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all destroyed by a sacrifice offered with trifling gifts to the priests.' Many penances may be commuted for large fines, which all go to the sacred class. If a Brahman finds a treasure, he keeps it all; if it is found by another person, the king takes it, but must give one-half to the Brahmans. On failure of heirs, the property of others escheats to the king, but that of Brahmans is divided among their class. A learned Brahman is exempt from all taxation, and ought, if in want, to be maintained by the king.

Stealing the gold of Brahmans incurs an extraordinary punishment, which is to be inflicted by the king in person, and is likely, in most cases, to be capital. Their property is protected by many other denunciations and for injuring their cattle, a man is to suffer amputation of half his foot.

The military class, though far from being placed on an equality with the Brahmans, is still treated with honour. It is indeed acknowledged that the sacerdotal order cannot prosper without the military, or the military without the sacerdotal; and that the prosperity of both in this world and the next depends on their cordial

union.

The military class enjoys, in a less degree, with respect to the Vaisyas, the same inequality in criminal law that the Brahman possesses in respect to all the other classes. The king belongs to this class, as probably do all his ordinary ministers. The command of armies and of military divisions, in short, the whole COSTUME OF AN INDIAN military profession, and in strictness all situations of command, are also their birthright. It is indeed very observable, that even in the code drawn up by themselves, with the exception of interpreting the law, no interference in the executive government is ever allowed to Brahmans.

The duties of the military class are stated to be, to defend the people, to give alms, to sacrifice, to read the Vedas, and to shun the allurements of sensual gratification.

The rank of Vaisyas is not high; for where a Brahman is enjoined to show hospitality to strangers, he is directed to show benevolence even to a merchant and to give him food at the same time with his domestics. Besides largesses, sacrifice, and reading the Vedas, the duties of a Vaisya are to keep herds of cattle, to carry on trade, to lend at interest, and to cultivate the land.

The practical knowledge required from a Vaisya is more general than that of the other classes; for in addition to a knowledge of the means of breeding cattle, and a thorough acquaintance with all commodities and all soils, he must understand the productions and wants of other countries, the wages of servants, the various dialects of men, and whatever else belongs to purchase and sale.

THE DESPISED SUDRA

The duty of a Sudra is briefly stated to be to serve the other classes, but it is more particularly explained in different places that his chief duty is to serve the Brahmans; and it is specially permitted to him, in case of want

of subsistence and inability to procure service from that class, to serve a Kshattriya; or if even that service cannot be obtained, to attend on an opulent Vaisya. It is a general rule that, in times of distress, each of the classes may subsist by the occupations allotted to those beneath it, but must never encroach on the employments of those above it. A Sudra has no class beneath him; but, if other employments fail, he may subsist by handicrafts, especially joinery and masonry, painting, and writing.

A Sudra may perform sacrifices with the omission of the holy texts; yet it is an offence requiring expiation for a Brahman to assist him in sacrificing. A Brahman must not read the Veda, even to himself, in the presence of a Sudra. To teach him the law, or to instruct him in the mode of expiating sin, sinks a Brahman into the hell called Asamvrita.

It is even forbidden to give him temporal advice. No offence is more repeatedly or more strongly inveighed against than that of a Brahman receiving a gift from a Sudra: it cannot even be expiated by penance, until the gift has been restored. A Brahman, starving, may take dry grain from a Sudra, but must never eat meat cooked by him. A Sudra is to be fed by the leavings of his master, or by his refuse grain, and clad in his worn-out garments.

He must amass no wealth, even if he has the power, lest he become proud, and give pain to Brahmans.

If a Sudra use abusive language to one of a superior class, his tongue is to be slit. If he sit on the same seat with a Brahman, he is to have a gash made on the part offending. If he advise him about his religious duties, hot oil is to be dropped into his mouth and ears.

These are specimens of the laws, equally ludicrous and inhuman, which are made in favour of the other classes against the Sudras.

The proper name of a Sudra is directed to be expressive of contempt, and the religious penance for killing him is the same as for killing a cat, a frog, a dog, a lizard, and various other animals.

Yet, though the degraded state of a Sudra be sufficiently evident, his precise civil condition is by no means so clear. Sudras are universally termed the servile class; and, in one place, it is declared that a Sudra, though emancipated by his master, is not released from a state of servitude, "for," it is added, "of a state which is natural to him, by whom can he be divested?"

Yet every Sudra is not necessarily the slave of an individual; for it has been seen that they are allowed to offer their services to whom they please, and even to exercise trades on their own account: there is nothing to lead to a belief that they are the slaves of the state; and, indeed, the exemption of Sudras from the laws against emigration shows that no perfect right to their services was deemed to exist anywhere.

Their right to property (which was denied to slaves) is admitted in many places. Their persons are protected, even against their masters, who can only correct them in a manner fixed by law, and equally applicable to wives, children, pupils, and younger brothers.

That there were some Sudra slaves is indisputable; but there is every reason to believe that men of the other classes were also liable to fall into servitude.

The condition of Sudras, therefore, was very much better than that of the public slaves under some ancient republics, and, indeed, than that of the villeins of the Middle Ages, or any other servile class with which we are acquainted.

MIXTURE OF CLASSES

Though the line between the different classes was so strongly marked, the means taken to prevent their mixture do not seem to have been nearly so much attended to as in after times. The law in this respect seems rather dictated by jealousy of the honour of the women of the higher classes than by regard for the purity of descents.

Men of the first three classes are freely indulged in the choice of women from any inferior caste, provided they do not give them the first place in their family. But no marriage is permitted with women of a higher class; criminal intercourse with them is checked by the severest penalties, and their offspring is degraded far below either of its parents. The son of a Brahman, by a woman of the class next below him, takes a station intermediate between his father and mother; and the daughters of such connections, if they go on marrying Brahmans for seven generations, restore their progeny to the original purity of the sacerdotal class; but the son of a Sudra by a Brahman woman is a Chandala, "the lowest of mortals," and his intercourse with women of the higher classes produces "a race more foul than their begetter."

The classes do not seem to have associated at their meals even in the time of Manu; and there is a striking contrast between the cordial festivity recommended to Brahmans with their own class, and the constrained hospitality with which they are directed to prepare food after the Brahmans for a military man coming as a guest.

But there is no prohibition in the code against eating with other classes, or partaking of food cooked by them (which is now the great occasion for loss of caste), except in the case of Sudras; and even then the offence is expiated by living on water gruel for seven days.

Loss of caste seems, in general, to have been incurred by crimes, or by omitting the prescribed expiations for offences.

It is remarkable that, in the four classes, no place is assigned to artisans: Sudras, indeed, are permitted to practise mechanic trades during a scarcity of other employment, but it is not said to whom the employment regularly belongs.

From some of the allotments, it would appear that the artisans were supplied, as they are now, from the mixed classes: a circumstance which affords ground for surmise that the division into castes took place while arts were in too simple a state to require separate workmen for each; and also that many generations had elapsed between that division and the code, to allow so important a portion of the employments of the community to be filled by classes formed subsequently to the original distribution of the people.c

This distribution of the whole people into four classes only, and the appropriation of them to four species of employment, an arrangement which, in the very simple state of society in which it must have been introduced, was a great step in improvement,- must have become productive of innumerable inconveniences, as the wants of society multiplied. The bare necessaries of life, with a small number of its rudest accommodations, are all it prepares to meet the desires of man. As those desires speedily extend beyond such narrow limits, a struggle must have early ensued between the first principles of human nature and those of the political establishment. The different castes were strictly commanded to marry with those only of their own class and profession; and the mixture of the classes from the

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union of the sexes was guarded against by the severest laws.1 This was an occurrence, however, which laws could not prevent. Irregularities took place; children were born, who belonged to no caste, and for whom there was no occupation. No event could befall society more calamitous than this. Unholy and infamous, on account of that violation of the sacred law to which they owed their unwelcome birth, those wretched outcasts had no resource for subsistence, excepting either the bounty of the established classes, to whom they were objects of execration and abhorrence; or the plunder of those same classes, a course to which they would betake themselves with all the ingenuity of necessitous, and all the atrocity of much injured, men. When a class of this description became numerous, they must have filled society with the greatest disorders. In the preface of that compilation of the Hindu Laws, which was translated by Mr. Halhed, it is stated that, after a succession of good kings, who secured obedience to the laws, and under whom the people enjoyed felicity, came a monarch evil and corrupt, under whom the laws were violated, the mixture of the classes was perpetrated, and a new and impious race were produced. The Brahmans put this wicked king to death, and, by an effort of miraculous power, created successor endowed with the most excellent qualities. But the kingdom did not prosper, by reason of the Burren Sunker, so were this impure brood denominated; and it required the wisdom of this virtuous king to devise a remedy. He resolved upon a classification of the mixed race, and to assign them occupations. This, accordingly, was the commencement of arts and manufactures. The Burren Sunker became all manner of artisans and handicrafts; one tribe of them weavers of cloth, another artificers in iron, and so on in other cases, till the subdivisions of the class were exhausted, or the exigencies of the community supplied.

Thus were remedied two evils at once. The increasing wants of an improving society were provided for; and a class of men, the pest of the community, were converted to its service. This is another important era in the history of Hindu society; and having reached this stage, it does not appear that it has made, or that it is capable of making, much further progress. Thirty-six branches of the impure class are specified in the sacred books, of whom and of their employments it would be tedious and useless to present the description. The highest is that sprung from the conjunction of a Brahman with a woman of the Kshattriya class whose duty is the teaching of military exercises. The lowest of all is the offspring of a Sudra with a woman of the sacred class. This tribe are denominated Chandalas, and are regarded with great abhorrence. Their profession is to carry out corpses, to execute criminals, and perform other offices, reckoned to the last degree unclean and degrading. If, by the laws of Hindustan, the Sudras are placed in a low and vile situation, the impure and mixed classes are placed in one still more odious and degrading. Nothing can equal the contempt and insolence to which it is the lot of the lowest among them to see themselves exposed. They are condemned to live in a sequestered spot by themselves, that they may not pollute the very town in which they reside. If they meet a man of the higher castes, they must turn out of the way, lest he should be contaminated by their presence.

1 The original system seems to have been very lax in this respect, and each caste might take wives from the caste or castes below them, as well as their own. "A Sudra woman only, must be the wife of a Sudra; she and a Vaisya of a Vaisya; they too and a Kshattriya of a Kshattriya; those too and a Brahmani of a Brahman." Manu, iii. 13. And although it was a sin for a Brahman to marry a Sudra woman, yet such things did happen.

"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."1 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 comformable 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

1 Colebrooke on the Indian Classes, Asiat. Research., Vol. LIII.