HA

AVING taken the preceding general furvey of this ancient and wonderful code of Indian jurifprudence, and of the spirit that breathes throughout it, I shall, in this chapter, after a few introductory obfervations, proceed to give a fummary analysis of each of the twelve chapters it contains, and notice fuch other ftriking particulars in it as are more remarkably deferving of attention. In these prefatory observations, I fhall have before me both the Inftitutes 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 law-treatifes now grown in fome degree obsolete, or, at least, in lefs 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 firft promulgation of them, as a code of laws, he is of opinion was coæval with the establishment of the first monarchies in Egypt or Afia; and, by an ingenious astronomical calculation, strengthened

by

by the internal evidence of the book itself, he endeavours to prove that the first reduction of them to writing, in their prefent form, was in the year 1280 before Chrift. A very long series of ages muft, indeed, have elapfed before a body of laws fo extenfive, fo complicated, fo minute in its decifions upon almost every poffible fpecies of offence committed against the peace of fociety, and abounding with fuch excellent maxims for the wife government of a vaft empire, could have been collected together, and the cafes 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 earlieft poft-diluvian centuries, and perceive, amidst a thousand interpolations of artful priefts 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 defcended from the ark and offered to God that acceptable facrifice which preceded the covenant the Almighty condefcended Gg 4

to

to make with him, that he would never again inundate the globe, the great patriarch, at the fame time, received certain general laws for the regulation of the conduct of the human race at large, till the more particular manifeftation of his will from Sinai. These are, in number, feven, and are denominated the precepts of the Noachida.* By the first of these precepts, idolatry, or the adoration of falfe gods, is forbidden; by the fecond, blafpheming the name of the Creator; by the third, the shedding of human blood; by the fourth, inceftuous and unlawful conjunctions are prohibited; by the fifth, the plunder of another's property; by the fixth, the eating of flesh cut off from the living animal and, by the feventh, a folemn injunction is given for the inftitution of judges and magiftrates to enforce obedience to the above laws. In these precepts, according to the Hebrew rabbins, are fummed up the great principles of the Law of Nature; which, however, are more justly and concisely stated, in Juftinian's celebrated code, to be included in the three following comprehensive maxims;

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

that

;

that we fhould live honeftly, moleft nobody, and render to every man his due.

In truth, the beft rule of human conduct, independent of revelation, is the light of unabufed reason, which is very properly confidered, 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, nor condition, but operating, with various energy, in every region, and among every people of the habitable globe.

This law, fimple, perfpicuous, fublime, continued, for a time, to be the ruling guide of man's conduct, till paffion, gaining the afcendant, obfcured the light of that glorious internal principle, and, precipitating Reason from her throne in the human bosom, ufurped the fovereignty over his will and appetites. Still, however, though the light of reafon became eclipfed, the Almighty Ruler had originally fo formed man as not to leave himself entirely without a witness in the human mind. To the fuperintending and directing power of reason, he added another internal principle intended to limit the excefs of vice and control

the predominant fury of paffion. It is that principle to which we all are fo intimately conscious, which determines what is morally right or wrong in human action, and whose judgement is attended with confequent selfapplause or condemnation. This folemn and fecret monitor, occafionally lifting its awful voice, prevented that rapid immersion in guilt, into which his paffions, entirely unrestrained, would otherwife have hurried deluded man, and his descent down the stages of vice was flow and gradual. In procefs of time, however, the criminal affections, from repeated indulgence, becoming more headstrong and ungovernable, the admonitions both of the thinking and the judging power were alike difregarded, and human nature was degraded by the basest enormities. The scene then became totally and dreadfully altered. The ties of kindred, the strongest and most pleasing, were univerfally fpurned; the facred duties of hospitality were neglected; the sword de termined all rights; and rapine and violence defolated the whole earth.

In the horrid and convulfed state above defcribed was the ancient world, when it pleased the Deity, by a dreadful exertion of