Mr. CoLEBROOK'E 071 Hvidu Courts of Justice, 169 



prescribed by law, form tiie legal constitution of a Hindu sovereign 

 court. 



It is a topic considered and discussed in every general treatise of Indian 

 forensic law : there is no occasion, therefore, for premising a disquisition on 

 the authorities to which reference will be made. 



§ 1. The sovereign Prince. 



The Hindu sovereign in person hears litigant parties to redress injuries 

 and decide their contests; or he devolves that office on a chief judge, 

 whose duty it is to assist him when present, and to preside in his stead 

 when absent. The right of persoiial superintendance is in strictness con- 

 fined to the regular royal tribe of cshatriya, or to the brahman' a invested 

 with sovereignty : one of an inferior class, whether the third or the fourth 

 caste, or a mixed tribe, is not qualified to assume personal cognizance of 

 causes, but is by law required to depute a judge to officiate in his stead. 

 On this point, however, commentators of the law differ ; some maintaining 

 the competency of every sovereign, whatever be his tribe, for the personal 

 exercise of judicial authority. 



It is the sovereign on whom the duty of administering justice is incum- 

 bent. The chief judge, attendants, and officers, are only assistant in the 

 trial of causes, like a stipendiary priest in the celebration of i-eligious rites ; 

 and tliey possess no proper nor original jurisdiction. It is a positive 

 obligation on him ; and the attendance of the rest is not indispensable. 

 The spiritual reward of a due administration of law, and the offence of its 

 omission, concern him alone.* 



Composure and sedateness of demeanour, with simplicity of dress and 

 ornament, are enjoined, lest the suitors of the court be overawed and con- 

 founded. A sitting posture facing the east is directed for a spiritual 

 purpose ; yet a trivial case may be heard by the prince standing ; but he 

 should not be walking to and fro, nor lying down, nor reclining. He holds 

 out his right arm, wearing his mantle in the manner of a scarf, as is usual 

 in an assembly of brdhman'as, and having his hand free to make signs when 

 there may be occasion so to do. 



§ 2. The chief Judge. 

 The chief judge assists the prince when present, or presides in court 



* Sm. Chandricii, Sjc. 



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