L A W. 
S 4 & 
was the aft of military violence, the eighth the rape of a 
damfel aileep, intoxicated, or infane. The feventh was 
bafe; but the fifth and lalt were deteftably fo, and illegal. 
Parties of even clafs joined hands; but the Cfhatriya dam- 
Jel, on her marriage with a Brahmin, held an arrow in her 
hand ; the Vaifya, in the fame ceremony with a hufband 
of higher rank, held a whip; the humble Sudra was led 
by theikirt of a mantle. Marriage could not be contracted 
within the fixth degree, paternal or maternal, nor with one 
who by her family-name was known to be of the fame primi¬ 
tive flock with his father or mother. Several other deferip- 
tionsof families and perfonsare to be avoided, forirreligion, 
want of male ifTue, difeafe, deformity, or defect. Among 
the characters to be avoided in the choice of a wife is a 
girl immoderately talkative ; and it may excite the reader’s 
curiofity to find out how it can be a qualification in the 
lady to walk gracefully, like a yoUng elephant. Injl , iii. 7-10. 
The eight kinds of marriage have been noticed under our 
article Hindoostan, vol. x. p. 14.2. The connection of 
this part of the Inflitutes with the original inftitution of 
marriage is very ftrong. “ Then only is a man perfect, 
when he confiftsof three perfons united, his wife, himfelf, and 
liis fon ;” and thus have learned Brahmins announced the 
maxim, “ The hufband is even one perfon with his wife.” 
(ix. 4.5-47.) “ Neither by fale nor defertion can a wife 
be releafed from her hufband : thus we fully acknowledge 
the law of old enaCted by the Lord of creatures. Let 
mutual fidelity continue till death ; this in few words 
may be confidered the fupreme law between hufband and 
wife.” (ix. 101 . vii. 77.) One only confort is talked of for 
a king, and throughout the code with a few exceptions; 
and (v. 168) it is faid, “ Having thus kindled facred 
fires, and performed funeral rites, to his wife who died 
before him, he may again marry; and, (169,) having 
taken a lawful confort, let him dw-ell in his houfe during 
the fiecond period of his life.” 
Divorce was only permitted where the hufband had 
been deceived by the father of the girl, and fhe proved 
blemifhed, afflicted with difeafe, or previoufly deflowered 
and given to him with fraud. Where indeed the widow 
was childlefs, the brother was to raife up a fon to him, 
as among the Jews ; but at other times the marriage of a 
widow is ever confidered as a degraded practice, and 
wholly difapproved. The wife might acquire a property 
Independently of her hufband by gift before marriage or 
during it; and this property was her own, though the 
wealth fhe might earn was regularly acquired for the man 
io whom fhe belonged ; but fhe was cautioned againfl 
making a hoard of her hufband’s property to gain a lepa- 
xate eftate. Injl. v. viii. ix. 
Upon his commencement in the career of life, the vari¬ 
ous duties of his clafs are allotted to each youth. Four 
‘lawful modes of livelihood are afflgned to the Brahmin ; 
he may live by gleaning and gathering, by what is given 
xinalked, by what is afked in alms, and by tillage. The 
■occupations of the warrior and the merchant, even money- 
lending, are permitted him in diitrefs; but fervice for hire, 
and the gain of wealth by any art pleafing to thefenfes, are 
utterly prohibited. To attain happinefs, he muff check all 
defire of acquiring more than he pofteftes ; for happinefs is 
defined to have its root in content, and difeontent to be 
root of mifery. Injl. iv. 
The precepts for a fovereign and the rules for the mili¬ 
tary clafs form a very prominent chapter (vii.) in the In- 
flitutes. The policy and conduCt to be adopted by a fo¬ 
vereign in regard of his people, as well as with his neigh¬ 
bours, in peace and war, is admirable. The indolence, 
the extravagance of pleafure, the opprefflve rapacity of 
fervants, all the vices and mifconduCl, enormous or mean, 
that degrade the prince and wean the fubjeCt, are pointed 
out with no lefs truth than freedom. He mult cherifli 
peace where peace is his prefervation, but be ever pre¬ 
pared for war; in the protedion of his people is his main 
ftrength and duty, and in that protedion, ever mindful 
<ef his military clafs, he rnuft never brook the defiance of 
his enemy, nor turn his face from battle. The fovereigia 
who fflall obferve the rules laid down for his government 
and condud in this chapter, will find in them the bell fe- 
curity of his throne. To the warrior-clafs in general, the 
inftrudions are no lefs noble; and the high principles of 
humanity and honour preferibed to him, even in the" fury 
of the field, far lurpafs thofe of the proudeft days of Eu¬ 
ropean chivalry. 
To the prince, as to the father of the people, the Hin¬ 
doo law commits the cuftody of that property which the 
owner is himfelf incapable of managing, and of that fe¬ 
male who is incapable of proteding herfelf. The pro¬ 
perty of the ltudent or the minor, whether acquired by 
defeent or otherwife, until his ftudentfhip ceafed, or the 
attainment of his fixteenth year, and the childlefs widow, 
or other female objed of companion, were equally con¬ 
fided to the difinterelled care of the monarch. For three 
years he held the property which no one appeared to 
claim ; if none appeared before the lapfe of this time, it 
became his to conrifcate; if owned, he had a fixth, a tenth, 
or a twelfth, for the care of it. The Brahmin was the 
lord of all; and, if he found a hidden treafure, he might 
appropriate it to himfelf; but, if another found it, the 
king might feize to his own ufe one half, having given 
the other half to the Brahmins. The king was de¬ 
clared the lord paramount of the foil, and might take 
one half of the precious minerals difeovered; but, beyond 
this mere right of a moiety of treafure-trove and mines, 
his paramountcy no way extended ; the adual and entire 
ownerfhip belonged to the pofTefTor; though the king, as 
protedor, took a limited and eafy proportion of the an¬ 
nual profits and gains of all his fubjeds. Ch. viii. 
The civil and criminal part of the Hindoo law is regu¬ 
larly divided under eighteen diltind titles ; and the prin¬ 
ciples laid down will in general be fouhd not unworthy 
the mod refined jurifprudence. The right of property is 
firll derived from occupancy. “ Sages,” fays the code, 
“ who know former times, pronounce cultivated land to 
be the property of him who cut away the wood, or who 
cleared and tilled it; and the antelope, of the firll hunter 
who mortally wounded it;” alfo the produce of the thing 
belongs to the owner, unlefs by agreement to the contra¬ 
ry. Property might alfo be virtuoufiy acquired by feven 
other modes; viz. by lucceffion, by donation, by purchafe, 
or by exchange; thefe were common to all the dalles ; 
by conquell, which was peculiar to the military clafs; by 
lending at intereft, by hulbandry or commerce, which 
were the occupations of the mercantile clafs; and by ac¬ 
ceptance of prefents from refpedable men, which was 
peculiar to the Ihcerdotal order. Almolt any modes of 
livelihood were permitted in times of dillrefs. Ch. viii. 
ix. x. 
On the death of the father and mother, their eftate was 
divided among the fons. The eldeft took the entire pa¬ 
trimony fo long as his younger brothers chofe to live un¬ 
der him ; if they demanded a feparation, then among thofe 
born of mothers of equal clafs a portion equal to a twen¬ 
tieth of the heritage was firll deducted for the eldeft, with 
the bell chattel and beaft ; for the middlemolt, half of that, 
or a fortieth ; for the youngell, a quarter of it, or an eigh¬ 
tieth ; but, if the eldeft and youngell refpeClively take 
their juft-mentioned portions, and if there were more than 
one between them, each of the intermediate fons took a 
mefne portion, or a fortieth firll deducted, and the re¬ 
mainder was equally divided among all. Or, if no de¬ 
duction was made, the eldeft took a double (hare, the fe- 
cond fon a lhare and a half, the others a (hare each; a An¬ 
gle bead remaining belonged to the firll born. Brothers 
were obliged to portion their fillers by the fame mother, 
each with a fourth part of his lhare. The reprefentative 
was not fo far fnbftituted in the right of the anceftor as 
to take his entire lhare; thus, the eldeft dead, and the 
younger having raifed up a fon to him by his widow, fitch 
Ion only took an equal lhare with his natural father,, 
which lhare of/the fon the natural father was obliged to. 
deliver 
