mended by no ordinary inducements ; knowing, and feeling, as we ouo-ht,
how much the prefervation of what we have obtained depends upon°the
proper ufe of our power; and upon the right application of thofe means
winch Providence has placed in our hands for continuing, and perhaps
mcreafing, the happinefs of a large portion of the human race.
T he permanency of any foreign dominion (and indeed, the juftifica-
tion of holding fuch a dominion) requires that a ftriCt attention be paid
to the eafe and advantage, not only of the governors, but o f the governed;
and to this great end nothing can fo effectually contribute as preferving
to the latter their ancient eftablifhed practices, civil and religious, and
protecting- them in the exercife of their own inftitutes ; for however de-
feChye or abfurd thefe may in . many inftances appear, ftill they muft be
infinitely more acceptable than any which we could offer; fince they are
fupported by the accumulated prejudice o f ages, and, in the opinion of
their followers, derive their origin from the Divinity himfelf.
This falutary maxim was wifely adopted by the fervants o f the
E ast India Company on the firft acquifition of our B E N G A L territories
; and to a fteady adherence to it much o f the prefent flourifhing
hate of thofe provinces muft be attributed.
T he judicial regulations both of tht Hindoos and the Mobcirimieduiis are,
in faCt, fo intimately blended with their religion, that any attempts to
change the former would be felt by them as a violation of the latter; and
Ihould the wifdom of the Britifh legiflature ever fuggeft the expediency of
introducing an uniform lyftem of jurifprudence among them, it will,
at the fame time, dictate the neceflity of preferving facred and unaffected
an infinite number of ufages, effential to the eafe and happinefs
of a people differing from us as widely in cuftoms, manners, and
habits of thinking, as in climate, complexion, or language__Towards
the accomplifhment of fuch an important lyftem,- every effort which
may tend to develope their L aws is undoubtedly a ftep, and therefore
parries with it its own recommendation.— It was this more remote confideration,
fideration, as well as the immediate advantages to be derived from it,
which dictated the compilation of the Hindoo Code : and it was the
fame motive which gave rife to the prefent publication.
Many centuries have elapfed fince the Mujfulman conquerors o f IN D IA
-eftablilhed in it, together with their religion, and general maxims o f
government, the practice of their courts o f juftice.—From that period the
Mussulman C ode has been the ftandard o f judicial determination throughout
thofe countries of India which were fubjugated by the Mohammedan
princes, and haye fince remained under their dominion. In one particular,
indeed, the conduCt of the conquerors materially differed from what
has been generally confidered in Europe (how unjuftly will appear from
many paffages in this work) as an invariable principle o f all Mujfulman
governments; namely, a rigid and undeviating adherence to their own
l aw , not only with refpeCt to themfelves, but alfo with refpeCt to all
who were fubjeCt to their dominion.— In ail fpiritual matters, thofe who
fubmitted were allowed to follow the dictates, of their own faith, and
were even protected in points of which, with refpeCt to a Mujfulman, the
law would take no cognizance.— In other particulars, indeed, o f a temporal
nature, they were confidered as having bound themfelves to pay
obedience to the ordinances of the law , and were o f courfe conftrained
-to fubmit to its decrees.— Hence the Hindoos enjoyed, under the Mujfulman
government, a complete indulgence with regard to. the rites and ceremonies
of their religion, as well as with refpeCt to the various privileges
and immunities, perfonal and collateral, involved in that lingular compound
o f allegory and fuperftition.— In matters o f property, on the contrary,
and in all other temporal concerns, (but more efpecially in the
criminal jurifdiCtion,) the Mujfulman law gave the rule of decifion, excepting
where both parties were Hindoos, in which cafe the point
was referred to the judgment of the Pundits, or Hindoo Lawyers.— It is
true, this ftatement rather accords with the Jpirit of the Mohammedan
laws, than with the practice of them ; for it too frequently happened
that little regard was paid either to judicial ordinance or natural equity.
— Where avarice and bigotry are united with defpotic power, fuch a
3 2 combination