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XVI, 7.
LEGAL PROCEDURE.
4. Let him reason properly regarding an offence; finally the offence (will become evident thereby).
5. He who properly reasons regarding an offence, in accordance with the sum of the science of the first two castes, is equitable towards all created beings.
6. And let him protect what has been gained ;
7. (Likewise) the property of infants (of the) royal (race).
XI, 5. But the phrase "when two parties have a dispute' may also indicate, as Krishnapandita suggests, that the king or judge shall not promote litigation, see Gautama XIII, 27. As Krishnapandita states, the Sätra may, however, mean also, 'When one case is being argued, let him not begin another (without finishing the first);' see Manu VIII, 43. Owing to the particular nature of the Sätra style and the inclination of the Brahmanical mind to doubleentendres, I do not think it improbable that the author may have intended, both in this and in the preceding Sätras, that his words should be interpreted in two ways.
4. Gautama XI, 23-24. I divide the words of the text, as follows, 'yathâsanam (i. e. yatha-âsanam) aparâdhohî; antena aparâdhah,' and interpolate syât at the end of the first clause.
5. Krishnapandita wrongly divides this Sätra into two, and wrongly adopts the reading of MSS. B. and E., consequently he obtains a sense only by the most astonishing tricks of interpretation. I read with MSS. Bh. and F., yathâsanam aparâdhohyâdyavarnayor vidyântatah, to which the reading of I. O. 913 âdyavarnayor vidhânatah points also. The meaning of the expression, 'according to the sum of the science of the first two castes,' I take to be according to the rules of sacred learning and of the mîmâmsa, which is peculiar to the Brâhmanas and of logic (ânvîkshiki) and polity (dandanîti), which are peculiar to or at least recommended to the particular attention of the Kshatriyas.
6. I read with MSS. Bh. and F., sampannam ka rakshayet. I consider this Sätra to contain an admonition addressed to the king for himself; see Manu VII, 99. Krishnapandita and B. read sapattram ka rakshayet, 'Let him protect that which is attested by writings,' i. e. the donations of former kings, attested by writings; see Vishnu III, 83.
7. Krishnapandita thinks that the rule refers to the property of
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