Page:The Indian Antiquary, Vol. 4-1875.djvu/148

Mkx, ANCIENT IXDTA ACCORDING TO MAM. Ir may with much probability be inferred from data which are to be found in the instruc- tions for carrying on war, and which I have not quoted, that the kzngdo • speak) in view of which the compilers of Manu wrote, mnre nearly resi -ml rdja than separate countries in the modern sense. Indeed, ii is very noteworthy that the foregoing sketch cor- responds closely with the state of things which prevailed quite in historical times among the non- Aryan people, the Kolhs and Oraons of the Chutiyfi Nigpur plateau. There, as the consequence of the conditions under which each village was founded, * it had a priestly head ■ n), a secular head {mmdotr or maltion), often a third officer, all hereditary, and entitled by right of office to a certain portion of [and, the origin of the existing Bhuniya tenures. TheiaaWo*. to nse Mann's language, transacted the affairs of the village. Three or four, or more, of these villages iii a group were subordinated to the mahtan of most influence within them under the name of meu&i, and ultimately the biggest manki in a district became the raja or king, bhfi ordinary people of the villages paying him a sort ofrentinkind, or money, and the headmen doing public service in consideration of their free land. To return to Mann. The king's revenue was derived from a 'fees. In the first place, certain rations of food, drink, &c. were rendered to the king daily by even lip (p. 173, 118; p. 229, 307), and constituted the mamten- of the head or governor of the town or village. There was also a la ne amount- ing to an eighth, or a sixth, or a twelfth part of the grain produce, and a sixth part of most other things (p. 175, 180); also one-fiftieth part of certain capital stock, as cattle, g silver, &c. In times of emergency (p. 804 1 L8J the revenue might be raised fco t-veu one-fourth of the produce. Besides these there were ad valorem taxes upon marketable (p. 240, 398) commodities, : other fulls, market dues, Ac,, and a small poll-tax upon the classes who paid nothing else. And fines imposed in the administration of criminal justice went to in- crease the public revenue. But if the information which we can gather from Mann relative to the civil and fiscal admin- istration of the country is meagre, the case is quite otherwise with regard to the department of municipal law. In addition to a divine code of morals, the compilers of She B tave given us a criminal and a civil law at great length, and have also afforded us some into the mode in which it was administered. There was a High Court (p. 190, 10), commonly called the Court of Brahrui, constituted of u Chief Jt appointed by the king, and three Assessors. Chief Judge might be drawn from any of the twice-born classes, though he ought the more properly to be a Brahman (p. 191, 20), but the king was prohibited from appointing a Stidra to this office. The trial was had in Open court, and was effected by the examination of witnesses in the presence of the parties concerned (p. 199, 79), in civil suits the plaiutitf first made his complaint, and then ! was sum- moned to answer it. It was apparently incun 1 upon the plaintiff to put in a written plaint (p. 19G, 58), and if he delayed to do so, he was liable to be corporally punished, or to be fined. In a suit to recover property, if the defendant 1 the truth of the plaintiffs claim, then (iif hitter had to establish it by the months of three witnesses (p, I96j 60) at least who D speak to the facts. In the event (p. 1 '.'.'■. 1 of the plaintiff, by his witnesses or otherwise, varying the case upon which he based his suit, or asserting confused and oontradictory !•; j, or disclaiming a witness whom he had in- tentionally called, or calling a witness who was not present at the time and place of the occur- rences to which he was to depose, or improper- ly conversing with his witnesses, or refus:; answer a proper question, and so on, the judge was bound to chela W -him non-suited. On the other hand, (p. 106, 58) if the defendant did not plead within six weeks of being summoned, he was condemned for default. And (p. 196, both a plaintiff who made a false claim, and a defendant who falsely denied the truth of ■ olahn, were alike fined double the amount of the claim. After the examination of the wit- nesses, the judge heard argument on b (p. 139, 3, and p. I and, finally, having arrived at the truth of the facts by a most careful 'deration of the demeanour of the parties (p. 192, 25 and 26) and their witnesses, and of their testimony, he decided the matter in contest strictly according to the law which was appli- cable to the case (p. 192, 24). • Colonel Daltoa** Ethnology of Bengal, and Act H. of 1669, Bangui Code.