Produced by Sankar Viswanathan and the Online Distributed Proofreading Team at http://www.pgdp.net (This book was produced from scanned images of public domain material from the Google Print project.) Transcriber's note: 1. The spelling, accents, and diacritical marks of Sanskrit words was not consistent through the book. These have been made consistent. 2. The corrections noted in the Corrigenda on page v have been made in the text. HINDU LAW AND JUDICATURE FROM THE DHARMA-ŚÁSTRA of YÁJNAVALKYA In English WITH EXPLANATORY NOTES AND INTRODUCTION BY EDWARD RÖER, ph. D., M. D. AND W. A. MONTRIOU, BARRISTER. Calcutta: R. C. LEPAGE & CO., BRITISH LIBRARY. London: R. C. LEPAGE & CO., 1, WHITEFRIAR'S STREET, FLEET STREET 1859. * * * * * PREFACE. The immediate incentive to this undertaking was, a knowledge, or at least a strong impression, that a connected and explanatory translation of the rules of jurisprudence[1] in the Dharma Śástra of Yájnavalkya was a practical want. Such impression was coincided in, and therefore proved correct, by a long list of local subscribers eminently qualified, by position and experience, to decide. Dr. Röer is responsible for the fidelity of the rendering, so far as depends on knowledge of the Sanscrit language and literature, of Hindu mythology and philosophy. Mr. Montriou has aided, so far as enabled by juridical acquirements and experience. The language of translation has, therefore, been a joint labour, often the result of much and anxious discussion, and, if not unfrequently but a choice of doubtful alternatives, yet, always a choice made with pains and circumspection. The text we have generally followed is Stenzler's[2] which is based on and selected from two MSS. in the royal library at Berlin and two editions published in Calcutta.[3] We have not neglected constant comparison with Stenzler's German translation as well as with the several detached passages as translated by Colebrooke and W. Macnaghten. Words within brackets ( [ ] ) are not in the original text. References to, and extracts from, the standard commentary upon Yájnavalkya, the Mitákshará, necessarily form the staple of our notes. All such extracts are distinguished by the initial (_M._), and the author of the commentary we invariably refer to as, the Commentator.