole gain of that work which is done by the apprentice while staying at the house of his master after completing his course of instruction, belongs to the master, and not to the apprentice. A. Ya^navalkya II, 184. 20. After the lapse of the stipulated period, i.e. when the time fixed for his apprenticeship has expired. A. 21. The apprentice shall receive whatever fee has been agreed upon, after his skill has been examined by the master. A. The only MS. of the earlier recension of the Narada-smmi breaks off at this paragraph. The remainder of the present translation has been done from the more recent recension of the Narada-smr/ti. See Introduction. Y, 26. CONTRACTS OF SERVICE. 1 35 "•24. One appointed to manage the property (of the family) and to superintend the household, must also be reearded as a labourer. He is also termed Kau/umbika (the general family servant). '" 25. Thus have the four classes of servants doing pure work been enumerated. All the others do dirty work and are slaves, of whom there are fifteen kinds. '""26. One born at (his master's) house; one pur- 24. ' The property,' meaning fields or ready money, &c. ' One appointed to manage it,' i. e. one deputed to administrate it. Viramitrodaya, p. 405. 26-28. ' One born at (his master's) house,' one born of a female slave in the house (of her master). * One received (by gift),' one obtained by the acceptance of a gift and the like. ' One obtained by inheritance/ a slave of the father or other ancestor. ' One maintained during a general famine,' one whose life has been preserved, during a period of dearth, in order that he might do service (for his preserver). ' One pledged by his rightful owner,' one reduced to the condition of a pledge, for a loan received (by his master). ' One released from a heavy debt,' one enslaved for debt, whose debt has been paid and who has thereby become the slave (of him ^vho paid the debt). ' One made captive in a fight,' one defeated in a combat and enslaved by the victorious party. ' One won through a wager,' one gained through the success of a cause, which was preceded by an agreement in this form, ' If I am defeated in this quarrel, I will be thy slave.' ' One who has come forward declaring, " I am thine," ' one who has promised of his own accord to become the slave of another man. ' An apostate from asceticism,' one who has forsaken the order of religious ascetics. ' One enslaved for a stipulated period,' one obtained through an agreement in this form, ' I will be thy slave for such a space of time.' ' One who has become a slave in order to get a maintenance,' one who has offered himself as a slave, on condition that food shall always be given to him. ' One enslaved on account of his connexion with a female slave:' by a female slave is meant a female house-slave ; one enslaved for connexion with her is one who has married her through love, and has thus been reduced to the status of a slave. ' One self-sold ' is one who has sold himself. 136 NARADA. Y, 27. chased ; one received (by gift) ; one obtained by inheritance; one maintained during a general famine; one pledged by his rightful owner ; "'• 2 7. One released from a heavy debt ; one made captive in a fight ; one won through a wager ; one who has come forward declaring, ' I am thine ; ' an apostate from asceticism ; one enslaved for a stipu- lated period ; *28. One who has become a slave in order to get a maintenance ; one enslaved on account of his connexion with a female slave ; and one self-sold. These are the fifteen classes of slaves as declared in law. '"29. Among these, the four named first cannot be released from bondage, except by the favour of their owners. Their bondage is hereditary. '"'■30. Should any one out of them (however) save his master's life, when his life is in peril, he shall be released from slavery and shall take a son's share (of his master's wealth). *3i. One maintained during a famine is released from bondage if he gives a pair of oxen. It is not These are the fifteen species (of slaves). Mitakshara, p. 268. Manu VIII, 415. 30. This rule is applicable to any of the fifteen sorts of slaves. Mitakshara, p. 269. Other commentators cite an encounter with a tiger as an instance of a perilous situation. The slave, in order to obtain release from slavery, must have risked his own life in rescuing his master. 31. The objection that a slave cannot give a pair of oxen, as he has no property of his own according to Narada himself (V, 41), may be met by the argument that the dominion of slaves over affectionate gifts and the like is universally acknowledged, just as the right of a woman to dispose of Stridhana given to her as an affectionate present. See the gloss on this text in Colebrooke's Digest, III, I, 43. V, 39' CONTRACTS OF SERVICE. I 37 by labour (alone) that the value of the food con- sumed during a famine can be repaid. ■'•'32. One pledged (is released) when his master redeems him by discharging the debt. If, however, he causes (the pledgee) to take him in lieu of pay- ment, he becomes equal to a purchased slave. * ^^. It is by paying his debt with interest, that a debtor is released from slavery. One enslaved for a stipulated period recovers freedom on the expiration of that period. * 34. One who has come forward declaring, ' I am thine,' one made a prisoner in war, and one won through a wager, these are released on giving a substitute whose capacity for work is equal to theirs. *35. An apostate from asceticism shall become the king's slave. He can never be emancipated, nor is there any expiation of his crime. *36. One who has become a slave in order to get a maintenance, is released at once on giving up the said subsistence. One enslaved on account of his being connected with a female slave is released on parting with her. '^T)'/. That wretch who, being Independent, sells himself, is the vilest of slaves. He cannot be re- leased from bondage. '■' ^S. Those who are sold after having been captured by robbers, and those who are enslaved by forcible means, must be emancipated by the king. Their slavery is not legal. *39. In the inverse order of the (four) castes, 33. Y%;7avalkya II, 182. 35. Ya^?7avalkya 11, 183. 36. The IVIitakshara (p. 270) declares that sexual intercourse with a slave is prohibited. Ya^;7avalkya II, 182. 38. Y%;7avalkya II, 182. 39. As a man of the highest caste may marry a wife of an I 38 NARADA. V, 40. slavery is not ordained, except where a man violates the duties peculiar to his caste. Slavery (in that respect) is analogous to the condition of a wife. *40. If one not his own master offers himself (as a slave), saying, ' I am thine,' he (to whom he has offered himself) may not dispose of him. His former master may recover him when he likes. *4i. Three persons are declared to have no pro- prietary right : a wife, a slave, and a son. What- ever property they acquire shall be made over to him to whom they belong. *42. He who pleased in his mind wishes to emancipate his own slave, shall take from his (the slave's) shoulders a jar filled with water and smash it. *43. He shall sprinkle his head with the water, which must contain whole grain and flowers, and inferior caste or of his own caste, whereas a woman of the highest caste is forbidden to marry a man of inferior caste, the same rule should be observed with regard to a slave. Viramitrodaya, p. 406. An ascetic who violates the duties of his order is liable to become the slave of his inferior in caste even. INIitakshara, p. 271. Yag'wavalkya II, 183; ]\Ianu VIII, 410-414. 40. If a man, after having promised to become the slave of one man, enters the service of another man afterwards, that other man must relinquish him. ' One not his own master,' i. e. the slave of another man. Viramitrodaya, p. 411. 41. According to the standard commentators the purport of this rule is merely to indicate the want of independence of wives, sons, and slaves in the disposal of their property. See Professor Biihler's note on Manu VIII, 416. Identical with I\Ianu VIII, 416. 42. 43. The breaking of a water-pot which the slave is carrying on his shoulder is said to be indicative of the discontinuance of the former slave's office to carry water. The solemn smashing of a water-jar (gha/a-spho/a) forms the principal part of another ceremony of a totally different character as well, viz. of the ceremony of expulsion from caste. VI, 4- SERVICE ; WAGES. I 39 having declared him a free man three times, he shall dismiss him with his face turned towards the east ^ SIXTH TITLE OF LAW. Non-payment of Wages. *,i. A series of rules will be stated (next) for the payment and non-payment of labourers' wages. It is termed ' Non-payment of Wages,' a title of law. * 2. A master shall regularly pay wages to the servant hired by him, whether it be at the com- mencement, at the middle, or at the end of his w^ork, just as he had agreed to do. * 3. Where the amount of the wages has not been fixed, (the servant of) a trader, a herdsman, and an agricultural servant shall respectively take a tenth part of the profit (derived from the sale of mer- chandise), of the seed of cows, and of the grain. * 4. Their implements of work, and whatever else ^ The Indian MSS. and some quotations insert the following para- graph here, which is omitted in the Nepalese MS. and in other quotations : — " *44. From that time let it be said that this slave is cherished by the favour of his master. His food may be eaten, and presents accepted from him, and he shall be respected (by worihy persons).' VI, 2. When the amount of the wages has been fixed by an agree- ment in this form, ' I will give thee thus much,' it shall be divided into three parts, and one part be given on three occasions, viz. at the commencement, middle, and end of the labour. This rule is applicable where the amount of the wages has been fixed. The next paragraph states the rule for those cases where the amount of the wages has not been fixed. Viramitrodaya, p. 414. 3. The strange term ' the seed of cows ' denotes cows' milk according to the commentators. Ya^/zavalkya 11, 194. 4. The phrase ' whatever may have been entrusted to servants for their business ' is explained as referring to grain and the like 140 NARADA. VI, 5. may have been entrusted to them for their business, they shall employ with due care and not neglect them wantonly. '" 5. If one fails to perform such work as he had promised to do, he shall be compelled to perform it, first paying him his wages. If he does not perform it after having taken wages, he must pay back twice the amount of his wages. ■" 6. One who abandons merchandise which he had agreed to convey to its destination, shall give a sixth part of the wages. (An employer) who does not pay the wages which he had agreed to give shall forfeit those wages together with interest. * 7. A merchant who does not take a conveyance used for agriculture. It appears from the preceding paragraph that business of every sort is intended. Ya^;/avalkya II, 193. 5. Manu VIII, 215; Apastamba II, 11, 28, 2-3; Vish;m V, 153. 154 ; Ya^«avalkya II, 193. 6. The Ratnakara refers the second half of this paragraph, like the first half, to the special case of wages or hire promised to the carrier for the transport of goods. See Colebrooke's Digest, III, I, 92. Ya^;7avalkya II, 198. 7. 'A conveyance,' a cart or the like. 'Beasts for draught or burden,' horses or others. When a man hires the conveyance, &c. of another for the purpose of transporting merchandise, and does not transport the merchandise afterwards, because he has promised to pay an excessive hire, he shall pay a fourth part of the promised hire to the owner of the conveyance. When, however, he takes the conveyance and leaves it, after having completed one half of the journey, he shall have to pay the whole of the hire. Viramitrodaya, p. 420. Ya^;7avalkya 11, 198. Of vv. 6, 7, the Nepalese MS. has an entirely different version, as follows : ' * 6. One who abandons his work before the expiration of the term, forfeits his wages. If it is through the fault of his employer that he strikes work, he shall be rewarded for as much as has been finished by him. 7. He who leaves on the road that which he had undertaken to transport, shall give a sixth part of the (stipulated) wages. An employer who does not pay (wages) after having set the workman to work, (shall be VI, II. NON-PAYMENT OF WAGES. 141 or beasts for draught or burden, after having hired them, shall be made to pay a fourth part of the hire ; and the whole, if he leaves them half-way, '"" 8. And so shall a carrier who fails to transport (the goods entrusted to him) forfeit his wages. He shall be compelled to pay twice the amount of his wages, if he raises difficulties at the time of starting. * 9. When the merchandise has been damaged by the carrier's fault, he shall have to make good every loss, not including such losses as may have been caused by fate or by the king. '" 10. For (tending) a hundred cows, (a heifer shall be given to the herdsman) as wages every year ; for (tending) two hundred (cows), a milch cow (shall be given to him annually), and he shall be allowed to milk (all the cow^s) every eighth day. *ii. Those (cows) which a cowherd takes to compelled to pay) the wages together with interest.' This is probably the true reading, as paragraphs 6 and 7 are quoted in this form in the Viramitrodaya and in Colebrooke's Digest respectively. 8. According to the INIitakshara (p. 280), the excessive fine ordained in the second half of this paragraph shall be inflicted when a man raises obstacles on specially important occasions, such as a wedding, or the auspicious time for undertaking a journey. Ya_^;7avalkya II, 197, 9. ' Merchandise,' pearls or other commodities which are to be transported. 'Damaged,' i.e. destroyed. In the terms 'mer- chandise ' and * carrier,' which are successively used in this para- graph, a bull and a husbandman are included by implication. Thus it is declared in the Madanaratna. Viramitrodaya, p. 418. What the Madanaratna means is this, that the responsibility of a husband- man for a bull used by him for the purposes of agriculture is analogous to the responsibility of a carrier for the goods he has undertaken to transport. Vish;m V, 155, 156; Ya^«avalkya II, 197. 10. Manu VIII, 231. 11. Manu VIII, 230; Ya^?7avalkya II, 164. 142 NARADA. VI, 12. pasture every day when the night is over, he shall take back again in the evening, after they have eaten (grass) and drunk (water). *I2. If such a cow meets with an accident, he shall struggle to protect her as best he may. If he is unable (to rescue her) he shall go in haste to announce it to his master. *i3. Should he neither struggle to protect (the cow), nor raise a cry, nor announce it to his master, the herdsman must make good the value of the cow (to the owner), and (must pay) a fine to the king. * 14. But the herdsman alone shall make good (the loss of an animal) which has strayed, or been destroyed by worms, or slain by dogs, or met its death (by tumbling) into a pit, if he did not duly exert himself (to prevent such accidents). *I5. So if goats or sheep are surrounded by wolves, and the herdsman does not come (to their assistance), he shall be responsible for any (animal) which a wolf may attack and kill. 12. He shall struggle to protect the cow, and if unable to pro- tect her he shall raise an alarm. Ratnakara. See Colebrooke's Digest, III, 4, II. 13. The second half of this paragraph is read as follows in the Nepalese jNIS. : 'The herdsman is to blame in that case, and he shall make good the loss.' 14. Nearly identical with Manu VIII, 232, Read nash/ara in the text. The Nepalese MS, here inserts the following paragraph, which is nearly identical with Manu VIII, 234: 'If cattle die, let him give everything to the owner : the tail, skin, the hindpart, the thigh, the bladder, tendons, and yellow concrete bile, and let him point out their particular marks.' 15. Identical with Manu VIII, 235. The Nepalese MS. adds the following paragraph, which is nearly identical with Manu VIII, 236: 'If they graze together in the forest, without being kept in order, and a wolf, suddenly jumping on one of them, kills it, the herdsman shall be free from blame in that case.' VI, 21. NON-PAYMENT OF WAGES. I43 * 16. But for (an animal) seized by robbers, though he raised a cry, the herdsman shall not be bound to pay, provided he gives notice to his master at the proper place and time. *i7. It is according to these principles that all disputes arising with herdsmen have to be settled. In case of the (natural) death (of an animal entrusted to his care the herdsman) is free from blame, if he can produce the tail, the horns, and the rest. *i8. If a public woman declines to receive a man after having received her fee, she shall pay twice the amount (of the fee). The same (fine shall be imposed) on a man who does not pay the (sti- pulated) fee, after having had connexion with a woman (of this description). * 19. Should a man unnaturally abuse the person (of a public woman) or cause her to be approached by many, he must pay eight times the amount (of the stipulated fee), and a fine to the same amount. * 20. If a man has built a house on the ground of a stranger and lives in it, paying rent for it, he may take with him, when he leaves the house, the thatch, the timber, the bricks, and other (building materials). * 21. But if he has been residing on the ground 16. Identical with Manu VIII, 233. 17. The term 'the rest' may be referred, in accordance with the analogous rule of INIanu, to the ' ears, hide, bladder, tendons, the yellow concrete bile, and the special proofs or marks.' Manu VIII, 234. 18. Illness, however, is considered as a legitimate reason for breaking an engagement of this sort. Viramitrodaya, p. 422, and other commentaries. 21. The delivery of the materials, out of which the house has been constructed, to the owner of the ground, has to be regarded as a compensation for the ground having been used without authorisation from the owner. 144 NARADA. VI, 2?. of a stranger, without paying rent and against that man's wish, he shall by no means take with him, on leaving it, the thatch and the timber. ''' 2 2. Hired commodities shall be restored (by the hirer), when the fixed period has expired. The hirer must make good whatever may have been spoiled or destroyed except in the case of (inevitable) accident. SEVENTH TITLE OF LAW. Sales Effected by Another than the Rightful Owner. *i. When property kept as a deposit, or the property of a stranger lost (by him) and found (by another man), or stolen articles, are sold in secret, it has to be considered as a 'Sale Effected by Another than the Rightful Owner.' * 2. When a chattel, which had been sold by another person than the owner, has been recovered 2 2. This rule applies in the case of water-jars and the like having been injured or destroyed. Viramitrodaya, p. 421. The Ratnakara refers this paragraph to broken carriages and the like. See Cole- brooke's Digest, HI, i, 104. ' Spoiled/ i. e. partially disfigured. ' Destroyed,' i.e. entirely ruined. 'Accident,' when the things have been knocked against one another. Viramitrodaya, ibid. VII, I. The term 'property kept as a deposit' includes by im- plication a Ya-^ita and the other species of bailments. Viramitro- daya, p. 374, and the other commentaries. See II. Title of Law, 14, 15- 2. The owner of a chattel, which has been sold by a stranger who has no right to it, may reclaim it from any one who happens to be possessed of it. Viramitrodaya, p. 375; Vishwu V, 164- 166; Manu VIII, 201, 202; Ya^wavalkya II, 168. In the Nepalese IMS. the last clause runs as follows : ' The buyer who buys in secret is guilty of theft.' VII, 5- wages; sales. 145 by the owner, he may keep It. No blame attaches to a sale effected in public, but a clandestine sale is viewed in the same lioht as theft accordinof to law. * 3. If a man buys from a slave who has not been authorized (to sell) by his master, or from a rogue, or in secret, or at a very low price, or at an improper time, he is as guilty as the seller. * 4. The purchaser must not make a secret of the way in which he came by a chattel (purchased by him). He becomes free from blame if he can point out the way in which the chattel was acquired by him. In any other case he is equally guilty with the vendor, and shall suffer the punishment of a thief * 5, The vendor shall restore his property to the rightful owner, and shall pay to the buyer the price for which it was sold to him ; besides that he shall pay a fine to the king. Such is the rule in the case 3. ' One who has not been authorized (to sell) by his master,' one who has received no special permission from him (to sell the chattel). The term ' a slave ' has to be interpreted in a pregnant sense, so as to include young sons and other dependent persons. Viramitrodaya, p. 375. Vish;m V, 166; Ya^;7avalkya II, i68. 4. It appears from the detailed provisions of B/'/haspati, Katya- yana, and other Smrz'ti-writers on the subject of purchase and sale, that every purchase, in order lo be legitimate, had to be concluded in open market, on a market day or hour ; or that, at least, the purchaser was required to produce the vendor, w^hen the purchase had not been made in open market. Ya^;7avalkya II, i68. The Nepalese MS. inserts the following paragraph here: 'Any purchase or sale which has been effected by another than the rightful owner must be known to be invalid ; this is a rule in lawsuits.' The quotations in the Viramitrodaya and other works prove this verse to be genuine. Ya^«avalkya II, 1 70. 5. Ya^;7avalkya II, 170. [33] L 146 NARAD A. VII, 6 of a sale effected by another than the rightful owner. 6. If any one finds a treasure, which had been deposited by a stranger, he shall take it to the king. Every treasure, found by members of any caste, belongs to the king, excepting (those treasures which have been found by) members of the Brahman caste. 7. A Brahman even, when he has found a trea- sure, must at once give notice to the king. If the king gives it to him he may enjoy it. If he does not give notice, he is (viewed as) a thief. 8. Of his own property also, which he had lost and found again afterwards, a man must give notice to the king. If he does so, he may keep it as his lawful property. It is not his lawful property other- wise. EIGHTH TITLE OF LAW. Non-delivery of a Sold Chattel. *i. When merchandise has been sold for a (cer- tain) price and is not delivered to the purchaser, it is termed Non-delivery of a Sold Chattel, a title of law. * 2. Property in this world is of two kinds, movable and immovable. All that is termed mer- chandise in the law^s regarding purchase and sale. * 3. The rule regarding the gift and receipt of 6-8. Gautama X, 36-38, 43-45; VasishMa III, 13-14; XVI, 19,20; Manu VIII, 30-39; Vish«u V, 56-64; Ya^wavalkya II, 33-3-. The position of the two last paragraphs is inverted in the Nepalese MS. VIII, 3. ' Gift ' means sale. ' Receipt ' means purchase. What VIII, 5- SALES ; NON-DELIVERY. I47 merchandise is declared sixfold by the learned : (what is sold) by tale, by weight, by measure, according to work, according to its beauty, and according to its splendour. * 4, If a man sells property for a certain price, and does not hand it over to the purchaser, he shall have to pay its produce, if it is immovable, and the profits arising on it, if it is movable property. * 5. If there has been a fall in the market value of the article in question (in the interval, the pur- chaser) shall receive both the article itself, and together with it the difference (in point of value). This law applies to those who are inhabitants of the same place ; but to those who travel abroad, the is counted before selling it is said to be sold ' by tale.' Betel-nuts may be mentioned as an instance. ' What is sold by weight,' such as gold or sandal-wood and the like substances, which are weighed on a pair of scales. ' What is sold by measure,' such as rice or the like. ' By work,' such as animals giving milk or used for draught or burden. ' According to its beauty,' something handsome, as e.g. a handsome prostitute. 'According to its splendour,' or lustre, as e.g. rubies. Viramitrodaya, p. 437. A similar exposition is delivered in the Ratnakara, as quoted in Colebrooke's Digest, m, 3, 3- 4. 'The profits arising on it,' such as e.g. the milk of a cow. Viramitrodaya, p. 437. The Vivada^intamawi (p. 55) and the Ratnakara, as quoted in Colebrooke's Digest (III, 3, 18), take the term kriyaphalam as a Dvandva compound, denoting * the work, such as the carrying of burdens and the like, and the profits, such as milk and the like.' Vish;m V, 127 ; Y%;7avalkya II, 254. 5. The previous paragraph contains the rule for those cases where the value of the property has increased after its sale. The present rule refers to those cases where the value of the property has diminished after the sale. Viramitrodaya, p. 437. Those who travel abroad, i. e. who are in the habit of visiting other countries (for trading purposes), may claim the profit which might have accrued to them from travelling abroad. Vivada/('intama;/i, pp. 55, 56. Vish7m V, 129; Ya^;7avalkya II, 254. L 2 148 NARADA. VIII, 6. profit arising from (dealing in) foreign countries shall be made over (as well). * 6. If the article (sold) should have been injured, or destroyed by fire, or carried off, the loss shall be charged to the seller, because he did not deliver it after it had been sold by him. * 7. When a man shows one thing, which is fault- less (to the intending purchaser), and (afterwards) delivers another thing to him, which has a blemish, he shall be compelled to pay twice its value (to the purchaser), and an equal amount as a fine. * 8. So when a man sells something to one person, and (afterwards) delivers it to another person, he shall be compelled to pay twice its value (to the purchaser), and a hne to the king. * 9. When a purchaser does not accept an article purchased by himself, which is delivered to him (by the vendor), the vendor commits no wrong by selling it to a different person. * 10. Thus has the rule been declared with regard 6. According to G^agannatha, this rule has reference to those cases only where the purchaser has not formally asked for the delivery of the property purchased by himself. He infers from a text ofYao-wavalkyathat after a demand the loss shall fall on the vendor, even though the property was injured in one of the modes men- tioned by that authority, i.e. by force majeure. See Colebrooke's Digest, III, 3, 27. It is quite doubtful, however, whether the com- piler of the Narada-smr^ti had this distinction in view. Ya^;7avalkya II, 256. 8. 9. Both he who shows unblemished goods, and sells blemished goods afterwards, and he who sells property to one man and after- wards sells the same property to another man, though the first sale has not been rescinded by the purchaser, shall pay twice the value of the property sold as a fine. Viramitrodaya, p. 440. Ya^«a- valkya II, 257. 9. Ya^Tlavalkya II, 255. 10. Consequently, where there is no agreement as to the time of IX, 2. SALE AND PURCHASE. 149 to that merchandise for which the price has been tendered. When the price has not been tendered, there is no offence to be imputed to the vendor, except in the case of a special agreement. * 1 1. It is for the sake of gain that merchants are in the habit of buying and selhng merchandise of every sort. That gain is, in proportion to the price, either ereat or the reverse. *I2. Therefore shall merchants fix a just price for their merchandise, according to the locality and season, and let them refrain from dishonest dealings. Thus (by adhering to these principles) traffic be- comes an honest profession. NINTH TITLE OF LAW. Rescission of Purchase. * I. When a purchaser, after having purchased an article for a (certain) price, repents (of the purchase made by himself), it is termed Rescission of Pur- chase, a title of law. *2. When a purchaser, after having purchased an article for a (certain) price, thinks he has made a foolish bargain, he may return it to the vendor on the same day, in an undamaged condition. delivery, the vendor commits no wrong by retaining a commodity sold, on purpose to obtain payment. Thus according to the gloss in Colebrooke's Digest, III, 3, 20. The Viramitrodaya (p. 441) has a slightly different explanation. ' Where the price for a sold chattel has not been paid, and the purchase concluded through a verbal engagement merely, there is no offence whether it be ratified or not, unless there should be an agreement in this form, " This purchase cannot be rescinded." ' I 50 NARADA. IX, 3. *3. When the purchaser returns it on the second day (after the purchase has been made), he shall lose a thirtieth part of the price. (He shall lose) twice as much on the third day. After that time, the purchaser is bound to keep it. *4. The (intending) purchaser shall first examine an article (before purchasing it), in order to find out its good and bad qualities. That which has been approved by the purchaser after close examination, cannot be returned to the vendor. *5, Milch cattle maybe examined for three days ; animals of burden, for five days ; and in the case of precious stones, pearls, and coral, the period of examination may extend over seven days. ■^^"6. Bipeds shall be examined within half a month ; a female, within twice the same (space of time) ; all sorts of grain, w^ithin ten days ; iron and clothes, within a single day. * 7. A worn gown, which is in a ragged condition and soiled with dirt, cannot be returned to the vendor, if it was in that blemished state at the time when the purchase was effected. '"8. Wearing apparel loses the eighth part of its value on being washed for the first time ; the fourth IX, 3. ' He shall lose a thirtieth part,' he shall give one-thirtieth part more than the stipulated price. ' Twice as much,' i. e. a fifteenth. See Colebrooke's Digest, III, 3, 5. 5, 6. ' For three days,' including the day of purchase. The terms ' for five days,' &c., have to be interpreted in the same way. ' Milch cattle,' such as e.g. female buffaloes. 'Animals of burden,' such as e.g. young bulls. ' Bipeds,' males, i.e. male slaves. ' Twice the same space of time,' a month. ' A female,' a female slave. Vira- mitrodaya, pp. 433, 434. Manu VIII, 222 ; Y%wavalkya II, 177. 8, 9. When apparel has been given to a washerman to be washed by him, he is bound to make good the value of that IX, 12. RESCISSION OF PURCHASE. 151 part (on being washed) for the second time ; the third part (on being washed) for the third time ; and one half (on being washed) for the fourth time. *9. One half of the original value having been lost, a quarter (of the reduced value) shall be de- ducted henceforth, till the fringe is tattered and (the cloth) in rags. In the case of tattered cloth, there is no rule regarding the reduction of its value (through being washed). * 10. There is no other way for preparing metallic apparatus of any sort than by forging it in fire according to the rules (of art). While they are being forged, (the weight of) the metals is diminished by exposure in fire. * 1 1. Gold is not injured at all (by such treatment). On silver, the loss amounts to two Palas in the hundred. On tin and lead, the loss is eight Palas in the hundred. ''' 12. On copper, as well as on utensils made of it, the loss should be known to be five Palas (in the hundred). As for iron, there is no fixed rule re- garding the loss arising on it, because it is different in nature from the other metals. which has been spoiled by him. If it has been washed a single time, he must make good its original value minus an eighth. If it has been washed twice, he must make good its original value minus a fourth. Thus if it has been washed three times, a third has to be deducted from the original value, and so forth. Viramitrodaya, P- 372. II, 12. The value of gold is not diminished on its being heated in fire. Therefore, as much (gold) as has been delivered to a goldsmith for making a bracelet and the like, thus much shall the goldsmith restore after having weighed it. Otherwise, he shall be compelled to restore the loss, and to pay a fine. When silver, a hundred Palas in weight, is heated in fire, the loss amounts to 152 NARADA. TX, 13. 1 3. The loss and gain arising from the prepara- tion of cloth shall be stated (next). On yarns made of cotton or wool, the increase of value amounts to ten in the hundred. 14. (This rule has reference) to large tissue (only). In the case of (tissue of) middle size, five in the hundred (is gained). In the case of very fine tissue, the gain is said to amount to three Palas in the hundred. 15. In the case of cloth made of the hair of an animal, and of embroidered cloth, the loss amounts to one-thirtieth. In the case of silk stuff and of cloth prepared from the inner bark of trees, the gain is the same (as the loss in the preceding case). Nor is there any loss (in these cases). *i6. A merchant who is acquainted with the qualities of the merchandise (he deals in) must not two Palas. When a hundred Palas of tin or lead is heated in fire, the loss amounts to eight Palas. In the case of copper, the loss shall be five Palas. Artizans losing more than the above amount shall be punished. INIitakshara, pp. 264, 265. Ya^ilavalkya II, 178. 13-15. When a blanket or the like is made of coarse woollen thread, the increase must be considered to amount to ten Palas in the hundred. The same rule applies in the case of cloth and the like made of cotton thread. In the case of cloth and the like of a middling quality, i.e. which is not made of very fine thread, the increase amounts to five Palas. In the case of cloth made of very fine thread, the increase is three Palas in the hundred. All these rules apply in the case of washed cloih only. That is called ' embroidered cloth ' (karmika or karmakr/ta) where a circle, Svas- tika, or other (figure) is worked on woven cloth, with coloured yarns. ' Cloth made of the hair (of an animal) ' is where hairs are joined so as to form a piece of cloth or the like. IMitakshara, pp. 265, 266. ManuVIII, 397; Yao-zlavalkya II, 179, 180. 16. 'He must not annul a purchase,' he must not repent of it. * He must know ' before concluding a purchase, the ' loss and gain on merchandise,' such as horses or others, i.e. the diminution of X, 2. purchase; compacts. 153 annul a purchase, after having once made it. He ought to know all about the profit and loss on merchandise, and its origin. TENTH TITLE OF LAW. Transgression of a Compact. ■'"'I. The aggregate of the rules settled amongst heretics, followers of the Veda (Naigarnas) and others, is called Samaya (compact, or established usage). Thus arises a title of law, termed Trans- gression of a Compact. *2. Among heretics, followers of the Veda (Nai- garnas), guilds (of merchants), corporations (Pugas), troops (of soldiers), assemblages (of kinsmen), and other (associations) the king must maintain the usages (settled among them), both in fortified towns and in the open country. its value in one country, and the increase of its value in another country, and ' its origin,' the country where it comes from. That is the meaning. Viramitrodaya, pp. 434, 435. X, I. 'Heretics,' Kshapa«akas (Buddhist or Jain mendicants) and others who detract from the authority of the Veda. ' Naigamas,' traders or merchants. According to the Mitakshara, the term Naigama refers to Pa^upatas and others who uphold the authority of the Veda. The term 'and others 'is used to include corporations of learned Brahmans and other (associations). Viramitrodaya, p. 423. The term samaya, literally 'compact,' denotes local or caste usages, the violation of which forms the subject of the tenth title of law. 2. Of the term Naigama, the commentators give the same two different interpretations as in the preceding paragraph. I have referred it to ' followers of the Veda,' because it comes immediately after the term ' heretics.' The term puga has three interpretations in this place. Some say it means 'companies of traders or others.' 154 NARADA. X, 3. *3. Whatever be their laws, their (religious) duties, (the rules regarding) their attendance, and the (particular mode of) livelihood prescribed for them, that the king shall approve of. *4. The king shall prevent them from undertaking such acts as would be either opposed (to the wishes of the king), or contemptible in their nature, or injurious to his interests. * 5. Mixed assemblages, unlawful wearing of arms, and mutual attacks between those persons shall not be tolerated by the king. Others say it denotes ' associations of persons differing in caste, whose mode of subsistence is not fixed.' The Viramitrodaya interprets it as referring to riders on elephants, horses, &c. In explanation of the terms vrata, ' a troop of soldiers,' and ga«a, ' an assemblage of kinsmen,' the commentators quote the following text of Katyayana : ' A multitude of united men armed with various weapons is called vrata. An assemblage of families is called gawa.' Manu VIII, 41 ; Ya^navalkya II, 192, &c. 3. * Their laws,' such as to speak the truth. ' Their (religious) duties,' such as the duty of going about begging alms when the night is over, early in the morning. ' The rules regarding their attendance,' the duty of attending, in a temple or other (public hall), for the affairs of the community, when the sound of a drum or other instrument is heard. Viramitrodaya, p. 430. The Ratnakara interprets the term karma, 'their (religious) duties,' by ' their proper occupation for a liveUhood.' The drift of this rule, according to Gagannatha,is this, that the king must not act otherwise than is consistent with the usages of castes or other corporations. See Colebrooke's Digest, III, 2, 11. Ya^?lavalkya II, 192, &c. 4. ' Contemptible in their nature,' essentially despicable, such as the eating of betel, which is customary among heretics and others. ' Injurious to his interests,' causing pecuniary loss, &c. ' He shall prevent them from undertaking such acts,' he shall act so that they do not undertake them. Viramitrodaya, pp. 430, 431. 5. ' Mixed assemblages,' meetings or gatherings of persons differing in caste. ' Unlawful wearing of arms,' wearing arms without sufficient motives, such as the apprehension of a danger. See Ratnakara, as quoted in Colebrooke's Digest, III, 2, 25. XI, 2. VIOLATION OF A COMPACT; BOUNDARIES. 1 55 '"6. Those who cause dissension among the members of an association, shall undergo punish- ment of a specially severe kind ; because they would prove extremely dangerous, like an (epi- demic) disease, if they M^ere allowed to go free. * 7. Whenever a criminal act, opposed to the dictates of morality, has been attempted, a king desirous of prosperity shall redress it. ELEVENTH TITLE OF LAW. Boundary Disputes. *i. Whenever (a decision has to be given) in regard to landed property, whether it be a dike (or bridge), a field, a boundary, a tilled piece of ground, or a waste, it is termed a Boundary Dispute. 2. In all quarrels regarding landed property or boundaries, the decision rests with the neighbours, the inhabitants of the same town or village, the 6. 'An association,' a guild of merchants or other corporation. Viramitrodaya, p. 430. 7. When an act tainted with the sin of covetousness or another crime, and opposed to the dictates of revealed and traditional law, such as e.g. the prostitution of widows or other (virtuous females) among heretics or other (sinful men), has been attempted, the king must redress it, though it may have been practised for a long time. Viramitrodaya, p. 431. XI, I. The meaning is as follows: 'A dike,' an embankment for the purposes of irrigation. ' A field,' a cultivated piece of ground (under water). 'A boundary,' a landmark. 'A tilled piece of ground,' cultivated soil. 'A waste,' uncultivated ground. When a decision has to be given in a quarrel with regard to any of these, it is called a lawsuit concerning landed property, or Boundary Dispute. Viramitrodaya, p. 451. 2. Manu VIII, 259; Ya^?lavalkya II, 150. 156 NARADA. XI, 3. (other) members of the same community, and the senior (inhabitants of the district), *3. (As also) witli those Hving outside on the outskirts of the village and who live by the tillage of fields situated in those parts, and with herdsmen, bird-catchers, hunters, and other inhabitants of the woods. 4. These men shall determine the boundary, in accordance with the (old) landmarks, (such as) chaff of grain, coal, pot-sherds, wells, sanctuaries, trees, 5. Objects of general notoriety, such as ant-hills, artificial mounds, slopes, hills and the like, and fields, gardens, roads, and old dikes. 6. When a piece of ground has been carried off by a stream, or abandoned (by the owner), or when the boundary marks have been destroyed, (they shall fix the boundary) according to the inference to be drawn from (an inspection of) the spot, and according to the traces of possession (held by the former owner). * 7. Should the neighbours speak falsely, when called upon to decide a question of this sort, they shall all be punished one by one by the king, each having to pay the fine of the (second or) middlemost degree. *8. The corporation, the senior (inhabitants of 3. The foresters shall only be consulted in default of cultivators whose fields are adjacent to the boundaries of the village. Virami- trodaya, p. 456. Manu VIII, 260. Y%?lavalkya II, 150. 4, 5. Manu VIII, 246-251; Ya^^iavalkya II, 151. 7. Manu VIII, 263; Y%-wavalkya II, 153. The fine of the second degree consists of 500 Pa«as. 8. The lower degree of punishment in the case of the persons here mentioned seems to be due to the fact that they may be supposed to be interested in the suit. XI, 13- BOUNDARY DISPUTES. 1 57 the district) and the rest shall also receive punish- ment one by one : they shall have to pay the fine of the first degree, if they make false statements, *9. The boundary should not be fixed by one man single-handed, though he be a reliable person. This business should be entrusted to a plurality of persons, because it is an affair of importance. *io. Should a single man undertake to fix the boundary, (he must do so) after having kept a fast, in a collected frame of mind, wearing a garland of red flowers and a (red) cloak, having strewed earth on his head. * 1 1. Should there be no persons conversant (with the true state of the question) and no boundary marks, then the king himself shall fix the boundary between the two estates, as he thinks best. 12, According^ to this rule let all contests be decided in regard to houses, gardens, reservoirs of water, sanctuaries and the rest, as well as the space intermediate between two villagfes, * 1 3. When trees have grown on the boundary (or ridge) separating two contiguous fields, the fruits and blossoms shall be assigned to the owners of the two fields in common. 9. According to the Viramitrodaya (p. 458), this prohibition in regard to the determination of the boundary by a single man, has reference to those only who are not acceptable to both parties and unacquainted with the law. 10. INIanu VIII, 256; Ya^riavalkya II, 152. 11. In default of neighbours and other persons conversant with the state of the matter, and of trees and other boundary marks, the king shall fix the boundary of his own accord. He shall distribute the ground intermediate between the two villages, which has become the subject of a contest, between the two litigant parties, and fix landmarks between the two. Viramitrodaya, p. 460. Manu VIII, 265; Ya^/lavalkya II, 153. 158 NARADA. XI, 14. *I4. When the boughs (or offshoots) of trees grown on the field of one man should take root in the field of another man, they must be known to belong by right to the owner (of that field), because they have sprung forth in another field (than the stem of the tree). *i5. A cross-road, the sanctuary of a deity, a street, and a public road must not be obstructed by (a place for) ordure, a terrace, a pit, an aqueduct, the edge of a thatch (syandanika), or the like (obstructions). 1 6. Should any one cause such obstruction through inadvertency or by force, the king shall impose on him a fine of the hio-hest decree. * 1 7. The (erection of a) dike in the middle of another man's field is not a prohibited act, as it may be productive of considerable advantage, whereas the loss is trifling. That is to be desired as (com- parative) gain where there is (a slight) loss (only). *i8. There are two sorts of dikes (or water- courses), one (called kheya) which is dug into the ground, and (another called bandhya) which prevents the access of water. A kheya dike serves the pur- pose of irrigation, a bandhya dike serves to keep the water off. * 19. No grain Is (ever produced) without water ; 14. This rule seems to be intended principally for banyans and the like trees covering a large area with their offshoots. The Nepalese MS. omits vv. 13, 14, 16. 15. The term syandanika is variously explained as denoting either the projecting roof or the eaves of a house. 17. Ya^TJavalkya II, 156. 18. Kheya means literally 'what is capable of being dug,' and bandhya ' what is capable of being stopped.' What is meant by these two terms may best be seen from the next paragraph. XI, 24. BOUNDARY DISPUTES. 1 59 but too much water tends to spoil the grain. An inundation is as injurious (to growth) as a dearth of water. * 20. If a man were to put in repair a dike erected long ago, but decayed, without asking the permission of the owner, he shall not have (the use and) profits of it. * 21. However, after the death of the owner or of another man sprung from the same race (who has succeeded to his property), he may repair the dike, after having been authorized to do so by the king. * 22. By acting otherwise he will get into trouble, in the same way as the hunter (of the tale). The shafts of him are spent in vain who hits again and again one who has been hit already. '" 23. When the owner of a field is unable (to cul- tivate it), or dead, or gone no one knows whither, any stranger who undertakes its cultivation un- checked (by the owner or others) shall be allowed to keep the produce. * 24, When the owner returns while the stranger 20. With the owner's permission, any man may restore a dike, &c., which has fallen into decay. Viramitrodaya, p. 468. Ya^Tla- valkya II, 157. Read pravr/ttam in the text. 21. The authority of the king is required, because, without it, the profits of the dike would have to be enjoyed by the king himself. See Ya^rlavalkya II, 157. 22. The tertium comparationis in this simile has to be sought in the vanity of the effort only. Manu (IX, 73) applies the same simile to seed, i.e. semen virile spent in vain on the field, i.e. wife of a stranger. 23. 'Unable' (to cultivate the field) through want of means. * A field,' one which has become a desert. Vivada^-intamawi, p. 64. 24. ' The owner,' or his son or other (descendant). 'The whole expense incurred in tilling the waste,' the cost of converting the desert into cultivated ground. Viramitrodaya, pp. 469, 470. l6o NARADA. XI, 25. is engaged in cultivating the field, (the owner) shall recover his field, after having paid (to the cultivator) the whole expense incurred in tilling the waste. 25. A deduction of an eighth part (shall be made), till seven years have elapsed. But when the eighth year arrives, (the owner) shall recover the field cul- tivated (by the other, as his independent property), * 26, A tract of land (which has not been under cultivation) for a year is called Ardhakhila (half- waste). That which has not been (under cultivation) for three years is called Khila (waste). That which has not been under cultivation for five years is no better than a forest, 27, A field which has been held by three genera- tions in succession, and a house which has been inherited from an ancestor, cannot be estranged (from its legitimate owner) by force of possession, except when the king wills it so. * 28. When grain has been destroyed by cows or 25. It appears from an analogous text of Katyayana that this rule is intended for those cases where the owner is unable to pay for the expense incurred by the cultivator. Katyayana says, ' If through want of means (the owner) do not repay the expense entailed by the cultivation of the waste, the cultivator shall be allowed to keep the produce minus an eighth part. During eight years he may keep the (annual) produce (minus an eighth). After that period, it shall belong to the proprietor.' 26. These definidons are inserted here, because the previous rules according to the commentators apply to a desert or forest only, the cultivation of which causes considerable difficulty and expense. 28-42. Narada's eleventh title of law, though called 'Boundary Disputes,' is in reality a collection of all legal rules relating to fields. Manu and those who follow him treat the subject of damage done by cattle to crops or grass as a section of the chapter on 'Disputes between master and herdsman,' which title of law is wanting in the Narada-smr/ti. 28. Gautama XII, 20. XI, 32. BOUNDARY DISPUTES. l6l Other cattle crossing a fence, the herdsman deserves punishment in that case, unless he should have done his best to keep the cattle off. * 29. When grain has been destroyed (altogether), with the root, the owner of it may claim a corre- sponding quantity of grain (as damages) ; the herds- man shall be corporally punished ; and on his master he shall impose a fine. * 30. A cow within ten days after her calving, a full grown bull, a horse, and an elephant shall be kept off carefully. The owner of any one out of these animals is not liable to punishment (should they do mischief). 31. For (mischief done by) a cow he shall inflict * 3 a fine of one Masha ; for (mischief done by) a female buffalo, two Mashas ; in the case of a goat or sheep (trespassing) with its young, the fine shall amount to half a Masha. '"32. The (owners of) elephants and horses shall not have to pay any fine ; for they are looked upon as protectors of (the king's) subjects. Impunity is (likewise) granted to (the owner of) a strayed cow, 29. The author of the Viramitrodaya (p. 450) observes ex- pressly that the term vadha denotes corporal punishment, and not execution, in this place. The other commentators agree with him. Manu VIII, 241 ; Ya^T/avalkya II, 161 ; Gautama XII, 26 ; Vish«u V, 146. The Nepalese MS. omits this paragraph. 30. The reason why horses and elephants have to be kept off is given in paragraph 32. Horses and elephants were used for the purposes of war principally. Manu VIII, 242; Ya^;7avalkya II, 163, &c. 31. Vishwu V, 140-144; Gautama XII, 22-25; Ya^;7avalkya n, 159- 32. 33. Manu VIII, 242; Vish;m V, 150; Ya^;7avalkya II, 163. The Nepalese MS. has ' a pregnant cow' for ' a strayed cow.' [33] M A 162 NARADA. XI, 33. of one that has recently calved, and of one un- manageable. 33, (As also to the owner of) one that has lost her way, or broken down, or stuck (hi marshy p-round), or (of) a bull marked with the sign of con- secration. Four times (the amount of the damage done) is declared (to be the fine) in the case of (a cow) whose nostrils have been pierced and who abides in the field. * 34. When the cattle lie down in the field (after grazing), the fine to be inflicted shall be double ; when they remain (in the field for the night), it shall be four times (the ordinary amount) ; when they graze in the sight (of the keeper), that man shall be punished even as a thief. '"' 35- When cows, straying through the fault of 33. The genuineness of this paragraph appears doubtful, because some of the propositions contained in it are nearly identical with the rules laid down in the paragraphs immediately preceding and follow- ing it. Besides, the language of this paragraph is obscure, and it is not given in any commentary nor in the Nepalese MS. The solemn ceremony of setting a bull at liberty and consecrating him to the gods, with a mark on each flank, is described by Vish;m, chapter LXXXVI, and in the Gr/hya-sutras. Piercing the nostrils of a barren cow is mentioned as an offence by Manu VIII, 325. It does not become clear why damage done by a cow of this sort should be a greater offence than damage done by an ordinary cow. 34. 'When they lie down in the field,' after having eaten their fill. ' When they remain,' when they spend the night in the field, after grazing. Vivada/^intamawi, G^agannatha, &c. ' In the sight of the keeper : ' thus according to G^agannatha (Colebrooke's Digest, III, 4, 46 ^. The correctness of his interpretation is confirmed by Yao-;7avalkya II, 162. According to the Vivada/^intamam (p. 67), the meaning is this, that the cattle are allowed to graze by the keeper, in the sight of the proprietor of the field, and in spite of the remonstrances of the latter. Vishwu V, 145 ; Ya^^valkya II, 160, 162. XI, 39- TRESPASSING CATTLE. 1 63 their keeper, have entered a field, no punishment shall be inflicted on the owner of the cows ; the herdsman (alone) is punishable (for the damage done by them). * 36. When (a herdsman) has been seized by the king or (devoured) by an alligator, or struck by Indra's thunderbolt, or bitten by a serpent, or fallen from a tree, ^ Z1- Or killed by a tiger or other (ferocious animal), or smitten by a disease of any sort, no offence can be imputed either to the herdsman or to the owner of the cattle. * 2,^. When a man claims damages for grain con- sumed by cattle (grazing in his field), that quantity of grain must be restored to him (by the owner of the cattle), which has been consumed in the field in the estimation of the neighbours. * 39. The cows shall be given up to their owner, and the orain to the husbandman. In the same way a fine shall be imposed on the herdsman when grain has been trodden down (by cows). 36. ' Seized by the king,' employed in the king's business. See Colebrooke's Digest, III, 4, 52. 37. This paragraph is omitted in the Nepalese IMS. 38. Gautama XII, 26; Manu VIII, 241; Y%;7avalkya II, 161. The Nepalese MS. inserts a spurious verse here, the first half of which is identical with Manu IX, 37, and the second half identical with Narada XI, 22. 39. The meaning of the injunction to give up the cows seems to be this, that the owner of the cows shall not at once recover them, when they have been seized by the proprietor of the field, after doing damage in the field. The VivadaX'intama;/i has a different reading of this clause : gavatra;^ gomina deya?;^. This is explained as meaning that ' blades of corn must be made good by the owner of cattle.' Similar readings are found in other com- mentaries as well. Apastamba II, 11, 28, 5. M 2 164 NARADA. XI, 40. 40. When a field is situate on the borders of a village, or contiguous to a pasture ground, or adjacent to a high road, the herdsman is not repre- hensible for the destruction of grain (in that field), if the field is not protected by a fence. *4i. On (that side of) the field which faces the road a fence shall be made over which a camel cannot look, nor cattle or horses jump, and which a boar cannot break through. * 42. A householder's house and his field are con- sidered as the two fundaments of his existence. Therefore let not the king upset either of them ; for that is the root of householders. 43. When his people are flourishing, the religious merit and the treasure of a king are sure to be in a flourishing state as well. When (the people) cease to prosper, (his merit and his treasure) are sure to abate as well. Therefore he must never lose sight of (that) cause of prosperity. TWELFTH TITLE OF LAW. The Mutual Duties of Husband and Wife. ^' I . That title of law in which the legal rules for women and men regarding marriage and the other 40. ' Pasture ground,' a meadow reserved for feeding cows or other cattle. Ratnakara. See Colebrooke's Digest, III, 4, 27. Manu VIII, 238, 240; Vishwu V, 147, 148; Gautama XII, 21; Ya^wavalkya II, 162. 41. Manu VIII, 239. 42. This maxim shows that the compiler of the Narada-smr/ti wrote for an essentially agricultural people. XII, I. INIanu IX, i. XII, 5- cattle; husband and wife. 165 (mutual relations between them) are laid down is called The Mutual Duties of Husband and Wife. 2. When a woman and man are to unite (as wife and husband), the choice of the bride must take place first of all. The choice of the bride is suc- ceeded by the (ceremony of) joining the bride and bridegroom's hands. Thus the ceremony (of mar- riage) is twofold. 3. Of these two parts (of the marriage ceremony) the choice of the bride is declared to lose its binding force, when a blemish is (subsequently) discovered (in either of the two parties). The Mantra (prayer), which is recited during the ceremony of joining the bride and bridegroom's hands, is the permanent token of matrimony. 4. When a Brahman, Kshatriya, Vai^ya, or ^udra takes a wife, it is best for him to take her out of his own caste ; and so is a member of her own caste the (most eligible) husband for a woman (of any caste). 5. A Brahman may marry three wives of different caste, in the direct order of the castes ; and so may 2. The Sm;-/ti-writers, as a rule, do not mention the act of vara7/a, ' choice of a bride,' at all. It appears from the next para- graph that Narada also does not place it on a par with the ceremony of marriage, which is indissoluble for life. 3. The ' choice of the bride,' or betrothal, being dissoluble on the discovery of a blemish (in either party), it follows that the act of joining the bride and bridegroom's hands, i. e. the ceremony of marriage, must be indissoluble. See, too, paragraph 28. The particular Mantras to be recited during the marriage ceremony are given in the Gr/hya-sutras. 4. Apastamba II, 6, 13, i ; Vasish//m YIII, i ; Gautama IV, i ; INIanu III, 12 ; Ya^jTavalkya I, 55. 5. 6. It is important to note that Narada belongs to that group of Smr/ti-writers who recognise the legitimacy of marriage unions between Brahmans and -Sudra women. Baudhayana I, 8, 16, 1-5; 1 66 NARADA. XII, 6. a ^'udra woman take a husband of any of the three castes above her own. 6. For a Kshatriya, two wives differing (from him) in caste are permitted ; for a Vaiiya, a single wife differing (from him) in caste. (On the other hand), a Vai^ya woman may take a husband of two different castes ; and a Kshatriya woman may take a husband of one different caste. 7. Sagotras and Samanapravaras are ineligible for marriage up to the fifth and seventh degrees of relationship respectively, on the father's and mother's side. *8. The man must undergo an examination with regard to his virile ; when the fact of his virile has been placed beyond doubt, he shall obtain the maiden, (but not otherwise.) *9. If his collar-bone, his knee, and his bones (in Vasish//;a I, 24, 25; Visbm XXIV, 1-4; Manu III, 12-14; Y%?lavalkya I, 56, 57. 6. The somewhat laconic terms of the original may be para- phrased as follows : A Kshatriya may marry a Vaii'ya and a »S"udra woman, besides a wife of his own caste. A Vai^ya may marry a 6'udra woman, besides a wife of his own caste. A Vaijya woman may either take a Vaij-ya husband, or she may wed a Kshatriya or a Brahman. A Kshatriya may either take a Kshatriya husband, or she may marry a Brahman. 7. ASagotra is a relative bearing the same family name (laukika gotra). A Samanapravara is one descended from the same 7?/shi (vaidika gotra). See Professor Biihler's notes on Gautama XVIII, 6 ; Apastamba II, 5, 11, 15. Manu III, 5; Apastamba II, 5, 11, 15-16 ; Gautama IV, 2-5 ; Vasish/^a VIII, 1,2; Baudhayana II, i, 31-38; Vish?m XXIV, 9, 10; Manu III, 5; Ya^riavalkya I, 53. 8. Y%«avalkya I, 55. It should be observed, however, that the eligibility of impotent men or eunuchs for marriage is recognised in the Code of jManu(IX. 203), and that such men are very commonly married now-a-days. 9. The curious disquisition on impotency is quoted in such an XII, 13- IMPOTENCY. 167 general) are strongly made ; If his shoulders and his hair are (also) strongly made; if the nape of his neck is stout, and his thigh and his skin delicate ; if his gait and his voice is vigorous ; * 10. If his semen, when thrown into water, does not swim on the surface ; and if his urine is rich and foamy : by these tokens may a potent man be known ; and one impotent by the opposite characteristics. *ii. Fourteen species of impotent men are dis- tinguished by the sages, according to the rules of science, including both the curable and incurable. The rules regarding them shall be given in order. * 1 2. One naturally impotent, one whose testicles have been cut out, a Pakshasha/^^y/a, one who has been deprived of his potency by a curse of his spiritual guide, or by illness, or by the wrath of a deity, *i3. One jealous, a Sevya, one whose semen is (evanescent) as air, a Mukhebhaga, one who spills early compilation as Apararka's Commentary of the Ya^wavalkya- smn'ti (twelfth century), which goes far to prove its genuineness. Apararka's gloss on this passage, scanty as it is, has proved useful in elucidating some of the difficult terms occurring in it, and in es- tablishing the correct readings. Besides, I have been able to avail myself of some valuable remarks, kindly communicated to me by the late Dr. Haas, the well-known connoisseur of Indian medicine. 10. An analogous text is quoted from the Smr/ti of Katyayana. ' He is called impotent whose urine froths not and whose fseces sink in water, and whose generative organ is deficient in erection or seminal juices.' See Colebrooke's Digest, V, 5, 330. 12. 'One naturally impotent' (nisargasha;zfl'//a), one born with- out the capacity of producing semen. Apararka. This category seems to be synonymous with the saha^a of Su.yruta, the standard writer on medicine. Pakshasha«d%a, according to Apararka, is one capable of approaching a woman once in every half-month (Paksha). 13. The jealous man, irshyasha;;«'//a, seems to be identical with the irshyaka of Sujruta, ' qui nisi alius cujusdam ineuntis feminam 1 68 NARADA. XII, 14. his semen, one whose semen is devoid of strength, one timorous, and one who is potent with another woman (than his wife) only, (these are the fourteen sorts of impotent persons.) * 14. Among these, the two first are incurable ; the one called Pakshasha/^^y/a should wait for a month ; the (three) named after him shall have to wait for a year. * 15. Those four, among whom, in the above enu- meration, the one jealous comes first, shall be avoided by their wives just like an outcast, though they may have been enjoyed by them. * 16. For the w4fe of one who spills his semen, or whose semen is devoid of strength, though they may have discharged their marital duties, another husband must be procured, after she has waited for half a year. * 1 7. If a man is timorous, he fails when he is about conspectu non potest.' The term sevya is obscure enough. Dr. Haas proposes to read kz. sevyzska, or X'a mevyaj>^a or Hseky- aj/^a, for X-a sevyaj^a. The asekya is a species of impotent person according to Su^ruta. It may be, however, that the reading sevya is correct, and denotes one with whom sexual intercourse is possible- IMukhebhaga, ' is qui ore prout cunno utitur.' The revolting practice in question is repeatedly referred to e.g. by Narada himself, VI, 19, according to the commentators, and 1, 1 83. Dr. Haas proposes to read mushkabhagna//, ' one deprived of the scrotum.' It may be argued, however, that this category has already been referred to in para- graph 12, and that the reading mushkabhagna is objectionable for metrical reasons. According to Apararka, akshipta, the next term, means ' is cujus semen in coitu retro (aut susum) fluit;' moghabi^a means 'is cui semen ad propagationem aptum non est;' jalina means 'is cujus penis coitu facto collabitur;' and anyapati, the last term, means ' is qui cum alia femina praeter uxorem potest.' 15. 'Like an outcast (patita).' Dr. Haas assigns a different meaning to the term patita, viz. 'is cujus penis collabitur;' and refers to such expressions as dhva^a-^ patati, ' penis collabitur,' in the Bhavapraka^a. XII, 22. IMPOTENCY ; MARRIAGE. 1 69 to approach his wife ; such a feeble man shall be stirred up by bringing before him other men's wives or young maidens, &c. *i8. If a man is potent with another woman but impotent with his own wife, his wife shall take another husband. This is a law promulgated by the Creator of the world. 19. Women have been created for the sake of propagation, the wife being the field, and the hus- band the giver of the seed. The field must be given to him who has seed. He who has no seed is un- worthy to possess the field. 20. Let a maiden be given in marriage by her father himself, or by her brother with the father's authority, or by her paternal grandfather, or by her maternal uncle, or by her agnates or cognates. 21. In default of all these, by the mother, in case she is competent (to act as guardian) ; if she be wanting in competence, the distant connexions shall give a maiden in marriage. 22. If no such person be in existence, let the maiden have recourse to the king, and let her, with his permission, betake herself to a bridegroom of her own choice, 20, 21. The object of these rules is to prevent that any marriage- able maiden should remain unmarried, which is a great point in the eyes of a Hindu legislator. Vish;m XXIV, 38, 39 ; INIanu V, 151 ; Ya§-«avalkya I, 63. The Nepalese MS. refers to the maternal in- stead of the paternal grandfather. 22, 23. This is the custom of Svaya/«vara, 'self-choice (of a bride- groom),' so well known from the Indian epics. It appears from this paragraph that Narada does not allow this custom to be practised except with certain restrictions. See, however, the next paragraph. ' Age ; ' Manu says (IX, 94) that a man at the age of thirty shall marry a maiden of twelve, and a man aged twenty-four, years a maiden of eight. Gautama XVIII, 20 ; Vasish///a XVII, I 70 NARADA. XII, 23. 23. Who belongs to her own caste, and is a suit- able match in point of descent, morality, age, and sacred learning. Let her discharge her religious duties in common with him, and bear children to him. 24. When a bridegroom goes abroad after having espoused a maiden, let the maiden wait till her menses have passed three times, and then choose another bride^rroom. 25. Let no maiden suffer the period of maturity to come on without giving notice of it to her rela- tions. Should they omit to give her in marriage, they would be equal to the murderers of an embryo. 26. He who does not give such a maiden in mar- riage commits the crime of killing an embryo as many times as her period of menstruation passes by with- out her having a husband. 27. Therefore a father must give his daughter in marriage once (for all), as soon as the signs of matu- rity become apparent. (By acting) otherwise he would commit a heavy crime. Such is the rule settled amonor the virtuous. 67, 68 ; jManu IX, 90-92 ; Yish;m XXIV, 40 ; Ya^wavalkya I, 64; Baudhayana IV, i, 14. Read anurupa;;/ in the text. 24. This is the law in the case of a woman recently married, when consummation has not yet taken place. As for the conduct en- joined to one left by her husband, when they have been married for some length of time, see paragraphs 96-101. 25. IMaturity, according to a well-known versus memorialis, generally commences after completion of the tenth year. ' One aged eight years is a child ; one aged nine years is a maiden ; one aged ten years is a virgin ; after that time she is a marriageable woman.' See Parajara VII, 6; Sawvarta V, 66; Gautama XVIII, 22; Vasish//ia XVII, 69; Vish7m XXIV, 41 ; IManu IX, 4, 93. 26. Vasish//^a XVII, 71; Ya^navalkya I, 64; Baudhayana IV, I, 13- 27. It must not be inferred from this rule that Narada is not XII, 30. MARRIAGE. I 7 1 28. Once is the (family) property divided, once is a maiden given in marriage, and once does a man say, * I will give;' each of these three acts is done a single time only among the virtuous. 29. This rule applies to the five (first) marriage forms only, beginning with the Brahma (form of marriage). In the three (others), beginning with the Asura form, the (irrevocable) gift (of a maiden to a particular suitor) depends on the qualities (of the suitor). 30. Should a more respectable suitor, (who appears) eligible in point of religious merit, fortune, and ami- ability, present himself, when the nuptial gift has already been presented (to the parents by the first an advocate of infant marriage, like many other Smr/ti-writers. Thus Daksha says, ' Let a maiden be given in marriage at the age of eight years ; thus justice will not be violated.' Ahgiras rules that a maiden must be given in marriage in her tenth year by all means, R%amarta;/^a XVII, 47-50; Visbm XVIII, 1-3 1 ; Baudhayana II, 3, 10; Ya^«a- valkya II, 125; Manu IX, 149-156. 15. The writers of the Bengal school give this text its plain XIII, ig. INHERITANCE. 1 93 *i6. A father who is diseased, or angry, or ab- sorbed by (sinful) worldly interests, or who acts illegally, has not the power to distribute his property (as he likes). * 1 7. The son of a maiden, a son obtained through a pregnant bride, and one born of a woman (whose transgression was) unknown (at first and Is found out subsequently) : of these, the mother's husband is res^arded as the father, and thev are declared to be entitled to shares of his property. *i8, A maiden's son, whose father is unknown and whose mother Is not legally married (to his father), shall give a funeral ball (of rice) to his maternal grandfather and inherit his property. '"'19. Those sons who have been begotten by one or by many on a woman not authorized (to raise issue to her deceased husband), shall all be dls- meaning, viz. that a father may distribute his property among his sons as he pleases. They add, however, that in doing so he must be guided by lawful motives, such as compassion on an incapable son, partiality for a pious son, and the like. See Dayabhaga 11, 74, 75; Colebrooke's Digest, V, i, 32. The Mayukha, on the other hand, declares that this rule of Narada had legal force in the former ages of the world only. See Mandlik's JNIayukha, p. 35 (transl. p. 43). Ya^;7avalkya 11, 116. 16. This rule 'relates to the case where the father, through perturbation of mind occasioned by disease or the like, or through irritation against any one of his sons, or through partiality for the child of a favourite wife, makes a distribution not conformable to law.' Colebrooke's Dayabhaga II, 83. The Mitakshara (I, 2, 13, 14), cutting down the privileges of the father everywhere, interprets this rule as a prohibition of any other mode of unequal distribution except that by which the customary deductions are made in favour of the eldest son, &c. 17, 18. Manu IX, 170-172 ; Ya^/7avalkya II, 129; Vish;/u XV, 10-17; Vasish///a XVII, 21-23. 19. Regarding the rule of Niyoga, or appointment of a married [33] O 194 NARADA. XIII, 20. inherited ; they are the sons of their (respective) begetters only. * 20. They shall offer the funeral ball (of rice) to their begetter, in case their mother had been obtained for a price ; if no price has been paid for her, they shall give the funeral ball to the husband (of their mother). *2i. One hostile to his father, or expelled from caste, or impotent, or guilty of a minor offence, shall not even take a share (of the inheritance), if he is a legitimate son ; much less so, if he is a (Kshetra^a) son of the wife (only). *22. Persons afflicted with a chronic or acute disease, or idiotic, or mad, or blind, or lame (are also incapable of inheriting). They shall be main- tained by the family ; but their sons shall receive their respective shares (of the inheritance). * 2 ^. The sons of two fathers shall orive the funeral woman or widow to raise offspring to her husband, see XII, 80-88 ; Manu IX, 143. 20. See XII, 54. 21, 22. Manu IX, 201-203; Apastamba II, 6, 14, i, 15; Gautama XXVIII, 23, 40, 43 ; Vasish/Zia XVII, 52, 53 ; Baudha- yana II, 3,37-40; Vish;/u XV, 32-37; Ya^;7avalkya II, 140, 141. 21. The commentators are at variance as to the precise meaning of the term 'hostile to his father.' Thus the Sarasvativilasa declares it to denote one who forgets himself so far as to say, ' He is not my father.' The Dayakramasahgraha says it means one who beats his father. According to G^agannatha and the Ratnakara, it means ' one who attempts his father's life or commits other hostile acts against him (mara«adik;Yt), and who fails to offer the customary funeral oblations to his father after his death.' See Colebrooke's Digest, V, 4. 320. 22. Atrophy or pulmonary consumption is instanced as a chronic, and leprosy as an acute disease, in the Ratnakara. See Colebrooke's Digest, loc. cit. 23. ' The adoptive father,' literally ' the man who ow-ns the XIII, 25- INHERITANCE. 1 95 ball (of rice) and the water oblations to each of the two (fathers) singly, and shall receive one half of the property left by their natural and adoptive fathers. * 24. That portion (of the property) which belongs to a reunited coparcener is declared to be absolutely his own. So when one of the sharers has no issue it shall go to the rest (after the death) of those who are childless. ^25. If among several brothers one childless should die or become a religious ascetic, the others shall divide his property, excepting the Stridhana. mother ' (Kshetrika). The ' son of two fathers ' is no doubt one procreated by Niyoga on the wife of one impotent, &c. It is not equally clear why he is to obtain one half only of the property left by his two fathers, as he is elsewhere declared to succeed to both. According to the Ratnakara, this rule ' relates to the case where the natural father has a son begotten in lawful wedlock, and the husband of the mother also has by some means (kathaw/^it) obtained male issue by himself begotten.' See Colebrooke's Digest, V, 4, 242. — Ya^?7avalkya II, 127; I\Ianu IX, 145, 190 ; Baudhayana II, 3, 18, 19. 24. For several other interpretations of this difficult text, see Colebrooke's Digest, V, 8, 433. It has to be observed, however, that the reading translated here differs from the reading translated by Colebrooke. 25, 26. The fact that the widow is invested with a claim to maintenance merely under this text, whereas the leading texts of Ya^;7avalk}'a and Vish;m constitute her heir to the property of a husband who has died without leaving male issue, has caused some difficulty to the commentators. Thus Madana says that this text must be held applicable to the widow of an undivided or reunited coparcener only, who is given a mere claim to maintenance by all writers of the Mitakshara school. The writers of the Bengal school, on the other hand, recognise the widow's right of inherit- ance in the case of undivided coparceners even. It appears, how- ever, from the order of heirs given in 49-51, that Narada does not make the widow an heir in any case. 25. ]Manu IX, 212; Ya^/Tavalkya II, 138; Vishwu XVII, 17; Gautama XVIII, 21. O 2 196 NARADA. XIII, 26. *26. They shall make provision for his women till they die, in case they remain faithful to the bed of their husband. Should the women not (remain chaste), they must cut off that allowance. *2 7. If he has left a daughter, her father's share is destined for her maintenance. They shall main- tain her up to the time of her marriage ; afterwards let her husband keep her. *28. After the death of her lord, the relations of her husband shall be the guardians of a woman who has no son. They shall have full authority to control her, to regulate her mode of life, and to main- tain her. *29. When the husband's family is extinct, or contains no male, or when it Is reduced to poverty, or when no one related to it widiin the degree of a Sa-pvida Is left, the father's relations shall be the guardians of a woman. "''30. It is through independence that women go 26. Ya^;7avalkya II, 142. 27. 'They shall maintain her,' literally 'they shall give her a share.' See par. 13, where a share is allotted to an unmarried sister. The maintenance of the daughter includes, no doubt, the obligation to defray the expense of her marriage. Y%«avalkya 11, 141. 28. All the commentators declare that the right of guardianship goes in the order of proximity. ' Thus, without (her guardian's) consent, she may not give away anything to any person ; nor mdulge herself in matters of shape, taste, smell, and the like ; and if the means of subsistence be wanting he must provide her main- tenance.' Cagannatha. See Colebrooke's Digest, IV, i, 13. 29. The Nepalese IMS. and the commentaries insert the following text here : * ' If both families are extinct, the king is declared to be the protector of a woman ; he shall provide for her and punish her Avhen she has swerved from the path of duty.' 30,31. Vasish///aV, i, 2; Baudhayana II, 3, 44, 45; Gautama XIII, 33- INHERITANCE. 19/ to ruin, though born in a noble family. Therefore the Lord of creatures has assigned a dependent con- dition to them. *3i. The father protects her during her infancy, the husband protects her when she is grown up, and the sons (protect her) in her old age. A woman is unfit to enjoy independence. *32. What is left (of the father's property), when the father's obliofations have been discharoed, and when the father's debts have been paid, shall be divided by the brothers, in order that the father may not continue a debtor. * S^,. F^or those (brothers), for w^iom the initiatory ceremonies have not been duly performed by their father, they must be performed by the (other) brothers, (defraying the expense) from the paternal property. XVIII, I ; Manu IX, 3 ; A^ 148 ; Ya^^avalkya I, 85 ; Vish;m XXV, 12, 13. 30. ' They go to ruin,' i. e. they are guilty of disloyalty and other offences; thus, because they do not know what is legal for those who live exactly according to sacred ordinances, and because they cannot be instructed, they would violate the duties of their class and the like. G^agannatha. See Colebrooke's Digest, IV, I, 4- 32. The term pitr/daj'ebhyo, 'when the father's obligations have been discharged,' is differently explained by different commentators. Thus Varadara^a (Burnell's Vyavaharanir«aya, p. 1 8) says it denotes the father's funeral rites and the like. A/('yuta, as quoted in Cole- brooke's Dayabhaga I, 47, note, refers it to sums of which payment has been promised by the father. Manu VIII, 166; IX, 104; Baudhayana II, 3, 8; Gautama XXVIII, i; Ya^?7a- valkya II, 117. Read dattvar«a;« in the text. 33. There appears to be some doubt as to what is meant here by the term sawskara, ' initiatory or sacramental ceremonies,' some commentators including the ceremony of marriage in that term, and others declaring the initiatory ceremonies to terminate with the investiture with the sacred thread. Ya^;7avalkya II, 124. 198 NARADA. XIII, 34. *34. Or, no paternal wealth being- left, the initiatory ceremonies must be invariably performed for their brothers by those previously initiated con- tributing (the required) funds from their own portions. * 35- C)ne who, being authorized to look after the affairs of the family, charges himself with the management (of the family property), shall be sup- ported by his brothers with (presents of) food, clothing, and vehicles. * 6. When the fact of a legal partition should be called into question, the decision of the dispute (which has arisen) among the sharers shall be founded on (the testimony of) kinsmen, the written deed recording the division of the estate, and the separate transaction of business. *37. Among unseparated brothers, the perform- ance of religious duties is single. When they have come to a partition, they have to perform their re- liofious duties each for himself. 35. Some commentators explain this text as having reference to one who generously declines to take his share at the time of partition. His share shall be made up afterwards by the other brothers contributing severally a portion of their shares. However, there seems to be more foundation for the opinion of those com- mentators who interpret this text as ordaining the allotment of a preferential share or the presentation of special gifts to the manager of the family property. See Colebrooke's Digest, V, 2, 108. 36. The commentators observe that the contest here referred to does not turn on the mode but on the fact of partition. See Cole- brooke's Digest, V, 6, 381. The business here referred to consists of agriculture and the like acts, according to the j\Iitakshara. Ya^wavalkya II, 149. 37. The term 'religious duties,' according to the Mitakshara, relates principally to the five Mahaya^was, ' great sacrifices ' or ' sacraments.' Before division they are performed by one brother, generally the eldest brother, as representative of the rest. Manu IX, in; Gautama XXVIII, 4. XIII, 42. INHERITANCE. 199 *38. Giving, receiving, cattle, food, houses, fields, and servants must be regarded as separate among divided brothers, and so must cooking, religious duties, income, and expenditure (be kept separate for each of them). *39. (The acts of) giving evidence, of becoming a surety, of giving, and of taking, may be mutually performed by divided brothers, but not by unsepa- rated ones, *40. If (brothers or others) should transact such matters as these publicly with their co-heirs, they may be presumed to be separate in affairs, even though no written record (of the partition) be in existence, *4i. Those brothers who for ten years continue to live separate in point of religious duties and business transactions, should be regarded as separate ; that is a settled rule. *42. When a number of persons, the descendants of one man, are separate in point of (the performance of) religious duties, business transactions, and work- 38. ' Giving and receiving,' without consulting each other. Pur- chase of ' cattle ■ and the like. See Colebrooke's Digest, V, 6, 380. The upshot of a long discussion of this text by Cagannatha is this, that none of the acts mentioned here may be regarded as conclusive evidence by itself, a great deal of collective evidence of all sorts having to be adduced in each case. See Colebrooke's Digest, V, 6,387- 39. Ya^;7avalkya II, 52. 41. The term 'brothers' is here used to denote coparceners generally. Smr/ti^'andrika XVI, 14. The Sarasvativilasa (§ 812, Foulkes) contests the correctness of this interpretation. The Nepalese MS. does not give this paragraph, and it is elsewhere attributed to Brz'haspati. 42, 43. 'Religious duties,' prescribed observances, such as the five great sacrifices (Mahayao-«as). ' Business transactions,' such as 200 NARADA. XIIT. 43. ing Utensils, and do not consult each other about their dealings, *43. They are quite at liberty to perform, accord- ing to pleasure, all (such transactions as) the gift or sale of their own shares. They are (in fact) masters of their own wealth. *44. One born after partition shall receive his father's property exclusively. Or, if other sharers have reunited with the father, they shall come to a division (with the son born after partition). Such is the law. *45. The legitimate son of the body, the son begotten on a wife (Kshetra.^a), the son of an (appointed) daughter, the son of a maiden, the son received with the wife, the son secretly born, *46. The son of a remarried woman, the son cast off, the adopted son, the son bought, the son made, and the son who has offered himself, are declared to be the twelve sons. *47. Among these, six are kinsmen and heirs, and six are not heirs (but) kinsmen. Each pre- ceding one is declared to be superior (to the one trading and the like acts. ' Working utensils,' such as household furniture, the separate possession of "which is indicative of partition. The meaning is that, when they are separated thus, each may give, sell, or otherwise dispose of (his share). Mayukha, p. 51 (transl. p. 76). 44. ^Nlanu IX, 216; Ya^wavalkya II, 122; Gautama XXVIII, 29 ; Vishwu XVII, 3. This text is not found in the Nepalese ]\IS., nor is it commonly quoted in the Digests. 45-47, 49. Manu IX, 158-184; Vish/m XV, 1-29; VasishMa XVII, 12-39; Baudhayana II, 2, 3, 14-32; Ya^wavalkya II, 128-132. 45, 46. Regarding the meaning of the technical terms in this text, see the corresponding portion of the Code of IManu, and the notes on them in Professor Btihler's translation. XIIT, 51. INHERITANCE. 20I following next), and each following one inferior (to the preceding one). [48. Where some doubt arises in regard to a house or field, the possession of which has suffered an interruption, (the doubt) may be removed by consulting a writing, or persons who know all about the enjoyment (of the property in question by its occupant), or witnesses.] *49. After their father's death, these (sons) shall succeed to his w^ealth in order. Whenever a superior son is wanting, the one next to him in rank is entitled to succession. *50. On failure of a son, the daughter (succeeds), because she continues the lineage just like (a son) ; both a son and a dauohter continue the lineage of their father. *5i. On failure of daughters, the Sakulyas (are to succeed) and (after them) the Bandhavas ; next, a member of the same caste. In default of all, that (w^ealth) goes to the king, 48. This text, which comes in very awkwardly between pars. 47 and 49, is apparently spurious, as has been pointed out long ago by Professor Biihler. It is not given in the Nepalese MS. 50. Gimutavahana and other writers of the Bengal school restrict the daughter's right of succession, as declared in this text, to those daughters who are neither barren nor widowed. See Dayabhaga IV, 2, 10. However, there is nothing in the words of the original to warrant this restriction. Apastamba II, 6, 14, 4. 51, 52. ManuIX, 185-189; Ya^;zavalkya II, 135, 136; Vasish//za XVII, 81-84; Vish;/u XVII, 4-14; Apastamba II, 6, 14, 2-5; Gautama XXVIII, 21, 41, 42. 51. The term Sakulya is apparently used to denote the agnates, and Bandhava to denote the cognates. Therefore the last term sa^ati cannot be referred to blood-relationship at all, and must denote con- nexion by membership of the same caste. It is true that the com- mentators explain it as denoting descent from the same J^t'bhi. See Colebrooke's Digest, V, 8, 448. 202 NARADA. XIII, 52. *52. Unless it should be the property of a Brahman. A king devoted to duty must allot a maintenance to his women. Thus has the law of inheritance been declared. FOURTEENTH TITLE OF LAW. Heinous Offences. *i. Whatever act is performed by force (sahas) by persons inflamed with (the pride of) strength, is called Sahasa (a heinous offence) ; sahas (force) means strength in this world. * 2. Manslaughter, robbery, an indecent assault on another man's wife, and the two species of insult, such are the four kinds of Heinous Offences. * V It is aoain declared to be threefold in the law-books, viz. (heinous offences) of the first, middle- most, and highest degree. The definition of each kind shall be given as follows. * 4. Destroying, reviling, disfiguring or otherwise 52. 'His women,' i.e. the women of the deceased proprietor. ViiTwanejvara, Nilaka«//^a, and other commentators declare that the term stri, ' woman,' cannot denote the legitimate wives of a deceased heir, and must therefore mean his concubines. This in- terpretation has been called forth, no doubt, by the fact that, in the opinion of these commentators, the inheritance of one sonless belongs to the widow in the first instance, and does not go to others, where a legitimate widow is in existence. XIV, I. The term Sahasa, literally 'violence,' is used to denote violent deeds or heinous offences of every sort. Manu VIII, 332 ; Ya^fiavalkya II, 230. 2. This text is omitted in the Nepalese MS. 4. 'Destroying,' i.e. totally annihilating the fruits and other objects mentioned in this text. ' Reviling,' i. e. abusing, using bad XIV, 9- INHERITANCE ; HEINOUS OFFENCES. 203 (injuring) fruits, roots, water and the like, or agri- cultural utensils, is declared to be Sahasa of the first desfree. * 5. (Injuring) in the same way clothes, cattle, food, drink, or household utensils, is declared to be Sahasa of the middlemost decree. * 6. Taking human life through poison, weapons or other (means of destruction), indecent assault on another man's wife, and whatever other (offences) encompassing life (may be imagined), is called Sa- hasa of the hio^hest decree. * 7. The punishment to be inflicted for it must be proportionate to the heaviness of the crime, (so however as) not to be less than a hundred (Pa;^as) for Sahasa of the first degree, whereas for Sahasa of the middlemost degree the punishment is declared by persons acquainted with the law to be no less than five hundred (Pa;/as). * 8. For Sahasa of the highest degree, a fine amounting to no less than a thousand (Pa;^as) is ordained. (Moreover) corporal punishment, con- fiscation of the entire property, banishment from the town and branding, as well as amputation of that limb (with which the crime has been committed), is declared to be the punishment for Sahasa of the highest degree. * 9. This gradation of punishments is ordained for every (caste) indiscriminately, excepting only corporal punishment in the case of a Brahman. A Brahman must not be subjected to corporal punishment. language. ' Disfiguring,' injuring so far only as to leave the form intact. Viramitrodaya, p. 499. 85 9. The ambiguous term vadha in these two paragraphs is 204 NARADA. XIV, lO. * lo. Shaving his head, banishing him from the town, branding him on the forehead with a mark of the crime of which he has been convicted, and parading him on an ass, shall be his punishment. * 1 1. Those who have committed Sahasa of either of the two first degrees are allowed to mix in society, after having been punished, but if a man has com- mitted Sahasa of the highest degree, no one is allowed to speak to him, even when he has received punishment. * 12. Theft is a special kind of it. The difference between (Sahasa and theft) is as follows. Sahasa is where the criminal act consists of a forcible attack, theft is where it is done by fraud. *I3. That (theft) is again declared to be three- fold by the wise, according to the (value of the) articles (purloined), whether articles of small, mid- dling, or superior value have been stolen. *I4. Earthenware, a seat, a couch, bone, wood, leather, grass, and the like, legume, grain, and prepared food, these are termed articles of small value. *i5. Clothes made of other material than silk, cattle other than cows, and metals other than gold, are (termed) articles of middling value, and so are rice and barley. explained as denoting corporal punishment, and not execution, by the commentators. 9, lo. Gautama XII, 46, 47 ; Vish;ni V, 2-8 ; Ya^-wavalkya II, 270; IManu VIII, 124, 379-380. 12. 'A criminal act' (adhi/^), i.e. injuring another man's pro- perty; 'through a forcible attack,' i.e. violently, is called theft equivalent to Sahasa ; a criminal act done ' by fraud ' is called ordinary theft. Viramitrodaya, p. 490. jManu VIII, 332. 13. Ya^wavalkya II, 275. 14. Manu VIII, 326-329. XIV, 22. HEINOUS OFFENCES. 205 '"16. Gold, precious stones, silk, women, men, cows, elephants, horses, and what belongs to a god, a Brahman, or a king, these are regarded as articles of superior value. 17. Taking away by any means whatsoever the property of persons asleep, or disordered in their intellect, or intoxicated, is declared to be theft by the wise. 18. Where stolen goods are found with a man, he may be presumed to be the thief. (The pos- session of) stolen goods may be inferred from a luxurious mode of life. Suspicion arises where a man is seen in bad company or indulges in extravagance. *i9. Those who give food or shelter to thieves seeking refuge with them, or who suffer them (to escape) though able (to arrest them), partake of their crime themselves. * 20. Those who do not come to offer assistance, when people are crying out (for help) within their hearing, or when property is being taken away, are likewise accomplices in the crime. * 21. That series of punishments, which has been ordained by the wise for the three kinds of Sahasa, is equally applicable to theft, according as It concerns one of the three species of articles in their order. 22. When cows or other (animals) have been lost, 16. See the Indian law of prescription, where the property of Brahmans and kings is declared to be exempt from the ordinary rules regarding limitation. Manu VIII, 323. 18. Ya^navalkya 11, 266. 19. Those who give food or any other assistance to a thief, cr who suffer a thief to escape though able to seize him, have to be punished like thieves. Vivada/('intama?/i, p. 93. IManu IX, 278; Ya^wavalkya 11, 276. 20. JNIanu IX, 275, This text is omitted in the Nepalese MS. 206 NARADA. XIV, 23. or when (other) property has been taken away forcibly, experienced men shall trace it from the place where it has been taken. 23. Wherever the footmarks go to, w^hether it be a village, pasture ground or deserted spot (the inhabitants or owners of) that place must make good the loss, unless they can prove the footmarks to go out of that place again. 24. When the footmarks are obscured or in- terrupted, because (they lead to) broken ground or to a spot much frequented by other people, the nearest village or pasture ground shall be made responsible. 25. Where two persons have gone the same road, the offence, as a rule, shall be imputed to him who stood charged with other crimes before, or who associates with suspicious characters. 26. Ka.uda.\a.s, executioners, and other such per- sons, as well as those who are in the habit of roaming at night, shall institute a search (after the thieves) in the villages ; those living outside (of inhabited places) shall search (for them) outside. 27. When the thieves are not caught, the king must make good (the loss) from his own treasury. By showing himself remiss (towards criminals), he would incur sin and would offend both against justice and his own interest. 23. Ya^navalkya II, 271. 24. Yag'wavalkya II, 272. 26. Manu IX, 267. XV, XVI, 4- HEINOUS offences; abuse. 207 FIFTEENTH AND SIXTEENTH TITLES OF LAW. Abuse and Assault. * I. Abusive speeches, couched in offensive and violent terms, regarding the native country, caste, family, and so forth (of a man), are termed Abuse, (a title of law.) * 2. It is divided into three species, called re- spectively NishMura, Ai-lila, and Tivra. The punish- ment for each increases in severitv accordinof as the insult is of a more (or less) serious nature. * 3. Abuse combined with reproaches has to be regarded as Nish///ura ; abuse couched in insulting language is A.dila ; charging one with an offence causing expulsion from caste is called Tivra by the learned. * 4. Hurting the limbs of another person with a hand, foot, weapon or otherwise, or defiling him XV, XVI, I. Thus, e.g. when a man says, ' The Gau^ smr/ta^, 'are declared to amount to no more than one Masha.' This is probably the correct reading. 57. According to Manu (VIII, 136), the Karshapa;/a is a copper coin. The reading of the second half of this paragraph is quite uncertain. 232 NARADA. 58. * 58. A Masha should be known to be the twentieth part of a Karshapa;^a. A KkksLui is the fourth part of a Masha or Pala. 59. By that appellation which is in general use in the region of the Punjaub, the value of a Karshapa;za is not circumscribed here. *6o. A Karshapa;^a has to be taken as equal to an Andika. ; four of these are a Dhanaka ; twelve of the latter are a Suvar;/a, which is called Dinara otherwise, 61. Let the king practise the duties of his office, and (follow) the rule of inflicting punishment, faithful to the tenets (of the sacred law). Let him destroy accordingly, as governor, the evil-doers, after having traced them by the application of cunning stratagems and arrested them. 59. The term iha, ' here," may be either referred to the place of residence of the author of the Narada-sm/'/ii, or it may mean ' in this work.' 60. An A«/ika is elsewhere reckoned at four Yavas. In the Viramitrodaya and other works, this text is attributed to Br/haspati. The coin called Dinara is the Roman denarius. QUOTATIONS FROM NARADA. I. Judicial Procedure. I, 2. He is called a (Pra^fvivaka or) chief judge who — fully acquainted with the eighteen titles (of law) and with the eight thousand subdivisions thereof, skilled in logic and other branches of science, and thoroughly versed in revealed and traditional lore — investigates the law relative to the case in hand by putting questions (pra/) and passing a decision (vive/{'ayati) according to what was heard or understood by him. 3. Let not a king actuated by arrogance or avarice promote litigation among persons not engaged in a controversy. 4. The king shall examine judicial quarrels between two litigant parties in a proper way, acting on prin- ciples of equity and discarding both love and hatred. 5. (In disputes) among merchants, artizans, or the like persons, and in (disputes concerning) persons subsisting by agriculture or as dyers, it is impossible for outsiders to pass a sentence ; and the passing of I, 1,2. SmnWk. ash/adarapadabhi^ilas tadbhedash/asahasravit I anvikshikyadikiuala/i ^rutismr/tiparayawa,^ ii vivadasa;«jrita;;z dhar- ma/?z pn'kMa.ti pra/ srut'djn matam I vive/^ayati yas tasmat pra^vivakas tu sa smn'tak II 3. Viram. p. 48. 4. Vy. K. raga. dharmasahayas tu dvayor vivadamanayo/z sam- yak karya;?y aveksheta ragadveshavivar^ita/i U 5. Vy. A'. ; May. p. 6 ('Vyasa'). 2 34 QUOTATIONS FROM NARADA. 1,6. the sentence must, therefore, be entrusted to per- sons acquainted with such matters (in a cause of this sort). 6. A lawsuit cannot be instituted mutually between a teacher and his pupil, or between father and son, or man and wife, or master and servant. 7. A plaint is declared (inadmissible) likewise by the learned in law, when it has been raised by one against many, or by women, or by menials. 8. He shall be admitted as plaintiff whose griev- ance is the greater, or whose affair is the more important of the two, and not he who was the first to oro to law. 9. Half of the (ordinary) punishment is declared for him who either confesses his deed, after having committed an illicit act of violence, or says of his own accord, ' It is true.' 10. When (an assessor of the court) has recognised the royal mind to swerve from the path of duty, he must not pronounce an opinion which is agreeable to the king. (It is only by declaring what is just that) he becomes free from sin. 11. Transgression of (the king's) commands, kill- ing a female, mixture of castes, illicit intercourse with another man's wife, robbery, pregnancy caused by another man than the husband, 6. Vy. ^. ; Viram. p. 46 (' Br/haspati '). 7. Vy. ^. ; Viram. p. 47. 8. Viram. p. 60. 9. SmnWi. ayuktaw sahasaw; krz'tva pratyapatti;;/ vra^et tu ya^ 1 bruyat svaya?« va sad iti tasya ^arthadama-^ sm?'i\a.h II 10. Viram. p. 15. 'He must not pronounce an opinion which is agreeable to the king,' i. e. he must not endeavour to please him by what he declares, but must deliver an equitable opinion. By acting thus, he becomes free from sin. Viram. 11. 12. Viram. p. 50. II, I. ' THE TLAINT. 235 12. Abuse, insulting language, assault, and pro- curing abortion, are the ten (principal) crimes. 13. He who arrests (his adversary) by illegal means, such as by stopping his speech (through gagging the mouth), or by preventing him from breathing, and the like practices, is liable to punish- ment ; but one who breaks (such arrest) Is not (punishable). 14. When a lawsuit has been judged without any previous examination of witnesses (or other evi- dence), or when it has been decided in an improper manner, or when it has been judged by unauthorized persons, the trial has to be renewed. 15. Whatever property, whether movable or im- movable, has been kept (under the care of the judge, after having become the subject of a dispute), must be handed over afterwards to the victorious party together with the interest (accruing on it) and with a document (attesting his victory). II. The Plaint. I. The defects of a plaint have been declared as follows. (It is defective, if it) relates to the pro- perty of a stranger ; if it is without an object ; if it does not state any quantity ; if the mode of acquisi- tion is not referred to in it ; if too little or too much is written in It ; and if it is unmeaning. 13. May. p. 2. See above, pp. 12-19. This text shows very clearly what is meant by the technical term ' arrest ' (asedha). 14. Vy. K. asakshika;;/ tu yad dr?sh/a;« vimarge/za kz. tiritam i asawzmatamatair dr/sh/aw punardarjanam arhati \\ 15. Smr/ti-^. madhye yat sthapita?;? dravyawz /^alaw va yadi va sthiram I pa^-^'at tat sodaya?// dapyaw ^ayine pattrasa^^yutam 11 II, 1-8. Viram. pp. 65, 66. 236 QUOTATIONS FROM NARADA. 11,2. 2. That plaint is declared by the wise to 'relate to the property of a stranger ' in which joint pro- perty is referred to in a claim raised by one man alone M'ho has no right to it, or without authorization from the other joint proprietors. 3. A plaint is said to be 'without an object' when a man, actuated by hatred or anger, taxes another with the murder of a Brahman (or some other deadly sin) and revokes his own charge afterwards on being required to prove it. 4. That plaint ' does not state any quantity ' in which no figure is given with regard to a certain quantity, writing, measure, field, house, or other (object). 5. That plaint ' contains no reference to the mode of acquisition ' which does not say whether {the property in dispute) has been acquired by learning, or gained as profit (or interest), or purchased, or obtained by inheritance. 6. ' Too little ' is said to be written in that plaint in which the }'ear, month, fortnight, lunar day, and day of the week is not referred to. 7. ' Too much ' may be said to be written in that plaint in which (the plaintiff) after having caused the plaint to be written goes on to mention the witnesses at once, without waiting for the answer (of the de- fendant) to be delivered. 8. That plaint is declared to be ' unmeaning ' 2. That plaint is meant in which a stranger or one not authorized by his partners claims the property of a fellowship. Viram. 3. That plaint is said to be without an object which is dropped afterwards by the claimant himself Viram. 7. 'Witnesses,' or evidence generally. Viram. ^ syad arthipratyarthinor api II 240 QUOTATIONS FROM NARADA. HI, 4. granted to him (by the judge), whether he be plain- tiff or defendant. 4. When the defendant contradicts the charge, such an answer is termed a denial in a cause. 5. When, the plaint having been reduced to writ- ing by the plaintiff, the defendant admits it but adduces some special circumstance, it is called a (retort in the form) pratyavaskandana (special plea). 6. That (answer) is no (true) answer which is dubious, not to the point, too narrow, too extensive, or meeting one part only of the plaint. 7. An answer which treats of a different subject, or which is incomplete, or couched in obscure lan- guage, or confused, not intelligible without an ex- planation, or unreasonable, will never enable (the defendant) to gain his cause. 4. Raghunandana, p. 17 ; M. Macn. I, 5, 7, &c. (' Katyayana'). 5. M.Macn. I, 5, 9. 6,7. V. T. ; M.IMacn. I, 5, II. 'Dubious,' as when (the plaintiff) having declared : This man has received a hundred Suvar«as from me, (the defendant replies) : Yes, I have received a hundred Suvarwas or a hundred INIashas. ' Not to the point,' as when a debtor being sued for a hundred Suvar/^as, replies that he has re- ceived a hundred Pawas. ' Too narrow,' as when (a debtor) being sued for a hundred Suvar/ms, replies that he has received five. ' Too extensive,' as when (a debtor) being sued for a hundred Suvar«as, replies that he has received two hundred. ' INIeeting one part only of the plaint,' as when (a debtor) being sued for gold, clothes, and other objects, replies that he has received gold but nothing else. ' Which treats of a different subject,' as when an action for debt is answered by referring to a different title of law, e. g. when a man being sued for a debt of a hundred Suvaiv/as, replies, He (the plaintiff) has struck me. ' Incomplete,' not con- taining any reference to the particulars of country, place, and so on, as when the plaint states a certain field situated in the central country (INIadhyade^ya) near Benares, towards the east of it, to have been seized by the defendant, and the defendant replies merely, ' I Ill, II. THE ANSWER. 24 1 8. In the case of a denial, the burden of proof rests with the plaintiff; in the case of a special plea, (it rests) with the defendant. 9. Let (the plaintiff) make an answer which corre- sponds to (the contents of) the plaint. If he does not (make an answer), the king shall cause him to make one, by employing (any of) the (four) methods of conciliation, division, and the rest, till the matter has been cleared up. 10. When, in the case of a denial (on the part of the defendant) the plaintiff himself admits such (denial) as correct, it has to be considered as a con- fession, and one half of the (ordinary) fine shall be inflicted on the plaintiff. 11. In the case of a denial, the burden of proof rests with the plaintiff; in the case of a special plea, have taken it.' ' Couched in obscure terms,' as when in a suit for a hundred Suvar;;as the defendant exclaims, ' Am I the only person indebted to this man?' implying by his speech that the chief judge, or assessors, or plaintiff, is indebted to another man. 'Confused,' inconsistent, as when in an action for a hundred Suvarz/as the defendant declares, ' Yes ; I have received that sum, but I do not owe it.' ' Not intelligible without an explanation,' owing to the use of wrong inflections, compounds, or constructions, or to the employment of a foreign language. ' Unreasonable,' contrary to common sense, as when the plaint runs as follows : The defendant has received a hundred Suvarwas from me, repayable with interest, and has paid the interest only, and not the principal ; and the de- fendant replies : ' Yes ; I have paid the interest, but have not received the principal.' JM. 8. M. Macn. I, 5, 14 (uncertain); May. p. 11. 9. Smritik. yathartham uttaraw dadyan na ^et tad dapayen nri- pa^ I samabhedadibhir margair yavat so^rrtha/i samuddhr^'ta/^ n Bribery and force are the two remaining methods. 10. Smnlik. nihnave tu yada vadi svayaw tat pratipadyate i g?leya sampratipattis tu tasyardho vinaya/^ smr/ta^ II 11. M. Macn. II, 6, 5. [33] R 242 QUOTATIONS FROM NARADA. Ill, 12. it rests with the defendant ; but in a plea of former judgment, all that is required in the shape of proof is to produce the previous decree. 1 2. The defendant is at liberty to delay his answer for three days, or for five days even. IV. Writings and Possession. 1. A writing (or document) should be signed by witnesses, the (natural) order of ideas and syllables should not be interrupted, local customs and general rules should be observed in it, and it should be com- plete in every respect. 2. A document signed by the king with his own hand, or sealed with his own seal, is declared to be a royal document, and is (considered as equal to) an attested document in all affairs. 3. A document suspected (to have a blemish) is valid, unless the debtor should have clearly indicated its blemish ; and so (is the validity of) a document which is more than twenty years old (established by mere lapse of time). 4. In the beginning, gift is a cause (of ownership) ; 12. Vy. K. pratyarthi labhate kalaw tryaha/?/ pawHham eva va I IV, I. Smr/ti/^. lekhya;/; tu sakshimat karyam aviluptakrama- ksharam \ defa-^arasthitiyuta;« samagraw? sarvavastushu li 2. Smmi^. ; Viram. p. 195 (' VasishMa '). 3. Smr/ti>^. ; Viram. p. 200 ('Katyayana '). The validity of a document having been called into doubt, because it either has a blemish or has been vitiated by the lapse of a considerable time, it becomes valid through proof by ordeal. This is the meaning, mere lapse of time being insufficient to produce validity. Smr/ti/^. This interpretation can hardly be correct, as ordeals are not referred to in this text. 4. M. Macn. Ill, 6, 5. In the case of the first man (possessor) IV, 7- WRITINGS AND POSSESSION. 243 in the middle, possession with a title ; but continued and hereditary possession by itself is also a good cause (of ownership). 5. There are six modes of acquiring wealth : by obtaining (property), what is declared to have been given or earned, (acquisition through) valour, (in the shape of) a marriage portion, and through in- heritance from relations or others. 6. Having listened to the answer, (the plaintiff) at the trial shall produce a document as evidence, or he shall prove possession continued for a long time, and corroborated by (the statements of) the neighbours, or by (other) evidence. 7. Supposing a religious student were to perform some vow extending over a period of thirty-six years, or a man (engaged in trade or traffic) were to reside abroad for a long time in the pursuit of wealth : possession proved by witnesses is superior to, or more decisive than, possession, excepting hereditary possession. Such hereditary possession, again, is superior in the case of the fourth in descent to a title proved by documents. In the case of an intermediate claimant (as e. g. the second or third in descent) a title coupled with possession of short duration even is more decisive than a title entirely destitute of possession. M. 5. Smrz'ti-^. labdhaw danakriyaproktaw sauryam vaivahikaw tatha I bandhavadipra^a^ataw shart'vidhas tu dhanagama/z 11 ' Obtaining,' by birth, paternal or other (inherited) wealth ; or, obtaining property by finding it, as in the case of treasure-trove. Smr/ti^. 6. Smr^'ti/^. .yrutvottaraw kriyapade lekhya?« sadhanam uddijet I samantalakshawopeta bhuktir va ^irakaliki. ' The term sadhanam a fortiori denotes witnesses in this place. Therefore the meaning is as follows. In a dispute regarding a house, field, or other (im- movable property), the claimant must adduce a document or witnesses, or he m.ust plead possession.' Smr/ti/^'. 7-10. Smniik. brahmaX'ari X'aret ki^Wyl'id vrata?;/ sha/tri;;zjadab- dikam 1 artharthi Mnyavishaye dirghakala/« vasen nara// II sama- R 2 244 QUOTATIONS FROM NARAUA. IV, 8. 8. If, then, the student after having completed his period of studentship (and returned from his pre- ceptor) were to look after his property, possession (by a stranger) continued for fifty years would be capable of depriving him of his property. 9. Twelve years for (the study of) each Veda is the period ordained for those engaged in the pursuit of religious knowledge ; for those engaged in the acquisition of mechanical (or manual) skill, the period (of apprenticeship) is declared to last till they have acquired their art. 10. What has been possessed against their wish by their friends or relations, and what has been possessed by persons offending against the king, is not lost by the lapse of (a long) time. V. Witnesses. I, (By false evidence concerning land, a witness kills everything ; beware, then, of giving false evi- dence concerning land.) In the case of (false evidence concerning) water, the consequence is said to be the same as for land, and so it is in the case of carnal connexion with a female, as well as (in the vri'tto vrati kuryat svadhananveshawaw tata/^ I pa«-('ajadabdiko bhogas taddhanasyapaharaka>^ II prativeda?/^ dvadajabda/^ kalo vi- dyarthinaw smr/ta// I jilpavidyarthinaw >^aiva grahawantaA pra- kirtita/^ II suhr/'dbhir bandhubhij kaisham yat syad bhuktam avaj- yatam | nr/paparadhikaw /(-aiva na tat kalena hiyate 11 See Manu III, I. V, 1-3. Viram. p. 171, See Narada I, 17, 209 (above, p. 92), the text immediately preceding these texts in the Viramitrodaya. I, 3 = Manu VIII, 100, 10 1. All these texts, up to 10, form part of the exhortation to be addressed to the witnesses by the judge. In 2, I have substituted tatha^vavat, the reading of the Todavi- nanda, for tathapnuyat. V, 7- WITNESSES. 245 case of false evidence) concerning gems produced in water, and everything consisting of stone. 2. In the case of honey or clarified butter (the consequence) is the same as (when false evidence has been given) with regard to small cattle. He incurs the same guilt as in the case of a horse (by giving false evidence) regarding a vehicle. The case of silver, clothes, grain, or the Veda is equal to the case of a cow. 3. Having considered all these evil consequences attending a false declaration, (a witness) must declare openly everything as (he has) heard or seen (it). 4. Kubera, Aditya, Varu;2a, ^'akra (Indra), the son of Vivasvant (Yama), and the (other) guardian deities of the world are constantly looking on with divine eyes. 5. Let (the judge) ask a Brahman for his testi- mony by saying, 'Speak;' a Kshatriya by saying, ' Speak the truth ; ' a Vai^ya, by referring to his kine, grain, and gold ; but a 6'udra (by conjuring him) by all possible wicked deeds. 6. Whatever places (of torment) are assigned (in a future state) to the murderers of Brahmans, or to the slayers of women and children, and to him who betrays a friend, or shows ingratitude, those very places shall be thy home (after death) if thou speakest falsely. 7. All meritorious deeds which thou, O good man, hast done since thy birth, would go to the dogs, if thou shouldst speak falsely. 4. Smr/ti^. kuberadityavaru;/ai'akravaivasvatadayay^ I pajyanti lokapalai- H nitya?« divyena -^akshusha II 5-9. Vy. K. Identical with Manu VIII, 88-92. 246 QUOTATIONS FROM NARADA. V, 8. 8. Although, O virtuous man, thou thinkest of thyself, ' I am alone,' yet that says who sees the evil and the good ever resides in thy heart. 9. If thou art not at variance with the god Yama, the son of Vivasvant, who resides in thy heart, thou needest not go to the Ganges or to (the country of) the Kurus. 10. Perjured witnesses, as well as those who rob others of their property, and wicked kings, shall have to reside (hereafter) in a very dreadful hell for the time of a kalpa. 11. When (a calamity such as) an illness, or fire, or the death of a relative, happens to a witness within seven days after his evidence has been taken, he shall be made to pay the debt and a fine. 12. Learned Brahmans and other such persons (are incompetent witnesses) under a text of law ; thieves and the like persons, on account of their notorious perversity ; (the deposition of the witnesses is worthless) owing to mutual contradiction when the witnesses make mutually conflicting statements at the trial of a cause. 1 3. ' One who gives evidence of his own accord ' is a witness who comes to make a deposition of his own accord, without being appointed (a witness). Such a man is termed a spy in the law-books, and he is not worthy to become a witness. 10. Smr/ti/('. ativanarake kalpaw vaseyu/^ ku/asakshi«a>^ I para- vittahara ye ka. ragams X'apyadharmika/i 11 A kalpa is a fabulous period of time, the duration of which is reckoned in various ways. 11. Tod. Identical with Manu VIII, 108. 12-14. Viram. p. 151. 12, 13 a, and 14 occur in the Minor Narada as well (p. 34), where they come immediately after a text which is identical with Narada I, 12, 157 (above, p. 82). yi, 4. ORDEALS. 247 14. 'One rendered incompetent by intervening decease ' is a witness (who comes) after the death of the claimant, unless he should have been instructed (by the claimant) on his deathbed. VI. Ordeals. 1. Let (the defendant) touch the heads of his sons, wife, or friends ; or else the (ordeal by) sacred libation (may be performed), whatever the nature of the charge may be. 2. It is on the claimant that the duty of declaring his readiness to take on himself the penalty (to be awarded to the losing party) devolves in every case. Or the ordeal may be performed by either party at pleasure, the other party consenting to give the penalty (to be awarded in case of defeat). 3. To persons suspected by the king, or denounced (as criminals) by (intercourse with) robbers, or intent on their own justification, an ordeal must be admin- istered without binding (an opponent) to give the penalty. 4. (The performance of) an ordeal is ordained in VI, I. Viram. p. 226; M. Macn. X, i, 5 (uncertain). 2. Viram. p. 228. 3. V. T. ; M. Macn. X, i, 5 a (uncertain). The Mitakshara ex- plains the term s\ra./i or msha, which has been translated by 'penalty' in this paragraph and in the preceding text, as denoting the head, i.e. the fourth or principal division of a lawsuit, which involves defeat or success, and results in the awarding of a punishment or fine to the losing party. It appears more probable, however, that jiras, 'head,' is an equivalent for ' life,' the accuser having to declaie his readiness to risk his life, i. e. a heavy punishment, in case of defeat. 4. Smrzti;^. karate mahati proktawz divya;?^ vadarthina//z nr/«am I jirovarti yada na syat tada divyaw/ na diyate II This is apparently the 248 QUOTATIONS FROM NARADA. VI, 5. important cases, when people are engaged in a con- troversy ; an ordeal must not be administered when there is no one ready to take the punishment on himself. 5. Justice is based on truth, and litigation (depends) on witnesses. When a case admits of divine test, human evidence (the testimony of witnesses) or documents must not be resorted to. 6. The (ordeal by) sacred libation has been de- clared by the wise to be applicable to all (castes), and poison (to all castes), excepting the Brahman (caste). (Either the balance is reserved for Brah- mans), or the balance may be administered to (members of) every caste. 7. The (ordeal by) sacred libation may be admin- istered in every case. The (ordeal by) balance is admissible in every season. 8. Eunuchs, distressed or feeble persons, the severely afflicted, infants, old men, women, and the blind should be tested by the balance always. 9. (The ordeal by) poison is not destined for correct reading of the text translated above, Narada I, 19, 257 (pp. loi, 102). 5. M. Macn. X, i, 7. In actions for debt and the Hke, though witnesses possessing the required qualifications (such as veracity, &c.) should have been adduced by the plaintiff, an ordeal may be administered, if the defendant proposes an ordeal and promises to give the fine or other penalty to be inflicted in case of his being defeated, because witnesses are subject to the fault of partiality, whereas an ordeal shows the true state of the case, as no fault can be found with it, and is an emblem of justice. INI. 6. Viram. p. 235. This text comes after Narada I, 24, 335 (above, p. 117). 7. May. p. 18 (text). 8. 9. Viram.p. 235. In the third Pada of 8, I read balavr/d- dhastriyo^ndhawi-z^a with Smr/ti/^. for balavr/'ddhaturan stru kz VI, 14. ORDEALS. 249 women, nor is (the ordeal by) water fit to be admin- istered to them ; it is through (the ordeals by) balance, sacred libation, and others that (the judge) must explore the true state of their minds. 10. Let (the judge) test strong men by fire, water, or poison, and let him test infants, old or distressed men by the balance. 11. Let (the judge) avoid (the ordeal by) fire in the case of lepers, (the ordeal by) water in the case of the asthmatic, and (the ordeal by) poison in the case of bilious or phlegmatic persons. 12. In the season of the rains, let the (ordeal by) fire be administered ; also in the cold and chilly seasons. In the summer season, the (ordeal by) water is the proper (kind of ordeal). Poison (is destined) for the cold weather. 1 3. The chilly, cold, and rainy seasons are declared to be (the proper seasons) for the (ordeal by) fire ; the autumn and summer seasons, for the (ordeal by) water ; the (ordeal by) poison, (is fit) for the cold and chilly seasons. 14. The months of A^aitra (March-April), Marga- 6-irsha (November-December), and Vai-rakha (Aprll- (Viram., Tod), as the term atura occurs twice under the latter reading. 9. M. IMacn. X, i, 12 (uncertain); Nepalese Narada. 10, II. Minor Narada I, 5, 116, 118 (p. 46). For the Sanskrit, see Narada-smrzti, p. 1 1 2, note. Nearly identical with a text usually attributed to Pitamaha, Viram. p. 237. 12. Viram. pp. 239, 240. Nearly identical with Narada I, 19, 254 (p. loi) and Minor Narada I, 5, 113, 114 (p. 46). 13, 14 a. V. T. ; M. Macn. X, i, 10 (uncertain). These two texts are elsewhere attributed to Pitamaha, and it is certainly difficuh to reconcile them with 12. 14 b. Viram. p. 240. In the quotations, this text comes after 250 QUOTATIONS FROM NARADA. VI, 15. May) are proper months for all (ordeals), and not adverse to any kind of ordeal. (Ordeals must) never (be administered) in the afternoon, nor in the twi- light, nor at noon. 1 5. Ordeals administered at an improper place, or at an unsuitable time, or performed at a distance from human habitations, constitute a deviation from the proper course of a lawsuit, this is certain. 16. The chief judge must superintend the whole of the proceedings at an ordeal, fasting and obeying the king's instructions in the same way as an Adhvaryu (priest officiates) at a sacrifice. 17. The chief judge, who must be a Brahman, thoroughly versed in the Vedas and Vedangas, instructed in sacred learning and of religious con- duct, tranquil-minded, unambitious, 18. Fond of veracity, pure, able, delighting in the welfare of all sentient beings, having kept a fast, clad in his moist garments (after a bath), having cleansed his teeth, should worship all deities accord- ing to rule. 19. With red perfumes and garlands, as well as Narada I, 19, 259 (above, p. 102). ' The prohibition to administer an ordeal at noon has reference to ordeals other than the ordeal by water.' Viram. 15. Viram. p. 241 ; May. p. 18 (text). I read bahirvasakntani in the second Pada (bahirvadikrztani, INIay.), and vyabhi-^ara/« sadar- theshu in the third Pada (vyabhiHre sadartheshu, Viram.). 'At a distance from human habitations,' in solitude. Viram. 16. I\I. Macn. X, I, 8 a; ' Pitamaha,' elsewhere. 17. 18. Viram. p. 245 ; M. Macn. X, 2, 18 ('Pitamaha'). I read kuryad in 18, as in Mitakshara, Vivadata«^/ava> &c. (kmva, Viram.). These texts, although generally quoted in the section on the ordeal by balance, seem to contain a rule applicable to every ordeal. 19. M. Macn. X, 2, 17, &c. This text is supposed to apply to VI, 24. ORDEALS. 25 1 with curds, cakes of flour, fried grain and odier (offerings), he should first worship the balance, and then show honour to the others. 20. The balance and the other ordeals ordained by the sages should be administered by the king by consent of the claimant, but not otherwise. 21. When they are performed otherwise (the claimant not giving his consent), he incurs the same CTuilt as a thief. 22. I will state next the excellent rule regarding the (ordeal by) balance, as the king and the chief judge should administer that ordeal to a man (arraigned in a cause). 23. The two posts supporting the beam of the balance should measure four Hastas above ground, their (entire) length should be six Hastas. 24. The king should cause a wooden beam of the balance to be made, which must be four Hastas long, a judge who is about to administer the ordeal by balance to one arraigned in a cause. The term ' the others ' is said to relate to Indra and the other deities. 20, 21. Minor Narada I, 5, 112, 113 (pp. 45^ 46)- The second half occurs in the Nepalese Narada as well, where the chapter on the ordeal by balance commences wath it. For the Sanskrit, see Narada-smn'ti, loc. cit. 22. Minor Narada I, 5, 119 (p. 46). zlzh para^ pravakshyami dha/asya vidhim uttamam I ra^a ko, pra^/vivakaj /('a yatha izm karayen naram 11 23. Nepalese Narada. /('aturhastau tulapadav -akkhx^iyenz. prakir- titau 1 shaf/ 35- Viram. p. 254; SmnWL; V. T. I read with Smrili/c. 2 54 QUOTATIONS FROM NARADA. VI, 36. go all of a sudden : (in all these cases) the matter in dispute must not be decided either way. 36. Now then I will proclaim the excellent rule regarding the (ordeal by) fire, as it has been declared (by the sages). The intermediate space between two circles is ordained to measure thirty-two Angulas. 37. The seven circles are thus declared by persons thoroughly conversant with the art of computation to cover a space of two hundred and twenty-four Angulas. 38. Let the peculiar signs be marked which he has on both hands, both visible and invisible ones, whether caused by a scar or not caused by a scar. 39. After having first marked in this way the hands of the person accused, he should offer clarified butter in fire according to rule, as a propitiatory rite, reciting Mantras (at the same time). tulajirobhyam udbhrantaw? vi^a.\a.m nyastalaksha«am I yadi vayu- prawunno va dhavaty urdhvam adho^pi va 11 nirmuktaA sahasa vapi tada naikatara/?/ vra^et II 'The mark,' i.e. 'the water or whatever else has been used to mark the even position of the scales' (Smr/ti>^., Viram.), or ' the bill recounting the charge which has been fixed on the head of the person balanced ' (V. T.). 36. Viram. p. 256. 37. Nepalese Narada ; Minor Narada I, 6, 3 (p. 49). I read : saptabhir maw^alair evam ahgulanaw jatadvayam i sa^aturviwi^ati prokta7« sawkhyatattvarthadarjibhi,^ II The quotations agree with Narada I, 21, 286 in referring to eight, instead of seven, circles. 38. Viram. p. 259. The marking of the hands serves the pur- pose of marking the difference between the previously extant sores and those eventually caused by the hot iron ball. 39-45. Smr/ti/^. krztvaivam abhi.yastasya prathama?^ hastala- kshawam i jantyarthaw ^j^ruhuyan mantrair ghr/tam agnau yatha- vidhi II tarpiteshv atha deveshu lokapaleshu >^aiva hi | adityabhi- mukho bhutva ima?;/ mantram udirayet 11 tvam agne sarvadevanam antaj- X'arasi pavaka^ i havya/s vahasi devanam anta/;janti//2 praya- ^;^y^asi II pra/^'^/^anani manushyawawz papani suk?7tani ka. | tvam eva VT, 47. ORDEALS. 255 40. The gods and the guardian deities of the world having been hospitably entertained, let (the person accused) utter the following prayer, facing the sun. 41. 'Thou, O fire, dwellest in the interior of all deities as a flame. Thou conveyest burnt-oblations to the gods, and givest peace of mind, 42. ' Thou, O God, knowest the secret offences and merits of men. Thou, O deity, knowest what- ever mortals do not comprehend. 43. 'Arraigned in a cause, I am about to be tested by fire. Therefore deign to deliver me lawfully from the perplexity in which I am involved.' 44. The man (about to be examined) having made this speech, facing the east, with firmness, his joined hands should be covered with seven equal leaves of the holy fig-tree, 45. And both hands should be tied with seven strings of light-coloured thread. 46. (Then the man) should take a smooth ball of red-hot iron, fifty Palas in weight, in both hands, and step gradually across the seven circles. 47. When a man has carefully stepped through deva ^anishe na vidur yani manushdy^ II vyavaharabhii'astOiyara vahnau tish/Z/ami sa?usaye I tasman ma?;z s^f/isayzvudhapi dharmatas tratum arhasi 11 evam uktavatas tasya pranmukhasya tu dhimata// I pattrair aw^alim apurya a^vatthai/z saptabhi^ samai/^ II vesh/ayita sitair hastau saptabhi/z sutratantubhi,^ II For similar prayers, which are put in the mouth of the judge however, see Narada I, 21, 290- 294 (above, pp. 109, no); Minor Narada I, 6, 10, 11 (p. 41). 45. ]M. Macn. X, 3, 2. 46. ]Minor Narada I, 6, 6, 7 (p. 49). huta^-ataptalohasya pafi/^aj-atpalikaw samam I hastabhya?;^ piwa'am adaya maw^alani j-anair vra^et II 47. Nepalese Narada. tirtvanena vidhanena mawd^alani samahita/z 1 256 QUOTATIONS FROM NARADA. VI, 48. the (seven) circles in this way, without having burnt himself in the least, he is acquitted. 48. When he has dropped the ball, his hands should be inspected. If the marks have retained their previous appearance, he should examine (the hands) elsewhere as well. 49. When a bloodshot round stain or any other sore caused by fire is seen, the man has to be con- sidered as guilty, because truth and virtue are not found in him. 50. I will proclaim next the excellent rule regarding the (ordeal by) water. Let a king who is desirous of establishing perfect truth refrain from administer- ing (this ordeal) in winter. 51. With perfumes, garlands, sweet-smelling sub- stances, honey, milk, clarified butter, and the like, let (the judge) perform the worship of Varu/^a (the deity of water) first of all. 52. Let (the judge) cause this ordeal to be per- adagdha// sarvatha yas tu sa vijuddho bhaven nara,^ II Nearly identical with IMinor Narada I, 6, 7 a, 8 b. 48,49. Tod.; Smr/tiX'. ; Viram. p. 264 (' Kalikapurawa '). 48b according to the Nepalese Narada. tasyaiva muktapi;/i^asya kuryat karanirikshawam 1 purvariipeshu ^ihneshu tato ^^ nyatrapi lakshayet li m.dinddih.m raktasa»/kajaw ya^ ^anyad vagnisaz'/bhavam 1 so^vijud- dhas tu vi^weyo ^ satyadharmavyavasthita^ II ' If a boil or other (tumour) caused by fire should be discovered on the palms of his hands, he has to be considered as guilty. If nothing of the kind is discovered, he is innocent.' Smrz'ti-^., Viram. 50-79. The ordeals by water and poison are omitted in the Smr/tiy^andrika, ' because they are obsolete novv-a-days.' 50. Nepalese Narada. ata,^ para/w pravakshyami toyasya vidhim uttamam 1 hemante var^ayed ra^a ya ikkhek >^7mddhim uttamam n 51. M. INIacn. X, 4, 3 (uncertain); Viram. p. 269. 52. Minor Narada I, 7, 2 (p. 50). sva^/^^e ^ale sui'itale ^alau- ka^^pahkavar^ite I vipule natigar//^e >^a kuryad divyasya nir;myam n VI, 56. ORDEALS. 257 formed in transparent and very cool water, which does not contain aquatic animals or mud, and is abundant and not too shallow. 53. Let (a man) go near the bank of the water (in which the accused is to be immersed) and erect an arch as high as the ear (of the person) on the edge (of that water), on level and purified ground. 54. A strong bow should be known to have seven hundred ; one not particularly strong, six hundred ; a w^eak bow, five hundred. Thus has the rule reeardine the bow been declared, 55. From a bow of a middling quality let a skilful (archer) discharge three arrows, after having made a target one hundred and fifty Hastas distant. 56. (The archer) is blameable if the arrows dis- charged by him fall short of or go beyond the target. (The person accused) obtains acquittal if his body continues immersed in water after the middline arrow has been (discharged and) brought back. 53. M. Macn. X, 4, 13. 54. Nepalese Narada. krura?;/ dhanu// sapta^ataw natikruraw tu sha/jatam | manda;;/ paz/y^ajataw ^;7cyam esha prokto dhanurvidhi/; II Nearly identical with Minor Narada I, 7, 4 (p. 50); Narada I, 22, 307 (above, p. 112); Viram. p. 268, &c. The translation of this text is based on the interpretation given in Tod. ' That bow which bends sufficiently to admit of discharging an arrow from it, when a weight of seven hundred Palas is fastened by the string, is said to have seven hundred. The terms " six hundred " and " five hundred "' have to be understood in the same way.' See too, above, p. 112, 307 note. 55. 56 a. ]\r. Macn. X, 4, 15. The rule regarding the distance of the target, which renders the arrows entirely superfluous, seems to belong to a more recent period than the other rules. See Prof. Stenzler's Essay on Indian Ordeals. 56b. Tod. anite madhyame vaz/e magnahga/^ juX'itam iyat 1 [33] S 258 QUOTATIONS FROM NARADA. VI, 57. 57. Among fifty runners, those two who are the quickest runners should be appohited to fetch the arrow. 58. Let a strong man, who may be a Brahman, Kshatriya or Vai^-ya, and must be free from affection and hatred, be placed in water reaching his navel, (standing erect) like a pillar. 59. (The accused), thoroughly controlled in mind, shall seize the thighs of that man under water, and stand in it composed all the time till the (runner) appointed to fetch (the arrow) has returned. 60. Then let men strictly devoted to veracity and virtue, acquainted with the application of legal rules, and free from affection and hatred, see that every- thing- is fair. 6t, An intelligent, pious-minded man should descend into the water and duly address (the deity of water) w^ith the following auspicious texts. 61 b. The sacred prayer (runs as follows). ' Om, adoration to Justice. 62. ' Thou, O lord of waters, who art so pleasantly 57. M. Macn. X, 4, 12. , 58. Viram. p. 269. 59. Nepalese Narada. toyam adho manushyasya gnliitvoru susawyata/z i tavat tishMeta niyato yavat prapta-^ samapaki 11 60. Minor Narada I, 7, 8 (p. 51). dharmasthanaw tata// kuryu/2 satyadharmaparaya«a/z I dharma^astravidhana^fia ragadveshavivar- g'ltak II 61. Nepalese Narada. avatirya ^ale vidvan snata>^ prayatama- nasa/z 1 j'ravayeta yathanyayam ebhir mantrapadai/^ jubhai/z li The correctness of this reading seems doubtful. According to the other authorities, the prayer is to be recited by the judge or by the accused. 61 b. Nepalese Narada. dharmamantra/z 1 om namo dharmaya i 62. Nepalese Narada. yonis tvam asi (yatas tvam asti MS.) bhutana;;/ ^ale^a sukhajitala I trayasvainaw nara?;^ papat pajyasi tvaw .yubhajubham II VI, 67. ORDEALS. 259 cool, art the source of (all) beings. Save this man from guilt, thou knowest both good and evil. 63. ' Thou art the first of the gods and the great comforter of the world. Thou, O water, dwellest in the interior of all beings, like a witness. 64. ' Thou, O deity, alone knowest what mortals do not understand. This man, being arraigned in a cause, is going to dive in thee. Therefore deign to deliver him lawfully from this perplexity.' 65. Then (the accused) should submerge all his limbs in water so as to become invisible. 66. A prudent man should leave the water, after having seen the arrow brought back, and should approach the king and all the assessors of the court, after saluting them reverentially. 67. Though only his ear, eye, mouth or nose should become visible while he is in water, he cannot be acquitted. If he remains invisible, he obtains acquittal. 63a occurs in the Minor Narada and Nepalese Narada (Minor Narada I, 7, 15 a). adidevoAsi devanam (bhutana;;/ Nep. Nar.) lokasyapyayana;;/ mahat 1 After this, the Nepalese Narada has two texts, which are identical with Narada I, 22, 316, 317. 63 b. Minor Narada I, 7, 16 a. tvam ambha-^ sarvabhiitanam antaj X'arasi sakshivat I Identical with Vish;m XII, 7 a. 64 a, b. Minor Narada I, 7, i6b, 17 a. tvam eva deva ^anishe na vidur yani manava/^ I vyavaharabhii'astoiya?/'/ manushas tvayi ma^^ati II Nearly identical with Vish;m XII, 7 b, 8a. 64c. Minor Narada I, 7, 17 b. tad emm saw^jayad asmad dhar- matas tratum arhasi I Identical with Vishwu XII, 8 b. 65. Nepalese Narada. tato nima^^et salile sarva/zy ahgany adarjanat 11 66. Nepalese Narada. prapts.m tu sayaka/// dr/shA^a ^alad uttirya buddhiman | prawipatya nnpa??i gaX'/'/^et sarva?;/.v /-aiva sabhasada// 11 67. INIincr Narada I, 7, 12. kar«akshimukhanasana;;/ yasya toye vyavasthitam i drzjyate na vijuddha/^ syad adr/sya// juddhim apnuyat 11 * S 2 260 QUOTATIONS FROM NARADA. VI, 68. 68. Now then I will proclaim the excellent rule regarding the (ordeal by) poison, (stating) how the king should give poison, the best means of purifica- tion for a man. 69. Let him give the poison in the presence of (images of) the deities and Brahmans, after having kept a fast and worshipped Mahe^vara with incense, offerings, and sacred texts. 'JO. (The judge) should give the poison with fixed attention, facing the north or the east, in the presence of Brahmans, (while the accused) is facing the south. 71. Let seven Yavas be given, as a test of inno- cence, without doubt, of poison from the 6'rmga tree or Vatsanabha (poison) or Hima^^a poison. 72. In the morning and in a cool place let the poison be given to all persons, after it has been finely ground, and mixed with clarified butter thirty times the quantity. 73. He must not give poison to infants, disabled or superannuated persons, or to those who have committed a very light offence only, or to a mad- man, to one severely afflicted, to a cripple, or to ascetics. 74. If the person (examined) undergoes no change 68. Minor Narada I, 8, i (p. 52). ata^ para?;/ pravakshyami vishasya vidhim uttamam 1 yatha dadyad \isha;;z ra^a jodhanaw parama;« nrzV/am 11 69. M. Macn. X, 5, 4. 70. I\I. INIacn. X, 5, 6. 71. Tod.; Viram. p. 273 (' Pitamaha '). Hima^a poison is no doubt the poison elsewhere called Haimavata, ' coming from the Himalayas.' 72. Viram. p. 275; M. Macn. X, 5, 13 (' Katyayana '). 73. Nepalese Narada. na balaturavr/ddheshu naiva svalpapara- dhishu I nonmattarte tatha vyafige na /^a dadyat tapasvishu 11 74. M. Macn. X, 5, 16. VI, 8o. ORDEALS. 26 1 of appearance during the time occupied by clapping the hands five hundred times, he is acquitted, and should be cured (by giving him antidotes of poison), 75. 'On account of thy poisonous and dangerous nature thou art hard on all persons. Thou art appointed to show the difference between good and evil like a witness. 76. ' Thou, O deity, knowest the sacred ordinances and the conduct of men, both good and evil actions, (in short) whatever men do not comprehend. 'J J. ' This man being arraigned in a cause, wishes to obtain acquittal. Therefore deign to deliver him lawfully from this perplexity.' 78. This prayer should be pronounced according to rule, while the poison is being swallowed (by the person). 79. The king having known the man to be Inno- cent should honourably dismiss him, and proclaim him (innocent) with a loud voice. Thus has the law been laid down. 80. (Let the ordeal by sacred libation be adminis- tered) to one who consents to it and puts faith (in 75. IMinor Narada I, 8, 7. vishatvad vishamatvaZ' /?'a kruraw tvaw sarvadehinam I i'ubha.yubhavivekarthaz?^ niyukto hyasi sa- kshivat II The first half is identical with Vish/m XIII, 6 a. 76. Minor Narada I, 8, 8. dharma/n /^arita/;/ puwsam axubhani .rubhani /^a I tvam eva deva ^anishe na vidur yani manava/i 11 76b is identical with Vish;m XIII, 6 b. 77. Identical with Vish;/u XIII, 7. 78. Nepalese Narada. iti mantra;/^ pa///et tatra vidhina vishabha- kshawe (vibhaksha7/e MS.), 79. Tod. taw vijuddham iti ^;7atva n^a satkr/tya moX'ayet I Mkk^ih prakajayeX' /('ainam esha dharmo vyavasthita/^ 11 80. Viram. p. 278, where this text is preceded by two texts identical with Narada I, 24, 327, 328 (above, p. 116). 262 QUOTATIONS FROM NARADA. VI, 8l. religion) in the presence of the deities and Brah- mans. 8 1. Having called near the person accused, (the judge) should place him inside the circle and cause him to swallow three handsful of water, after having caused him to face the sun. 82. After having worshipped that deity (to which the accused is devoted, the judge) should wash (the image of that deity) with water, proclaim his crime, and cause him to swallow the three handsful of water. 82,. When some one drinks consecrated water of his own accord, after having been charged with a crime, and does not confess his guilt, actuated by avarice, such a wicked man will become a leper (in a future birth). 84. When a man tells a lie knowingly and inten- tionally, after having drunk consecrated water, he is born as a poor, sick, or foolish person in seven (suc- cessive) existences, 85. When a man administers the (ordeal by) sacred libation by force to procure some advantage to himself, it will destroy himself, nor will his affairs prosper. 86. When a man has been convicted (by this 81. M. Macn. X, 6, 8 (uncertain); V. T. The circle has to be made with cowdung. I\I. 82. Viram. p. 279. 83. Viram. p, 279; Smr/ti/^. 1 read, with the latter work, ya/i kajX'id dushito nara//, ' after having been charged with a crime,' in- stead of na kva/('id dushito nara//, ' without having been charged with a crime ' (Viram.). 84. 85. Ibid. 86. INIinor Narada 1, 9.5. vibhavitaz?/ sadapya^ syad dhanina tusva- ya7« dhanam l nmk ^a dvigivizfu da7id3.?u xaga. dharmewa dapayet II VII, 6. MISCELLANEOUS LAWS. 26 O ordeal) he may be compelled by his creditor him- self to repay the debt proved against him, and the king may exact from him with justice a fine amount- ing to twice as much as the debt. VII. Miscellaneous Laws. 1 . (Because fathers desire offspring, to be released from debt by their sons), therefore should a son be- gotten (by his father) give up his own property and assiduously redeem his father from debt, lest he should oro to hell. 2. The interest is unlimited on thread, cotton, substances from which spirits may be extracted, tin, lead, weapons of all sorts, skins, copper, iron, 3. And all other articles of this kind, as well as bricks. This has been declared by Manu Pra^apati. 4. On oil of every sort, on intoxicating drinks, on honey, on butter, on sugar, and on salt, the interest shall cease when it reaches eight times the original amount. 5. The debts of sick, mad, overaged, or long absent persons : such debts should be discharged by their sons even while such persons are alive. 6. A wife, a daughter-in-law, a grandson's wife, and the presents bestowed on a wife (which consti- tute her separate property) : if a man takes any of these, he shall be made to pay the debts (of such VII, I. Viram. p. 340; Minor Narada I, 3, 5. See Narada- smn'ti, p. 47, note. 2-4. Minor Narada I, 4, 34, 35. See Narada-smr/ti, p. 77, note. 5. Minor Narada I, 3, 15. See Narada-smn'ti, p. 50, note. 6, 7. Minor Narada I, 3, 22, 23. See Narada-smnti, pp. 53, 54, note. 264 QUOTATIONS FROM NARADA. VTI, 7. women) ; and so shall he who lives on the landed property (of a stranger). 7. It is on the wife that the performance of reli- gious acts depends in all (four) castes, one after the other. He who takes the wife of a man, takes his property (and debts) as well. 8. Females are not entitled to bestow gifts, or to sell property. It is only while she is living together (with her family), that a woman may enjoy (the family property). 9. It is by permission (of the owner) only that a female slave, cattle, or an estate may be enjoyed (by a stranger). He who enjoys that which had not been given up to him (by the owner), must pay for the (illegitimate) enjoyment of what he had been enjoying. 10. When a man forcibly enjoys property, such as a house, field, cow or the like, without authorization (from the owner), he deserves the same punishment as a thief. 11. He who uses a bull, or a milch-cow, or a boat, or a female slave, without authorization (from the owner), shall pay four Pa;^as (as a fine). 8. Minor Narada I, 3, 28. See Narada-smrzti, p. 56, note. 9-15. Smr/'ti/^-. uddish/am eva bhoktavya;;/ stri pa^ur vasudhapi va 1 anarpita?// tu yo bhuhkte bhuktabhogaw pradapayet 11 anuddi- sh/awi tu yad dravyaw vasakshetragavadikam I svabalenaiva bhu«- ^ana,r /^oravad da«(/am arhati n anaf/vaha;;/ tatha dhenu/;/ nava/;/ dasiOT tathaiva ^a I anuddish/ara tu bhu;7^ano dadyat pa^za-^atu- sh/ayam 11 dasi nauka tatha dhuryo bandhakaw nopabhu^yate I upa- bhokta tu tad dravya?/^ pa«air eva vi^odhayet II divase dvipa«a»z dasm dhenum ash/apa^zaw/ tatha I trayodajam ana^vaham ajvaw hhum'wi ^a. shodasa. \\ naukam a.sva.m ka. dhenum ka. lahgala;;/ karmi- kasya >^a I balatkare«a yo bhuhkte dapyaj /^ash/aguwaw dine 11 uliakhale pa;;ardha;;^ tu musalasya pa«advayam I jurpasya Aa. pa«ardha?;i tu ^--aiminir munir abravit 11 VII, ip. MISCELLANEOUS LAWS. 265 12. A female slave, a boat, a beast of burden, and a pledge is not lost (to the owner) by adverse pos- session. The possessor is bound to give a compen- sation in money for his enjoyment of them. 13. (Let him give) two Pa;^as a day for the use of a female slave ; eight Pa;/as for the use of a milch- cow ; thirteen for the use of a bull ; sixteen for the use of a horse or of an estate. 14. He who forcibly enjoys a boat, a horse, a milch-cow, or the plough of an agriculturist, shall be made to pay eight times (their value) each clay. 15. (For the use) of a mortar, half a Pa;^a ; for the use of a pestle, two Pa/^as ; for the use of a winnowing basket, half a F3.ua.. Thus has the sage 6^aimini declared. 16. A deposit which has been entrusted to a friend, is called a deposit based on confidence. 1 7. Should a man, after entering the order of religrious ascetics, violate the duties of his order, the king should cause him to be branded with a dog's foot and banish him quickly (from his realm). 18. These two persons are (as contemptible as) ICajidalaiS for their acts, and should be kept entirely apart from the world : one who has forsaken the order of relic^ious ascetics, and one who has entered an order prohibited in law. 19. He is called Guru (a teacher) who instructs his pupil, duly addressing him in Prakr/t or Sa?;/skr?'t, or employing a local or other dialect. 16, 17. Viram. pp. 406, 407. 18. Srnnti/J'. dvav eva karma/^'a;/fi^alau loke durabahishkr/tau I pravra^yopanivr/ttaj ^a v;7tha pravra^ita^' X'a yah 11 19. Viram. p. 72. 266 QUOTATIONS FROM NARADA. YII, 20. 20. When a quarrel has arisen between prosti- tutes and the lovers frequenting their house, the principal prostitutes and the lovers shall decide the dispute in common. 21. If other persons (than the neighbours) should give false evidence in a dispute concerning land, such low persons shall be condemned to pay the first fine each in his turn, 22. A boundary is declared to be of five sorts, as it may be either marked by signs (such as trees), or by water (of a river), or by articles deposited under- ground, or subject to no quarrel (being determined by consent of both parties), or fixed by ro)'al com- mand. 23. After having traced those (robbers) with the aid of able spies acquainted with their habits, he shall avoid frightening them, and shall cause them to be arrested by officials secretly set upon them. 24. It is not from the air, from the sky, from the sea, or from other (such parts) that robbers will come ; therefore one should act thus. 25. (The king) shall endeavour to inveigle (thieves and robbers) through cunning spies who are anxious to catch thieves. Other skilful and reliable persons also, artful talkers and former thieves, shall (be ap- pointed to) detect the thieves. 26. By giving them wealth and valuable presents, 20. Viv. p. 102 ; Col. Dig. Ill, i, 98 ; Ratn. p. 167. 21. Yiram. p. 459 ; Ratn. p. 212. ' Other persons,' i. e. hunters, foresters, and so forth. This text comes in between ISTarada XI, 7 and 8. 22. Ratn. p. 214; Viram. p. 452. 23. Ratn. p. 292. 24. Ratn. p. 335. This text should come in immediately after Narada XIV, 25. 25-29. Ratn. p. 337. Read /fauryapade^aij /'a in 26. VII, 29- MISCELLANEOUS LAWS. 267 by causing them to attend at public shows and fes- tivals, and by pretending intended robberies, they shall cause (the thieves) to assemble together. 27. Those who fail to make their appearance on such occasions, though skilful spies have been set on them, shall be arrested together with their sons, kinsmen, and relatives. 28. He shall then arrest the thieves after having convicted and enticed them {to make their appear- ance), and shall inflict capital punishment on them in various ways, after having proclaimed (their deeds) everywhere. 29. Innocent persons also are seen to mingle with thieves (occasionally) ; let not the king inflict punish- ments indiscriminately on such. B/?/HASPATI. INTRODUCTION TO THE FRAGMENTS OF B7^/HASPATL The fragments of Br/haspati are among the most precious relics of the early legal literature of India. Apart from Importance of their intrinsic value and interest, as containing B;7haspati. ^ ^gj.^ f^j] exposition of the whole range of the Hindu law, their close connexion with the Code of Manu gives them a special claim to consideration, and renders them a valuable link in the chain of evidence ^ by which the date of the most authoritative code of ancient India has been approximately determined ^. The connexion between the Manu and Br/liaspati Smr/tis appears first from the way in which BrAaspati refers to, He refers to and quotes from, the Code of Manu. In the Manu. chapter on Gambling and Betting, Br/haspati says (XXVI, i), ' Gambling has been prohibited by Manu, because it destroys truth, honesty, and wealth. It has been permitted by others, when conducted so as to allow the king a share (of every stake).' The observation that Manu dis- agrees with the other legislators as to the permissibility of gambling is perfectly just. See Manu IX, 221-238 ; Ya^;7a- A valkya II, 199-203; Apastamba II, 25, I2, 13; Narada XVII, 1-8 ; Katyayana XXV, i. Br/haspati goes on to say (XXVI, 2) that 'Gambling shall take place under the super- intendence of keepers of gaming-houses, for the purpose of discovering thieves.' This rule agrees almost literally with Ya^;7a valkya II, 203, and the fact that Brz'haspati does not refer to Ya^/7avalkya by name, although he names Manu, can only be accounted for by his very particular veneration for the latter, as the fountain-head of Sacred Law. — On the ' Biihler, The Laws of Manu (Sacred Books of the East, vol. xxv), pp. cviii-cx. " What follows up to p. 275 has been reprinted, with modifications and additions, from a paper on ' Manu and Brzhaspati,' in the first volume of the Vienna Zeitschrift f. d. Kunde d. Morgenlandes, pp. 275-2S0. 272 Bi^/HASPATI. subject of weights or coins, Brzhaspati says (X, 10), 'The quantities beginning with a floating particle of dust and ending with a Karshapawa have been declared by Manu.' The statements of Manu which are thus referred to by Br/haspati may be found, Manu VIII, 132-137. — In speaking of the Niyoga or appointment of a widow to raise offspring to her deceased husband, Br/haspati says (XXIV, 12), 'The Niyoga has been declared by Manu, and again prohibited by the same ; on account of the successive deterioration of the (four) ages of the world, it must not take place (in the present or Kali age)/ This text shows that the conflicting statements of Manu (IX, 57-68) with regard to the Niyoga, which have been the matter of so much comment among European philologists, had already struck his follower Br/haspati, and were ingeniously ex- plained by him, in accordance with the practice of his own times. — In the chapter on Inheritance (XXV, ^^), Brzliaspati observes that out of the thirteen sons declared by Manu, a legitimate son of the body (aurasa) and an appointed daughter (putrika) are the only ones that represent real issue. It is true that Manu (IX, 158, 180) speaks em- phatically of twelve sons only, but the appointed daughter or her son is not among these, and he advocates in strong terms the rights of an appointed daughter's son (IX, 127- 140), and cuts down very much the rights of all the other substitutes for a son (IX, 180, 181). This shows that Br/haspati's rules on this head are perfectly in keeping with the teaching of Manu. — In the chapter on Sale with- out Ownership (XIII, i) he refers to Manu (VIII, 197) by the name of Bhr/gu. Secondly, in a number of other instances, the Code of Manu, though not appealed to by name, is neverthe- Indirect Icss distinctly referred to by Br/liaspati. Thus, references, j^ ^^e chapter on Inheritance (XXV, 79), he observes that ' those by whom clothes and so forth have been declared impartible have not decided properly.' The well- known versus memorialis concerning impartible property, the contents of which are further discussed in the sequel by Br/liaspati; occurs both in the Code of Manu (IX, 219) and INTRODUCTION. 273 in the Vishz/u-smr/ti ; and it may be presumed either that the authors of these two works are the authorities referred to by Br/haspati, or that Manu is referred to in the plural is majestatis, as is often the case with teachers. The reason why Manu is not referred to by name may be sought in the fact that Brzhaspati does not care to openly avow his dissent from so eminent an authority. — In the chapter on Debts, Bnhaspati remarks (XI, 4) that interest is divided into four species by some, into five by others, and by others again into six sorts. Four sorts of interest are mentioned by Manu, VIII, 153. — In the chapter on Inheritance (XXV, ^^), he declares that an appointed daughter or her son has been pronounced equal to a legitimate son of the body. The rights of an appointed daughter, as shown before, are laid great stress upon by Manu, and he actually states that an (appointed) daughter is equal to a son (IX, 130). Thirdly, Brzliaspati, even when not expressly referring to Manu, presupposes throughout an acquaintance with Comments on ^is Code, and a very large portion of his Manu. Smr/ti is devoted to the interpretation of technical terms or to the elucidation or amplification of the somewhat laconic enunciations of Manu. Thus, for example, in the chapter on Debts (XI, 5-1 1), he explains, comments on^ and amplifies the four sorts of interest mentioned by Manu (VIII, 153). In the same chapter (XI, 55~5^) ^^^ interprets the curious terms used by Manu (VIII, 49) to denote the various modes of re- covering an outstanding debt. In the chapter on Sale without Ownership (XIII, 2), he explains the technical term asvamin, ' another person than the owner,' which had been first used by Manu. From the general maxim of Manu (VIII, 2, 11) that the allotment of shares among partners in any undertaking shall be arranged in the same way as for a company of officiating priests, Br/haspati (XIV, 20-32) has developed a series of elaborate rules regarding partnership in tillage, workmanship, trade, musical performances, and robbery. In the same way, the threefold law of breach of promised obedience, non-payment of wages, and disputes between the owner of cattle and his servants has been [33] T 2 74 B/2/HASPATI. developed by Br/haspati (XVI, i, 2) from Manu's two titles of non-payment of wages and disputes between master and servant. An analogous course of development may be observed in the chapters on Ordeals, Resumption of Gift, and Violation of Agreements, as compared to the scanty provisions of Manu (VIII, 114-116, 312-214, 218-221) on the same subjects. In the chapter on Boundary Disputes, IManu's technical term maula, ' an original inhabitant of a place,' is interpreted by Brzhaspati (XIX, 12). It would be easy to multiply examples. One more analogy between the Manu and Brzliaspati Smrz'tis seems to be specially deserving of notice. Both agree in arranging the whole field of legal controversies under eighteen heads, and it appears from the introductory verses to several chapters (XII, I ; XIII, I ; XV, I ; XVI, i ; XVII, i, &c.) that Bnlias- pati was anxious to discuss the eighteen titles of law in the same order as Manu. Nevertheless, he applies an interesting new principle of division to the eighteen titles of law by distinguishing fourteen titles relating to civil law, and four titles relating to criminal law (II, 3-9), and introduces a number of subdivisions (II, 2, 10 ; XVI, 1-3 ; XXII, 1, 2). Fourthly, BrzTiaspati declares emphatically that any Smrzti text opposed to the teaching of Manu has no validity (XXVII, 4). Under these circumstances the tradition preserved in the Skanda-purawa that there are four versions of the Code of Manu, by Bhrzgu, Narada, Brzhaspati, and Ahgiras, acquires a peculiar significance. Taking the version attributed to Bhr/gu to be identical with the Code of Manu, the soi-disant composition of Bhr/gu, it is impossible to doubt its connexion with the Narada^ and Br/haspati Smr/tis. It is but natural to find, therefore, that Narada and Br/haspati agree very closely inter se, as e. g. in adding a title called ' Miscellaneous ' to Manu's eighteen titles of law(Brz'haspati XXVII, i), in enumerating and describing three sorts of proof, eleven or twelve kinds of witnesses, eight or ten ' members of a lawsuit,' four parts of a judicial proceeding, four sorts of answer in a suit, 1 See above, Introduction to Narada. INTRODUCTION. 275 various ' defects of a plaint,' three kinds of officiating priests, four species of gifts, four divisions of violence (sahasa), five modes of recovery of a debt, &c. Many other analogies between the two works may be gathered from a mere cursory comparison of their contents ; they agree par- ticularly in the use of many technical terms. One of these, the designation of a gold coin by the Roman or Greek term dinara, i.e. denarius (X, 15), is an important test for the date of both works, and compels us to refer the earlier date of the composition of Br/haspati's law-book to the first century A, D., the period to which belong the earliest Indian coins corresponding in weight to the gold denarius of the Romans ^ As regards the lower limit, one might feel inclined to assign an earlier date to BrzTias- pati than to Narada, on the ground of his being a faithful follower of Manu in a far higher degree than is Narada, who differs from Manu on such important points as the names and order of several titles of law, the legitimacy of the Niyoga, &c.^ Nevertheless, the enlightened views of Br/- haspati on the subject of women's rights^, and the advanced character of his teaching generally, render it probable that his learned composition belongs to a somewhat more recent period than the Narada-smr/ti. The fact that Br/haspati was considered an inspired writer by the very earliest commentators of law-books, such as e.g. by Medhatithi (ninth century), proves him to have preceded those commentators by several centuries. An analogous result may be obtained by comparing the laws of Br/haspati with the corresponding portions of the Burmese The DhammathatSjthe Buddhist Indian originals Dhammathats. of which, according to Dr. Forchhammer, were composed in the seventh, eighth, and ninth centuries. The coincidences between Br/haspati and the Dhammathats are both numerous and striking"^. It may be added that 1 West and Biihler, Digest of the Hindu Law, I, p. 48; Jolly, Tagore Lect.p.56. '^ See above, Introduction toNarada. ^ Jolly, Tagore Lectures, pp. 193, 241. * Several coincidences between Br/haspati and the ^Yagaru, the earliest law-book of Burma, have been collected by Dr. Forchhammer, Jardine Prize Essay, pp. 55, 57, 58. For other examples, see Dr. Forchhammer's edition of th Wagaru, pp. 12 (gifts), 36 (twelve witnesses), &c. T 2 276 B/J/HASPATI. the judicial proceeding described in the well-known drama Mr/Z'/^/^aka/ika corresponds to the rules laid down by Bri- haspati, as has been shown elsewhere. For all these reasons, the composition of the Br/haspati-smn'ti cannot be referred to a later period than the sixth or seventh century A.D. Hitherto, those texts of Brzhaspati have been entirely left aside which relate to other parts of the sacred law than Civil and Criminal Law and Procedure. Hema- Religious texts. ^j-i'sA-aturvarga/nntama/zi^Devaw/abha/Za's SmrztiX^andrika, and most other standard Dharmanibandhas contain a number of texts of BrzTiaspati on Dana, Vrata, Pr^- ydiskitiSL, and all other parts of the religious law. However, an examination of these texts has yielded no definite result, and they are not sufficiently numerous by far to admit of re- constructing the purely religious portion of the ancient Bri- haspati-smr/ti from them. Nor is it at all improbable that the legal texts of Br/haspati may have formed an independent work from the outset, just like the Narada-smrzti, or like the Burmese Dhammathats, in which forensic law was treated by itself, without any admixture of religious elements. The legal texts attributed to Br/haspati are so numerous as to make up in their entirety a law-book which contains a full exposition of forensic law, hardly inferior rrangemen . .^ ^.^^ ^^ ^^^ Narada-smr/ti. The principles on which the texts have been collected and arranged are the same as in the case of the Quotations from Narada. The preservation of the introductory texts to several titles of law, and the occurrence of many long series of consecutive texts of Brzliaspati in the Dharmanibandhas, facilitate considerably the task of arrangement, though the original position of many texts in Brzliaspati's Dharmaj-astra must needs remain doubtful. For the chapter on Inheritance the following other works have been used, besides those consulted for the Quotations from Narada: G. Sarkar's translation of theVira- mitrodaya on Inheritance (V.); Dr. Burnell's Madhaviya and Varadara^a ; Professor Blihler's edition of the U^^ala of Haradatta ; Haradatta's Gautamiya Mitakshara (MS.) ; Nandapawc/ita's Vai^yanti (MS.). Bi?/HASPATI. I. Constitution of a Court of Justice. 1. In former ages men were strictly virtuous and devoid of mischievous propensities. Now that avarice and mahce have taken possession of them , judicial proceedings have been established. 2. A judicial assembly is declared to be of four sorts : stationary, not stationary, furnished with (the king's) signet-ring, and directed (by the king). The judges are of as many sorts. 3. A stationary (court meets) in a town or village; one not stationary is called movable ; one furnished with (the king's) signet-ring is superintended by the chief judge ; one directed (by the king) is held in the king's presence. 4. The king, his chosen representative (the chief judge), the judges, the law (Smr/ti), the accountant and scribe, gold, fire, water, and the king's own officer are ten members of legal procedure. 5. A court of justice is composed of these ten members ; and a judicial assembly of this sort, in which the king examines causes attentively, is com- parable to an act of religion. 1,1. Viram. p. 5. 2-10. Sm;-/ti/('. 2, 3. Apararka. pratish/ZzitapratishMita mudrita saska. tatha I /taturvidha sabha prokta sabhyaj- X-aiva tathavidha// II pratish/Znta pure grame y^ala namapratish//nta I mudritadhyakshasa;«yuta ra^a- yukta /ca. jasita II The Smr/tiX-andrika reads jastrita, ' governed by the science of law,' for ^asita, ' directed.' 4-10. Viram. pp. 41, 42. 278 B/2/HASPATI. 1,6. 6. The office of these ten (members) is separately declared for each. The chief judge decides causes ; the king inflicts punishments ; the judges investi- ofate the merits of the case. 7. The law furnishes the decree, whether victory or defeat ; gold and fire serve the purpose of ad- ministering ordeals ; water is required for persons suffering from thirst or hunger. 8. The accountant should compute the sum (in dispute) ; the scribe should record the proceedings ; the king's own officer should compel the attendance of the defendant, assessors, and witnesses. 9. And he should constantly keep both the plaintiff and defendant in custody, if they have given no sureties. Of these members (of a court of justice) the king is the head ; the chief judge is the mouth; 10. The judges are both arms ; the law is both hands ; the accountant and the scribe are the legs ; gold, fire, and water are the eyes and the heart ; and the king's own officer is the feet. 1 1. That judicial assembly is equal (in sanctity) to a sacrificial meeting in which there sit seven or five or three Brahmans, who are acquainted with the world, with (the contents of) the Veda, and with law. 12. In a controversy he examines the (plaint in) question and the answer ; he speaks gently at first 11. M. Macn. I, i, 11. 12. Viram. p. 37. If the reading be correct, a double etymology of the term pra^vivaka, ' a judge,' is propounded in this text : (i) he who asks or examines (pr/M/^ati) and afterwards decides (vadati) ; (2) he who speaks gently at first (prag vadati). There is another reading, pravadati for prag vadati, under which the former ety- mology is the only one propounded in this text. It is beyond doubt the true etymology. I, 19. CONSTITUTION OF A COURT OF JUSTICE. 279 (prag vadati). Therefore he is called PrartVIvaka (judge). 13. Men qualified by the performance of devo- tional acts, strictly veracious and virtuous, void of wrath and covetousness, and familiar with (legal) lore, should be appointed by the ruler as judges (or assessors of the court). 14. Two persons thoroughly familiar with grammar and vocabulary, skilled in (the art of) computation, honest, and acquainted with various modes of writ- ing, should be appointed by the king as accountant and scribe (respectively). 15. A veracious man, who pays obedience to the judges, should be appointed (by the king) as his own officer, to summon and to keep in custody the witnesses, plaintiff, and defendant. 16. The king should sit facing the east; the judges, facing the north ; the accountant, facing the west ; and the scribe, facing the south. I 7. The king should cause gold, fire, water, and codes of the sacred law to be placed in the midst of them, also (other) holy and auspicious things. 18. In the middle of his fortress, he should build a house, with water and trees adjacent to It, apart (from other buildings), and let him use as court of justice (a room situated) on the eastern side of it, properly constituted and facing the east, 19, Furnished with garlands and with a throne. 13. Apararka. sadhukarmakriyayukta// satyadharmaparaya«a/H akrodhalobhay^ sa.siragna/i sabhya,^ karya mahibhu_^a 11 14, 15. Viram. p. 42. 15, 16. May. p. 4 (Mandlik). 17. Smr/tiX'. hira;zyam agnini udaka;;^ dharma.yastrawi X'aiva hi I tanmadhye sthapayed r%a pu;/yani /'a hitani >^a 11 18, 19. Viram. p. 10. The epithet laksha«ya;/z, ' properly con- 28o B/J/HASPATI. I, 20. supplied with grain, (decorated) with jewels, adorned with statues, pictures, and images of deities, and (provided) with fire and water. 20. Let the king try causes, attended by three judges, after having entered the excellent judicial assembly, in a sitting or standing posture. 21. The king having risen early in the morning and performed ablutions according to rule, and having shown due honour to Gurus (persons entitled to respect), astronomers, physicians, deities, Brah- mans, and domestic priests, 22. And having saluted the Gurus and the rest, should enter the court-room, decorated with flowers, ornaments, and (fine) clothes, with a cheerful coun- tenance. 23. Having entered the judicial assembly in the forenoon, together with the seniors, ministers, and attendants, he should try causes and should listen to (the expositions of) the Pura/^as, codes of law, and rules of polity. 24. Let the king or a member of a twice-born caste officiating as chief judge try causes, acting on principles of equity, and abiding by the opinion of the judges, and by the doctrine of the sacred law. stituted,' means 'constructed according to the rules of architecture.' Viram. 20. Smr/ti^. ra^a karya«i sawpajyet sabhyair eva tribhir \riizh I sabha;?z eva pravi^yagryam asina/z sthita eva va II Nearly identical with Manu VIII, 10. 21, 22. Sm;7ti/('. pratar utthaya nr?'pati// jau/'aw krz'tva vidha- nata/i | guru;7 ^yotirvido vaidyan devan vipran purohitan 11 yathar- ham etan sa7«pu_^ya sapushpabharawambara^ I abhivadya /I'agurvadin sumukha/^ pravi^et sabham 11 23. May. p. 5. 24. Smr/ti/C'. ra^a karyawi sa^^pajyet prac/vivako^thava dvi^a^ I nyayaw^any agrata^ kr/tva sabhya^astramate sthita/^ II 1,30. CONSTITUTION OF A COURT OF JUSTICE. 28 1 25. For persons roaming the forest, a court should be held in the forest ; for warriors, in the camp ; and for merchants, in the caravan. 26. Cultivators, artizans (such as carpenters or others), artists, money-lenders, companies (of trades- men), dancers, persons wearing the token of a religious order (such as Pai"upatas), and robbers should adjust their disputes according to the rules of their own profession. 2*]. (The king) should cause the disputes of ascetics and of persons versed in sorcery and witch- craft to be settled by persons familiar with the three Vedas only, and not (decide them) himself, for fear of rousino- their resentment. 28. Relatives, companies (of artizans), assemblies (of co-habitants) and other persons duly authorized by the king, should decide lawsuits among men, ex- cepting causes concerning violent crimes (sahasa). 29. (Meetings of) kindred, companies (of artizans), assemblies (of co-habitants), and chief judges, are declared to be resorts for the passing of a sentence, to whom he whose cause has been previously tried may appeal in succession. 30. When a cause has not been (duly) investi- gated by (meetings of) kindred, it should be decided after due deliberation by companies (of artizans) ; when it has not been (duly) examined by companies (of artizans, it should be decided) by assemblies (of co-habitants) ; and when it has not been (sufficiently) made out by such assemblies, (it should be tried) by appointed (judges). 25. May. p. 4. 26, 27. Viram. p. 30. 28-32. Viram. p. 40. 282 B/?/HASPATI. T, 31. 31. Judges are superior in authority to (meetings of) kindred and the rest ; the chief judge is placed above them ; and the king is superior to all, because he passes just sentences. 32. The insight of princes surpasses by far the understandings (of other persons), in the decision of the highest, lowest, and middling controversies. 33. They who are ignorant of the customs of the country, unbelievers, despisers of the sacred books, insane, irate, avaricious, or troubled (by pain or illness) should not be consulted in the decision of a cause. 34. A Brahman is the root of the tree of justice ; the sovereign prince is its stem and branches ; the ministers are its leaves and blossoms ; just govern- ment is its fruit. 35. Renown and wealth are the sap of its fruit ; a dignified station, invincibility, esteem among men, and an eternal residence in paradise is enjoying its fruit. 36. Having recognised these advantages in (the pursuit of) justice, a king should be equitable towards litigants, and should pass a just sentence, discarding avarice and other (evil propensities). II. General Rules of Procedure. 1. This legal procedure is declared, how^ever, to be divided into a number of branches. Hear, now, 33. Smri'tik. de>faMranabhi^«a ye nastika/^ jastravar^ita;^ I unmattakruddhalubdharta na prash/avya vinir«aye II 34-36. Viram. p. 14. Read bhogo^tha grahapu^anam in 35; vivadinam I tyaktva lobhadika;;/ ra^a dharmya;;/ in 36. II, I, 2. Viram. p. 292. 11,7- GENERAL RULES OF PROCEDURE. 283 its various divisions which may become the causes of lawsuits. 2. I will proclaim in due order, according to truth, (the titles of law) beginning with the recovery of a debt and ending with (the title of) gambling with dice and betting on animals, as well as the sub- divisions of the titles of law. 3. When a master pays wages to the labourers hired by him, for the purpose of doing work; and the labourers do not work, a lawsuit will arise in con- sequence. 4. When any man Injures (another), or when he refuses to give what he ought to give : such are the two principal motives for going to law. Their sub- divisions are manifold. 5. Lawsuits are of two kinds, according as they originate In (demands regarding) wealth or in injuries. Lawsuits originating In wealth are (divided again) into fourteen sorts ; those originating in injuries are of four sorts. 6. Lending money at interest ; deposits (and treasure-trove) ; (the title) called invalid gifts ; con- cerns of a partnership ; non-payment of wages ; dis- obedience ; disputes concerning land ; sale without ownership ; 7. Revocation of sale and purchase ; breach of 3, 4. Smr/ti/^. pvayaM'/iek ^ed hhn'tim svami hhrilyanam karma kurvatam I na kurvanti ^a bhrzlya^- Aet tatra vadah pravartate II hmsa.7fi yo kurute ka^^'id deya?;? va na praya^/^>^ati I dve hi sihane vivadasya tayor bahutara gat\/i 11 5-9. Smn'tik. dvipado vyavahara^ syad dhanahiOTsasamud- bhava/z I dvisaptako^rthamulas tu hi7«samulaj ^^aturvidha;^ II kusida- nidhyadeyakhya?;z sa^/zbhuyotthanam eva /ca | bhr/iyadanam a^-u- jrusha bhuvado ^ svamivikraya/z II krayavikrayanujaya/z samayatikra- 284 Bi?7HASPATI. 11,8. agreements ; the law between wife and husband ; theft ; the law of inheritance ; and gambling with dice. 8. These are the fourteen titles of law that origi- nate in (demands regarding) wealth. There are again various subdivisions of them, owing to the diversity of lawsuits. 9. The two kinds of insult ; violence ; and criminal connexion with the wife of another man : these have been declared by Brzhaspati to be the four titles of law originating in injury. 10. Each of them embraces again several different kinds, according as they are of a superior, middling, or of the lowest description. Thus are those four subdivided each in its turn. 11. Those who understand the eighteen titles of law, as proclaimed in the law-books, to be at the root of all lawsuits, are intelligent men indeed. 12. No sentence should be passed merely accord- ine to the letter of the law. If a decision is arrived at without considering the circumstances of the case, violation of justice will be the result. 13. The issue of a lawsuit may convert a thief into an honest man, and an honourable man into an mas tatha I stripuz^^sayoga/^ steya;« -('a dayabhago^kshadevanam n evam arthasamutthani padani tu X-aturda^-a I punar eva prabhinnani kriyabhedad anekadha II parushye dve sahasa-y X'a parastrisawz- grahas tatha 1 hi;«sodbhavapadany evara ^atvary aha bn'haspati/^ 11 10, II, Sm;-/ti/-. hinamadhyottamatvena prabhinnani pr/thak p;7thak | vij^esha eshaw nirdish/aj X'atur;zam apy anukramat 11 padany ash/ada^aitani dharma^'astroditani tu I muhm sarvavivada- na/« ye vidus te parikshaka/z II 12-14. Viram. p. 18. See Narada I, i, 42, 71 (above, pp. 16, 23). For the story of INIawrt'avya, who was falsely charged with theft, see ibid. p. 16, note. 11,20. GENERAL RULES OF PROCEDURE. 285 offender. Ma//^avya acquired the reputation of a thief in consequence of a decision passed without considering- the circumstances of the case. 14. Dishonest men may seem honest, and honest men dishonest, so that wrong notions may be easily created ; therefore sentences should be passed after due consideration of the circumstances only. 15. By killing an aggressor, a man does not commit sin by any means. He who takes the life of one approaching with intent to murder him is no offender. 16. If one abused returns the abuse, or if one struck strikes again, and kills the assailant, such a man commits no oftence. 17. He who refrains from killing an aggressor who abuses him aloud, and is ready to murder him, (because the aggressor) is a virtuous man (otherwise) and practices regularly the recitation of the Veda, obtains the same reward as for performing a horse- sacrifice. 18. The judgment in a doubtful matter is declared to be of four sorts, according as it is based on moral law, or on the issue of the case, or on custom, or on an edict from the king. 19. Each of these has been declared to be twofold by the sages, owing to the diversity of legal affairs. 20. When the matter in dispute has been decided according to equity, after due deliberation, and 15. Viram. p. 24. 16. Raghunandana, p. 9. 17. Viram. p. 25. 18. Viram. p. 8. See Narada I, i, 11 (above, p. 7). 19-24. Viram. pp. 118, 119. I read, with Smr/ti/'., divyair va ■.s-odhita// in 21 ; pramawanij-X'ito in 22 ; and pramawarahita in 24. 20,21. The first kmd is '.vhen the truth has been duly ascer- 286 BTLTHASPATI. II, 2i. thoroughly examined by means of oaths (or ordeals), it should be known to be a judgment based on moral law. 21. When the defendant admits the accusation, or furnishes clear evidence of his innocence through performing an ordeal, it should be known to be another sort of a decision based on moral law. 22. A sentence founded on an examination of the evidence is termed (a decision based on) the issue of the case. When (the defendant) tells a lie, or makes no answer, it is also termed (a decision based on the issue of the case). 23. When a sentence is passed according to the inference (to be drawn from circumstantial evidence), it is termed (a decision based on) custom. When it is passed . according to local usages, it is termed another sort (of a decision based on custom) by the learned in law. 24. A decision based on an edict from the king is ordained, first, for those cases in which no evidence is forthcoming. When the law-books or the judges are at variance with one another, the second sort (of this species of decisions) is said to be applicable. 25. When a sentence is passed exclusively ac- cording to the letter of the law, it should be con- tained and a sentence passed accordingly. The second kind is when no examination of the facts takes place, the question being settled either through a confession on the part of the defendant, or through the performance of an ordeal. Smr/ti/tandrika. 22. The evidence here referred to can be human evidence only, i. e. the deposition of witnesses, documents, or possession, divine test being referred to in the two preceding texts. Smn'iik. 23. ' Inference,' such as when a man is caught with a firebrand in his hand. Smmi-^. See Narada 1, 18, 1 72-1 75 (above, pp. 85, 86). 25-27. Viram. pp. 120, 121. 11,32. GENERAL RULES OF PROCEDURE. 287 sidered as (a decision based on) the issue of the case. Moral law is overruled by it. 26. When a decision is passed in accordance with local custom, logic, or the opinion of the traders (living in that town), the issue of the case is over- ruled by it. 27. Where the king, disregarding established usage, passes a sentence (according to his own in- clination), it is (called) an edict from the king, and local custom is overruled by it. 28. The time-honoured institutions of each coun- try, 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 de- stroyed. 29. The maternal uncle's daughter is taken in marriage among the twice-born inhabitants of the South. In the central country (Madhyadei'a), 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 Kha-ra 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. ,2. Thus has legal procedure with its manifold ■•> ■ 28-31. Viram. p. 29; May. p. 5. I read purve for sarve in 30, with JNIayukha, Kalpataru, and other compilations. Baudhayana I, 2, 1-7- 32. SmnWk. evam Mnekadha prokto vyavaharo manishibhi-^ 1 tasya nirwayakrz'd ra^a brahma;zas ka. bahu^ruta;^ II 288 BiJ/HASPATI. 11,33. 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 over- aged, 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 per- forming a vow ; 2fj. 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. Ill, 2. THE PLAINT, 289 this world and becomes an associate of grreat Indra (after death). 39. He who effects a perfect cure, by the appH ca- tion of surgical instruments smeared with the oint- ment 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. In a 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 ac- cording to the dictates of law, obtains the same reward as for the performance of a sacrifice. HI, The Plaint. 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 svargati;;/ for sadgatiz?/, with SmriWk. 41, Raghunandana, p. 7. 42. Sm/7ti/('. lobhadveshadika;« tyaktva yah kuryat karyanir//a- yam l ^-aslroditena vidhina tasya ya^/7aphala;/z bhavet II III, I, 2. Viram. pp. 59, 60. [33] U 290 BRIHASPATl. Ill, 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. 4. Viram. p. 60. ' When Brahmans and others have entered the judicial assembly simultaneously, the four parts of a judicial proceed- ing 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 simidtaneous, 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. 29 1 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 con- trary (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. Smr/tiZ'. evamadi guwan samyag alokya Aa. sunijX'itam 1 pak- sha// kr/ta// samadeya^ pakshabhasas tv ato^nyatha II 9. Viram. p. 66. 10. Viram. p. 67. Regarding the titles of law, see Br/haspati, n, 5-9- 11. 12. Viram. p. 67. 13. Raghunandana, p. 11. U 2 292 Bi27HASPATI. Ill, 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 plaintifl" is at liberty to alter his declara- tion, 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. The Answer. I. 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, i. 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 bindinof 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. unmattamattanirdhula mahapatakadushita/z I ^a^/apa- viddhabalaj /('a vi^;7eyas te niruttara/z II Such persons should appoint an agent to deliver the answer in their place. Tod. 8. ^mriiik. prastutanyaw X-a madhyasthaw nyunadhikam asa?;?- gatam i avyapyasaraw sawdigdha/;/ pratipakshaw na lekhayet 11 294 B/27HASPATI. IV, g. 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. 9. 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. The 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 docu- ments or other proofs. 3. The plaintiff shall prove his declaration, and 9-1 1. Tod. tathye tathya?^ prayu^T^ita mithyayaz?z /?'api lekhayet i karawaOT kara«opete prag§-aye tu^aya»2 tatha 11 bhayadr/sh/odbhava mithya garhita j-astravedibhi// I satya sawpratipattis tu dharmya sa parikirtita II prahnyayakarawe tathyawz j-laghya//^ sadbhir udalir/'tam I viparitam adharmyara syat pratyarthi hanim apnuyat li 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 liti- eants 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. 9. 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 arrange- ment with one another, when the plaint and the 4. Viram. p. 99. 5. Viram. p. 102. 6, 7. Viram. p. 102. 8. Viram. p. 103. I read kr/tvopasthananuX-ayam 1 with Smrz'ti/('andrika. 9. Viram. p. 103. 10. Viram. p. 103. 296 B227HASPATI. V, ii. 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. 1 1 . 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) wit- nesses and judges, those litigants are clever who arrive at a mutual understanding while the uncer- tainty 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 re- nown 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// saw^taptayo/i in 11, with Smrzti-^andrika. 12. The translation follows the gloss of the Kalpataru, as quoted in the Viramitrodaya. The Ratnakara (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 arain divided into a number of branches by sages declaring the essence of thino^s. 18. Human evidence is threefold, as it consists of witnesses, wTitings, 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. 20. In the cases of a plea of former judgment and of a special plea, the defendant shall prove the con- tents of his answer ; but in the case of a denial, the plaintiff shall prove the contents of the plaint. VI. The Judgment. 1. He is said to have gained his cause in this world who has proved his claim, and has been honourably dismissed by the chief judge and the other judges, and received a document recording his victory. 2. Punishment corresponding to the nature of the offence shall be ordained there (In the decree). 17, 18. Viram. p. no. 19. Sm;7'ti>^. prathame va tr/tiye va prama«a;;^ daivamanushami uttare syU ^aturthe tu sasakshi ^ayapattrakam II An answer of the first kind is a denial ; an answer of the third kind is a confession ; an answ-er of the fourth kind is a plea of former judgment. 20. Smnti/^. prahnyaye pratyavaskande prat}-arthi sadhayet svakam l uttarartha;;^ prati^;7artham arthi mithyottare puna/^ I) VI, I. Raghunandana, p. 60. 2. Viram. p. 124. 298 BiJ/HASPATI. YI, 3. 3. Whatever has been transacted in a suit, the plaint, answer, and so forth, as well as the gist of the trial, should be noted completely in the document recording the success (of the claimant or defendant). 4. When the king gives the victorious party a document recording the plaint, answer, and trial, and closing with the sentence, it is called a document re- cording the success (of either party). 5. When a man does not feel satisfied with a decision passed by meetings of kindred or other (resorts for the redress of wrongs), the king should revise the decision declared by them, and institute a fresh trial, if it should prove unjust. 6. After havingf considered the matter in common with many Brahmans well versed in science, he should punish the wicked men, who were acting as judges in the former trial, together with the victorious party. 7. One appointed by his master to look after his expenses and to superintend (transactions regarding) tillage, loans, and trade, is called a manager. 8. Whatever has been transacted by him is valid, whether relating to receipt, non-receipt, expenses or income, and whether it may have been transacted at home or abroad. The master must not annul such transactions as these. 3, 4. Raghunandana, p. 60. I read purvottarakriyayukta?;? in 4. 5, 6. Viram. p. 123. 7, 8. Viram. p. 127. Read in 7, kr/shikusidavawi^-e. These two texts relate to the subject of valid and invalid transactions, which is generally discussed along with the rules of judicial procedure, and with the onus probandi and judgment in particular. They might also have been inserted in the chapter on Master and Servant. VII, 7- WITNESSES. 299 VII. Witnesses. 1. A subscribing witness, one caused to be written, a secret witness, one who has been reminded, a member of the family, a messenger, a spontaneous witness, an indirect witness, a stranger who has acci- dentally witnessed the deed, 2. The king, a chief judge, and the (people of the) villaofe : thus have the twelve kinds of witnesses been declared. I am going to declare precisely in order their respective characteristics. 3. He is called a subscribing witness who enters in a deed his own as well as his father's caste, name, and so forth, and his place of residence. 4. He is termed one caused to be written, who has been distinctly entered in the deed, together with the details of the agreement, by the plaintiff when writing a contract of loan or another (contract). 5. He is called a secret witness who is made to listen to the speeches of the debtor, standing con- cealed behind a wall, (and relates them) just as they were spoken, (when the debtor tries to deny them.) 6. He is called one reminded who, after having been appointed and invited to be present at a trans- action concerning a loan, deposit, purchase, or the like, is repeatedly reminded of it. 7. He is designed as a family witness who is appointed by both parties to witness a deed of par- tition, gift, or sale, being connected and on good VII, I, 2 a. May. p. 23. 2b-i5. Viram. pp. 144, 145. 3. I read ^atinamadi, with SmntiX-andrika. 6. I read krayadike, with Smr/tiX'andrika. )00 Bi?/HASPATI. VII, 8. terms with both parties, and acquainted with (the rules of) duty. 8. He is denominated a messenger who is a re- spectable man, esteemed and appointed by both parties, and has come near to listen to the speeches of the plaintiff and defendant. 9. He is a spontaneous witness who declares that he has witnessed the transaction, after having ap- proached the court of his own accord, while a cause is being heard. 10. That witness who communicates what he has heard to another man, at a time when he is about to go abroad, or lying on his deathbed, should be con- sidered as an indirect witness. 11. He also is called an indirect witness who re- peats, from his own hearing or from hearsay, the previous statements of actual witnesses. 12. He is called a secret witness to whom an affair has been entrusted or communicated by both parties, or who happens to witness the transaction. 13. The king in person having heard the speeches of plaintiff and defendant, may act as witness if both should quarrel with one another. 14. If after the decision of a suit a fresh trial should take place, the chief judge, together with the assessors, may act as a witness there, but not in any other case. 15. The (people of the) village may no doubt give testimony, even without a special appointment, as to what has been anywhere spoiled or damaged in the boundary line. II. The reading bhashatam in the Viramitrodaya is a misprint for bhashate. VTI, 22. WITNESSES. 3OI 16. There should be nuie, seven, five, four, or three witnesses; or two only, if they are learned Brahmans, are proper (to be examined) ; but let him never examine a single witness. 1 7. Of subscribing and secret witnesses, there should be two {of each sort) ; of spontaneous, re- minded, family witnesses, and indirect witnesses, there should be three, four, or five (of each sort). 18. A single witness even may furnish valid proof, if he is a messenger, an accountant, one who has ' accidentally witnessed the transaction, or a king, or chief judge. 19. (A witness) should be exhorted by judges acquainted with law, by speeches extolling veracity and denouncinof falsehood. 20. Whatever religious merit has been acquired by thee from the time of thy birth to the time of thy death, all that will be lost by thy telling a false- hood. 21. An iniquitous judge, a false witness, and the slayer of a Brahman are pronounced to be criminal in an equal degree ; nor is a killer of an embr30 or a destroyer of wealth considered as a greater sinner than they are. 22. Knowing this, a witness should give evidence according to truth. 16-18. May. p. 23. The 'accountant' is a species of 'messen- ger.' Viramitrodaya. Regarding the ' witness who has accidentally witnessed the transaction,' see VII, 12. 19-22. Tod. satyaprajaOTsavaX'anair anrz'tasyapavadanai// 1 sabh- yai/i sa bodhaniyas tu dharmajastrapravedibhi/; 11 a ^anmata^ X-a marawat sukr/taw yadupar^itam I tat sarvaw naj'am ayati anr/tasya- bhija??;sanat II ku/asabhya/? ku/asakshi brahmaha /^a sama// smrM/i 1 bhruwaha vittaha kaisha/n nadhika/z samudahr/ta>^ II evafu viditva tat sakshi yathabhuta/zi vadet tata// II 302 BRIHASTATl. VII, 23. 23. After putting off his shoes and his turban, he should stretch out his right hand, and declare the truth, after taking in his hands gold, cow-dung, or blades of sacred grass. 24. When witnesses summoned (in a suit) are faulty, the opponent may expose them. But a liti- gant trying to cast a blemish on faultless witnesses is liable to pay a fine to the same amount (as the property in dispute). 25. Whatever faults there may be in a document or in witnesses, they should be exposed at the time of the trial ; those cannot be used as valid objections which are declared afterwards. 26. 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 Smmis, 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 arlhi, for arthe, with Viram. 25. May. p. 26. 26. May. p. 27. 27. Smrni/i'. prash/avya-^ sakshi?20 ye tu vargyas kaxva. nara- dhama/z 1 tan aham kathayishyami sa?«prata^i jastra/^oditan 11 jrautasmartakriyayukta lobhadveshavivar^ita/^ I kulina-^ sakshi«o ^^nindyas tapodanadayanvita/z II 29. ]\Iay. 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 in- sane, 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) testi- mony; in every other case (the plaintiff) will not succeed with his claim. 2,3. When nothing less (than what has been de- clared 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 a conflict 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. 3 1 . Sm;7ti/('. ahuto yas tu nagaX'/{7zet sakshi rogavivaro-ita/^ I rinam dama;« ka. dapya/z syat tripakshat paratas tu sa/z 11 32. Smr/ti/'. yatriuesha// prati^/Hrtha/; sakshibhi// pralivamita/^ I sakshya?^ syad anyatha tu taw sadhyartha//; na samapnuyat 11 33. May. p. 29. 34. SmriWk. sakr/t pramadaparadhivipraOT vyapadi pi«^itam | sa/si- dibhir vadhyamanaw rakshed uktvan/Vtany api II 35. Tod. sakshidvaidhe prabhutas tu grahya// samye guwadhika// 1 gU7ndvaidhe kriyayuktas tatsamye smr/timattara/i II 304 B/J7HASPATI. VIII, I. the more virtuous ones ; when the virtuous (wit- nesses) 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 reofardincr the number of witnesses and their respective characteristics has been thus communicated to you ; now I will state in order the laws reirardinor documents. 2. Widiin a sixmonth's time even, doubts will arise among men (regarding a transaction). There- fore 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 pur- chase, of mortgage, of agreement, of bondage, of debt, and other (such deeds). The king's edicts are of three sorts. VII.T, I. Viram. p. 188. 2. 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 Fiihrer, Lehre von den Schriften in Brihaspati's Dharma^astra, 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 adi, 'and other (such deeds),' is ex- plained to denote deeds of purification, or of reconciliation, or regarding a boundary, or the rules of a corporation. VIII, 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 partition- deed. 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 mortofag-e-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. 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. Havinof oriven a tract of land or the like, the 5-1 1. 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 foil. 306 B/27HASPATI. VIII, 13. kinsf should cause a formal orrant 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 kings) 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 allot- ment of shares to the king's attendants, and so forth), 15. Conveying paradise on the giver and pre- server, 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 dona- tion), 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 Ka//^a branch of the Ya^oir-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. 22. A document executed by a madman, an idiot, an infant, one who has absconded through fear of the king, a bashful person, or one tormented by fear, is not Invalidated (by an impossibility to produce Its author). 23. (But, as a rule) a document executed by a dying person, an enemy, one oppressed with fear, a suffering person, a woman, one intoxicated, distressed by a calamity, at night, by fraud, or by force, does not hold good. 24. Where even a single v.'itness entered in a deed is infamous and reproached (by the public voice), or where its writer is held in such estimation, it is called a false document. 19. Smr/ti/?'., quoted by Burnell, Elements of South Indian Palaeography, p. 100. 20, 21. Viram. p. 197. 22. Viram. p. 198. The translation folloAvs the gloss in the Viramitrodaya. 23, 24. INIay. p. 20. X 2 ^o8 BK7HASPATI. VIIT, 25. 25. A writing being spoiled by fire, or executed a long- time aeo, or soiled with dirt, or intended for a very short period only, or containing (a number of) mutilated or effaced syllables, is reckoned as a false document. 26. Let a man show (a document) on every occa- sion to (meetings of) families, associations (of traders), assemblies (of cohabitants), and other (bodies of per- sons), and read it out to them, and remind them of it, in order to establish its validity. 2"]. The acquirer (of landed or other property) should establish the written title (under which he is holding it) ; his son should establish the fact of pos- session only. If (the father) has been impeached in a court of justice, the son also should be required to prove the written title. 28. When a loan (recorded in a bond) is not ex- pressly claimed from a debtor who has means enough (to discharge it) and is at hand, the bond loses its validity, as the debt is presumed to have been paid (in that case). 29. A writing which has neither been seen nor read out for thirty years, should not be recognised as valid, even though the (subscribing) witnesses be living. 30. When a man does not produce the bond and omits to ask his debtor (to restore the loan), after 25. Apararka and Smmi^-., quoted by Fiihrer, No. 29. 26. Viram. p. 200. 27. Viram. p. 199. 28-30. Apararka, quoted by Fiihrer, loc. cit., Nos. 33-35 ; Smr/ti/^. (' Katyayana ') ; Tod. In 28, 1 read .ruddharwasankaya, for juddhawi najahkaya, with Tb^/arananda. -50. The interest on a loan, accordins; to the Indian Law of Debt, ceases on its becoming equal to the principal. IX, 4- POSSESSION. 309 his loan has ceased to yield interest, the bond becomes suspected. 31. A document is certainly not overruled either by witnesses or by an oath (or ordeal), but its va- lidity is diminished by neglect, if it is neither shown nor read. IX. Possession. 1. This set of rules regarding witnesses and docu- ments has been propounded. The law concerning the acquisition of immovable property and posses- sion will be proclaimed next. 2. Immovable property may be acquired in seven different ways, viz. by learning, by purchase, by mortgaging, by valour, with a wife (as her dowry), by inheritance (from an ancestor), and by succession to the property of a kinsman who has no issue. 3. In the case of property acquired by one of these seven methods, viz. inheritance from a father (or other ancestor), acquisition (in the shape of a dowry), purchase, hypothecation, succession, valour, or learned knovv^ledge, possession coupled with a legitimate title constitutes proprietary right. 4. That possession which is hereditary, or founded on a royal order, or coupled with purchase, hypothe- cation or a legitimate title : possession of this kind constitutes proprietary right. 31. Smmi/^. and Apararka, quoted by Fuhrer, No. 38. IX, 1-7. Viram. pp. 203, 204. I. The Viramitrodaya argues that, although immovable property is principally referred to, the same law applies a fortiori to movable property. o lO Bie/HASPATI. IX, 5. 5. Immovable property obtained by a division (of the estate among co-heirs), or by purchase, or in- herited from a father (or other ancestor), or presented by the king, is acknowledged as one's lawful pro- perty ; it is lost by forbearance in the case of adverse possession. 6. He who is holding possession (of an estate) after having merely taken it, occupying it without meeting with resistance, becomes its legitimate owner thus ; and it is lost (to the owner) by such forbear- ance. 7. He whose possession has been continuous from the time of occupation, and has never been inter- rupted for a period of thirty years, cannot be deprived of such property. 8. That property which is publicly given by co- heirs or others to a stranger who is enjoying it, cannot be recovered afterwards by him (who is its legitimate owner). 9. He who does not raise a protest when a stranger is giving away (his) landed property in his sight, cannot again recover that estate, even though he be possessed of a written title to it. 10. Possession held by three generations produces ownership for strangers, no doubt, when they are related to one another in the degree of a Sapl;/^a ; it does not stand good in the case of Sakulyas. 1 1 . A house, field, commodity or other property having been held by another person than the owner, 5, 6. Col. Dig. V, 6, 384. 8, 9. Viram. p. 209. 10-12. Col. Dig. V, 7, 396. 10-14. Viram. p. 221. Sapiw^aship in this rule includes four generations; the term Sakulya is used to denote more remote relations. IX, I y. POSSESSION. 311 is not lost (to the owner) by mere force of posses- sion, if the possessor stands to him in the relation of a friend, relative, or kinsman. 12. Such wealth as is possessed by a son-in-law, a learned Brahman, or by the king or his ministers, does not become legitimate property for them after the lapse of a very long period even. 13. Forcible means must not be resorted to by the present occupant or his son, in maintaining possession of the property of an infant, or of a learned Brahman, or of that which has been legiti- mately inherited from a father, 14. Nor (in maintaining possession) of cattle, a woman, a slave, or other (property). This is a legal rule. 15. If a doubt should arise in regard to a house or field, of which its occupant has not held possession uninterruptedly, he should undertake to prove (his enjoyment of it) by means of documents, (the de- positions of) persons knowing him as possessor, and witnesses. 16. Those are witnesses in a contest of this kind who know the name, the boundary, the title (of acquisition), the quantity, the time, the quarter of the sky, and the reason why possession has been interrupted. 17. By such means should a question regarding occupation and possession be decided in a contest concerning landed property ; but in a cause in which 15-17. Viram. p. 222. 16. Read namagha/agama/;/. 'The title,' the cause of owner- ship, such as gift. ' The quantity,' of land. ' The quarter of the sky,' a description of the region in which a certain estate is situated. ' The time,' at which the estate was acquired. Tbc/arananda. B/27HASPATI. IX, i8. no (human) evidence is forthcoming, divine test should be resorted to. 1 8. When a village, field, or garden is referred to in one and the same grant, they are (considered to be) possessed of all of them, though possession be held of part of them only. (On the other hand) that title has no force which is not accompanied by a slight measure of possession even. 19. Not to possess landed property, not to show a document in the proper time, and not to remind witnesses (of their deposition) : this is the way to lose one's property. 20. Therefore evidence should be preserved care- fully ; if this be done, lawsuits whether relating to immovable or to movable property are sure to succeed. 21. Female slaves can never be acquired by pos- session, without a written title ; nor (does posses- sion create ownership) in the case of property be- longing to a king, or to a learned Brahman, or to an idiot, or infant. 22. It is not by mere force of possession that land becomes a man's property ; a legitimate title also having been proved, it is converted into property by both (possession and title), but not otherwise. 18. Viram. pp. 221, 222; Col. Dig. V, 6, 383. 19, 20. Tod. bhiimer abhuktir lekhyasya yathakalam adarxanam 1 asmara7/a/« sakshi;m;« ^a svarthahanikara/zi ^a 11 tasmad yatnena kartavya/;^ pramawaparipalanam i tena karyawi sidhyanti sthavarawi /^ara«i kz. \\ 21. Smmi^. na strmam upabhoga>^ syad vina lekhyaz?2 katha;?z- ^ana i ra^ajrotriyavitte kz. §^a^abaladhane talha 11 22. Sm/-/ti/^. bhuktikevalaya naiva bhumi;^ siddhim avapnuyat 1 agamenapi juddhena dvabhyaw; sidhyati nanyatha II IX, 28. POSSESSION. 31 23. Should even the father, grandfather, and great- grandfather of a man be ahve, land having been possessed by him for thirty years, without interven- tion of strangers, 24. It should be considered as possession extend- ing over one generation ; possession continued for twice that period (is called possession) extending over two generations ; possession continued for three times that period (is called possession) extending over three generations. (Possession continued) longer than that even, is (called) possession of long standing. 25. When the present occupant is impeached, a document or witness is (considered as) decisive. When he is no longer in existence, possession alone is decisive for his sons. 26. When possession extending over three genera- tions has descended to the fourth generation, it becomes legitimate possession, and a title must never be inquired for. 27. When possession undisturbed (by others) has been held by three generations (in succession), it is not necessary to produce a title ; possession is deci- sive in that case. 28. In suits regarding immovable property, (pos- 23,24. Smrni/-. pita pitamaho ya-sya givek ka. prapilamahn/M triw^at sama ya tu bhukta bhumir avyahata parai/; || bhukti// sa paurushi ^/7eya dvigu;/a ^'a dvipaurushi i tripaurushi X-a triguwa parata/; sya/^ /Jirantani n 25. Smr/tiX. yatrahartabhiyukta/z syal lekhya?;/ sakshi tada guru// 1 tadabhave tu putxafiam bhuktir eka gariyasi II 26. SmmiX:. bhuktis tripurushi ya X'a /■aturthe sampravartita I tad bhogasthirataz'^ yati na pr/XX'/^ed agamaw kvaXit II 27. Smr/tiX. anishedhena yad bhuktaw purushais tribhir eva tu I tatra naivagama/z karyo bhuktis tatra gariyasi II 28. Smritik. sthavareshu vivadeshu kramat tripurushi X'a ya 1 svatantraiva hi sa ^;7eya prama//a/« sadhyanir«aye II 314 Bi?7HASPATI. IX, 29. session) held by three generations in succession, should be considered as valid, and makes evidence in the decision of a cause. 29, He whose possession has passed through three lives, and is duly substantiated by a written title, cannot be deprived of it ; such possession is equal to the gift of the Veda. 30, He whose possession has passed through three lives and has been inherited from his ancestors, cannot be deprived of it, unless a previous grant should be in existence (in which the same property has been granted to a different person by the king). 31. That possession is valid in law which is unin- terrupted and of long standing ; interrupted posses- sion even is (recognised as valid), if it has been substantiated by an ancestor. 32. A witness prevails over inference ; a writing prevails over witnesses ; undisturbed possession which has passed through three lives prevails over both. T,^. When an event (forming the subject of a plaint) has occurred long ago, and no witnesses are forthcoming, he should examine indirect witnesses, or he should administer oaths, or should try artifice. 29. Smritik. yasya tripurusha bhukti^^ samyag lekhyasamanvita 1 eva/zzvidha brahmadeya hartuw tasya na jakyate 11 The ' gift of the Veda,' i. e. instruction is mentioned as an instance of an inalienable gift. 30. Smritik. yasya tripurusha bhukti/^ para;«paryakramagata I na sa X'dlayitu/// jakya purvaka^ X'/;asanad rite II 31. Smn'tik. bhukur balavati jastrdpy avi/^Minna Xirantani i vi/('X'//innapi hi sa gneya. ya tu purvaprasadhita li ' If it has been substantiated by an ancestor/ i. e. if a previous possessor has adduced a legitimate title. 32. Raghunandana, p. 49. 33. Viram. p. 223. X, S. ORDEALS, 3 I 5 X. Ordeals. 1. A forger of gems, pearl, or coral, one with- holding a deposit, a ruffian, and an adulterer, shall be tested by oaths or ordeals in every case. 2. In charges relating to a heavy crime or to the appropriation of a deposit, the king should try the cause by ordeals, even though there be witnesses. 3. When a thing has happened long ago or in secret, or when the witnesses have disappeared long ago, or are perjured all of them, the trial should be conducted by having recourse to an ordeal. 4. The balance, fire, water, poison, and, fifthly, sacred libation ; sixthly, grains of rice ; seventhly, a hot piece of gold, are declared (to be ordeals). 5. The ploughshare is mentioned as the eighth kind, the ordeal by Dharma (and Adharma) as the ninth. All these ordeals have been ordained by the Self-existent (Brahman). 6. Truth, a vehicle, weapons, cows, seeds, and gold, venerable gods or Brahmans, the heads of sons or wives : 7. By these have oaths been ordained, which are easy to perform and proper for trifling occasions. 8. When a quarrel between two litigants has arisen regarding a debt or other charge, that ordeal X, 1-3. Viram. p. 114. 4. M. Macn. X, i, 2 (uncertain); Viram. p. 225. 5. Viram. p. 225. For a description of the ordeal by Dharma and Adharma, see the laws of Pitamaha. 6. 7. Viram. p. 226. See Manu VIII, 114 ; Narada I, 19, 248 (above, p. 100). 8. Tod. r/«adishu tu kar}-eshu visa?;/vade parasparam I di\}aw sawkhyanvitaw deyaw purushapekshaya tatha II 3l6 Bi?7HASPATI. X, 9. must be administered which corresponds to the amount (of the sum in dispute) and to the (character or strength of the) individual (to be examined). 9. (The ordeal by) poison should be administered when (property worth) a thousand (Pa;^as) has been stolen ; (the ordeal by) fire, when a quarter less than that (or 750, has been stolen). 10. When the charge concerns four hundred, the hot piece of gold should be administered. (When it concerns) three hundred, the grains of rice should be given ; and the sacred libation, (when it concerns) half of that. 11. When a hundred has been stolen or falsely denied, purgation by Dharma should be administered. Thieves of cows should be subjected by preference to the (ordeal by the) ploughshare by the judges. 12. These figures are applicable in the case of low persons ; for persons of a middling kind, double is ordained ; and for persons of the highest rank, the amount has to be fixed four times as high by persons entrusted with judicial affairs. 13. The quantities (of various coins or weights), beginning with a floating particle of dust and ending with a Karshapa;m, have been declared by Manu. They are applicable both to ordeals and to fines. 14. A Nishka is four Suvar/ms. A Fana. of 9-12. Viram. p. 230. I read, mth Smmi/^., X'atu//satabhiyoge in 10, and sabhyaiy^ phalaw prayatnata/^ in 11. 11. Dharma, ' test of right and wrong,' is the ordeal which con- sists of drawing lots or slips of white and black paper, 12, 'Eminent persons/ through their birth, qualities, or virtue. The same interpretation applies to the two other terms. Viram. 13. Viram. p. 233. See Manu VIII, 1 31-138, 14, 15, Viram. p. 234. I read ^a.nd\ki for /(andrika in 11, with Viramitrodaya, X, 20. ORDEALS. 3 I 7 copper Is a Karshika (having" the weight of one Karsha). A coin made of a Karsha of copper has to be known as a Karshika Fana. 15. It is also called an Aiidika. Four such are a Dhanaka. Twelve of the latter are a Suvar;^a. That is also called a Dinara (denarius). 16. (The testimony of) witnesses is apt to become invalid, whether it be through affection, anger, or avarice. An ordeal properly administered never loses its validity. 17. When a doubt arises with regard to a docu- ment or oral evidence, and when ratiocination also fails, purgation through ordeal (is the proper test). 18. Let an ordeal be administered according to the established rule by persons acquainted with the rule of ordeals. If it is administered against the rule, it is ineffective as a means of proving what ought to be proved. 19. If one who has been subjected to the ordeal by balance goes down on being welg'hed (for the second time), he shall I5e held guilty. If he remains level, he shall be balanced once more. If he rises, he gains his cause. 20. Should the scale break, or the balance, or beam, or iron hooks split, or the strings burst, or the transverse beam split, he would have to be declared guilty. 15. Nearly identical with Narada, Appendix, 62 (p. 232). 16. Viram. p. 242. 17. Smr/ti/^. likhite sakshivade >^-a saz?zdeho yatra ^ayate I anu- mane X-a sawbhrante tatra daivaw vi^odhanam 11 18. Tod. yathoktavidhina deya^ divyaw divyavijaradai// 1 ayathok- tapradattaw tu na satyaw sadhyasadhane 11 19. Viram. p. 253. 20. Viram. p. 254. ^l8 B227HASPATI. X, 2r. O 21. (In the ordeal by water) he should immerse the individual in water and discharge three arrows. 2 2. He is acquitted (in the ordeal by poison) who has digested poison, which has been given to him according to rule, without the application of spells or antidotes. Otherwise he should be punished and compelled to pay the sum in dispute. 23. To whatsoever deity the accused happens to be devoted, let (the judge) bathe the weapon of that deity in water, and give him to drink three handfuls of it. 24. He to whom no calamity happens, w^ithin a week or a fortnight, (either to himself or) to his son, wife or property, is innocent beyond doubt. 25. Let a man chew grains of rice after having kept a fast and purified himself, at a time when the sun is not visible. He is acquitted if what he spits out is pure ; but if it be mixed with blood, he must be (held) guilty. 26. Let (the person) take a hot piece of gold out of (a mixture of) well-heated 'oil and butter. 27. He whose fingers' ends do not tremble, and who does not become blistered, is acquitted according to law, as has been declared by Pitamaha. 28. Iron twelve Palas in weio:;ht should be formed into what is called a ploughshare. It should be eight Arigulas long by four Aiigulas broad. 21. Viram. p. 271, 22. Viram. p. 276. 23. Viram. p. 280. 24. Viram. p. 281. 25. Viram. p. 282. The 7b^. (Iyer) VII, 41-43, &c. The arrangement of these texts varies in the several works. Sob, 82. D.I, 10; V, 3. XXV, 91- THE LAW OF INHERITANCE. 38; 85. The clothes, ornaments, bed, and the Hke, as well as the vehicle and the like, appertaining to the father, shall be given to the person who partakes of his funeral repast, after honouring him with fragrant drugs and flowers. 86. Such property, whether immovable or other, as has been given to women by their father-in-law, can never be taken away from them by the co-heirs. 87. Stridhana goes to the children, and the daughter if not betrothed has a share in it. If she is married, she shall receive an honorary trifle only. 88. The mother's sister, the wife of a maternal uncle, a paternal uncle's wife, a father's sister, a mother-in-law, and an elder brother's wife are de- clared to be equal to a mother. 89. If they have no legitimate son of the body, nor (other) son, nor daughter's son, nor their son, their sister's son, &c. shall inherit their property. 90. A heinous crime, (a claim regarding) immov- able property, a deposit, and a previous partition among co-heirs, have to be ascertained by cir- cumstantial evidence, in default of documents and witnesses. 91. A family feud, mutual malice, or the discovery of stolen goods, may be evidence of a heinous crime ; possession of the land may be proof of property ; and separate property is an argument of partition. 85. M. I, 4, 17 ; May. p. 70; V. p. 250. 86. V. p. 174; SmrniX'. XI, i, 44. 87. Col. Dig. V, 9, 487 ; D. IV, 2, 3 ; Viv. p. 267 ; V. p. 229. The two first works read, ' she does not take her mother's weahh ' for * she shall receive an honorary trifle only.' 88,89. CoLDig.V, 9, 513; D.VI,3,3i; May. p. 98; V. p. 243. 90-92. Col. Dig. V, 6, 389; D. XIV, 8. 90, 92. V. p. 261. 3^4 Bi27HASPATI. XXV, 92. 92. Those who keep their income, expenditure, and mortgages distinct, and engage in mutual trans- actions in money-lending and traffic, are undoubtedly separate. 93. Whether kinsmen are united or separate, they are all alike as regards immovable property, as no one of them has power in any case to give, mortgage, or sell it. 94. 95- Whatever share is enjoyed by each, must not be changed from him. If he should subsequently contest a distribution, which was made with his own consent, he shall be compelled by the king to content himself with his share, and shall be punished if he should persist in contention. 96. When the loan or mortgaging of joint property is concealed with a fraudulent purpose, the king shall recover it from the cheat by artifice, but not use violence to extort it from him, 97. Cheats, robbers of wealth, crafty and covetous men, shall be reclaimed by friendly expostulation, by the loss of their own property, or by stra- tagem. 98, Household utensils, beasts of burden and the like, milch cattle, ornaments, and workmen have to be divided on being discovered. When property is (supposed to be) hidden, proof by sacred libation is ordained. 92, May. p. 75; Viv. p. 313 ; Ratn. p. 608, 93, M. I, I, 30; May. p. 76; V. pp. 87, 158; D. II, 27 (' Vyasa '). For ' kinsmen ' some works read ' coparceners ' or ' co-heirs ' (dayada/z). The general meaning remains the same. 94, 95. Col. Dig. V, 6, 378 ; May. p. 76; V. pp. 258, 259. 96, 97. Col. Dig. V, 6, 379; Ratn, p. 526. 98. Smr/ti/^. (Iyer) VI, 11. XXVI, 3- GAMBLING AND BETTING. 385 99. When there are many uterine brothers sprung from one (father), and a son is born even to one of them only, they all are declared to have male off- spring (through that son). TOO. The same rule is declared for a plurality of Avives of one (husband) ; if one of them has male issue, that (son) shall present the funeral ball of meal to them all. loi. (For one leaving no male issue), a brother, or brother's son, or a Sapi/^rt'a, or a pupil, should first perform the ceremony of uniting him with the Sapi/^^^as (to be worshipped at a ^raddha offering), and then offer him the funeral ceremonies customary on joyful occasions. XXVI. Gambling and Betting. 1. Gambling has been prohibited by Manu, be- cause it destroys truth, honesty, and wealth. It has been permitted by other (legislators) when con- ducted so as to allow the king a share (of every stake). 2. It shall take place under the superintendence of keepers of gaming-houses, as it serves the pur- pose of discovering thieves. The same rule has to be observed in bets on prize-fights with animals. 3. When birds, rams, deer or other (animals) are caused to fight against one another, after a wager has been laid, it is called betting on animals (sama- hvaya). 99, 100. Rain. p. 583; Varadara^a, p. 27. loi. Ratn. p. 600; Col. Dig. V, 8, 454. XXVI, 1,2. Viv.p. 318; Viram. pp. 721,722. See Manu IX, 224. 3. Viv. p. 317; RaUi. p. 610. [33] c c ^86 Bi?7HASPATI. XX VT, 4. 4. When any one is defeated in a prize-fight between two animals, the wager which has been laid shall be paid by the owner of the (defeated) animal. 5. A wager (or game) shall be made in public ; false gamblers shall be banished. 6. When there is a point at issue between the two parties (in a game or wager, other) gamblers shall examine (and decide) the matter ; if they are enemies (of either party), the king shall decide the dispute. 7. One defeated in a secret game ; or ignorant of the rules ; or (defeated) by the use of false dice, or by deceit, though acquainted with the game, shall be released ; and one who has lost his entire wealth in a game shall not be compelled to give the whole of it. 8. The keeper of the gaming-house shall receive the stakes and pay the victorious gambler and the king ; he shall also act as witness in a dispute, assisted by three other gamblers. 9. Those wicked men who use false dice in a game, or rob the king of his due, or cheat by making false computations, are declared to be gamblers de- serving punishment. XXVII. Miscellaneous (Prakir;/aka). I. This (aggregate of rules concerning) lawsuits instituted by litigants has been briefly declared ; I will declare (next the law concerning) Miscellaneous Causes instituted by the king (in person). 4, 5. Viv. p. 318; Viram. p. 720. 6. Viram. p. 720. 7-9. Ratn. pp. 614-617. XXVII, I. Viram. p. 722 ; Ratn. p. 621. XXVII, 7- MISCELLANEOUS. 387 2. In the case of a conflict between two Sm7^2tis (texts of law), equity should be resorted to ; when the law-books are inapplicable, that course should be followed which is indicated by a consideration of the circumstances of the case. 3. (However) the first rank (among legislators) belongs to Manu, because he has embodied the essence of the Veda in his work ; that Smrzti (or text of law) which is opposed to the tenor of the laws of Manu is not approved. 4. When he has discovered a man to be an offender, (the king) should inflict (one of the va- rious sorts of punishment) on him, (gentle) admo- nition, (harsh) reproof or corporal chastisement, or one of the four gradations of fines. 5. (Let him inflict) a (gentle) admonition, when the offence is very light ; (harsh) reproof, for a crime in the first degree ; a fine, for a crime in the (second or) middlemost degree ; and arrest, in the case of high-treason. 6. Banishment also may be resorted to by (a king) desirous of promoting his own welfare in order to meet opposition, and all (the various) sorts (of punishment) should be united in the case of one who has committed a mortal sin. 7. (The king) should punish elders, domestic priests, and persons commanding respect, with (gentle) admonition only ; other litigants he should amerce in a fine, when they are found to be guilty; 2. Viram. p. 119. 3. Col. Dig. V, 5, 333. vedarthopanibaddhatvat pradhanyaw lu manoA^ smr/tam 1 manvarthaviparita yd na sa smriuk pra-rasyate li 4-7. Ratn. p. 629. C C 2 3^8 B/J/HASPATI. XXVIT, 8. and on the perpetrators of a heavy crime he should inflict corporal punishment. 8. (Gentle) admonition and (harsh) reproof are declared to be the privilege of the Brahman (appointed as chief judge) ; but both fines and corporal punishment may be inflicted by the king only. 9. Both hands, both feet, the male organ, the eye, the tongue, both ears, the nose, the neck, one half of the feet, the thumb and index, the forehead, the lips, the hindpart, and the hips : 10. These fourteen places of punishment have been indicated. For a Brahman, branding him on the forehead is ordained as the only kind of punish- ment. 1 1. A Brahman, though a mortal sinner, shall not suffer capital punishment; the king shall banish him, and cause him to be branded and shaved. 12. That man who deserves capital punishment shall be compelled to pay one hundred Suvar;zas ; one deserving to have a limb cut off, half as much ; and one deserving to have the thumb and index (cut off), half of that. 1 3. The eighteen titles of law have been ex- plained, together with the particulars of plaint and answer. Learn now (the law regarding) the relative validity of transactions. 14. That transaction which has been prior in time (to another) shall be upheld. If it is departed from, that is (called) an alteration of a transaction. 15. If a creditor or debtor revokes a previous 8. Ratn. p. 630. 9, 10. Ratn. p. 631. 11. Ratn. p. 634. 12. Ratn. p. 656. 13-18. Ratn. pp. 618-620. XXVII, 21. MISCELLANEOUS. 389 agreement and makes another contract of the same description, (in which a) greater or less (amount is stated), it is termed an akeration of a transaction. 16. When (a debtor) having received a loan at the rate of two per cent, (in the month) promises to pay five per cent., that subsequent agreement is valid. I 7. Between two successive transactions, the first is (rendered) void (by the second) ; a subsequent agreement prevails over the one preceding it in time. 18. When a man first makes a deposit and con- verts it into a pledge afterwards, after receiving money (for it), or sells it, the second transaction prevails over the first. [19. Forbidden practices are found among the Southerners in the present day, (such as) matches with a maternal uncle's daughter, in spite of the prohibited degree of relationship on the mother's side (causing such unions to be illegal). 20. The highly reprehensible custom of a brother livine with his deceased brother's wife, and the de- livery of a marriageable damsel to a family is found in other countries. 21. What is more, matches with a mother occur amono- the Parasikas. The inhabitants of some countries do not allow the presentation of fresh gifts (of food) at a ^'raddha offering to those Brahmans who have been fed at a ^'raddha held on the eleventh 19-24. These texts will be published elsewhere. They have been taken from the Sa7«skara Kawa'a of the Smnti/^andrika, where they are quoted from an uncertain author. 20 has been printed, as a text of B;7'haspati, in Professor Biihler's U^^vala, p. loi. The term ' Parasikas ' denotes the Persians, or perhaps the Parsis of India. 390 b;?7Haspati. XXVII, 22-26. day (after the decease of a person) or at some other ^raddha. 22. Others, after lending grain, take twice as much back in the autumn season and occupy the embanked land, after having received twice the amount lent, 23. Though the principal has been repaid. This is reprehensible also. Such forbidden practices (the king) should check (when they are resorted to) through folly. 24. Such customs as are not opposed to the laws of particular countries and castes or other (corpora- tions), every king should establish in accordance with the sacred law, after consulting the law-books.] 25. Thus let the king every day examine, in common with learned Brahmans, both the suits proffered by litigants and those instituted by the king (himself). 26. When the safety of many may be effected by destroying a single offender, his execution is produc- tive of religious merit (even). 25. Ratn. p. 618. 26. Smrmk. ekasmin yatra nidhana/// prapite dush/a>^ari;;i i ba- hunaw bhavati kshemas tasya pu«yaprado vadha/z ii ADDENDA. P. 231, Appendix v. 56. This difficult text, together with an additional text, is quoted in a somewhat dififerent, but equally faulty form, in the recently published last fasciculus of the Vivadaratnakara in the Bibliotheca Indica. I propose to render the two texts as follows : ' Fines beginning with a Karshapawa may amount to four Karshapawas at most (in heavy cases) ; there are others beginning with two and rising to eight, or beginning with three and rising to twelve Karshapawas. All those (fines) which have been declared to begin wdth one Karshapa«a may be raised to the fourfold amount ; the same rule applies to the other fines as well, excepting the highest fine (which consists of 2500 Pa/zas).' P. 369, after v. 14, add ' 15. A wife should be honoured by her husband with (presents of) clothes, ornaments, and food ; and at a festival (she should receive similar presents) from her father and brothers, her parents-in-law, and other relations.' P. 369, after note on vv. 12-14, add 15. Sm;7li^'. bhartra patni samabhyariya vastralawkarabho^anai// | utsave tu pil/7'bhrat/7,yva- j'uradyaij kd. bandhubhi/i II TRANSLITERATION OF ORIENTAL ALPHABETS. 393 4J .5 u • • • '^ ;5 ' " • w ... -G ... Hebrew. n n '^ «-5 n. • n % c ^ c • . ! ! .' ! » • • • • • • o 2 < • • • « • • • • • • " - kJoJ-l) '- \d ' w-^ ' '> V u ^ q «10vJ ' ^ ;; ^;^;; T3 C a; N o^^3 a^foj i 3 5" 2/ • « • • • ♦ * : : ^ : =J : : • « » • * If ^ i;: fy • K> nv • '• p ic rr R^ iy h w a < < < 2 O t/1 » • • « < . • 'be •a • • • « 05 H < O in O E c3 » ' CO • 11 : m 3 • : : : § ■^.2 3 2 ^ O illl ?! t: "^ t; '^ Ho ^ Pi -s P 5 - »■ -^ -t-i C 05 o '-' CM e^ r-H r-H I— ( »~" 1 ST " "a IS 1— t f— • « *> • I— 1 Krt [33] Dd 394 TRANSLITERATION OF ORIENTAL ALPHABETS • . • • . • X a. c >a * M -tJ • • • • C — < CO • N mO 3 (J • • • • • • «o t . ^ • • J2 #* • • e q • r r * *-| J-^ 9 Q #— tA X • • • • 1 ^. b • « D 1 • o D-D b ->'b < • • c 1 'D: '■/h *•> D ■0 •o • o D-O ? • *■ ^ ^ J Z • ^ ••> — > *^ ? • ^ ^ 5i •> . • B. • C^ " ' •d init. «-) N _ • • • N SxJ ^ -S 8- ^ <^ U '-5 "•Si cc ti • •-<» • c^ < z ^" o i/i ui • r; >» ->j ^ -4-i ■^ ^ ^ • c -^ EC fr 9 crj n • • • • • 2 3 , , , :§ • • • T-H (M •^ 3 • irH CJ CO to in H Z <: z c 0" z c 1 ■1 p , 03 CO 83 1 "tn w e8 'S 1— H DO o a o e3 CO ■2 (73 • CO 03 .2 . '3 02 s .2 'o g 1— ( CO 03 a. CO 03 a 'i : i 'S-r -1 n 3 .§ ST 03 1. o D9 eS c3 OS C3 o CQ o > CO ff a 5^ § •» •* J. 3 1 '' a 'u #\ *» •v '5 C - ^ ^ ^ *» r. 'o "s 'S •s C/3 m" • • : ^- : : <- . J *> 3- : ^' : : t_ . 1 - , • • OS :? . 5) :ii . N> . 5) ^ : :8- -a :-] : -^ ?c3 »o ro jw hs ^ "^ • • Cr tr t? tr » . nr '. ■ • P^-P B? [:i [ • • • • • • • • • • • • *• ■:« -« ^ s • s. • • • • • • • • . . . g • • • s • • • s -« O S^ M O -t-s P c3 bO •;1 o3 ^ Si to N o. -5 -^ :§ o «3 r5 03 CO to o O C6 CO on o r— ' •i -^ ^q e8 s & I - 03 C rt -f-* C3 Ut to «3 a ?? .2 tf " . =s C5 C So 00050'— lOlfOTtHiraCDt^ CO ' CO ^ ^ ^ ^ ^ ^ ^ ^ M r-» r rs OJ H <^* « .2 a CO c rt w CC050'— i(Mco'*iinco»-»oocs 396 TRANSLITERATION OF ORIENTAL ALPHABETS. Chinese. )rt • eS '|??'fi>|«5 itv^tv ^ '. •^'^ *• • • o < a a. .J •< >• < z O CO s r ^ rt U •••••••••• •♦•••• ■ ••••••••••••••••••••• • , u )— 1 :s«^ 's'.'^-2-.,^§.-.. 1^ 5 O xu 30 03 "o c •4- . a- . c : c 3 t -4 ).- ■1 (T * • • * • • * • • : « .2 c: i 1 : s 3 3 3 O ■ E 2 ec m 03 I 2 o3 .2 c3 •> ?c 2 « c > tj: .3J c > S ■^ '-i .2 aj .^ Is Q J J 00 C5 O —' -M fO to • • -2 • • '-i 1 1 1 -^ . i i 1 . . • =; o 3 ?J c 3 ?- . c -V . c .2 <: 3 .S^ 3 3 1-2 o Q o Q 6 a . . « • c ; =^ -7 : «! o 8 ;^ t. 1 ; cd 3 .— . -^ as 3 ►J O Sacred Books of the East TRANSLATED P.Y VARIOUS ORIENTAL SCHOLARS AND EDITED BY F. MAX MULLER \* This Series is published with the sanction and co-operation of the Secretary of State for India in Council. KEFORT presented to the ACA.DEMIE DBS INSCRIPTIONS, May 11, 1883, by M. ERNEST RENAN. une seconde, dont I'interet historique et religieux ne sera pas moindre. M. Max Miiller a su se procurer la collaboration des savans les plus eminens d' Europe et ' M. Renan presente trois nouveaux volumes de la grande collection des " Livres sacres de I'Orient " (Sacred Books of the East), que dirige a Oxford, avec une si vaste erudition et une critique si siire, le savant associe de I'Academie des Inscriptions, M. Max Miiller. ... La premiere serie de ce beau recueil, com- posee de 24 volumes, est presque achevee. M. Max Miiller se propose d"en publier EXTRACT from the QUARTERLY REVIEW. d'Asie. L'Universite d'Oxford, que cette grande publication honore au plus haut degre, doit tenir a continuer dans les plus larges proportions une oeuvre aussi philo- sophiquement concue que savamment executee.' 'We rejoice to notice that a second series of these translations has been an- nounced and has actually begun to appear. The stones, at least, out of which a stately edifice may hereafter arise, are here being brought together. Prof. Max Miiller has deserved well of scientific history. Not a few minds owe to his enticing words their first attraction to this branch of great edition of the Rig- Veda, can com- pare in importance or in usefulness with this English translation of the Sacred Books of the East, which has been devised by his foresight, successfully brought so far by his persuasive and organising power, and will, we trust, by the assist- ance of the distinguished scholars he has gathered round him, be carried in due time to a happy completion.' study. But no work of his, not even the Professor E. HARDY, Inaugural Lecture in the University of Freiburg-, 1887. ' Die allo-emeine vergleichende Reli- internationalen Orientalistencongress in gionswissenschaft datirt von jenem gross- artigen, in seiner Art einzig dastehenden Untemehmen, zu welchem auf Anregung Max Miillers im Jahre 1874 auf dem London der Grundstein gelegt worden war, die tjbersetzung der heiligen Biicher des Ostens' {the Sacred Books of the East). Oxford AT THE CLARENDON PRESS LONDON : HENRY FROWDE OXFORD UNIVERSITY PRESS \VAREHOUSE, AMEN CORNER, E.C. SACRED BOOKS OF THE EAST. FIRST SERIES. Vol. I. The Upanishads. Translated by F. Max INIuller. Part I. The A'Mndogya- upanishad, The Talavakara-upanishad, The Aitareya-arawyaka, The Kaushitaki-brahma«a-upanishad, and The Va^asaneyi- sa7;/hita-upanishad. 8vo., cloth, los. 6d. The Upanishads contain the philosophy of the Veda. They have become the foundation of the later Veddtita doctrines, and indirectly of Buddhism, Schopenhauer, speaking of the Upanishads, says : ' In the whole world there is no study so beneficial and so elevating as that of the Upanishads . It has bce?i the solace of my life, it will be the solace of my death.' [See also Vol. XV.] Vol. II. The Sacred Laws of the Aryas, A As taught in the Schools of Apastamba, Gautama, VasishMa, and Baudhayana. Translated by Georg Buhler. Part I. Apastamba and Gautama. 8vo., cloth, los. 6d. The Sacred Laws of the Aryas contain the original treatises on which the Laivs of Manu and other lawgivers were founded. [See also Vol. XIV.] VOL. III. The Sacred Books of China. The Texts of Confucianism. Translated by James Legge. Part I. The Shu King, The Religious Portions of the Shih King, and The Hsiao King. 8vo., cloth, \2s. dd. Confucius was a collector of ancient traditions, not the founder of a new religion. As he lived in the sixth and fifth centuries B. C. his works are of unique interest for the study of Ethology. [See also Vols. XVI, XXVII, and XXVIII.] Vol. IV. The Zend-Avesta. Translated by James Darmesteter. Part I. The Vendidad. 8vo., cloth, \os. 6d. The Zend-Avesta contaijis the relics of what was the religioji of Cyrus, Darius, and Xerxes, a?td, but for the battle of Marathon, EDITED BY F. MAX MULLER. 3 7night have become the religion of Europe. It forms to the presmt day the sacred booJi of the Par sis, the so-called fire-worshippers. Tivo more volumes will complete the tra?islatioft of all that is hft us of Zoroaster s religio7i. [See also Vols. XXIII and XXXI.] Vol. v. Pahlavi Texts. Translated by E. W. West. Part I. The Bundahi^, Bahman Yajt, and Shayast la-shayast. 8vo,, cloth, 1 2^-. dd. The Pahlavi Texts comprise the theological literature of the revival of Zoroaster's religion, beginning with the Sassanian dynasty. They are important for a study of Gnosticism. VOLS. VI AND IX. The Our an. Parts I and II. Translated by E. H, Palmer. 8vo., cloth, 21 j. This trafislation, carried out according to his own peculiar views of the origin of the Qur'dn, was the last great work ofE. H. Palmer^ before he was murdered in Egypt. Vol. VII. The Institutes of Vish;^u. Translated by Julius Jolly. 8vo., cloth, \os. 6d. A collection of legal aphorisms, closely connected ivith one of the oldest Vedic schools, the Ka//;as, but considerably added to in later tirne. Of importance for a critical study of the Laivs of Manu. Vol. VIII. The Bhagavadgita, with The Sanatsu^atiya, and The Anugita. Translated by Kashinath Trimbak Telang. Svc, cloth, \Qs. 6d. The earliest philosophical and religious poem of J fid ia. It has been paraphrased in Arnohrs 'Song Celestial.' VOL. X. The Dhammapada, Translated from Pali by F. Max Muller; and The Sutta-Nipata, Translated from Pah by V. Fausboll ; being Canonical Books of the Buddhists. 8vo., cloth, los. 6d. The Dhammapada contains the quintessence of Buddhist morality The Sutta-Nipdta gives the authentic teaching of Buddha on some of the fundamental principles of religion. SACRED BOOKS OF THE EAST : VOL. XI. Buddhist Suttas. Translated from Pali by T. W. Rhys Davids, i. The Maha- parinibbana Suttanta ; 2. The Dhanima-/^akka-ppavattana Sutta. 3. The Tevi^^a Suttanta; 4. The Akahkheyya Sutta; 5. The Aetokhila Sutta; 6. The Maha-sudassana Suttanta; 7. The Sabbasava Sutta. 8vo., cloth, \os. 6d. A colleclion of the most important religions, moral, a7id philosophical discourses taken from the sacred canon of the Buddhists. Vol. XII, The KS'atapatha-Brahma;2a, according to the Text of the Madhyandina School. Translated by Julius Eggeling. Part I. Books I and II. 8vo., cloth, 12^. 6d. A minute account of the sacrificial ceremonies of the Vedic age. It contains the earliest account of the Deluge in India. [See also Vol. XXVI.] Vol. XIII. Vinaya Texts. Translated from the Pali by T. W. Rhys Davids and Hermann Oldenberg. Part I, The Patimokkha. The IMahavagga, I-IV. 8vo., cloth, los. 6d. The Vinaya Texts give for the first time a translation of the tnoral code of the Buddhist religion as settled in the third century B.C. [See also Vols. XVII and XX.] Vol. XIV. The Sacred Laws of the Aryas, A. As taught in the Schools of Apastamba, Gautama, VasishMa, and Baudhayana. Translated by Georg Buhler. Part II. Vasish//;a and Baudhayana. Bvo., cloth, \os. 6d. Vol. XV. The Upanishads. Translated by F. Max IMuLLER. Part II. The Ka//za-upanishad, The Wuwfl'aka-upanishad, The Taittiriyaka-upanishad, The B;7'hadara7/yaka-upanishad, The ^Svetajvatara-upanishad, The Praj;7a-upanishad, and The Maitrayawa-brahmawa-upanishad. Bvo., cloth, 1 05". 6d. Vol. XVI. The Sacred Books of China. The Texts of Confucianism. Translated by James Legge. Part II. The Yi King. 8vo., cloth, loj. 6^^. Vol. XVII. Vinaya Texts. Translated from the Pali by T. W. Rhys Davids and Hermann Oldenberg. Part II. The Mahavagga, V-X. The A!ullavagga, I-III. Svo., cloth, los. (>d. EDITED BY F. MAX MULLER. Vol. XVIII, Pahlavi Texts. Translated by E. W. West. Part II. The Da(/istan-i Dinik and The Epistles of Manuj/C-ihar. 8vo., cloth, \2s. 6d. VOL. XIX. The Fo-sho-hing-tsan-king. A Life of Buddha by Ajvaghosha Bodhisattva, translated from Sanskrit into Chinese by Dharmaraksha, a.d. 420, and from Chinese into English by Samuel Beal. 8vo., cloth, los. 6d. This life of Buddha was translated from Sanskrit into Chifiese, A.D. 420. // contains many legends, some of which show a certain similarity to the Evangelium infantiae, etc. Vol. XX. Vinaya Texts. Translated from the Pali by T. W. Rhys Davids and Hermann Oldenberg. Part III. The A'ullavagga, IV-XII. 8vo., cloth, 10s. 6d. VOL. XXI. The Saddharma-pu;^^arika ; or, The Lotus of the True Law. Translated by H. Kern. 8vo., cloth, 1 2s. 6d. ' The Lotus of the true Laiv' a canojiical book of the Northern Buddhists, translated from Sanskrit. There is a Chinese transla- tion of this hook ivhich was finished as early as the year 286 A.D. Vol. XXII. Cahia-Sutras. Translated from Prakrit by Hermann Jacobi. Part I. The A/Jaranga-Sutra and The Kalpa-Sutra. 8vo., cloth, io.r.6^. The religion of the G^ainas was founded by a contemporary of Buddha. It still counts numerous adherents in Lidia, while there are no Buddhists left in India proper. VOL. XXIII. The Zend-Avesta. Translated by James Darmesteter. Part II. The Sirozahs, Ya.yts, and Nyayij. 8vo., cloth, 10s. 6d. VOL. XXIV. Pahlavi Texts. Translated by E. W. West. Part III. Dina-i I\Iain6g-i Khira^, 5ikand-gumanik Vi^o-ar, and Sad Dar. 8vo., cloth, 10.9. (>d. SACRED BOOKS OF THE EAST. SECOND SERIES. Vol. XXV. Mann. Translated by Georg Buhler. 8vo., cloth, 2\s. This translation is founded on that of Sir AVilliam Jones, which has been carefully revised and corrected with the help of seven native Commentaries. An Appendix contains all the quotations from Manu which are found in the Hindu Law-books, translated for the use of the Law Courts in India. Another Appendix gives a synopsis of parallel passages from the six Dharma-siitras, the other Sm;7tis, the Upanishads, the Mahabharata, etc. Vol. XXVI. The 6'atapatha-Brahma;^a. Translated by Julius Eggeling. Part II. Books III and IV. 8vo., cloth, 1 2S. 6d, Vols. XXVII and XXVIII. The Sacred Books of China. The Texts of Confucianism. Translated by James Legge. Parts III and IV. The Li Ki, or Collection of Treatises on the Rules of Propriety, or Ceremonial Usages. 8vo., cloth, 12^. 6d. each. Vol. XXIX. The Gr/hya- Sutras, Rules of Vedic Domestic Ceremonies. A Part I. ^ahkhayana, Ajvalayana, Paraskara, Khadira. Trans- lated by Hermann Oldenberg. 8vo., cloth, 1 2s. 6d. These rules of Domestic Ceremonies describe the home life of the ancient Aryas with a completeness and accuracy unmatched in any other literature. Some of these rules have been incorporated in the ancient Law-books. VOL. XXX. The Grzhya-Sutras. Part II. [In the Press^ Vol. XXXI. The Zend-Avesta. Part III. The Yasna, Visparad, Afrinagan, Gahs, and Miscellaneous Fragments. Translated by L. H. Mills. 8vo. cloth, i2s. 6d. Vol. XXXII. Vedic Hymns. Translated by F. Max IMuller. Part I. [/« ihe Press^ Vol. XXXIII. The Minor Law-books. Translated by Julius Jolly. Part I. Narada, Br/haspati. 8vo. cloth, I OS. ()d. RECENT ORIENTAL WORKS. Vol. XXXIV. The Vedanta - Sutras, with 6'ankara's Commentary. Translated by G. Thibaut. \^Immediaiely?\ Vol. XXXV. Mihnda. Translated by T. W. Rhys Davids. \In the Press^ VOL. XXXIX. The Sacred Books of China. T;lo Teh King. Translated by James Legge. \In the Press'.\ Vol. XL. The Contents of the Nasks, as stated in the Eighth and Ninth Books of the Dinka/W. Translated by E. W. West. *:<<* The Second Series will consist of Twenty-foui' Volumes in all. SOME ORIENTAL WORKS RECENTLY PUBLISHED BY THE CLARENDOIT PEESS. A Catalogue of the Chinese Translation of the Bud- dhist Tripi^'aka, the Sacred Canon of the Buddhists in China and Japan. Compiled by order of the Secretary of State for India by BuNYiu Nanjio, Priest of the Temple, Eastern Hongwansi, Japan; Member of the Royal Asiatic Society. 4to., 32J. dd, 'An immense service rendered to Oriental scholarship.' — Saturday Review. Record of Buddhistic Kingdoms ; being an Account by the Chinese INIonk Fa-hien of his Travels in India and Ceylon (a.d. 399-414) in search of the Buddhist Books of Discipline. Translated and annotated, with a Corean recension of the Chinese Text, by James Legge, ]\I.A., LL.D. Crown 4to., boards, icy. 6(/. Catalogue of the Hebrew Manuscripts in the Bodleian Library and in the College Libraries of Oxford. Compiled by Ad. Neubauer, M.A. With 40 Facsimiles. cloth, 5/. 5^. Also separately : The Catalogue. 3/. 13.^. 6d. The Facsimiles. 2/. 12^-. 6^. 8 RECENT ORIENTAL WORKS. Slncrtrota ©xonicnsia. ARYAN SERIES. Buddhist Texts froin Japan. I. Va^ra>('/('//edika ; The Dia niond- Cu iter. Edited by F. Max Muller, M.A. Small 4to., 3^. dd. One of the most famous metaphysical treatises of the Mahayana Buddhists. Buddhist Texts from Japan. II. Sukhavati-Vyuha : Description of Sukhdvati, the Land of Bliss. Edited by F. Max INIuller, M.A., and Bunyiu Nanjio. With two Appendices: (i) Text and Translation of Sanghavarman's Chinese Version of the Poetical Portions of the Sukhavati- Vyuha; (2) Sanskrit Text of the Smaller Sukhavati-Vyuha. Small 4to., ^s. 6d. The edifio princeps of the Sacred Book of one of the largest and most influential sects of Buddhism, numbering more than ten millions of followers in Japan alone. Btiddhist Texts fro7n Japan. III. The Ancient Palm- Leaves containing the Pra^;7a-Paramita-Hr/daya- Sutra and the Ush;^isha-Vi^aya-Dhara/^i. Edited by F. IMax Muller, IM.A., and Bunyiu Nanjio, M.A. With an Appendix by G. Buhler, CLE. With many Plates. Small 4to., \os. Contains facsimiles of the oldest Sanskrit MS. at present known. Dharma-Sa;;/gTaha, an Ancient Collection of Buddhist Technical Terms. Prepared for publication by Kenjiu Kasawara, a Buddhist Priest from Japan, and, after his death, edited by F. Max MUller and H. Wenzel. Small 4to., yj. dd. Katayana's Sarvanukrama;d of the i?/gveda. With Extracts from Shaa'guru.fishya's Commentary entitled Vedarthadipika. Edited by A. A. Macdonell, M.A., Ph.D. 1 6 J. AT THE CLARENDON PRESS LONDON: HENRY FROWDE oxford university press warehouse, amen corner, e.c. *f -■>:.'K ■ ■■ *-■■ f •*■■'. .'' ■^'' ' • .^■''■''i - 'f-~- ^>»TV .i<"-. "••>■-, . - . .<^^:wv:$''": r^'^^V^^v-- ■■;■■■/■ Ik- - .r.*- I *"■:. ^^^•- 'f-'V'. .,/-■■■' ;■■ ■ ^:.rCl-:^ r-/.-? .;"..< ■^■f ■ ■■•-■■■ ^- .'.^^ii ■:^ '::^^<'-}^r' i^s>■-" *■:■'■'.-• ., '^ -'- •'■I I- - .^'i ■-^♦■.::i:; - .-5, . . ■" .- >. ■ '. ^' ' -^1 I :f,i »V' , .>■^^^■ "k^A