L A W. 
deliver to him at the age of fifteen, according to Culluca; 
but fuch fon could only be raifed to a brother where all 
his other brothers were devoid of male ilfue; for, by one 
brother having male ilfue, all the others are declared to 
have become fathers. In the fame manner, where a man 
had no fon, and his daughter fliould, by her father’s ap¬ 
pointment, raife up a fon to him, the fon of fuch daugh¬ 
ter, and the foils of her father by any after-taken wife, 
fliould, if of the fame clafs, all (hare alike, becaufe there 
was no primogeniture for a woman; but, where there was 
no after-born fon, the fon of fuch daughter took the 
whole. If the daughter appointed to raife up a fon to 
her father died without ilfue, her hufband took the fliare 
belonging to her, and the whole property of the father, if 
no other ilfue male were born to him. But the right of 
primogeniture did not take place in favour of a fon by a 
mother of a lower clafs, as againft the after-born fon of an 
after-taken wife of a higher clafs. Thus, where there were 
children by different wives of different claffes, the pro¬ 
perty was divided as follows. The fon by a Brahmin firfl 
deducted the chief fervant, the bull, the riding-horfe, the 
carriage, the ornaments, and the principal meffuage; af¬ 
ter this, the fame fon took three (hares, the for.s of a Cfha- 
triya-wife two (hares, the Ions of a Vaifya-vvife one (hare 
and a half, and the fon of a Sudra-wife one (hare. If, as 
in confequence of the eldeft-born fon of the firft wife be¬ 
ing of lower clafs, no deduction was made, the fon of the 
Brahmin took four-tenths, the fon of the Cfhatriya three- 
tenth (hares, the fon of the Vaifya two-tenth (hares ; the 
remaining tenth went to the Sudra-fon, who could never 
take more, nor inherit any thing as againft a higher clafs. 
Among the children of Sudras all took alike; but among 
others it would feem the children took per Jlirpes, in right 
of the clafs of their refpeftive mothers. The uterine bro¬ 
thers and filters alfo took the property of their deceafed 
mothers. 
According to the Inftitutes of Menu, there were no lefs 
than twelve forts of fons. i. The natural-born fon of 
the father and mother. 2. The fon by a mother impreg¬ 
nated by another perfon with the authority of the huf¬ 
band, on his fuppofed incurable illnels, or irremediable 
defeat. 3. The fon by gift, if Of the fame clafs. 4. By 
adoption, if of the fame clafs ; but fuch adopted fon loft 
all (hare in the inheritance of his natural father. 5. By 
birth in the mailer’s manfion, where the real father could 
not be dilcovered* 6. The fon deferted by his father, 
and taken in by another. 7. The fon of a daughter born 
in her father’s houfe, if (he afterwards married her lover. 
8. The fon of a woman pregnant before marriage, but 
born after. 9. A fon bought for the purpofe of perform¬ 
ing obfequies, whether equal or unequal. 10. The fon 
of a woman forfaken, or a widow, or twice married. 11. 
The fon who offered himfelf. 12. The fon by a man’s 
own female (lave. The two firft feverally inherited the 
tftates of their natural fathers, the fon of the fecond de¬ 
scription being entitled to receive from him of the firft a 
fifth or fixth of his fictitious parent’s eftate ; the others 
could claim no more than a maintenance, and could only 
fucceed in order to the family duties, and their (hares in 
the inheritance, the nobler clafs among them firft dividing 
it. The fix firft might be heirs one to the other, but not 
the fix laft. The defeats of reafon, fenfe, or limb, ex¬ 
cluded the afflicted being from the fucceflion ; food and 
raiment, without Hint, was all his portion, which he re¬ 
ceived at the hand of the pofieffor of the heritage. 
The fon was next heir to the father, and the father to 
his fon dying without a fon or grandl'on; in default of 
father or ilfue, his brothers ; if no brother, his mother ; 
if no mother, liis grandmother _; if none, hia neareft of kin 
feverally took the fucceflion ; in default of them, his fpi- 
ritual preceptor or pupil; in default of all, the Brahmins. 
But, among lower claft'es, the property, on failure of all 
heirs, efcheated to the king. On the death of the mo¬ 
ther, all her uterine children,, male and female, divided, 
syen in their father’s lifetime} the maternal eltate. If the 
343 
father divided his property during his lifetime among his 
children, and had iffue after this period, fuch latter ilfue 
took the whole of his fubfequent acquirements ; or, upon 
the dividers again throwing all into a common (lock, he 
took an even (hare. Where brothers lived together in 
common for a time, and afterwards divided the property, 
in that cafe all took alike; but the rewards of learning, 
gifts, and what, without making ufe of the common (lock, 
was feparately acquired, belonged foleiy to the party ac¬ 
quiring. Palture-ground for cattle could not be divided. 
The adminiftration of juftice was vefted in the fove- 
reign ; but, when he could not attend to it in perfon, he 
might commit it to a Brahmin of eminent learning, who, 
accompanied by three affelfors-, alfo Brahmins, were to de¬ 
cide the controverfies of the fubjeft. A fingle Brahmin 
would fuffice ; and even perfons of the fecond and third 
clafies might fill the office ; but a Sudra was ever exclud¬ 
ed the honours of the bench. The feffion opened by do¬ 
ing reverence to the deities who guard the world ; and the 
judge was admonifhed, that juftice, being deftroyed, would 
deftroy ; being preferved, would preferve; that it never, 
therefore, mull be violated. “Beware, O judge! (fays 
tfie text,) left juftice, being overturned, overturn both us 
and thyfelf.” Whenever falfie evidence fliould-have been 
given in any fuit, the king was directed to reverie the 
judgment; and whatever had been done was to be confi- 
dered as undone. No plaint, however fupported by evi¬ 
dence, could be received, where thecaufe was inconfiftent 
with pofitive law or fettled ufage. Ch. viii. 
The right of the creditor to obtain his property was 
not to be interrupted by the fovereign, whether he obtain¬ 
ed it through the mediation of friends, by fuit, by artful 
management, (fee Hindoostan, vol. x. p. 144.) by diltrefs, 
or by legal force; and the refufal of a debtor to pay was 
confidered as an offence, and punidiable by fine. The un¬ 
juft claimant, and he who talked privately with a witnefs, 
were alfo fined to the full amount of what they pretended 
to claim or prove. If a debtor, equal or inferior in clafs 
to the creditor, had no other means, he mult pay the debt 
with his perfonal labour; but time was allowed to a debtor 
of a higher clafs to pay from his income. 
In the admiffion of teftimonial proof, (and fuch was always 
required,) great attention was paid to the neceffary refpec- 
tability of witneffes. The monarch, the prieft, the ftu- 
dent, and the anchoret, were not compellable to give tef- 
timony ; but they were perfectly ad midi hie if appearing 
On the other hand, the degraded, the vicious, the inte- 
refted, and the lowed clafies, were excluded, or to be re¬ 
ceived with great fufpiclon; and upon that fufpicion ait 
ordeal might be had recourfe to; (fee vol. x. p. 146.) 
Three witneffes were in general neceftary before decilion 
could be given ; but the teftimony of one man of extraor¬ 
dinary virtue might be admitted by a judge ; and, where 
none could he had, he had the power of putting each to 
their oath, for the purpofe of eliciting the truth. The 
previous admonitions to witneffes are admirably drawn, 
and the inviolable famftity of an oath is ftrongiy enforced ; 
even every vain oath is proferibed, except indeed on fome 
certain occafions relating to a cow, a facrifice, or a Brah¬ 
min ; and thofe of lovers to their miftreffes, in tender con- 
fideration of the frailty of human nature, were alfo de¬ 
clared to be no deadly fin. 
Every injury to the property of another gave damages 
to the injured, as well as being liable to a fine ; but breach 
of promile fealed with an oath, trefpafs accompanied with, 
violence, defamation and abufe, were in the nature of 
public offences, and feverally punidiable by banifhment 
or fine, and fometimes by both. The offending limb or 
member, in the cafe of affault or offer of indignity by a 
low-born man, was punilhed by incifion ; and, if a man 
fcratched the (kin of his equal in clafs, or fetched blood 
from him, he was fined one hundred panas ; if he broke 
a bone, he was banilhed. Blows were punifhed by reta¬ 
liation ; and the alfailant, in the cafes of hurting a limb,, 
wounding, or fetching blood, was further condemned to 
the 
