CHAP. sides in thy bosom perpetually, and is an all-knowing inspector of thy goodness or of thy wickedness.

VIII.

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92." If thou beest not at variance, by speaking falsely, with YAMA, or the subduer of all: with VAIVASWATA, or the punisher, with that great divinity 'who dwells in thy breast, go not on a pilgrimage to the river Gangà, nor to the plains of CURU, for thou hast no need of expiation.

93.

"Naked and shorn, tormented with hunger and thirst, and deprived of sight, shall the man, who gives false evidence, go with a potsherd to beg 'food at the door of his enemy.

94. 6 66

Headlong, in utter darkness, shall the impious

' wretch tumble into hell, who, being interrogated in

a judicial inquiry, answers one question falsely.

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95. " He, who in a court of justice gives an imper'fect account of any transaction, or asserts a fact of ' which he was no eye-witness, shall receive pain ' instead of pleasure, and resemble a man, who eats 'fish with eagerness and swallows the sharp bones.

96. "The gods are acquainted with no better mortal in this world, than the man, of whom the intel

ligent spirit, which pervades his body, has no dis'trust, when he prepares to give evidence.

97." Hear, honest man, from a just enumeration

' in order, how many kinsmen, in evidence of dif'ferent sorts, a false witness kills, or incurs the guilt

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of killing:

"He

98." He

98. "He kills five by false testimony concerning CHAP. 'cattle in general; he kills ten by false testimony

concerning kine; he kills a hundred by false evi'dence concerning horses; and a thousand by false ' evidence concerning the human race:

99. 66 By speaking falsely in a cause concerning 'gold, he kills the born and the unborn; by speak

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ing falsely concerning land, he kills every thing animated: beware then of speaking falsely in a cause concerning land!

100.

"The sages have held false evidence concerning water, and the possession or enjoyment of women, equal to false evidence concerning land; and it is equally criminal in causes concerning pearls ' and other precious things formed in water, and concerning all things made of stone.

101.

"Marking well all the murders which are comprehended in the crime of perjury, declare thou the 'whole truth with precision, as it was heard, and as it was seen by thee."

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102. Bráhmens, who tend herds of cattle, who trade, who practise mechanical arts, who profess dancing and singing, who are hired servants or usurers, let the judge exhort and examine as if they were Súdras.

103. In some cases, a giver of false evidence from

a pious motive, even though he know the truth, shall 'not lose a seat in heaven: such evidence wise men call the speech of the gods.

VIII.

CHAP.

VIII.

104. Whenever the death of a man, who had not 'been a grievous offender, either of the servile, the commercial, the military, or the sacerdotal class, 'would be occasioned by true evidence, from the known rigour of the king, even though the fault arose from ' inadvertence or errour, falsehood may be spoken: it is even preferable to truth.

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105. Such witnesses must offer, as oblations to SARASWATI', cakes of rice and milk addressed to the goddess of speech; and thus will they fully expiate that venial sin of benevolent falsehood:

106. Or such a witness may pour clarified butter into the holy fire, according to the sacred rule, 'hallowing it with the texts called cúshmándá, or with those which relate to VARUNA, beginning with ud; or with the three texts appropriated to the water'gods.

107.' A MAN who labours not under illness, yet comes not to give evidence in cases of loans and the like, within three fortnights after due summons, shall take upon himself the whole debt, and pay a ' tenth part of it as a fine to the king.

108. The witness, who has given evidence, and to whom, within seven days after, a misfortune happens from disease, fire, or the death of a kinsman, 'shall be condemned to pay the debt and a fine. 109. 'IN cases, where no witness can be had, be'tween two parties opposing each other, the judge

may

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may acquire a knowledge of the truth by the oath CHAP. of the parties; or if he cannot otherwise perfectly VIII.

ascertain it.

110. By the seven great Rishis, and by the deities themselves, have oaths been taken, for the purpose

' of judicial proof; and even VASISHT'HA, being accused by VISWA MITRA of murder, took an oath before the king SUDA'MAN, son of PIYAVANA.

111. Let no man of sense take an oath in vain, that is, not in a court of justice, on a trifling occasion; for the man, who takes an oath in vain, 'shall be punished in this life and in the next:

112. To women, however, at a time of dalliance, a proposal of marriage, in the case of grass or fruit eaten by a cow, of wood taken for a sacrifice, or of a promise made for the preservation of ́a Bráhmen, it is no deadly sin to take a light oath.

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113. Let the judge cause a priest to swear by his veracity; a soldier, by his horse, or elephant, and his weapons; a merchant, by his kine, grain, and gold; a mechanick or servile man, by imprecating on his own head, if he speak falsely, all possible crimes;

114. Or, on great occasions, let him cause the party to hold fire, or to dive under water, or severally to touch the heads of his children and wife:

115. He, whom the blazing fire burns not, whom 'the water soon forces not up, or who meets with no

CHAP.
VIII.

speedy misfortune, must be held veracious in his testimony on oath.

116. Of the sage VATSA, whom his younger half'brother formerly attacked, as the son of a servile woman, the fire, which pervades the world, burned ' not even a hair, by reason of his perfect veracity. 117. WHENEVER false evidence has been given in any suit, the king must reverse the judgment; and 'whatever has been done, must be considered as ' undone.

118. Evidence, given from covetousness, from dis'traction of mind, from terrour, from friendship, from lust, from wrath, from ignorance, and from inattention, must be held invalid.

119. THE distinctions of punishment for a false witness, from either of those motives, I will propound fully and in order:

120. If he speak falsely through covetousness, he 'shall be fined a thousand panas; if through distrac'tion of mind, two hundred and fifty, or the lowest amercement; if through terrour, two mean amercements; if through friendship, four times the lowest;

121. If through lust, ten times the lowest amercement; if through wrath, three times the next, or 'middlemost; if through ignorance, two hundred complete; if through inattention, a hundred only.

122. Learned men have specified these punish

ments,