all the subjects above mentioned, is called Smriti, what was remembered, in contradistinction to Sruti, what was heard. By these names it is signified, that the Véda has preserved the words of revelation, while the system of law records the sense expressed in other words. It has been promulgated by thirty-six ancient Sages, who are named in three verses of the Padma purána; YÁJNYAWALCYA, however, mentions no more than twenty: on the other hand, Sages are cited in law tracts, whose names do not appear in either list.(3)

(3) RÁMA KRISHNA, a modern Hindu writer, gives a list of thirty-nine sages, of whom nine are new names, not found in the lists given by YAJNYAVALKYA and the Padma purana.

The following is a list of all the sages or Rishis, who are recognised as authors of distinct codes of Hindu law and ritual. YAJNYAVALKYA mentions twenty names, viz :

PARASARA enumerates also twenty authors; but instead of Yama, Vrihaspati, and Vyasa in the above list, he gives the names of Kasyapa, Gargya, and Prachétas,

The following seventeen names given in the Padma purana, do not occur in the

RAMA KRISHNA's catalogue contains the following nine names which are not recorded in either of the lists above given :

To the above forty-six names some writers add five more, increasing the number to

MR. BORRADAILE mentions the names of ten sages as authors of Law Institutes. (Preface to Vyavahara Mayúkhu.)

Reference to the Institutes of these authors is seldom met with.

Treatises, attributed to these ancient philosophers, are extant, which internal evidence proves to be, though probably composed by other persons, as the Puranas, written by many different authors, are all ascribed to VYÁSA; for, the dramatic form which has been given to most of those tracts, and the use of the third person when the reputed author is named in his code, extort a confession from commentators, that the institutes must have been composed by pupils from the recollection of precepts delivered by their holy instructor. Without examining whether the authenticity of codes now extant be thus sufficiently established, the Hindus revere those institutes, as containing a system of sacred law confirmed by the Véda itself, in a text thus translated by Sir WILLIAM JONES according to the gloss of SANCARA : "GOD, having created the four classes, had not yet completed his work; but, in addition to it, lest the royal and military class should become insupportable through their power and ferocity, he produced the transcendent body of law; since law is the king of kings, far more powerful and rigid than they: nothing can be mightier than law, by whose aid, as by that of the highest monarch, even the weak may prevail over the strong."

Concerning the birth and actions of the legislators, we know little more than what is recorded in the Puránas ; and the whole of what is there recorded, belongs either to heroic history, or to mythology. Such topics would be here. misplaced but a short notice of the institutes, commentaries, and digests, which have been used by the compiler, may be fitly subjoined to introduce to the reader's acquaintance the authorities cited in the work.

The laws of MENU, who is revered by Hindus as the

:

It may be mentioned in this place that several Smritis are sometimes ascribed to the same author his greater or lesser Institutes (vrihat or laghu,) or a later work of the author when old (vriddha.)

Nearly all the Dherma Sastras attributed to the Sages above named are extant.

first of legislators,(4) have already appeared in the English language.(5) Among the numerous commentaries on his institutes, the most esteemed have been noticed in the preface to the translation of his work, namely a commentary by MÉD'HÁTIT'HI son of BÍRASWAMI BHATTA, which, having been partly lost, has been completed by other hands at the court of MADANA PÁLA, a prince of Digh; another commentary by GOVINDA RÁJA; a third by D'HARANID'HERA; and the celebrated gloss of CULLÚCABHATTA, intitled Menwart'ha Muctúvalí, and some others, are occasionally quoted in this Digest.(6)

ATRI, not named among legislators in the Padma purána, is second in the list of YÁJNYAWALCYA; he is one of

(*) Menu, the author of the Institutes, is surnamed Svayâmbhuva, i. e, issuing from the self existent. He is regarded to be the first of the seven Menus, who governed the world, Bramha himself is related to have revealed the laws contained in the Institutes to his offspring the Rishi Bhrigu subsequently promulgating the ordinances thus communicated by divine revelation,

(5) Sir WILLIAM JONES' translation of the Institutes of Menu was first published in Calcutta is 1794, It has been incorporated also in the works of Sir William Jones, published by Lord Teignmouth,—Vol. 3, p. 51, edition 1799: and vol. 7, p.75, edition 1807. In 1825, a second edition of this translation was published in 2 vols.-edited by Sir Graves C. Haughton. Another translation by an anonymous author appeared in Calcutta,-in 2 vols. 1830. A third edition of Sir William Jones's translation, edited by the Revd. P. Percival, was published at Madras in one volume. A French translation of the Institutes of Menu by M, Loiseleur Deslongchamps appeared in Paris in 1833.

(*) These four commentaries on the laws of Menu are all in considerable repute. Sir William Jones, however, characterizes the first as prolix and unequal, the second as concise but obscure; the third as often erroneous; reserving for the fourth, i, e., the Gloss of Cullucabbatta, the praise of being "the shortest, yet the most luminous; the least ostentatious, yet the most learned; the deepest, yet the most agreeable, commentary ever composed on any author ancient or modern, European or Asiatic."

In addition to the commentaries specified above, mention is made of several other glosses on the Code of Menu : such as the Manvarta Chandrika, by Raghavananda, made use of by M. Deslongchamps. The commentary of Bhaguri. The Madhava of Sayanachárya; and the Nandarajkrit, by Nandarája: both, mentioned by Steele and lastly, the Kamadhenu, which Colebrooke has not seen, but which is often cited by Stridharácharya in his Smritisara.

:

the ten lords of created beings,* and father of DATTATREYA, DURVÁSAS and SóмA: a perspicuous treatise in verse, attributed to him, is extant. VISHNU, not the Indian divinity, but an ancient philosopher who bore this name, is reputed author of an excellent law treatise in verse; and HÁRÍTA is cited as the author of a treatise in prose: metrical abridgements of both works are also extant.

YÁJNYAWALCYA, grandson of VISWAMITRA, is described, in the introduction of his own institutes, as delivering his precepts to an audience of ancient philosophers assembled in the province of Mithila. These institutes have been arranged in three chapters, containing one thousand and twenty-three couplets.(7) An excellent commentary, intitled Mitacshará, was composed by VIJNYANESWARA, a hermit, who cites other legislators in the progress of his work, and expounds their texts, as well as those of his author, thus composing a treatise which may supply the place of a regular digest: it is so used in the province of Benares, where it is preferred to other law tracts; but some of his opinions have been successfully controverted by late writers. Following the arrangement of his author, he has divided his work into three parts: the first treats of duties; the second, of private contests and administrative law; the third, of purification, the orders of devotion, penance and so forth. Another commentary on YÁJNYAWALCYA by DÉVABÓD'HA, and one by VISWARUPA, are occasionally cited. The Dipacalicá by 'SÚLAPÁNI, which is likewise a commentary on

MENU, Chap. I, v. 35.

(7) The text of YAJNYAVALKYA was printed in Calcutta in 1812, with the commentary entitled the Mitakshara of VIJNYANESVARA; the sixth Chapter of this valuable work treating of Inheritance, has been translated by MR. COLEBROOKE, and printed at Calcutta 1810, Madras 1822. A third edition is in the press, edited by MR. W. STOKES, of the Inner Temple. The text with a German translation has been published by PROFESSOR STENZLER, at Berlin, 1849.

YÁJNYAWALCYA, is in deserved repute with the Gauriya school.(8)

USANAS is another name of SUCRA, the regent of the planet Venus: he was grandson of BHRIGU: his institutes in verse, with an abridgement, are extant; as is a short treatise containing about seventy couplets ascribed to ANGIRAS, who holds a place among the ten lords of created beings, and, according to the Bhagavata, became father of UTAT'HYA and of VRIHASPATI in the reign of the second MENU. A short tract containing a hundred couplets is attributed to YAMA, brother of the seventh MENU, and ruler of the world below: CULLÚCABHATTA Wrote a gloss on his institutes. APASTAMBA was author of a work in prose, which is extant, with an abridgement in verse: but the metrical abridgement only of the institutes of SAMVERTA is among the tracts which were collected for the present compilation. CÁTYÁYANA is author of a clear and full treatise on law, and also wrote on grammar and on other subjects. VRIHASPATI, regent of the planet Jupiter, has a place among legislators; he was son of ANGIRAS according to one legend, but son of DÉVALA according to another: the abridgement of his institutes, if not the code at large, is extant. PARÁSARA, grandson of VASISHT'HA, is termed the highest authority for the fourth age: a work attributed to him is extant, with a commentary by MADHAVÁCHÁRYA. Vyása, son of Parásara, is reputed author of the Puránas, which, with some works more immediately connected with law, are often cited in his name. SANC'HA, and LIC'HITA are the authors of a joint work in prose, which has been abridged in verse: their separate tracts in verse are also extant. Heroic history notices two personages of the name of

(s) See further as regards YAJNYAVALKYA and his commentatorз, MR. COLEBROOKE's preface to his translation of Mitakshara, on Inheritance,