Hindu Law and Judicature from the Dharma-Sástra of Yájnavalkya — John Shaqi
Hindu Law and Judicature from the Dharma-Sástra of YájnavalkyaYajñavalkya
Religion
Hindu Law and Judicature from the Dharma-Sástra of Yájnavalkya
Yajñavalkya
Hindu law
[Footnote 34: The Commentator explains the general expression here
used by the word _haituka_, of which one meaning is that given in the
text, but it also signifies, those who do not believe in the Vedas.]
[Footnote 35: _retti_ or _gunja_, a shrub bearing a small red and
black berry. Wilson.]
[Footnote 36: A sort of kidney bean, _phasealus radiatus._ Wilson.]
[Footnote 37: About 176 grains Troy weight. Wilson.]
[Footnote 38: Manu says four.]
[Footnote 39: These tables of weight, as further explained by the
Commentator, may be given thus:
3 Atoms = 1 Mote.
8 Motes = 1 Poppy seed or a nit.
3 Poppy seeds or 3 nits = 1 Black mustard seed.
3 Black mustard seeds = 1 White mustard seed.
3 White mustard seeds = 1 Barley corn.
3 Barley corns = 1 Krishṇala.
_Gold._
5 Krishṇalas = 1 Másha.
16 Máshas = 1 Suvarṇa.
4 Suvarṇas = 1 Pala.
_Silver._
2 Krishṇalas = 1 Másha.
16 Máshas = 1 Dharaṇa.
10 Dharaṇas = 1 Pala or Śatamána.
4 Suvarṇas = 1 Nishka.
_Copper._
4 Karshas = 1 Pala.
1 Paṇa = 1 Karsha _i. e._ 1/4 Pala.
They by no means satisfactorily define the intrinsic weight and
signification of the Paṇa, which, as the measure of pecuniary
penalty, would seem to be the chief if not sole object of their
introduction.
In the corresponding slokas of Manu, ten Palas are said to be
equivalent to one Dharaṇa. We can only reconcile this by supposing
Manu to refer to a gold Pala and Yájnavalkya to a silver Pala.]
[Footnote 40: The Commentator remarks, that this includes every kind
of corporal punishment.]
[Footnote 41: Manu, ch. 8, sl. 129, 130.]
[Footnote 42: ibid, sl. 126, also ch. 7, sl. 16. In the last passage,
Sir Wm. Jones has added to the term, strength, _his own_; this we
consider to be an error, at any rate it is not a mere translation, and
we have applied the term used, _viz._ _strength_ simpliciter,
differently.]
THE SECOND BOOK
LAW AND JUDICATURE.
1. Let the monarch,[43] free from anger or thought of gain, in
conjunction with learned bráhmaṇs, adjudicate law-suits, according
to the Dharma Śástras.
2. He shall appoint judges perfect in the Vedas and in science,[44]
versed in the Dharma Śástras, such as speak truth and bear
themselves alike to friend and foe.
3. If the monarch, from press of other business, cannot adjudicate, he
shall appoint a bráhmaṇ versed in the whole law, [to preside] with
the judges.[45]
4. Should the judges, from partiality, from love of gain, or from
fear, act in anywise contrary to law or usage;[46] each one [so
acting] shall be amerced in double the value of the suit.
5. When one who is aggrieved by others, in any way contrary to law or
usage, makes a representation to the monarch; this is matter for a
law-suit.
6. The representation, as made by the plaintiff, is to be put in
writing, in presence of the defendant; the year, month, half-month,
day, names, cast, &c.,[47] being given.
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