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75 Chap. II.] HINDOO SECTS. 75

coffins, and burying them or committing them to some sacred stream. The ad. —

Dasnami Dandis, regarded as descendants of the original fraternity, derive their origin from the celebrated teacher Sankara Acharya, who figm-es much in the The Dandis. religious history of Hindoostan, though his influence lias been overrated. The period when he flourished cannot be fixed with certainty, but seems to have been about the eighth or ninth century. From him ten classes of mendicants have descended. Three of these and part of a fourth, regarded as the only genuine Sankara Dandis, are numerous at Benares and in its vicinity, and besides distinguishing themselves as able expounders of the Vedanta, have rendered important service to different branches of Sanscrit literature. Others of them are notorious as sturdy beggars, and claiming a close connection with the Brahmins, never fail, when a feast is given to them, to appear, and insist on a share of the good things which have been provided.

The Yogis are so called from the Yoga or Patanjala school of philosophy, The Yogis. which maintains the practicability of acquiring, even in this life, entire com- mand over elementary matter. The modes of accomplishing this are very varioas, consisting chiefly "of long - continued suppressions of respiration; of inhaling and exhaling the breath in a particular manner ; of sitting in eighty- four different attitudes ; of fixing the eyes on the top of the nose, and endeavour- ing by the force of mental abstraction to effect a union between the portion of the vital spirit residing in the body and that which pervades all nature." On effecting this union, the Yogi, though in a human body, is liberated "from the clog of material incumbrance." He can make himself light or heavy, vast or minute, as he pleases ; traverse all space, animate a dead body, render himself invisible, become equally acquainted with present, past, and future, and by final union with Siva exempt himself from all future transmigration. Few Yogis lay claim at present to this perfection, and therefore, as a substitute, most of them content themselves with mummeries and juggling tricks which cheat the vulgar into a belief of their powers. One of these tricks, of which the explanation has not been discovered, is sitting in the air and remaining for a considerable 'period under neater. One individual has made extraordinary displays of this kind, but the secret has not been communicated to his feUow-devotees. As a popular sect the Yogis acknowledge Gorakhnath as their founder. He pro- bably flourished in the beginning of the fifteenth century. They are usuallv called Kanphatas, from having their ears bored and rings inserted in them at the time of their initiation.

The next important sect of Saivas is that of the Lingayets or Jangamas, TheLinga- whose essential characteristic is the wearing a representation of the Linga on some part of their dress or person. They are very numerous in the Deccan, but are rarely met with in Upper India except as mendicants, " leading about a bull, the living type of Nandi, the bull of Siva, decorated with housings of various colom-s, and strings of cowrie shells." Accompanying a conductor, who carries a


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 76 bell in his hand, they go about from place to place, subsisting upon alms. The

Paramahansas, another sect, pretend to be solely occupied with the investigation

of Brahma, or spirit, and to be equally indifferent to pleasure or pain. Some, in proof of having acquired this perfection, go naked in all weathers, never speak, and never indicate any natural want. They are hence fed by their attendants, as if they were helpless as infants. Under this pretended helplessness much knavery is practised. But superstition assumes a still more offensive form in the Aghoris. Their original worship was paid to Devi, in some of her more terrific forms, and is said to have consisted partly in offering human victims. Hence they assumed a corresponding appearance, and carried about for a wand and water-pot a staff set with bones and the upper half of a human skull, The abominable worship has long been suppressed, but traces of it still exist in disgusting wretches who go about extorting alms. They eat and drink

whatever is offered to them, should it be carrion or ordure. With the latter they smear their bodies, and carry it about with them in a wooden cup or skull, either to swallow it, if by so doing they can gain a few pice, or to throw it on the persons or into the houses of those who refuse to comply with their de- mands. They also inflict gashes on their limbs, that the crime of blood may rest on those who deny them charity ; and by means of this and similar devices, work upon the timid and credu- lous Hindoo. Other Saivas are distinguished by similar though less disgusting enormities, and practise the tortures which have been mentioned in describing the festivals of Kali and Juggernaut. Thus the Urdhabahus are the devotees who extend one or both arms above their heads till they remain of themselves thus elevated,

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77 Chap. II.] HINDOO SECTS. 77

and allow their nails to grow till they completely perforate the hand ; and the a.d.

Akasmukhis hold up their faces to the sky till the muscles of the back of the neck become contracted and retain it in that position.

The Saktas, or worshippers of the Sakti, the wives, or active energies of TheSaMas. the male deities, are numerous among all classes. If their bias is in favour of the supremacy of Vishnu, their worship is offered to Lakshmi; on the other hand, if the bias is towards Siva, the worship is offered to Parvati, Bhavani, or Durga. In Bengal the latter worship is by far the more popular. Saras- wati, also, is not so much forgotten as Brahma her lord; and among the populace generally a great number of malevolent and hideous demons are regularly worshipped. One great authority for the Sakti worship is the Brahma Vaivartta Purana, one section of which, the Prakriti Khanda, is devoted to the subject. According to it, Brahma having determined to create the universe, became twofold — the right half male, and the left half female. The latter was Prakriti, illusion, eternal and without end, and under her various forms, chiefly of Durga, Lakshmi, and Saraswati, has produced all other female existences. Besides her principal avatars, she has also subdivided herself into almost endless portions, and thus given rise not only to the whole body of god- desses, and nymphs of every order, but to every creature, human or brutal, of the female sex : while Purusha, the other half of Brahma, has in like manner given rise to all males. Another still more important series of authorities for the Sakti worship are an immense body of writings called the Tantras, which those who follow them regard as a fifth Veda, as ancient as the others, and even of superior authority. A few of them may have existed before the tenth cen- tur}^, but most of them are of recent origin, and appear to have been written chiefly in Bengal and the eastern districts. They are all in the form of a dialogue between Siva and his bride, the former in answer to questions proposed by the latter, explaining, under a strict injunction of secrecy to all but the initiated, the various ceremonies, prayers, and incantations that are to be employed.

The leading sect of the Saktas forms two branches, the Dakshinacharis and Leading

brtinoliGS of

Vamacharis, or the followers of the right-hand and left-hand ritual. The Dak- saktas. shinacharis, called also Bhaktas, have the credit of worshipping agreeably to Vaidik or Puranik ritual, and abstaining from the impure practices of other votaries of Sakti. Their ball or oblation should consist only of pulse, rice and milk, with what are called the three sweet articles — ghee, honey, and sugar ; but many make offerings of blood, particularly kids killed by decapitation, except where the still more barbarous practice is used of pummelling the animal to death with the fists. The immense carnage at the festival of Kali, already described, is part of the worship of the Dakshinacharis, and it is therefore difficult to draw the line of demarcation between them and the more heterodox branch of Vamis or Vamacharis. After what has been said, it is obvious that the shedding


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78 HISTORY OF INDIA.

[Book IV.

Orgies of the Sakti worshiii.

AD. — or non-shedding of blood cannot be the main distinction; and accordingly we learn that the left-hand worshippers are guilty of abominations which they dare not publicly avow, and practise in secret orgies. One of the least objec- tionable forms is where the adept goes alone at midnight to a place where dead bodies are buried or burned, or where criminals are executed, and then, seated on a corpse, makes the usual offerings to Siva's consort. If he does this with- out fear, the Bhutas, Yogines, and other male and female goblins become his slaves. On other occasions, where a naked female is worshipped as a represen- tative of the Sakti, men and women meet together, and are guilty of the most scandalous excesses. The Soldi So dhana or Sri Chakra, at which these excesses are chiefly committed, is expressly prescribed by one of the Tantras ; but Pro- fessor Wilson, while admitting that " it is said to be not uncommon, and by some of the more zealous Saktas it is scarcely concealed," differs from Mr. Ward as to its ordinary character, and asserts that " it is usually nothing more than a con- vivial party, consisting of the members of a single family, at which men only are assembled, and the company are glad to eat flesh and drink spirits under the pretence of a religious observance." Be this as it may, it is allowed on all , hands that the Vamacharis, while admitting all classes indiscriminately, without distinction of caste, "are very numerous, especially among the Brahminical tribe." The worst suspicions of the real character of the sect are justified by the fact that many of its members, ashamed or afraid to avow their connec- tion with it, " conceal their creed and observe its practices in privacy." The Keraru. The Only otlicr sect of Saktas requiring notice is that of the Keraris who

were at one time notorious for sacrificing human victims to some of the hideous

personifications of Siva's consort. The .only persons who can now be considered representatives of the sect are "miscreants who, more for pay than devotion, inflict upon themselves bodily tortures, and pierce their flesh with hooks or spits, run sharp- pointed instruments through their tongues and cheeks, recline upon beds of spikes, or gash themselves with knives ; all which practices are occasionally met with throughout India, and have become familiar to Europeans from the excess to which they are carried in Bengal at the Charak Pujahs."

Of the sects classed as miscellaneous, our notice will be confined to the two most important — the Sikhs and the Jains. The former, indeed, as they will again make their appearance in a political character, may at present be disposed

Fakir on Bed of Spikes— From Gold's Oriental Drawings.

Miscellane- ous sects.


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79 Chap. II. j HINDOO SECTS. 79

of summarily. They take the name of Nanak Shahis, from their founder Nanak a.d. — Shah, who was born in 14G9 at Talwandi, now Rayapur, situated in the Punjab, on the banks of the Beyah or Hyphasis. He had early shown strong devo- tional feelino-, which increased as he grew up. Though a Hindoo by birth, he The sikhs,

'^ _ and their

was early brought into connection with the Mahometans, and seemed at first founder Na- disposed to embrace their faith by becoming a fakir ; but neither the Hindoo nor Mussulman creed satisfied him ; and after a long course of travels, during which he visited the most celebrated places of worship of both religions, he became an independent religious reformer, took up his residence at Khutipur Dekra, on the banks of the Ravee, and died there, after performing numerous miracles. His great object is said to have been to reconcile the jarring principles of Hindooism and Mahometanism, by recommending to the followers of both exclusive attention to the great principles of " devotion to God and peace towards men." The only means he employed for this purpose was " mild persuasion." His doctrines, after receiving many modifications from his successors, were moulded anew by Govind Sinh, who succeeded his father, Tegh Behadur, as sat-guru or chief spiritual leader, in 1675, and ranks as the tenth in descent from Nanak. The persecutions which the Sikhs had suffered from the Mahometan rulers had changed their peaceful character, and converted their tenets into a kind of military code. Govind Sinh followed out this policy, and placed it on a firmer basis. Nanak, in order to conciliate the Hindoos, had left their civil institutions untouched. Govind Sinh adopted a bolder course ; and in order to arm the whole population against the Mahometans, with whom he and his fol- lowers were at open war, proclaimed his determination to admit converts from every tribe, and make worldly wealth and rank equally accessible to all. One of his sayings was, that the four classes — Brahmins, Cshatriyas, Vaisyas, and Sudras, "would, like pan (betel-leaf), chunani (lime), supari (betel-nut), snidkhat (terra japonica or catechu), become all of one colour when chewed." Instead of the peaceful spirit of Nanak, he made war the profession of all his followers, binding them " always to have steel about them in one shape or other." Nanak admitted that Mahomet was a prophet "sent by God to this world to do good, Leading

1611 GtS Ol

and to disseminate the knowledge of one God through means of the Koran; but Nanak. lie, acting on the principle of free-will which all human beings exercise, intro- duced oppression and cruelty, and the slaughter of cows, for which he died." He added — " I am now sent from heaven to publish unto mankind a book, which shall reduce all the names given unto God to one name which is God ; and he who calls Him by any other, shall fall into the path of the devil, and have his feet bound in the chains of wretchedness." After adverting to the hatred sub- sisting between Mahometans and Hiadoos, he continues thus — " I am sent to reconcile your jarring faiths, and I implore you to read their scriptures as well as your own; but reading is useless without obedience to the doctrine taught; for God has said. No man shall be saved except he has performed good works.


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80 80 HISTORY OF INDIA. [Book IV.

A.D. — The Almighty will not ask to what tribe or persuasion he belongs. He will only ask, What has he done? Therefore, those violent and continued disputes which subsist between the Hindoos and Moslemans, are as impious as they are unjust."^

GovindSiDh. Govind Sinh, while adopting the leading principle of Nanak as to the accept- ableness of all sincere worship to the supreme Being, is chiefly distinguished from him bv the abolition of the distinction of castes, the mode of admittino- proselytes, and not only permitting the use of arms, but making it the religious duty of all his followers. As to the mode of admitting a proselyte, it may be suflicient to mention, that he required him to clothe himself from head to foot in a blue dress, to allow his hair to grow, put into his hand five weapons — a sword, a firelock, a bow, an arrow, and a pike ; and after reading some of the first chapters of a work composed by Nanak, and of another composed by him- self, concluded the initiation by exclaiming — Wa! Guruji ha Khalsa! Wa! Guruji lei Fateh {Success to the state of the Garu! Victory attend the Guru!) The forms still observed differ little from the above. At present, the Sikhs consist of seven distinct branches, all professing to follow the doctrines of Nanak, though separated by diflferences in practice or the choice of a teacher.

Different The Ulasis, professing, as their name denotes, indifference to worldly vicissitudes,

braiiclies

of siidis. are purely religious characters, devote themselves to prayer and meditation, prac- tise celibacy, and are usually collected in sanjats, colleges, or convents. They may be regarded as the genuine disciples of Nanak. The Suthrek Shahis, dis- tinguished by wearing a perpendicular black streak down the forehead, and carrying two small black sticks, aljout half a yard long, which they clash together when they solicit alms, lead a vagabond life, begging and singing songs, mostly of a moral or mystic tendency. They bear a bad name, and must deserve it, as many of them are gamblers, drunkards, and thieves. The great body of the nation are both politically and religiously Govind Sinhs, or fol- lowers of the celebrated chief of whom some account has been given. In addi- tion to what has been said of their tenets, it will be sufficient here to observe, that though they have their own sacred books and eat all kinds of flesh, except that of kine, and treat the distinction of castes as imposture or delusion, they are still, to a certain extent, Hindoos. They worship Hindoo deities, celebrate Hindoo festivals, and derive their legends and their literature from Hindoo sources.

The Jains. fjij^g rcHgion of Buddha, who, as we have seen, is often ranked as one of the

avatars of Vishnu, at one time gained an ascendency in India, and has left in many parts of the country, and particularly in some of the rock cave.s, remark- able monuments of its power and popularity. These having brought it into collision with the Brahmins, a fierce contest ensued, and terminated in its expul- sion. In many adjoining countries, it still holds undisputed sway, and counts

' Sir John Malcolm's Sketch of the Sikhs, Asiatic Researches, vol. .i. p. 274, 275.


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81 Chap. II.]

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81

its followers by hundreds of millions; but in India its extermination has been so a.d. — complete, that it has almost ceased to be one of its existing forms of religion. Before it fell, however, a kindred faith, exhibiting many of its peculiar features, had arisen, and after many vicissitudes it still maintains its ground. The faith The Jains. referred to is that of the Jains, who form a large section of the Hindoo popula- tion, and are still more influential by wealth than by numbers. Holding much in common with Brahmins and Buddhists, and at the same time differing with them in several important particulars, they may be regarded as intermediate to both. In all the three religions, the final blessedness aspired to is a state of perfect apathy, differing more in name than in reality from absolute annihilation, and the ordinary process of attain- ing it is by a series of transmigrations, previous to which, or in the intervals between them, the good enjoy the solace of various heavens, and the bad suffer the torments of numerous hells. The only other prominent point in which they all agree, is in their tenderness of animal life. In regard to this point, however, the Jains and Buddhists take much hicjher ground than the Brahmins ; and in order to guard against the accidents by which animal

life might be unintentionally destroyed, employ numerous precautions of an extravagant and ludicrous nature. They must not drink water until it has been thrice strained; nor leave any liquor uncovered lest an insect should be drowned in it; nor eat in the dark lest they should swallow a fly. Their priests and devotees are still more scrupulous — wearing a piece of cloth over their mouths to prevent insects from flying into them, and carrying a brush to sweep any place on which they are about to sit down, and thus give ants, or any other living creatures that may be upon it, timely warning of their danger. Even this does not satisfy them ; and as if to show the extreme absurdity to which scrupulosity, when it has taken a particular direction, may be carried, the Jains, in particular, have actually built and endowed hospitals for the reception of animals of all kinds. Fleas, maggots, and similar vermin, are specially favom-ed, and parts of the establishment are set apart for their habitation and maintenance. It is even said, though it is difficult to credit the statement, that the more zealous devotees occasionally pass the night in these places, in order to regale the inmates with a feast on their own persons.

The views which the Jains take of the divine nature border, like those of the Buddhists, on atheism. Without actually denying the existence of God, they

render their belief of it unavailing, by denying his activity and providence, and Vol. II. 100

Jains. — From original drawing in E. I. House.


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82 82

HISTORY OF INDIA.

[Book 3V.

AD.

Nature of worsliip jf the Jaius.

Their prac- tice as to caste.

Their par- tial respect fortheVedas

by reserving their divine honours for deified saints. In this respect their system is peculiar. These saints, who by practices of self-denial and mortification, acquire a station superior to that of the gods, are called Tirtankeras. Their aggregate number cannot be defined, but they are conceived to rule for a certain period only, and in classes, each of which consists of twenty-four individuals. There are thus twenty-four who presided over the past period or age, twenty- four actually presiding over the present, and twenty-four who are destined to preside over the future. The whole seventy-two are enumerated by name, but those only presiding over the present attract much attention. Even among them, for some reason not well explained, a choice has been made ; and in Hin- doostan, the worship of the Jains is confined almost exclusively to Parswanath, the twenty-third, and Mahavira, the twenty-fourth, on the list of present Tir- tankeras. The statues of all, however, sometimes of colossal size, and usually of white or black marble, are placed in the temples, and receive such adoration as the Jains are disposed to bestow. This is very meagre ; for while the Yatis or devotees dispense with outward acts of worship at pleasure, the lay votaries are only bound daily to visit a temple in which Tirtankeras are placed, walk round it three times, accompany an obeisance to the images with some trifling offering, and repeat some short form of prayer or salutation.

In regard to caste, the Jains act inconsistently. They have no hereditary priesthood, and leave it accessible to men of every class; but their members have distinctions among themselves, which, though they have not the name, are castes in efi*ect, since the members of these difl*erent divisions avoid intermar- riages and other intercourse with each other. Moreover, in the south and west of India, the distinction of caste is in full operation among them, in the same manner as among other Hindoos ; and even in the north-east, it is not so much abolished as in abeyance. This is proved by the fact, that a Jain becoming a convert to Tlindooism takes his place in one of the castes, as if he had always belonged to it. This necessarily implies that he must all along have retained proofs of his descent.

The point which must have brought both Buddhists and Jains into most direct collision with the Brahmins, is their rejection of the authority of the Vedas, and of their fundamental doctrines in regard to worship. The rejection of the Bud- dhists is absolute, admitting of no compromise; but the Jains, according to their usual mode of proceeding, have taken an intermediate course. In so far as their tenets are countenanced by the Vedas, they readily avail themselves of their support, and appeal to them as if they were of infiillible authority ; but the moment a competition arises between the doctrines of the Vedas and their own practices, and either the one or the other must be abandoned, they have no dif- ficulty in making their choice. For instance, the oblations by fire, which form so important a portion of the regular Hindoo ritual, are regarded by the Jains as an abomination, both because they are often the prelude to bloody sacrifices,

II


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83 Chap. II.] HINDOO SECTS. 83

and also because the fire employed can hardly fail to occasion even uninten- ad. —

tionally a destruction of animal life.

The Jains have no monastic establishments, and profess to follow a moral Mokii system code of great simplicity, consisting of five miahavratas or great duties, four merits, and three restraints. The duties are, refraining from injmy to life, truth, honesty, chastity, and freedom from worldly desires ; the merits are, liberality, gentleness, piety, and penance ; and the restraints are, government of the mind, government of the tongue, and government of the person. Their system seems to have originated about the sixth or seventh century, to have become powerful about the ninth, when Buddhism was suppressed, to have attained its greatest pro- sperity in the eleventh, and to have begun to decline in the twelfth. Its followers are still numerous, particularly in Gujerat, Rajpootana, and Canara, and, num- bering among them many bankers and opulent merchants, possess a large por- tion of the commercial wealth of the country.

In the course of this brief sm-vey of the Hindoo religion, it is impossible not Hindooism

not fixed,

to have been struck with the numerous changes of form which it has undergone, but variable. As it was originally brought into India by strangers, its very first introduction was a great and successful innovation on the behefs of the earher inhabitants. As unfolded in the Yedas, it assumes the form of an almost pure theism, or acknowledges only personifications of the elements as emblems of deity. In course of time, the Hindoo triad appears, and Brahma, Vishnu, and Siva, recog- nized as three distinct forms of one God, or three distinct beings sharing the godhead among them, become the great objects of worship. The process of multiplication then begins to be rapidly carried on, and the pantheon becomes crowded with myriads of fabulous existences, male and female, embodying in their persons all imaginable qualities, virtuous as well as vicious. The old gods of the triad were then involved in a struggle for supremacy. Brahma first gave way, and ceased to have any external worship paid to him. Vishnu and Siva, though they at first seemed to fare better, ultimately shared a similar fate, their place being usurped partly by the consorts arbitrarily given to them, and partly by younger deities, who, though said to be only their avatars or incar- nations, did, m fact, push them from their stools and reign in their stead. Idolatry now had full scope, and the mere image became, instead of a figurative itsnumerous representation of some spiritual nature, the very god himself, being lodged and clothed, and fed, and served, as if it were a living being. Amid this degeneracy, a so-called orthodoxy was still recognized ; but numbers disdained to be bound by its rules, and sects, setting them at nought, sprung up in every quarter. Many of these sects, though of comparatively recent origin, have gained multi- tudes of converts ; and Hindooism, instead of forming one compact whole, con- sists, in fact, of discordant religions in almost endless variety, battling with each other for supremacy or existence. Nothing, therefore, can be more erroneous than the representation often given. Hindooism, we are told, is one of the


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84 St

UISTORY OF INDIA.

[Book IV.

A.D.

Hope o" tiii.al over- tlirow of Hlndooism.

most ancient things now existing in the world ; and while all around has been decaying, it has stood firm and unshaken. The inference meant to be drawn is, tliat it is equally hopeless and sacrilegious to attempt its overthrow. To this representation and inference it is sufficient to reply, that the whole history of Hindooism records only a series of changes, by means of which it has been deprived of all that ever gave it any claim to veneration. As it now exists, it is not one uniform system, but a thing of shreds and patches — not a religion bear- ing the impress of a high antiquity, but a grovelling superstition, full of mon- strosities and abominations, many of them of a comparatively recent date. It has thus neither the respectability nor the stability which great age might have given it ; and therefore there is good reason to hope, that its power of resistance to the efforts made to overthrow it, becoming gradually weaker and weaker, it will at no distant period tumble into ruins. No one who desires the welfare of India can wish for any other result ; and no one who confides, as he ought, in the power of divine truth, will despair of its accomplishment.

CHAPTEE IIT.

The Government of the Hindoos,

ly^^^-^A;

Suliject of Hindoo gOT- eniment still impor- tant.

OYERNMENT will in this chapter be taken in its most general acceptation, and will include not merely the form of government, properly so called, but the administration of it in its various departments, civil and military, judicial and fiscal. A subject so

^ wide requires far more space than can be here allowed to it, and yet it seems necessary to make some apology for mentioning it at all. Since British supremacy was established in India, Hindoo government has ceased to exist, and it may therefore be thought that any account given of it can only gratify curiosity without furnishing information of practical value. This infer- ence is plausible — so plausible, indeed, that the East India Company, in the early management of the territories acquired by them, acted upon it, and thought they were giving their new subjects the best proof of their wisdom and justice by endeavouring to govern them in accordance with Eiiroj^ean ideas. It was not long, however, before they discovered their mistake, and learned, by an experience which cost them dear, that a thorough accpiaintance with the prin- ciples on which government had previously been conducted was absolutely neces- sary, in order both to conciliate good-will and prevent gross mismanagement. Even after they had arrived at this conclusion, many serious mistakes were committed, and it would not be difficult to trace some of the worst grievances


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85 CnAP. III.] HINDOO GOVERNMENT. 85

of which the population of India have had to complain, to rash tampering with a.d. —

the modes of government to which they had been accustomed, and the rights

which they had acquired under them. After the lapse of nearl}^ a century,

there is reason to suspect that, within the limits of the three provinces of which

the dewannee was obtained by Clive from Shah Alum, abuses still exist, and

much unintentional injustice is committed, merely because the tenures under

which property was held and occupied in early Hindoo times were imperfectly

understood. So far, therefore, from thinking that the subject of the present

chapter might have been omitted, our only regret is, that it must be treated

within limits bearing no proportion to its intrinsic importance.

In form Hindoo government was an absolute monarchy, the nature of which Hindoo gov- ernment IS fully described in the Institutes of Menu. The rajah or king, though presumed monarciiicai.

to rule in accordance with a code of written laws, is represented as holding his power immediately from the Supreme Being, and subject to no restraint but that which his sense of duty or fear of the consequences of misgovernment might impose. As if he were of a different nature from his subjects, he is said to have been formed " of eternal particles drawn from the substance of Indra, and seven other named divinities;" and in consequence ".surpasses all mortals in glory." "Like the sun, he burns eyes and hearts; nor can any human creature even gaze on him." " He is a powerful divinity, who appears in a human shape." He must not suppose, however, that he is born only for himself He was created, because, " if the world had no king, it would quake on all sides through fear;" and because, if the guilty were not punished, "the stronger would roast the weaker, like fish on a spit." His great duty therefore is, to "prepare a just compensation for the good, and a just punishment for the bad." The latter of these two appears to be regarded as the more important and effi- cacious, and is hence eulogized in such terms as the following: — "Punishment governs aU mankind; punishment alone preserves them; punishment wakes while their guards are asleep ; the wise consider punishment as the perfection of justice.''

Should the king, instead of faithfully discharging his duty, be "crafty, xoconstitu- voluptuous, and wrathful," he must not hope to escape with impunity; for "criminal justice, the bright essence of majesty, . . . eradicates a king who swerves from his duty, together with all his race ; punishment shall overtake his castles, his territories, his peopled land, with all fixed and moveable things that exist on it ; even the gods and the sages will be afflicted and ascend to the sky." In aU this, however, he suffers only by a kind of divine retribution. His own will, if he chooses to make it so, may be his only law. No hint is given of the existence of any con.stitutional check on the abuse of his power, and it is hence left to be inferred that if he played the tyrant his subjects were entirely at his mercy. Having no recognized right to call him to account for mis- conduct, they had no alternative but to submit, and wait patiently for the


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86 86 HISTORY OF INDIA. [Book IV.

AD - vengeance which in some shape, human or divine, would sooner or later over- take him. Moral re- The Unlimited power possessed by the king made it all the more necessary

straints on i i i i i • i • f

the king, that he should be surrounded with every species of moral restraint ; and accord- ingly the whole course of conduct which he ought to pursue is carefully pre- scribed. "Let the king, having risen at early dawn, respectfully attend to Brahmins, learned in the three Vedas and in the science of ethics." From Brahmins " who have grown old, who know the scriptures, who are pure, let him continually learn habits of modesty and composure." From Brahmins who know the three Vedas, " let him learn the triple doctrine comprised in them, together with the primeval science of criminal justice and sound policy, the subject of logic and metaphysics, and sublime theological truth ; from the people he must learn the theory of practical arts." But mere knowledge will not suffice ; and therefore "day and night must he strenuously exert himself to gain complete victory over his own organs," especially shunning the vices which proceed from love of pleasure and from wrath, and labouring to suppress " a selfish inclination which all wise men know to be the root of those two sets " of vices.

The king's Haviug becu thus instructed how to acquire the knowledge and self-com-

counseUors.

mand necessary for the discharge of his duty, the king is next told how to pro- ceed in actually administering the government. Since " even an act easy in itself is hard sometimes to be performed by a single man, especially if he have no assistant near, how much harder a kingdom with great revenues;" he must appoint a council of " seven or eight ministers, who must be sworn — men whose ancestors were servants of kings, who are versed in the holy books, who are personally brave, who are skilled in the use of weapons, and whose lineage is noble." The head or president of the council is to be a learned Brahmin; and though the king is constantly to be consulting with all its members " on peace and war, on his forces, on his revenues, on the protection of his people, and on the means of bestowing aptly the wealth which he has acquired," to the president alone as prime minister is he to give " full con- fidence" and "intrust all transactions." otiierprinci- Besidcs tlic couucil, wliose business is to deliberate, various other function-

pal func- ^ •11

tionaries. arics are necessary. In particular, there must be an ambassador, to transact " the business by which kingdoms are at variance or in amity ;" a commander- in-chief, by whom "the forces of the realm must be immediately regulated;" and "officers of criminal justice," for "the actual infliction of punishment." The ambassador being apparently regarded as the most important of all these func- tionaries, the qualities which he ought to possess, and the manner in which he ought to conduct himself, are specified. He must be "pure within and without, dexterous in business, and endued with an excellent memory ;" one " who knows countries and times, is handsome, intrepid, and eloquent." In the trans- action of affiiirs he must be able to " comprehend the visible signs and hints.


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87 Chap. III.J HINDOO GOVEENMENT. 87

and discovei' the acts of the foreign king, by the signs, hints, and acts of his ad. — confidential servants, and the measures which that king wishes to take, by his ministers."

After the appointment of proper officers, the next thing considered is the Tiie kmg-s selection of a locahty for the king's residence. On this subject a number of injunctions are given, of which the following are the most prominent: — "Let him fix his abode in a district containing open champaigns, abounding with grain, inhabited chiefly by the virtuous, not infected with maladies, beautiful to the sight, surrounded by submissive neighbours; a country in which the subjects may live at ease." Within this district he is to take up his residence, in a capital rendered difficult of access by natural or artificial barriers, as a desert, a mound of earth, water, trees, and above all, " a fortress of mountains," which is said to have "many transcendent properties." Here he may live secure, having built a fort, which he is recommended to do, because " one bow- man placed on a wall is a match in war for a hundred enemies ; and a hundred for ten thousand." The centre of the fort is the proper site for the royal palace, which is to be " well finished in all its parts, completely defended, habitable in every season, brilliant, surrounded with water and trees." Such a palace having been prepared for his mansion, the king is to establish his household, beginning with the choice of " a consort, of the same class with himself, endued with all the bodily marks of excellence, born of an excellent race, captivating his heart, adorned with beauty and the best qualities." The only members of the royal household specially mentioned are "a domestic priest," and "a performer of sacrifices."

The ordinary routine of the king's life while he resides in his palace deserves The king's to be described. Having risen " in the last watch of the night," or, as the same ^^^ thing is elsewhere expressed, "at early dawn," and performed his religious duties, he is to enter his hall, and standing there, "gratify his subjects before he dismiss them with kind looks and words." After they are dismissed he is to " take secret counsel with his principal ministers." For this purpose, and that he may be able to consult with them unobserved, he climbs up the back of a mountain, or goes privately " to a terrace, a bower, a forest, or a lonely place." This secrecy is deemed of paramount importance; for it is declared that " that prince, of whose weighty secrets aU assemblies of men are ignorant, shall obtain dominion over the whole earth." The other measures which the king takes to secure secrecy are rather curious. "At the time of consultation let him remove the stupid, the dumb, the bhnd, and the deaf, talking birds, decrepit old men, women, and infidels, the diseased and the maimed; since those who are disgraced (in this life by reason of sins formerly committed) are apt to betray secret counsel; so are talking birds; and so above all are women ; them he must for that reason diligently remove." After the consulta- tion, the king having taken exercise and bathed, retires at noon to his private


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88 88

HISTORY OF INDIA.

[EooK IV.

A.D. -

Tlie king's daily life.

Division of kingdom into mili- tary and civil dis- tricts.

apartment for the purpose of taking food. This ftxvourite employment must have lost much of its reli.sh from the precautions deemed necessary. " Let him," it is said, " eat lawful aliment, prepared by servants attached to his person, who know the difference of times and are incapable of perfidy, after it has been proved innocent, and hallowed by texts of the Veda repulsive of poison. Together with all his food let him swallow such medical substances as resist venom ; and let him constantly wear with attention such gems as are known to repel it. Let his females, well tried and attentive, their dress and ornaments having been examined (lest, says the commentator, some weapon should be con- cealed in them), do him humble service with fans, water, and perfumes." These precautions were not confined to the time of taking meals, for it is immediately added, " thus let him take diligent care, when he goes out in a carriage, or on horseback, when he lies down to rest, when he sits, when he takes food, when he bathes, anoints his body, and puts on all his habiliments." After eating, and '• having idled a reasonable time " in the recesses of the palace among his women, public affairs again occupy his attention, and he comes forth completely dressed, to "review his armed men, with all their elephants, horses, and cars, their accoutrements, and weapons." The mode of spending the remainder of the day is thus described : " At sunset, having performed his religious duty, let him privately, but well armed, in his interior apartment, hear what has been done by his reporters and emissaries ; then having dismissed those informers, and returning to another secret chamber, let him go, attended by women, to the inmost recess of his mansion, to his evening meal ; then, having a second time eaten a little, and having been recreated with musical strains, let him take rest early, and rise refreshed from his labour." The king's day, as now described, has left several intervals not filled up, and it is therefore necessary to mention, that any leisure which may remain to him, and more especially at noon, or at midnight, when "his fatigues have ceased and his cares are dispersed," he is enjoined to employ partly on his private affairs, such as the marriage of his daughters, the education of his sons, and the behaviour of his women in the private apartment, and partly in meditating alone, or holding converse with his ministers on important questions of ethics and policy.

For administrative purposes the whole kingdom is portioned out into mili- tary and civil districts. Over two, three, five, or a hundred of the military dis- tricts, according to their extent, is ])laced a body of guards, commanded by an approved ofiicer. The management of the civil districts being rather more complicated is more fully detailed. Ascending by a regularly graduated scale, the officers are ranked as follows: — "A lord of one town with its district, a lord of ten towns, a lord of twenty, a lord of a hundred, and a lord of a thousand." Each of these, beginning with the lowest, is enjoined to report on the state of his district to his immediate superior ; and in this way the actual condition of all tlie districts throughout the country being made knDwn, the


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89 Chaf. III.] HINDOO GOVEKNMENT. 89

means necessary for the suppression of any evils existing in them could be pro- a.d. —

vided. The salary or perquisite paid to the lord of one town consists of " such

food, drink, wood, and other articles as should be given each day to the king civii admin-

, istration.

by the inhabitants of the township." The payment of the other officers is arranged as follows: — To the lord of ten towns "the produce of two plough- lands" — that is, according to the commentator, the produce of as much ground as can be tilled with two ploughs, each drawn by six bulls ; to the lord of twenty towns, the produce of ten plough-lands; to the lord of a hundred town.s, the produce of a village ; and to the lord of a thousand, the produce of a large town. It is easy to conceive the abuses to which such a system must give ri.se, and hence to understand the necessity of an additional appointment explained as follows: — " In every large town or city let him (the king) appoint one superintendent of aU. affiiirs, elevated in rank, formidable in powei', distin- guished as a planet among the stars ; let that governor from time to time survey the rest in person, and b}^ means of his emissaries, let him perfectly know their conduct in their several districts. Since the servants of the king whom he has appointed guardians of districts are generally knaves, who seize what belongs to other men, from such knaves let him defend his people ; of such evil-minded servants as wring wealth from subjects attending them on business, let the king confiscate all the possessions, and banish them from his realm."

One of the principal duties assigned to these lords of towns was the collec- sources of tion of the public revenue, and to it therefore our attention must now be turned. The different sources from which it is derived are pointed out in the Institutes of Menu; but considerable changes have taken place since their date; and it will therefore be necessary, after making an abstract of the information which the Institutes furnish, to render it more complete by having recourse to later authorities. According to the Institutes the public revenue consisted of taxes on all kinds of agricultural produce and merchandise, a trifling annual exaction from petty traffickers, a day's work every month from " low handicrafts- men, artificers, and servile men, who support themselves by labour;" and a twentieth part, or five per cent, (not, as Elphinstone erroneously says, twenty per cent.^) on the estimated profit, of all sales. The mode in which the revenue was to be levied is thus explained : — "As the leech, the suckling calf, and the bee take their natural food by little and little, thus must a king diaw from his dominions an annual revenue." " Let him not cut up his own root, nor the root of other men by excess of covetousne.ss ; for by cutting up his own root lie makes both himself and them wretched." The taxes on traffic were to be levied after " having ascertained the rates of purchase and sale, the length of the way, the expenses of food and of condiments, the charges of securing the goods carried, and the nett profits of trade." On produce, and various other specified articles, the taxes were to be as follows: — "Of cattle, of gem.s, of gold and

' Elphinstoue's India, vol. i. p. 41. Vol. II. f. i jQj

revenue.


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90 laud

DO HISTORY OF INDIA. [Book IV.

A.D. — silver, a fiftieth part may be taken by the king, of grain an eighth part, a sixth or a twelfth" (said by the commentator to be regulated according to the differ- ence of tlie soil and the labour necessary to cultivate it), " He may also take a sixth part of the clear annual increase of trees, flesh meat, honey, clarified butter, perfumes, medical substances, liquids, flowers, roots and fruit, of gathered leaves, pot-herbs, grass, utensils made with leather or cane, earthen pots, and all thincjs made of stone."

Property in Agricultural produce, on which a maximum rate of a sixth might have been

levied, must have been by far the most productive of these taxes, but it has been maintained that the tax on produce was by no means the only revenue derived from land, because the property of the soil belonged exclusively to the king, and must have yielded him an immense return in the shape of rent, or at least enabled him to meet the expenses of the public establishments, by paying the ofiicers with grants of land, instead of giving them salaries in money. The question thus raised is of great importance, and having direct practical bearings on the actual administration of the government, has been discussed at great length and with much keenness. It would be out of place here to take part in the discussion fui'ther than to say, that the leading advocates on both sides have taken too high ground. By regarding India as if it were a single territory, they have first imagined that one uniform system of land tenure was practicable, and then, in support of the view which they advocate, have appealed to the kinds of tenure prevalent in particular provinces or districts. In this way it has been possible to maintain with almost equal plausibility that the property of the soil is in the sovereign, in zemindars, supposed to mean landed proprietors similar to those of Europe, and in the ryots or actual cultivators ; whereas the only inference ought to have been, that the tenures were not uniform but various, and that the necessary consequence of recognizing any one of them as exclusive of the others was to commit wholesale injustice. The ryots, as the class least able to defend themselves, have been the greatest sufierers by this rage for uniformity on the part of their rulers ; and Sir Thomas Muni'o did not describe the injustice which has been done in too strong terms when he said, " We have, in our anxiety to make everything as English as j)ossible, in a country which resembles England in nothing, attempted to create at once tlu-oughout extensive provinces a kind of landed property which never existed in them ; and in the pursuit of the object we have relinquished the rights wdiich the sovereign always possessed in the soil ; and we have in many cases deprived the real owners, the occupant ryots, of their proprietary rights, and bestowed them on zemindars and other imaginary landlords: changes like these never can effect a permanent settlement in any country ; they are rather calculated to unsettle whatever was before deemed permanent."'

'' Miuute on tlie State of the Country, and Condition of the People under the Presidency of Fort St. George^ dated 31st Dec. 1824, and ordered by the House of Commons to be printed, 17th May, 1830; p. 2G.


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91 Chap, in.] HINDOO GOVERNMENT. 91

Besides the sources of revenue above mentioned, the king had mines, in ad.

which he is recommended to employ " the brave, the skilful, the well-born, and the honest;" and was moreover entitled, "by reason of his general protection, Royai mines. and because he is the lord paramount of the soil," to half " of old hoards and precious minerals in the earth." " Treasure anciently reposited in the ground" belonged to him, subject to two limitations in favour of Brahmins, who, if they were the discoverers of the treasure, took it all without deduction, and if others were the discoverers, received a half The revenue was, moreover, occa- sionally increased by certain casualties, of which the most important was derived from property for which, after distinct proclamation, no owner appeared in three years. Even when an owner appeared, the king might, at his discretion, retain a twelfth, a tenth, or a sixth part of the value, as a compensation for having secured it. In the above system of taxation and revenue, a considerable degree of natural equity appears ; and yet it must be admitted that little wisdom is displayed in the selection of the articles to be taxed, or the special percentages to which they are made liable. It would also seem that there must have been much injustice and oppression in the levying of taxation by means of the lords of towns above described. Accordingly, in a passage already quoted, the "appointed guardians of districts" are described as "generally knaves who seize what belongs to other men."

It is rather curious to find that this part of the system, though the only one Description of which any disapprobation is expressed, has survived all the revolutions which tomiship India has undergone. The higher lordships, indeed, with the exception of the ^^^ ^^^' still recognized pergunnah, or lordship of 100 towns, have left only traces of their existence; but the townships themselves "remain entire, and are the indestruc- tible atoms, from an aggregate of which the most extensive Indian empires are composed." For a description of a township, we cannot do better than continue this quotation. "A township is a compact piece of land, varying in extent, inhabited by a single community. The boundaries are accurately defined and jealously guarded. The lands may be of all descriptions — those actually under cul- tivation and those neglected, arable lands never yet cultivated and land which is altogether incapable of cultivation. These lands are divided into portions, the boundaries of which are as carefully marked as those of the township ; and the names, qualities, extent, and proprietors of which are minutely entered in the records of the community. The inhabitants are all assembled in a village within the limits which, in many parts of India, is fortified or protected by a little castle or citadel. Each township conducts its own internal affairs. It levies on its members the revenue due to the state ; and is collectively responsible for the payment of the full amount. It manages its police, and is answerable for any property plundered within its limits. It administers justice to its own members, as far as puni.shing small offences, and deciding disputes in the first instance. It taxes itself to provide funds for its own expenses ; such as repairs


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92 92 HISTORY OF INDIA. ' [Book IV.

A.D. — of the Avails and temple, and the cost of public sacrifices and charities, as well as of some ceremonies and amusements on festivals. It is provided with requisite officers for conducting all those duties, and with various others adapted to the wants of the inhabitants; and though entirely subject to the general govern- ment, is in many respects an organized commonwealth complete within itself ' Antiquity Mr. Elphinstouc's account is thus confirmed by Lord Metcalfe : — " The village

and pemia- .. ti iti- i i*i •!•

nenceof communitics are little republics, having nearly everything they can want withm Bystem.^°^ tliemselvcs, and ahnost independent of any foreign relations. They seem to last wliere nothing else lasts. Dynasty after dynasty tumbles down; revolution suc- ceeds to revolution; Hindoo, Patau, Mogul, Mahratta, Sikh, Engli.sh, are aU masters in turn ; but the village community remains the same. In times of trouble they arm and fortify themselves; an hostile army passes through the countiy; the village communities collect their cattle within their walls, and let the enemy pass unprovoked. If plunder and devastation be directed against themselves, and the force employed be irresistible, they flee to friendly villages at a distance ; but when the storm has passed over, they return and resume their occupations. If a country remain for a series of years the scene of continued pillage and massacre, so that the villages cannot be inhabited, the scattered villagers nevertheless return whenever the power of peaceable possession revives. A generation may pass away, but the succeeding generation will return. The sons will take the places of their fathers; the same site for the village, the same positions for the houses, the same lands will be reoccupied by the descendants of those who were driven out when the village was depopulated ; and it is not a trifling matter that will drive them out, for they will often maintain their post through times of disturbance and convulsion, and acquire strength sufficient to resist pillage and oppression with success. This union of the village communi- ties, each one forming a little separate state in itself, has, I conceive, contributed more than any other cause to the preservation of the people of India, through all the revolutions and changes which they have suffered, and is in a high degree conducive to their happiness and to the enjoyment of a great portion of freedom and independence."^ .dininistra- The ncxt important branch of internal government to be considered is the

tiou of jus- .....

tice. administration of justice. On this subject the Institutes of Menu treat largely,

and continue, notwithstanding the changes introduced sub.sequently to its date, to be the most valuable text-book. The principal court of justice was held in the capital, and the king himself, if " desirous of in.specting judicial pro- ceedings," presided over it in person. For this purpose he was to enter it each day, "together with Brahmins and counsellors, who knew how to give him advice;" and "there, either sitting or standing, holding forth his right arm without ostentation, in his dress and ornaments," to "examine the affairs of

' Elpliinatoue, India, vol. i. p.agea 121, 122.

^Report of Select Committee of House of Commons, 1832, vol. iii. Appendix 81, page 331.


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93 Chap. III.J HINDOO GOVERNMENT. 93

litigant parties," and decide causes, "by arguments and rules drawn from local a.d. —

usages and from written codes." Where he could not preside himself^ he was

to appoint a Brahmin of eminent learning, who, sitting as "chief judge, accom- Administra- tion of jus- panied by three assessors," should fully consider and dispose of all causes brought tice.

into the royal court. The mode of administering justice in places at a distance from the capital is not explained ; but it appears from other sources, that in dif- ferent parts of the country there were local judges who decided in the first instance, but whose decisions might be brought under review by appeal to the court of the capital. The defendant who, after allowing the action to be brought into court, admitted the debt, paid a fine of five per cent. ; if he continued to deny it, and it was proved against him, the fine was doubled. These fines being payable to the king, probably went to the judges, and formed part, if not the whole of their official income.

On the subject of judicial procedm-e, much sound advice is given. The Judicial

■,. ,.., ,,,, ,. , . ,. , ,. „. procedure.

king or his j udge, while " understanding what is expedient or inexpedient, is to consider " only what is law or not law," and decide accordingly. He is at the same time to have an equitable jmisdiction, and consider himself as the guardian of those who, from nonage or their unprotected situation, labour totally or partially under legal incapacity. The persons thus entitled to his special protection are infants and students ; women whose husbands have married other wives because they have proved ban-en, or had no sons ; women without kindred, or whose hus- bands are in distant places ; widows true to their lords ; and women afflicted with illness. In examining witnesses and weighing evidence, he is to endeavour, "by external signs," to " see through the thoughts of men, by their voice, colour, countenance, limbs, eyes, and action." Neither "himself nor his officers must ever promote litigation, nor ever neglect a lawsuit instituted by others ; " but " as a hunter traces the lair of a beast by the drops of blood, thus let a king investigate the true point of justice by deliberate argument; let him fully con- sider the nature of truth, the state of the case, and his own person; and next, the witnesses, the place, the mode, and the time ; firmly adhering to all the rules of practice."

The plaintiff being bound, especially in a question of debt, to prove his case, cases of may act in such a way as to justify a nonsuit, and thus render further proceed- ings unnecessary. He may, for instance, after having raised his action, delay to proceed with it, and thereby deserve to be fined or corporally punished. Or he may assert "confused and contradictory facts," change his ground after " having stated what he designs to prove," or when " questioned on a fact which he had before admitted, refuse to acknowledge that very fact." He may, more- over, have tampered with the witnesses, by conversing with them "in a place unfit for such conversation," or after alleging that he had witnesses, fail, when called upon, to produce them, or stand mute on being " ordered to speak," or dechne "answering a question properly put." A plantifF thus behaving, the


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94 i)4< HISTORY OF INDIA. [Book IV.

A p. _ judge must "declare nonsuited." On the other hand, should the action proceed, great care is necessary in determining " what sort of witnesses must be pro- duced," and " in what manner those witnesses must give true evidence." The Competency good scnse which characterizes many of the regulations of the Hindoo code on

of witnesses. •ii iii c

this head, is sadly marred by others oi an unreasonable and fantastical nature. The persons who are to be considered competent witnesses are " married house- keepers, men with male issue, inhabitants of the same district" — "just and sensible men of all the classes, men who know their whole duty and are free from covetou.sness." The persons to be rejected as incompetent are those "who have a pecuniary interest," "familiar friends," "menial servants," 'enemies," "men formerly perjured," "persons grievously diseased," and "those who have committed heinous offences." Amono; the more fantastical arrangements are the exclusion of mean artificers, public dancers and singers, a priest of deep learn- ing in Scripture, a student in theology, an anchorite secluded from all worldly connections, one who follows a cruel occupation, a decrepit old man, and a wretch of the lowest mixed class." Women also, though they "should regularly be witnesses for women," are excluded generally, on the ground that "female understandings are apt to waver." In a penury of witnesses, however, " evidence may be given by a woman, by a child, or by an aged man, by a pupil, by a houseman, by a slave, or by a hired servant;" and several of the more injudi- ■cious restrictions are virtually removed by an injunction to the judge not to "examine too strictly the competence of witnesses" in "all cases of violence, of theft and adultery, of defamation and assault;" and a declaration that "any person whatever who has positive knowledge of transactions in the private apartments of a house, or in a forest, or at a time of death, may give evidence between the parties." The weight of testimony is to be determined by the fol- lowing rule: — "If there be contradictory evidence, let the king decide by the l^lurality of credible witnesses ; if equality in number, by superiority in virtue ; if parity in virtue, by the testimony of such, twice- born men as have best per- formed public duties." Proceedings Tlic proceedings in court are conducted with great decorum and solemnity. " The witnesses being assembled in the middle of the court-room, in the presence of the plaintiff and defendant, let the judge examine them, after having addressed them in the following manner: — ' What ye know to have been transacted in the matter before us, between the parties reciprocally, declare at large and with truth ; for your evidence in this cause is required. A witness who gives testimony with truth shall attain exalted seats of beatitude above and the highest fame here below; such testimony is revered by Brahma himself; the witness who speaks falsely shall be fast bound in the cords of Varuna, and be wholly deprived of power during a hundred transmigrations; let mankind therefore give no false testimony. By truth is a witness cleared from sin ; by truth is justice advanced; truth must therefore be spoken by witnesses of eveiy class. The


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95 Chap. III.] HINDOO GOVEENMENT. 95

•

soul itself is its own witness ; the soul itself is its ow^n refuge ; offend not thy a.d. - conscious soul, the supreme internal witness of men. The sinful have said in their hearts, 'None sees us.' Yes; the gods distinctly see them, and so does the spirit within their breasts. Tlie guardian deities of the firmament, of the Taking of

• 1 r- 1 (» r" (» evidence.

earth, of the waters, of the human heart, of the moon, of the sun, and of fire, of punishment after death, of the winds, of nighf, of both twilights, and of justice, perfectly know the state of all spirits clothed with bodies.' " After this address the examination takes place, and is conducted in a manner in which the defer- ence paid to the different classes is curiously marked. To a Brahmin, the judge must begin with simply saying, "Declare;" to a Cshatriya, with saying, "De- clare the truth;" to a Vaisya, with comparing perjmy to the crime of stealing kine, grain, or gold ; to a Sudra, with comparing it to every crime that men can commit, and addressing him in such language as the following: — "Headlong, in utter darkness, shall the impious wretch tumble into hell, who, being inter- rogated in a judicial inquiry, answers one question falsely." " Marking well all the murders which are comprehended in the crime of perjury, declare thou the whole truth with precision as heard and seen by thee." Such adjurations go far to prove the prevalence of perjury in native Hindoo courts in very early times; and indeed what else could be expected, when the code itself, imme- diately after inserting these adjurations, neutralizes them by adding — " In some cases, a giver of false evidence from a })ious motive, even though he know the truth, shall not lose a seat in heaven ; such evidence wise men call the speech of the gods. Whenever the death of a man, either of the servile, the commercial, the military, or the sacerdotal class would be occasioned by true evidence, false- hood may be spoken ; it is even preferable to truth. Such witnesses must offer, as oblations to Saraswati, cakes of rice and milk, addi-essed to the goddess of speech ; and thus will they fully expiate that venial sin of benevolent falsehood." Commentators endeavour to qualify this lax morality by assuming that the falsehood sanctioned is only to favour a man " who had not been a grievous offender," and to deceive a king notorious for rigour, "even though the fault arose from inadvertence or error." While a false witness might avail himself of the above lax permission, a true witness might be subjected to gross injustice in consequence of the following absurd and superstitious provision: — "The wit- ness who has given evidence, and to whom, within seven days after, happens disease, fire, or the death of a kinsman, shall be condemned to pay the debt and a fine."

Where no witness could be had, the judge might "acquire a knowledge of oathof the truth by the oath of the parties." Here the great danger to be guarded against was false swearing ; and hence, in order to maintain the sacredness of an oath, it is properly said — "Let no man of sense take an oath in vain; for the man who takes an oath in vain, shall be punished in this life and the next." Unfortunately, as in the former case, however, the effect of the injunction is


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96 96

HISTORY OF INDIA.

[Book IV.

Trial by oj-deal.

Written codes.

Kinds of action.

A.D. — neutralized by the following strange declaration: — "To women, however, at a time of dalliance, or on a proposal of marriage, in the case of grass or fruit eaten b}^ a cow, of wood taken for a sacrifice, or of a promise made for the preserva- tion of a Brahmin, it is no deadly sin to take a light oath." Sometimes when the oath was not deemed satisfactory, another test might be employed — a test most absurd and nugatory, though used for ages, and not long ago abolished for the first time in our own country. It was what is called tlie trial by ordeal, with reference to which it is said — "Let him (the judge) cause the part}^ to hold fire, or to dive under water, or severallj^ to touch the hands of his children and wife ; he whom the blazing fire burns not, whom the water soon forces not up, or who meets with no speedy misfortune, must be held veracious in his testi- mony on oath."

The written codes, conformably to which the judge was to decide, contain a complete system of law arranged under distinct heads, and making it impossible to doubt, notwithstanding its numerous defects, that the people employing it were considerably advanced in civilization. In the Institutes of Menu, eighteen "titles of law' are enumerated, and said to be "settled as the groundwork of all judicial procedure in this world." These titles are classed in the following order: — 1. Debt on loans for consumption ; 2. Deposits and loans for use ; 3. Sale without ownership ; 4. Concerns among partners ; 5. Subtraction of what has been given ; G. Non-payment of wages or hire ; 7. Non-performance of agree- ments; 8. Rescission of sale and purchase; 9. Disputes between master and servant; 10. Contests on boundaries ; 11 and 12. Assault and slander ; 13. Lar- ceny; li. Robbery and other violence ; 15. Adultery; 16. Altercation between man and wife, and their several duties; 17. The law of inheritance ; 18. Gaming with dice, and living animals. A mere glance at these titles reveals a compre- hensive and complicated course of jurisprudence ; but the arrangement in not drawing a proper line of demarcation between civil and criminal matters is inconvenient ; and it will therefore be proper, in pointing out some of the leading features of the Hindoo code, to disregard this arrangement, and substitute for it our own more natural division of — 1. Civil law; and 2. Criminal law. Leading Qj^^ (,f ^|jg leadiuo; axioms of our law is, that no man is to seek redress at

axiom. °

his own hand. Tiie axiom of Hindoo law is the very opposite ; for it seems to be implied, that a creditor need not raise his action till other means of redress have failed. Artful management, the mediation of friends, distress, and other compulsory means, may be used by him; and if he thus succeed in retaking his property, the king must not only not rebuke him, but ratify his possession as "payment by the debtor." Among five modes of recovery which he may employ, "legal force" is mentioned last. "Tliis law" says Mr. Elphinstone,' "still operates so strongly in some Hindoo states, that a creditor imprisons his debtor in his private house, and even keeps him for a period witJiout food,

' Elphinstone's India, vol. i. pages 61, 62.

I


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97 Chap. III.J HINDOO GOVERNMENT. 97

and exposed to the sun, to compel him to produce the money he owes." The a.d

interest lent on money without security is to be proportioned to the risk, or " in

the direct order of the classes." Thus, the monthly interest exigible from aAmmmtuf

Brahmin is 2 per cent. ; ft'om a Cshatriya or soldier, 3 ; from a Vaisya or mer- l^^bie.

chant, 4 ; and from a Sudra, 5 per cent. It is added, " never more," and, as one

should think, superfluously, since this so-called maximum is at the enormous

rate of GO per cent, per annum. Where a pledge has been taken as a security

merely, the interest must not exceed 1 J per cent, monthly, and where the pledge

is beneficial — in other words, is used by the pawnee for his profit — he is not

entitled to any interest at all. Interest must not be allowed to accumulate till

it "be more than enough to double the debt;" but the rule as to a maximum

will not apply in the case of extraordinary risks, and therefore " whatever

interest shall be settled by men well acquainted with sea voyages or journeys

by land, with times and with places, such interest shall have legal force." A

prescriptive right to ordinary moveables may be established; and therefore

"whatever chattel the owner sees enjoyed by others for ten years, while, though Prescription.

present, he says nothing, that chattel he shall not recover," provided he was at

the time of legal capacity ; but " a pledge, a boundary of land, the property of

an infant, a deposit either open or in a chest sealed, female slaves, the wealth

of a king, and of a learned Brahmin, are not lost in consequence of adverse

enjoyment."

On the subject of obligations, many nice and important distinctions are obligations. made. A contract mav be null from being entered into under the influence of force or fraud, or by parties labouring under incapacity; and the judge is bound, on discovering the flaw, to "annul the whole transaction." For the same reason, "that plaint can have no effect, though it may be supported by evidence, which contains a cause of action inconsistent with positive law or with settled usage." In some cases, however, a contract, which might not of itself be legally binding, will be enforced. Thus in the ordinary case, when a debtor dies without leaving the means of paying his debt, his family are not bound ; but should it be proved that the money borrowed was expended for their use, then " it must be paid by that family, divided or undivided, out of their own estate." In like manner, " should even a slave make a contract for the behoof of the family, the master, whether in his own country or abroad, shall not rescind it." On the other hand, there are cases in which an oblicja- tion which might have been enforced ao-ainst the original obligant will not be binding on his representatives. For instance, money " idly promised, or lost at play, or due for spirituous liquors, the son shall not be obliged to pay." The same rule holds in cases of surety for appearance ; but " if a surety for payment .should die, the j udge may compel even his heirs to discharge the debt."

Bargains of sale or purchase, though completed by delivery, may be rescinded at the wish of either seller or buyer within ten days; but after that period

Vol. II. 102


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98 98 HISTORY OF INDIA. [Book IV.

A I). — become so absolute, that the party attempting to rescind is subjected to a fine. It may happen that a seller is not the true owner. If he was aware of the

Sale and fact, lie is of coursc to be treated as a thief; but what becomes of the sale? The

puroias*. i^yygj. jjjj^y jjave pald full value, and been totally ignorant of the tlieft. Ought he in that case to be the loser? The question is one of some nicety, and is thus answered: — The purchaser, if he has bought "in open market," and "paid the price," is entitled to "the absolute property," provided he produce the seller; but if the seller is not produced, the purchaser, on proving the public sale, only escapes punishment, and the property returns to the original owner. In treating of bargains not fulfilled in terms of the agreement, some curious cases are men- tioned. One of these is: — "After one damsel has been shown, another is offered to the bridegroom;" the decision is, that " he may become the husband of both for the same price." Another case of a similar nature is that of " a kinsman who gives a damsel in marriage," without having " told her blemishes."

Hiring. X third case is that of a hired servant or workman who " fails to perform his work according to his agreement." If the failure is owing to indolence, a fine shall be inflicted, and the wages or hire shall not be paid. On the other hand, if "he be really ill, and, when restored to health, shall perform his work according to his original bargain, he shall receive his pay even for a very long time."

Master and The title relating to master and servant is very meagre, being confined

fid* V Am t

almost entirely to questions " arising from the fault of such as own herds of cattle, and of such as are hired to keep them." The general rule is, that " by day the blame falls on the herdsman, and by night on the owner," if the cattle are kept at home, but " if the place of their food and custody be different, the keeper bears the blame.'' As a specimen of the way in which the rule is applied, the following case may be mentioned: — "A flock of goats or of sheep being attacked by wolves, and the keeper not going to repel the attack, he shall be responsible for every one of them which a wolf shall violently kill ; but if any one of them, while they graze together near a wood and the shepherd keeps them in order, shall be suddenly killed by a wolf springing on it, he shall not in that case be responsible." uomidarics. Qu tlic subjcct of boundarics nothing of much interest occurs. The thing

most necessary is to fix boundaries at first in such a manner as to make it almost impossible to mistake them. With this view they ought to be marked both above and below gi'ound ; above by natural objects, as streams and lakes, or artificial objects, as pools and wells, temples, planted trees, and earthen mounds ; and below by " large pieces of stone, bones, tails of cows, bran ashes, potsherds, dried cow-dung, bricks and ashes, charcoal, pebbles and sand, and substances of all sorts which the earth corrodes not even in a long time." In the event of a contest between two villages, such marks, and "long-continued possession," may enable the judge to find the limit ; but "should there be a doubt,"


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99 Chap. III.] HINDOO GOVEENMENT. 99

recourse must be had to the declarations of witnesses, who "must be examined a.d. —

concerning the landmarks in the presence of all the townsmen or villagers, or of both the contending parties." The evidence " must be recorded in writ- Boundaries ing," and when the witnesses are about to give it, " let them, putting earth on their heads, wearing chaplets of red flowers and clad in red mantles, be sworn by the reward of all their several good actions, to give correct evidence con- cerning the metes and bounds.", If there be no witnesses, "four men who dwell on all the four sides of the two villages " must " make a decision concerning the boundary, being duly prepared, in the presence of the king." Should there be " no such neighbours on all sides, nor any men whose ancestors had lived there since the villages were built, nor other inhabitants of towns, who can give evidence on the limits, the judge must examine the following men who inhabit the woods: — hunters, fowlers, herdsmen, fishers, diggers for roots, catchers of snakes, gleaners, and other foresters." By such means the king may be able to fix the precise boundary between the two villages. When the dispute is between individuals " as to the bounds of arable fields, wells or pools, gardens and houses," the testimony of next neighbours on every side will sufiice. As a last resource, should all other means fail, "let the king, knowing what is just and consulting the future benefit of both parties, make a bound line."

The subject of husband and wife, though in some respects the most impor- Husband

and wife.

tant of all, is not treated with much judgment in the Institutes of Menu. The wife in particular is degraded from her natural position, and made to be the slave rather than the companion of her husband. The very first announcement of this part of tlie Hindoo code is as follows: — "Day and night must women be held by their protectors in a state of dependence ; but in recreations, though rather addicted to them, they may be left at their own disposal. Their fathers protect them in childhood, their husbands protect them in youth, their sons protect them in age ; a woman is never fit for independence." Again, " Women must, above all, be restrained from the smallest illicit gratification : for not being thus restrained, they bring sorrow on both families ; let husbands consider this as the supreme law ordained for all classes, and let them, how weak soever, diligently keep their wives under lawful restrictions." It is admitted indeed that " no man can wholly restrain woman by violent measures," and that "those women are truly secure who are guarded by their own good inclinations." Such inclinations, it would .seem, they must have from nature, for they are precluded from the use of the means which, even the Brahmins being judges, are best fitted to instil them, it being expressly declared that "women have no business with the texts of the Veda." Their social position is only too significantly expressed by the classification adopted and the treat- ment enjoined in the following passage: — "For women, children, persons of crazy intellect, the old, the poor, and the infirm, the king shall order punishment with a small whip, a twig, or a rope."


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100 100 HISTORY OF INDIA. [Book IV.

AD. — Eiglit forms of marriage are mentioned, but two of them only to be stigma-

tized. Of these two, the last and basest, called 'paisacha, is where advantage is Forms of taken of a " damsel sleeping, or flushed with strong liquor, or disordered in her intellect ;" the other, called asura, is vitiated by the mercenary spirit in which it is transacted, " the bridegroom having given as much wealth as he can afford to the father and paternal kinsmen, and to the damsel herself" In the four most approved forms the father simply gives his daughter away with certain prescribed ceremonies. One or other of these forms must be used when the bridegroom is a Brahmin. The fifth and sixth forms, called respectively gandharvas and rachshases, seem competent only to a soldier or member of the Cshatriya class. The former of these is the only one in which the inclina- tions of the bridegroom and bride receive effect, for it is defined to be " the reciprocal connection of a youth and a damsel, with mutual desire ;" the latter not only requires no consent, but takes place in circumstances which pre- clude the possibility of it, since it is nothing less than " the seizure of a maiden by force from her home, while she weeps and calls for assistance, after her kins- men and friends have been slain in battle, or wounded, and their houses broken open."' As a general rule the father disposes of his daughter absolutely, and is under no obligation to consult her inclinations, though he is advised to give her " to an excellent and handsome youth of the same class," and reminded that though marriageable it is better she " should stay at home till her death than that he should ever give her in marriage to a bridegroom void of excellent qualities." The marriageable age was fixed at eight, but if after waiting three years beyond that period, she was not provided with a husband, she was entitled to choose for herself In so acting " neither she nor the youth chosen commits any offence," though as a kind of penalty for the irregularity, she cannot without committing theft "carry with her the ornaments which she received from her father, nor those given by her mother or brethren." In all cases intermarriage between individuals of the same class is to be preferred, but the rule of law is unequally applied, and while men may, women are abso- lutely interdicted from marrying into classes inferior to their own.

Inferior posi- jj^ married life the idea of equality is altogether scouted, and as Mrs.

tionofthe _ _ ....

wife Speir justly says, "obedience is the beginning and the middle and the end of

female duty."' Her proper business is to be "employed in the collection and expenditure of wealth, in purification and female duty, in the preparation of daily food, and the superintendence of household utensils," but her per.son and rights are wholly sunk in those of her husband, and she is classed with a son and slave as one of the three persons " declared by law to have no wealth exclusively their own ; the wealth which they may earn is acquired for the man to whom they may belong." Marriage is said to be indissoluble, and what is called "the supreme law between husband and wife" is thus summarily expressed: —

' Life in Ancient India, page 16y.


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101 Chap. III.] HINDOO GOVERNMENT. 101

" Let mutual fidelity continue until death." But even in this point gross a.d. — inequality is apparent. A husband, though married in legal form, may abandon his wife on the ground of blemish or disease fraudulently concealed from him. Relation He may also supersede her by another wife on the vague charges of drinking ana wife. spirituous liquors, acting immorally, showing hatred, being mischievous and wasting his property, or speaking unkindly. In all these cases, indeed, some degree of blame attaches to her, but she may in like manner be superseded when the worst that can be said of her is that she is unfortunate. Thus she may be superseded in the eighth year if she has proved barren, or in the tenth if all her children are dead, and in the eleventh if she has borne only daughters. Sliould she resent this harsh usage, and depart in wrath from the house, " she must either instantly be confined, or abandoned in the presence of the whole family." On the other hand, whatever be the husbands faults, though "inobser- vant of approved usages, or enamoured of another woman, or devoid of good qualities," he "must constantly be revered as a god by a virtuous wife." Though addicted to gaming, fond of spirituous Hquors, or diseased, she is liable, if she neglect him, to be " deprived of her ornaments and household furniture," and cannot get quit of him except in the not very probable case of his not only de- serting her, but living abroad without reasonable cause for at least three years. On the dissolution of marriage by death the woman is still made the principal sufterer. He, if the survivor, may immediately supply her place, but she, if once a widow, is expected to spend the remainder of her life in the painful austerities "becoming a woman devoted to one only husband," and must not "even pro- nounce the name of another man." Nothing, indeed, is said of any objigation to submit to the horrible sacrifice of suttee, but her second marriage, if not absolutely illegal, is stigmatized in such language as the following: — "The mar- riage of a widow " is not " even named in the laws concerning marriage." Another practice, however, not unknown to the Jewish law, that of raising up issue to a brother, appears, though not without considerable hesitation, to have been permitted, not only to the higher classes, in the special case of a husband dying " after troth verbally plighted, but before consummation," but to all Sudras, whenever the husband died without male issue. The practice, while permitted, being reprobated as " fit only for cattle," afterwards fell into desuetude.

Immediately connected with the law of husband and wife is that of^^'^''^

•^ succession.

inheritance. In the Hindoo code the rights of succession are considered subser- vient to the due performance of obsequies to ancestors, and hence the heir to whom the performance of these obsequies properly belongs is always preferred. To this is to be ascribed the important place occupied by the eldest son as the representative of the family. " By the eldest, at the moment of his birth, the father, having begotten a son, discharges his debt to his own progenitors ; the eldest son, therefore, ought to manage the whole patrimony," and the other


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102 Kuccess'on.

102 HISTOEY OF INDIA. [Book IV.

AD. — sons "may live under him as under their father." If they do not choose so to live, a division takes place according to certain rules. Two modes of division

Law of are mentioned as being equally legal. According to the one, a deduction from the whole patrimony is first made — the eldest son receiving a twentieth, together with the best chattel, the youngest son an eightieth, and each interme- diate son a fortieth — and then the residue is distributed in equal shares. If the division is made without any previous deduction, the eldest son receives a double share, the next born a share and a half, and the younger sons a share each. Married daughters appear to be excluded, but the unmarried daughters are provided for by their brothers, each of whom is bound to contribute for this purpose " a fom-th part of his own distinct share," and " shall be degraded " if he refuse. The existence of more wives than one gives rise to curious complica- tions. One of these is stated as follows: — " A younger son being born of a first married wife, after an elder son had been born of a wife last married, it may be a doubt, in that case, how the division shall be made." The decision is that the son of the elder wife is to be preferred, but in a less degree than he would have been if he had been also the eldest born.

A man who has no son may appoint his daughter to raise up a son for him, by saying " the male child who shall be born from her in wedlock shall be mine, for the purpose of performing my obsequies." In this case the son suc- ceeds to all the wealth of his maternal grandfather : should she have no son she takes the succession in her own right, foi-, as it is justly asked, " How, if a man have no son, can any inhei-it his property but a daughter, who is closely united with his own soul?" Here, however, a question arises. Suppose that the father, after a son is thus raised up to him by his daughter, has a son of his own body, which of the two sons shall be his heir? The answer is, that they sliall divide the heritage between them. Failing either of these sons, a man may obtain a son by adoption. Such a son enjoys all the rights of a son in the family into which he has been adopted, but " must never claim the family and estate of his natural father." In the event of there being no son, actual or adopted, and no son raised up by a brother or kinsman, as under the Jewish law, a series of substitutes, called sons only by an extraordinary legal fiction, are provided, "for the sake of preventing a failure of obsequies," such a failure being regarded by a Hindoo as the greatest of all possible calamities. Instead of attending farther to these substitutes, it is of more consequence to trace the order of succession should there be no son of any kind nor daughter to take it. First in order come grandsons, then nephews, then parents, then brothers, then grandfathers and grandmothers, then kinsmen so near as to be entitled to perform obsequies to ancestors. On complete failure of kindred, the spiritual preceptor, the pupil, or the Brahmins succeed. Last of all comes the king, as uUimus hcvres, subject, however, to the important limitation, that the deceased was not a Brahmin, for "the property of a Brahmin shall never be taken by the king:"


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103 Chap. III.] HINDOO GOVERNMENT. 103

this is a fixed law, but the wealth of all other classes, on the ftiilure of all a.d — heirs, the king may take. It is rather singular, that though the right of a father to dispose absolutely of his property, or distribute it among his children, in his lifetime, is implied by various passages in the Institutes, there is not the least hint of his being able to dispose of it by will.

The criminal law of the Hindoos is much more defective than the civil, and Criminal law is characterized throughout by partiality, caprice, and cruelty. Punishments are regulated not so much by the heinousness of the offence as the cast of the offender; and thus, while some of the worst crimes escape with comparative impunity, the most venial are visited with barbarous mutilations and tortures. The principal heads under which criminal law is arranged are, slander and assault, larceny, robbery and other violence, adultery, and gaming. This arrangement is arbitrary and incomplete, classing together crimes which have little in common, and omitting many by which the peace of society is disturbed and individuals are seriously injured. A few specimens selected from each head will show the spirit which pervades the whole.

Defamatory words are punished by fine if the offender belong to a superior Defamation, class, and corporeally if he be a Sudra. In fixing the fine, the rule is to deal most leniently with the Brahmin who offends, and most severely with the person with whom he is offended. Thus, a Brahmin for slandering a soldier was fined fifty panas, for slandering a merchant twenty-five, and for slandering a Sudra twelve. If he was slandered, the fine imposed on the soldier was 100 panas, and on the merchant 150 or 200. For the very same offence "a mechanic or servile man " was whipped. He might even be glad to escape so easily, for, if convicted of insulting "the twice -born with gross invectives," or of mentioning "their names and classes with contumely," he is in the former case to "have liis tongue slit," and in the latter to have "an iron style ten fingers long thrust red hot into his mouth." With regard to assault the general rule is, that " with whatever member a low-born man shall assault, or hurt a superior, even that member of his must be slit." Accordingly, "he who raises his hand or a staff against another shall have his hand cut; and he who kicks another in wrath shall have an incision made in his foot." Even the meaning of the word "assault" is stretched, for the purpose of making it reach offences not properly included under it. In this way it is provided that "a man of the lowest class who shall insolently place himself on the same seat with one of the highest, shall either be banished with a mark on his hinder parts, or the king shall cause a gash to be made on his buttock." For a variety of insults in more aggravated forms, lips, hands, and other offending membei-s are to be similarly gashed. In some cases treatment which might amount to assault, may be justified by the authority of the person who inflicts it, and be nothing more than legitimate chastisement. The only case mentioned, apparently by way of illustration, is so singular as to be worth quoting. It runs thus: — "A


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104 lOi HISTOEY OF INDIA. [Book IV.

AD. —

wife, a son, a servant, a pupil, and a whole brother may be corrected, when they commit faults, with a rope or the small shoot of a cane ; but on the back part of their bodies, and not on a noble part by any means."

'iheft. In introducing the subject of theft and robbery, the code labours to impress

the king with the importance of the duty of restraining them, reminding him that " by restraining thieves and robbers his fame and domain are increased ;" and that a king " who receives taxes in kind or in value, market duties and tolls, the small daily presents for his household, and fines for offences," Avithout protecting his people by the punishment of offenders, "falls directly to a region of horror." On the other hand, it is gravely asserted, not only that " by restraining the bad and by encouraging the good, kings are perpetually made pure," but that " men who have committed offences, and have received from kings the punish- ment due to them, go pure to heaven, and become as clear as those who have done well." Minor thefts are punished by fine, and it is very remarkable that this is a penalty which the king himself may incur, for it is expressly said that " where another man of lower birth would be fined one pana} the king shall be fined a thousand." " This," it is added, " is a sacred rule." But who, it may be asked, was to enforce it? The commentator answers: "He shall give the fine to the priests, or cast it into the river." In more serious cases of theft a fine was not considered sufficient, and imprisonment, confinement by fetters, and various kinds of corporal pmiishment were added. These last, according to the usual practice, consisted of mutilations, such as the amputation of a hand or a limb. It deserves to be noticed, that in imposing fines for theft the rule adopted is much more equitable than in the case of assault, inasmuch as the amount is increased with the rank of the criminal, the fine of a Sudra being only eight fold, while that of a Vaisya is sixteen, that of a Cshatriya two-and- thirty, and that of a Brahmin four-and-sixty fold." The object, doubtless, was to deter the Brahmin from the commission of a crime by which, as it is essen- tially mean and despicable, he reflected disgrace on his order.

Violence. The ncxt braucli of criminal law considered in the code is that relating to

crimes of violence. It is disposed of in a few sentences, and is only deserving of notice on account of the manner in which a just self-defence is sanctioned. While it is said that " neither on account of friendship, nor for the sake of great lucre, shall the king dismiss the perpetrators of violent acts, who spread terror on all creatures," it is distinctly intimated that "the twice -born may take arms when their duty is obstructed by force," and " in their own defence ;" and that " in a war for a just cause and in defence of a woman or a priest, he who kills justly commits no crime." That there may be no mistake as to what is meant by killing justly, it is explained to be " killing an assassin who attempts to kill, whether in public or in private."

The subject of adultery is treated at large, and, it must be confessed, with

' Thepana weighs about four dwts., and if of copper, is at present equal in value to eighty cowries.