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CHAP. II. - James Mill, The History of British India, vol. 1 [1817]Edition used:The History of British India in 6 vols. (3rd edition) (London: Baldwin, Cradock, and Joy, 1826). Vol. 1.
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CHAP. II.lassification and Distribution of the People. The transition from the state of tribes to the more book ii.Chap. 2. regulated and artificial system of a monarchy and laws is not sudden; it is the result of a gradual preparation and improvement. That loose independence, which suits a small number of men, bound together by an obvious utility, scattered over an extensive district, and subject to few interferences of inclination or interest, is found productive of many inconveniences, as they advance in numbers, as their intercourse becomes more close and complicated, and as their interests and passions more frequently clash. When quarrels arise, no authority exists to which the parties are under the necessity of referring their disputes. The punishment of delinquents is provided for by no preconcerted regulation. When subsistence, by the multiplication of consumers, can no longer be obtained without considerable labour, the desire to encroach upon one another adds extremely to the occasions of discord: and the evils and miseries, which prevail, excite at last a desire for a better regulation of their common affairs. But slow is the progress, made by the human understanding, in its rude and ignorant state. No little time is spent; first, in maturing the conviction that a great reformation is necessary; and next, in conceiving the plan which the exigency requires. Many partial remedies are thought of and applied; many failures experienced; evils meanwhile increase, and press more severely; at last men become weary and disgusted with the condition of things, and prepared for any plausible change which may be suggested to them. In every society there are superior spirits, capable of seizing the best ideas of their times, and, if they are not opposed by circumstances, of accelerating the progress of the community to which they belong. The records of ancient nations give us reason to believe that some individual of this description, exalted to authority by his wisdom and virtue, has generally accomplished the important task of first establishing among a rude people a system of government and laws. It may be regarded as a characteristic of this primary institution of government, that it is founded upon divine authority. The superstition of a rude people is peculiarly suited to such a pretension. While ignorant and solitary, men are perpetually haunted with the apprehension of invisible powers; and, as in this state only they can be imposed upon by the assumption of a divine character and commission, so it is evidently the most effectual means which a great man, full of the spirit of improvement, can employ, to induce a people, jealous and impatient of all restraint, to forego their boundless liberty, and submit to the curb of authority.1 No where among mankind have the laws and book ii.Chap. 2. ordinances been more exclusively referred to the Divinity, than by those who instituted the theocracy of Hindustan. The plan of society and government, the rights of persons and things, even the customs, arrangements, and manners, of private and domestic life; every thing, in short, is established by divine prescription. The first legislator of the Hindus, whose name it is impossible to trace, appears to have represented himself as the republisher of the will of God. He informed his countrymen that, at the beginning of the world, the Creator revealed his duties to man, in four sacred books, entitled Vedas; that during the first age, of immense duration, mankind obeyed them, and were happy; that during the second and third they only partially obeyed, and their happiness was proportionally diminished; that since the commencement of the fourth age disobedience and misery had totally prevailed, till the Vedas were forgotten and lost;1 that now, however, he was commissioned to reveal them anew to his countrymen, and to claim their obedience. The leading institutions of the Hindus bear evidence that they were devised at a very remote period, when society yet retained its rudest and simplest form. So long as men roam in the pastoral state, no division of classes or of labour is known. Every individual is a shepherd, and every family provides for itself the commodities with which it is supplied. As soon as the cultivation of land, which yields a more secure and plentiful subsistence, occupies a great share of the common attention, the inconvenience of this universal mixture of employments is speedily felt. The labours of the field are neglected, while the cultivator is engaged at the loom, or repelling the incursions of an enemy. His clothing and lodging are inadequately provided for, while the attention of himself and his family are engrossed by the plough. Men quit not easily, however, the practices to which they have been accustomed; and a great change in their manners and affairs does not readily suggest itself as a remedy for the evils which they endure. When the Hindus were lingering in this uneasy situation, it would appear that there arose among them one of those superior men, who are capable of accelerating the improvement of society. Perceiving the advantage which would accrue to his countrymen from a division of employments, he conceived the design of overcoming at once the obstacles by which this regulation was retarded; and clothing himself with a Divine character, established as a positive law, under the sanction of Heaven, the classification of the people, and the distribution of occupations. Nor was it enough to introduce this vast improvement; it was right to secure that the original members of the different classes should be supplied with successors, and that the community should not revert to its former confusion. The human race are not destined to make many steps in improvement at once. Ignorant that professions, when once separated, were in no danger of being confounded, he established a law, which the circumstances of the time very naturally suggested, but which erected a barrier against further progress; that the children of those who were assigned to each of the classes, into which he distributed the people, book ii.Chap. 2. should invariably follow the occupation of their father through all generations. The classification instituted by the author of the Hindu laws is the first and simplest form of the division of labour and employments. The priest is a character found among the rudest tribes; by whom he is always regarded as of the highest importance. As soon as men begin to have property, and to cultivate the ground, the necessity of defenders is powerfully felt; a class, therefore, of soldiers, as well as a class of husbandmen, becomes an obvious arrangement. There are other services, auxiliary to these, and necessary to the well-being of man, for which it still remains necessary to provide. In a state of great simplicity, however, these other services are few, and easily performed. We find accordingly that the Hindu legislator assigned but one class of the community to this department. The Hindus were thus divided into four orders or castes. The first were the Brahmens or priests; the second, the Cshatriyas or soldiers; the third, the husbandmen or Vaisyas; and the fourth, the Sudras, the servants and labourers.1book ii.Chap. 2. On this division of the people, and the privileges or disadvantages annexed to the several castes, the whole frame of Hindu society so much depends, that it is an object of primary importance, and merits a full elucidation. I. The priesthood is generally found to usurp the book ii.Chap. 2. greatest authority, in the lowest state of society. Knowledge, and refined conceptions of the Divine nature, are altogether incompatible with the supposition, that the Deity makes favourites of a particular class of mankind, or is more pleased with those who perform a ceremonial service to himself, than with those who discharge with fidelity the various and difficult duties of life. It is only in rude and ignorant times that men are so overwhelmed with the power of superstition as to pay unbounded veneration and obedience to those who artfully clothe themselves with the terrors of religion.1 The Brahmens among the Hindus have acquired and maintained an authority, more exalted, more commanding, and extensive, than the priests have been able to engross among any other portion of mankind. As great a distance as there is between the Brahmen and the Divinity, so great a distance is there between the Brahmen and the rest of his species. According to the sacred books of the Hindus, the Brahmen proceeded from the mouth of the Creator, which is the seat of wisdom; the Cshatriya proceeded from his arm; the Vaisya from his thigh, and the Sudra from his foot; therefore is the Brahmen infinitely superior in worth and dignity to all other human beings.1 The Brahmen is declared to be the Lord of all the classes.2 He alone, to a great degree, engrosses the regard and favour of the Deity; and it is through him, and at his intercession, that blessings are bestowed upon the rest of mankind. The sacred books are exclusively his; the highest of the other classes are barely tolerated to read the word of God; he alone is worthy to expound it. The first among the duties of the civil magistrate, supreme or subordinate, is to honour the Brahmens.3 The slightest disrespect to one of this sacred order is the most atrocious of crimes. “For contumelious language to a Brahmen,” says the law of Menu,4 “a Sudra must have an iron style, ten fingers long, thrust red hot into his mouth; and for offering to give instruction to priests, hot oil must be poured into his mouth and ears.” “If.” says Halhed's code of Gentoo laws,5 “a Sooder sits upon the carpet of a Brahmen, in that case the magistrate, having thrust a hot iron into his buttock, and branded him, shall banish him the kingdom; or else he shall cut off his buttock.” The following precept refers even to the most exalted classes: “For striking a Brahmen even with a blade of grass, or overpowering him in argument, the offender must soothe him by falling prostrate.”6 Mysterious and awful powers are ascribed to this wonderful being. “A priest, who well knows the law, needs not complain to the king of any book ii.Chap. 2. grievous injury; since, even by his own power, he may chastise those who injure him: His own power is mightier than the royal power; by his own might therefore may a Brahmen coerce his foes. He may use without hesitation the powerful charms revealed to Atharvan and Angiras; for speech is the weapon of a Brahmen: with that he may destroy his oppressors.”1 “Let not the king, although in the greatest distress, provoke Brahmens to anger; for they, once enraged, could immediately destroy him with his troops, elephants, horses, and cars. Who without perishing could provoke those holy men, by whom the all-devouring flame was created, the sea with waters not drinkable, and the moon with its wane and increase? What prince could gain wealth by oppressing those, who, if angry, could frame other worlds and regents of worlds, could give being to other gods and mortals? What man, desirous of life, would injure those, by the aid of whom worlds and gods perpetually subsist; those who are rich in the knowledge of the Veda? A Brahmen, whether learned or ignorant, is a powerful Divinity; even as fire is a powerful Divinity, whether consecrated or popular. Thus, though Brahmens employ themselves in all sorts of mean occupations, they must invariably be honoured; for they are something transcendently divine.”2 Not only is this extraordinary respect and pre-eminence awarded to the Brahmens; they are allowed the most striking advantages over all other members of the social body, in almost every thing which regards the social state. In the scale of punishments for crimes, the penalty of the Brahmen, in almost all cases, is infinitely milder than that of book ii.Chap. 2. the inferior castes. Although punishment is remarkably cruel and sanguinary for the other classes of the Hindus, neither the life nor even the property of a Brahmen can be brought into danger by the most atrocious offences. “Neither shall the king,” says one of the ordinances of Menu,1 “slay a Brahmen, though convicted of all possible crimes: Let him banish the offender from his realm, but with all his property secure, and his body unhurt.” In regulating the interest of money, the rate which may be taken from the Brahmens is less than what may be exacted from the other classes.2 This privileged order enjoy the advantage of being entirely exempt from taxes: “A king, even though dying with want, must not receive any tax from a Brahmen learned in the Vedas.”3 Their influence over the government is only bounded by their desires, since they have impressed the belief that all laws which a Hindu is bound to respect are contained in the sacred books; that it is lawful for them alone to interpret those books; that it is incumbent on the king to employ them as his chief counsellors and ministers, and to be governed by their advice. “Whatever order,” says the code of Hindu laws,4 “the Brahmens shall issue conformably to the Shaster, the magistrate shall take his measures accordingly.”5 These prerogatives and privileges, important and extraordinary as they may seem, afford, however, but an imperfect idea of the influence of the Brahmens in the intercourse book ii.Chap. 2. of Hindu Society. As the greater part of life among the Hindus is engrossed by the performance of an infinite and burdensome ritual, which extends to almost every hour of the day, and every function of nature and society, the Brahmens, who are the sole judges and directors in these complicated and endless duties, are rendered the uncontrolable masters of human life. Thus elevated in power and privileges, the ceremonial of society is no less remarkably in their favour. They are so much superior to the king, that the meanest Brahmen would account himself polluted by eating with him, and death itself would appear to him less dreadful than the degradation of permitting his daughter to unite herself in marriage with his sovereign. With these advantages it would be extraordinary had the Brahmens neglected themselves in so important a circumstance as the command of property. It is an essential part of the religion of the Hindus, to confer gifts upon the Brahmens. This is a precept more frequently repeated than any other in the sacred books. Gifts to the Brahmens form always an important and essential part of expiation and sacrifice.1 When treasure is found, which, from the general practice of concealment, and the state of society, must have book ii.Chap. 2. been a frequent event, the Brahmen may retain whatever his good fortune places in his hands; another man must surrender it to the king, who is bound to book ii.Chap. 2. deliver one-half to the Brahmens.1 Another source of revenue at first view appears but ill assorted with the dignity and high rank of the Brahmens; by their influence it was converted into a fund, not only respectable but venerable, not merely useful but opulent. The noviciates to the sacerdotal office are commanded to find their subsistence by begging, and even to carry part of their earnings to their spiritual master. Begging is no inconsiderable source of priestly power.2 The duties of the Brahmens may be summed up in a few words. They are, to read the Vedas; to teach them to the young Brahmens; and to perform sacrifices and other religious acts.3 II. Among the castes of the Hindus, the next in dignity and rank to the priestly tribe, is that of the Cshatriyas, or the military class. In the rude and early state of society, as man has provided few securities against the evils with which he is assailed, and his wisdom has enabled him to draw few general rules respecting the order of their recurrence, he lives in a perpetual expectation of unhappy events, as well from nature, as from his fellow men; and fear is the passion which chiefly usurps the government book ii.Chap. 2. of his mind. The priest soothes his imagination, in regard to the first and most awful source of his apprehensions, by undertaking to procure for him the favour of the mysterious powers of nature. The soldier, from whom he expects protection against the ravages of hostile men, is the second object of his veneration and gratitude; and in the history of society, it will be generally found, that the rank and influence of the military order are high, in proportion as the civilization of the people is low.1 To all but the Brahmens, the caste of Cshatriyas are an object of unbounded respect. They are as much elevated above the classes below them, as the Brahmens stand exalted above the rest of human kind. Nor is superiority of rank among the Hindus an unavailing ceremony. The most important advantages are attached to it. The distance between the different orders of men is immense and degrading. If a man of a superior class accuses a man of an inferior class, and his accusation proves to be unjust, he escapes not with impunity; but if a man of an inferior class accuses a man of a superior class, and fails in proving his accusation, a double punishment is allotted him.2 For all assaults, the penalty rises in proportion as the party offending is low, the party complaining book ii.Chap. 2. high, in the order of the castes. It is, indeed, a general and a remarkable part of the jurisprudence of this singular people, that all crimes are more severely punished in the subordinate classes; the penalty ascending, by gradation, from the gentle correction of the venerable Brahmen to the harsh and sanguinary chastisement of the degraded Sudra.1 Even in such an affair as the interest of money on loan, where the Brahmen pays two per cent., three per cent. is exacted from the Cshatriya, four per cent. from the Vaisya, and five per cent. from the Sudra. The sovereign dignity, which usually follows the power of the sword, was originally appropriated to the military class, though in this particular it would appear that irregularity was pretty early introduced. To bear arms is the peculiar duty of the Cshatriya caste, and their maintenance is derived from the provision made by the sovereign for his soldiers. III. The Vaisyas are the third caste of the Hindus. Their duties are to tend cattle, to carry on merchandize, and to cultivate the ground. They are superior only to the Sudras, who owe to them, however, the same awful respect and submission, which it is incumbent on them to pay to the military class. IV. As much as the Brahmen is an object of intense veneration, so much is the Sudra an object of contempt, and even of abhorrence, to the other classes of his countrymen. The business of the Sudras is servile labour, and their degradation inhuman. Not only is the most abject and grovelling book ii.Chap. 2. submission imposed upon them as a religious duty, but they are driven from their just and equal share in all the advantages of the social institution. The crimes which they commit against others are more severely punished, than those of any other delinquents, while the crimes which others commit against them are more gently punished than those against any other sufferers.1 Even their persons and labour are not free. “A man of the servile caste, whether bought or unbought, a Brahmen may compel to perform servile duty; because such a man was created by the Self-existent for the purpose of serving Brahmens.”2 The law scarcely permits them to own property; for it is declared that “no collection of wealth must be made by a Sudra, even though he has power, since a servile man, who has amassed riches, gives pain even to Brahmens.”3 “A Brahmen may seize without hesitation the goods of his Sudra slave; for as that slave can have no property, his master may take his goods.”4 Any failure in the respect exacted of the Sudra towards the superior classes is avenged by the most dreadful punishments. Adultery with a woman of a higher caste is expiated by burning to death on a bed of iron. The degradation of the wretched Sudra extends not only to every thing in this life, but even to sacred instruction and his chance of favour with the superior powers. A Brahmen must never read the Veda in the presence of Sudras.5 “Let not a Brahmen,” says the law of Menu, “give advice to a Sudra; nor what remains from his table; nor clarified butter, of which part has been offered; nor let him give spiritual counsel to such a man, nor inform him of the legal expiation book ii.Chap. 2. for his sin: surely he who declares the law to a servile man, and he who instructs him in the mode of expiating sin, sinks with that very man into the hell named Asamvrita.”1 Although the adherence of each class to the particular employment assigned to it was secured by the most rigid laws, and the severest penalties, there were extraordinary cases in which a limited departure was permitted. When a Brahmen cannot obtain subsistence book ii.Chap. 2. by the proper business of his order, he may apply himself to that of the Cshatriya or the Vaisya, but must never become so far degraded as to engage in that of the Sudra. The Cshatriya and Vaisya, in like necessitous circumstances, may have recourse respectively to the business of the class or classes below them, even that of the Sudra, but are strictly interdicted from profaning the employment of any class above them. The Sudra having, originally, no inferior class, was probably abandoned to his necessities, though afterwards, in the employments of the mixed classes, a resource was opened also for him.1 In this arrangement, as usually happens in the laws of the Hindus, the advantages are all on the side of the superior orders. The Brahmen has open to him, if need be, the occupations of all the respectable classes; he can overload them with additional numbers in the season of distress, a season at which it is natural for them to be overloaded without him, while his own occupation is exempt from the encroachment or competition of any other description of men. The Cshatriya, while he has the occupations open to him of two of the castes, is liable to the interference of one of them only. The Vaisya, on the other hand, can have recourse to none but the lowest of employments, that of the Sudra, while he is liable to be straitened in his own occupation by the interference and competition of both the orders above him. The unfortunate Sudra, who has no resource, may be driven from his employment, and his means of subsistence, mediately or immediately, by all the other classes of the community. This distribution of the whole people into four classes only, and the appropriation of them to four species of employment; an arrangement which, in book ii.Chap. 2. 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 union of the sexes was guarded against by the severest laws. 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 befal 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,1 it is stated that, after a succession of good kings, who secured obedience to the laws, book ii.Chap. 2. 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 Brahmens put this wicked king to death, and by an effort of miraculous power created a 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 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,1 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 Brahmen with a woman of the Cshatriya class, whose duty is the teaching of military exercises. book ii.Chap. 2. 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 [1]There is scarcely an exception to this rule. Minos often retired into a cave, where he boasted of having familiar conversations with Jupiter: Mneues, the great legislator of Egypt, proclaimed Hermes as the author of his laws: it was by the direction of Apollo that Lycurgus undertook the reformation of Sparta: Zaleucus, the legislator of the Locrians, gave out that he was inspired by Minerva: Zathruspes, among the Arimaspians, pretended that his laws were revealed to him, by one of their divinities: Zamolxis boasted to the Getes of his intimate communications with the goddess Vesta: the pretensions of Numa among the Romans are well known. (See Goguet, Origin of Laws, part II. book I. ch. i. art. 9.) The Druids, among the ancient Britons and Gauls, were at once the legislators, and the confidants of the Divinity. Odin, who was himself a Divinity, and his descendants, who partook of his nature, were the legislators of the Scandinavians. “The legislators of the Scythians,” says Mallet (Introd. to Hist. of Denmark, ii. 43,) “represented God himself as the author of the laws which they gave to their fellow-citizens.” [1.]This is a necessary supposition, as the generation to whom the Vedas were first presented must have known that they had no previous acquaintance with them, and could not believe that they had remained familiar to mortals from the period of their first revelation. [1.]There is an instructive passage in Plato (De Repub. lib. ii.) in which he ascribes the origin of political association and laws, to the division of labour; Γιγνται πολις, ως εγ’ μαι, επειδαν τνγχανειμωνκαςοςουκ αυταρκης, αλλα πολλων ενδεης. From this cause, he says, men are obliged to associate, one man affording one accommodation, another another, and all exchanging the accommodations which each can provide, for the different accommodations provided by the rest. It is curious that, in limiting the simplest form of a political association, he makes it to consist of four or five classes of men. Αλλα μεν πρωτη γε και μιγιςη των, ἡ της τροφñς παρασκευη, δευτερα ὶε οικησιως, τριτη εσθητος καιτων τοιουτων. ∗ ∗ ∗ Ειη δ’ αν η’ γε αναγκαιοτατη πολις εκ τ[WW] That sagacious contemplator of the progress of society, Millar, describing the ancient state of the Anglosaxons, remarks, that the people of England were then divided into four great classes, the artificers and tradesmen, husbandmen, those who exercised the honourable profession of arms, and the clergy. He adds, “From the natural course of things it should seem that, in every country where religion has had so much influence as to introduce a great body of ecclesiastics, the people, upon the first advance made in agriculture and in manufactures, are usually distributed into the same number of classes or orders. This distribution is accordingly to be found not only in all the European nations, formed upon the ruins of the Roman empire; but in other ages, and in very distant parts of the globe. The ancient inhabitants of Egypt are said to have been divided into the clergy, the military people, the husbandmen, and the artificers. The establishment of the four great castes, in the country of Indostan, is precisely of the same nature.” (Millar's Historical View of the English Government, book I. ch. xi.) In Egypt the people were divided by law in the same hereditary manner as in Hindostan. It is highly worthy of observation that, notwithstanding all the revolutions and changes to which Egypt has been subject, some remains of the division into castes are yet visible. “La distinction par familles se retrouve encore dans les villes; l’exercise des arts et metiers est hereditaire, le fils imite les procedés de son pere, et ne les perfectionne pas.” (Le General Reynier, De l’Egypte, p. 59.) It is worthy of observation that the Colchians and Iberians were also divided into four castes, whose rank and office were hereditary and unchangeable. (Herodot. lib. ii. cap. civ. cv. Strabo, lib. ii. 765. See also Bryant's Ancient Mythology, v. 102, 107.) In some situations this step in civilization, natural and simple as it may appear, is not easily made. How long have the wandering Arabs remained without it? What an improvement would the bare institution of the Hindu classes be upon their condition? and what merit would the legislature have, who should introduce it? The same observation is applicable to the Tartars. [1]It was in the dark ages that the Romish priesthood usurped so many privileges. Our ancestors were barbarous when the Druids exercised over them an unlimited authority. The soothsayers and priests among the Greeks and Romans lost their influence as knowledge increased. Among the rude inhabitants of Mexico and Peru, the authority of the priest equalled or superseded that of the king, and was united in the same person. [1]Laws of Menu, ch. i. [2]Ib. x. [3]Ib. vii. [4]Ib. viii. 271, 2. “From his high birth alone, a Brahmen is an object of veneration even to deities; his declarations to mankind are decisive evidence; and the Veda itself confers on him that character.” Ib. xi. 85. [5]Ib. x. 1. [6]Ib. x. 206. [1]Laws of Menu, ch. xi. 31, 32, 33. [2]Ib. ix. 313–319. [1]Laws of Menu, ch. viii. 380. [2]Ib. viii. [3]Ib. vii. 133. [4]Halhed, Preface to the Code of Gentoo Laws. [5]The Druids among the ancient Britons, as there was a striking similarity in many of the doctrines which they taught, so possessed many similar privileges and distinctions to those of the Brahmens. Their persons were inviolable; they were exempt from taxes and military service; they exercised the legislative, the judicial, and, with the exception of commanding armies in the field, almost the whole of the executive powers of government. Cæsar, De Bell. Gal. lib. vi. 13, 14. Henry's Hist. of Great Britain, i, 302, 317. [1]See the Laws of Menu, passim. “The organs of sense and action, reputation, a heavenly mansion, life, a great name, children, cattle, are all destroyed by a sacrifice offered with trifling presents: let no man therefore sacrifice without liberal gifts.” Ib. xi. 40. “Let every man, according to his ability, give wealth to Brahmens detached from the world and learned in scripture; such a giver shall attain heaven after this life.” Ib. xi. 6. “Having reckoned up the persons whom the Brahmen is obliged to support, having ascertained his Divine knowledge and moral conduct, let the king allow him a suitable maintenance from his own household; and, having appointed him a maintenance, let the king protect him on all sides, for he gains from the Brahmen whom he protects a sixth part of his virtue.” Ib. xi. 22, 23. “Of that king in whose dominions a learned Brahmen is afflicted with hunger, the whole kingdom will in a short time be afflicted with famine.” Ib. vii. 114. [1.]Laws of Menu, ch. viii. The law is laid down somewhat differently in Halhed's Code: when a man finds any thing belonging to another, the magistrate is to be informed, and if the finder is a Brahnen, he keeps the whole; from others a part goes to the magistrate; and from a Sooder all but two twelfths. Halhed's Gentoo Laws, ch. 21, sect. 2. [2.]Laws of Menu, ch. ii. The mendicity of the priests seems to have been a general instrument of priestly imposture. It was so among the Romans; and no unproductive one. See Apuleius, Metam. l. viii. p. 262. Cicero, in his Book of Laws, proposes to restrain the begging trade of the priests.—Stipem sustulimus, nisi eam quam ad paucos dies propriam Idæ Martis excepimus: Implet enim superstitione auimos, exhaurit domos. Cic. de Legib. 1. ii. 9, 16. The Popish mendicants are a notorious instance. See Middleton's Letter from Rome, in Works of Dr. Conyers Middleton, iii. 116. [3.]See the Laws of Menu, passim. [1.]To this observation I know not that any exception can be adduced, which is not resolvable into the influence of a government purely or chiefly military. This, however, is the effect of art, or of forced circumstances, not of nature, or of reason. It is Mandeville, I think, who remarks, that fear is the origin of the admiration which has been generally bestowed upon the profession of arms; and in confirmation of this observes, that it is the most timid sex by whom the military character is the most admired. Mr. Hume has remarked, that it is the most timid sex, also, who are the most devoted to superstition, and the priests. [2.]Halhed's Code, ch. xv. sect. 2. “If a man of an inferior caste,” says the Gentoo code, “proudly affecting an equality with a person of superior caste, should speak at the same time with him, the magistrate in that case shall punish him to the extent of his abilities.”—Ib. [1.]See the Laws of Menu, and Halhed's Gentoo Code, passim. The case of theft is an exception to this, the higher classes being punished the most severely. [1.]See the Laws of Menu, and Halhed's Gentoo Code, passion. [2.]Laws of Menu, ch. viii. 413. [3.]Ib. x. 129. [4.]Ib. viii. 417. If he be distressed for subsistence, says the gloss of Culluca. [5.]Ib. [1.]Laws of Menu, ch. viii. 80, 81. “If,” says the Gentoo code, “a man of the Sooder reads the beids of the Shaster, or the Pooran, to a Brahmen, a Chehter, or a Bin, then the magistrate shall heat some bitter oil, and pour it into the aforesaid Sooder's mouth; and if a Sooder listens to the beids of the Shaster, then the oil, heated as before, shall be poured into his ears, and arzeez and wax shall be melted together, and the orifice of his ears shall be stopped up therewith. If a Sooder gets by heart the beids of the Shaster, the magistrate shall put him to death. If a Sooder always performs worship and the jugg, the magistrate shall put him to death. If a Sooder gives much and frequent molestation to a Brahmen, the magistrate shall put him to death.” (Halhed's Code of Gentoo Laws, ch. xxi. sect. 7.) It is among the most barbarous tribes, that we in general find the principle of subordination abused to the greatest excess. Perhaps no instance is equal to that which exhibits itself among the Hindus. “Among the Natchez,” (says Robertson, Hist. Americ. ii. 139,) a powerful tribe now extinct, on the banks of the Mississippi, a difference of rank took place, with which the northern tribes were altogether unacquainted. Some families were reputed noble, and enjoyed hereditary dignity. The body of the people was considered as vile, and formed only for subjection. This distinction was marked by appellations which intimated the high elevation of the one state, and the ignominious depression of the other: the former were called Respectable; the latter, the Stinkards.”—“To be a servant” (says Millar, Distinction of Ranks, ch. v. sect. 1.) “in these primitive times, was almost universally the same thing as to be a slave. The master assumed an unlimited jurisdiction over his servants, and the privilege of selling them at pleasure. He gave them no wages beside their maintenance; and he allowed them to have no property, but claimed to his own use whatever, by their labour, or by any other means, they happened to acquire.—Thus the practice of domestic slavery appears to have been early established among the nations of antiquity; among the Egyptians, the Phœnicians, the Jews, the Babylonians, the Persians, the Greeks, and the Romans.—The same practice obtains at present among all those tribes of barbarians, in different parts of the world, with which we have any correspondence.” [1.]Laws of Menu, ch. x. passim. Mr. Colebrooke on the Indian Classes, Asiat. Researches, v. 63. [1.]Vide Halhed's Code of Gentoo Laws, preface. [1.]Colebrooke on the Indian Classes, Asiat. Research. v. 53. On this subject, however, that intelligent author tells us, that Sanscrit authorities in some instances disagree. Classes mentioned by one are omitted by another; and texts differ on the professions assigned to some tribes. It is a subject, he adds, in which there is some intricacy. [1.]“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.” Colebrooke on the Indian Classes, Asiat. Research. v. 53. 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 conformable 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, (part I. book I. ch. i. art. 3; Herodot. lib. i. cap. 200; Strab. liv. xvi. p. 1082; Diod. lib. ii. p. 142.) Cecrops distributed into four tribes all the inhabitants of Attica. (Pollux, lib. viii. cap. 9. sect. 100; Diodorus Siculus, lib. ii. p. 33.) 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. (Plutarch. Vit. Thes.) Aristotle expressly informs us, (Polit. lib. vii. cap. 10.) 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: Ormusd 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 priest; that of the soldier; that of the husbandman, the source of riches; and that of the artizan or labourer.” Zendavesta, i. 141. 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. See a Discourse of Mr. Joinville on the Religion and Manners of the People of Ceylon, Asiat. Research. vii. 430, et seq. [1.]“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.” Colebrooke on the Indian Classes, Asiat. Research. v. 53. 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 conformable 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, (part I. book I. ch. i. art. 3; Herodot. lib. i. cap. 200; Strab. liv. xvi. p. 1082; Diod. lib. ii. p. 142.) Cecrops distributed into four tribes all the inhabitants of Attica. (Pollux, lib. viii. cap. 9. sect. 100; Diodorus Siculus, lib. ii. p. 33.) 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. (Plutarch. Vit. Thes.) Aristotle expressly informs us, (Polit. lib. vii. cap. 10.) 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: Ormusd 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 priest; that of the soldier; that of the husbandman, the source of riches; and that of the artizan or labourer.” Zendavesta, i. 141. 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. See a Discourse of Mr. Joinville on the Religion and Manners of the People of Ceylon, Asiat. Research. vii. 430, et seq. |

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