CHAPTER III.
Laws of the Indians[163].
THE principal laws which the Indians have to observe, may be reduced to twelve, and relate to the following points:
1. To kill no one.—He who commits murder renders himself guilty of one of the five mortal sins, which the Indians call Mahàpàva, and for which, as we shall hereafter see, the severest punishment has been appointed. In those provinces where the Pagans have the superiority, he who kills a cow is punished as a murderer. I once saw five natives of Malabar suspended from a tree in a forest near Ambalapusha, on account of this supposed crime. As the cow is a very useful animal, and as every one knows, that, according to the Indian mythology, she is considered as a symbol of the goddess Lakshmi, this law might in some measure be justified; but there are Indian philosophers and priests who wish to extend it to all kinds of animals in general. It may, however, be readily understood, that animals used for sacrifice or offerings form an exception.
2. To rob no one of his property.—We are told by Strabo, that, in ancient times, the Indians never entertained any idea of shutting their houses: so great was the contentment and simplicity of the people of India, and so great their respect for the laws! At present, there is great reason to suspect that things are considerably changed. At Collam I saw a native of Malabar, of the cast of the Cianas, hanging on a gallows, for having stolen three coco-nuts in the house of a Nayr. The corpus delicti was suspended from his neck, in order that it might serve as a warning to all passengers.
3. Never to offend with a neighbour’s wife.—This law refers to adultery, of which an account has been already given in the preceding chapter.
4. Never to say any thing that is contrary to truth.—The orientals were formerly so addicted to lying, that governments were reduced to the necessity of employing the severest means to extort the truth from persons accused of any crime. Thus, for example, they caused the culprit to hold his finger in boiling oil, or poured melted lead into his hand, in order to make him confess. This practice was afterwards transferred from the east to the west; and we still find traces of its having been actually introduced among different barbarous nations.
The people of Malabar have such a bad character as liars, that every magistrate or merchant, who transacts any business of importance with them, causes the affair to be committed to writing, and to be signed by them. Such a document is called Caicitta; that is, a writing or note under a person’s own hand.
5. Not to drink what may occasion intoxication.—This law refers not only to all strong liquors in general, but, in particular, to the use of opium, and the Canjava or Bangue leaves. Tippoo Sultan forbade his soldiers to use any of these things, under the punishment of death. In the year 1787, Rama Varmer, the king of Travancor, issued an order by which the use of Tàgara, that is, palm-brandy, was prohibited under pain of the confiscation of property. At Pullingune, a woman was condemned to the besom, and her house confiscated, because contrary to this prohibition she had sold Tàgara. The contempt which the Indians entertain for the Europeans, arises chiefly from the latter being so much addicted to drinking. For this reason also they are called Ciandàler, or Nisher; that is, contemptible, impure, unclean people.
6. Never to leave one’s tribe (cast).—This the Indians consider as one of the greatest crimes they can commit. A Giadibrshda, that is, a man unfaithful to his cast, is exposed to the greatest persecution from all the members of it, and never is left at peace till he again unites himself to it. On his re-admission he is obliged to drink the so called Panciadevya, a peculiar kind of beverage, which consists of cream, sour milk, liquid butter, cow’s hair, and cow-dung dissolved in cow’s urine. By this, however, he is not fully freed from his sin, but must spend a whole month in a sequestered hut; and that he may have no pretence for leaving it, the necessary food is carried to him daily till the time of his penance and purification is expired. At Tiruvandaburam I once saw a woman, of the cast of the Shudras, who was subjected to this kind of life. It may be readily perceived, that the object of this regulation is to prevent the Pagans from embracing any other religion than their own, and to preserve the respectability of the cast.
7. To destroy no public edifice or construction.—Under these are understood temples, the ponds in which the Indians perform their ablutions, royal palaces, and, in particular, the madam, ambalam, or inns erected on the public roads for the accommodation of strangers, and which I have before described. It deserves here to be remarked, that people pay nothing for the good entertainment which they there receive. In these inns those philosophers known under the names of Yogui and Gosuami, and by some called very improperly Fakirs, who subject themselves to the severest penances, are treated at the king’s expence, though this is done sometimes in some neighbouring temple. They eat nothing but rice, fruits, and herbs.
8. To adulterate neither gold nor silver, nor any kind of coin.
9. Not to be a tyrant or despot, or a cruel and unmerciful tormentor of mankind.—This law, introduced by the ancient philosophers and magi, was the strongest support of monarchical government, and ensured duration to the different states of India; but as soon as the princes who ruled over Carnate, Maïssur, Madura and Concao began to abuse their power, and to suffer their ministers to oppress their subjects, that unwise conduct gave the first occasion to revolutions. Hence it happened that these people, who had been long tired of the galling yoke of their sovereigns, though they did not wish to rise up in rebellion against them, received with open arms the foreign conquerors who entered the country; and by these means their imprudent rulers lost their thrones, and at the same time all their influence.
10. To exercise no violence against priests, philosophers, persons subjecting themselves to penance, farmers, and women.—When I was in India, a Brahman received a violent blow from a petty officer, on the high road between Padmanaburam and Tiruvandaram. The offender was immediately seized; and the king of Travancor, Rama Varmer, caused his little finger to be cut off. A Mucoa, or fisherman, laid hold of the wife of a Nayr, and endeavoured to compel her to submit to his embraces. The woman called out; and the Mucoa being seized was carried before a judge, who, finding the crime proved, sentenced him to lose his right hand. At Alangàtta I saw a Nayr, who instructed young persons in writing, and who held the iron style necessary for that purpose in the interior part of the joint of his arm, because the king of Cochin, as a punishment for his offering violence to a woman, had ordered his hand to be chopped off. To touch a woman against her will is allowed to no person, not even the king’s ministers and officers, unless the king expressly commands it. If women are guilty of any thing that deserves punishment, they may be deprived of their liberty, and sold as slaves; but to hang them, or put them to death in any other manner, is contrary to the laws of India.
11. To with-hold from no workman, artisan, or day-labourer, his due wages.
12. Never to enter a temple, or any sacred place, without having first purified one’s self in a river or Kulam (consecrated pond).—The Parreas or skinners, the Palleyas or slaves, who cultivate the fields under the inspection of the Vayshyas, and other people of the like kind, who belong to the lowest classes, dare never enter a temple which is destined for the higher classes. These mean classes are called Nisher, and have pagodas of their own. On grand festivals, celebrated by the whole nation, such as that of the goddess Bagavadi, they must deposit their offerings before the door of that temple in which the higher orders assemble, and be contented to worship the deity in it at a distance. In general, almost the same divisions, and the same degrees of rank, are found among the Indians, as those which were common among the Jews.
These are the chief laws of the Indians. They are contained in a book entitled Maha Tobassi Dhermaragia Guru, a copy of which is preserved in the Borgian Museum at Velitri; also in the Peguan text of the book Kamuva, preserved in the library of the Propaganda, and which is written with black letters on palm leaves gilt. Some of them may be found also in the book Amarasinha, in Manusmrti, and in Magala Tara, the latter of which has been translated from the original Pali by Father Amato, and is now in the possession of Cardinal Borgia. All these laws are of Indian origin, as I have shewn in my Systema Brahmanicum[164].
The author of the above-mentioned work, Dhermaragia Guru, a Talapoin, who wrote it for the instruction of king Dhermaragia, extends his moral precepts even to the words and thoughts. The sins, says he, which the tongue commits, are:
1st, Lies.
2d, Calumny, the object of which is to interrupt the harmony of two persons who are attached to each other by friendship and love.
3d, Improper and disrespectful words.
4th, Idle discourse.
A man sins with his thoughts:
1st, When he wishes to deprive his neighbour of his property.
2d, When he hates any one, or wishes the death of his neighbour, or to see him reduced to a state of misfortune.
3d, When he approves erroneous doctrines.
Good works consist in the following points:
1st, Alms-giving.
2d, Observation of the five commands, which are: Thou shalt not kill; thou shalt abstain from whoredom, and adultery; thou shalt not steal; thou shalt not drink wine.
3d, Obedience to parents, relations, and men of wisdom.
4th, Prayer.
5th, Giving assistance to parents and superiors when in narrow circumstances.
6th, Participating in the good works of one’s neighbour.
7th, The communication of good works which are done to others.
8th, Hearing the word of God, and reading the Sacred books.
9th, Explaining to one’s neighbour the divine laws; which, according to the author’s opinion, are those which proceeded from the god Gautama or Gòdama.
10th, True belief, that is, in Gòdama.
The manner in which this deity, the Budha of the Indians, must be worshipped, is described by the author as follows: “Those who wish to obtain a knowledge of the laws of God must, above all things, read over with care three times the forms of prayer, and employ them with a true and lively faith, viz.
“1st, The respect which I am bound to shew to the all-wise God is deeply imprinted on my heart, and nothing shall make me deviate from it.
“2d, The respect which I am bound to pay to his sacred laws is deeply imprinted on my heart, and nothing shall make me deviate from it.
“3d, The respect which I am bound to shew to all the precepts of his ministers is deeply imprinted on my heart, and nothing shall make me deviate from it.”
What a contrast between the system of these Talapoins, and the principles of many of the so-called modern philosophers, whose whole aim and object is to convert men into infidels, and to degrade them to the rank of the brutes! Ought not these people, if they do not believe the Bible, to consider at least the following passage of Plato[165]? “We are all under the superintendance of Nemesis. The Eternal has appointed her the judge of our conduct. No mortal can escape her eye; and every one will receive from her what his deeds deserve.”
To conclude, it deserves here to be remarked: 1st, That in all the copies of these laws now extant, a great number of Samscred words occur; such as Mangala, Uttama, Gòdama, Niba, &c.: from which there is strong reason to conjecture, that they were originally written in the Samscred language. 2d, It is highly probable that these laws were committed to writing about 1600 years before the birth of Christ, and at a period when the school of the Samanæi was in a flourishing condition. 3d, It is evident that all these laws are merely of a moral tendency, and, as such, belong to the Sàmavèda, that is, the moral laws of the Indians. There are, however, some others of a dogmatic nature, and these form the Ircuvèda, that is, those parts of the Indian code of laws which treat of divine and celestial things. In the last place, there are also ceremonial laws, which relate to the practices of divine worship, offerings, lustrations, &c. and these together form the Yagiurvèda. All these three kinds are mentioned in the Brahmanic dictionary Amarasinha, in the chapter entitled Shabdàdivargga. Copies of these laws are preserved in all the temples and academies; but they are under the keeping of the Brahmans, and besides them no one is suffered to read them[166].