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OCTOBER, 1881.]
BOOK NOTICES.
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thorough integrity of Apastamba's law-book is Dr. Bühler's personal observation, from inscripproved equally by its language and by its contents. tions, from later literature, and from Apastamba's There is about it a unity of plan and character, own remarks; and a consideration of the archaisms and at the same time a fresh individuality, vainly preserved in his language. Many other subjects sought for in other law-books. The inconsistencies of importance are treated incidentally in the so frequently met with in the code of Manu and Introduction, e. g. the geographical distribution other metrical Smritis are mostly due to the fact of the Vedas and Vedic schools over India; the that they were compiled at a time when both the early history of the Purdnas, the age of Brâbcustoms and practices of the earliest period of manical civilisation in South India, the law of Indian history and the criticisms passed on them primogeniture, custom of Niyoga, and other points in a later and more advanced period, had been connected with the law of inheritance, &c. invested alike with a character of sacredness. The The Dharmaldstra attributed to Gautama, the author of the Dharmasutra under notice does not second work translated in the volume under notice, claim for his own composition the character of an unlike Apastamba's Dharmasútra, has not come inspired work, but neither does he consider him- down to the present time as an integral part of a self bound to declare his implicit adherence to the body of Vedic Sútras; but, as in the case of the doctrines and practices of a former age. On the Vishnu and Vasishtha Smritis, its original concontrary, he condemns the ancient practice of the nexion with a Vedic school may be proved by appointment (Niyoga) of childless widows for internal and circumstantial evidence. Gautama's the purpose of obtaining issue for their deceased work is considerably shorter than Apastamba's, husbands, and the custom of recognizing as legi- and far legs rich than the latter in rules not found timate substitutes for a son of the body even the elsewhere; the interesting rule (III., 13) that a illegitimate sons of wives and daughters, and song wandering ascetic must not change his residence acquired by purchase. Åpastamba goes the during the rainy season, is common to Gautama length of taxing the ancient sages with transgres. and Baudhayana. It shows, as has been pointed sion of the law and violence, and of asserting that out by Dr. Bühler, that the Buddhist and Jain their deeds, though attended byno evil consequences Vasso, or residence in monasteries during the for themselves," on account of the greatness of rainy reason, must have been derived from a their lustre," must not by any means be imitated Brahmaņical source. The chief importance of the in the present age of the world.
Gautama Smriti consists in the fact that, judging The fact that Apastamba styles himself a child from quotations and references, it must be older of the present age of sin (Kali Yuga), which is than any other of the now existing Dharmaseparated by a wide gulf from the happy times in sútras. The claims to a considerable antiquity which the Rishi authors of the Vedas were which may thus be raised in behalf of Gautama's born, might be considered as indicative of a mo- law-book, might be strengthened by referring to dern date for its composition. But the mass of the style of his work, which is entirely in prose, to evidence collected by Dr. Bühler in his able Intro- the characteristic repetition of the last word of duction points in the opposite direction, and each chapter, to the absence of any allusion to the renders it highly probable that the aphorisms art of writing, whether in the law of evidence or ascribed to Apastamba were composed as far back elsewhere, to the view he takes of Sulka, as being as the fourth or fifth century B. C. in the Andhra the price paid for the bride to her family, whereas country in South India (between the Godêvarf and other Smritis mention it as a gratification given to Krishnå rivers). In trying to state briefly the the bride by the bridegroom, &c. It is however arguments which have led to this result, we should doubtful whether evidence of this description hardly be able to do justice to Dr. Bühler's care- affords a safe basis for a plausible conjecture refully balanced remarks on such a delicate subject garding the date of the Gautama Smriti, and as the determination of the date of a Smriti must Dr. Bühler has perhaps adopted the best course needs be. It may not be out of place, however, in confining his remarks on the age of that work to to mention some of the leading features of his the elucidation of its relative antiquity, as comargument, viz., an inquiry into the relation of Åpas- pared with the Dharmasútras of Åpastamba, tamba's Dharmasútra to the other works attributed Baudhåyana and Vasishtha, and to an inquiry to the same author, and of the Apastamba school into the comparatively slight changes which, along to the other schools studying the Black Yajurveda; with the modernisation of its language, the conan examination of the quotations from, and re- tents of the Gautama Smriti appear to have underferences to, Vedic and post-Vedic works to be met | gone at the time of its conversion into a law-book. with in the Dharmasútra ; the present and former A comparison of Dr. Bühler's translations of seats of the Apastambas, as deducible from Sanskřit law terms with the English equivalents
