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, 195 Sitrakéras about the twelve different kinds of sons, although in accordance with the public opinion of his own time Manu calls the last eleven of these to be “ bad substitutes for a real son” (IX, 161), The twelve kinds of sons are, Azrasa, or son begotten on wedded wife ; Kshetraja, son begotten on the wife of a diseased man or the widow of a deceased; Détrima, “gon adopted ; Kritrima, a son made such; Gédhotpanna, a son secret- ly born, his father being not known he must be sup- posed to be the son of his mother’s husband ; Apavid- dha, a son received as such after desertion by his natural parents; Adzzxa, son of an unmarried damsel, who must be considered the son of him who marries the damsel afterwards ; Sahodha, son of the woman who is married when she is pregnant ; Krétaka, a son bought ; Paunarbhava, son of a remarried widow; Svayam- datta, an orphan who gives himself up as the son of another; and Pérasava, a son begotten by a Brahman on a Sidra female (IX, 167 to 178). ’ Of these twelve kinds of sons the first six are kins- men and heirs, the last six only kinsmen (1X, 158). And among these. different kinds of. sons, on failure of each better son each next inferior is worthy of inherit- ance (IX, 184). Failing children father and brothers, a man’s property will go to the nearest relative within three degrees; failing such, a Sakulya, or next the spiritual teacher or pupil, or lastly to Brahmans (IX, 167,188). . ; ‘i 196 BUDDHIST PERIOD. [BOOK IV. Stridhana, or the exclusive property of females, is de- fined to be what is given before the nuptial fire, or in the bridal procession, or by the husband as token of love, or by brother, mother or father (IX, 194). “When the mother has died, all the uterine brothers and sisters shall equally divide the mother’s estate (IX, 192). (18) GAMBLING AND BETTING, &c.—“ These two vices cause the destruction of the kingdoms of princes,” and kings are therefore recommended to exclude them from their realms. Corporal punishment is enjoined for the offence (IX, 224), and banishment is also provided for them, as well as for dancers, singers, and men of a here- tical sect, iz, Buddhists ! (IX, 225). 7 Death is provided for forgers of royal edicts, for bribing ministers, for slaying women, infants and Brah- mans, and for treason (IX, 232). Branding on the fore- head is provided for viclating a guru’s bed, for drinking sura (wine), and for stealing a Brahman’s gold or killing a Brahman (1X, 237). A thief caught with stolen pro- perty and the implements of burglary as well as those who gave shelter to thieves might be slain (IX, 270, 271). Robbers, house breakers, cut purses and others might have their hands or two fingers cut off (IX, 276, 277)- Death or severe punishment is provided for destroy- ing dams of tanks (IX, 279), and fineis provided for physicians treating their patients wrongly! (IX, 284), CHAP. XII] LAWS. 197 Various punishments are provided for the adulteration of commodities, for mischief of different kinds, for cheat- ing in the sale of seed corn, for the dishonesty of gold- smiths, and for the theft of agricultural instruments (IX, 258 to 293). Besides the two chapters on law, Manu has a separate chapter on Penances, &c., for sins committed, and a very few remarks will indicate what were considered the greatest sins. PENANCES.—Here, again, we find that “ killing a Brah- man, drinking the liquor called sura, stealing the gold of a Brahman, adultery with a guru’s wife, and associa- tion with men who have committed these offences are the gravest moral sins, the Mahépétakas (XI, 55). The reader will see that they are identically the same as the Mahdpdtakas enumerated by Vasistha (see Vol. II, p. 103). There are other offences which are said to be equal to these in enormity, among which we note giv- ing false evidence, incest, and the defilement of maidens, desertion of one’s parents, and neglecting the Veda. Less heinous than the Mahdpdtakas are'the Upa- pétekzs, among which we find the neglecting of the domestic fire, slaying kine, defiling a damsel, theft, non- payment of debts, living as a Vratya,—and lastly and curiously enough,—* superintending mines or factories and executing great mechanical works,” which, accord- ing to commentators, means constructing dams or mak- ing great machines like sugar mills and the like (1X, 198 BUDDHIST PERIOD. [BOOK IV. 60, 67). We have deplored elsewhere the little respect paid in ancient India to mechanics, artists and artisans ; but it is with still greater regret and pain that a Hindu writer notes that mechanical works were actually classed ‘with sins. . There were some actions which involved loss of caste, (Jétibhransa), among which was classed the smelling at spirituous liquor; and there were other actions which reduced a man to the mixed castes (Sankarttarana) like the killing of animals (XI, 68, 69). Elsewhere we have the most terrible punishments prescribed for drinking ;—the drinker should be made to drink that liquor boiling hot until he was completely scalded ! (XT, 91). How many of Manu’s Makdpdtakas and minor sins are committed in modern times without involv- ing loss of caste! And how many harmless and even meritorious. acts, not prohibited by Manu or any an- cient legal writer, are condemned by new-fangled and degenerate modern rules! The date of Manu’s Institutes has formed the subject of much. controversy since the time of Sir William Jones; but it is now generally admitted that the compilation now extant was framed within a century or two before or after the Christian Era. It speaks (X, 44) of the Vavanas, the Chinas, the Sakas, and the Kambojas, and this passage sufficiently indicates its date. The work stands half way between the ancient Sitras of India on which it is based, and the later CHAP. XIL] , LAWS. 199 Dharma SAstras of the Pauranik .Period, of which we will speak in the next Book. Unlike the former, it be- longs to no particular Vedic school, but is the law for all Aryans. And unlike the latter, Manu does not yet know of the Hindu Trinity or the Pauranik mytho- logy, scarcely knows Vishnu (mentioned only once in the Code, XII, 121, and there identified with motion), despises temples and temple priests, and still proclaims Vedic rites and sacrifices. ; Manners and religion change with times, and many portions of the Institutes of Manu have ceased to be operative in the present day in their entirety. The Draconic severity of the law towards Sddras was pro- bably never reduced to practice, even in the days of Brahman supremacy, and all distinctions. in punish- ment, based on caste, certainly ceased to have opera- tion after the Mahommedan conquest of India. Other portions of the work are equally obsolete now. Men of superior caste do not marry women of inferior caste now; widow marriage has altogether been stopped since Manu’s time ; and the barbarous rite of suttee was introduced centuries after Manu. Manu’s mixed castes were a list of Hinduized aboriginal tribes; and Manu’s Vaisyas have now been cut up into numerous separate castes according to their professions. And lastly, the religious rites insisted upon by Manw have ceased to be performed; even Brahmans do not perform the Srauta sacrifices and the Grihya rites which were still x 200 BUDDHIST PERIOD. [BOOK Iv. current in Manu’s days; while the descendants of Ksha- triyas and Vaisyas have ceased to wear the holy thread and to acquire holy learning as they did in Manu’s time. The mass of the Aryan population is disinherited of their national sacred learning. The portion of Manu’s institutes which still has the greatest influence with modern Hindus is the law of inheritance. But even in this matter customs have changed, and the blindest reverer of Manu would shud- _ der to acknowledge a Gadhotpanna or Kshetraja son! For change is inevitable, and even Manu’s revered In- stitutes cannot perpetuate ancient customs. Hindus in recent years are working out changes in their national customs slowly and sensibly, still clinging to the tradi- tions of the past, but nevertheless yielding to modern ideas. Young Hindus who would hastily cut asunder all connection with the past should learn from a perusal of Indian History, that never within the last four thou- sand years has such a complete severance been witness- ed in India, that the religion and philosophy of the Upanishads and the Sankhya system were based on _ the traditions and teachirigs of previous periods, and that the great Buddhist revolution itself was founded on Hindu ideas and Hindu faith, On the other hand, orthodox Hindus, who quote the laws of Manu and the supposed immutability of Hindu customs against all social progress, may be gently reminded that the time is gone by when great mechanical works could be CHAP, XII] LAWS. __ 201 punished as a sin, when Kanjna boys could be recogniz- ed as sons, or when the blasphemy could.be uttered that the Sfidra “ was created by the Self-existent to be the slave of a Brahman.” Hindus will remain Hindus to the end of the chap- ter; but their rites and customs have continuously changed in the past ; and in the future, the Hindus will be progressive, as all the world is progressing, CHAPTER XIIL ASTRONOMY AND THE PROGRESS OF LEARNING. WE have in the preceding pages dwelt on the history and political condition of the Hindus, their arts and architecture, their social life and laws during the Bud- dhist: Period. It remains now to say a few words about their learning and progress in knowledge during that age. Unfortunately, our materials are very poor,— poorer perhaps than those for any other period of ancient Hindu history. Nor are the reasons far to seek.