The Law Of Manu Part -36

 The Law Of Manu Part -36

CHAPTER VIII.

1. A king, desirous of investigating law cases, must enter his court of justice, preserving a dignified demeanour, together with Brahmanas 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,

 

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 Brahmana 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 Sudra (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 (gati), or one who merely calls himself a Brahmana (though his origin be uncertain), may, at the king's pleasure, interpret the law to him, but never a Sudra.

 

21. The kingdom of that monarch, who looks on while a Sudra settles the law, will sink (low), like a cow in a morass.

 

22. That kingdom where Sudras are very numerous, which is infested by atheists and destitute of twice-born (inhabitants), soon entirely perishes, afflicted by famine and disease.

 

23. Having occupied the seat of justice, having covered his body, and having worshipped the guardian deities of the world, let him, with a collected mind, begin the trial of causes.

 

24. Knowing what is expedient or inexpedient, what is pure justice or injustice, let him examine the causes of suitors according to the order of the castes (varna).

 

25. By external signs let him discover the internal disposition of men, by their voice, their colour, their motions, their aspect, their eyes, and their gestures.

 

26. The internal (working of the) mind is perceived through the aspect, the motions, the gait, the gestures, the speech, and the changes in the eye and of the face.

 

27. The king shall protect the inherited (and other) property of a minor, until he has returned (from his teacher's house) or until he has passed his minority.

 

28. In like manner care must be taken of barren women, of those who have no sons, of those whose family is extinct, of wives and widows faithful to their lords, and of women afflicted with diseases.

 

29. A righteous king must punish like thieves those relatives who appropriate the property of such females during their lifetime.

 

30. Property, the owner of which has disappeared, the king shall cause to be kept as a deposit during three years; within the period of three years the owner may claim it, after (that term) the king may take it.

 

31. He who says, 'This belongs to me,' must be examined according to the rule; if he accurately describes the shape, and the number (of the articles found) and so forth, (he is) the owner, (and) ought (to receive) that property.

 

32. But if he does not really know the time and the place (where it was) lost, its colour, shape, and size, he is worthy of a fine equal (in value) to the (object claimed).

 

33. Now the king, remembering the duty of good men, may take one-sixth part of property lost and afterwards found, or one-tenth, or at least one-twelfth.

 

34. Property lost and afterwards found (by the king's servants) shall remain in the keeping of (special) officials; those whom the king may convict of stealing it, he shall cause to be slain by an elephant.

 

35. From that man who shall truly say with respect to treasure-trove, 'This belongs to me,' the king may take one-sixth or one-twelfth part.

 

36. But he who falsely says (so), shall be fined in one-eighth of his property, or, a calculation of (the value of) the treasure having been made, in some smaller portion (of that).

 

37. When a learned Brahmana has found treasure, deposited in former (times), he may take even the whole (of it); for he is master of everything.

 

38. When the king finds treasure of old concealed in the ground let him give one half to Brahmanas and place the (other) half in his treasury.

 

39. The king obtains one half of ancient hoards and metals (found) in the ground, by reason of (his giving) protection, (and) because he is the lord of the soil.

 

40. Property stolen by thieves must be restored by the king to (men of) all castes (varna); a king who uses such (property) for himself incurs the guilt of a thief.

 

41. (A king) who knows the sacred law, must inquire into the laws of castes (gati), of districts, of guilds, and of families, and (thus) settle the peculiar law of each.

 

42. For men who follow their particular occupations and abide by their particular duty, become dear to people, though they may live at a distance.

 

43. Neither the king nor any servant of his shall themselves cause a lawsuit to be begun, or hush up one that has been brought (before them) by (some) other (man).

 

44. As a hunter traces the lair of a (wounded) deer by the drops of blood, even so the king shall discover on which side the right lies, by inferences (from the facts).

 

45. When engaged in judicial proceedings he must pay full attention to the truth, to the object (of the dispute), (and) to himself, next to the witnesses, to the place, to the time, and to the aspect.

 

46. What may have been practised by the virtuous, by such twice-born men as are devoted to the law, that he shall establish as law, if it be not opposed to the (customs of) countries, families, and castes (gati).

 

47. When a creditor sues (before the king) for the recovery of money from a debtor, let him make the debtor pay the sum which the creditor proves (to be due).

 

48. By whatever means a creditor may be able to obtain possession of his property, even by those means may he force the debtor and make him pay.

 

49. By moral suasion, by suit of law, by artful management, or by the customary proceeding, a creditor may recover property lent; and fifthly, by force.

 

50. A creditor who himself recovers his property from his debtor, must not be blamed by the king for retaking what is his own.