A  plaintiff  who  produces  no   sufficient  witnesses  is  non-


260


suited,   and  is  beaten  where  they  vary  from  the  case  alleged,
or  contradict   themselves,   or  were   not  present   at   the   trans-
action,  or  have  been  tampered  with  or   coached,   or  refuse   to
answer  proper  questions.     Hearsay  evidence,    it  may  be   sus-
pected is  not   rigorously  excluded  for  Menu  speaks  of  "what
has  been  seen  and  what  has  been  heard"   as  admissible.
False  witnesses  are  to  be  punished  by   a  fine   and  banishment,
except  that   A  Brahniin  escapes  the   fine.      In  a  doubtful  case
the   ordeal  of  fire   and  water  may  be   resorted  to:   and  he
"whom  the  blazing  fire  burfls  not,   whom  the  water   soon  forces
not  up"    is  held  veracious.     DKien  it   comes  to  execution  in
a  Civil  case  we   see   again  the   old  habit   of  Self-Help  and
the  party  him.se If  forcing  payment.      It    is  said  "by  whatever
means  a  creditor  may  have   got  possession  of  his   own  property
the  king  must  ratify  such  pajonent   though  obtained  by   compul-
sion:"  and  artful  management,   distress,   and  force   are  named
as  lawful  methods.      The   creditor  could  sit  at  the  debtor's
door  and  cut   off  his   supplies,   or  even  seiie  him  in  the
street,   for,   to   the  archaic  thought,   the   creditor  was  not
enforcing  a  contract:    C,    no  J —  He  was  forcibly  taking  back
his  own  property  which  a  wicked  bailde  unjustly  withheld.
