CHAPTER V.

_Administration of Justice among the Indians._

Religious Matters.--All affairs which relate to religion are determined by the Brahmans alone, in the presence of their _Sarvavèda_, or high-priest. The king, who, as is well known, does not belong to the sacerdotal cast, acts here the part of a _Kshetria_, and never gives his vote till the Brahmans have sufficiently examined the case before them, and delivered their opinions. The assembly or society who deliberate and determine upon it, is called _Yòga_. Each member of it has a voice. Their decision is considered to be infallible; and those who oppose it are expelled from the society. These _Yògas_ take cognizance of all disputes which arise in regard to betrothing, marriage, settlements to daughters, and other things of the like kind, as well as of all offences committed against religion or the cast. Hatred, enmity, abortions, giving blows without shedding blood, quarrels between parents and children, in a word, all affairs which have even the remotest connexion with religion, are brought before this tribunal. Every man has the right of defending himself, of making a reply, and of employing an advocate without being obliged to pay lawyers’ fees or to consume paper; for every thing is done _vivâ voce_. The members of the _Yòga_ sit upon mats; but the parties must stand.

Civil and Criminal Affairs.--These are determined only by the king and his servants. The punishment of the gallows is appointed for the following criminals:

1st, The _Svàmidròhi_, that is, those who excite insurrections, or meditate the death of the king.

2d, The _Bramahanda_, those who kill a Brahman.

3d, The _Madruhanda_, those who commit matricide.

4th, The _Pidruhanda_, those who murder their father, uncle, or any other relation.

5th, The _Mànuszahanda_, all murderers in general.

6th, The _Gòhanda_, those