the institution of the Family Council, and partially to recognise and define the position, rights, and duties of the Managing Member.
8. The Heads of Castes must be officially and judicially recognised.
When these things have been done, and the new system of administering Hindû law has been worked for some years, it will be possible, perhaps very easy, to draw up a Code of Hindû law upon the basis of the Usages and Customs,' as modified and illustrated by select decisions of the District Courts and High Court.
Into that matter I need not enter. I have completed the work originally undertaken, and will wind with the devout hope, Non si male nunc et olim sic
BORIGINES, the earliest sur- viving, 115
Achâra (custom) the only law, 89 Âchârya, Aryan teacher, 57; title borne by smiths, &c., 102; initia- tion by, 147 Adhvaryus, 38, 67
Adoption, incestuous, invalid, 10 n; a temporal arrangement, 68; by widow, 122; Kritrima, form of, 122, 128; customs relating to, 124, 127; ceremony, object, and effect of, 127; of daughter, 128 n, 131; of sister's son, 133, 185; religious idea of, 141; is a form of will, 141; of females, 141, 142; false principle touching, 143; of daugh- ter's or sister's son, 143 n; Kṛi- trima, by widows, 143 n; what, connotes, 187
Affiliating sons forbidden, 48
Amazons guarded the King, 28 Ambel-anat, marriage, 146 n Ancestors, worship of, 145 Ândhra, dynasty, people, &c., 110; Apastamba school
country, 62 Andhra-Drávida = Tamil, 110 Animal food in Hiouen Thsang's time, 34
Antelope, black, land of, 41 Anuloma and Pratiloma, mixed classes, 100
Âpastamba, holds puritan doctrines, 48; black Yajur-Veda called, 63; school in Madras, not in Bombay, 62; authority for S. India, 62; folk numerous in S. India, 70, 71 Apatya, meaning of, 131 n Appointing widows forbidden, 48 'Apt equivalents,' use of, denounced, 186
Âgamas, necessity of exploring the, Arsha marriage, 28
Agnatic kinsmanship, consequences of, 150
Agriculturists in Megasthenes' time,
Alienation by undivided member,
10n; of one's own share, 189 Aliyasantânada Kaṭṭu Kaṭṭale no authority, 10 n
Arthasástras, meaning and authority of, 50
Artificers, five classes of, Chapter V. Artisans in Megasthenes' time, 27. See Artificers.
Arya community, law of, 4 n Arya country, what, 31 n Aryans, few in Madras, 4 n; nothing
in common between, and Drá- vidas of S. India, 6; on the Indus called Visas, 89; western, heretical and non-Brahmanic, 91, 133; eastern, at Páṭaliputra, 91 Aśoka, date and inscription of, 23; grandson of Chandragupta, 26-34; converted to Buddhism, 91; a Jainist, 92
Atharva Veda, part of, taken from
Western Vrátyas, 91 n
Aurangzib, Dara, put to death, 75 Authority, the 'paramount.' See Mitaxará, Hindû law, of Gurus and others, 161, 168
BANISHMENT among the bar-
barians, 34; substituted for capital punishment, 35 n; meaning of, 172
Barth, opinion of, 135 Baudhâyana, tolerant doctrines of, 48; school, 63 Beena, marriage, 146 n
Benares, Bernier's notice of, 37; ad- ministration of justice at, 164 Bhaktás, Vaishnavites, 94; same as Jains, 94
Bhakti, faith in Vishnu, 94
Bhattas of, and respected by, the people, 81 n Bhoja Râjâ, 75
Bibi of Cannanore, custom of family of, 155
Black antelope, land of, 41
Yajur Veda, schools that study, 23; constantly mentioned, 59; foundation of Mánava-D.S., 59; suggested defence for, Brahman, 61; Taittirîya or Âpastamba, 63; studied by Maîtrâyanîyas, &c., 69 ; Manu, principal of the, authors, 71 Blue-books in Hiouen Thsang's time,
Bombay, customs of, 130 Bouchet, his letter on law, 118, 125, 127, 128
Boulnois and Rattigan, 132, 155, 158
Bramhahatya, what included in, 168 Brahman, application of name, 31 Brahmanism, power of, in Hiouen Thsang's time, 33; dead, 137 Brahman kingdom in Hiouen Thsang's time, 31
Brahmans, philosophers in Megas-
thenes' time, 27 n; nine classes of, in Damathat, 31; Hiouen Thsang's account of, 31; ignorance about, 55; practised dharma, 55; indif- ferent about law, 83; mostly Apastambiyas in S. India, 84; how far do modern, approve Mîmámsá system, 60; what are the practices of, 87; none in S. Irdia before seventh century, 91; six sects of, 95; precedence of low castes over, 104; usages of, do they follow their Sakhás, 135-52; how put to death, 172; how, govern them- selves, 175; what books obliga- tory on, 176, 177 Brahmarshi, what, 41 Brahmayamatham 103 n
Briggs' Ferishta, 36
Brother, elder, marriage of, to tree, 146 n
Brothers, customs amongst, 126, 132; community amongst, 150 Buchanan, 167, 188
Buddhism, date of triumph of, 25; in Fa Hian and Hiouen Thsang's time, 35; extinction of, 36; origin of, 90; Saivites connected
Buddhist clergy, ascendency of, 35 n Buddhistic origin, of writing, 24; of Mitáxará, 83
YALDWELL, 108
Canouj (see Kanyá-Kubja). Capital punishment, abolished by Aśoka, 33
Caste, in Hiouen Thsang's time, 31;
custom ascertained by the, 130 Castes, authority of, 161-72 Ceylon, laws of Tamils of, 122–26; Beena marriage in, 146 n Chaitanya, repudiated caste, 92 Chalukya sovereigns claimed to be Mánava: Menu's code for their benefit, 37 n
Chandalas, hunters, 26 n; a class of Brahmans, 31 n; origin of term,
Chandogas studied Sâma-Veda, 62 Chandragupta, grandfather of Aśoka,
25, 32; King of the Prasi, 91; a Jainist, 92
Charakas, school of the Adhvaryas, 67
Charana, one should attach himself to a, 54
Charanas, object of, in composing sûtras, 24; laws of, how far obso- lete, 55; how formed, 58; their mark, laws, &c., 58
Chárváka, sect, 95, 96
Chettis, claim to be Vaisyas, 98, 102
Child, belongs to tribe, 127 Children, claims of, in what case dis- regarded, 144
Christianity, legislation against, by
Chucklers, of Mysore, have priests, 68 n
Ciladitya, the great Buddhist king, 35, 109
Civilisation of S. India, 110 Classes. See Four Classes Codification, when to be attempted,
Cohabitation of father with son's wife, 119; with son's widow, 119,
Colebrooke, 9, 12, 65, 66, 73, 75, 79, 83, 86, 165, 186 Communal system, village, in the Panjâb, 133
Community, of kinsmen, 150; not
common to all Hindoos, 151; vil- lage, an exotic in S. India, 151 n Concubinage, very common, 148 Concubines, claims by, 149 Conjeveram, furthest point reached by Hiouen Thsang, 31; copper- plates at, 173
Coparcenary, idea of, 175. See Com- munity
Courts of justice, foreign to India, 44; in native states, 161 Crimes and sins, not distinguished in early works, 54; the most heinous, 163
Cultivator, got one fourth in Megas- thenes' time, 26; owned the land in Hiouen Thsang's? 34 Cunningham's Digest, 1, 3, 4 Custom, regulates everything, 2 n, 66;
cannot prevail against distinct authority, 10 n; the only law, 87; the guide at Poona and Khandesh, 130; how to be ascertained, 190 Customs, love of people for their, 9; different in different countries, 46-49; what, obligatory, 52; col- lections of, Chapter VI.; of people
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