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POLITICAL HISTORY OF N. INDIA FROM JAIN SOURCES
Kumārapala-pratibodha of Somaprabhasűri, Kumārapāla in the fourth prahara of the day (about 3 P.M.), took his seat on the throne in the royal court and attended the business of state, heard appeals from the people and passed judgments on them. Somadeva says that cases decided in the village tribunals or city tribunals should be put before the king for appeal,2 which shows there were other types of courts also. The king was the highest court of appeal and in all judicial matters the final decision rested with him. Written appeals to the king were allowed, says Vasudevahindas (c. 6th cent.) The term used for a law suit in our text is vyavahāra.
Juries: Somadeva refers to sabhyas with whose help the king (sabha pati) administered justice. It is said that a king should be careful to select them. The sabhyus should never indulge in greed and favouritism; they must always offer wholesome counsel to their sovereign. From this it appears that the sabhyas of Somadeva must have been juries of the court. Somadeva does not refer to any procedure which the court followed, in deciding the case.5
Evidence: But he prefers that the cases should be supported by documentary evidence. Bhukti (possession), sākşi (witness) and śasana (deed or charter), these three were known as infallible evidences. The disputed possession and witness and false deed are always the point of controversy.6
Oath: Somadeva believes in oaths in deciding the case. In law courts, a Brāhmana is to take the oath by touching his sacred thread or a piece of gold; a Ksatriya by touching a weapon, a jewel, or the ground etc.; a Vaisya by touching his ear or gold, a Sūdra by touching milk or corn. The idea, we are told, is that the forms of oath should be according to the profession of the person concerned.?
Like the Smytis the Nitivákyāmyta knows ordeals as parts of judicial procedure.8
Punishment: It is one of the chief topics of political science. Its importance is enormous. But punishment by a king ought to be like the
I GOS., XIV, Introduction, p. xiii. 2 Nitivā., P. 302: ath gt at T1 ER: 3 Bhavanagar edition, p. 253: FETTU IH TI 4 Nitivā., p. 302. 5 Ibid., pp. 295-296: B iat ! 6 Ibid., p. 298: : 18 T TARTE ? Ibid., pp. 305-307. 8 Ibid., p. 300.
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