tinian's ineftimable pandects, compiled by the most learned of the native lawyers, with an accurate verbal translation of it into English; and if copies of the work were deposited in the proper offices of the Sedr Divani Adaulat*, and of the fupreme court, that they might occafionally be confulted as a standard of justice, we should rarely be at a loss for principles at least, and rules of law applicable to the cafes before us, and fhould never perhaps be led aftray by the pundits or maulavis, who would hardly venture to impose on us, when their imposition might fo easily be detected. The great work, of which Juftinian has the credit, confifts of texts collected from law books of approved authority, which in his time were extant at Rome, and thofe texts are digefted according to a fcientifical analyfis; the names of the original authors, and the titles of their several books, being constantly cited with references even to the parts of their works, from which the different paffages were selected: but although it com

*The court of appeals in civil suits.

prehends the whole system of jurisprudence, public, private, and criminal, yet that vaft compilation was finished, we are told, in three years; it bears marks unquestionably of great precipitation, and of a defire to gratify the Emperor by quickness of dispatch; but with all its imperfections, it is a most valuable mine of judicial knowledge, it gives law at this hour to the greatest part of Europe, and, though few English lawyers dare make such an acknowledgement, it is the true fource of nearly all our English laws, that are not of a feudal origin. It would not be unworthy of a British government, to give the natives of these Indian provinces a permanent fecurity for the due administration of justice among them, fimilar to that which Juftinian gave to his Greek and Roman fubjects: but our com pilation would require far lefs labour, and might be completed with far greater exactness in as short a time, fince it would be confined to the laws of contracts and inheritances, which are of the most extensive use in private life, and to which the legislature has limited the

decifions of the fupreme court in causes between native parties; the labour of the work would also be greatly diminished by two compilations already made in Sanfcrit and Arabic, which approach nearly in merit and in method, to the digeft of Juftinian: the first was compofed a few centuries ago by a Brahman of this province, named Raghunanden, and is comprised in twenty-feven books at least, on every branch of Hindu law: thê fecond, which the Arabs called the Indian decifions, is known here by the title of Fetaweb Aalemgiri, and was compiled by the order of Aurangzeb, in five large volumes, of which I poffefs a perfect and well-collated copy. To tranflate these immenfe works would be fuperfluous labour; but they will greatly facilitate the compilation of a digest on the laws of inheritance and contracts; and the code, as it is called, of Hindu law, which was compiled at the request of Mr. Haftings, will be useful for the fame purpose, though it by no means obviates the difficulties before stated, nor fuperfedes the neceffity or Life-V. II.

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the expedience at least of a more ample repertory of Hindu laws, efpecially on the twelve different contracts, to which Ulpian has given specific names, and on all the others, which, though not fpecifically named, are reducible to four general heads. The lastmentioned work is entitled Vivadamavafetu, and confifts, like the Roman digefts, of authentic texts, with the names of their feveral authors regularly prefixed to them, and explained, where an explanation is requifite, in fhort notes taken from commentaries of high authority it is, as far as it goes, a very excellent work; but though it appear extremely diffuse on subjects rather curious than useful, and though the chapter on inheritances be copious and exact, yet the other important branch of jurifprudence, the law of contracts, is very fuccinctly and fuperficially difcuffed, and bears an inconfiderable proportion to the reft of the work. But whatever be the merit of the original, the tranflation of it has no authority, and is of no other use than to suggest enquiries on the many dark paffages which we

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find in it; properly speaking, indeed, we cannot call it a tranflation; for though Mr. Halhed performed his part with fidelity, yet the Perfian interpreter had fupplied him only with a loose injudicious epitome of the original Sanferit, in which abstract many effential paffages are omitted; though feveral notes of little confequence are interpolated, from a vain idea of elucidating or improving the text. All this I fay with confidence, having already perused no small part of the original with a learned pundit, comparing it as I proceeded, with the English verfion. Having fhewn therefore the expedience of a new compilation for each fyftem of Indian law, I beg leave to ftate the difficulties which muft attend the work, and to fuggeft the means of removing them.

The difficulty which first presents itself, is the expense of paying the pundits and maulavis who must compile the digeft, and the native writers who must be employed to transcribe it. Since two provinces are immediately under this government, in each of which