Chapter I.
Antecedents.
1. THE HINDU SACRED LAW
A WRITER who attempts to describe the development of the
agrarian system of Moslem India is confronted at the outset
by a difficulty arising from the absence of any definite
starting-point. It is clear that the first Moslem conquerors
did not impose an entirely foreign system on their Indian
subjects: the observed continuity of institutions shows that
they took over portions, at least, of the system which they
found in operation, and adapted it, as time went on, to
meet changing needs. The ideal starting-point would thus
be a description of the Hindu system as it stood in theory,
and worked in practice, during the twelfth century; but
nothing of the kind is known to exist, and the conditions of
the period make it unlikely that such a description was
ever prepared. It is conceivable that the progress of
antiquarian research may eventually make it possible to
write a historical account of the development of the Hindu
system, based on precisely-dated documents and inscriptions,
but I am assured by scholars that adequate materials for
that task are not yet available.
Failing such accounts or descriptions, the most that can
be done is to offer a statement of the fundamental features
of the Hindu system, and indicate their logical, if not their
historical, connection with the institutions which we meet
under the early Moslem rulers. I attempt such a statement
in this chapter; but at the outset it is necessary to explain
that I am dependent on translations and secondary sources
for the voluminous Sanskrit literature, and my experience
suggests that translations may be dangerous guides in
technical matters. Some of the greatest difficulties which
present themselves in studying the Moslem period arise