Hindu Law and Judicature Part 2

the _vanaprastha_, who has retired from active life, to the forest.

the _sanyasi_, whose duty it is to pa.s.s his time in meditating upon Brahma, so as to attain to the state of a Yogi.]

[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 _sanhita_ and _brahma?a._

V. _Pura?as_, 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. _Nyaya_, one of the six orthodox systems of Hindu philosophy, treating especially of logic and dialectics.

VII. _Mimansa_, there are two Mimansas: the first (_purva_) treats of the rules of duty, as derived from the Vedas, the second or subsequent (_uttara_) treats of Brahma, the universal cause and soul.

VIII. _Dharma Sastras_, _viz._ Manu, Yajnavalkya, &c., the subject being divided into, 1. Ritual and moral conduct (_achara_); 2.

Law and judicature (_vyavahara_); 3. Expiations (_prayaschitta_).

XIV. _Angas_, six treatises, _viz._, p.r.o.nunciation, grammar, prosody, explanation of obscure terms, religious rites, astronomy.

These are considered appendants of the Vedas. The word _angas_ signifies, limbs.]

[Footnote 18: To these twenty many others have to be added, Narada, &c.: see Introduction.]

[Footnote 19: Sruti are the Vedas; Smriti, the Dharma Sastras: 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 Vedanta.]

[Footnote 24: Which, in the time of our author, meant, the place of cremation. In the third book, sl. 1, 2, Yajnavalkya 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, _smasana._]

[Footnote 25: Texts of the Vedas to be recited on solemn occasions.

See a.n.a.logous pa.s.sage, 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 Krish?ala.

_Gold._

5 Krish?alas = 1 Masha.

16 Mashas = 1 Suvar?a.

4 Suvar?as = 1 Pala.

_Silver._

2 Krish?alas = 1 Masha.

16 Mashas = 1 Dhara?a.

10 Dhara?as = 1 Pala or Satamana.