The Historians' History of the World 02

“Avoid,” says the Tantra, “the touch of the Chandala, and other abject classes. Whoever associates with them undoubtedly falls from his class; whoever bathes or drinks in wells or pools which they have caused to be made, must be purified by the five productions of kine.”[20] From this outline of the classification and distribution of the people, as extracted from the books of the Hindus, some of the most intelligent of our British observers appeal to the present practice of the people, which they affirm is much more conformable to the laws of human welfare, than the institutions described in the ancient books. Of this, the author is aware; so inconsistent with the laws of human welfare are the institutions described in the Hindu ancient books, that they never could have been observed with any accuracy; it is, at the same time, very evident, that the institutions described in the ancient books are the model upon which the present frame of Hindu society has been formed; and when we consider the powerful causes which have operated so long to draw, or rather to force, the Hindus from their inconvenient institutions and customs, the only source of wonder is, that the state of society which they now exhibit should hold so great a resemblance to that which is depicted in their books. The President de Goguet is of opinion, that a division of the people into tribes and hereditary professions similar to that of the Hindus existed in the ancient Assyrian empire, and that it prevailed from the highest antiquity over almost all Asia. Cecrops distributed into four tribes all the inhabitants of Attica. Theseus afterwards made them three by uniting, as it should seem, the sacerdotal class with that of the nobles, or magistrates. They consisted then of nobles and priests, labourers or husbandmen, and artificers; and there is no doubt that, like the Egyptians and Indians, they were hereditary. Aristotle expressly informs us that in Crete the people were divided by the laws of Minos into classes after the manner of the Egyptians. We have most remarkable proof of a division, the same as that of the Hindus, anciently established among the Persians. In the Zendavesta, translated by Anquetil Duperron, is the following passage: “Ormuzd said: There are three measures (literally weights, that is, tests, rules) of conduct, four states, and five places of dignity.—The states are: that of the priests; that of the soldier; that of the husbandman, the source of riches; and that of the artisan or labourer.” There are sufficient vestiges to prove an ancient establishment of the same sort among the Buddhists of Ceylon, and by consequence to infer it among the other Buddhists over so large a portion of Asia.d

THE ADMINISTRATION OF JUSTICE

As Manu’s code mapped out Hindu life in fine detail, it gives especially definite rules for the laws and the courts. Justice is to be administered by the king in person, assisted by Brahmans and other counsellors; or that function may be deputed to one Brahman, aided by three assessors of the same class.

The king is entitled to five per cent. on all debts admitted by the defendant on trial, and to ten per cent. on all denied and proved. This fee probably went direct to the judges, who would thus be remunerated without infringing the law against Brahmans serving for hire. A king or judge in trying causes is carefully to observe the countenances, gestures, and mode of speech of the parties and witnesses. He is to attend to local usages of districts, the peculiar laws of classes and rules of families, and the customs of traders: when not inconsistent with the above, he is to observe the principles established by former judges. Neither he nor his officers are to encourage litigation, though they must show no slackness in taking up any suit regularly instituted.

A king is reckoned among the worst of criminals who receives his revenue from his subjects without affording them due protection in return. The king is enjoined to bear with rough language from irritated litigants, as well as from old or sick people, who come before him. He is also cautioned against deciding causes on his own judgment, without consulting persons learned in the law; and is positively forbidden to disturb any transaction that has once been settled conformably to law. In trials he is to adhere to established practice.

Criminal Law

The criminal law is very rude, and this portion of the code, together with the religious penances, leaves a more unfavourable impression of the early Hindus than any other part of the institutes.