The History of Antiquity, Vol. 4 (of 6)Duncker, Max
History
The History of Antiquity, Vol. 4 (of 6)
Duncker, Max
History, Ancient
continues--"he must attempt to subjugate the lands which do not obey
him."[239]
Accompanied by Brahmans and experienced councillors, the king is to
repair without magnificence to the court of justice. After invoking the
protectors of the world, he begins, standing or seated, with the right
hand raised, and his attention fixed, to examine the case according to
the rank of the castes. Like Yama, the judge of the under world, the
king must renounce all thoughts of what is pleasing to him; he must
follow the example of the judge of all men, suppress his anger, and put
a bridle on his senses. If right wounded by wrong enters the court and
the king does not draw out the arrow he is himself wounded. From the
attitude of the litigants, the colour of their faces, and the tone of
their voices, their appearance and gestures, the king must ascertain
their thoughts and attain to truth, as the hunter reaches the lair of
the wild beast which he has wounded by following up the traces of its
blood. Beside these indications, witnesses are required for proof; and
if these are not forthcoming, oaths or the "divine declaration."
Respectable men of all the orders are allowed as witnesses, especially
the fathers of families; if these are not to be obtained, the friends or
enemies of the accused, his servants, or such as are in need and
poverty, and are afflicted with sickness. In cases of necessity the
evidence of a woman, a child, and a slave can be taken.[240]
The book repeatedly and with great urgency exhorts the witnesses to
speak the truth, and threatens false witnesses with hell and a terrible
series of regenerations. In the presence of the accuser and accused the
king calls on the witness to tell the truth: to the Brahman he says,
"speak;" to the Kshatriya, "tell the truth;" to the Vaiçya, he points
out that false witness is as great a crime as theft of corn, cattle, and
gold.[241] "The wicked think," says Manu, "no one sees us if we give
false witness. But the protectors of the world know the actions of all
living creatures, and the gods see all men. The soul also is its own
witness; a severe judge and unbending avenger dwells in thine heart. The
soul is a part of the highest spirit, the attentive and silent observer
of all that is good and evil." The false witness will not only come to
misfortune in his life, so that, deprived of his sight, with a potsherd
in his hand he will beg for morsels in the house of his enemy--for all
the good that a man has done in his life at once departs into dogs by
false witness--in a hundred migrations he will fall into the toils of
Varuna, and at last will be thrown head foremost into the darkest abyss
of hell. Even his family and kindred are brought into hell by the false
witness. For further elucidation the book provides a scale; by false
witness about oxen five, about cows ten, about horses a hundred, and
about men a thousand members of the family of the false witness are
thrown into hell.[242]
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