xvii founded only on subtle ingenuity. He will moreover see that in one place doubts are ingeniously thrown upon established doctrines and principles laid down by unquestionable authorities, and in another he will find a corroboration of the same doctrines and principles. He will very often find no decision on a point, but only the discordant opinions of several authors of several schools. Under such circumstances he only who knows the established doctrines of the different schools can safely make use of the work. It is for the above and other reasons that unfavourable opinions have been expressed by the European scholars who have written on the Hindu law."
- The opinion of Mr. Henry Colebrooke is as follows : “ In the preface to the translation of the Digest L hinted an opinion unfavourable to the arrangement of it, as it has been executed by tle 11ative compiler. I have been confirmed in that opinion of the compilation, since its publication ; and intleed the author's niethod of discussing together the discordant opinions maintained by the lawyers of the several schools, without distinguishing in an intelligible manner which of them is the received doctrine of each school, but on the contrary lenving it uncertain whether any of the opinions stated by him do actually prevail, or which doctrine Inust 11ow be considered to be in force and which obsolete, renders his work of little utility to persons conversant with the law, and of still less service to those who are not versed in Indian jurisprudence ; especially to the English reader, for whose use, through the medium of translation, the work was particularly intended.” Preface to
the 12ayàbhàga, pp. ii, iii. “ It consists,” says Sir Thomas Strange, “ like the Roman Digest, of texts, collected from the works of authority extant in the Sanscrit, language omly, having the names of their several authors prefixed, together with an ample commentary by the compiler, founded for the most part upon the former ones. That its arrangement was not, on its first appearance, satisfactory to the learned, and that the cominentary abounds with frivolous disquisitions, as well as with the discordant opinions of different schools, not always sufficiently distinguished, rests upon the best authority, that of the learned translator ; by whom its utility, for the purpose for which it was planned, is well nigh′ disclaimed. It is long, therefore, since it was characterised, hot unhappily, as “the best law book for counsel, and tho worst for a judge.” But, in whatever degree, Jagannottha's Digest may have fallen in estimation, as w book to be used with advantage in our courts, and especially in those to the Southward, it remains a mine of juridical learning, throwing light upou every question on which it, treats, whatever attention it may require in extracting it.”—Str. H. L. vol. i. pp. xvii—xix. The author of the Considerations on the Hindu Law remarks :-" The plan of Sir Willianu Jones may have been excellent. but the czecution of it foll to the share of Jagannottha. He has given us the contents of all books indiscriminately. That he should have reconciled-contradictions or made anomalics consistent, was not to be expected; but we are often the worse for his sophistry, and seldom the better for his reasoning. His incessant attempts to display proficience in logic and promptitude in subtility, he might have spared without regret to his readers."— Cons. JV. JL. p. viii. 變 The author of the Summary of the Laws and Customs of the Hindus remarks:—“The Digest of Jagannottha, translated by Mr. Colebrooke, although other subjects are occasionally adverted to, is nominally confined to the law of contracts and successions ; and the frequent oceurrence of jarring texts and obseure eominentaries forms a great objection to it as a work of particular reference.”—Ibid. pre. p. v. I concur however with Mr. Morley in the opinion that—“Notwithstanding the unfavourable opinions of the Vivādabhangūrnava, pronounced by its learned translator and others, there is no doubt but that it contains an immense mass of most valuable information, more especially on the law of contracts, and will be found eminently useful by those who will take the trouble of familiarising themselves with the author's style and method of arrangemont.” The accuracy of the learned translator's remarks,—that for the reasons noticed by him, the work is of little utility (even) to persons conversant with the law, may be questioned. Persons conversant with the Hindu law, as current in the different schools, seeing an opinion with the name of its nuthor may recollect or discover to what school he belongs; nor can it be difficult for them to know whether that opinion prevails in any school or is become obsolete. At any rate, they will find in the book almost all the important texts of almost all the ancient and modern works, with eomments or expositions so numerous, curious, and interesting that no work in existenee can impart half the information or knowledge which Jagannātha's Digest does. Aud possessed of this immense mass of opinions and information they can easily select those justly referrible to each of the sebools : those conversant with the doctrines of the Hindu law as current in the different schools cannot therefore fail to
