State and Government in Ancient India c19.3

c19.3

Administration of justice, however, did not form a part of the state's duties in early times. In Europe as well as in India the aggrieved party had itself to take such steps as it could in order to get its wrongs redressed. Distraint of the defendant or the accused by the plaintiff, his sitting before the latter's house and not allowing him to move out till his claim was satisfied or wrong righted (*dharaṇa*) was a well established practice as much in ancient England and Ireland as in ancient India. One of Alfred's laws says, 'Let the man who knows his foe to be home sitting fight not before he has demanded justice of him. If he has power to beset his foe and besieges him in his house, let him keep him there for seven days, but not attack him in his house, if he remains indoors. If then after seven days he be willing to surrender and give up his weapons, let him be kept for 30 days and let notice be given to his kinsmen and friends. But if the paintiff have not the power of his own, let him ride to the elderman, and if the elderman will not aid him, let him ride to the King before he fights'.¹ This will show how king's courts as such hardly existed in England in the 10th century and how the aggrieved party had to rely on the strength of himself and his friends.