The Historians' History of the World 02

It is not, however, sanguinary, unless when influenced by superstition or by the prejudice of caste; and if punishments are, in some cases, too severe, in others they are far too lenient. Mutilation (chiefly of the hand) is among the punishments, as in all Asiatic codes. Burning alive is one of the inflictions on offenders against the sacerdotal order; but it is an honourable distinction from most ancient codes that torture is never employed either against witnesses or criminals.

The punishments, though not always in themselves severe, are often disproportioned to the offence; and are frequently so indistinctly or contradictorily declared as to leave the fate of an offender quite uncertain; such are the punishments for adultery and what are called overt acts of adulterous inclination. Among these last are included, talking to the wife of another man at a place of pilgrimage, or in a forest, or at the confluence of rivers; sending her flowers or perfumes; touching her apparel or her ornaments, and sitting on the same couch with her; yet the penalty is banishment, with such bodily marks as may excite aversion.

For adultery itself, it is first declared, without reserve, that the woman is to be devoured by dogs, and the man burned on an iron bed; yet, in the verses next following, it appears that the punishment of adultery without aggravation is a fine of from 500 to 1000 panas.

The punishment, indeed, increases in proportion to the dignity of the party offended against. Even a soldier committing adultery with a Brahman woman, if she be of eminently good qualities, and properly guarded, is to be burned alive in a fire of dry grass or reeds. These flat contradictions can only be accounted for by supposing that the compiler put down the laws of different periods, or those supported by different authorities, without considering how they bore on each other.

There is no express punishment for murder. From one passage it would appear that it (as well as arson and robbery attended with violence) is capital, and that the slighter punishments mentioned in other places were in cases where there was no premeditation; but, as the murder of particular descriptions of persons is afterwards declared capital, it remains doubtful what is the punishment for the offence in simple cases.

Theft is punished, if small, with fine; if of greater amount, with cutting off the hand; but if the thief be taken with the stolen goods upon him, it is capital. Receivers of stolen goods, and persons who harbour thieves, are liable to the same punishment as the thief. It is remarkable that, in cases of small theft, the fine of a Brahman offender is at least eight times as great as that of a Sudra, and the scale varies in a similar manner and proportion between all the classes. A king committing an offence is to pay a thousand times as great a fine as would be exacted from an ordinary person. Robbery seems to incur amputation of the limb principally employed. If accompanied with violence it is capital; and all who shelter robbers, or supply them with food or implements, are to be punished with death.

Abusive language is still more distinguished for the inequality of punishments among the castes, but even in this branch of the law are traces of a civilised spirit. Men reproaching their neighbours with lameness, blindness, or any other natural infirmity, are liable to a small fine, even if they speak the truth. Assaults, if among equals, are punished by a fine of 100 panas for blood drawn, a larger sum for a wound, and banishment for breaking a bone. The prodigious inequalities into which the penalty runs between men of different classes have already been noticed.

The offences of physicians or surgeons who injure their patients for want of skill; breaking hedges, palisades, and earthen idols; mixing pure with impure commodities, and other impositions on purchasers, are all lumped up under a penalty of from 250 to 500 panas. Selling bad grain for good, however, incurs severe corporal punishment; and, what far more passes the limits of just distinction, a goldsmith guilty of fraud is ordered to be cut to pieces with razors.

Some offences not noticed by other codes are punished in this one with whimsical disregard to their relative importance; forsaking one’s parents, son, or wife, for instance, is punished by a fine of 600 panas; and not inviting one’s next neighbour to entertainments on certain occasions by a fine of one masha of silver.

Gamesters, public dancers, and singers, revilers of scripture, open heretics, men who perform not the duties of their several classes, and sellers of spirituous liquors, are to be instantly banished the town.

Civil Law

The laws for civil judicature are very superior to the penal code, and, indeed, are much more rational and matured than could well be expected of so early an age.