[290] Manu, 3, 150 ff.
[291] Manu, 8, 229-260.
[292] Mill, "History of British India," 2, 66. Montgom. Martin, "Political Constitution of the Anglo-Eastern Empire," p. 271.
[293] Burnouf, "Introduction," p. 242, 245, 247.
CHAPTER VII.
THE CASTES AND THE FAMILY.
The book of the law was the canon of pure conduct, and the holy order of the state and society, which the Brahmans held up before the princes and nations on the Ganges. They made no attempt to get the throne into their own hands; they had no thought of giving an effective political organisation to their caste; they did not seek to set up a hierarchy which should take its place by the side of the state, or rise superior to it, and thus secure such obedience for their demands among clergy and laity as would ensure the carrying out of the commands of the book. For this the Brahmans had not sufficient practical or political capacity; they were too deeply plunged in their hair-splitting and fanciful speculations, in their ceremonial and their penances. They were content with demanding the place of assessor or president at the funeral feasts in the families of the Kshatriyas and Vaiçyas, the influence of which position went far beyond their expectations; with recommending members of their order as ministers, judges, and magistrates to the king; with requiring that he should protect the Brahmans as his sons, provide for their support, be greatly liberal to them, abstain from imposing taxes on learned Brahmans, and maintain their advantages and rights against the other classes. If a Brahman had no heirs, the king must not take his property, but present it to the members of the order, and give to a Brahman any treasure which he may happen to find. In the epic poetry an exaggerated attempt is made to bring this liberality plainly before the mind: the Brahmans acquire hundreds of thousands of cows, treasures without end, and the whole earth.[294] But all these commands are only wishes; as a fact the Brahmans had no other status as against the kings than the respect which their educational knowledge of the doctrine, their acquaintance with the forms and ritual of sacrifice, gave them: they had only the moral influence which their dogma and their exhortations could exercise on the heart of the king, the power of the faith which they could excite in their disciples. Their power, as we have seen, they knew how to support by their views on the merit acquired by the king in this and the next world by reason of his good works towards the Brahmans, by the fear of the punishments in hell and the regenerations, with which the book of the law so liberally threatens all who despise Brahmans. But they had no external means for enforcing obedience to their law, respect for their purifications, expiations, and penances, in case it was not rendered willingly. They did not extend their power beyond the limits of the conscience of the king and the people. They were as absolutely the subjects of the king as the other orders; no political limitations, no institutions, checked the authority of the king in its operations on the Brahmans; and the knowledge of the Veda and the law was accessible to him. The princes held up in the Epos as patterns are praised for their knowledge of the holy Scriptures and the law. The kings, not the Brahmans, offer the great sacrifices; but they cannot offer them without the Brahmans, the Purohita (p. 202), and other priests. This position of the Brahmans at the side of the king, and that which they subsequently obtained by the side of the people in the clans, enabled them by moral means, by conviction and faith, to shape the life and politics of the Indians according to their system, and establish a lasting dominion over them.
If the Brahmans had no rights upward, they had at any rate forced the Kshatriyas out of the first place; and they did not intend that the aristocratic position which they had obtained over the other orders, their privileges and advantages in regard to those beneath them, should rest on moral authority merely. The book of the law is never weary of impressing in every direction the pre-eminence of the Brahmans, the subjection of the other orders. But as the wisdom of the Brahmans was throughout unacquainted with the foundations and supports used by aristocracies elsewhere to acquire and maintain their position—as they were unable to create institutions of this kind—only one real and effective means remained for legalising and securing their importance, position, and privileges—and this was the exercise of penal jurisdiction. In the division of penances and punishments, according to the various orders, they attempted to bring the pre-eminence of their own order into a position recognised and established by law. This fact no doubt helped in causing the Brahmans to estimate the power of punishment so highly. "Punishment alone," says the book, "guarantees the fulfilment of duties according to the four castes; without punishment a man out of the lower caste could take the place of the highest." But here again there was a difficulty; it was not the Brahmans but the kings who in the first instance had to dispense justice; the application of the law depended on the princes.
Though, in general, it is a supreme principle of law that it shall be administered without respect of persons, that the same punishment for the same offence shall overtake every offender, be his rank and position what it may, the system of caste leads to an arrangement diametrically opposite. Throughout, the book of the law measures out punishment unequally, according to the rank of the castes, so that in an equal offence the highest order has as a rule to undergo the least punishment. This apportionment of punishment according to the castes is most striking in the case of injuries and outrages inflicted by members of the lower orders on the members of the higher. The Brahmans, and in a less degree the Kshatriyas and Vaiçyas, are protected by threats of barbarous punishments. The Çudra who has been guilty of injuring a Dvija by dangerous language, is to have his tongue clipped; if he has spoken disrespectfully of him, a hot iron is to be thrust into his mouth, and boiling oil poured into his mouth and ears. If a Çudra ventures to sit on a seat with a "twice-born," he is to be branded; if he lays hold of a Brahman, both hands are to be amputated; if he spits at a Brahman, his lips are cut off, etc. In actual injuries done to members of the higher castes by the lower, the members of the latter are doomed in each case to lose the offending member: he who has lifted up his hand, or a stick, loses his hand; he who has lifted up his foot, loses the foot. For slighter offences of language against a Brahman the Çudra is whipped, the Vaiçya is fined 200 panas, the Kshatriya, 100. If, on the contrary, a Brahman injures one of the lower castes he pays 50 panas to the Kshatriya, 25 to the Vaiçya, and 12 to the Çudra. If members of the same caste injure each other in word, small fines of 12 or at most 24 panas are sufficient. More unfair still are other privileges secured by the law to the Brahmans,—that in suits for debt they are never to be given up as slaves to the creditors; that no crime or transgression on the part of a Brahman is to be punished by confiscation of his property, or by corporal punishment. He is never, even for the worst crime, to be condemned to death; at the utmost he can only be banished.[295] On the other hand, as has been remarked in the case of theft, the fine increases according to the caste of the offender, so that here we have a gradation in the opposite direction: the Brahman is fined eight-fold the sum paid by the Çudra in a similar case; and in loans the Brahman is allowed to receive only the lowest rate of interest—two per cent. In courts of law the Brahman was addressed differently, and asked to give his evidence differently, from the other orders; his oath is given in different terms. With Brahmans, who naturally come to maturity sooner than the other orders, the consecration by investiture takes place in the eighth year, with the Kshatriyas in the eleventh, with the Vaiçyas not till the twelfth. The holy girdle, the common symbol of the Dvija as opposed to the Çudra, must consist with the Brahmans of three threads of cotton, with the Kshatriyas of three threads of hemp, with the Vaiçyas of three threads of sheep's wool. The Brahman wears a belt of sugar-cane, and carries a bamboo staff; the Kshatriya has a belt of bow-strings, and a staff of banana-wood; the Vaiçya a girdle of hemp, and a staff of fig-wood. The staff of the Brahman reaches to his hair, that of the Kshatriya to the brow, that of the Vaiçya to the tip of his nose. This staff must be covered with the bark, must be straight, pleasing to the eye, and have nothing terrifying about it. The Brahman wears a shirt of fine hemp, and as a mantle the skin of the gazelle; the Kshatriya a shirt of linen, and the skin of a deer as a cloak; the Vaiçya a woollen shirt, and a goat-skin. Any one who is inclined to do a civility, must, says the book, ask the Brahman whether he is advancing in sanctity, the Kshatriya whether he suffers in his wounds, the Vaiçya whether his property is thriving, the Çudra whether he is in health.[296]