i)4< HISTORY OF INDIA. [Book IV.
A p. _ judge must "declare nonsuited." On the other hand, should the action proceed, great care is necessary in determining " what sort of witnesses must be pro- duced," and " in what manner those witnesses must give true evidence." The Competency good scnse wliich characterizes many of the regulations of the Hindoo code on
of witnesses. •ii iii c
this head, is sadly marred by others oi an unreasonable and fantastical nature. The persons who are to be considered competent witnesses are " married house- keepers, men with male issue, inhabitants of the same district" — "just and sensible men of all the classes, men who know their whole duty and are free from covetou.sness." The persons to be rejected as incompetent are those "who have a pecuniary interest," "familiar friends," "menial servants," 'enemies," "men formerly perjured," "persons grievously diseased," and "those who have committed heinous offences." Amono; the more fantastical arrangements are the exclusion of mean artificers, public dancers and singers, a priest of deep learn- ing in Scripture, a student in theology, an anchorite secluded from all worldly connections, one who follows a cruel occupation, a decrepit old man, and a wretch of the lowest mixed class." Women also, though they "should regularly be witnesses for women," are excluded generally, on the ground that "female understandings are apt to waver." In a penury of witnesses, however, " evidence may be given by a woman, by a child, or by an aged man, by a pupil, by a houseman, by a slave, or by a hired servant;" and several of the more injudi- ■cious restrictions are virtually removed by an injunction to the judge not to "examine too strictly the competence of witnesses" in "all cases of violence, of theft and adultery, of defamation and assault;" and a declaration that "any person whatever who has positive knowledge of transactions in the private apartments of a house, or in a forest, or at a time of death, may give evidence between the parties." The weight of testimony is to be determined by the fol- lowing rule: — "If there be contradictory evidence, let the king decide by the l^lurality of credible witnesses ; if equality in number, by superiority in virtue ; if parity in virtue, by the testimony of such, twice- born men as have best per- formed public duties." Proceedings Tlic proceedings in court are conducted with great decorum and solemnity. " The witnesses being assembled in the middle of the court-room, in the presence of the plaintiff and defendant, let the judge examine them, after having addressed them in the following manner: — ' What ye know to have been transacted in the matter before us, between the parties reciprocally, declare at large and with truth ; for your evidence in this cause is required. A witness who gives testimony with truth shall attain exalted seats of beatitude above and the highest fame here below; such testimony is revered by Brahma himself; the witness who speaks falsely shall be fast bound in the cords of Varuna, and be wholly deprived of power during a hundred transmigrations; let mankind therefore give no false testimony. By truth is a witness cleared from sin ; by truth is justice
advanced; truth must therefore be spoken by witnesses of eveiy class. The
