186 Apfendix to Account of Hindu Courts of Justice. 



also sits; people deem such an assembly similar to the court of the god with four f;iccs 

 (Bralimd).* 



" Accompanied by three assessors at the least ; not by so few as two or one.f 



" The assessors appointed should be three: for such is the import of the plural term. 

 But they may be more, either five, or else seven. J; 



" The implied sense is, that fewer than three should not be appointed, nor more 

 than seven. The uneven number is intended to show that, in case of disagreement, 

 the opinion of the greater number should be respected, since it is a rule, when the 

 many and the few disagree, that the judgment of the majority shall prevail : provided, 

 however, their qualifications be equal. But, if these be unequal, the opinion of the 

 best qualified ought to prevail; agreeably to the saying, 'even a hundred blind men 

 cannot see.'§ 



" Persons, possessing the qualifications described ; namely, conversant with philoso- 

 phy, grammar, and other sciences, familiar with the study of the vedas, acquainted with 

 the law, being versed in the sacred code of justice, endued with the quality of speaking 

 the truth, and impartial towards friends and foes, being divested of malice, affection, 

 or passion; should be appointed by the king assessors of the court (sabhdsad). They 

 should be induced by presents, reverence, and courtesy, to sit (sad) in the court (sabM) 

 or assenibly.il 



" They should be persons sprung of noble families ; descended both on the father's 

 and on the mother's side from ancestors free from any stain, such as that of a mixt class 

 or other debased origin.1I 



" By others (than such as described in the text), though formally appointed, yet 

 destitute of the requisite qualifications, if a decision consonant to law chance to be 

 passed, still it must be considered to be inconclusive.** 



" By valuable presents, by courtesy, and other conciliatory means, the king should 

 induce qualified persons not to decline silting in court for the trial of law-suits.ff 



" The assessors should be persons incorruptible by the parties in the cause, through 

 any means whatsoever. They should be such as cannot be gained by the litigant 

 parties.^:]: 



" Not to be influenced by the parties or litigants acting on their passions." 



^ 7. The Audience. 

 " Whether appointed or not appointed [to be a member of the court], one, who is 

 skilled in jurisprudence, has a right to speak : for he, who lives in strict observance of 

 the law, delivers a speech, which the gods approve :5§ or [as the reason is given by 

 another author] for that which he deliberately pronounces in the court, is doubtless 

 conformable with the law. || || 



* Cull. Bh. on Menu, 8. 10. 11. f Dh\ Bh. in Sm. Ch. | Mil. on Yijn. 



§ Mitr. mis'r. in Viramitr. \\ Mil. on Yajn. If Ragh. in Vyav. tatwa. 



** Calpalaru. f f Dcv. Bh. in Sm. Ch. XX Lucshm. in Calp. 



^ yireda, 1. § 2. 2. Vaiishfha, cited in Sm. Chand. \\\\ Vrihaspati, cited in Calpataru. 



