CHAPTER II.

The Age of the INSTITUTES of MENU, as ascertained by astronomical Computation, reaches back so very near to the Flood, as to justify the Conclusion that they exhibit to us the shattered Remains of the grand PATRIARCHAL CODE, but debased, and perverted to political Purposes, by the Brahmins.-Mr. Halbed's GENTOO CODE and the INSTITUTES the only genuine Sources of European Information on the Subject of ancient Indian Jurisprudence.

In

many Instances, both strongly resemble and illustrate the LEVITICAL Law.-Some of those. Instances adduced, together with numerous Proofs of their being very sanguinary and partial Codes.-Mr. Halbed's being rather a Summary of adjudged Cases, than a complete Digest of Indian Law, is first considered.A regular ANALYSIS is then attempted of the Work of MENU through its Twelve grand Divisions; interspersed with such Observations as suggested themselves to the Author in making it.

HAVING taken the preceding general survey of this ancient and wonderful code of Indian jurisprudence, and of the spirit that breathes throughout it, I shall, in this chapter, after a few introductory observations, proceed to give a summary analysis of each of the twelve chapters it contains, and notice such other striking particulars in it as are more remarkably deserving of attention. In these prefatory observations, I shall have before me both the Institutes as presented to the public by Sir William Jones, and the Hindoo Code of Mr. Halhed, which was compiled by venerable Brahmins as an epitome of that and other ancient lawtreatises now grown in some degree obsolete, or, at least, in less general use.

The Institutes are stated by the translator, in the elegant preface that introduced them to the European world, to be of a date far anterior to the laws of either Solon or Lycurgus; the first promulgation of them, as a code of laws, he is of opinion, was coæval with the establishment of the first monarchies in Egypt or Asia; and, by an ingenious astronomical calculation, strengthened by the internal evidence of the book itself, he endeavours to prove that the first reduction of them to writing, in their present form, was in the year 1280 before

Christ. A very long series of ages must, indeed, have elapsed before a body of laws so extensive, so complicated, so minute in its decisions upon almost every possible species of offence committed again the peace of society,. and abounding with such excellent maxims for the wise government of a vast empire, could have been collected together, and the cases in civil, religious, and commercial concerns, which are enumerated in the course of it, have been determined. We are led gradually back by this statement and these reflections to the earliest post-diluvian centuries, and perceive, amidst a thousand interpolations of artful priests and interested legislators, certain, though faint, gleams of the patriarchal code that prevailed in the first ages.

A tradition very generally prevailed among the ancient Hebrews, that, after Noah had descended from the ark and offered to God that acceptable sacrifice which preceded the covenant the Almighty condescended to make with him, that he would never again inundate the globe, the great patriarch, at the same time, received certain general laws for the regulation of the conduct of the human race at large, till the more particular manifestation of his will from Sinai. These are, in number, Y

VOL. VII.

seven, and are denominated the precepts of the Noachida. By the first of these precepts, idolatry, or the adoration of false gods, is forbidden; by the second, blaspheming the name of the Creator; by the third, the shedding of human blood; by the fourth, incestuous and unlawful conjunctions are prohibited; by the fifth, the plunder of another's property; by the sixth, the eating of flesh cut off from the living animal; and, by the seventh, a solemn injunction is given for the institution of judges and magistrates to enforce obedience to the above laws. In these precepts, according to the Hebrew rabbins, are summed up the great principles of the Law of Nature; which, however, are more justly and concisely stated, in Justinian's celebrated code, to be included in the three following comprehensive maxims; that we should live honestly, molest nobody, and render to every man his due.

In truth, the best rule of human conduct, independent of revelation, is the light of unabused reason, which is very properly considered, by Grotius, as the great original Law of Nature, coæval with the creation of man, formed in that radiant image of his Sovereign Maker; a law, the peculiar growth of no clime, age,

* Selden de Jure Nat. et Gent. lib. i. cap. ult.

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nor condition, but operating, with various energy, in every region, and among every people of the habitable globe.

This law, simple, perspicuous, sublime, continued, for a time, to be the ruling guide of man's conduct, till passion, gaining the ascendant, obscured the light of that glorious internal principle, and, precipitating Reason from her throne in the human bosom, usurped the sovereignty over his will and appetites. Still, however, though the light of reason became eclipsed, the Almighty Ruler had originally so formed man as not to leave himself entirely without a witness in the human mind. To the superintending and directing power of reason, he added another internal principle intended to limit the excess of vice and control the predominant fury of passion. It is that principle to which we all are so intimately conscious, which determines what is morally right or wrong in human action, and whose judgment is attended with consequent self-applause or condemnation. This solemn and secret monitor, occasionally lifting its awful voice, prevented that rapid immersion in guilt, into which his passions, entirely unrestrained, would otherwise have hurried deluded man, and his descent down the stages of vice was slow and gradual. In process of time, however, the criminal affections,