Reading section 4

[Footnote 24: Which, in the time of our author, meant, the place of cremation. In the third book, sl. 1, 2, Yajnavalkya says:--A child under two years of age is to be buried, nor shall water be offered; every other deceased, being followed by his relatives to the place for disposal of the dead, shall there be burned.

It was certainly otherwise at the period of the Vedas (vide _Die Todtenbestattung im indischen Alterthum. German Oriental Society's Journal, Vol. VIII. pp._ 467--475): the paraphrase in the text is the meaning of the term used, _smasana._]

[Footnote 25: Texts of the Vedas to be recited on solemn occasions. See analogous passage, Manu ch. 2, sl. 16.]

[Footnote 26: So we supply the hiatus in the text, in conformity with the opinion of the Commentator. Manu makes no allusion to the alternative, ch. 2, sl. 36.]

[Footnote 27: Induction into the character and privileges of his cast, by means of the sacred thread.]

[Footnote 28: who, being Kshattriyas, here represent the cast.]

[Footnote 29: at mid-day. (_M._)]

[Footnote 30: Manu ch. 7, sl. 216.]

[Footnote 31: ibid, 201 et seq.]

[Footnote 32: ibid, 13, 41.]

[Footnote 33: Manu ch. 8, sl. 306.]

[Footnote 34: The Commentator explains the general expression here used by the word _haituka_, of which one meaning is that given in the text, but it also signifies, those who do not believe in the Vedas.]

[Footnote 35: _retti_ or _gunja_, a shrub bearing a small red and black berry. Wilson.]

[Footnote 36: A sort of kidney bean, _phasealus radiatus._ Wilson.]

[Footnote 37: About 176 grains Troy weight. Wilson.]

[Footnote 38: Manu says four.]

[Footnote 39: These tables of weight, as further explained by the Commentator, may be given thus:

3 Atoms = 1 Mote.

8 Motes = 1 Poppy seed or a nit.

3 Poppy seeds or 3 nits = 1 Black mustard seed.

3 Black mustard seeds = 1 White mustard seed.

3 White mustard seeds = 1 Barley corn.

3 Barley corns = 1 Krishnala.

_Gold._

5 Krishnalas = 1 Masha.

16 Mashas = 1 Suvarna.

4 Suvarnas = 1 Pala.

_Silver._

2 Krishnalas = 1 Masha.

16 Mashas = 1 Dharana.

10 Dharanas = 1 Pala or Satamana.

4 Suvarnas = 1 Nishka.

_Copper._

4 Karshas = 1 Pala.

1 Pana = 1 Karsha _i. e._ 1/4 Pala.

They by no means satisfactorily define the intrinsic weight and signification of the Pana, which, as the measure of pecuniary penalty, would seem to be the chief if not sole object of their introduction.

In the corresponding slokas of Manu, ten Palas are said to be equivalent to one Dharana. We can only reconcile this by supposing Manu to refer to a gold Pala and Yajnavalkya to a silver Pala.]

[Footnote 40: The Commentator remarks, that this includes every kind of corporal punishment.]

[Footnote 41: Manu, ch. 8, sl. 129, 130.]

[Footnote 42: ibid, sl. 126, also ch. 7, sl. 16. In the last passage, Sir Wm. Jones has added to the term, strength, _his own_; this we consider to be an error, at any rate it is not a mere translation, and we have applied the term used, _viz._ _strength_ simpliciter, differently.]

THE SECOND BOOK

LAW AND JUDICATURE.

1. Let the monarch,[43] free from anger or thought of gain, in conjunction with learned brahmans, adjudicate law-suits, according to the Dharma Sastras.

2. He shall appoint judges perfect in the Vedas and in science,[44] versed in the Dharma Sastras, such as speak truth and bear themselves alike to friend and foe.

3. If the monarch, from press of other business, cannot adjudicate, he shall appoint a brahman versed in the whole law, [to preside] with the judges.[45]

4. Should the judges, from partiality, from love of gain, or from fear, act in anywise contrary to law or usage;[46] each one [so acting] shall be amerced in double the value of the suit.

5. When one who is aggrieved by others, in any way contrary to law or usage, makes a representation to the monarch; this is matter for a law-suit.

6. The representation, as made by the plaintiff, is to be put in writing, in presence of the defendant; the year, month, half-month, day, names, cast, &c.,[47] being given.

7. The answer [of the defendant] to what he has heard [read] is then to be put in writing, in presence of him who made the first representation: and then the latter shall, at once, furnish a statement in writing of the proof to support what he has asserted.

8. This being established, he succeeds in his suit; otherwise, the reverse. Thus it appears, the procedure in law-suits has four steps.

9. Let not a counter-complaint be preferred until the [original] complaint is disposed of, nor let a third person [sue] him against whom a complaint is pending.[48] The statement of the cause of suit is not to be varied.[49]

10. [The defendant] may bring a counter-plaint for abusive language,[50] or personal trespass,[50] or for acts of atrocious violence.[51] On behalf of each party, a surety, competent to meet the result of the suit, shall be bound.

11. One against whom, after [a plea of] denial, judgment is given, shall pay the amount [adjudged to the plaintiff] together with an equal sum to the monarch.[52] One who has made a false complaint, shall forfeit double the amount of his claim.

12. In a case of atrocious violence, of theft, of reviling or personal trespass,[53] where a cow is the subject, or a [malicious] charge of crime,[54] or an offence destructive of life or property[54] where a female [of the household] is the subject--[in each of these cases] the Court shall compel the parties to go to trial forthwith. In other cases, a day may be appointed at pleasure.

13. One who moves from place to place,[55] who licks the corners of his mouth, whose forehead sweats, and whose countenance changes colour.

14. who with words from a dry throat, stammering, says much that is contradictory, who makes no response to word or look, who contracts the lips--

15. whosoever [in this wise] changes his natural manner, in the action of his mind, of his speech, and of his person, is to be set down as false in his complaint, or [if a witness] in his testimony.[56]

16. One who enforces by his own arbitrary act a claim which is denied, who absconds, or who does not respond when called--[each of these] is considered to have failed, and is amenable to punishment.[57]

17. Where there are [rival claims, and] witnesses on both sides, the witnesses of him who asserts the elder title, are to be [first] examined: if that title be admitted,[58] then the witnesses of him who claims by subsequent title [shall be examined].[59]

18. Should the suit be accompanied by a wager, [the Court] shall compel the losing party to pay the fine [prescribed],[60] as well as his wager and his debt to the creditor.