CHAPTER XI.

THE POPULAR BRAHMANIC FAITH

For a long time after the Vedic age there is little that gives one an

insight into the views of the people. It may be presumed, since the

orthodox systems never dispensed with the established cult, that the

form of the old Vedic creed was kept intact. Yet, since the real

belief changed, and the cult became more and more the practice of a

formality, it becomes necessary to seek, apart from the inherited

ritual, the faith which formed the actual religion of the people.

Inasmuch as this phase of Hindu belief has scarcely been touched upon

elsewhere, it may be well to state more fully the object of the

present chapter.

We have shown above that the theology of the Vedic period had

resulted, before its close, in a form of pantheism, which was

accompanied, as is attested by the Atharva Veda, with a demonology and

witch-craft religion, the latter presumably of high antiquity.

Immediately after this come the esoteric Br[=a]hmanas, in which the

gods are, more or less, figures in the eyes of the priests, and the

form of a Father-god rises into chief prominence, being sometimes

regarded as the creative force, but at all times as the moral

authority in the world. At the end of this period, however, and

probably even before this period ended, there is for the first time,

in the Upanishads, a new religion, that, in some regards, is esoteric.

Hitherto the secrets of religious mysteries had been treated as hidden

priestly wisdom, not to be revealed. But, for the most part, this

wisdom is really nonsense; and when it is said in the Br[=a]hmanas, at

the end of a bit of theological mystery, that it is a secret, or

that 'the gods love that which is secret,' one is not persuaded by the

examples given that this esoteric knowledge is intellectually

valuable. But with the Upanishads there comes the antithesis of

inherited belief and right belief. The latter is public property,

though it is not taught carelessly. The student is not initiated into

the higher wisdom till he is drilled in the lower. The most unexpected

characters appear in the rôle of instructors of priests, namely,

women, kings, and members of the third caste, whose deeper wisdom is

promulgated oftentimes as something quite new, and sometimes is

whispered in secret. Pantheism, _sams[=a]ra_,[1] and the eternal bliss

of the individual spirit when eventually it is freed from further

transmigration,--these three fundamental traits of the new religion

are discussed in such a way as to show that they had no hold upon the

general public, but they were the intellectual wealth of a few. Some

of the Upanishads hide behind a veil of mystery; yet many of them, as

Windisch has said, are, in a way, popular; that is, they are intended

for a general public, not for priests alone. This is especially the

case with the pantheistic Upanishads in their more pronounced form.

But still it is only the very wise that can accept the teaching. It is

not the faith of the people.

Epic literature, which is the next living literature of the Brahmans,

after the Upanishads, takes one, in a trice, from the beginnings of a

formal pantheism, to a pantheism already disintegrated by the newer

worship of sectaries. Here the impersonal _[=a]tm[=a]_, or nameless

Lord, is not only an anthropomorphic Çiva, as in the late Upanishads,

where the philosophic _brahma_ is equated with a long recognized type

of divinity, but _[=a]tm[=a]_ is identified with the figure of a

theomorphic man.

Is there, then, nothing with which to bridge this gulf?

In our opinion the religion of the law-books, as a legitimate phase of

Hindu religion, has been too much ignored. The religion of Upanishad

and Ved[=a]nta, with its attractive analogies with modern speculation,

has been taken as illustrative of the religion of a vast period, to

the discrediting of the belief represented in the manuals of law. To

these certainly the name of literature can scarcely be applied, but in

their rapport with ordinary life they will be found more apt than are

the profounder speculations of the philosophers to reflect the

religious belief taught to the masses and accepted by them.

The study of these books casts a broad light upon that interval

between the Vedic and epic periods wherein it is customary to imagine

religion as being, in the main, cult or philosophy. Nor does the

interest cease with the yield of necessarily scanty yet very

significant facts in regard to eschatological and cosmogonic views.

The gods themselves are not what they are in the rites of the cunning

priests or in the dogmas of the sages. In the Hindu law there is a

reversion to Vedic belief; or rather not a reversion, but here one

sees again, through the froth of rites and the murk of philosophy, the

under-stream of faith that still flows from the old fount, if somewhat

discolored, and waters the heart of the people.

At just what time was elaborated the stupendous system of rites, which

are already traditional in the Br[=a]hmanas, can never be known. Some

of these rites have to do with special ceremonies, such as the royal

inauguration, some are stated _soma_-sacrifices.[2] Opposed to these

_soma_-feasts is the simpler and older fire-cult, which persists in

the house-rituals. All of these together make up a sightly array of

sacrifices.[3] The _soma_-ritual is developed in the Br[=a]hmanas. But

with this class of works there must have been from ancient times

another which treated of the fire-ritual, and of which the more modern

representatives are the extant S[=u]tras. It is with S[=u]tras that

legal literature begins, but these differ from the ritualistic

S[=u]tras. Yet both are full of religious meat. In these collections,

even in the more special, there is no arrangement that corresponds to

western ideas of order. In a completed code, for example, there is a

rough distribution of subjects under different heads, but the attempt

is only tentative, and each work presents the appearance of a

heterogeneous mass of regulations and laws, from which one must pick

out the law for which he is seeking. The earlier legal works were in

prose; the later evolved codes, of which there is a large number, in

metre. It is in these two classes of house-ritual and law-ritual,

which together constitute what is called Smriti, tradition-ritual (in

distinction from the so-called Çruti, revelation-ritual), that one may

expect to find the religion of the time; not as inculcated by the

promoters of mystery, nor yet as disclosed by the philosopher, but as

taught (through the priest) to the people, and as accepted by them for

their daily guidance in matters of every-day observance. We glance

first at the religious observances, for here, as in the case of the

great sacrifices, a detailed examination would be of no more value

than a collective impression; unless, indeed, one were hunting for

folk-lore superstitions, of which we can treat now only in the mass.

It is sufficient to understand that, according to the house-ritual

(_g[r.]hya-s[=u]tra_) and the law-ritual (_dharma-s[=u]tra_, and

_dharma-ç[=a]stra_),[4] for every change in life there was an

appropriate ceremony and a religious observance; for every day,

oblations (three at least); for every fortnight and season, a

sacrifice. Religious formulae were said over the child yet unborn.

From the moment of birth he was surrounded with observances.[5] At

such and such a time the child's head was shaved; he was taken out to

look at the sun; made to eat from a golden spoon; invested with the

sacred cord, etc, etc. When grown up, a certain number of years were

passed with a Guru, or tutor, who taught the boy his Veda; and to whom

he acted as body-servant (a study and office often cut short in the

case of Aryans who were not priests). Of the sacraments alone, such as

the observances to which we have just alluded, there are no less than

forty according to Gautama's laws (the name-rite, eating-rite, etc.).

The pious householder who had once set up his own fire, that is, got

married, must have spent most of his time, if he followed directions,

in attending to some religious ceremony. He had several little rites

to attend to even before he might say his prayers in the morning; and

since even to-day most of these personal regulations are dutifully

observed, one may assume that in the full power of Brahmanhood they

were very straitly enforced.[6]

It is, therefore, important to know what these works, so closely in

touch with the general public, have to say in regard to religion. What

they inculcate will be the popular theology of completed Brahmanism.

For these books are intended to give instruction to all the Aryan

castes, and, though this instruction filtrates through the hands of

the priest, one may be sure that the understanding between king and

priest was such as to make the code the real norm of justice and

arbiter of religious opinions. For instance, when one reads that the

king is a prime divinity, and that, _quid pro quo_, the priest may be

banished, but never may be punished corporally by the king, because

the former is a still greater divinity, it may be taken for granted

that such was received opinion. When we come to take up the Hinduism

of the epic we shall point out that that work contains a religion more

popular even than that of the legal literature, for one knows that

this latter phase of religion was at first not taught at all, but grew

up in the face of opposition. But for the present, before the rise of

epic 'Hinduism,' and before taking up the heretical writings, it is a

great gain to be able to scan a side of religion that may be called

popular in so far as it evidently is the faith which not only was

taught to the masses, but which, as is universally assumed in the law,

the masses accept; whereas philosophers alone accept the _[=a]tm[=a]_

religion of the Upanishads, and the Br[=a]hmanas are not intended for

the public at all, but only for initiated priests.

What, then, is the religious belief and the moral position of the

Hindu law-books? In how far has philosophy affected public religion,

and in what way has a reconciliation been affected between the

contradictory beliefs in regard to the gods; in regard to the value of

works on the one hand, and of knowledge on the other; in regard to

hell as a means of punishment for sin on the one hand, and

reincarnation (_sams[=a]ra_) on the other; in regard to heaven as a

reward of good deeds on the one hand, and absorption into God on the

other; in regard to a personal creator on the one hand, and a First

Cause without personal attributes on the other?

For the philosophical treatises are known and referred to in the early

codes; so that, although the completed systems post-dated the

S[=u]tras, the cosmical and theological speculations of the earlier

Upanishads were familiar to the authors of the legal systems.

The first general impression produced by a perusal of the law-books is

that the popular religion has remained unaffected by philosophy. And

this is correct in so far as that it must be put first in describing

the codes, which, in the main, in keeping the ancient observances,

reflect the inherited faith. When, therefore, one says that

pantheism[7] succeeded polytheism in India, he must qualify the

assertion. The philosophers are pantheists, but what of the vulgar? Do

they give up polytheism; are they inclined to do so, or are they

taught to do so? No. For there is no formal abatement in the rigor of

the older creed. Whatever the wise man thought, and whatever in his

philosophy was the instruction which he imparted to his peers, when he

dealt with the world about him he taught his intellectual inferiors a

scarcely modified form of the creed of their fathers. How in his own

mind this wise man reconciled the two sets of opinion has been shown

above. The works of sacrifice, with all the inherited belief implied

by them, were for him preparatory studies. The elasticity of his

philosophy admitted the whole world of gods, as a temporary reality,

into his pantheistic scheme. It was, therefore, neither the hypocrisy

of the Roman augur, nor the fear of results that in his teaching held

him to the inheritance he had received. Gods, ghosts, demons, and

consequently sacrifices, rites, ordeals, and formulae were not

incongruous with his philosophical opinions. He himself believed in

these spiritual powers and in the usefulness of serving them. It is

true that he believed in their eventual doom, but so far as man was

concerned they were practically real. There was, therefore, not only

no reason why the sage should not inculcate the old rites, but there

was every reason why he should. Especially in the case of pious but

ignorant people, whose wisdom was not yet developed to a full

appreciation of divine relativity, was it incumbent on him to keep

them, the lower castes, to the one religion that they could

comprehend.

It is thus that the apparent inconsistency in exoteric and esoteric

beliefs explains itself. For the two are not contradictory. They do

not exclude each other. Hindu pantheism includes polytheism with its

attendant patrolatry, demonology, and consequent ritualism.[8]

With rare exceptions it was only the grosser religion that the vulgar

could understand; it was only this that they were taught and believed.

Thus the old Vedic gods are revered and worshipped by name. The Sun,

Indra, and all the divinities embalmed in ritual, are placated and

'satiated' with offerings, just as they had been satiated from time

immemorial. But no hint is given that this is a form; or that the

Vedic gods are of less account than they had been. Moreover, it is not

in the inherited formulae of the ritual alone that this view is

upheld. To be sure, when philosophical speculation is introduced, the

Father-god comes to the fore; Brahm[=a][9] sits aloft, indulgently

advising his children, as he does in the intermediate stage of the

Br[=a]hmanas; and _[=a]tm[=a] (brahma)_ too is recognized to be the

real being of Brahm[=a], as in the Upanishads.[10] But none of this

touches the practice of the common law, where the ordinary man is

admonished to fear Yama's hell and Varuna's bonds, as he would have

been admonished before the philosopher grew wiser than the Vedic

seers. Only personified Right, Dharma, takes his seat with shadowy

Brahm[=a] among the other gods.[11]

What is the speech which the judge on the bench is ordered to repeat

to the witnesses? Thus says the law-giver Manu: "When the witnesses

are collected together in the court, in the presence of the plaintiff

and defendant, the (Brahman) judge should call upon them to speak,

kindly addressing them in the following manner: 'Whatever you know has

been done in this affair ... declare it all. A witness who in

testifying speaks the truth reaches the worlds where all is plenty ...

such testimony is honored by Brahm[=a]. One who in testifying speaks

an untruth is, all unwilling, bound fast by the cords of Varuna,[12]

till an hundred births are passed.' ... (Then, speaking to one

witness): 'Spirit (soul) is the witness for the Spirit, and the Spirit

is likewise the refuge of the Spirit. Despise not, therefore, thine

own spirit (or soul), the highest witness of man. Verily, the wicked

think 'no one sees us,' but the gods are looking at them, and also the

person within (conscience). _Dyaus, Earth, the Waters_, (the person in

the) heart, _Moon, Sun, Fire, Yama, Wind, Night, the twin Twilights_,

and Dharma know the conduct of all corporeal beings.... Although, O

good man, thou regardest thyself, thinking, 'I am alone,' yet the holy

one (saint) who sees the evil and the good, stands ever in thy heart.

It is in truth god Yama, the son of Vivasvant, who resideth in thy

heart; if thou beest not at variance with him (thou needest) not (to)

go to the Ganges and to the (holy land of) the Kurus (to be

purified).'"

Here there is no abatement in Vedic polytheism, although it is circled

round with a thin mist from later teachings. In the same way the

ordinary man is taught that at death his spirit (soul) will pass as a

manikin out of his body and go to Yama to be judged; while the feasts

to the Manes, of course, imply always the belief in the individual

activity of dead ancestors. Such expressions as 'The seven daughters

of

Varuna' (_sapta v[=a]ru[n.][=i]r im[=a]s,_ [=A]çv. _Grih. S_. 2. 3. 3)

show that even in detail the old views are still retained. There is no

advance, except in superstitions,[13] on the main features of the old

religion. So the same old fear of words is found, resulting in new

euphemisms. One must not say 'scull,' _kap[=a]la_, but call it

_bhag[=a]la_, 'lucky' (Gaut. 9. 21); a factor in the making of African

languages also, according to modern travellers. Images of the gods are

now over-recognized by the priest, for they must be revered like the

gods themselves (_ib_. 12; P[=a]r. _Grih. S_. 3. 14. 8. etc.). Among

the developed objects of the cult serpents now occupy a prominent

place. They are mentioned as worshipful in the Br[=a]hmanas. In the

S[=u]tra period offerings are made to snakes of earth, air, and

heaven; the serpents are 'satiated' along with gods, plants, demons,

etc. (Ç[=a][.n]kh. 4. 9. 3; 15. 4; [=A]çv. 2. 1. 9; 3. 4. 1;

P[=a]rask. 2. 14. 9) and blood is poured out to them ([=A]çv. 4. 8.

27.).[14] But other later divinities than those of the earliest Veda,

such as Wealth (Kubera), and Dharma, have crept into the ritual. With

the Vedic gods appears as a divinity in Kh[=a]d. 1. 5. 31 the love-god

K[=a]ma, of the Atharvan; while on the other hand Rudra the beast-lord

(Paçupati, Lord of Cattle), the 'kindly' Çiva, appears as 'great god,'

whose names are Çankara, Prish[=a]taka, Bhava, Çarva, Ugra, Iç[=a]na

(Lord); who has all names and greatness, while he yet is described in

the words of the older text as 'the god that desires to kill' ([=A]çv.

2. 2. 2; 4. 8. 9, 19,[15] 29, 32; _[=A]it. Br_. 3. 34). On the other

hand Vishnu is also adored, and that in connection with the [Greek:

logos], or V[=a]c (_ib_. 3. 3. 4). Quite in Upanishad manner--for it

is necessary to show that these were then really known--is the formula

'thou art a student of _pr[=a][n.]a_ (Breath,) and art given over to

Ka' (_ib_. 1. 20. 8.), or _'whom?'_ In [=A]çval[=a]yana no Upanishads

are given in the list of literature, which includes the 'Eulogies of

men,' Itih[=a]sas, Pur[=a]nas, and even the Mah[=a]bh[=a]rata (3. 3.

1; 4. 4). But in 1. 13. 1, _Upanishad-rites_ (and that of a very

domestic nature) are recognized, which would corroborate the

explanation of Upanishad given above, as being at first a subsidiary

work, dealing with minor points.[16] Something of the sciolism of the

Upanishads seems to lie in the prayer that of the four paths on which

walk the gods the mortal may be led in that which bestows 'freedom

from death' (P[=a]r. 3. 1. 2); and many of the teachers famous in the

Upanishads are now revered by name like gods ([=A]çv. 3. 4. 4, etc.).

On turning from these domestic S[=u]tras to the legal S[=u]tras it

becomes evident that the pantheistic doctrine of the Upanishads, and

in part the Upanishads themselves, were already familiar to the

law-makers, and that they influenced, in some degree, the doctrines of

the law, despite the retention of the older forms. Not only is

_sams[=a]ra_ the accepted doctrine, but the _[=a]tm[=a]_, as if in a

veritable Upanishad, is the object of religious devotion. Here,

however, this quest is permitted only to the ascetic, who presumably

has performed all ritualistic duties and passed through the stadia

that legally precede his own.

Of all the legal S[=u]tra-writers Gautama is oldest, and perhaps is

pre-buddhistic. Turning to his work one notices first that the

M[=i]m[=a]msist is omitted in the list of learned men (28. 49);[17]

but since the Upanishads and Ved[=a]nta are expressly mentioned, it is

evident that the author of even the oldest S[=u]tra was acquainted

with whatever then corresponded to these works.[18] The opposed

teaching of hell versus _sams[=a]ra_ is found in Gautama. But there is

rather an interesting attempt to unite them. Ordinarily it is to hell

and heaven that reference is made, _e.g_., 'the one that knows the law

obtains the heavenly world' (28. 52); 'if one speak untruth to a

teacher, even in thought, even in respect to little things, he slays

seven men after and before him' (seven descendants and seven

ancestors, 23. 31). So in the case of witnesses: 'heaven (is the

fruit) for speaking the truth; otherwise hell' (13. 7); 'for stealing

(land) hell' (is the punishment, _ib_. 17). Now and then comes the

philosophical doctrine: 'one does not fall from the world of

Brahm[=a]' (9. 74); 'one enters into union and into the same world

with Brahm[=a]' (8. 25).

But in 21. 4-6 there occurs the following statement: 'To be an outcast

is to be deprived of the works of the twice-born, and hereafter to be

deprived of happiness; this some (call) hell.' It is evident here that

the expression _asiddhis_ (deprivation of success or happiness) is

placed optionally beside _naraka_ (hell) as the view of one set of

theologians compared with that of another; 'lack of obtaining success,

_i.e_., reward' stands parallel to 'hell.' In the same chapter, where

Manu says that he who assaults a Brahman "obtains hell for one hundred

years" (M. xi. 207), Gautama (21. 20) says "for one hundred years,

lack of heaven" (_asvargyam_), which may mean hell or the deprivation

of the result of merit, _i.e_., one hundred years will be deducted

from his heavenly life. In this case not a new and better birth but

heaven is assumed to be the reward of good acts. Now if one turns to

11. 29-30 he finds both views combined. In the parallel passage in

[=A]pastamba only better or worse re-births are promised as a reward

for good or evil (2. 5. 11. 10-11); but here it is said: "The castes

and orders that remain by their duty, having died, having enjoyed the

fruits of their acts, with the remnant of their (merit) obtain

re-birth, having an excellent country, caste, and family; having long

life, learning, good conduct, wealth, happiness, and wisdom. They of

different sort are destroyed in various ways." Here, heavenly joys

(such as are implied by _ni[h.]çreyasam_ in 26) are to be enjoyed

first, and a good birth afterwards, and by implication one probably

has to interpret the next sentence to mean 'they are sent to hell and

then re-born in various low births.' This, too, is Manu's rule

(below). At this time the sacred places which purify are in great

vogue, and in Gautama a list of them is given (19. 14), viz.: "all

mountains, all rivers, holy pools, places of pilgrimage (_i.e_.,

river-fords, _tirth[=a]ni_), homes of saints, cow-pens, and altars."

Of these the _tirthas_ are particularly interesting, as they later

become of great importance, thousands of verses in the epic being

devoted to their enumeration and praise.

Gautama says also that ascetics, according to some teachers, need not

be householders first (3. 1), and that the Brahman ascetic stays at

home during the rainy season, like the heretic monks (_ib_. 13). If

one examine the relative importance of the forms and spirit of

religion as taught in this, the oldest _dharma-s[=u]tra_,[19] he will

be impressed at first with the tremendous weight laid on the former as

compared with the latter. But, as was said apropos of the Brahmanic

literature, one errs who fails to appreciate the fact that these works

are intended not to give a summary of religious conduct, but to

inculcate ceremonial rules. Of the more importance, therefore, is the

occasional pause which is made to insist, beyond peradventure, on the

superiority of moral rules. A very good instance of this is found in

Gautama. He has a list of venial sins. Since lying is one of the most

heinous offences to a Hindu lawgiver, and the penances are severe, all

the treatises state formally that an untruth uttered in fun, or when

one is in danger, or an oath of the sort implied by Plato: [Greek:

_aphrodision orkon ou phasin einai_],--all these are venial, and so

are lies told to benefit a (holy) cow, or to aid a priest; or told

from religious motives of any sort without self-interest. This is

almost the only example of looseness in morals as taught in the law.

But the following case shows most plainly the importance of morality

as opposed to formal righteousness. After all the forty sacraments (to

which allusion was made above), have been recounted, there are given

'eight good qualities of the soul,' viz., mercy, forbearance, freedom

from envy, purity, calmness, correct behavior, freedom from greed and

from covetousness. Then follows: "He that has (performed) the forty

sacraments but has not the eight good qualities enters not into union

with Brahm[=a], nor into the heaven of Brahm[=a].[20] But he that has

(performed) only a part of the forty sacraments and has the eight good

qualities enters into union with Brahm[=a], and into the heaven of

Brahm[=a]." This is as near to heresy as pre-buddhistic Brahmanism

permitted itself to come.

In the later legal S[=u]tra of the northern Vasistha[21] occurs a rule

which, while it distinctly explains what is meant by liberality, viz.,

gifts to a priest, also recognizes the 'heavenly reward': "If gifts

are given to a man that does not know the Veda the divinities are not

satisfied" (3. 8). In the same work (6. 1) 'destruction' is the fate

of the sinner that lives without observance of good custom; yet is it

said in the same chapter (27): "If a twice-born man dies with the food

of a Ç[=u]dra (lowest caste) in his belly, he would become a village

pig, or he is born again in that (Ç[=u]dra's) family"; and, in respect

to sons begotten when he has in him such food: "Of whom the food, of

him are these sons; and he himself would not mount to heaven ... he

does not find the upward path" (29, 28). In _ib_. 8. 17 the Brahman

that observes all the rules 'does not fall from _brahmaloka,' i.e_.,

the locality of Brahm[=a]. Further, in 10. 4: "Let (an ascetic) do

away with all (sacrificial) works; but let him not do away with one

thing, the Veda; for from doing away with the Veda (one becomes) a

Ç[=u]dra." But, in the same chapter: "Let (the ascetic) live at the

end of a village, in a temple ('god's house'), in a deserted house, or

at the root of a tree; there in his mind studying the knowledge (of

the _[=a]tm[=a]_) ... so they cite (verses): 'Sure is the freedom from

re-birth in the case of one that lives in the wood with passions

subdued ... and meditates on the supreme spirit' ... Let him not be

confined to any custom ... and in regard to this (freedom from worldly

pursuits) they cite these verses: 'There is no salvation (literally

'release') for a philologist (_na çabdaç[=a]str[=a]bhiratasya

mokshas_), nor for one that delights in catching (men) in the world,

nor for one addicted to food and dress, nor for one pleased with a

fine house. By means of prodigies, omens, astrology, palmistry,

teaching, and talking let him not seek alms ... he best knows

salvation who (cares for naught)' ... (such are the verses). Let him

neither harm nor do good to anything.... Avoidance of disagreeable

conduct, jealousy, presumption, selfishness, lack of belief, lack of

uprightness, self-praise, blame of others, harm, greed, distraction,

wrath, and envy, is a rule that applies to all the stadia of life. The

Brahman that is pure, and wears the girdle, and carries the gourd in

his hand, and avoids the food of low castes fails not of obtaining the

world of Brahm[=a]" (_ib_. 10. 18 ff.). Yama, the Manes, and evil

spirits (_asuras_) are referred to in the following chapter (20, 25);

and hell in the same chapter is declared to be the portion of such

ascetics as will not eat meat when requested to do so at a feast to

the Manes or gods (11. 34),--rather an interesting verse, for in

Manu's code the corresponding threat is that, instead of going to hell

'for as long, _i.e_., as many years, as the beast has hairs,' as here,

one shall experience 'twenty-one rebirths,' _i.e_., the hell-doctrine

in terms of _sams[=a]ra_; while the same image occurs in Manu in the

form 'he that slaughters beasts unlawfully obtains as many rebirths as

there are hairs on the beast' (v. 35. 38). The passive attitude

sometimes ascribed to the Manes is denied; they rejoice over a

virtuous descendant (11. 41); a bad one deprives them of the heaven

they stand in (16. 36). The authorities on morals are here, as

elsewhere, Manu and other seers, the Vedas, and the Father-god, who

with Yama gives directions to man in regard to lawful food, etc. (14.

30). The moral side of the code, apart from ritual impurities,

is given, as usual, by a list of good and bad qualities (above),

while formal laws in regard to theft, murder (especially of a

priest), adultery and drunkenness (20. 44; i. 20), with violation

of caste-regulations by intercourse with outcasts, are 'great

crimes.' Though older than [=A]pastamba, who mentions the

P[=u]rva-m[=i]m[=a]ms[=a], Vasistha, too, knows the Ved[=a]nta (3.

17), and the M[=i]m[=a]ms[=a] (_vikalpin--tarkin_, 3. 20, M. XII.

111).

From the S[=u]tras of B[=a]udh[=a]yana's probably southern school

something of additional interest is to be gained. Here 'darkness'

takes the place of hell (2. 3. 5. 9), which, however, by a citation is

explained (in 2. 2. 3. 34) as 'Yama's hall.' A verse is cited to show

that the greatest sin is lack of faith (1. 5. 10. 6) and not going to

heaven is the reward of folly (_ib_. 7); while the reward of virtue is

to live in heaven for long (4. 8. 7). The same freedom in regard to

ascetics as occurs in other S[=u]tra works is to be found in this

author, not in the more suspicious final chapters, but in that part of

the work which is accepted as oldest,[22] and agrees with the data

found in the Br[=a]hmanas, where the pre-buddhistic monk is called

Bhikshu, 'beggar/or Sanny[=a]sin 'he that renounces,' just as these

terms are employed in the heretical writings. As among the Jains (and

Buddhists), the Brahmanic ascetic carries a few simple utensils, and

wanders about from house to house and village to village, begging

food. Some authorities (among the Brahmans) say that one may become an

ascetic as soon as he has completed his study, though ordinarily this

may be done only after passing through the householder stadium. On

becoming an ascetic the beggar takes the vow not to injure any living

thing (B[=a]udh. II.10.17.2. 11, 29), exactly as the Jain ascetic

takes the vow of non-injury. More than this, as will be seen below,

the details of the Brahman ascetic's vows are almost identical with

those of the Jain ascetic. He vows not to injure living beings, not to

lie, not to steal, to be continent, to be liberal; with the five minor

vows, not to get angry, to obey the Teacher, not to be rash, to be

cleanly and pure in eating.[23] To this ascetic order in the Brahman

priesthood may be traced the origin of the heretical monks. Even in

the Br[=a]hmanas occur the termini technici of the Buddhist

priesthood, notably the Çramana or ascetic monk, and the word

_buddha_, 'awakened' (_pratibudh_). The 'four orders' are those

enumerated as the householder, student, ascetic, and forest-hermit. If

one live in all four orders according to rule, and be serene, he will

come to peace, that is, salvation ([=A]pastamba, 2. 9. 21. I, 2).

According to this later legal writer, who belongs to Southern

India,[24] it is only after one has passed through all the preceding

stadia that he may give up works (sacrifice, etc.) and devote himself

to seeking the [=a]tm[=a],'wandering about, without caring for earth

or heaven, renouncing truth and falsehood, pleasure and pain' (_ib_.

10, 13). There follows this passage one significant of the opposition

between purely Upanishad-ideas and those of the law-givers:

'Acquirement of peace (salvation) depends, it is said, on knowledge;

this is opposed by the codes. If on knowledge (depended) acquirement

of peace, even here (in this world) one would escape grief' (_ib._

14-16). Further, in describing the forest-hermit's austerities (_ib._

23. 4 ff.), verses from a Pur[=a]na are cited which are virtually

Upanishadic: 'The eight and eighty thousand seers who desired

offspring (went) south on Aryaman's path, and obtained (as their

reward) graves; (but) the eight and eighty thousand who did not desire

offspring (went) north on Aryaman's path and make for themselves

immortality,' that is to say 'abandon desire for offspring; and of the

two paths (which, as the commentator observes, are mentioned in the

Ch[=a]ndogya Upanishad), that which gives immortality instead of death

(graves) will be yours.' It is admitted that such ascetics have

miraculous powers; but the law-maker emphatically protests in the

following S[=u]tra against the supposition that a rule which stands

opposed to the received rites (marriage, sacrifice, etc.) is of any

power, and asserts that for the future life an endless reward

('fruit'), called in revelation 'heavenly,' is appointed (_ib._ 8-11).

The next chapter, however, limits, as it were, this dogma, for it is

stated that immortality is the re-birth of one's self in the body of

one's son, and a verse is cited: 'Thou procreatest progeny, and that's

thy immortality, O mortal,' with other verses, which teach that sons

that attend to the Vedic rites magnify the fame and heaven of their

ancestors, who 'live in heaven until the destruction of creation'

_([=a] bh[=u]tasamptav[=a]t_, 2. 9. 24. 5), But 'according to the

Bhavishyat-Pur[=a]na' after this destruction of creation 'they exist

again in heaven as the cause of seed' (_ib._) 6. And then follows a

quotation from the Father-god: 'We live with those people who do these

(following) things: (attend to) the three Vedas, live as students,

create children, sacrifice to the Manes, do penance, make sacrifice to

the gods, practice liberality; he that extols anything else becomes

air (or dust) and perishes' (_ib._) 8; and further: 'only they that

commit sin perish' (not their ancestors).

The animus of this whole passage is apparent. The law-maker has to

contend with them that would reject the necessity of following in

order the traditional stadia of a priest's life; that imagine that by

becoming ascetics without first having passed through the preliminary

stadia they can by knowledge alone attain the bliss that is obtained

by union with _brahma_ (or Brahm[=a]). In other words the jurist has

to contend with a trait eminently anti-Brahmanistic, even Buddhistic.

He denies this value of knowledge, and therewith shows that what he

wishes to have inculcated is a belief in the temporary personal

existence of the Manes; in heaven till the end of the world-order; and

the annihilation of the wicked; while he has a confused or mixed

opinion in regard to one's own personal immortality, believing on the

one hand that there is a future existence in heaven with the gods, and

on the other (rather a materialistic view) that immortality is nothing

but continued existence in the person of one's descendants, who are

virtually one's self in another body: _dehatvam ev[=a]'nyat,_ "only

the body is different" (_ib_) 2. As to cosmogony it is stated to be

(not the emanation of an _[=a]tm[=a]_) but the "emission (creation) of

the Father-god and of the seers" (the latter being visible as stars,

_ib_. 13, 14). In this there is plainly a received popular opinion,

which reflects the Vedic and Brahmanic stage, and is opposed to the

philosophical views of the Upanishads, in other words of the first

Vedantic philosophy; while it is mixed up with the late doctrine of

the cataclysms, which ruin each succeeding^ creation. The equal

annihilation of the wicked (_dhvamsanti_) and unorthodox (_dhvamsate_)

is to be noticed. They are here subject neither to hell nor to

rebirth, but they "become dust and perish" (_ib_. 8. 9).

Throughout the whole legal literature one will find this same

antithesis of views in regard to the fate of good and bad, although it

is seldom that annihilation is predicated of the latter. Usually hell

or rebirth are their fate--two views, which no one can really

reconcile. They are put side by side; exactly as in priestly

discussion in India and Europe it still remains an unsettled question

as to when the soul becomes immortal.[25] Occidental experience

teaches how easy it is for such views to stand together unattacked,

although they are the object of speculation. This passage is perhaps,

historically, the most satisfactory (as it is philosophically

unsatisfactory) that can be cited in answer to the questions that were

posed above. But from other parts of legal literature a few more

statements may be culled, to illustrate still further the lack of

uniformity not only in popular belief, but in the teaching provided

for the public. First from the same work of [=A]pastamba, in 2. 11.

29. 9-10 it is said that if a witness in court perjure himself he

shall be punished by the king, "and further, in passing to the next

world, hell" (is his portion); whereas "(the reward) for truth is

heaven, and praise on the part of all creatures." Now, let one compare

first _ib_. 2. 5. 11. 10-11: "Men of low castes are reborn in higher

castes in successive births, and men of high castes in low castes, if

they respectively perform and neglect their duties." And then this

Vedantic passage of the same author (1. 8. 22 ff.): "Let one (as

penance for sin) devote himself to the Yoga (mental discipline) which

has to do with the highest _[=a]tm[=a]_ ... Nothing is known higher

than the acquisition of _[=a]tm[=a]_. We shall (now) cite some

_[=a]tm[=a]_-acquisition-verses, viz.: All living creatures (are) the

citadel of him that rests in secret, the indestructible one, the

immaculate one. Immortal they that devote themselves to the moveless

one who has a movable dwelling ... the great one whose body is light,

universal, free ... the eternal (part) in all creatures, the wise,

immortal, unchanging one, limbless, voiceless, formless, touchless,

purest, the highest goal. He that everywhere devotes himself to Him

(_[=a]tm[=a]_ as Lord), and always lives accordingly; that by virtue

of Yoga recognizes Him, the subtile one, shall rejoice in the top of

heaven ... He, _[=a]tm[=a],_ comprehends all, embraces all, more

subtile than a lotus-thread and huger than the earth ... From him are

created all bodies; he is the root, he the Everlasting, the Eternal

One."

This discipline it will be observed is enjoined as penance and to get

rid of faults, that is, to subdue the passions. As the same chapter

contains a list of the faults which are to be overcome before one

"arrives at peace" (salvation) they may be cited here: "Anger, joy,

wrath, greed, distraction, injury, threats, lying, over-eating,

calumny, envy, sexual desire, and hate, lack of studying _[=a]tm[=a],_

lack of Yoga--the destruction of these (faults) is based on Yoga"

(mental concentration). On the other hand: "He that devotes himself,

in accordance with the law, to avoiding anger, joy, wrath, greed,

distraction, injury, threats, lies, over-eating, calumny and envy; and

practices liberality, renunciation, uprightness, kindness, subduing

(of the passions), self-control; and is at peace with all creatures;

and practices Yoga; and acts in an [=A]ryan (noble) way; and does not

hurt anything; and has contentment--qualities which, it is agreed,

appertain to all the (four) stadia--he becomes _s[=a]rvag[=a]min"

(ib._ 23.6), that is 'one belonging to the all-pervading' (All-soul).

There appears to be a contradiction between the former passage, where

Yoga is enjoined on ascetics alone; and this, where Yoga is part of

the discipline of all four stadia. But what was in the author's mind

was probably that all these vices and moral virtues are enumerated as

such for all; and he slips in mental concentration as a virtue for the

ascetic, meaning to include all the virtues he knows.

A few further illustrations from that special code which has won for

itself a preeminent name, 'the law-book of Manu,'[26] will give in

epitome the popular religion as taught to the masses; withal even

better than this is taught in the S[=u]tras. For Father Manu's

law-book, as the Hindus call it, is a popular Ç[=a]stra or metrical[27]

composite of law and religion, which reflects the opinion of

Brahmanism in its geographical stronghold, whereas the S[=u]tras

emanate from various localities, north and south. To Manu there is but

one Holy Land, the Kurus' plain and the region round-about it (near

Delhi).

The work takes us forward in time beyond even the latest S[=u]tras,

but the content is such as to show that formal Brahmanism in this

latest stage still keeps to its old norm and to Brahmanic models.

It deserves therefore to be examined with care from several points of

view if one would escape from the belief of the philosopher to the

more general teaching. In this popular religion all morality is

conditioned by the castes,[28] which is true also to a certain degree

of the earlier Sutras, but the evil fruit of this plant is not there

quite so ripe as it is in the later code. The enormity of all crimes

depends on who commits them, and against whom they are committed. The

three upper castes alone have religious privileges. The lowest caste,

outcasts, women, and diseased persons are not allowed to hear the holy

texts or take part in ceremonies.[29] As to the rites, they are the

inherited ones, sacrifices to gods, offerings to Manes and spirits,

and all the ceremonies of house and individual, as explained above;

with especial and very minute rules of observance for each of the four

stadia of a priest's life.[30] There is no hint in any of this of the

importance of the knowledge of the _[=a]tm[=a]._ But in their proper

place the rules of morality and the higher philosophical views are

taught. The doctrine of re-birth is formally stated, and the

attainment of the world of Brahm[=a] _(brahma)_ by union of ceremonies

and knowledge is inculcated. The ascetic should seek, by meditation,

to go to Brahm[=a] (or _brahma_) for when he is utterly indifferent,

then, both here and after death, he gains everlasting happiness.

Therefore he should study the Vedas, but especially the teachings in

regard to the Supreme Spirit, and the Upanishads; studying the

Ved[=a]nta is a regular part of his final discipline (VI, 74-94). In

another part of the work the distinction made in the Upanishads is

upheld, that religious acts are of two sorts, one designed to procure

bliss, and cause a good man to reach equality with the gods; the other

performed without selfish motive; by which latter "even the five

elements are overcome," that is, the absorption into _brahma_ is

effected. For "among all virtuous acts the knowledge of the spirit,

_[=a]tm[=a],_ is highest; through this is obtained even immortality.

One that sees spirit in all things and all things in spirit sacrifices

to spirit and enters Brahm[=a] (or _brahma_)" "The spirit (or self) is

all divinities; the All is based on spirit." And in Upanishadic vein

the Person is then proclaimed as lord of gods, whom "some call fire,

some call Manu, some call Indra, some call air, and some call eternal

_brahma._" But though this be the view of the closing verses, yet in

the beginning of the work is this Person represented as being produced

from a First Cause. It would be out of place here to analyse the

conflicting philosophical views of the Manu code. Even his

commentators are uncertain whether he belonged to the pantheistic

Ved[=a]nta or dualistic S[=a]nkhya school. For them that believe in no

Manu the solution is simpler. Although Manu is usually called a

Puranic Sankhyan, yet are both schools represented, and that without

regard to incongruous teaching. Manu is no more Sankhyan than

Vedantic. Indeed in the main part of the work the teaching is clearly

more Vedantic. But it suffices here to point out that the

_[=a]tm[=a]_-philosophy and religion is not ignored; it is taught as

essential. Nevertheless, it is not taught in such a way as to indicate

that it is requisite for the vulgar. On the contrary, it is only when

one becomes an ascetic that he is told to devote himself to the

pursuit of the knowledge of _[=a]tm[=a]_. In one passage there is

evidence that two replies were given to this fundamental question in

regard to works and knowledge. For after enumerating a list of good

acts, among which are knowledge and Vedic ceremonies, it is asked

which among them most tends to deliverance. The answer is vital. Or it

should be, but it is given in an ambiguous form (xii. 85-6): "Amid all

these acts the knowledge of self, _[=a]tm[=a],_ is the highest, for it

produces immortality. Amid all these acts the one most productive of

happiness, both after death and in this life, is the Vedic ceremony."

Knowledge gives real immortality; rites give temporary bliss. The

Upanishads teach that the latter is lower than the former, but each

answers the question. There were two answers, and Manu gives both.

That is the secret of many discrepancies in Hindu rules. The law-giver

cannot admit absolutely and once for all that the Vedic ceremony is of

no abiding use, as it can be of no use to one that accepts the higher

teaching. He keeps it as a training and allows only the ascetic to be

a philosopher indeed. But at the same time he gives as a sort of

peroration to his treatise some 'elegant extracts' from philosophical

works, which he believes theoretically, although practically he will

not allow them to influence his ritualism. He is a true Brahman

priest.

It is this that is always so annoying in Brahmanic philosophy. For the

slavery of tradition is everywhere. Not only does the ritualist, while

admitting the force of the philosopher's reasons, remain by Vedic

tradition, and in consequence refuse to supplant 'revelation' with the

higher wisdom and better religion, which he sees while he will not

follow it; but even the philosopher must needs be 'orthodox,' and,

since the scriptures themselves are self-contradictory, he is obliged

to use his energies not in discovering truth, but in reconciling his

ancestors' dogmas, in order to the creation of a philosophical system

which shall agree with everything that has been said in the Vedas and

Upanishads. When one sees what subtlety and logical acumen these

philosophers possessed, he is moved to wonder what might have been the

outcome had their minds been as free as those of more liberal Hellas.

But unfortunately they were bound to argue within limits, and were as

much handicapped in the race of thought as were they that had to

conform to the teachings of Rome. For though India had no church, it

had an inquisitorial priestly caste, and the unbeliever was an

outcast. What is said of custom is true of faith: "Let one walk in the

path of good men, the path in which his father walked, in which his

grandfathers walked; walking in that path one does no wrong" (Manu iv.

178). Real philosophy, unhampered by tradition, is found only among

the heretics and in the sects of a later time.

The gods of old are accepted by the orthodox as a matter of course,

although theoretically they are born of the All-god, who is without

the need of ceremonial rites. To the other castes the active and most

terrible deity is represented as being the priest himself. He not only

symbolizes the fire-god, to whom is offered the sacrifice, but he

actually is the divinity in person. Hence there is no greater merit

than in giving gifts to priests. As to eschatology, opinions are not

contrasted any more. They are put side by side. In morality truth,

purity, and harmlessness are chiefly inculcated. But the last

(ascribed by some scholars to Buddhistic influence) is not permitted

to interfere with animal sacrifices.

Some of the rules for the life of a householder will show in brief the

moral excellence and theoretical uncertainty of Manu's law-code. The

following extracts are from the fourth, the Ten Commandments from the

sixth, and the description of the hells (twenty-two in all)[31] from

the fourth and twelfth books of Manu's code. These rules may be

accepted as a true reflexion of what was taught to the people by

stringent Brahmanism as yet holding aloof from Hinduism.

A householder must live without giving any pain (to living creatures).

He must perform daily the ceremonies ordained in the Veda. In this way

he obtains heaven. Let him never neglect the offerings to seers, gods,

spirits (sprites), men, and Manes. Some offer sacrifice only in their

organs of sense (not in external offerings); some by knowledge alone.

Let him not explain law and rites to the Ç[=u]dra (slave) caste; if he

does so, he sinks into the hell Boundless. Let him not take presents

from an avaricious king who disobeys the law-codes; if he does so, he

goes to twenty-one hells (called Darkness, Dense-darkness, Frightful,

Hell, Thread of Death, Great Hell, Burning, Place of Spikes,

Frying-pan, River of Hell, etc., etc., etc.). Let him never despise a

warrior, a snake, or a priest. Let him never despise himself. Let him

say what is true and what is agreeable, but not disagreeable truth or

agreeable false-hood. Let him not dispute with anybody, but let him

say 'very well.' Let him not insult anybody. Remembering his former

births, and studying the Veda again and again, he gets endless

happiness. Let him avoid unbelief and censure of the Vedas, reviling

of gods, hatred, pride, anger, and cruelty. He that even threatens a

priest will go to the hell Darkness for one hundred years; if he

strikes him he will be born in twenty-one sinful rebirths (according

to another passage in the eleventh book he goes to hell for a thousand

years for the latter offence). Priests rule the world of gods. But

deceitful, hypocritical priests go to hell. Let the householder give

gifts, and he will be rewarded. One that gives a garment gets a place

in the moon; a giver of grain gets eternal happiness; a giver of the

Veda gets union with Brahm[=a] (_brahma_; these gifts, of course, are

all to priests). He that gives respectfully and he that receives

respectfully go to heaven; otherwise both go to hell. Let him, without

giving pain to any creature, slowly pile up virtue, as does an ant its

house, that he may have a companion in the next world. For after death

neither father, nor mother, nor son, nor wife, nor relations are his

companions; his virtue alone remains with him. The relations leave the

dead body, but its virtue follows the spirit: with his virtue as his

companion he will traverse the darkness that is hard to cross; and

virtue will lead him to the other world with a luminous form and

ethereal body. A priest that makes low connections is reborn as a

slave. The Father-god permits a priest to accept alms even from a bad

man. For fifteen years the Manes refuse to accept food from one that

despises a free gift. A priest that sins should be punished (that is,

mulcted, a priest may not be punished corporally), more than an

ordinary man, for the greater the wisdom the greater the offence. They

that commit the Five Great Sins live many years in hells, and

afterwards obtain vile births; the slayer of a priest becomes in turn

a dog, a pig, an ass, a camel, a cow, a goat, a sheep, etc, etc. A

priest that drinks intoxicating liquor becomes various insects, one

after another. A priest that steals becomes a spider, snake, etc, etc.

By repeating sinful acts men are reborn in painful and base births,

and are hurled about in hells; where are sword-leaved trees, etc, and

where they are eaten, burned, spitted, and boiled; and they receive

births in despicable wombs; rebirth to age, sorrow, and unquenchable

death. But to secure supreme bliss a priest must study the Veda,

practice austerity, seek knowledge, subdue the senses, abstain from

injury, and serve his Teacher. Which of these gives highest bliss? The

knowledge of the spirit is the highest and foremost, for it gives

immortality. The performance of Vedic ceremonies is the most

productive of happiness here and hereafter. The Ten Commandments for

the twice-born are: Contentment, patience, self-control, not to steal,

purity, control of passions, devotion (or wisdom), knowledge,

truthfulness, and freedom from anger. These are concisely summarized

again in the following: 'Manu declared the condensed rule of duty for

(all) the four castes to be: not to injure a living thing; to speak

the truth; not to steal; to be pure; to control the passions' (VI. 92;

X. 63). The 'non-injury' rule does not apply, of course, to sacrifice

(_ib_. III. 268). In the epic the commandments are given sometimes as

ten, sometimes as eight.

In order to give a completed exposition of Brahmanism we have passed

beyond the period of the great heresies, to which we must soon revert.

But, before leaving the present division of the subject, we select

from the mass of Brahmanic domestic rites, the details of which offer

in general little that is worth noting, two or three ceremonies which

possess a more human interest, the marriage rite, the funeral rite,

and those strange trials, known among so many other peoples, the

ordeals. We sketch these briefly, wishing merely to illustrate the

religious side of each ceremony, as it appears in one or more of its

features.

THE MARRIAGE RITE.

Traces of exogamy may be suspected in the bridegroom's driving off

with his bride, but no such custom, of course, is recognized in the

law. On the contrary, the groom is supposed to belong to the same

village, and special rites are enjoined 'if he be from another

village.' But again, in the early rule there is no trace of that taint

of family which the totem-scholars of to-day cite so loosely from

Hindu law. The girl is not precluded because she belongs to the same

family within certain degrees. The only restriction in the

House-rituals is that she shall have had "on the mother's and father's

side" wise, pious, and honorable ancestors for ten generations

([=A]çvl. I. 5). Then comes the legal restriction, which some scholars

call 'primitive,' that the wife must not be too nearly related. The

girl has her own ordeal (not generally mentioned among ordeals!): The

wooer that thus selects his bride (this he does if one has not been

found already either by his parents or by his own inclination) makes

eight balls of earth and calls on the girl to choose one ('may she get

that to which she is born'). If she select a ball made from the earth

of a field that bears two crops, she (or her child) will be rich in

grain; if from the cow-stall, rich in cattle; if from the place of

sacrifice, godly; if from a pool that does not dry, gifted; if from

the gambler's court, devoted to gambling; if from cross-roads,

unfaithful; if from a barren field, poor in grain; if from the

burying-ground, destructful of her husband. There are several forms of

making a choice, but we confine ourselves to the marriage.[32] In

village-life the bridegroom is escorted to the girl's house by young

women who tease him. The bridegroom presents presents to the bride,

and receives a cow. The bridegroom takes the bride's hand, saying 'I

take thy hand for weal' (Rig Veda, X. 85. 36), and leads her to a

certain stone, on which she steps first with the right foot (toe).

Then three times they circumambulate the fire, keeping it to the

right, an old Aryan custom for many rites, as in the _deisel_ of the

Kelts; the bride herself offering grain in the fire, and the groom

repeating more Vedic verses. They then take together the seven solemn

steps (with verses),[33] and so they are married. The groom, if of

another village, now drives away with the bride, and has ready Vedic

verses for every stage of the journey. After sun-down the groom points

out the north star, and admonishes the bride to be no less constant

and faithful. Three or twelve days they remain chaste, some say one

night; others say, only if he be from another village. The new husband

must now see to the house-fire, which he keeps ever burning, the sign

of his being a householder.

THE FUNERAL CEREMONY.

Roth has an article in the Journal of the German Oriental Society

(VIII. 467) which is at once a description of one of the funeral hymns

o£ the Rig Veda (X. 18) with the later ritual, and a criticism of the

bearing of the latter on the former.[34] He shows here that the

ritual, so far from having induced the hymn, totally changes it. The

hymn was written for a burial ceremony. The later ritual knows only

cremation. The ritual, therefore, forces the hymn into its service,

and makes it a cremation-hymn. This is a very good (though very

extreme) example of the difference in age between the early hymns of

the Rig Veda and the more modern ritual. Müller, _ib_. IX. p. I

(_sic_), has given a thorough account of the later ritual and

ritualistic paraphernalia. We confine ourselves here to the older

ceremony.

The scene of the Vedic hymn is as follows: The friends and relatives

stand about the corpse of a married man. By the side of the corpse

sits the widow. The hymn begins: "Depart, O Death, upon some other

pathway, upon thy path, which differs from the path of gods ... harm

not our children, nor our heroes.... These living ones are separated

from the dead; successful today was our call to the gods. (This man is

dead, but) _we_ go back to dancing and to laughter, extending further

our still lengthened lives." Then the priest puts a stone between the

dead and living: "I set up a wall for the living, may no one of these

come to this goal; may they live an hundred full harvests, and hide

death with this stone...."

The matrons assembled are now bid to advance without tears, and make

their offerings to the fire, while the widow is separated from the

corpse of her husband and told to enter again into the world of the

living. The priest removes the dead warrior's bow from his hand: "Let

the women, not widows, advance with the ointment and holy butter; and

without tears, happy, adorned, let them, to begin with, mount to the

altar (verse 7, p. 274, below). Raise thyself, woman, to the world of

the living; his breath is gone by whom thou liest; come hither; of the

taker of thy hand (in marriage), of thy wooer thou art become the

wife[35] (verse 8). I take the bow from the hand of the dead for our

(own) lordship, glory, and strength." Then he addresses the dead:

"Thou art there, and we are here; we will slay every foe and every

attacker (with the power got from thee). Go thou now to Mother Earth,

who is wide opened, favorable, a wool-soft maiden to the good man; may

she guard thee from the lap of destruction. Open, O earth, be not

oppressive to him; let him enter easily; may he fasten close to thee.

Cover him like a mother, who wraps her child in her garment. Roomy and

firm be the earth, supported by a thousand pillars; from this time on

thou (man) hast thy home and happiness yonder; may a sure place remain

to him forever. I make firm the earth about thee; may I not be harmed

in laying the clod here; may the fathers hold this pillar for thee,

and Yama make thee a home yonder."

In the Atharva Veda mention is made of a coffin, but none is noticed

here.

Hillebrandt (_loc. cit_. xl. 711) has made it probable that the eighth

verse belongs to a still older ritual, according to which this verse

is one for human sacrifice, which is here ignored, though the text is

kept.[36] 'Just so the later ritual keeps all this text, but twists it

into a crematory rite. For in the later period only young children are

buried. Of burial there was nothing for adults but the collection of

bones and ashes. At this time too the ritual consists of three parts,

cremation, collection of ashes, expiation. How are these to be

reconciled with this hymn? Very simply. The rite is described and

verses from the hymn are injected into it without the slightest

logical connection. That is the essence of all the Brahmanic

ritualism. The later rite is as follows: Three altars are erected,

northwest, southwest, and southeast of a mound of earth. In the fourth

corner is the corpse; at whose feet, the widow. The brother of the

dead man, or an old servant, takes the widow's hand and causes her to

rise while the priest says "Raise thyself, woman, to the world of the

living." Then follows the removal of the bow; or the breaking of it,

in the case of a slave. The body is now burned, while the priest says

"These living ones are separated from the dead"; and the mourners

depart without looking around, and must at once perform their

ablutions of lustration. After a time the collection of bones is made

with the verse "Go thou now to Mother Earth" and "Open, O earth." Dust

is flung on the bones with the words "Roomy and firm be the earth";

and the skull is laid on top with the verse "I make firm the earth

about thee." In other words the original hymn is fitted to the ritual

only by displacement of verses from their proper order and by a forced

application of the words. After all this comes the ceremony of

expiation with the use of the verse "I set up a wall" without

application of any sort. Further ceremonies, with further senseless

use of other verses, follow in course of time. These are all explained

minutely in the essay of Roth, whose clear demonstration of the

modernness of the ritual, as compared with the antiquity of the hymn

should be read complete.

The seventh verse (above) has a special literature of its own, since

the words "let them, to begin with, mount the altar," have been

changed by the advocates of _suttee_, widow-burning, to mean 'to the

place of fire'; which change, however, is quite recent. The burning of

widows begins rather late in India, and probably was confined at first

to the pet wife of royal persons. It was then claimed as an honor by

the first wife, and eventually without real authority, and in fact

against early law, became the rule and sign of a devoted wife. The

practice was abolished by the English in 1829; but, considering the

widow's present horrible existence, it is questionable whether it

would not be a mercy to her and to her family to restore the right of

dying and the hope of heaven, in the place of the living death and

actual hell on earth in which she is entombed to-day.

ORDEALS.[37]

Fire and water are the means employed in India to test guilt in the

earlier period. Then comes the oath with judgment indicated by

subsequent misfortune. All other forms of ordeals are first recognized

in late law-books. We speak first of the ordeals that have been

thought to be primitive Aryan. The Fire-ordeal: (1) Seven fig-leaves

are tied seven times upon the hands after rice has been rubbed upon

the palms; and the judge then lays a red-hot ball upon them; the

accused, or the judge himself, invoking the god (Fire) to indicate the

innocence or the guilt of the accused. The latter then walks a certain

distance, 'slowly through seven circles, each circle sixteen fingers

broad, and the space between the circles being of the same extent,'

according to some jurists; but other dimensions, and eight or nine

circles are given by other authorities. If the accused drop the ball

he must repeat the test. The burning of the hands indicates guilt. The

Teutonic laws give a different measurement, and state that the hand is

to be sealed for three days (manus sub sigillo triduum tegatur) before

inspection. This sealing for three days is paralleled by modern Indic

practice, but not by ancient law. In Greece there is the simple

[Greek: _mudrous airein cheroin_] (Ant. 264) to be compared. The

German sealing of the hand is not reported till the ninth century.[38]

(2) Walking on Fire: There is no ordeal in India to correspond to the

Teutonic walking over six, nine, or twelve hot ploughshares. To lick a

hot ploughshare, to sit on or handle hot iron, and to take a short

walk over coals is _late_ Indic. The German practice also according to

Schlagintweit "war erst in späterer Zeit aufgekommen."[39]

(3) Walking through Fire: This is a Teutonic ordeal, and (like the

conflict-ordeal) an Indic custom not formally legalized. The accused

walks directly into the fire. So [Greek: _pur dierpein] (loc. cit_.).

Water-ordeals: (1) May better be reckoned to fire-ordeals. The

innocent plunges his hand into boiling water and fetches out a stone

(Anglo-Saxon law) or a coin (Indic law) without injury to his hand.

Sometimes (in both practices) the plunge alone is demanded. The depth

to which the hand must be inserted is defined by Hindu jurists.

(2) The Floating-ordeal. The victim is cast into water. If he floats

he is guilty; if he drowns he is innocent. According to some Indic

authorities an arrow is shot off at the moment the accused is dropped

into the water, and a 'swift runner' goes after and fetches it back.

"If at his return he find the body of the accused still under water,

the latter shall be declared to be innocent."[40] According to Kaegi

this ordeal would appear to be unknown in Europe before the ninth

century. In both countries Water (in India, Varuna) is invoked not to

keep the body of a guilty man but to reject it (make it float).

Food-ordeal: Some Hindu law-books prescribe that in the case of

suspected theft the accused shall eat consecrated rice. If the gums be

not hurt, no blood appear on spitting, and the man do not tremble, he

will be innocent. This is also a Teutonic test, but it is to be

observed that the older laws in India do not mention it.

On the basis of these examples (not chosen in historical sequence)

Kaegi has concluded, while admitting that ordeals with a general

similarity to these have arisen quite apart from Aryan influence, that

there is here a bit of primitive Aryan law; and that even the minutiae

of the various trials described above are _un_-Aryan. This we do

not believe. But before stating our objections we must mention another

ordeal.

The Oath: While fire and water are the usual means of testing crime in

India, a simple oath is also permitted, which may involve either the

accused alone or his whole family. If misfortune, within a certain

time (at once, in seven days, in a fortnight, or even half a year)

happen to the one that has sworn, he will be guilty. This oath-test is

also employed in the case of witnesses at court, perjury being

indicated by the subsequent misfortune (Manu, viii. 108).[41]

Our objections to seeing primitive Aryan law in the minutiae of

ordeals is based on the gradual evolution of these ordeals and of

their minutiae in India itself. The earlier law of the S[=u]tras

barely mentions ordeals; the first 'tradition law' of Manu has only

fire, water, and the oath. All others, and all special descriptions

and restrictions, are mentioned in later books alone. Moreover, the

earliest (pre-legal) notice of ordeals in India describes the carrying

of hot iron (in the test of theft) as simply "bearing a hot axe,"

while still earlier there is only walking through fire.[42]

To the tests by oath, fire, and water of the code of Manu are soon

added in later law those of consecrated water, poison, and the

balance. Restrictions increase and new trials are described as one

descends the series of law-books (the consecrated food, the hot-water

test, the licking of the ploughshare, and the lot), Some of these

later forms have already been described. The further later tests we

will now sketch briefly.

Poison: The earliest poison-test, in the code of Y[=a]jñavalkya (the

next after Manu), is an application of aconite-root, and as the poison

is very deadly, the accused is pretty sure to die. Other laws give

other poisons and very minute restrictions, tending to ease the

severity of the trial.

The Balance-test: This is the opposite of the floating-test. The

man[43] stands in one scale and is placed in equilibrium with a weight

of stone in the other scale. He then gets out and prays, and gets in

again. If the balance sinks, he is guilty; if it rises, he is

innocent.

The Lot-ordeal: This consists in drawing out of a vessel one of two

lots, equivalent respectively to _dharma_ and _adharma_, right and

wrong. Although Tacitus mentions the same ordeal among the Germans, it

is not early Indic law, not being known to any of the ancient legal

codes.

One may claim without proof or disproof that these are all 'primitive

Aryan'; but to us it appears most probable that only the idea of the

ordeal, or at most its application in the simplest forms of water and

fire (and perhaps oath) is primitive Aryan, and that all else

(including ordeal by conflict) is of secondary growth among the

different nations.

As an offset to the later Indic tendency to lighten the severity of

the ordeal may be mentioned the description of the floating-test as

seen by a Chinese traveller in India in the seventh century A.D.:[44]

"The accused is put into a sack and a stone is put into another sack.

The two sacks are connected by a cord and flung into deep water. If

the sack with the man sinks and the sack with the stone floats the

accused is declared to be innocent."

* * * * *

FOOTNOTES:

[Footnote 1: Literally, transmigration, the doctrine of

metempsychosis, successive births; first, as in Plato:

[Greek: _metabolê tis tugchanei ousa kai metoikêois tê

psuchê ton topon tou enthende eis allon tochon_], then

_metabole_, from 'the other place,' back to earth; then,

with advancing speculation, fresh _metabole_ again, and so

on; a theory more or less clumsily united with the

bell-doctrine.]

[Footnote 2: Weber has lately published two monographs on

the sacrifices, the R[=a]jas[=u]ya and the V[=a]japeya

rites, both full of interesting details and popular

features.]

[Footnote 3: The traditional sacrifices are twenty-one in

number, divided into three classes of seven each. The formal

divisions are (1) oblations of butter, milk, corn, etc.; (2)

_soma_ sacrifices; (3) animal sacrifices, regarded as part

of the first two. The sacrifice of the new and full moon is

to be repeated on each occasion for thirty years. A

_sattra_, session, is a long sacrifice which may last a year

or more.]

[Footnote 4: The latter are the metrical codes, a part of

Smriti (sm[r.]ti).]

[Footnote 5: The Five Paramount Sacrifices (Observances)

are, according to Manu III. 70, study of the Veda (or

teaching it); sacrifice to the Manes and to the gods;

offerings of foods to ghosts (or spirits); and hospitality.]

[Footnote 6: In the report of the Or. Congress for 1880, p.

158 ff., Williams has a very interesting account of the

daily rites of the modern orthodox Hindu ('_Rig Veda in

Religious Service_').]

[Footnote 7: We ignore here the later distinction between

the Ved[=a]nta and S[=a]nkhya systems. Properly speaking,

the latter is dualistic.]

[Footnote 8: At a later date Buddha himself is admitted into

the Brahmanic pantheon as an _avatar_ of the All-god!]

[Footnote 9: Sometimes regarded as one with Praj[=a]pati,

and sometimes treated as distinct from him.]

[Footnote 10: Thus (for the priestly ascetic alone) in M.

vi. 79: 'Leaving his good deeds to his loved ones and his

evil deeds to his enemies, by force of meditation he goes to

the eternal _brahma_.' Here _brahma_; but in Gautama perhaps

Brahm[=a].]

[Footnote 11: That is, when the latter are grouped as in the

following list. Our point is that, despite new faith and new

gods, Vedic polytheism is taught not as a form but as a

reality, and that in this period the people still believe as

of old in the old gods, though they also acknowledge new

ones (below).]

[Footnote 12: Compare Manu, ix. 245: "Varuna is the lord of

punishment and holdeth a sceptre (punishment) even over

kings."]

[Footnote 13: In new rites, for instance. Thus in P[=a]rask.

_Grih. S_. 3. 7 a silly and dirty rite 'prevents a slave

from running away'; and there is an ordeal for girls before

becoming engaged (below).]

[Footnote 14: Blood is poured out to the demons in order

that they may take this and no other part of the sacrifice,

_[=A]it. Br_. ii. 7. 1.]

[Footnote 15: Here. 4. 8. 19, Çiva's names are Hara, Mrida,

Çarva, Çiva, Bhava, Mah[=a]deva, Ugra, Bhima, Paçupati,

Rudra, Çankara, Içana.]

[Footnote 16: These rites are described in 6. 4. 24 of the

_Brihad [=A]ranyaka Upanishad_ which consists both of

metaphysics and of ceremonial rules.]

[Footnote 17: Especially mentioned in the later Vasistha

(see below); on _m[=i]m[=a]ms[=a]_ a branch of the

Ved[=a]nta system see below.]

[Footnote 18: The commentator here (19. 12, cited by Bühler)

defines Ved[=a]nta as the part of the [=A]ranyakas which are

not Upanishads, that is, apparently as a local 'Veda-end'

(_veda-anta_), though this meaning is not admitted by some

scholars, who will see in _anta_ only the meaning 'goal,

aim.']

[Footnote 19: The Rudra (Çiva) invocation at 26. 12 ff. is

interpolated, according to Bühler.]

[Footnote 20: Here there is plainly an allusion to the two

states of felicity of the Upanishads. Whether the law-giver

believes that the spirit will be united with Brahm[=a] or

simply live in his heaven he does not say.]

[Footnote 21: Gautama, too, is probably a Northerner. The

S[=u]tra, it should be observed, are not so individual as

would be implied by the name of the teachers to whom they

are credited. They were each texts of a school, _carana_,

but they are attributed uniformly to a special teacher, who

represents the _cara[n.]a_, as has been shown by Müller. For

what is known in regard to the early 'S[=u]tra-makers' see

Bühler's introductions to volumes ii. and xiv. of the Sacred

Books.]

[Footnote 22: Compare Bühler's Introduction, p. XXXV, SBE.

vol. XIV.]

[Footnote 23: B[=a]udh. II. 18. 2-3. Compare Jacobi's

Introduction, p. XXIII ff. of SBE. vol. XXII.]

[Footnote 24: Bühler (Introduction, p. XXXI) gives as the

district of the [=A]pastamb[=i]ya school parts of the Bombay

Presidency, the greater parts of the Niz[=a]m's possessions,

and parts of the Madras Presidency. Apastamba himself refers

to Northerners as if they were foreigners (_loc. cit.)_.]

[Footnote 25: In India the latter question is: does the soul

immediately at death unite with the _[=a]tm[=a]_ or does it

travel to it. In Europe: does the soul wait for the Last

Day, or get to heaven immediately? Compare Maine, _Early Law

and Custom_, p. 71.]

[Footnote 26: Thought by some scholars to have been

developed out of the code of The M[=a]navas; but ascribed by

the Hindus to Father Manu, as are many other verses of legal

character contained in the epic and elsewhere.]

[Footnote 27: Although S[=u]tras may be metrical too in

part, yet is the complete metrical form, as in the case of

still later Ç[=a]stra, evidence that the work is intended

for the general public.]

[Footnote 28: The priest alone, in the post-Vedic age, has

the right to teach the sacred texts; he has immunity from

bodily punishment; the right to receive gifts, and other

special privileges. The three upper castes have each the

right and duty of studying the sacred texts for a number of

years.]

[Footnote 29: Weber has shown, _loc. cit_., that the

Ç[=u]dras did attend some of the more popular ceremonies,

and at first apparently even took a part in them.]

[Footnote 30: The 'four orders' or stadia of a priest's

life, student, householder, hermit, ascetic, must not be

confused with the 'four (political) orders' (castes),

priest, warrior, farmer, slave--to which, from time to time,

were added many 'mixed castes,' as well as 'outcasts,' and

natural pariahs. At the time of Manu's code there were

already many of these half-assimilated groups.]

[Footnote 31: Theoretically, twenty-one; but an extra one

has slipped in by mistake.]

[Footnote 32: The girl is given or bought, or may make her

own choice among different suitors. Buying a wife is

reprehended by the early law-givers (therefore, customary).

The rite of marriage presupposes a grown girl, but

child-marriages also were known to the early law.]

[Footnote 33: The groom 'releases her from Varuna's fetter,'

by symbolically loosening the hair. They step northeast, and

he says: 'One step for sap; two for strength; three for

riches; four for luck; five for children; six for the

seasons; seven for friendship. Be true to me--may we have

many long-lived sons.']

[Footnote 34: There is another funeral hymn, X. 16, in which

the Fire is invoked to burn the dead, and bear him to the

fathers; his corporeal parts being distributed 'eye to the

sun, breath to the wind,' etc.]

[Footnote 35: See below.]

[Footnote 36: Compare Weber, _Streifen_, I. 66; The king's

first wife lies with a dead victim, and is bid to come back

again to life. Levirate marriage is known to all the codes,

but it is reprehended by the same code that enjoins it. (M.

ix. 65.)]

[Footnote 37: The ordeal is called _divyam_

(_pram[=a][n.]am_) 'Gottesurtheil.' This means of

information is employed especially in a disputed debt and

deposit, and according to the formal code is to be applied

only in the absence of witnesses. The code also restricts

the use of fire, water, and poison to the slaves (Y[=a]j.

ii. 98).]

[Footnote 38: Kaegi. _Alter und Herkunft des Germanischen

Gottesurtheils_, p. 50. We call especial attention to the

fact that the most striking coincidences in details of

practice are not early either in India or Germany.]

[Footnote 39: Schlagintweit, _Die Gattesurtheile der

Indier_, p. 24.]

[Footnote 40: This is the earliest formula. Later law-books

describe the length and strength of the bow, and some even

give the measure of distance to which the arrow must be

shot. Two runners, one to go and one to return, are

sometimes allowed. There is another water-ordeal "for

religious men." The accused is to drink consecrated water.

If in fourteen (or more or less) days no calamity happen to

him he will be innocent. The same test is made in the case

of the oath and of poison (below).]

[Footnote 41: In the case of witnesses Manu gives seven days

as the limit. When one adopts the oath as an ordeal the

misfortune of the guilty is supposed to come 'quickly.' As

an ordeal this is not found in the later law. It is one of

the Greek tests (_loc. cit_.). When swearing the Hindu holds

water or holy-grass.]

[Footnote 42: AV. ii. 12 is not a certain case of this, but

it is at least Brahmanic. The carrying of the axe is alluded

to in the Ch[=a]ndogya Upanishad (Schlagintweit, _Die

Gattesurtheile der Indier_, p. 6).]

[Footnote 43: Y[=a]jñavalkya (_loc. cit_.) restricts this

test to women, children, priests, the old, blind, lame, and

sick. On _ph[=a]la_ for _agni, ib._ ii. 99, see ZDMG. ix.

677.]

[Footnote 44: Schlagintweit, _loc. cit_. p. 26 (Hiouen

Thsang).]

* * * * *

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