Vivada Chintamani of Vachaspati Misra- A Commentary on The Hindu Law with a Detailed Introductory Preface (An Old and Rare Book)

Email

Whatsapp

Facebook

Pinterest

Twitter

Copy link

THE learned Hindoo as well as the Anglo-Oriental Scholar is aware that, under peculiar circumstances, the people of India were induced to withdraw the legislative power from the hands of the executive authorities and entrust it exclusively to the holy sages. In offering to the public a translation of a work on Hindoo law, of some repute, it seems to be necessary to notice the state of the primitive law, and to show how at various times it underwent alterations at the hands of different compilers and commentators, till it has been reduced into the forms of what are termed the five distinct schools, prevailing in our days, wherein its provisions have been made locally applicable, and, as it were, peculiarly obligatory on the inhabitants of the provinces subject to their respective jurisdictions.

Rajah Rammohun Roy, whose information, talents, and judgment have secured the highest veneration for his name, and whose memory must for ever be connected with the progress of improvement in India, has thus described the causes of this remarkable revolution. At an early stage of civilisation, after the distinction of castes had been introduced among the inhabitants of Hindostan, the second class (the Kshatryas) were appointed to govern and defend the country. But, in consequence of the adoption of arbitrary measures, addiction to despotic practices, and abuse of primitive law, the other classes revolted against the tyranny, and, under the command of the celebrated Parasurama, the son of Jamadagni, and the grandson of Bhrigu, the promulgator of the Institutes of Menu, defeated the royalists in several battles, and put to death with signal crucity almost all the males of the tribe. It was then resolved that the legislative authority should in future be confined to the first class, (the Brahmans.) who were, under no pretence, to take any share in the government of the State or the management of the revenues, while the second tribe (the Rajpoots) should exercise the executive authority. Under this system, India enjoyed peace, harmony, and good-order, for many centuries. The sages of the sacred tribe, having no expectation or desire of holding public offices or possessing any political power, devoted themselves to literary and scientific pursuits, practised religious atisterities, and lived in honorable poverty, safe from the agitations produced by the desire of riches and the intrigues and contests for power and ascendency. Freely associating with all the other tribes, they were able to understand the feelings and sentiments of the community, and to appreciate the justice of their complaints, and thereby to establish such laws as were required, and correct, as their labors proceeded, the abuses that had been created by the second tribe.