Appendix to Account of Hindu Courts of Justice. IS7 



" One who is not appointed (nor is qualified to act as judge) must on no account 

 speak at the trial of a law-suit : but by him, wlio has been appointed, an impartial 

 opinion ought to be given.* 



" Either the court must not be entered, or law and truth must be openly declared ; 

 but that man is criminal who either says nothing, or says what is false and unjust.f 



" Either the court should not be entered ; either the duty of inspecting law-suits 

 should not be accepted ; or, if it be accepted, the truth should be spoken. When the 

 judges are deciding unjustly, the wise do not approve the silence of one even who has 

 approached the court of his own accord, not being regularly appointed.^ 



" One, who is conversant with the law, has a right to declare his opinion, though 

 he be not formally appointed to assist at the trial.§ 



" If the king, notwithstanding proper and legal advice, given by the constituted 

 judges, should act unjustl}', he must be checked by them, else they incur blame. 

 Again, if persons, who are not formally appointed, tender wrong advice, or none, 

 blame falls on them ; but not for omitting to check the king when he persists in acting 

 illegally, li 



" The court should be surrounded by a few men of the commercial tribe, assembled 

 in a group, persons mild and well disposed, advanced in years, of good families, opu- 

 lent, and devoid of malice.51 



" Merchants should be hearers of what passes at the trial of causes.** 



" To restrain the populace, the court should be encompassed by a few men of the 

 mercantile tribe,ff forming a throng."Jf 



§ 8. The Domestic Priest or Spiritual Adviser. 



" The king should appoint for his domestic priest, a diligent and faithful l)rahman'a, 

 conversant with sciences and sacred duties, disinterested, and rigidly veracious.§§ 



" For releasing a criminal who ought to have been punished, the king must fast 

 one night; and his domestic priest three. But, for inflicting pains on one, who should 

 not have been chastised, the domestic priest must observe the severe fast ; and the king, 

 that which lasts three nights. || || 



" A domestic priest must be appointed by the king for the inspection of judicial 

 proceedings, in like manner as he is delegated for the celebrating of lustrations and 

 other religious ceremonies.f If 



" Only one domestic priest is appointed. The singular number therefore is here 

 purposely employed : for the object is attained by a single appointment. 



" The king should be checked by the domestic priest, if he act unjustly, partially, 

 or perversely. Accordingly Vasisht'ha ordains penance for the domestic priest, as well 

 as for the king, when the penal law has been contravened."*** 



• Nareda, 1. ^ 2. 1. f Menu, 8. 13. Narcda 1. § 2. IG. J Mcdhatit'hi on Menu. 



$ Vuchespali mU'ra. || Mil. on Yujn. H Cati/uyana, cited in tile Sm. Cliand., &c. 



•* Ibid. -f-f MHucihiira. XX Madhaviya. §§ Vi/asa, cited in Sm. Chand. 



III! Vusisht'ha, 19. It M'llra vds'ra'm Viramitrudat/a. *** Dei'. Sh.'m Sm. Chand. 



2 B 2 



