that the crimes, against the commiffion of which they were principally meant to guard, are not fuch as generally fpring up among mankind in an affociated and civilized ftate; but such dreadful offences as men fcarcely emerged from barbarism, and under the influence of all the unbridled paffions which agitate to tempeft the human bofom, may be supposed capable of perpetrating: incest of the deepest dye, plunder and robbery, midnight murder, and the violation of virgin beauty. Against thefe crimes, fo fatal to infant states, it was neceffary to raise the strongest rampart which the terror of legal authority could erect against them, and the extreme neceffity of the occafion will too often justify their being written in blood.

In Eastern climes, where defpotifin has ever reigned in its meridian terror, in order to imprefs the deeper awe and respect upon the crowd that daily thronged around the tribunal, the hall of juftice was anciently furrounded with the minifters of vengeance, who generally inflicted, in the prefence of the monarch, the sentence to which the culprit was doomed. The envenomed ferpent that was to fting him to death, the enraged elephant that VOL. VII. Gg

was

1

was to trample him beneath his feet, the dreadful inftruments that were to rend open his bowels, to tear his lacerated eye from the focket, to impale alive, or faw the fhuddering wretch in funder, were constantly at hand to perform their deftined office. The audience-chamber, with the fame view, was decorated with the utmost coft and magnificence, and the East was rifled of its jewels to adorn it. Whatever little credit may in general be due to Philoftratus, his defcription of the fplendid palace and regal pomp of Muficanus too nearly refembles the accounts, given us by our own countrymen, of the magnificence which at prefent diftinguishes those more powerful rajahs, who still retain a portion of their ancient hereditary rights and domain, to admit of doubt, especially in those times when, as yet, the hoarded wealth of India had not been pillaged by the avarice of fucceffive Mahommedan plunderers; the artificial vines of gold adorned with birds of various colours in jewellery, and thick fet with precious ftones, emeralds, and ru bies, hanging in clusters, to resemble grapes in their different ftages towards maturity; the filver cenfers, constantly borne before him,

as

1

as a god, in which continually burned the richeft perfumes of the Eaft; the robe of gold and purple with which he was invested; and the litter of gold, fringed with pearls, on which he was carried in a march or to the chafe. The Mahommedan fovereigns, doubtlefs in imitation of the fplendour in which the ancient Indian monarchs lived, had also their vines of gold, thrones encrufted with diamonds, and ceilings plated with filver, as may be seen in the chapter of the Geographical Differtation, that relates the magnificent decorations of the imperial palaces of Delhi and Agra in the times of the emperors Jehaun and Akber.

In short, whatever could warmly interest the feelings and strongly agitate the paffions of men; whatever inflames hope or excites terror; all the engines of a most defpotic superstition and of a most refined policy were fet at work for the purpose of chaining down, to the prescribed duties of his caft, the mind of the bigotted Hindoo; to enforce undeviating obedience to the law, and secure inviolable refpect for the magistrate,

Philoftratus, lib. iii. cap. 26. Curtius, lib. viii. cap. 9.

Hence his unaltered, his unalterable, attachment to the national code and the precepts of the Brahmin creed. As it has been in India from the beginning, fo will it continue. to the end of time and the diffolution of nature: for the daring culprit who tramples on either, heaven has no forgiveness, and earth no place of shelter or repose

СНАР

CHAPTER II.

The Age of the INSTITUTES OF MENU, as afcertained by aftronomical Computation, reaches back fo very near to the Flood, as to justify the Conclufion that they exhibit to us the shattered Remains of the grand PATRIARCHAL CODE, but debafed, and perverted to political Purpofes, 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

1

Strongly refemble and illuftrate the LEVITI

CAL Law.

Mr.

Some of those Inftances adduced, together with numerous Proofs of their being very fanguinary and partial Codes. Halbed's being rather a Summary of adjudged Cafes, than a complete Digest of Indian Law, is first confidered. A regular ANALYSIS is then attempted of the Work of MENu through its Twelve grand Divifions ; interfperfed with fuch Obfervations as fuggefted themselves to the Author in making it.