Hindu Law and Custom (Recht und Sitte) c10.12

c10.12

§ 46. *Other courts in the state.* Even the oldest Smrtis permit the king's being represented by a learned Brahman who is to investigate and decide the law-suits for him (Gaut. 13, 26; Vi. 3, 73; Vas. 16,² etc.). Details about the position and the function of the chief judge (*prāḍvivāka*, *adhikṛta*, *adhyakṣa*, *dharmādhyakṣa*, *sabhāpati*), who assists the king when he is present and represents him when he is absent, may be derived from the later sources. The name Prāḍvivāka is derived in this way: he questions (*prcchati*) the parties and then gives his verdict (*vivecayati*). As an expert surgeon removes the thorn or morbid matter out of a wound, even so the Prāḍvivāka should remove the thorn of injustice out of a law-suit by means of investigations and enquiries. In caste he should be Brahman or at least belong to one of the higher castes, the Śūdras are absolutely excluded from the post of a judge. His knowledge should comprehend not only the 18 titles of law along with their sub-divisions but also extend to logic and other sciences and to Śruti as well as to Smṛti. He should also be determined, firm, patient, virtuous, impartial, pious, kind-hearted and of a good family. As insignia of his position he carries the seal (mudrā) of the king, which is particularly necessary for the summons of the parties; the court conducted by him is therefore called *mudrita* "furnished with the royal seal" (Bṛh. 1, 3, 12, 24 ; Nār. 1, 3, 16 ; Quot. 1 1 etc.).