The History of Antiquity, Vol. 4 (of 6)Duncker, Max
History
The History of Antiquity, Vol. 4 (of 6)
Duncker, Max
History, Ancient
[220] Talboys Wheeler, "Hist. of India," 2, 247.
CHAPTER VI.
THE CONSTITUTION AND LAW OF THE INDIANS.
The requirements of the new doctrine extended throughout the whole
circle of life. The establishment of the arrangement into castes struck
deep into the sphere of the family, of civic society, and the state; the
old rules for purification were enlarged to suit the new system, and
changed into rubrics for expiation and penance, touching almost at every
step upon daily life. The ethical notions of the old time had to make
room for a new ideal of the life pleasing to God. How could the ancient
customs of the tribes, which hitherto had been the rule and standard of
family and inheritance, of _meum_ and _tuum_, resist such a sweeping
alteration of the social, religious, and moral basis of life? How could
the traditional punishments of transgressions and offences continue in
existence? Marriage and inheritance must be arranged so as to suit the
system of the castes; punishment must be dealt out according to the rank
of the castes, and the religious sin involved in each offence; the
administration of justice must take account of the new religious system
in which actions, hitherto regarded as permissible, were looked on as
offences. The monarchy had new duties to fulfil towards the Brahmans and
the new faith; the authority of the state, the power of inflicting
punishment, must side with the true faith, with the interests of the
priests, and the maintenance of the orders established by God. In the
circles of the Brahmans there must have been a lively desire to
establish the legal arrangement of the state on the basis of the divine
arrangement of the world; to regulate the state in all its departments
in a manner suitable to the nature of Brahman. The traditional
observances and legal customs, the usages of the families, races, and
districts, must be brought into harmony with the new doctrine; as an
almost inevitable consequence, a rule was set up for correct morals,
usages, and life, corresponding to the divine nature and will; a pattern
was drawn of the manner in which individual family and state might act
in every matter in accordance with the nature of Brahman. The commands
resulting from the system of the divine order of the world were combined
into one standard, set forth in a scheme universally accepted, and thus
elevated above all doubt and contradiction, and in this way the Brahmans
passed beyond the differences which could not but remain among them in
respect to this or that point, and did actually remain in the schools of
the priests, as the Brahmanas show. Moreover, unanimous prescripts, a
comprehensive and revered canon of law and morals, were naturally an
advantage to the position of the Brahmans; their status was thus
rendered more secure and distinctive; and success was more certain.
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