The meaning is, that the whole property should not be lent: and if the estate be small, and the family be barely maintained from it, in that case no loan should be made. Such is the ascertained sense of the text. But if the means of subsistence cannot be provided by the pursuit of their own profession, even priests may place money at interest: this VRĬHASPATI, quoted by BHAVADEVA, declares.

VII.

VRĬHASPATI : -A twice-born man may practise money-lending, agriculture or trade, not conducted in person; and even practising them in person, during seasons of extreme distress, he is not tainted with sin.(11)

(11) Originally there were but four casts; viz., the Brahmana, the Kshatriya, the Vaisya, and the Sadra. From these has sprung up a multitude of mixed casts, who at the present date maintain their division with great strictness, and abide by certain laws and regulations framed for their social and religious guidance. In the Játimála, or Garland of Classes,-the origin of the four principal casts is given as follows:

"In the first creation, by BRAHMÁ, Brahmanas proceeded, with the Véda, from the mouth of BRAHMA. From his arms Kshtriyas sprung; so from his thigh, Vaisyas: from his foot Sudras were produced: all with their females."

As regards the regular means of subsistence for the above casts, those for a Brahmana are assisting to sacrifice, teaching the Vedas, and receiving gifts; for a Kshatriya, bearing arms; for a Vaisya, merchandize, attending on cattle, and agriculture; for a Sádra, servile attendance on the higher classes. The most commendable acts are, respectively for the four classes, teaching the Veda, defending the people, commerce, or keeping herds or flocks, and servile attendance on learned and virtuous priests.

A Bráhmana, unable to subsist by his own duties, may live by those of a soldier: if he cannot get a subsistence by either of these employments, he may apply to tillage, and attendance on cattle, or gain a competence by traffic, avoiding certain commodities.

A Kshatriya, in distress, may subsist by all these means; but he must not have recourse to the highest functions. In seasons of distress, a further latitude is given. The practice of medicine, and other learned professions, painting and other arts, work for wages, menial service, alms, and usury, are among the modes of subsistence allowed to the Brahmana and Kshatriya.

A Vaisya, unable to subsist by his own duties, may descend to the servile acts of Súdra. A Sadra, not finding employment by waiting on men of the higher classes, may subsist by handicrafts; principally following those mechanical occupations, as joinery and masonry; and practical arts, as painting and writing; by following of which he may serve men of superior classes: and, although a man of lower tribe is in general restricted from the acts of a higher class, the Sidra is expressly permitted to become a trader or a husbandman.

Besides the particular occupations assigned to each of the mixed classes, they have the alternative of following that profession which regularly belongs to the class from which they derive their origin on the mother's side those, at least, have such an option, who are born in the direct order of the tribes, as the Mardhabhishicta, (one born of a Brahmana by a girl of the Kshatriya class,) the Ambasht'ha, and others. The mixed classes are also permitted to subsist by any of the duties of a Sádra ; that is, by a menial service, by handicrafts, by com→ merce, or by agriculture.

Hence it appears, that almost every occupation, though regularly it be the profession of a particular class, is open to most other tribes; and that the limitations, far from being rigorous, do, in fact, reserve only one peculiar profession,—that of the Bráhmana, which consists in teaching the Véda, and officiating at religious ceremonies.

Vide COLEBROOKE, Essay VI, "On Enumeration of Indian Classes,"--(Essays vol. II. pp. 186-187,) from which the preceding particulars are extracted.

The following cases decided by the Court of Sadr-Udalat at Bombay, have reference to some peculiar usages and privileges claimed by the followers of certain professional classes. They are taken from MORLEY'S Digest, Article "Cast" cases 16 b. and 21.

A tradesman being accused by two companies (gold-wire drawers and gold-thread makers) of working at their trades conjointly, the companies respectively instituting suits against him to make him relinquish their trades, it was urged, in defence, that he only practised one trado but admitted that the other was carried on in the same house by his brother and a partner.

2. Having received gain, let him honour the progenitors of mankind, the deities and priests; when they are satisfied, no doubt they deprecate that offence committed by him.

The word 'twice-born' concerns a man of the sacerdotal class; for it is said "he is not tainted with sin:" if it concerned a man of the commercial class, it would be superfluous to say, "he is not tainted with sin;" for it is not supposed that a man of the commercial class sins by practising moneylending. Men of the military class may also practise money-lending, in seasons of distress; for MENU says, "but a Bráhmana and a Čshatriya, obliged to subsist by the acts of a Vaisya, &c."* If they can subsist by their regular profession, priests ought not to rely on money-lending for a livelihoood, since a text of MENU declares,

But, among those six acts of a Bráhmana, (reading and teaching the Védas, sacrificing and assisting to sacrifice, giving and accepting,) three are his means of subsistence; assisting to sacrifice, teaching the Védas,(12) and receiving gifts from a purehanded giver.†

And because MENU reprehends the occupation of a Vaisya followed by a Brahmana;

His own office, though defectively performed, is preferable to that of another, though performed completely; for, he who without necessity lives by the acts of another class, immediately forfeits his own. His own office (which should regularly be discharged by him), however defectively it be performed, is preferable to that of another, though fulfilled; because, he who lives by the acts of another class, instantly falls from his own: this inculcates the necessity of avoiding such offences. CULLÚCABHATTA.

The Court held, that the two companies rising against him was corroborative of his not fairly observing the rules of trade; and though it was a common and allowable practice for two brothers, united in interests, to follow two distinct trades; yet as the trades in the present case were closely connected, and the two brothers, by each following one of these trades in the same house, could play into each other's hands, in a manner contrary to the meaning and sprit of the rules of the two Panchayets, the Court directed that the two brothers should be confined to one of the trades, so long as they should continue to live in the same house, making their own election. - Kulyanjee Narayanjee, versus, Huree Bhaee Poonjiya Mookadum and others.

In a suit by the gold-thread spinners Panchayet, at Surat, against a member of their body, for working for a wire-drawer, contrary to a bye-law of the cast; a decree was given in their favor by the Assistant Judge and the Judge, as it was proved that he had signed the agreement; but on appeal it was held that though it was fully proved that he was a party to the engagement, bye-laws and private engagements like the present, tending to the injury of the public, could not lawfully be made the ground of an action; and the decrees of the Lower Courts were reversed, relieving the appellant from the responsibilites incurred, and making the respondent liable for all costs. Gerdhur Mooljee versus Jugjeeven Luxmeechund, on the part of the Vitrarah Panchayet.-EDITOR.

(12) When the study of the Indian sacred writings was more general than at present, learned priests derived titles from the number of Védas with which they were conversant. Since every priest was bound to study one Véda, no title was derived from the fulfilment of that duty; but a person who had studied two Védas was sirnamed Dvivédi; one who was conversant with three, Trivédi ; and one versed in four, Chaturvédi. The titles abovementioned have become the sirnames of families, especially among the Brahmanas of Kaniya-. kubja or Kanoj, and are corrupted by vulgar pronunciation into Dóbé Tiváré, and Chaubé. It is well known that the Indian scripture is distributed into four parts, severally entitled, Rig, Yaju, Sáman, and Atharvana; and each of which bears the common denomination of Véda.-EDITOR. Chap. 10. v. 75.

* Chap. 10. v. 83.

Here it should be understood, from the expression " he who lives by the acts of another class," that such a practise, whether in person, or not in person, is reprehended. It is also the opinion of eminent lawyers, that penance must be performed for exceeding the rate of an eightieth part and the like, by taking greater interest in a season when no distress is experienced. It would be vain to discuss further the subject of livelihood.

Money-lending may be also practised by a Súdra in times of distress; for YAJNYAWALOYA authorizing traffick, and the Nerasinha purána authorizing agriculture, which, it may be inferred, are accompanied by money-lending, it is a reasonable induction that money-lending is also authorized; and, according to the opinion of VÁCHESPATI MISRA, it appears that a `Súdra inay receive a gain.

YÁJNYAWALCYA :—A 'Súdra should serve twice-born men ; but if he cannot thus subsist, he may become a trader.

The Nerasinha Purána:-Unasked he should give alms to priests, and rely on agriculture for his subsistence.

By whom a loan may be made, and by whom it may not be made, have been both cursorily explained.

SECT. II.-On the same, and on the Form of the Contract. ART. I.-On the Impropriety of Lending to certain Persons.

VIII.

CÁTYÁYANA:--Let no man lend any thing to women, to slaves, (13) or to children: whatever thing of value has been lent to them, the lender cannot in general recover without the assent of their guardian

or master.

it;

Nothing should be lent to women, because they are unable to repay for it is recorded, that they have no property exclusively their own (Book II. Chap. iv. v. 56.) May not their debts be repaid by their husbands? This should not be affirmed, for it is confuted by a text of YÁJNYAWALCYA, which will be quoted. It should be here understood, that a widow has property in the wealth she possesses; but, since she is very helpless, and only supports herself on the abundant wealth before acquired by her husband or the like, out of what funds can she repay the loan? From this apprehen sion, nothing should be lent even to widows. But if there be any certainty of repayment, then a loan may be made; for this text is only a rule of Ethics and since a loan may be subsequently repaid by her son, there is no objection against a loan made to a woman who has a son, whether she be a widow or have a husband living. Nor do we see any objection against loans

(13) The Hindu Lawyers include slaves under the head of "Chattels." Commenting on a passage of YAJNYAWALKYA, JÍMÚTA VÁHANA and CHÚDÁMANI infer from the association in the text of "Immoveables and bipeds," that the term "Chattel" is intended to signify a biped or slave: for," says ACHYUTA, "if the term intend substance in general, the mention of land and corrody, and the specific notice of chattels, would be superfluous." Vide Dayabhaga of JÍMÚTA VAHANA, Ch. ÎI § 14. By Act No. V of 1843, Slavery has been abolished throughout British India, and slaves are now capable of possessing and exercising the same rights as freeborn men. The subject of Slavery will be noticed hereafter, in Book III.-EDITOR.

made to women who have separate property, on the mortgage of their immoveable property. A debt contracted by a woman, whose husband is absent, for her food and apparel, or for the support of her servants, must be repaid by her lord; and debts contracted by the wives of herdsmen and the like, must also be repaid by their husbands: we hold it a rational opinion, that there is no objection against lending money to those women.

Nothing should be lent to slaves, because they also are declared to have no property exclusively their own, by the text above quoted. Here a man's own slave is meant: he should not therefore lend any thing to his own slave; for what that slave acquires, belongs to the master himself. This rule may be applicable to slaves bought: but why should not loans be made to hired servants, for the loans may be repaid out of their wages? Such a doubt should not be entertained: since a servant only maintains his family with difficulty out of trifling wages, whence can he repay a loan? But there is no objection against loans made to servants hired on great wages; and the practise of making such loans subsists amongst excellent persons.

Neither should a man lend any thing to the slave of another, because all his property is dependent on his master: if, therefore, a man do lend any thing to the slave of another, it cannot be demanded from his master. But if the slave of any person ask a loan in his master's name, and it be ascertained that he asks it for the support of his master's family, in that case a loan may be made; for it is declared by a text of CÁTYÁYANA, that such a debt must be discharged by his master.

IX.

CÁTYÁYANA:-Bhrigu ordained, that a man shall pay a debt contracted in his remote absence, even without his assent, by his servant, his wife, his mother, his pupil, or his son: provided it were contracted for the subsistence of the family.(14)

But when a loan is asked by a servant on his own account, whether he belong to the lender or another person, it may be given on the pledge of his wages; this will become evident on the further discussion of the subject: these texts will be explained and discussed in another place; to enlarge would be now superfluous.

A youth is a minor to the end of his fifteenth year, as we shall show in the chapter on the Payment of Debts. Nothing should be lent" to children;" this intends generally any person incapable of civil acts, and comprehends idiots and the like. If there be guardians of the minors and the rest, namely, their maternal uncles or the like; and these take up a loan from a money-lender, for the benefit of the minor or other ward, executing a deed in the ward's name and their own; in that case the loan may be legally advanced after ascertaining that the guardian does not act fraudulently: although no text occurs to this purport, it is proved by the frequent practise of good men. Afterwards, when the minority expires, the creditor may recover the debt from that youth; but, while the minority lasts, he could only recover it from the maternal uncle, or other person entitled to act as guardian. This should be observed by the wise.

Reverend persons, as spiritual parents and the like, to whom harsh discourse cannot be addressed, and who cannot be sued in the king's courts of

(14) A text of NÁREDA of a similar import is cited in Book I. ch. V. v. CXCI.-Editor.

justice, may be comprehended under this text, by considering "Children" as an instance adduced of a general meaning. Consequently, to them also nothing should be lent; but a person who possesses wealth must maintain them, else he would fail in his duty.

X.

NÁREDA to INDRA, in the Herivansa :-No man, O thou subduer of foes, should have pecuniary dealings with him, from whom he desires much affection, nor visit his wife in his absence.

"His" must be supplied.-BHAVADÉVA.

"Pecuniary dealings;" the advance or acceptance of a loan; it may also be understood of deposits and the like. The motive for avoiding such transactions is the apprehension of forfeiting friendship. But a distinction will be mentioned in another place. It is deduced from the obvious sense of the texts, that a loan may be made to any other person except those to whom it is forbidden to lend any thing.

ART. II.-On the Contract of Loan.

XI.

VRIHASPATI, quoted by BHAVADEVA, VÁCHESPATI, and CHANDESWARA:

-A prudent lender should always deliver the thing lent, on receiving a pledge of adequate value, either to be used by him, or merely kept in his hands; or with a sufficient surety, and either with a written agreement, or before credible witnesses.

Any of these, by which confidence may be given to the lender, should be furnished. They are mentioned generally.-MISRA.

The word here employed intends comprehensive illustration. If, therefore, the lender have in his power, by bailment or otherwise, property of more than adequate value belonging to the borrower, this security is also intended by the text. In like manner, where land belonging to any person is taken by another for the purpose of tillage, if the landlord ask a loan of the cultivator, and he advance the loan even without receiving a mortgage of the land, in that case, although there be other creditors, the cultivator, and no other creditor, takes the produce of that land until his loan be discharged: such is the practice. So, if the husbandman ask a loan of his landlord, the landlord, who advances a loan to the husbandman, and no other creditor, seizes the produce of his land, at the time of gathering the harvest, for the payment of the loan he has advanced this custom also subsists in this country; and on this point there is also the authority of a text of CÁTYÁYANA (CCLXXXI); for there is no objection to consider land and the like as comprehended, in that text, under the word "capital." This will be discussed under the head of Payment of Debts: but hence it appears, that land or the like, on which there is such a lien, may be included in the terms of the text. So in other cases also; for it only intends some ground of confidence in future repayment.

"A pledge of adequate value;" by the price or use of which the debt may be discharged with interest: such a pledge, whatever it be. It relates both to the pledge to be used, and that to be merely kept in his hands. The use