190 Appexdix to Accounl of Hindu Courts of Justice. 



ouglit to be slain, perforniSj as it were, a daily sacrifice with a hundred thousand 

 gifts.* 



" A sovereign, wlio chastises tliose who should be chastened, and duly puts to death 

 those who deserve capital punishment, performs a sacrifice with a hundred thousand 

 gifts.t 



" A king, who inflicts punishment on such as deserve it not, and inflicts none on tViose 

 who deserve it, brings great infamy on himself, and shall go to a region of torment4 



" Surely neither the king's brother, nor his son, nor his father-in-law, nor his 

 uncle, should be exempted from penalty for infringing their respective duties.§ 



" A king is pronounced equally unjust in releasing one who merits punishment and 

 punishing one who deserves it not; he is just who always inflicts the penalty ordained 

 by law. II 



" As for the maxim that the king is the dispenser of distributive justice, it is in- 

 tended to show, that he is exclusively invested with power to impose pecuniary penal- 

 ties and inflict corporal pains ; for reproof and imprecation may be used b}' the chief 

 judge also; but the king alone is competent to exact a fine from one who is liable to 

 amercement, and slay a man who deserves capital punishment. Reproof and impreca- 

 tion are not restricted, because they are intended only for correction. Accordingly, after 

 mention of the king or a veiy learned hrahmmi'a, as the proper persons to decide suits, 

 the legislator adds, ' both reproof and imprecation are declared to be within the compe- 

 tence of the priest; but pecuniary and corporal punishment appertain to the functions 

 of the sovereign.'f It must be inferred that the judges and arbitrators, whether sitting 

 in a stationary or in a moveable court, have only power to pass a decision ; for by this 

 text they are not competent to inflict any punishment whatsoever.** 



" The chief duty of a prince invested with sovereignty by consecration and inaugura- 

 tion, is the protection of his people, and that cannot be effected without restraining 

 the wicked; nor can these be detected without inspecting judicial proceedings. There- 

 fore should forensic affairs be daily inspected, as enjoined by the authorff in a preced- 

 ing passage. ' Reflecting apart on the reward of daily administering justice, equal to 

 that of a solemn sacrifice, the king should day by day inspect law-suits in person, sur- 

 rounded by assessors.'JI 



" Daily, except on the fourteenth day of every semi-lunation, and other excepted 

 times.§§ 



" Let not the king do that which is inconsistent with revealed or memorial law, nor 

 what is injurious to living beings : if that, which is so, be practised, let him check such 

 conduct. Whatever has been inadvertently done, contrary to justice, by another mo- 

 narch, let him redress according to maxims ordained by traditional law. || || 



• J/otk, 8.306. \ Y6jnyawtilci)a,\.Zm. J; il/nm, 8. 128. 



$ Yajnyawalci)a,\.:im. \\ jU«i«, 9. 249. 1[ The author is not named. 



** MUr. mis'r. in Viramilr. f f Yajnijawalci/a. %X Milicshara. §§ Smr ti Chandrica. 



II II Nureda, 18. 9. 10. Yama, cited in Vt/av. Chint. and Catydyana, quoted in other compilations. 



