Kitabı oku: «The History of Antiquity, Vol. 4 (of 6)», sayfa 13

The lecture which Rama gives his brother on the art of government is in complete harmony with the doctrines of the book of the law. He asks Bharata whether he is protecting the city of Ayodhya and all the cantons of his kingdom in a proper manner; whether he pays due respect to householders and proprietors, whether his judges give them justice? Is an accused chief set at liberty through bribery? Are the judges in any matter of law between rich and poor raised above the desire of gain? O Bharata, the tears shed by those who have been condemned unjustly, destroy the children and the flocks of him who governs with partiality. He asks further whether Bharata despises the Brahmans who are so given up to the satisfaction of the senses and the enjoyment of the world that they do not trouble themselves about the things of heaven – whether he despises men eminent in useless knowledge, and those who profess to be wise without having learned anything: whether he prefers one learned man to a thousand of the unlearned; ten thousand of the ignorant multitude will not be able to render him any service in his government. Does he employ distinguished servants in great matters, men of lower degree in smaller affairs, and the lowest in the least important? In affairs of great moment he must employ only those who have served his father and grandfather, who have not opened their hand to bribes; heroic and learned men, who are masters of their senses, and able to untie a knot. Dost thou despise the counsel of women, and conceal from them thy secrets? Or do thine own counsellors contemn thee, and the people, oppressed by excessive punishments? Dost thou honour those who are bold and skilful? Do thy servants and troops receive pay at the proper time? Are thy fortresses well provided with corn, water, weapons, and archers? Is the forest, where the royal elephants are kept, well chosen? Art thou well equipped with horses and female elephants? Hast thou store of young milch-cows? Is thy expenditure less than thy income? Dost thou bestow thy wealth on Brahmans, Kshatriyas, needy strangers? or lavish it on thy friends? Dost thou wake at the right time? Canst thou overcome sleep? Dost thou divide thy time properly between recreation, state business, and religious duties? Dost thou think at the end of the night on the way to become prosperous? Dost thou take counsel with thyself and with others also? Are thy resolutions kept secret? Do other princes know thy aims? Art thou acquainted with that which they would undertake? Are the plans formed in the councils of other princes known to thee and thy counsellors? The concealment of his counsels by his ministers is the source of success for a prince. He who does not remove an ambitious and covetous minister, who maligns others, will be himself removed. Is thine envoy a well-instructed, active man, able to answer any question on the moment? Is he a man of judgment who knows how to deliver a message in the words in which it is given to him? Art thou certain that thy officers are on thy side, if sent into foreign lands, and if none knows the commission given to another? Dost thou think lightly of enemies who, though weak and expelled from their country, may easily return? Dost thou seek to obtain land and wealth by all honest means? Dost thou bow down before thy spiritual leaders; before the aged, the penitent, the gods, strangers; before the holy groves and all instructed Brahmans? Dost thou sacrifice wealth to virtue, or virtue to wealth, or both to favouritism, covetousness, and sensuality? The prince who rules a kingdom with justice, when surrounded with difficulties, wins heaven when he leaves this world.

We can only fix in a very general way the date at which these prescripts of the book on the art of government, and the doctrines of the Epos so completely in agreement with them, came into existence. The sutras of the Buddhists and the accounts of the Greeks from the end of the fourth century B.C. exhibit to us the kingdom of India occupied with efforts which correspond in some degree to the views of the book and the descriptions of the Epos. If however we were to conclude from the despotic power to which the monarchy attained in the states on the Ganges, that the subject populations at that time or later were disconnected and reduced, without independent movement in any sphere of life – our conclusion would be completely wrong. As traditions, modes of worship and customs of the ancient time maintained themselves beside and in spite of the new doctrine of the Brahmans, so did remains of the old communities, of the old social and political life, maintain themselves against the omnipotence of the kings. These were the clans of the minstrels, formed naturally or by the adoption of pupils – which brought the old invocations from the Indus and preserved them – which on the Ganges sang the heroic songs, the Epos in its earliest form, and afterwards became combined into the priestly order, out of whose meditations rose the new system. These clans continued in the new states. The names represent in part different traditions of the doctrine, various schools and views. But even the clans of the Kshatriyas and Vaiçyas, united by the common worship of ancestors, existed on the Ganges. Only in them or in close local communities could those customs of law grow up and perpetuate themselves, to which reference is so frequently made in the book of the law. The spread of the system of castes, the accompanying tendency to perpetuate what has once come into existence, was not likely to injure the continuance of these clans. They exercised a very important supervision over the members; and by bringing the Brahmans to the funeral meals of the families, as prescribed in the book (p. 163), this supervision became an advantage to the new doctrine, and in any case assisted the Brahmans essentially in carrying out their system, just as to this day it helps in a higher degree to maintain that system. The book of the law lays down detailed regulations who is to be invited to the funeral feasts and the festivals for the souls of the departed, and who is to be excluded. Those are to be excluded who are not true to the mission of their caste, and neglect its obligations, who do not fulfil their religious duties, who pursue forbidden and impure occupations, e. g. the burying of the dead for hire, dancing as a trade, dog-breaking, buffalo-catching, etc.; those who suffer from certain bodily infirmities, and finally those who lead an immoral life; usurers, drunkards, gamblers, keepers of gambling and drinking houses, adulterers and burglars, thieves and incendiaries, every one of bad reputation and character.²⁹⁰ In this way the clans under the guidance of the Brahman assessors possessed the most complete censorship over the lives of the members, and a power of punishment from which there was no escape. The families could impose expiations and fines on any member who transgressed or failed to fulfil his religious, moral, or caste duties; if he refused to submit to these they could at a certain time expel him for ever out of the community, by excluding him from the funeral feast. The latter resolution of the family deprived the person on whom it fell of his entire social position; in fact, of his economical existence. It implied exclusion from the caste. No one could have any dealings with a person so expelled, otherwise he became infected by communion with him. He could not get his children married; after his decease no sacrifice for the dead assuaged the punishments which awaited him in the other world. Now as ever, the clans perform the ceremony of adopting the young Dvija into the caste and family by investiture with the sacred girdle; they still exercise this jurisdiction, and as a penalty for breach of the arrangement of castes, neglect of religious duties, drunkenness, slander, and other moral errors, they impose exclusion from the family and caste by overturning the water-jar and exclusion from the funeral feast. A sentence of social extinction is thus pronounced upon the expelled person. He is civically dead and despised. No one associates with him in any one relation; no one holds any communion with him. The members of his own family will not give him a draught of water after his expulsion; no member even of the lowest order shelters him, for by doing so he would break the law of caste. It is only by this self-government, this censorship of the clans, that the system of caste has been able to strike such deep roots, to resist every new doctrine, and the severest attacks of foreign tyranny; that the religion, character, and civilisation of the Indians continue to exist after centuries of oppression.

The corporate form of the village communities were not of a much later date than the authority of the clans over their members. Its early stages must go back at least as far as the settlement of the Aryas in the land of the Ganges, for we find it in the same form in the districts which were not occupied by the Aryas till later, in Malava (Malva), Surashtra (Guzerat), and to a considerable extent in the provinces of the Deccan. The village community possesses a definite property (mark) consisting of arable land, pasture, forest, and uncultivated soil. The book of the law orders the overseers of districts to take care that the boundaries of the properties are marked out by the planting of trees, by wells and altars. If a contention arises between two villages about the borders, they must be marked out afresh, according to the traces which can be discovered, and the declaration of witnesses taken in the presence of inhabitants of the village. These witnesses must take their oaths in red garments, with crowns of red flowers on their heads. If witnesses cannot be found in the contending neighbouring villages, the people who dwell in the open land, or the forest, must be taken; the cowherds, fishermen, hunters, bird-catchers, snake-hunters; and on their declaration the borders must be fixed and set down in writing.²⁹¹ The community has its overseers, and the office is hereditary. He divides the quotas among the villagers, according to the measure and productiveness of the land; he also divides the uncultivated land and fixes the share in water allotted to each. He settles differences between the villagers, and manages the police, having even the power of imprisonment. As a reward for the labours of the office the overseer is in possession of a larger share in land, and receives taxes from the villagers, one or two handfuls, as a rule, from every measure of corn or rice in the harvest. But the overseer does not govern the community by his own power; he exercises all his functions surrounded by the community, who assemble under the great tree, and provide him with assessors, or deputies for settling quarrels. Beside the overseer the community has its Brahman, who has to point out the proper time for beginning every business – without such certainty the Hindu undertakes nothing – who narrates stories to the peasants from the Epos and legends, and in modern times at any rate is the school-master of the village. There are also other officers, the smith, and guardian of the soil, and even a dancing-girl, to whom, along with the overseer, land and taxes are allotted.²⁹² In the sutras of the Buddhists we also hear of resolutions of the communities in cities, and corporations of merchants, who compel the members to pay respect to their rules by imposing fines;²⁹³ and Megasthenes tells us that the cities in the kingdom of Magadha were governed by six independent colleges. From this we may assume that the impulse to form associations and corporations was not unknown to the cities on the Ganges: we are however without any information as to the extent of these corporations, or the length of time during which they were able to maintain themselves against the power of the kings. The advice of the book that the king should place chief overseers over the cities has been mentioned above (p. 215). On the other hand, the village communities remain intact in their old form till this day, and they with the clans form the principal entrenchment behind which the old Indian character has maintained itself against native and foreign despotism. The change of princes or government has little influence on the village communities; they manage their own affairs independently: the business rarely amounts to more than an increase or diminution in taxes. The violence of the princes fell on the surrounding districts, not on quiet humble villages; it was only the tax-gatherer and the overseer of the districts that they had to fear. But even if specially bad times came, if invasion reached and devastated the village, and the inhabitants were slaughtered or driven out, all who survived the sword and famine returned, or their children returned, to the land they had left, rebuilt their huts, and began again to cultivate the fields which their fathers had cultivated from immemorial antiquity.

In spite of the violence and barbarity of native kings and foreign conquerors, and the severe claims made upon them here and there, the Indians in their clans and village communities possessed a considerable share of freedom and self-government in the personal relations of life; this was the case with the majority of the cultivators of the soil, and the householders of all the upper castes. From the worship of the ancestors, the combination of families, there grew up within the castes of the Brahmans, the Kshatriyas, and the Vaiçyas a pre-eminence and favoured position for those families which claimed to be not only of purer, but also of older and nobler origin than the rest. In the circles of the separate castes this aristocracy took the place of the ancient aristocracy of the Kshatriyas. However little weight might be attributed to it by the kings, the example and pattern of these families had great influence on the lower members of the caste. In later centuries the importance of this aristocratic element was strengthened by the fact, that in the land of the Ganges the office became hereditary to which the princes had to transfer the collection of land-taxes or taxes generally in the various districts of the land. Thus the tax-gatherers were enabled to perpetuate their functions in these families; they oppressed the village communities, from which they took the taxes till they became their serfs, and thus in course of time they reached an influential and important position, which they were able to maintain with success, and have maintained in all essentials to this day.

CHAPTER VII.
THE CASTES AND THE FAMILY

The book of the law was the canon of pure conduct, and the holy order of the state and society, which the Brahmans held up before the princes and nations on the Ganges. They made no attempt to get the throne into their own hands; they had no thought of giving an effective political organisation to their caste; they did not seek to set up a hierarchy which should take its place by the side of the state, or rise superior to it, and thus secure such obedience for their demands among clergy and laity as would ensure the carrying out of the commands of the book. For this the Brahmans had not sufficient practical or political capacity; they were too deeply plunged in their hair-splitting and fanciful speculations, in their ceremonial and their penances. They were content with demanding the place of assessor or president at the funeral feasts in the families of the Kshatriyas and Vaiçyas, the influence of which position went far beyond their expectations; with recommending members of their order as ministers, judges, and magistrates to the king; with requiring that he should protect the Brahmans as his sons, provide for their support, be greatly liberal to them, abstain from imposing taxes on learned Brahmans, and maintain their advantages and rights against the other classes. If a Brahman had no heirs, the king must not take his property, but present it to the members of the order, and give to a Brahman any treasure which he may happen to find. In the epic poetry an exaggerated attempt is made to bring this liberality plainly before the mind: the Brahmans acquire hundreds of thousands of cows, treasures without end, and the whole earth.²⁹⁴ But all these commands are only wishes; as a fact the Brahmans had no other status as against the kings than the respect which their educational knowledge of the doctrine, their acquaintance with the forms and ritual of sacrifice, gave them: they had only the moral influence which their dogma and their exhortations could exercise on the heart of the king, the power of the faith which they could excite in their disciples. Their power, as we have seen, they knew how to support by their views on the merit acquired by the king in this and the next world by reason of his good works towards the Brahmans, by the fear of the punishments in hell and the regenerations, with which the book of the law so liberally threatens all who despise Brahmans. 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.

Though, in general, it is a supreme principle of law that it shall be administered without respect of persons, that the same punishment for the same offence shall overtake every offender, be his rank and position what it may, the system of caste leads to an arrangement diametrically opposite. Throughout, the book of the law measures out punishment unequally, according to the rank of the castes, so that in an equal offence the highest order has as a rule to undergo the least punishment. This apportionment of punishment according to the castes is most striking in the case of injuries and outrages inflicted by members of the lower orders on the members of the higher. The Brahmans, and in a less degree the Kshatriyas and Vaiçyas, are protected by threats of barbarous punishments. The Çudra who has been guilty of injuring a Dvija by dangerous language, is to have his tongue clipped; if he has spoken disrespectfully of him, a hot iron is to be thrust into his mouth, and boiling oil poured into his mouth and ears. If a Çudra ventures to sit on a seat with a "twice-born," he is to be branded; if he lays hold of a Brahman, both hands are to be amputated; if he spits at a Brahman, his lips are cut off, etc. In actual injuries done to members of the higher castes by the lower, the members of the latter are doomed in each case to lose the offending member: he who has lifted up his hand, or a stick, loses his hand; he who has lifted up his foot, loses the foot. For slighter offences of language against a Brahman the Çudra is whipped, the Vaiçya is fined 200 panas, the Kshatriya, 100. If, on the contrary, a Brahman injures one of the lower castes he pays 50 panas to the Kshatriya, 25 to the Vaiçya, and 12 to the Çudra. If members of the same caste injure each other in word, small fines of 12 or at most 24 panas are sufficient. More unfair still are other privileges secured by the law to the Brahmans, – that in suits for debt they are never to be given up as slaves to the creditors; that no crime or transgression on the part of a Brahman is to be punished by confiscation of his property, or by corporal punishment. He is never, even for the worst crime, to be condemned to death; at the utmost he can only be banished.²⁹⁵ On the other hand, as has been remarked in the case of theft, the fine increases according to the caste of the offender, so that here we have a gradation in the opposite direction: the Brahman is fined eight-fold the sum paid by the Çudra in a similar case; and in loans the Brahman is allowed to receive only the lowest rate of interest – two per cent. In courts of law the Brahman was addressed differently, and asked to give his evidence differently, from the other orders; his oath is given in different terms. With Brahmans, who naturally come to maturity sooner than the other orders, the consecration by investiture takes place in the eighth year, with the Kshatriyas in the eleventh, with the Vaiçyas not till the twelfth. The holy girdle, the common symbol of the Dvija as opposed to the Çudra, must consist with the Brahmans of three threads of cotton, with the Kshatriyas of three threads of hemp, with the Vaiçyas of three threads of sheep's wool. The Brahman wears a belt of sugar-cane, and carries a bamboo staff; the Kshatriya has a belt of bow-strings, and a staff of banana-wood; the Vaiçya a girdle of hemp, and a staff of fig-wood. The staff of the Brahman reaches to his hair, that of the Kshatriya to the brow, that of the Vaiçya to the tip of his nose. This staff must be covered with the bark, must be straight, pleasing to the eye, and have nothing terrifying about it. The Brahman wears a shirt of fine hemp, and as a mantle the skin of the gazelle; the Kshatriya a shirt of linen, and the skin of a deer as a cloak; the Vaiçya a woollen shirt, and a goat-skin. Any one who is inclined to do a civility, must, says the book, ask the Brahman whether he is advancing in sanctity, the Kshatriya whether he suffers in his wounds, the Vaiçya whether his property is thriving, the Çudra whether he is in health.²⁹⁶

We cannot exactly ascertain what position the old nobility, the Kshatriyas, took up after the establishment of the new system. The increased power of the kings, the elevation of the priesthood, the change in the whole view of life, diminished their importance to a considerable degree. If in some small tribes the warlike nobility on the Ganges maintained its old position so far as to prevent the establishment of the monarchy, or removed it altogether, this was an exception.²⁹⁷ In the Panjab, which did not completely follow the development achieved in the regions on the Ganges, it was more generally the case that the nobility overpowered the monarchy, and drove out the old princes. This took place, no doubt, when the latter showed a desire to take up a despotic position. In the fourth century we find among "the free Indians," as the Greeks call them, numerous noble families in a prominent position. The book of the law allows that the Brahmans cannot exist without the Kshatriyas, but neither could the Kshatriyas without the Brahmans; salvation is only to be obtained by a union of the two orders: by this were Brahmans and Kshatriyas exalted in this world and the next.²⁹⁸ We have already remarked, that within their own caste the old families of the Kshatriyas occupy a prominent place.

According to the book, the members of all the castes, like every created being, fulfil duties imposed upon them, i. e. carry on the occupations allotted to them. The life of the Brahmans is to be devoted to the Holy Scriptures, the sacred services, the teaching of the Veda and the law (the latter could be taught by none but Brahmans), and, finally, to contemplation and penance in the forest. But how was it possible to keep the whole order of the Brahmans to the study of the Veda, to sacrifice and worship, when it was also necessary for them to find support? How could the whole order disregard the care of their maintenance, especially when it was a duty to bring up a numerous family, or give up every desire to amass property? True it is, that liberality to the Brahmans was impressed on the kings and the other castes as a supreme duty; the pupils of the Brahmans were bidden to support their teachers by gifts; and the law permitted the Brahmans to live by gifts, to beg, to gather corn or ears of rice. From the Buddhist sutras we know that the kings followed the commands of the law, and that a multitude of Brahmans lived at the royal courts. We also know from the Greeks that every house was open to the wandering Brahman, and in the market they were overburdened with presents of the necessaries of life. Greek and Indian accounts inform us that troops of Brahmans wandered through the land – a mode of life which in India is not the most unpleasant; and it is certain that a considerable number lived as anchorites in the forests. But these habits required that a man should give up all thoughts of wife and child, house and home; and this all could not undertake to do. On what, then, were the Brahman householders to live, who possessed nothing, and were without land sufficient for their support? There were only two means for keeping the whole order to the study of the Veda and the performance of sacrifice; either they must be provided with sufficient land, or they must be maintained at the cost of the state. Among the Egyptians the priesthood lived on the land of the temples; among the Phenicians and Hebrews, on the tithes of the harvest, paid to the temples; in the middle ages our hierarchy lived on its own land and people, on tithes and other taxes: but all these were political institutions, and the Brahman lawgivers had neither the capacity to discover them, nor had their states the power to establish and maintain them. Still less could refuge be taken in a law forbidding to marry; all Brahmans could not be allowed to live from youth up as anchorites in the forest, if the Brahmans were to continue to exist as a caste by birth, and it was on superiority of blood that their whole position rested.

Practical life bid complete defiance to doctrine. The law must be content to moderate in part, and in part to give up entirely the ideal demands, the principles and results of system in favour of the necessity for maintenance. It must allow that the Brahman householders, who possessed no property, might lead the life of the Kshatriya. This permission has been and is still used; at this time a great part of the native Anglo-Indian army consists of born Brahmans. If a Brahman could not earn a livelihood by service in war, he might lead the life of a Vaiçya, and attempt to maintain himself by tilling the land and keeping flocks. But if possible the Brahman must avoid tilling the field himself; "the work of the field depends on the help of cattle; the ploughshare cleaves the soil and kills the living creatures contained in it." If the Brahman cannot live as a farmer, or a herdman, he may live even by the "truth and falsehood of trade." But in regard to certain articles of trade, the book is inexorable, and though it cannot threaten trade in these with punishments from the state, it holds up the melancholy consequences of such an occupation as a terror. Trade in intoxicating drinks, juices of plants, perfumes, butter, honey, linen and woollen cloths, turns the Brahman in seven nights into a Vaiçya: trade in milk makes him a Çudra in three days. The Brahman who sells sesame-seeds will be born again as a worm in the excrement of dogs; and the punishment will even come upon his ancestors. The Brahman merchant, like the Vaiçya, must never lend money on interest – in other places, as has been mentioned, the law allows a low rate of interest (p. 240) – no Brahman must attempt to gain a living by seductive arts, singing and music, and he must never live by "the work of the slave – the life of the dog."²⁹⁹ The same exceptions are allowed by the law for the Kshatriya as for the Brahman, if he possesses no property and cannot acquire anything by the profession of arms. The Vaiçya, who cannot live by agriculture, or trade, or handicraft, is allowed to live the life of a Çudra. Hence there are the Brahmans of the Holy Scriptures and Brahmans by birth,³⁰⁰ and also Kshatriyas and Vaiçyas who belong to these orders by birth only, not by occupation. Thus new distinctions arose which must soon have become fixed and current.