The History of Antiquity, Vol. 4 (of 6)Duncker, Max
History
The History of Antiquity, Vol. 4 (of 6)
Duncker, Max
History, Ancient
If from these indications about the customs of Brahmavarta and the
Brahmans of Brahmarshideça we can determine with tolerable certainty the
region in which the book of the law has grown up, it follows from the
introduction in which the holy Bhrigu recites the law as "Manu had
revealed it to him at his prayer," and from the close where we are again
told that this is "the law announced by Bhrigu,"[225] that the
collection of Brahmanic rules contained in this book have been preserved
in the form and revision received in the school derived from Bhrigu, and
connected with the old minstrel race of the Bhrigus.[226] It is more
difficult to find the date at which the germ of this collection of law
may have been brought to completion. Even if we set aside the
introduction and the close which are in no connection with the body of
the work, the book is still wanting in unity: it contains longer and
shorter rules on the same subject, is sometimes milder, sometimes more
severe; a fact in favour of the gradual origin of the book, which
indeed, as has been observed, is necessitated by the nature of the case.
The Indians possess a series of books of law, which, like that called
after Manu, bear the name of a saint or seer of antiquity, or of a god.
One is named after Gautama, another after Vasishtha, a third after
Apastamba, a fourth after Yajnavalkya; others after Bandhayana and
Vishnu. According to the tradition of the Indians the law of Manu is the
oldest and most honourable, and this statement is confirmed by a
comparison of the contents and system of the rules contained in it with
those of the other books.[227] Not to mention the fact that a
considerable number of the rules in the book of Manu are repeated
verbally in the other collections, the legal doctrine of the Indians is
seen even in the older of these collections, in the book of Vishnu,
which belongs to the Brahman school of the Kathakas, in that of Gautama,
and finally in that of Yajnavalkya, which with the book of Gautama is
nearest in point of date to the book of Manu--in a far more developed
state, and with much more straw-splitting refinement. The book which is
named after Yajnavalkya of the race of Vajasani belongs to the eastern
regions of the Ganges, the kingdom of Mithila. It is based on a doctrine
which, unknown to Manu's law, came into existence in the fourth century
B.C.; the system of mixed castes and trade law is far more developed in
it than in Manu. We shall see below that this doctrine cannot be placed
much further back than the year 300 B.C.,[228] and it is assumed that
the laws of Yajnavalkya in their present form may date from the third
century of our era. If Manu's law is older than Yajnavalkya's, and the
latter rests on a doctrine, the rise of which we can fix about the year
300 B.C., while Manu's doctrine is older, there are other indications to
be gathered from Manu's work which enable us to fix the date more
clearly.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account