3. If he do not what is adjudged, or if no one becomes surety for him as he goes to court, he shall be led away and bound with fetters or shackles of weight not more than 15 [pounds], or if he [plaintiff] wills, of lesser weight.

4. If [the debtor] will, he shall feed at his own cost. If not, he who has him bound shall give a pound of meal a day, more if he wishes.

5. [Missing. The debtor could be kept for sixty days, i.e. three market-days, being taken to court at intervals.]

6. On the third market-day, they may divide up his [body-] parts. If they divide more or less [than each one's share], it shall not be wrongful.

7. Against a non-citizen, there shall be a perpetual right. . .

IV

1. [Missing.]

2. If a father thrice give his son for sale, the son shall be free from the father.

3, 4. [Missing.]

V

1, 2. [Missing. The status of women.]

3. As a man [when alive] shall have ordered concerning his money or the custody of his estate, so the law shall do.

4. If he dies without a will, and no heir of his exists, the nearest agnate shall have the family.

5. If no agnate exists, the gentiles shall have the family.

6. [Missing.]

7. If a man become insane, his money and his family power shall go to his agnates and gentiles. . .

8, 9, 10. [Missing or fragmentary.]

VI

...

1. When a contract or transfer is to be made, what the tongue has pronounced, so the law shall do.

2, 3, 4. [Missing.]

5. If [two] men contend with hands before the court

[with reference to an article to be sold, pledged, etc.].

6. [Missing.]

7. Timber once built into [another person's] house or vinetrellis shall not be taken out of its place [by the former owner].

8. [Missing. Prescribes a penalty of double for the person who used the timber.]

9. [Fragment only.]

VII

1-6. [Missing. Deal with walls, fields, roads, boundaries.] 7. [The abutting owner] shall wall the highway. If the stonework fall into disrepair, [the traveller] may drive his team whither he will.

8. If rain-water [from the neighbor's eaves] does harm . . 9-12. [Missing. Deal with easements, sales, emancipations.]

VIII

1. Whoever shall chant an evil spell

2. If [a man] has broken the limb [of another] and does not settle with him, let there be retaliation.

3. If [a man] with fist or club breaks the bone [of another] he is liable to penalty, of 300 [pence] if done to a free man, 150 if done to a slave.

4. If he makes an assault, 25 [pence] are the penalty.

5-11. [Missing, or fragmentary. Deal with damage by animals, evil spells for crops, night trespasses, arson, tree-cutting, etc.] 12. If by night [a man] have done a theft, and [the owner] kill him, let him be [as if] killed by law.

13. If by daylight . . . [a man commit a theft, and] defend himself with a spear . . . [you may kill him] and shall make hue

and cry.

14, 15. [Missing or fragmentary. Deal with theft.]

16. If he does a theft but he is not detected in the act . . . [double value shall be paid].

17-20. [Missing. Deal further with theft.]

21. If a patron defrauds a client, he shall be accursed.

22. He who has promised to bear witness or has acted as weigher, if he bear not testimony [when required], shall be deemed a miscreant and disqualified thereafter to be a witness.

23. [Missing. False witness shall be cast from the Tarpeian Rock.]

24. If a spear escape from the hand, without being thrown, [and kill another person, atonement shall be made]. 25-27. [Missing. Deal with poisoning, night brawls, etc.]

IX

1-6. [Missing. Deal further with homicide, criminal proceedings, etc.]

X

1. A dead man you shall not bury or burn within the city. 2. [Funeral trappings and expenses may be . . .] more than this you shall not do. The pyre-wood shall not be smoothed with an

axe.

3. [Missing. Deals with garments, etc.]

4. Women shall not tear their faces, nor make excessive lamentation for the dead.

5. You shall not take up the bones of a dead man to have another funeral.

6. [Missing.]

7. He who obtains a prize, whether in person or by his property,1 or earns a reward of valor, . . . [these may be buried with him]. 8. [Jewels, silver], . . ..or gold shall not be included [in the funeral corse]. But if the deceased's teeth are filled with gold, that may be buried or burned with him, and it shall not be accounted wrongful.

9, 10. [Missing. Deal with tombs, etc.]

XI

1-3. [Missing. Deal with the calendar, holidays, intermarriage of plebs and patricianate.]

XII

1. [Missing. Deals with sale-contracts, etc.]

2. [Fragment, dealing with harm done by slaves.]

3. If a man has made [and won] a false claim of property, three arbiters be named, and on their judgment . . . double damages shall be awarded.

1 I.e., slaves or horses, in races, etc.

99

CHAPTER XIX

THE LAWS OF MANU 1

CHAPTER VIII. JUDICIAL PROCEDURE. RECOVERY OF DEBTS. WITNESSES. WEIGHTS. DEPOSITS. WITHOUT

+

- SALE

OWNERSHIP. - CONCERNS AMONG ᏢᎪᎡᎢ NERS. SUBTRACTION OF GIFTS. NON-PAYMENT OF WAGES. NON-PERFORMANCE OF AGREEMENT. - RESCISSION OF SALE AND PURCHASE. - MASTERS AND HERDSMEN. DISPUTES CONCERNING BOUNDARIES. DEFAMATION. — ASSAULT AND HURT.-THEFT. VIOLENCE (SAHASA). — MISCELLANEOUS RULES.

1. A king, desirous of investigating law cases, must enter his court of justice, preserving a dignified demeanor, together with Brâhmanas and with experienced councillors.

2. There, either seated or standing, raising his right arm, without ostentation in his dress and ornaments, let him examine the business of suitors.

3. Daily (deciding) one after another (all cases) which fall under the eighteen titles (of the law) according to principles drawn from local usages and from the institutes of the sacred law.

4. Of those (titles) the first is the non-payment of debts, (then follow), (2) deposit and pledge, (3) sale without ownership, (4) concerns among partners, and (5) resumption of gifts,

5. (6) Non-payment of wages, (7) non-performance of agreements, (8) rescission of sale and purchase, (9) disputes between the owner (of cattle) and his servants,

[Reprinted by permission of the University of Oxford Press from "The Laws of Manu," translated with extracts from "Seven Commentaries," by G. BÜHLER, Oxford, 1886. (Being Vol. XXV of the "Sacred Books of the East" translated by Various Oriental Scholars, and edited by F. MAX MÜLLER.)

The present form of this code is thought to date about 200 B.C., although these laws are probably much more ancient. Approximately a quarter of the code deals with matters strictly legal in nature; the remainder, like all other ancient codes, lays down rules of religion, ceremony, deportment, health, etc., as of equal importance. Other well-known sources of indu Law are the Smriti of Yajnavalkya and the Smriti of Narada, hich, in the order named, are subsequent in time to the Laws of Manu.]

6. (10) Disputes regarding boundaries, (11) assault and (12) defamation, (13) theft, (14) robbery and violence, (15) adultery,

7. (16) Duties of man and wife, (17) partition (of inheritance), (18) gambling and betting; these are in this world the eighteen topics which give rise to lawsuits.

8. Depending on the eternal law, let him decide the suits of men who mostly contend on the titles just mentioned.

9. But if the king does not personally investigate the suits, then let him appoint a learned Brâhmana to try them.

10. That (man) shall enter that most excellent court, accompanied by three assessors, and fully consider (all) causes (brought) before the (king), either sitting down or standing.

11. Where three Brahmanas versed in the Vedas and the learned (judge) appointed by the king sit down, they call that the court of (four-faced) Brahman.

12. But where justice, wounded by injustice, approaches and the judges do not extract the dart, there (they also) are wounded (by that dart of injustice).

13. Either the court must not be entered, or the truth must be spoken; a man who either says nothing or speaks falsely, becomes sinful.

14. Where justice is destroyed by injustice, or truth by falsehood, while the judges look on, there they shall also be destroyed.

15. "Justice, being violated, destroys; justice, being preserved, preserves; therefore, justice must not be violated, lest violated justice destroy us.'

16. For divine justice (is said to be) a bull (vrisha); that (man) who violates it (kurute 'lam) the gods consider to be (a man despicable like) a Sûdra (vrishala); let him, therefore, beware of violating justice.

17. The only friend who follows men even after death is justice; for everything else is lost at the same time when the body (perishes).

18. One quarter of (the guilt of) an unjust (decision) falls on him who committed (the crime), one quarter on the (false) witness, one quarter on all the judges, one quarter on the king.

19. But where he who is worthy of condemnation is condemned, the king is free from guilt, and the judges are saved (from sin); the guilt falls on the perpetrator (of the crime alone).

20. A Brahmana who subsists only by the name of his caste (gâti), or one who merely calls himself a Brahmana (though his