The History of Antiquity, Vol. 4 (of 6)Duncker, Max
History
The History of Antiquity, Vol. 4 (of 6)
Duncker, Max
History, Ancient
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.
Public-domain text, read in full here on John Shaqi.
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