Book Title: Indian Antiquary Vol 04
Author(s): Jas Burgess
Publisher: Swati Publications

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Page 145
________________ MAY, 1875.] ANCIENT INDIA ACCORDING TO MANU. 133 It may with much probability be inferred of municipal law. In addition to a divine code of from data which are to be found in the instruc morals, the compilers of the Institutes have given tions for carrying on war, and which I have us a criminal and a civil law at great length, not quoted, that the kingdoms (so to speak) in and have also afforded us some insight into view of which the compilers of Manu wrote, the mode in which it was administered. There more nearly resembled large rdjs than separate was a High Court (p. 190, 10), commonly called countries in the modern sense. Indeed, it is the Court of Brahmi, constituted of Chief Judge very noteworthy that the foregoing sketch cor- appointed by the king, and three Assessors. The responds closely with the state of things which Chief Judge might be drawn from any of the prevailed quite in historical times among the twice-born classes, though he ought the more non-Aryan people, the Kolbs and Oraons of properly to be a Brahman (p. 191, 20), but the the Chutiya Nagpur plateau. There, as the king was prohibited from appointing a Sudra to consequence of the conditions under which each this office. The trial was had in open court, village was founded, it had a priestly head and was effected by the examination of witnesses (pahan), a secular head (mundar or mahton), in the presence of the parties concerned (r. and ofter, a third officer, all hereditary, and 199, 79). In civil suits the plaintiff first made entitled by right of office to a certain portion of his complaint, and then the defendant was sumland, the origin of the existing Bhuniya tenures. moned to answer it. It was apparently incumbent The mahtın, to use Mann's language, transacted upon the plaintiff to put in a written plaint the affairs of the village. Three or four, or more, (p. 196, 58), and if he delayed to do so, he was of these villages in a group were subordinated to liable to be corporally punished, or to be fined. the mahton of most influence within them under In a suit to recover property, if the defendant the name of manki, and ultimately the biggest denied the truth of the plaintiff's claim, then manki in a district became the râja or king, the the latter had to establish it by the months of ordinary people of the villages paying him a sort three witnesses (p. 196, 60) at least who could of rent in kind, or money, and the headmen doing speak to the facts. In the event (p. 195, 53, public service in consideration of their free land. 54 et seq.) of the plaintiff, by his witnesses or To return to Manu. The king's revenue was otherwise, varying the case upon which he based derived from several sources. In the first place, his suit, or asserting confused and contradictory certain rations of food, drink, &c. were rendered facts, or disclaiming a witness whom he had in. to the king daily by every township (p. 173, tentionally called, or calling a witness who was 118 ; p. 223, 307), and constituted the mainten- not present at the time and place of the occur. ance of the head or governor of the town or rences to which he was to depose, or impropervillage. There was also a land revenue amount- ly conversing with his witnesses, or refusing to ing to an eighth, or a sixth, or a twelfth part of answer a proper question, and so on, the judge the grain produce, and a sixth part of most was bound to declare him non-suited. On the other things (p. 175, 130); also one-fiftieth part other hand, (p. 196, 58) if the defendant did of certain capital stock, as cattle, gems, gold, not plead within six weeks of being summoned. silver, &c. In times of emergency (p. 304, 118) he was condemned for default. And (p. 196, 59) the revenue might be raised to even one-fourth both a plaintiff who made a false claim, and of the produco. Besides these there were ad a defendant who falsely denied the truth of valorem taxes upon marketable (p. 240, 398) a claim, were alike fined double the amount of commodities, ferry and other tolls, market dues, the claim. After the examination of the wit&c., and a small poll-tax upon the classes who nesses, the judge heard argument on both sides paid nothing else. And fines imposed in the (p. 199, 3, and p. 194, 4-4); and, finally, having administration of criminal justice went to in- arrived at the truth of the facts by a most careful crease the public revenue. consideration of the demeanour of the parties Bat if the information which we can gather (p. 192, 25 and 26) and their witnesses, and of from Manu relative to the civil and fiscal admin- their testimony, he decided the matter in contest istration of the country is meagre, the case is strictly actording to the law which was appli. quite otherwise with regard to the department cable to the case (p. 192, 24). . Colonel Dalton's Ethnology of Bengal, and Act II. of 1869, Bengal Code.

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