115 



perty co-ordinate with the non-existence of a deter- 

 mination not to exclude other authority/ 



" IF a potent subject be able, independent of the 

 king*, to resist invaders, and even to seize the lands 

 of others ; shall his property be deemed independent 

 of the king? No; for that subject ought to be 

 punished by the king*, if he transgress the law : but, 

 if the sovereign be not able to inflict punishment on 

 him, even he is king." 



The subject's property in the soil is weaker than 

 the king's, for the subject is weaker than the king : 

 but it is founded on the reason of the law, and on 

 settled usage : therefore the land of one subject 

 oug*ht not to be sold by the king to another. 



(f THE meaning of the text, which describes the 

 earth as the abode of living creatures, is positively 

 this ; the property is his, who uses the land, where 

 he resides, and while he uses it : and thus, when 

 land belonging to any person is sold by the king, 

 it is a sale without ownership." 1 * 



But, turning from Hindoo Law, let us examine 

 the Laws of our predecessors, which superseded 

 Hindoo Law, wherever the authority of the Emperor 

 extended. 



NOQAYAH. u Waste Land," says the Canon, u is i 

 land, unproductive in consequence of want of irriga- 



* Digest of Hindoo Law, with the commentary of Jagan- 

 natha Tercapanchannana. Golebroke. The great importance 

 of this portion of the subject must be my excuse for the length 

 of these extracts. 



i2 



