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.

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.

The law of evidence in many particulars resembles that of England: persons having a pecuniary interest in the cause, infamous persons, menial servants, familiar friends, with others disqualified on slighter grounds, are in the first instance excluded from giving testimony; but, in default of other evidence, almost every description of persons may be examined, the judge making due allowances for the disqualifying causes.

Two exceptions which disgrace these otherwise well-intentioned rules have attracted more attention in Europe than the rules themselves. One is the declaration that a giver of false evidence, for the purpose of saving the life of a man of whatever class, who may have exposed himself to capital punishment, shall not lose a seat in heaven; and, though bound to perform an expiation, has, on the whole, performed a meritorious action.

The other does not relate to judicial evidence, but pronounces that, in courting a woman, in an affair where grass or fruit has been eaten by a cow, and in case of a promise made for the preservation of a Brahman, it is no deadly sin to take a light oath. From these passages it has been assumed that the Hindu law gives a direct sanction to perjury; and to this has been ascribed the prevalence of false evidence, which is common to men of all religions in India: yet there is more space devoted in this code to the prohibition of false evidence than to that of any other crime, and the offence is denounced in terms as awful as have ever been applied to it in any European treatise either of religion or of law.

"Naked and shorn, tormented with hunger and thirst, and deprived of sight, shall the man who gives false evidence go with a potsherd to beg food at the door of his enemy. 66 Headlong, in utter darkness, shall the impious wretch tumble into hell, who, being interrogated on a judicial inquiry answers one question falsely."

A creditor is authorised, before complaining to the court, to recover his property by any means in his power, resorting even to force within certain bounds. This law still operates so strongly in some Hindu states, that a creditor imprisons his debtor in his private house, and even keeps him for a period without food and exposed to the sun, to compel him to produce the money he owes. 'Interest varies from two per cent. per mensem for a Brahman to five per cent. for a Sudra.

The rules regarding man and wife are full of puerilities; the most important ones shall be stated after a short account of the laws relating to marriage. Six forms of marriage are recognised as lawful. Of these, four only are allowed to Brahmans, which (though differing in minute particulars) all agree in insisting that the father shall give away his daughter without receiving a price. The remaining two forms are permitted to the military class alone, and are abundantly liberal even with that limitation. One is, when a soldier carries off a woman after a victory, and espouses her against her will; and the other, when consummation takes place by mutual consent, without any formal ceremony whatever. Two sorts of marriage are forbidden: when the father receives a nuptial present; and when the woman, from intoxication, or other cause, has been incapable of giving a real consent to the union.

A girl may be married at eight, or even earlier; and, if her father fails to give her a husband for three years after she is marriageable (i.e., capable of being a parent), she is at liberty to choose one for herself. Men may marry women of the classes below them, but on no account of those superior to their own. A man must not marry within six known degrees of relationship on either side, nor with any woman whose family name, being the same, shows her to be of the same race as his own. The marriage of people of equal class is performed by joining hands; but a woman of the military class, marrying a Brahman, holds an arrow in her hand; a Vaisya woman a whip; and a Sudra, the skirt of a mantle. The marriage of equals is most recommended, for the first wife at least: that of a Brahman with a Sudra is discouraged; and, as a first wife, it is positively forbidden.

Marriage is indissoluble, and the parties are bound to observe mutual fidelity. From the few cases hereafter specified, in which the husband may take a second wife, it may be inferred that, with those exceptions, he must have but one wife. A man may marry again on the death of his wife; but the marriage of widows is discouraged, if not prohibited (except in the case of Sudras). A wife who is barren for eight years, or she who has produced no male children in eleven, may be superseded by another wife.

It appears, notwithstanding this expression, that the wife first married retains the highest rank in the family. Drunken and immoral wives, those who bear malice to their husbands, or are guilty of very great extravagance, may also be superseded. A wife who leaves her husband's house, or neglects him for a twelvemonth, without a cause, may be deserted altogether.

A man going abroad must leave a provision for his wife. The wife is bound to wait for her absent husband for eight years, if he be gone on religious duty; six, if in pursuit of knowledge or fame; and three, if for pleasure only. The practice of allowing a man to raise up issue to his brother, if he died without children, or even if (though still alive) he have no hopes of progeny, is reprobated, except for Sudras, or in case of a widow who has lost her husband before consummation.

The natural heirs of a man are the sons of his body, and their sons, and the sons of his daughters, when appointed in default of heirs male to raise up issue to him. The son of his wife, begotten by a near kinsman, at some time when his own life had been despaired of, according to the practice formerly noticed (which, though disapproved of as heretical, would appear to be recognised when it has actually taken place), is also entitled to inherit as a son. On the failure of issue of the above description, an adopted son succeeds: such a son loses all claim on the inheritance of his original father; and is entitled to a sixth of the property of his adoptive one, even if, subsequently to his adoption, sons of the body should be born. On failure of the above heirs follow ten descriptions of sons, such as never could have been thought of but by Hindus, with whom the importance of a descendant for the purpose of performing obsequies is superior to most considerations. Among these are included the son of a man's wife by an uncertain father, begotten when he himself has long been absent, and the son of his wife of whom she was pregnant, without his knowledge, at the time of the marriage. The illegitimate son of his daughter by a man whom she afterwards marries, the son of a man by a married woman who has forsaken her husband, or by a widow, are also admitted into this class; as are, last of all, his own sons by a Sudra wife. These and others (ten in all) are admitted, by a fiction of the law, to be sons, though the author of the code himself speaks contemptuously of the affiliation, even as affording the means of efficacious obsequies.c

HINDU COMMERCE

The Hindus in their most ancient works of poetry are represented as a commercial people. And it is one evidence of the prosperity and wellbeing of a country, that its merchants can travel from one place to another with perfect security to themselves and their merchandise. But further, the regulations of society appear to have awarded a high rank to persons who were employed in the business of commerce. In the Ramayana we are informed, that at the triumphal entry of Rama into his capital, "all the men of distinction, together with the merchants and chief men of the people," went out to meet him; and the procession is closed by the warriors, tradesmen, and artisans.

The internal commerce of India could not have been inconsiderable, as it was in a certain degree prescribed by nature herself. For the sandy shores of the peninsula, not producing in sufficient quantity the first necessaries of life, and particularly rice, the importation of these articles from the country bordering on the Ganges became absolutely indispensable. In return for

which the latter received chiefly spices; and among other valuables, precious stones, and the fine pearls only to be procured in the ocean which surrounds the former. Although cotton, one of the most important materials used for clothing, is common all over India, and manufactured with the same activity on the coasts of the peninsula as in the land of the Ganges, yet the fabric of the two countries differs so much in texture, that a commercial interchange of both kinds would naturally be introduced.

Precious Metals

The great quantity of the precious metals, particularly gold, possessed by India, may well excite our attention and surprise. Though it had neither gold nor silver mines, it has always been celebrated even in the earliest times for its riches. The Ramayana frequently mentions gold as in abundant circulation throughout the country. And the nuptial present made to Sita, we are told, consisted of a whole measure of gold pieces, and a vast quantity of the same precious metal in ingots. Golden chariots, golden trappings for elephants and horses, and golden bells, are also noticed as articles of luxury and magnificence; and it has been already shown, in the course of our inquiries into Phoenician commerce, that the Hindus were the only people subject to that empire who paid their tribute in gold and not in silver. The quantity of this metal then current in India will therefore enable us to infer, with reason, the existence of a considerable foreign commerce and trade with the gold countries.

Without doubt commercial transactions with India during the time of the Romans, and for some time afterwards, were principally carried on in ready money, which is more than once mentioned as an article of importation. And who does not recollect the complaints of the elder Pliny, of the vast sums annually absorbed by the commerce with India? How, indeed, could the case have been otherwise, when a country, which produced in superabundance every possible article, whether required for the necessaries of life or the refinements of luxury, would of course export a great deal, while it imported little or nothing in return; so that the commercial balance would always be in its favour. Hence it followed, that from the moment she possessed a foreign commerce, India would enrich herself with the precious metals by a necessary consequence from the very nature of things, and not by any fortuitous concourse of circumstances.

Coinage; Precious Stones; Weaving

This naturally brings us to the question, whether the Hindus possessed a regular coinage, and how far back the use of it extends. There is no doubt that the precious metals, gold and silver, particularly gold, were in very ancient times the established medium of exchange in India; but this, however, will not prove it to have been coined. If we can repose any confidence in the published translations of native works, the use of coined money would appear to have prevailed in very remote times; for it is expressly mentioned in the fable of Krishna.

Precious stones and pearls, both of them indigenous productions, may be comprised among the most ancient objects of Hindu luxury, and, therefore, of commerce; and they are even expressly recommended by Manu, together with coral and woven stuffs, as the most important articles on which the Vaisyas were carefully to inform themselves as to price, etc. It would be