to the inhabitants of districts under their authority, are liable to eighty blows for each offence.

Any person damaging the embankments of the rivers (although no mischief ensue) maintained at the expense of government, is punishable with 100 blows; if the embankments are kept up at private expense, eighty blows. If the waters overflow in consequence of such damage, and an inundation take place destructive of property, the amount of damage is to be estimated and the offender is punished in proportion, according to the law concerning pecuniary malversation. The punishment is enhanced if the motive be revenge, and if the death of an individual is the consequence. Neglect of embankments, whereby damage of property is sustained, whether they be public or private, is punishable by blows.

Encroachments upon public highways or thoroughfares are punishable with six ty blows, and the ground is to be restored to its former state.

Governors of cities, their assessors and deputies, are entrusted with the care and preservation of all bridges, roads, and highways; and there is directed to be a special examination of the same yearly, in order to ascertain that they are in a firm and complete condition, the roads solid and even ; and when the regular communication is interrupted by reason of the want of necessary repairs, the responsible magistrate is liable to thirty blows.

We have now brought to a conclusion our analysis of this very peculiar code, in the execution of which object, we have been much more exact and minute than would have been necessary in an exposition of any European code, founded upon those principles of jurisprudence common to all the nations of the west, and traceable to the Roman and Canon law, which contain the germ even of our own. The Chinese system is, like the rest of their national institutions, perfectly peculiar. The basis is the patriarchal theory of government, and we have seen, in the course of our analysis, the eccentricities to which that theory has led the Chinese legisla

tors.

A striking feature of the Chinese code is the apparent want of distinction between the civil and criminal branches, by the visitation of every sort of malfaisance with the bamboo, or banishment. The distinction is, indeed, affected, but it is purely an imaginary one, there being scarcely any species of injury which, in England, would be held of a civil nature, not treated in China as a public wrong, and expiated by corporal punish

ment.

The learned translator of the code suggests, indeed, that, in practice, the whipping and bambooing, are not so universal as would be imagined; but travellers in China have remarked the frequency of these degrading inflictions, and the gravity with which men of rank, when they incur the bamboo, lie down and receive the application at the command of their superior in rank, who, in his turn, may be the victim of a similar infliction at the behest of one of still higher dignity.

One advantage, at least, attends this summary mode of dealing with wrongs, namely, the absence of imprisonment, as a mode of punishment,

which, in China especially, might lead to multiplied oppressions. We have seen that an insolvent debtor is whitewashed in China by means of that convenient viaticum, the bamboo.

At the same time, its general application, as a corrective, to all classes of misdemeanours, from some species of treason, to infusing, by inadvertence, an unusual ingredient in a dish of food for the emperor, or bringing it in a dish not quite clean, tends to confound in the mind the essential distinction between positive and conventional crimes.

The care and concern which the law discovers in whatever regards the sovereign, though ascribable to the fundamental principle of the code,-the emperor being regarded as "the father of his people," lay the foundation of the real despotism which exists in China, in spite of the humane, liberal, and equal laws, which are to be found in the code.

To a student of the manners and character of the Chinese, this code affords a very useful depository of authentic facts. There is probably no nation in existence whose character may be more successfully studied than the Chinese through the media of their very peculiar laws and their equally peculiar language.

MALAY HISTORY.

Mr. Dalton, in his account of Coti (Borneo), in the Singapore Chronicle, says:-"Many writers on various parts of the Malayan peninsula and Archipelago have commenced their works by informing us that in most places are to be seen Hindoo temples and pagodas similar to those on the continent of India, and naturally enough infer that at some remote period those countries must have been inhabited by Hindoo and Gentoo worshippers; they then attempt to trace the history of them, which they do by making enquiries on the spot, receiving for truth whatever may be told them by sultans and rajahs, few of whom can shew a connected written history of their country for the last one hundred and fifty years, or even half of that time. Twenty can be named, each contending for the prior claim of antiquity, and amongst others the illustrious sultan of Coti, Mahummud Sali Hooden, in whose bamboo capital I am now writing. As I believe the genealogical tree of the Coti sultan to be as well grafted as most of them, I will transcribe the account of it written in the Koran of the Kraja of Tongarron :

Soon after the great prophet Mahomet ascended into heaven from Mecca, his second and favourite brother, whose name was likewise Mahomet, dreamed that the prophet appeared to him in the shape of a comet, inviting him forth to preach the true doctrine; be accordingly arose and embarked on board a ship with some chosen followers. They had no occasion for compass or sails, as the comet kept before the vessel, and the wind favoured them. After being on the ocean one year, during which period no land was seen, a country was descried in the west, over which the comet remained stationary; this was Coti. Mahomet landed at a place now called Cinculeram, when he fell asleep, and his brother again appeared before him, standing upon the mountain Baley Papang; with a loud voice he ordered a kingdom to be founded, and a capital built which should be considered second only to Mecca. The prophet disappeared after leaving the Koran written by a celestial hand. On awaking, Mahomet found himself in another part of the country, where he built the capital, calling it Tongarron, after the name of the ship which brought them safe. Here it was the Koran was first opened by Mabuminud Sali Hooden, the first Sultan, who, after reigning forty-seven years, was taken up to heaven in a flash of lightning."

SKETCH OF THE HISTORY OF GEORGIA.

BY THE GEORGIAN PRINCE ROYAL VAKHTANG.

TRANSLATED BY M. KLAPROTH.

THE annals of Georgia recognize as the original ancestor of the Georgians, a certain Karthlos, who gave his name to the country; Georgia being called in the native tongue Karthli. This is not the place for a full explanation of this denomination: it appears probable that Karthlos was the chief and legislator of the Georgians, not the original ancestor. However the fact might be, Karthlos belongs to that scanty band of great men of antiquity, who created, as it were, a whole people. He did not bear the title of king, but he was not therefore the less esteemed and honoured by his countrymen, on account of his talents and virtues. From him the Georgians acquired the knowledge of the true God, whom all his children sincerely adored, although they manifested almost an equal degree of devotion at the tomb of Karthlos, insomuch that to swear by his shade was their most binding oath. Even at the present day, the people of Georgia are accustomed to swear by the manes of their departed parents.

Conformably to the wise institutions introduced by Karthlos, and whilst their country enjoyed profound tranquillity, the Georgians devoted themselves with ardour to agriculture, and reaped the fruits of their pleasing and profitable occupation. They obeyed the inspirations of their conscience alone, and the impulses of their then uncontaminated minds. They were happy, and could appreciate their felicity; they treated each other as brothers, and religiously respected the sacred laws of gratitude and friendship, as well as those of marriage, which Karthlos had introduced among them. In this manner they lived for centuries, in uninterrupted prosperity, the result of their unspotted manners and their excellent conduct; but, at length, they were incapable of avoiding a change of destiny, and became the victims of the weakness of human nature. Hence the worship of the one true God gave place in their minds to the love of idolatry. They began to adore the sun, the moon, and the stars, and became the prey of those very nations from which they had imbibed their superstitions. Woe to the people who withdraw themselves from the path which Providence has prescribed to them!

Some centuries after, Alexander the Macedonian, in his war against the Persians, arrived in Georgia; he conquered the country, exterminated all the foreign tribes who were established there, and required his new subjects to worship the true God, and merely to venerate the sun, moon, and other luminaries of heaven. After making these arrangements, he quitted the country, leaving a governor named Azon, with a small number of troops. This military chieftain soon violated the orders of his sovereign, by erecting two idols, named Hatzi and Haïm, and compelling the Georgians to worship them. This is the fate of nations whose virtues are destroyed by the vices of their neighbours.

At this period, Parnavaz, one of the descendants of Karthlos, and who had hitherto been concealed in Persia, arrived secretly in Georgia. It

is said that, by the mother's side, he was related to Darius Codomanus. He took up his residence, along with his mother and sisters, at Mtskhetha. Here he remained long unknown, for the lustre of his birth would have attracted the notice of every Georgian; and probably his poverty would not have protected him from the persecution of Azon, but for peculiarly fortunate circumstances. Parnavaz being almost entirely occupied in the chace, discovered a treasure concealed in the vicinity of the spot where Tiflis is now situated. The possession of wealth being now superadded to the consciousness of noble birth, ambitious hopes were awakened in his soul. He knew that Georgia belonged to him of right, as the descendant of Karthlos, who had bequeathed the government of the country to his family. Full of these thoughts, Parnavaz proceeded to Mingrelia. Kooji then reigned over the mountaineers adjoining that province. Parnavaz sought him, communicated to him his designs, formed a family alliance with him by giving him his youngest sister in marriage, and obtained from him a body of troops, which he daily augmented by means of the discovered treasure. At the head of this army he returned to his native country, vanquished Azon, and reigned in Georgia with the title of king, hitherto unknown there.

Having completely succeeded in his views, Parnavaz devoted his whole attention to ameliorating the condition of his subjects, and promoting their prosperity and glory. Attributing the success of his arms to the succour of the gods whom, as a pagan, he adored, he considered himself bound in duty to evince his gratitude by setting up their images richly decorated, and by a new mode of performing the divine rites. He was also the founder of the higher and lower nobility in Georgia, divided into princely families, and those of simple gentlemen. Such of the descendants of Karthlos as possessed in fee simple some town or fortress, with a considerable number of serfs, and who had rendered distinguished services to their country, were entitled princes. The gentlemen consisted of the less powerful proprietors, who possessed some large village or strong castle. Without these qualifications, no one could take the title of prince or gentleman.

men.

Parnavaz divided Georgia into four military districts, from which the army was always kept up, amounting for some centuries, to about 70,000 A militia was also raised in like manner, to be called out only on extraordinary emergencies. The army consisted of four corps, namely, the advanced guard, composed of the troops of Akhaltsikha, and who became the rear guard in a retreat; the right wing, formed of Imerethians and the Apkhaz; the left wing, consisting of the inhabitants of Kakhethi; and the centre, where the people of Karthli were placed. Each of the three former had a peculiar chief and banner. The centre, which was always commanded by the king himself, had two banners. When the army obtained a victory, each warrior cut off the head of an enemy he had killed, which he presented to the king, saying, " may God never interrupt thy victories!" and he thereupon received a suitable recompense. This custom is retained in Georgia at the present day. The defensive arms of the troops were a coat of mail, breast-plate, a piece of iron to defend the

hips, and a buckler. The offensive weapons were spear, mace, sword, javelin, dagger, bow and arrows. The standing army subsisted in Georgia until the partition of the country into different kingdoms, after which it was not practicable to provide pay for the troops, so that they could be called out only for a time, when circumstances required. The kings, however, always had about them a personal guard; that of the kings of Karthli was formed of the inhabitants of the valley in which the Aragwi flows; the kings of Kakhethi had for body guards the people of Kizikhi, and subsequently Tooshis; in Imerethi, the royal guard consisted of Rachwelis.

Causes, criminal and civil, till the conversion of Georgia to Christianity, were determined by blood, iron, water, the sword, and the oath. The process termed blood, was the punishment imposed upon murderers: when any one had caused the death of another of equal rank, he was condemned to capital punishment, or perpetual imprisonment, besides being compelled to pay a large sum to the nearest relations of his victim; if, on the contrary, the person was of inferior rank to his assassin, the latter only paid a heavy fine and was exiled for some time. A person who drew a weapon against his superior, had his right hand cut off. The fine paid to the rela tions of a girl betrothed to one who, without legal cause, broke off the stipulated marriage, was also termed blood. The sword was commonly used to vindicate those who were accused of treason against their country or sacrilege. The accuser and the accused, after three days spent in prayer and sacrifices, armed for the combat and sallied into the field on horseback, attended by two witnesses unarmed. They attacked each other, and he who was unhorsed, was deemed the criminal or calumniator, and was punished with death or the loss of his eyes, hands, feet, &c., as well as all his goods. Those accused of theft were subjected to the trial by iron or water, in the following manner: a coulter, made red-hot, was placed in an elevated position, and the accused was obliged to take it with his hand covered with a linen or cotton cloth, and to carry it three paces before he threw it down. His hand was immediately bound up, and examined three days after; if it appeared uninjured, the accused was considered innocent; in the contrary event, his crime was held to be proved. In the trial by water, some iron instrument was thrown into boiling water, to be taken out by the hand of the accused, which was bound up and treated as in the other case. Those who were convicted of theft, were for the first and second offence condemned to pay a fine much exceeding the value of the stolen property; for the third offence, they were further deprived of sight, their hand was cut off, or they were sentenced to die, according to the magnitude of the theft. The oath was resorted to in cases where it was difficult to decide the right of possession, in thefts of little consequence; the two parties where then compelled to take an oath, as well as the wit

nesses.

Parnavaz purified and enriched the Georgian language. He also instituted posts at court, of which the following were the principal: the Spasalar (or commander-in-chief), who, in the absence of the king, presided at the council, and when he was present, occupied the seat next to him: