Transcriber's note:
1. The spelling, accents, and diacritical marks of Sanskrit words was not consistent through the book. These have been made consistent.
2. The corrections noted in the Corrigenda on page v have been made in the text.
HINDU LAW AND JUDICATURE
FROM THE
DHARMA-ŚÁSTRA
of
YÁJNAVALKYA
In English
WITH EXPLANATORY NOTES AND INTRODUCTION
BY
EDWARD RÖER, ph. D., M. D.
and W. A. MONTRIOU, barrister.
Calcutta:
R. C. LEPAGE & CO., BRITISH LIBRARY.
London:
R. C. LEPAGE & CO., 1, WHITEFRIAR'S STREET, FLEET STREET
1859.
PREFACE.
The immediate incentive to this undertaking was, a knowledge, or atleast a strong impression, that a connected and explanatorytranslation of the rules of jurisprudence[1] in the Dharma Śástraof Yájnavalkya was a practical want.
Such impression was coincided in, and therefore proved correct, by along list of local subscribers eminently qualified, by position andexperience, to decide.
Dr. Röer is responsible for the fidelity of the rendering, so far asdepends on knowledge of the Sanscrit language and literature, of Hindumythology and philosophy. Mr. Montriou has aided, so far as enabled byjuridical acquirements and experience. The language of translationhas, therefore, been a joint labour, often the result of much andanxious discussion, and, if not unfrequently but a choice of doubtfulalternatives, yet, always a choice made with pains and circumspection.
The text we have generally followed is Stenzler's[2] which is based onand selected from two [ii]MSS. in the royal library at Berlin and twoeditions published in Calcutta.[3]
We have not neglected constant comparison with Stenzler's Germantranslation as well as with the several detached passages astranslated by Colebrooke and W. Macnaghten.
Words within brackets ( [ ] ) are not in the original text.
References to, and extracts from, the standard commentary uponYájnavalkya, the Mitákshará, necessarily form the staple of our notes.All such extracts are distinguished by the initial (M.), and theauthor of the commentary we invariably refer to as, the Commentator.
At the same time, we have not blindly or implicitly followed thiscommentator. In some sense all Hindu glosses are untrustworthy guides.They assume the text to be the language of inspiration; and, as theseveral Dharma Śástras not merely differ, but often dispose of thesame subject in a contradictory manner, Pandits deem it their duty toreconcile all discrepancies, how forced soever their interpretationsmay be. In passages so dealt with, we have endeavoured to give theplain meaning of the original text.
We gratefully acknowledge the obliging assistance, in research,enquiry, and suggestion, [iii]occasionally afforded, in the progress ofour task, by Babus, Chandra Saikhur Dev[4] and ShyámácharaṇaSircar.[5]
E. R.
W. A. M.
August 1858.