Chap. III.] HINDOO GOVERNMENT. 105
more particularity than delicacy. One thing deserving of notice is the import- a.d.
ance attached to what are called "overt acts of adulterous inclinations," such as talking with the wife of another man " at a place of pilgrimage, in a forest, or Adultery. a grove, or at the confluence of rivers;" sending her "flowers or perfumes;" sporting and jesting with her; touching "her apparel and ornaments;" and sitting " with her on the same couch." In all such cases a fine is exigible. A very proper distinction, however, is made. If a man before noted for adultery "converses in secret with the wife of another," his guilt is presumed and he incurs the penalty ; but " a man, not before noted, who thus converses with her for some reasonable cause, shall pay no fine, since in him there is no transgres- sion. In like manner it is intimated that husbands have themselves to blame if their wives are not "most especially guarded;" and that therefore the laws against adultery "relate not to the wives of public dancers and singers, or of such base men as live by intrigues of their wives ; men who either carry women to others, or lying concealed at home, permit them to hold a culpable intercoui'se." The actual commission of the crime is punished with little regard to equity, the punishment being generally light in proportion to the rank of the male, and rigorous in proportion to the rank of the female offender. Hence a Brahmin, even for forcing a guarded woman, incurs only a fine, and at the very worst is subjected to "ignominious tonsure;" whereas, "should a wife, proud of her family, and the great qualities of her kinsmen, actually violate the duty which she owes to her lord," her sentence is "to be devoured by dogs in a place much frequented ;" and that of her paramour to be placed " on an iron bed well heated, under which the executioners shall throw logs continually till the sinful wretch be there burned." When the crime is committed under similar circum- stances by a soldier or a merchant, the form of the punishment is slightly varied, and the adulterer is " burned in a fire of dry grass or reeds." After treating of the subject of "gaming either with inanimate or animated things, and recommending the king to exclude it wholly from his realm, because "both those modes of play cause destruction to princes," and to " punish cor- porally at discretion both the gamester and the keeper of a gaming-house," the code enumerates various crimes not included under the previous titles, and specifies their punishments. Ministers " who are employed in public affairs, and, inflamed by the blaze of wealth, mar the business of any party con- cerned," are to be stripped of all their property. Such as "forge royal edicts, cause dissensions among the great ministers," or join the king's enemies, are to be put to death. Whatever business "has at any time been transacted according to law" is to be considered as "finally settled," and the king should refuse to re-open it ; but when his ministers or a judge have acted illegally it is his duty to re-examine the case, and fine them for their misconduct.
For the purpose of detecting crime, and bringing offenders to justice, a
system of internal police must be established. In all communities there are
Vol. II. 103
