व्यवहारमयूख (नीलकण्ठ भट्ट - पश्चिमी भारत की हिन्दू न्याय-संहिता एवं व्यवहार कोष)

4 ] VYAVAHĀRAMAYŪKHA [ S I 1 6-3
[ M p 3 l 15-p. 4 l. 0
In this passage (the word) brāhmaṇa (means) one who is not
appointed (as a member of the court to decide causes) while sabhyas
(assessors) are those who are appointed (by the king to decide causes)
And to the same effect it has been said (Nārada p. 36 v 2)
One who knows dharma, whether appointed or not must speak out
(what the decision should be¹)
Bṛhaspati (278 v 12) declares the definition of (prāḍvivāka) a judge —
He who in a controversy asks questions and also cross-questions and
who is the first to speak (to a litigant) in a sweet manner is therefore
known as prāḍvivāka

• Vyāsa declares the definition of amātya (councillor)
  The king should appoint as amātya a person of the regenerate classes who
  knows all the śāstras who is not avaricious, who utters what is just who
  is a brāhmaṇa who is wise and to whom the office comes hereditarily
  In this passage the word dvija (a man of the regenerate classes) is used
  again (even after the word vipra a brāhmaṇa) for the purpose of including
  a kṣatriya or a vaiśya (for appointment as minister²) in the absence of a
  brāhmaṇa To the same effect (18) Kātyāyana
  Where there is no learned brāhmaṇa, (the king) should appoint a
  kṣatriya or a vaiśya who is proficient in dharmaśāstra (but he) should
  carefully exclude a śūdra
  And Yājñavalkya (2-2) says as regards sabhyas (members of the court)
  The king should appoint as members of the sabhā (court of justice)
  those who are endowed with Vedic learning who are learned in dharma
  (law) who speak the truth who do equal (justice) to friend and foe
  As regards their number Bṛhaspati (p 278 v 11) says
  That sabhā (court) where are seated seven five or even three brāhmaṇas
  who are conversant with worldly affairs and who are learned in the Vedas
  and in dharma (law) resembles (in holiness) a yajña (sacrifice)
  The same author (p 279 v 14) says
  The king should appoint as gaṇaka (accountant) and lekhaka (scribe)
  two persons who are versed in the principles of grammar (śabda) and
  lexicography (abhidhāna) who are proficient in reckoning (casting figures)
  who are pure and who are acquainted with various alphabets
  1 On the words 'appointed and sabhya vide notes to V M. pp. 10-11
  2 Bṛhaspati, as quoted in the Vyavahāramātṛkā of Jīmūtavāhana says In a sacrifice
  is honoured Viṣṇu while in vyavahāra the king (is honoured) there (in sacrifice) the
  sacrificer is the successful (party) and the animal (sacrificed) is the vanquished party
  (as in a litigation) the plaint and the reply are the clarified butter and the conclusion is
  (havis) the offering the Śāstra (dharmaśāstra) is the Veda and the sabhyas are the sacrificial
  priests who receive dakṣiṇā (payment for acting as adjudicators)
  P 4 (text)