184 ArrENDix to Accoimt of Hindu Courts of Justice. 



of other urgent business, or through want of health and ease, the chief judge is his 

 representative.* 



" The denomination of chief judge is a derivative term. He interrogates the plain- 

 tiff and the defendant, and is thence named the interrogator. With the assessors he 

 discriminates or investigates tiie consistency and contradiction of the allegations on both 

 sides, and is therefore called the investigator. He is both interrogator (prat ) and 

 investigator (vivdca), and he is for that reason entitled chief judge fprad'vivacaj.-f 



" The judge interrogates the plaintiff and the defendant, and is therefore termed 

 interrogator. Investigating with the assessors what is affirmed by the parties, he 

 pronounces judgment, and is thence denominated the pronouncer (vivt'ica). Vya'sa, 

 using the word investigate, indicates this derivation of the term ; he who discriminates 

 is the discriminator f vivt'ica J. But Gautama defines it thus : he pronounces after 

 investigation, and is therefore entitled the (vivt'ica) pronouncer of judgment.^ 



" He asks the plaintiff, what is your complaint ? and the defendant, what is your 

 answer? and he is consequently the interrogator. Having heard them, he distinguishes 

 or pronounces the gain or loss of the cause, according to right and wrong, and is there- 

 fore pronouncer.J 



" He inquires the charge, and is consequently the interrogator; he awards ordeal 

 suitable thereto, and is therefore awarder. He both interrogates and awards, and is 

 thence so entitled. He should inquire the transaction, and then examine into what is 

 alleged by the two parties. || 



" He questions both parties, the plaintiff and the defendant, and is therefore the 

 interrogator: and he specially pronounces judgment, and is consequently the adjudica- 

 tor. Thus the appellation is etymologically significant. It is exhibited by Na'reda in a 

 different manner explanatory of the learning which he should possess. Thus by stating 

 the derivative sense of the term, both legislators do virtually propound the duties of the 

 chief judge."1[ 



5 6. Tlie Assessors. 



" Let the king, accompanied by three assessors at the least, enter the court-room ; 

 and there, either sitting or standing, try causes.** 



" Let the chief judge, accompanied by three assessors, enter the court-room; and 

 either sitting or standing, try the causes brought before the king. In whatever place, 

 three brdhman'as, skilled in the vedas, sit together with the learned bri'ihman'a appointed 

 by the king; the wise call that assembly a court of judicature.ff 



" Wherever seven, or five, or even three, bn'iJiman'as, versed in sacred and profane 

 literature, and acquainted with the law, sit together, that assembly is similar to a meet- 

 ing for a solemn sacrifice.|f 



* Viramitrodaya. -)■ Mitacshara on Yajnyawalct/a, 2. 3. % Viramitrodaya. 



§ Raghunandana in Vyavahara-tatwa. \\ Same in Bivya-tatwa. t SmrUi Chandrici. 



** Vr'ha$pati, cited in Sin. Chand. ff Menu, 8. 10. 11. JJ Vrlhatpati, in Mil. Calp. and Madli. 



