Hindu Law and Judicature | Page 5

limbs.]
[Footnote 18: To these twenty many others have to be added, N��rada, &c.: see Introduction.]
[Footnote 19: Sruti are the Vedas; Smriti, the Dharma S��stras: such is the definition of Manu, ch. 2, sl. 10.]
[Footnote 20: The Commentator qualifies this indefinite source of law, as applicable only where two or more lawful alternatives are presented.]
[Footnote 21: Further explained by the Commentator, the evidence or proofs of law; and he adds, the several proofs mentioned, where they clash, are of weight and authority according to their precedence, e.g. Sruti the highest, the mature desire the lowest, Manu, ch. 2, sl. 6, 12.]
[Footnote 22: Which means, having knowledge of the three Vedas. See Manu, ch. 12, sl. 110 to 113.]
[Footnote 23: To explain or enlarge upon this metaphysical phrase would be out of place in the present work. The curious student can refer to the Upanishads and the Ved��nta.]
[Footnote 24: Which, in the time of our author, meant, the place of cremation. In the third book, sl. 1, 2, Y��jnavalkya says:--A child under two years of age is to be buried, nor shall water be offered; every other deceased, being followed by his relatives to the place for disposal of the dead, shall there be burned.
It was certainly otherwise at the period of the Vedas (vide Die Todtenbestattung im indischen Alterthum. German Oriental Society's Journal, Vol. VIII. pp. 467--475): the paraphrase in the text is the meaning of the term used, smas��na.]
[Footnote 25: Texts of the Vedas to be recited on solemn occasions. See analogous passage, Manu ch. 2, sl. 16.]
[Footnote 26: So we supply the hiatus in the text, in conformity with the opinion of the Commentator. Manu makes no allusion to the alternative, ch. 2, sl. 36.]
[Footnote 27: Induction into the character and privileges of his cast, by means of the sacred thread.]
[Footnote 28: who, being Kshattriyas, here represent the cast.]
[Footnote 29: at mid-day. (M.)]
[Footnote 30: Manu ch. 7, sl. 216.]
[Footnote 31: ibid, 201 et seq.]
[Footnote 32: ibid, 13, 41.]
[Footnote 33: Manu ch. 8, sl. 306.]
[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 Krishnala.
Gold.
5 Krishnalas = 1 M��sha.
16 M��shas = 1 Suvarna.
4 Suvarnas = 1 Pala.
Silver.
2 Krishnalas = 1 M��sha.
16 M��shas = 1 Dharana.
10 Dharanas = 1 Pala or Satam��na.
4 Suvarnas = 1 Nishka.
Copper.
4 Karshas = 1 Pala.
1 Pana = 1 Karsha i. e. 1/4 Pala.
They by no means satisfactorily define the intrinsic weight and signification of the Pana, 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 Dharana. We can only reconcile this by supposing Manu to refer to a gold Pala and Y��jnavalkya 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 br��hmans, adjudicate law-suits, according to the Dharma S��stras.
2. He shall appoint judges perfect in the Vedas and in science,[44] versed in the Dharma S��stras, 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 br��hman 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