Every class is divided into families, some of whom are
more distinguished and more honorable than others; and they all have
rights, privileges, and immunities belonging to them. Even in cases of
conquest, no confiscation is to take place. A Brahmin's estate comes by
descent to him; it is forever descendible to his heirs, if he has heirs;
and if he has none, it belongs to his disciples, and those connected
with him in the Brahminical caste. There are other immunities declared
to belong to this caste, in direct contradiction to what has been
asserted by the prisoner. In no case shall a Brahmin suffer death; in no
case shall the property of a Brahmin, male or female, be confiscated for
crime, or escheat for want of heirs. The law then goes on to other
castes, and gives to each its property, and distinguishes them with
great accuracy of discrimination.
Mr. Hastings says that there is no inheritable property among them. Now
you have only to look at page 27, chapter the second, the title of
which, is, _Of the Division of Inheritable Property_. There, after going
through all the nicety of pedigree, it is declared, that, "when a
father, or grandfather, a great-grandfather, or any relations of that
nature, decease, or lose their caste, or renounce the world, or are
desirous to give up their property, their sons, grandsons,
great-grandsons, and other natural heirs, may divide and assume their
glebe-lands, orchards, jewels, corals, clothes, furniture, cattle, and
birds, and all the estate, real and personal.
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