ing the essence of twenty general treatises,' besides referring to twenty-two other works for information, and translating the result into Persian, in the interval between May 1773 and February 1775, or in about twenty months. It is quite impossible, therefore, to suppose that their work can have been done with anything like completeness or thoroughness, or, indeed, in any but a perfunctory and wholly unscientific manner; whilst, looking to the novel and extraordinary circumstances in which these Brahmans were called on by a white conqueror to present to the public a view of their Holy Law,' we cannot reasonably presume that their labours may have been undertaken in a spirit of perfect loyalty and honesty, or carried through unbiassed by Brahman hopes and fears. If these eleven compilers had performed their duty quite regardless of the magnificent opportunity that offered, of once for all establishing their caste in the eyes of the English as the one community of any real importance in all the land. between the Himalayas and the sea, they would not have been Brahmans, they would hardly have been men.

6

But, on the other hand, the Gentoo Code presents to the inquirer the inestimable and unique advantage of a purely Indian, though modern, view of Indian customs grounded in religion. We may open it at

1 It is observable that the Pandits place these in what they suppose to be their chronologic order. First come Manu and Yājñavalkya; then three works by Lukkee Deher, Muddun Pāreejās, and Chandeesur; next two by Pacheshputtee Misr, and two by Jimuta Vahana, neither of which is styled the Dayabhaga. The last of all is a treatise by Sirree Kishen Terkalungkar. The sutras, and Narada, and some other well known works appear not to have been used in compiling the Code.

almost any page with the certainty of finding at once some Indian principles, and Indian reasons for them, quite unadulterated with English notions, absolutely free from English phrases, analogies, comparisons and 'apt equivalents.' We have in it at least a tolerably faithful picture of usage, not at all disturbed by the malign action of a cheap and unsatisfactory medium. Search it as we may, from beginning to end, we shall find here no traces of the lawyer's handiwork, not a single allusion to a joint and undivided family,' or to the' managing member,' to 'survivorship,' to 'coparcenary,' or to any of the jargon of the present day. All will be simple and natural, at least from the orthodox Brahman's standpoint; and the layman who reads the book will be persuaded that, after all, Hindu law need not be a very difficult subject of study.

Like Narada, the work consists of an Introduction, and a number of chapters, each on one of the usual topics, such as 'Lending and Borrowing,' the 'Division of Inheritable Property,' 'Justice,' 'Trust or Deposit,' 'Gift,'' Wages,' and the like. But it is much more extensive in object and details. And, possibly in accordance with instructions received, it deals much more elaborately than does Narada with certain subjects of practical utility, such as the division of 'inheritable property.'

The Introduction consists of two parts, (1) an account of the creation, and (2) an 'account of the qualities requisite for a magistrate, and of his employment.'

The former of these shows that in the beginning

the four castes sprang from the principle of truth, and for a long space of time things went on properly, each caste following its own appropriate occupation. The Brahman studied and taught, worshipped and sacrificed, and received gifts; the Ksatriya studied and worshipped and fought; the Vaiçya studied and worshipped and looked after commerce, the tending of cattle, and agriculture; and the Çudra busied himself in serving the superior castes. This agreeable state of things was gradually broken up, owing to the prevalence of sin of all sorts, and Brahma was caused to reflect within himself, and to write a çastra for the improvement of mankind. After this, and when many kings had ruled the world in turn, King Vena arose (compare Manu VII. 41 and IX. 66), 'in whom every sign of an inhuman disposition plainly appeared.' He put down worship and works of piety and the execution of justice, and on being warned by the Brahmans that all kinds of wickedness and confusion would be occasioned by his misrule, particularly adultery and a mixture of castes leading to the creation of a criminal tribe of half-breeds, to be called the Varna-Sankara, he laughed at them, and said, ' Let us see, since the tribe of Varna-Sankara is produced, what its religion and manners must be.' Then he sent for a Brahman woman, and lay with her, and begot a son on her. And by similar improper connections many half-breeds were begotten, until the country was filled with outcaste tribes, of whom a long list is given. At last the Brahmans put this impious tyrant to death, and from his body miraculously raised

up a son and daughter capable of together producing a pious and efficient race of kings. After a while the new King consulted the Brahmans as to the disposal of the Varna-Sankara, and they instructed him to refrain from putting these tribes to death, and after taking steps to prevent the formation of new tribes in the future, to let the existing tribes remain, appoint them their several occupations, and direct them to the exercise of piety.' The King hearkened to their words, and summoned all the new tribes to appear before him. They appeared, and after chastising them for their insolence, the King agreed to do as requested, and 'appoint them several occupations, and settle their Varna, or peculiarity, and property of tribes.'

Then the Brahmans addressed them, saying, You are of the castes of Sooder, let each person amongst you declare what employment he is willing to exercise.' Thereupon the tribe of Kerrum first stepped forward, and begged the Brahmans, as being Pandits, to make a proper investigation. And accordingly it was settled that they should 'perform the service of the magistrate,' and should have due faith in the Brahmans and in the gods, and be the first in rank of the Çudra castes. Then the Ambastas were disposed of, and after them numerous tribes were dealt with, including at the last Candalas, and leather-sellers, and drumbeaters, and various low castes usually regarded as mere non-castes, beyond the pale.

This fanciful and absurd explanation of the origin and development of the castes is not without its use,

inasmuch as it shows with unmistakable clearness that, in the opinion of these selected Brahman lawyers, the so-called laws of the Dharmaçãstra were not revealed or intended for the benefit of the great mass of the population existing in India a hundred years ago, but (at the most) only for the very small fraction of it that could properly be held to represent the four original and pure castes; whilst it is not unreasonable to suppose that they may have approved the tradition of the incorporation of the VarnaSankara with the Çudra caste, only because they entirely ignored the right of Çūdras to any connection with holy law and Hinduism, except in the capacity of obedient and humble servants of the Brahmans, who would obey all orders and ask no questions. In other words, they may have assented to the admission of the general population to the status of Çudras, because in their eyes that status involved no more than the privilege of serving.

The account of the qualities and employment of the Magistrate, by which is meant the chief magistrate or ruler of the country, extends over eleven quarto pages, and gives an excellent idea of the Brahman view of what the ruler ought to be and to do.1 The most noteworthy feature in it is the special prominence assigned to punishment, by which mainly the order and well-being of the State is to be preserved; whilst, on the other hand, not a word is said about the establishment of courts of law, or the administration of civil, as distinguished from

1 Confer the end of the next following chapter.