This is the second in a series of five blog posts on the provenance of the Colebrooke Collection of Sanskrit manuscripts now in the British Library, following the first post, which introduced the Colebrooke Family and the East India Company.
According to the historian Christopher Fleming, while in India, Colebrooke ‘assembled the world’s most extensive collection of Sanskrit legal manuscripts’ (Fleming 2021, p. 192). Why did he do this, and what is the story behind this?
Pages from Colebrooke’s copy of the Vyavahāratattva, a legal digest composed by the sixteenth-century scholar Raghunandana. These pages include Colebrooke’s own notes and translation. British Library, IO San 191c 
Henry Thomas Colebrooke (1765-1837) arrived in India in 1783, while Warren Hastings was Governor General. In the preceding years, Hastings had been responsible for a range of reforms to the East India Company’s governance in India. One of the areas he focused on was the administration of justice. A new system of courts was set up, operating at local and regional levels and overseen by superior courts in Calcutta [Kolkata]. Though the judges were British, they were to try cases according to local law. Furthermore, in cases ‘regarding inheritance, marriage, and caste, and all religious usages and institutions’ this was to be tailored according to whether those appearing in the courts were of the Muslim or Hindu faith (IOR/V/8/15). To ensure this was done correctly, local law officers were appointed, and in the case of Hindu law, these officers were referred to as ‘pandits’.
For centuries it had been a practice in India for pandits who were experts in law to be consulted during legal disputes. The Company’s employment of them as law officers can therefore be seen as a continuation of this policy. At the same time, however, Hastings also sought to set down a standardised body of Hindu law ‘in order to render more complete the judicial regulations, to preclude arbitrary and partial judgements, and to guide the decisions of the several courts’ (IOR/E/4/31, f 447). A team of eleven pandits were commissioned to compile a suitable reference work, and a copy of their completed digest, titled Vivādārṇavasetu, can be found in the Colebrooke Collection (IO San 3145a). It was later translated, via Persian, into English as A Code of Gentoo Laws, or, Ordinations of the Pundits.
Front page of A Code of Gentoo Laws, or, Ordinations of the Pundits (London, 1776). British Library, 26.i.6 
Perceived deficiencies in Hasting’s code led to a new digest being commissioned, under the direction of the scholar and judge Sir William Jones. Again, pandits were employed to compile the material under the oversight of Jones, who was also to make a direct translation into English. However, Jones died before he could embark on this translation, and the task was taken up by Colebrooke. A copy of the original Sanskrit version of the digest, titled Vivādabhaṅgārṇava, can be found in the Colebrooke Collection (IO San 1767-1770), and the translation was published in 1798 as A Digest of Hindu Law on Contracts and Successions.
Front page to the first volume of A Digest of Hindu Law on Contracts and Successions (Calcutta, 1798). British Library, 5319.f.12. 
However, Colebrooke was dissatisfied with this digest. In particular, he felt it was too long (the English translation consisted of four volumes), and he blamed this on the ‘copious commentary’ produced by Jagannātha Tarkapañcānana, the pandit in charge of the compilation (Colebrooke 1798, p. ix). Shortly after this, Colebrooke proposed a supplementary work and offered to oversee the work of the pandits, adding, "I should restrain the compilers from inserting a long train of argument in support, or in refutation, of the opinions cited by them, which has so greatly swelled the digest of Law on Contracts and Succession" (IOR/F/4/39/974)
The pandits, first and foremost, were scholars who were concerned with understanding the complexities of legal tradition and debate. The interpretation of Hindu law varied greatly across India, so for the pandits it was important to pay attention to these differences. Colebrooke, however, was concerned with establishing principles which could be applied in a uniform way across the different regions ruled by the British. He therefore became impatient with the pandits he employed for his new work. This is documented in a marginal note he added to a manuscript one of the pandits, called Bāla Śarman Pāyaguṇḍe, had produced for him: "After the experience I have had, that no Pandit is capable (or adapted by his habits of thinking) to compile a digest in the form I require, I must now seriously set about compiling it myself" (IO San 37).
A page from the Dharmaśāstrasaṃgraha with Colebrooke’s notes. British Library, IO San 37. 
Colebrooke would continue to employ pandits to supply material for him, but he now took on responsibility for compiling the final text himself. His work on the supplementary digest continued for a number of years, but was ultimately abandoned. Instead, in 1810, Colebrooke published Two Treatises on the Hindu Law of Inheritance, an annotated English translation of the Dāyabhāga and the Mitākṣarā, two twelfth-century legal texts. In the preface, he explained why he had decided to publish this translation rather than his planned supplementary digest:
"In a general compilation, where the authorities are greatly multiplied, and the doctrines of many different schools, and of numerous authors are contrasted and compared, the reader is at a loss to collect the doctrines of a particular school and to follow the train of reasoning by which they are maintained. He is confounded by the perpetual conflict of discordant opinions and jarring deductions; and by the frequent transition from the positions of one sect to the principles of another. It may be useful then, that such a compilation should be preceded by the separate publication of the most approved works of each school. By exhibiting in an exact translation the text of the author with notes selected from the glosses of his commentators or from the works of other writers of the same school, a correct knowledge of that part of the Hindu law, which is expressly treated by him, will be made more easily attainable, than by trusting solely to a general compilation" (Colebrooke 1810, p. iii).
Colebrooke therefore sought to avoid the uncertainty and confusion created, as he saw it, by the many voices of Hindu legal scholarship, and instead to bring into focus what he identified as the two original and distinct ‘schools’ of law which existed in the regions of India under British rule. His translation included ‘annotations necessary to the illustration of the text’, but these, he explained, could be disregarded by those unfamiliar with Sanskrit. The English reader, he insisted, could rely on his scholarship:
"Having verified with great care the quotations of authors, as far as means are afforded to me by my own collection of Sanscrit law books (which includes, I believe, nearly all that are extant) I have added at the foot of the page notes of references to the places in which the texts are found. They will be satisfactory to the reader as demonstrating the general correctness of the original citations" (Colebrooke 1810, p. v).
Interestingly, then, the reason the Colebrooke Collection contains such a large number of Sanskrit legal manuscripts is Colebrooke’s dislike of the scholarly practices of the pandits who produced these manuscripts for him. Frustrated by their attention to the interpretative nuances of Hindu law, and desiring to produce a legal framework which could be easily applied by the British, Colebrooke took it upon himself to study and interpret Hindu law. To do this, he gathered his famous collection of Sanskrit legal manuscripts. However, despite his aversion to the methods of the pandits, he was nevertheless dependent on them to acquire, or produce, copies of the texts he required. The next blog post will look at the stories of two of these pandits.
In the third blog post on the provenance of the Colebrooke Collection, we will look at the stories of two of the pandits who worked with Colebrooke.
Works Consulted
Colebrooke, Henry Thomas (trans.), A Digest of Hindu Law on Contracts and Successions (Calcutta: Honourable Company's Press, 1798).
Colebrooke, Henry Thomas, (trans.), Two Treatises on the Hindu Law of Inheritance (Calcutta: Hindoostanee Press, 1810).
Fleming, Christopher T., Ownership and Inheritance in Sanskrit Jurisprudence (Oxford: Oxford University Press, 2021).
Letter from the Government of Bengal to the Court of Directors, 25 March 1773. British Library, IOR/E/4/31, f 447.
Letter from H. T. Colebrooke to the Government of Bengal, 20 August 1797. British Library, IOR/F/4/39/974.
Regulation No. 27, from Regulations for the Administration of Justice, recorded on the Revenue Proceedings of Government, on the 28th March 1780; and passed by the Governor General and Council on the 11th April 1780. British Library, IOR/V/8/15.
Dharmaśāstrasaṃgraha. British Library, IO San 37.
Vivādārṇavasetu. British Library, IO San 3145a.
Vivādabhaṅgārṇava. British Library, IO San 1767-1770.
David Woodbridge, Provenance Researcher Sanskrit Collections (REAP pilot project 2023-2025) 