Hindu Law and Judicature | Page 4

Yájnavalkya
also the judicial system and the state of classes as they already obtain.[31]
352. A ruler, a minister, people, a stronghold, treasure, [power of] punishment, and allies--because these are its elements, a realm is called seven-limbed.
353. When possessed of this, let a monarch cause punishment to fall on the guilty; for, of old, justice was created by Brahm�� under the form of punishment.[32]
357. A brother even, or a son, any one to whom respect is due, a father-in-law or maternal uncle, if he transgress, is not to go unpunished by the monarch.
358. The monarch who punishes such as deserve punishment, who slays such as deserve death: he is as one who has made many sacrifices with valuable offerings.[33]
359. Every day should the monarch, pondering on his reward (such as sacrifices gain), himself investigate law-suits in their order with the judges around him.
360. The monarch, always duly correcting [those among] the casts, the mixed classes, the guilds, the schools[34] [of the learned], and the people [in general], who have deviated from their duty, should set them in the [right] path.
361. A particle of dust in the sunbeams, as they shine through a window, is held to consist of three atoms; eight of those [particles] are equal to a poppy seed, of which three are equal to a black mustard seed;
362. Three of these to a white mustard seed, three of these to a barley seed of middle size, three of these to a Krishnala berry,[35] five of these to a M��sha,[36] sixteen of these to a Suvarna.[37]
363. A Pala is four or five[38] Suvarnas. Two Krishnalas are a silver M��sha; sixteen of the latter, a Dharana.
364. A Satam��na and a Pala are each equal to ten Dharanas: a Nishka is four Suvarnas: a copper Pana is of the weight of a Karsha.[39]
365. One thousand and eighty Panas is declared the highest fine; half of that amount the medium fine; and half of this the lowest fine.
366. Reproof, words of ignominy, fine, and death,[40] shall be administered, singly or together, according to the crime.[41]
367. [The monarch] having informed himself of the crime, the place where, and the time when [committed], the strength [of the criminal, his] age, calling, and means, shall cause punishment to fall upon the guilty.[42]
[Inverted "therefore" symbol] The foregoing extracts, it will have been observed, are of general application, and do not refer to any part of the law in detail. Several slokas in the first book, however, and some in the third, do refer to and affect the details of law, which are the proper subject of the second book, where therefore they are inserted, according to their subject.
FOOTNOTES:
[Footnote 10: This is the general subject and title of the first book; but the following slokas are selected as introductory of and with reference to civil and municipal law.]
[Footnote 11: Pre-eminent, divine sages; probably the great Rishis, the first-created of Brahm��, mentioned in the opening verse of Manu.
In the third book (sl. 186--189) two classes of Munis are described, of whom one, after blessed experience of Heaven, return to Earth, and the other are to continue in the abodes of bliss until the destruction of the universe. These latter are the publishers of the Vedas, Upanishads, S��tras, Pur��nas, in fine of all records of knowledge through the medium of language.]
[Footnote 12: These (according to Hindu notions) have withdrawn their senses from external things by, as it were, mental concentration, fixing the thoughts, without change or wavering, upon the soul in its relations with the Supreme Being.]
[Footnote 13: viz.--the brahmach��ri, the student of the Vedas,
the grihastha, the head of a family.
the v��naprastha, who has retired from active life, to the forest.
the sany��s��, whose duty it is to pass his time in meditating upon Brahm��, so as to attain to the state of a Yog��.]
[Footnote 14: i. e. the mixed casts. (M.)]
[Footnote 15: Manu, ch. 2, sl. 23.]
[Footnote 16: The Commentator explains this by a word which signifies cause or source.]
[Footnote 17: IV. Vedas, of which there are four, each being divided into sanhit�� and br��hmana.
V. Pur��nas, these (of which there are 18) treat of the origin and destruction of the world, mythological stories and genealogies, and the doings of the early Hindu monarchs.
VI. Ny��ya, one of the six orthodox systems of Hindu philosophy, treating especially of logic and dialectics.
VII. Mim��ns��, there are two Mim��ns��s: the first (purva) treats of the rules of duty, as derived from the Vedas, the second or subsequent (uttara) treats of Brahm��, the universal cause and soul.
VIII. Dharma S��stras, viz. Manu, Y��jnavalkya, &c., the subject being divided into, 1. Ritual and moral conduct (��ch��ra); 2. Law and judicature (vyavah��ra); 3. Expiations (pr��yaschitta).
XIV. Angas, six treatises, viz., pronunciation, grammar, prosody, explanation of obscure terms, religious rites, astronomy. These are considered appendants of the Vedas. The word angas signifies,
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