Hindu Polity: A Constitutional History of India in Hindu Times c45.10

c45.10

was that it was the lawyers who were appointed Judges, and lawyers as a rule were from amongst the Brahmins. It was in the classical period (1,000 B.C.—500 B.C.) while the Hindu king was putting or had put on a new garb, that the Brahmin transformed himself from the humble position of the 'Repeater of Songs' ('Brāhmaṇa') into a political estate. The priest-Brahmin became distinct from the Brahmin of politics and ordinary life. The two divisions are clear in the Śatapatha Brāhmaṇa. At the coronation ceremony, as we have seen, after the consecration the priest as such does homage to the king, and the Brahmin as an estate of the Society does homage along with the Kshatriyas and others. The class which was midway between the priestly and the non-priestly Brahmins was of the Mahāśāla Brahmins (§ 282), the Brahmins of study and action. They mainly devoted their energies to sciences like *dharma*, law, politics and cognate subjects. In the Jātakas we have the Purohita politician and Brahmin ministers as embodiments of political wisdom and moral rectitude. To this class belonged the judges. Under the common law the culprit who had committed a crime was to be punished by the king. But under dharma law he was also to be punished for the sin implied in the crime.¹ The latter jurisdiction was relegated to the Brahmin. Not only that he was an expert in the matter, but also as Brahmin culprits were to be dealt with they were to be judged by one who was their equal and who could have no hesitation in punishing them in matters of dharma delinquency. The Brahmin for the dharma administration was thus absolutely necessary. We find this jurisdiction being exercised by the Purohita in the Jātakas. He at the same time heard and decided, sitting along with other officers (probably non-Brahmins), cases of secular law. Law proper and law ecclesiastical in administration tended to unite into one and unite in the hand of the Brahmin judge. And the Brahmin was fairly above the influence of the king.