Hindu Law and Judicature | Page 3

Chandragupta, a Súdrá, and his dynasty, held sway over India from 315 to 173 B. C.: afterwards came Bráhmanical kings, the Kánwas, from 66 to 21 B. C.: whilst the mighty Gupta kings, from 150 to 280 A. C., were Vaisyás.
The code of Manu presents a disarranged mass of regulations, in so much that some have supposed the disorder to have been designed.
That conclusion, however, is repelled by the comparatively succinct arrangement of Yájnavalkya and other sages. It is more consistent to suppose, that Manu, as originally promulgated, was, from time to time, added to, with an accidental disregard of method.
áchára, ritual, comprises the distinctive cast-ceremonies, domestic and social usages, rites of purification, of sacrifice.
Vyavahára, may be called the juridical rules, embracing as well substantive law as the procedure and practice of legal tribunals.
Práyaschitta, expiations, are the religious sanctions, or penalties of sin; the divine visitation upon offenders, and the mode in which the sinner may avert, by atonement, the consequences of divine vengeance.
The date of Yájnavalkya's Dharma Sástra is not definitely or satisfactorily fixed. From internal evidence, it is doubtless much subsequent to Manu.
The data for conjecturing the period of Yájnavalkya are;
1. Reference is made to Buddhist habits and doctrines, viz. the yellow garments, the baldhead, the Swabháva (B. I. sl. 271, 272, and 349).
Hence, this Dharma Sástra must have been promulgated later than B. C. 500.
2. Reference is made to a previous Yoga Sástra promulgated by Yájnavalkya (B. III, sl. 110). Now, the Yoga philosophy was first shaped into a system by Patanjali who, according to Lassen, probably flourished about 200 B. C.
3. Mention is made of coin as nánáka (B. II, sl. 240). Now, the word nano occurs on the coins of the Indoscythian king, Kanerki, who, according to Lassen, reigned until 40 A. C.
The result, though indefinite, places the earliest date of Yájnavalkya's code towards the middle of the first century after Christ.
FOOTNOTES:
[Footnote 6: See his paper Zur Geschichte der Indischen Gesetzbúcher (Contributions to the history of the Indian law-books) in Weber's Indische Studien, vol. I, pp. 232 to 246.]
[Footnote 7: Yájnavalkya, ch. I, sl. 3 to 5.]
[Footnote 8: We have followed Mr. Elphinstone (Hist. ch. 1) in the orthography of this word: it is from the Portuguese casta, breed, race.]
[Footnote 9: See Lassen's Indische Alterthumskunde, vol. II, p. 510.]

SELECTED SLOKAS OF THE FIRST BOOK.
RITUAL AND MORAL CONDUCT.[10]
1. The Munis[11] after adoration to Yájnavalkya, lord of Yogís,[12] thus addressed him:
Reveal to us the several duties of the casts, of the orders,[13] and of the others![14]
2. The prince of the Yogís, who then abode in Mithilá, meditating for a moment, said to the Munis: Hearken to the rules of duty in the country of the black antelope![15]
3. There are fourteen repositories[16] of the sciences and of law; the four Vedas together with the Puránas, the Nyáya, the Mimánsá, the Dharma Sástras, and the six Angas.[17]
4. Manu, Atri, Vishnu, Háríta, Yájnavalkya, Usanas, Angiras, Yama, ápastamba, Sanvarta, Kátyáyana, Brihaspati,
5. Parásara, Vyása, Sankha, Likhita, Daksha, Gautama, Sátátapa, and Vasishtha,[18] are they who have promulgated Dharma Sástras.
6. When a gift is made, in due season, place and manner, in good faith and to a fit person--all this gives the idea of Law.
7. The Sruti, the Smriti,[19] the practice of good men, what seems good to one's self,[20] and a desire maturely considered--these are declared to be the root[21] of Law.
9. Four learned in the Vedas and in the Law form a Court, or Traividya.[22] Whatever is declared by this [Court], or by a single person who has, in an eminent degree, knowledge of the soul in its relations[23]--the same should be [held as] Law.
10. Bráhmans, Kshattriyas, Vaisyás and Súdrás are the casts: of them the three first are twice-born; all their rites, commencing with the procreative rites, and ending with those [which are gone through] where the corpse is disposed of,[24] are with Mantras.[25]
14. In the eighth year from conception, or in the eighth [of birth],[26] the investiture[27] of the Bráhman [takes place]; of Rajas[28] in the eleventh; of Vaisyás in the twelfth: some [have said, this varies] in accordance with [the usage of] the family.
39. Bráhmans, Kshattriyas, and Vaisyás are born, first, of their mothers, and, a second time, by the girding on of the sacred thread--therefore are they declared to be twice-born.
116. [Men] are to be honoured in the gradation following,--in respect of learning, conduct, years, family, property. Even a Súdrá, if he excel in these respects, is in old age worthy of honour.
326. The monarch, at his rising [from the night's repose], having seen to the [general] safety, shall himself inspect the [account of] revenue and disbursements; he shall then adjudicate law-suits; after which, having bathed,[29] he may, at his pleasure, take his meal.[30]
342. Of a newly subjugated territory, the monarch shall preserve the social and religious usages,