Hindu Law and Custom (Recht und Sitte) c10.1

c10.1

§ 45. *The king as judge.* The administration of justice,¹ the punishment of the criminal, appears to be one of the chief duties of a good king. If the punishable person remains unpunished the king shall fast one day and he shall fast three days if an innocent person is punished (Vas. 19, 40-43). In order to pass the right judgment he should learn the right law for each caste from authoritative persons and in doubtful cases take the advice of learned Brahmans (Gaut. 11, 22-26). Every day the king shall repair to the hall of justice in the company of learned Brahmans and experienced councillors and courtiers and there sitting or standing shall examine the cases of the complainants (M. 8, 1 f.; Y. 1,359 etc.). This patriarchal method of administering justice can go so far that the king even with his own hands may strike down a confessing thief with an iron club (Gaut. 12, 43-45 etc.). The king is also advised not to begin a law-suit himself (M. 8, 43) because the fines are a lucrative source of income to the king. He must throw into water the money of those fines which were unlawfully imposed or he shall give to the Brahmans thirty times that amount (M. 9, 244; Y. 2, 307). The king superintended also the performance of the Prāyaścittas of the religious law (§ 47).