Hindu Law and Judicature | Page 3

Chandragupta, a S��dr��, and his dynasty, held sway over India from 315 to 173 B. C.: afterwards came Br��hmanical kings, the K��nwas, from 66 to 21 B. C.: whilst the mighty Gupta kings, from 150 to 280 A. C., were Vaisy��s.
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 Y��jnavalkya 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.
��ch��ra, ritual, comprises the distinctive cast-ceremonies, domestic and social usages, rites of purification, of sacrifice.
Vyavah��ra, may be called the juridical rules, embracing as well substantive law as the procedure and practice of legal tribunals.
Pr��yaschitta, 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 Y��jnavalkya's Dharma S��stra is not definitely or satisfactorily fixed. From internal evidence, it is doubtless much subsequent to Manu.
The data for conjecturing the period of Y��jnavalkya are;
1. Reference is made to Buddhist habits and doctrines, viz. the yellow garments, the baldhead, the Swabh��va (B. I. sl. 271, 272, and 349).
Hence, this Dharma S��stra must have been promulgated later than B. C. 500.
2. Reference is made to a previous Yoga S��stra promulgated by Y��jnavalkya (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 n��n��ka (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 Y��jnavalkya's code towards the middle of the first century after Christ.
FOOTNOTES:
[Footnote 6: See his paper Zur Geschichte der Indischen Gesetzb��cher (Contributions to the history of the Indian law-books) in Weber's Indische Studien, vol. I, pp. 232 to 246.]
[Footnote 7: Y��jnavalkya, 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 Y��jnavalkya, lord of Yog��s,[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 Yog��s, who then abode in Mithil��, 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 Pur��nas, the Ny��ya, the Mim��ns��, the Dharma S��stras, and the six Angas.[17]
4. Manu, Atri, Vishnu, H��r��ta, Y��jnavalkya, Usanas, Angiras, Yama, ��pastamba, Sanvarta, K��ty��yana, Brihaspati,
5. Par��sara, Vy��sa, Sankha, Likhita, Daksha, Gautama, S��t��tapa, and Vasishtha,[18] are they who have promulgated Dharma S��stras.
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. Br��hmans, Kshattriyas, Vaisy��s and S��dr��s 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 Br��hman [takes place]; of Rajas[28] in the eleventh; of Vaisy��s in the twelfth: some [have said, this varies] in accordance with [the usage of] the family.
39. Br��hmans, Kshattriyas, and Vaisy��s 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 S��dr��, 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,