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BAUDHAYANA.
I, 10, 19.
13. (Men of) the four castes (varna) who have sons may be witnesses excepting Srotriyas, the king, ascetics, and those who are destitute of human · (intellect).
14. If (the witness rightly) recollects (the facts of) the case (he will receive) commendation from the most eminent men.
15. In the contrary case (he will) fall into hell.
16. Let him (who has given false evidence), drink hot milk during twelve (days and) nights or offer burnt oblations (reciting) the Kushmânda (texts).
words ‘he kills,' see Manu VIII, 97, and Haradatta on Gautama XIII, 14.
13. Vasishtha XVI, 28-30. The text has râganya, 'members of the royal family. But the parallel passages of other Dharmasûtras, e.g. Vishnu VIII, 2, make it probable that the king is meant.
14. Âpastamba II, 11, 29, 10. Govinda takes the Satra differently. His commentary runs as follows: sâkshidvaye sati râgña tatpurushais ka kim kartavyam ity ata aha il smritau pradhânatah pratipattih II prâdhânyatas taponirdishtavidyâdibhih i tadvakanât pratipattir niskayah karya ityadhyâhârah karyah 11 What shall the king and his officers do, if there are two witnesses? In order to answer this question he says: “On recollection, according to preeminence, reliance." According to pre-eminence, i.e. on account of austerities, (being appointed as a witness), learning and the like; in accordance with the evidence of such person's conviction, i. e. the decision must be made. The latter word has to be understood.' Govinda then goes on to quote Manu VIII, 73.
15. Apastamba II, 11, 29, 9. Govinda and M. read kartripatyam for kartapatyam, the reading of the Dekhan and Gugarât MSS. The explanation of the former term is said to be doshah, sin.' Regarding the ancient word kartapatya, which Govinda and the writer of M. have not understood, see Haradatta or tamba I, 2, 5, 3.
16. In accordance with his explanation of Sûtra 14, Govinda thinks that this penance is to be performed by the king and the judges in case they fail to weigh the evidence properly. But
formed by the king and the
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