But there is no prohibition in the code against eating with other classes, or partaking of food cooked by them (which is now the great occasion for loss of caste), except in the case of Sudras; and even then the offence is expiated by living on water gruel for seven days.
Loss of caste seems, in general, to have been incurred by crimes, or by omitting the prescribed expiations for offences.
It is remarkable that, in the four classes, no place is assigned to artisans: Sudras, indeed, are permitted to practise mechanic trades during a scarcity of other employment, but it is not said to whom the employment regularly belongs.
From some of the allotments, it would appear that the artisans were supplied, as they are now, from the mixed classes: a circumstance which affords ground for surmise that the division into castes took place while arts were in too simple a state to require separate workmen for each; and also that many generations had elapsed between that division and the code, to allow so important a portion of the employments of the community to be filled by classes formed subsequently to the original distribution of the people.[c]
This distribution of the whole people into four classes only, and the appropriation of them to four species of employment,—an arrangement which, in the very simple state of society in which it must have been introduced, was a great step in improvement,—must have become productive of innumerable inconveniences, as the wants of society multiplied. The bare necessaries of life, with a small number of its rudest accommodations, are all it prepares to meet the desires of man. As those desires speedily extend beyond such narrow limits, a struggle must have early ensued between the first principles of human nature and those of the political establishment. The different castes were strictly commanded to marry with those only of their own class and profession; and the mixture of the classes from the union of the sexes was guarded against by the severest laws.[19] This was an occurrence, however, which laws could not prevent. Irregularities took place; children were born, who belonged to no caste, and for whom there was no occupation. No event could befall society more calamitous than this. Unholy and infamous, on account of that violation of the sacred law to which they owed their unwelcome birth, those wretched outcasts had no resource for subsistence, excepting either the bounty of the established classes, to whom they were objects of execration and abhorrence; or the plunder of those same classes, a course to which they would betake themselves with all the ingenuity of necessitous, and all the atrocity of much injured, men. When a class of this description became numerous, they must have filled society with the greatest disorders. In the preface of that compilation of the Hindu Laws, which was translated by Mr. Halhed, it is stated that, after a succession of good kings, who secured obedience to the laws, and under whom the people enjoyed felicity, came a monarch evil and corrupt, under whom the laws were violated, the mixture of the classes was perpetrated, and a new and impious race were produced. The Brahmans put this wicked king to death, and, by an effort of miraculous power, created a successor endowed with the most excellent qualities. But the kingdom did not prosper, by reason of the Burren Sunker, so were this impure brood denominated; and it required the wisdom of this virtuous king to devise a remedy. He resolved upon a classification of the mixed race, and to assign them occupations. This, accordingly, was the commencement of arts and manufactures. The Burren Sunker became all manner of artisans and handicrafts; one tribe of them weavers of cloth, another artificers in iron, and so on in other cases, till the subdivisions of the class were exhausted, or the exigencies of the community supplied.
Thus were remedied two evils at once. The increasing wants of an improving society were provided for; and a class of men, the pest of the community, were converted to its service. This is another important era in the history of Hindu society; and having reached this stage, it does not appear that it has made, or that it is capable of making, much further progress. Thirty-six branches of the impure class are specified in the sacred books, of whom and of their employments it would be tedious and useless to present the description. The highest is that sprung from the conjunction of a Brahman with a woman of the Kshattriya class whose duty is the teaching of military exercises. The lowest of all is the offspring of a Sudra with a woman of the sacred class. This tribe are denominated Chandalas, and are regarded with great abhorrence. Their profession is to carry out corpses, to execute criminals, and perform other offices, reckoned to the last degree unclean and degrading. If, by the laws of Hindustan, the Sudras are placed in a low and vile situation, the impure and mixed classes are placed in one still more odious and degrading. Nothing can equal the contempt and insolence to which it is the lot of the lowest among them to see themselves exposed. They are condemned to live in a sequestered spot by themselves, that they may not pollute the very town in which they reside. If they meet a man of the higher castes, they must turn out of the way, lest he should be contaminated by their presence.
“Avoid,” says the Tantra, “the touch of the Chandala, and other abject classes. Whoever associates with them undoubtedly falls from his class; whoever bathes or drinks in wells or pools which they have caused to be made, must be purified by the five productions of kine.”[20] From this outline of the classification and distribution of the people, as extracted from the books of the Hindus, some of the most intelligent of our British observers appeal to the present practice of the people, which they affirm is much more conformable to the laws of human welfare, than the institutions described in the ancient books. Of this, the author is aware; so inconsistent with the laws of human welfare are the institutions described in the Hindu ancient books, that they never could have been observed with any accuracy; it is, at the same time, very evident, that the institutions described in the ancient books are the model upon which the present frame of Hindu society has been formed; and when we consider the powerful causes which have operated so long to draw, or rather to force, the Hindus from their inconvenient institutions and customs, the only source of wonder is, that the state of society which they now exhibit should hold so great a resemblance to that which is depicted in their books. The President de Goguet is of opinion, that a division of the people into tribes and hereditary professions similar to that of the Hindus existed in the ancient Assyrian empire, and that it prevailed from the highest antiquity over almost all Asia. Cecrops distributed into four tribes all the inhabitants of Attica. Theseus afterwards made them three by uniting, as it should seem, the sacerdotal class with that of the nobles, or magistrates. They consisted then of nobles and priests, labourers or husbandmen, and artificers; and there is no doubt that, like the Egyptians and Indians, they were hereditary. Aristotle expressly informs us that in Crete the people were divided by the laws of Minos into classes after the manner of the Egyptians. We have most remarkable proof of a division, the same as that of the Hindus, anciently established among the Persians. In the Zendavesta, translated by Anquetil Duperron, is the following passage: “Ormuzd said: There are three measures (literally weights, that is, tests, rules) of conduct, four states, and five places of dignity.—The states are: that of the priests; that of the soldier; that of the husbandman, the source of riches; and that of the artisan or labourer.” There are sufficient vestiges to prove an ancient establishment of the same sort among the Buddhists of Ceylon, and by consequence to infer it among the other Buddhists over so large a portion of Asia.[d]
THE ADMINISTRATION OF JUSTICE
As Manu’s code mapped out Hindu life in fine detail, it gives especially definite rules for the laws and the courts. Justice is to be administered by the king in person, assisted by Brahmans and other counsellors; or that function may be deputed to one Brahman, aided by three assessors of the same class.