Appendix to Account of Hindu Courts of Justice. 1 83 



" Wlien the king cannot inspect forensic affairs in person, let him appoint for the 

 inspection of them, a brahman'a of eminent learning.* 



" By a prince, whom urgent business (or disease, or other cogent reason) prevents 

 from trying causes in person, a brahmaria, thoroughly acquainted with all [civil and 

 religious] duties, must be appointed, together with assessors, [to examine all causes].f 



" When the king is prevented [by the exigency of affairs] from superintending the 

 decision of causes, let him appoint a learned bri'ihman'a, perfectly conversant with 

 sacred literature, patient, sprung from a good family, impartial, deliberate, firm, awed 

 by the dread of another world, virtuous, diligent and placid.J 



" Of him who neglects employing regenerate men, and inspects foi'ensic affairs with 

 persons of the servile tribe, the kingdom totters, and his wealth and power pass away.§ 



" [The king should administer justice,] or appoint a brahinan'a to try the causes. || 



" A briihman'a, supported only by [the profession of] his class, or one barely reputed 

 a bruhman'a, may at the king's pleasure interpret the law to him; but not a s'udia by 

 any means. Of that king, who stupidly looks on while a s'udra decides causes, the 

 kingdom itself shall be embarrassed, like a cow in deep mire.lf 



" He [the judge] interrogates, and is therefore the interrogator (prat' ) ; and he 

 discriminates, and is consequently the discriminator (vivuca).** 



" Because, having inquired the transactions relative to the matter in dispute, he 

 carefull}' investigates the merits of the suit, with the assessors ; therefore is he calletl the 

 chief judge.ff 



" He inquires the question whereon the law-suit is founded, and is thence named the 

 interrogator; and because he examines into it, he is termed the chief judge. J J 



" In a controversy, he inquires the question which is agitated, and the answer which 

 is given : having interrogated the parties with gentleness, he pronounces judgment, and 

 therefore he is called the chief judge.§§ 



" The most momentous of all obligations is the declaration of the truth to the judge 

 [who interrogates]. II || 



" Being conversant with the eighteen topics of litigation, and with the thousand and 

 eight subdivisions thereof, and being skiUed in logic and other sciences, and perfectly 

 acquainted with scripture and jurisprudence, he inquires the law relative to the contro- 

 versy, and investigates the matter in question, and is therefore called the chief judge.f ^ 



" A person, not austere, but gentle and tender, the hereditary servant of the state, 

 wise, cheerful, and disinterested, should be appointed by the king for the trial of 

 causes.*** 



" When the king tries causes in person, this officer is his colleague in the adminis- 

 tration of justice; but when he is unable to inspect judicial affairs himself, by reason 



• Menu, 8. 9. f Yajnyawalcya, 2. 3. 9. % Calyayana, cited in Sm. Chand. Calp., &c. 



J Vyasa, cited in Sm. Chand, &c. || Vishn'u, 3. 73. 1 Mviw, H. 20. 



•* Gautama, 13. f f Vyasa, cited in Calp. and Chint. 



XX Culyayana, oiled in Sm. CImnd. §§ Vr'.hmpati, in Sm. Chand , ^c. 



nil Gautama, 13. UH Xdreda. '** Virumiliodaya, 



