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Romanised transliteration as printed by the translator, not the original script. This is what we hold.
116. Now they quote also (the following verse): ‘But those sons whom an uninitiated man begets, the wise call Vratyas, who are excluded from the Savitrt; (that is a rule which refers) in an equal manner to the three (highest) castes.’ Prasna I, ApHuyAya 9, Kawp1KA 17, 1. The Rathakdra (carpenter), the Ambash¢fa, the Sfita (charioteer), the Ugra, the M4gadha, the Ayogava, the Vaiza, the Kshattvz, the Pulkasa, the Kukkuaa, the Vaidehaka, the Xazdala, and so forth, 2. Among these, sons of equal caste (spring) from | women of equal caste. 3. A Brahmaza (begets) on a female of the Kshatriya caste a Brahmaza, on a female of the Vaisya caste an Ambashdfa, on a female of the Sidra caste a Nishada, 4. (According to) some a Parasava. 13-15. The text of the three Sftras is exceedingly corrupt, and the Telugu copy of the commentary affords no help. It is, however, clear that the passage left out contained something which corresponded to Gautama IV, 22-23, and treated of the possibility of raising persons of a lower caste toa higher one by intermarriages continued for five or seven generations, The reading of K., which perhaps is the best, will show this: ‘nishaddena nishddyad 4 pafikamaggfta bhavanti tam upanayet shash/ham y4gayet saptamo ’vikritégisamamgito saptamaufigisama ity ekeshAm samgit4 kramena nipatanti.’ 16. Manu X, 20. 17, 1-2. Manu X, 26-27. 3-6. See above, I, 8, 16, 6-7. 198 BAUDHAYANA. I, 9, 17. 5. A Kshatriya (begets) on a female of the Vaisya caste a Kshatriya, on a female of the Sfdra caste an Ugra. 6. A Vaisya (begets) on a female of the Sddra caste a Rathak4ra. ; 7. A Sddra begets on a female of the Vaisya caste a Magadha, on a female of the Kshatriya caste a Kshattvz, but on a female of the Brahmamza caste a Kandala. 8. A Vaisya begets on a female of the Kshatriya caste an Ayogava, on a female of the Brahmana caste a Sita. 9. If among these an Ambash//a (male) and an Ugra (female) unite, (their son) will be born in the direct order of the castes (Anuloma). 10. If a Kshattvz (male) and a Vaidehaka (female) unite, (their son will be) born against the order of the castes (Pratiloma). 11. An Ugra (begets) on a female of the Kshattrz caste a Svapaka, 12, A Vaidehaka on a female of the Ambashtha caste a Vaiza, 13. A Nishdda on a female of the Sfdra caste a Pulkasa, 14. A SQdra on a female of the Nishdda caste a Kukkudaka. 15. The wise declare those sprung from an intermixture of the castes to be Vratyas. 4-8. See above, I, 8, 16, 8. g-10. Ie. the offspring of individuals of different Anuloma castes again become Anulomas, and the offspring of individuals of different Pratiloma castes, Pratilomas. 11-12. Manu X, rg. 13-14. See above, I, 8, 16, 11-12. 15. Gautama IV, 25. I, 10, 18. THE KING. 199 Prasna I, ApHyAyva 10, KawoiKA 18. . Let the king protect (his) subjects, receiving as his pay a sixth part (of their incomes or spiritual merit). 2. Brahman, forsooth, placed its majesty in the
2Manu X, rg. 13-14. See above, I, 8, 16, 11-12. 15. Gautama IV, 25. I, 10, 18. THE KING. 199 Prasna I, ApHyAyva 10, KawoiKA 18. . Let the king protect (his) subjects, receiving as his pay a sixth part (of their incomes or spiritual merit). 2. Brahman, forsooth, placed its majesty in the ’ Brahmazas, together with (the duties and privileges , of) studying, teaching, sacrificing for themselves, . sacrificing for others, liberality, and accepting (gifts), for the protection of the Vedas ; 3. In the Kshatriyas (it placed) strength, together ‘with (the duties and privileges of) studying, sacri- ’ ficing, liberality, (using) weapons, and protecting the _ treasure (and the life of) created beings, for the growth of (good) government ; , 4 In the Vaisyas (it placed the power of work), together with (the duties of) studying, sacrificing, . liberality, cultivating (the soil), trading, and tending , cattle, for the growth of (productive) labour. ¥. 5. On the Stdras (it imposed the duty of) serving | the three higher (castes). 6. For (the Veda states), ‘they were created from | the feet (of Brahman).’ 18. 1. Vasishéha I, 42-44. Learned Brahmanas do not pay taxes, but the king obtains a sixth part of the spiritual merit which they acquire. Hence Baudhayana uses the general term, ‘a sixth share.’ 2. Vasishéha II, 13-14. 3. VasishéAa II, 15-17. 4. Vasishfha II, 18-19. The words ‘the power of work’ are inserted by Govinda. 5. Vasishéha II, 20. 6. Rig-veda X, 90,125; Taittiriya Aranyaka, III, 12, 6. x 200 BAUDHAYANA. . I, 10, 18. 7. Let (the king) choose a domestic priest (who shall be) foremost in all (transactions). 8. Let him act according to his instructions. g. Let him not turn back in battle. 10. Let him not strike with barbed or poisoned (weapons). . 11. Let him not fight with those who are in fear, intoxicated, insane or out of their minds, (nor with those) who have lost their armour, (nor with) women, infants, aged men, and Brahmazas, 12, Excepting assassins (Atatayin). 13. Now they quote also (the following verse) : ‘He who slays an assassin, able to teach (the Veda) and born in a (noble) family, does not (incur) by that (act the guilt of) the murderer of a learned Bréhmaza ; (in) that (case) fury recoils upon fury.’ 14. The duty on goods imported by sea is, after deducting a choice article, ten Pazas in the hundred. 15. Let him also lay just (duties) on other (marketable goods) according to their intrinsic value without oppressing (the traders). 4. Vasishtha XIX, 3-6. Govinda explains sarvatodhuram, ‘foremost in all,’ by sarvagfiam, ‘ omniscient.’ 8. Vasishtha I, 40-41. The rule, of course, refers primarily to advice in spiritual matters. g. Gautama X, 16. to. Manu VII, go. 1x. Gautama X,18. The meaning is that such persons shall not be slain in battle. 12-13. VasishéAa III, 18.
3Vasishtha I, 40-41. The rule, of course, refers primarily to advice in spiritual matters. g. Gautama X, 16. to. Manu VII, go. 1x. Gautama X,18. The meaning is that such persons shall not be slain in battle. 12-13. VasishéAa III, 18. 14. I take this to mean that the king may take one article which particularly pleases him out of each consignment, and impose on the rest an ad valorem duty of ten per cent. Regarding the tribute in kind to be paid to Indian kings by foreign merchants, see Periplus maris Erythraei, par. 49. 15. Vishvu III, 29-30. Govinda interprets anupahatya, ‘without T, 10, 49. THE KING; CRIMINAL LAW. 201 16. Let the king guard the property of men belonging to a non-Braéhmanical caste, the owner of which has disappeared, during a year, and afterwards take it (for himself). 17. A Bréhmaza, forsooth, shall not suffer corporal punishment for any offence. 18. In case (a Brahmama) has slain a Brahmaaa, has violated his Guru’s bed, has stolen the gold (of a Bréhmaza), or has drunk (the spirituous liquor called) Surd, (the king) shall cause to be impressed with a heated iron the mark of a headless trunk, a female part, a jackal, (or) the sign of a tavern on the forehead (of the offender) and banish him from his realm. 19. If a Kshatriya or (a man of any) other (tower caste) has murdered a Braéhmama, death and the confiscation of all his property (shall be his punishment). 20. If those same (persons) slay men of equal: or lower castes, (the king) shall fix suitable punishments in accordance with their ability. Prasna I, ApuyAva 10, KawpiKA 19. 1. For slaying a Kshatriya (the offender) shall oppressing the traders,’ by ‘without deducting (anuddhrztya) a choice article.’ 16. Vasishtha XVI, 19-20. As stated above, I, 5, 11, 15, the king must not take the property of a Brahmaa. 17. Vishnu V, 2. ‘Corporal punishment,’ i.e. eapital punishment, mutilation, &c., except branding. 18. Vishzu V, 3-7. 19. Apastamba If, ro, 27, 16. 20. Vasishtha XIX,9. ‘Those same persons,’ i.e. Kshatriyas, Vaisyas, or Sfidras. 19. 1, Apastamba I, 9, 24,1. Govinda explains vairaniryAta- 202 BAUDHAYANA. I, 10, 19. give to the king one thousand cows and _ besides a bull in expiation of his sin, 2. For (slaying) a Vaisya one hundred cows, for (slaying) a Sidra ten; and a bull (must be) added (in each case). 3. (The punishment for) the murder of a woman —excepting a (Brahmazi) who had bathed after temporary uncleanness—and for the destruction of a cow have been explained by the (rule regarding the) murder of a Siddra. 4. If he has slain a milch-cow or a draught-ox, he shall perform a KAndrayama (lunar penance) after (paying the prescribed fine). 5. The (punishment for the) murder of a (Brahmazt) who had bathed after temporary uncleanness has been explained by (the rule regarding) the murder of a Kshatriya.
The source text as printed, transcribed diplomatically. Where the source language uses a non-Latin script that reaches us only through a Victorian romanisation, this layer is labelled transliteration, because that is what we hold.
Romanised transliteration as printed by the translator, not the original script. This is what we hold.
116. Now they quote also (the following verse): ‘But those sons whom an uninitiated man begets, the wise call Vratyas, who are excluded from the Savitrt; (that is a rule which refers) in an equal manner to the three (highest) castes.’ Prasna I, ApHuyAya 9, Kawp1KA 17, 1. The Rathakdra (carpenter), the Ambash¢fa, the Sfita (charioteer), the Ugra, the M4gadha, the Ayogava, the Vaiza, the Kshattvz, the Pulkasa, the Kukkuaa, the Vaidehaka, the Xazdala, and so forth, 2. Among these, sons of equal caste (spring) from | women of equal caste. 3. A Brahmaza (begets) on a female of the Kshatriya caste a Brahmaza, on a female of the Vaisya caste an Ambashdfa, on a female of the Sidra caste a Nishada, 4. (According to) some a Parasava. 13-15. The text of the three Sftras is exceedingly corrupt, and the Telugu copy of the commentary affords no help. It is, however, clear that the passage left out contained something which corresponded to Gautama IV, 22-23, and treated of the possibility of raising persons of a lower caste toa higher one by intermarriages continued for five or seven generations, The reading of K., which perhaps is the best, will show this: ‘nishaddena nishddyad 4 pafikamaggfta bhavanti tam upanayet shash/ham y4gayet saptamo ’vikritégisamamgito saptamaufigisama ity ekeshAm samgit4 kramena nipatanti.’ 16. Manu X, 20. 17, 1-2. Manu X, 26-27. 3-6. See above, I, 8, 16, 6-7. 198 BAUDHAYANA. I, 9, 17. 5. A Kshatriya (begets) on a female of the Vaisya caste a Kshatriya, on a female of the Sfdra caste an Ugra. 6. A Vaisya (begets) on a female of the Sddra caste a Rathak4ra. ; 7. A Sddra begets on a female of the Vaisya caste a Magadha, on a female of the Kshatriya caste a Kshattvz, but on a female of the Brahmamza caste a Kandala. 8. A Vaisya begets on a female of the Kshatriya caste an Ayogava, on a female of the Brahmana caste a Sita. 9. If among these an Ambash//a (male) and an Ugra (female) unite, (their son) will be born in the direct order of the castes (Anuloma). 10. If a Kshattvz (male) and a Vaidehaka (female) unite, (their son will be) born against the order of the castes (Pratiloma). 11. An Ugra (begets) on a female of the Kshattrz caste a Svapaka, 12, A Vaidehaka on a female of the Ambashtha caste a Vaiza, 13. A Nishdda on a female of the Sfdra caste a Pulkasa, 14. A SQdra on a female of the Nishdda caste a Kukkudaka. 15. The wise declare those sprung from an intermixture of the castes to be Vratyas. 4-8. See above, I, 8, 16, 8. g-10. Ie. the offspring of individuals of different Anuloma castes again become Anulomas, and the offspring of individuals of different Pratiloma castes, Pratilomas. 11-12. Manu X, rg. 13-14. See above, I, 8, 16, 11-12. 15. Gautama IV, 25. I, 10, 18. THE KING. 199 Prasna I, ApHyAyva 10, KawoiKA 18. . Let the king protect (his) subjects, receiving as his pay a sixth part (of their incomes or spiritual merit). 2. Brahman, forsooth, placed its majesty in the
2Manu X, rg. 13-14. See above, I, 8, 16, 11-12. 15. Gautama IV, 25. I, 10, 18. THE KING. 199 Prasna I, ApHyAyva 10, KawoiKA 18. . Let the king protect (his) subjects, receiving as his pay a sixth part (of their incomes or spiritual merit). 2. Brahman, forsooth, placed its majesty in the ’ Brahmazas, together with (the duties and privileges , of) studying, teaching, sacrificing for themselves, . sacrificing for others, liberality, and accepting (gifts), for the protection of the Vedas ; 3. In the Kshatriyas (it placed) strength, together ‘with (the duties and privileges of) studying, sacri- ’ ficing, liberality, (using) weapons, and protecting the _ treasure (and the life of) created beings, for the growth of (good) government ; , 4 In the Vaisyas (it placed the power of work), together with (the duties of) studying, sacrificing, . liberality, cultivating (the soil), trading, and tending , cattle, for the growth of (productive) labour. ¥. 5. On the Stdras (it imposed the duty of) serving | the three higher (castes). 6. For (the Veda states), ‘they were created from | the feet (of Brahman).’ 18. 1. Vasishéha I, 42-44. Learned Brahmanas do not pay taxes, but the king obtains a sixth part of the spiritual merit which they acquire. Hence Baudhayana uses the general term, ‘a sixth share.’ 2. Vasishéha II, 13-14. 3. VasishéAa II, 15-17. 4. Vasishfha II, 18-19. The words ‘the power of work’ are inserted by Govinda. 5. Vasishéha II, 20. 6. Rig-veda X, 90,125; Taittiriya Aranyaka, III, 12, 6. x 200 BAUDHAYANA. . I, 10, 18. 7. Let (the king) choose a domestic priest (who shall be) foremost in all (transactions). 8. Let him act according to his instructions. g. Let him not turn back in battle. 10. Let him not strike with barbed or poisoned (weapons). . 11. Let him not fight with those who are in fear, intoxicated, insane or out of their minds, (nor with those) who have lost their armour, (nor with) women, infants, aged men, and Brahmazas, 12, Excepting assassins (Atatayin). 13. Now they quote also (the following verse) : ‘He who slays an assassin, able to teach (the Veda) and born in a (noble) family, does not (incur) by that (act the guilt of) the murderer of a learned Bréhmaza ; (in) that (case) fury recoils upon fury.’ 14. The duty on goods imported by sea is, after deducting a choice article, ten Pazas in the hundred. 15. Let him also lay just (duties) on other (marketable goods) according to their intrinsic value without oppressing (the traders). 4. Vasishtha XIX, 3-6. Govinda explains sarvatodhuram, ‘foremost in all,’ by sarvagfiam, ‘ omniscient.’ 8. Vasishtha I, 40-41. The rule, of course, refers primarily to advice in spiritual matters. g. Gautama X, 16. to. Manu VII, go. 1x. Gautama X,18. The meaning is that such persons shall not be slain in battle. 12-13. VasishéAa III, 18.
3Vasishtha I, 40-41. The rule, of course, refers primarily to advice in spiritual matters. g. Gautama X, 16. to. Manu VII, go. 1x. Gautama X,18. The meaning is that such persons shall not be slain in battle. 12-13. VasishéAa III, 18. 14. I take this to mean that the king may take one article which particularly pleases him out of each consignment, and impose on the rest an ad valorem duty of ten per cent. Regarding the tribute in kind to be paid to Indian kings by foreign merchants, see Periplus maris Erythraei, par. 49. 15. Vishvu III, 29-30. Govinda interprets anupahatya, ‘without T, 10, 49. THE KING; CRIMINAL LAW. 201 16. Let the king guard the property of men belonging to a non-Braéhmanical caste, the owner of which has disappeared, during a year, and afterwards take it (for himself). 17. A Bréhmaza, forsooth, shall not suffer corporal punishment for any offence. 18. In case (a Brahmama) has slain a Brahmaaa, has violated his Guru’s bed, has stolen the gold (of a Bréhmaza), or has drunk (the spirituous liquor called) Surd, (the king) shall cause to be impressed with a heated iron the mark of a headless trunk, a female part, a jackal, (or) the sign of a tavern on the forehead (of the offender) and banish him from his realm. 19. If a Kshatriya or (a man of any) other (tower caste) has murdered a Braéhmama, death and the confiscation of all his property (shall be his punishment). 20. If those same (persons) slay men of equal: or lower castes, (the king) shall fix suitable punishments in accordance with their ability. Prasna I, ApuyAva 10, KawpiKA 19. 1. For slaying a Kshatriya (the offender) shall oppressing the traders,’ by ‘without deducting (anuddhrztya) a choice article.’ 16. Vasishtha XVI, 19-20. As stated above, I, 5, 11, 15, the king must not take the property of a Brahmaa. 17. Vishnu V, 2. ‘Corporal punishment,’ i.e. eapital punishment, mutilation, &c., except branding. 18. Vishzu V, 3-7. 19. Apastamba If, ro, 27, 16. 20. Vasishtha XIX,9. ‘Those same persons,’ i.e. Kshatriyas, Vaisyas, or Sfidras. 19. 1, Apastamba I, 9, 24,1. Govinda explains vairaniryAta- 202 BAUDHAYANA. I, 10, 19. give to the king one thousand cows and _ besides a bull in expiation of his sin, 2. For (slaying) a Vaisya one hundred cows, for (slaying) a Sidra ten; and a bull (must be) added (in each case). 3. (The punishment for) the murder of a woman —excepting a (Brahmazi) who had bathed after temporary uncleanness—and for the destruction of a cow have been explained by the (rule regarding the) murder of a Siddra. 4. If he has slain a milch-cow or a draught-ox, he shall perform a KAndrayama (lunar penance) after (paying the prescribed fine). 5. The (punishment for the) murder of a (Brahmazt) who had bathed after temporary uncleanness has been explained by (the rule regarding) the murder of a Kshatriya.
The source text as printed, transcribed diplomatically. Where the source language uses a non-Latin script that reaches us only through a Victorian romanisation, this layer is labelled transliteration, because that is what we hold.
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