Fetching
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Romanised transliteration as printed by the translator, not the original script. This is what we hold.
1235. The slayer of a Brahmama, (a twice-born man) who drinks (the spirituous liquor called) Sur, he who steals (the gold of a Brahmaza), and he who violates a Guru’s bed, must each and all be considered as men who-committed mortal sins (mah&pataka). 236. On those four even, if they do not perform a penance, let him inflict corporal punishment and fines in accordance with the law. 237: For violating a Guru’s bed, (the mark of) a female part shall be (impressed on the forehead with a hot iron); for drinking (the spirituous liquor called) Sur4, the sign of a tavern; for stealing (the gold of a Brahmama), a dog’s foot; for murdering a Brahmama, a headless corpse. plaint declared to be just or unjust by the assessors,’ and the latter ‘a cause or plaint confirmed by witnesses.’ 234. Y4gh. II, 305. Medh. and Kull. think that this rule refers to cases where the cause of the unjust decision is not a bribe, because the punishment of corrupt judges has been prescribed above, verse 231. But Nar. and Ragh. think that it applies to cases of bribery also, and that the fine shall vary according to the nature of the case, 1000 panas being the lowest punishment. 235-242. Baudh. I, 18, 18; Vi. V, 3-7. 235. Instead of ‘(a twice-born man) who drinks the spirituous liquor, &c.’ (Kull., Nar.), Medh. and Ragh. say,‘a Bréhmanza who, &c.;’ but see below, XI, 94. 236. Medh. remarks that ‘ others’ refer this rule, on account of the word api, ‘even, likewise,’ to the fifth Mah4patakin also, i.e. to him who associates with one of the other four (see below, XI, 55); and R4gh., as well as Nand., approves of this explanation. 237. ‘The sign of a tavern,’ i.e. ‘a wine-cup.’ It follows from the rule given in verse 240, that the forehead is the place where they shall be branded. 384 LAWS OF MANU. IX, 238. 238. Excluded from all fellowship at meals, excluded from all sacrifices, excluded from instruction and from matrimonial alliances, abject and excluded from all religious duties, let them wander over (this) earth. 239. Such (persons) who have been branded with (indelible) marks must be cast off by their paternal and maternal relations, and receive neither compassion nor a salutation ; that is the teaching of Manu. 240. But (men of) all castes who perform the prescribed penances, must not be branded on the forehead by the king, but shall be made to pay the highest amercement. 241. For (such) offences the middlemost amercement shall be inflicted on a Brahmama, or he may be banished from the realm, keeping his money and his chattels. 242. But (men of) other (castes), who have unintentionally committed such crimes, ought to be deprived of their whole property ; if (they committed them) intentionally, they shall be banished. 238. Medh. reads asamyogy4h, ‘excluded from all intercourse,’ instead of asamy4gy4A, ‘excluded from all sacrifices.’
2238. Medh. reads asamyogy4h, ‘excluded from all intercourse,’ instead of asamy4gy4A, ‘excluded from all sacrifices.’ 240. ‘ All castes,’ i.e. ‘ the three Aryan castes.’ N4&r. and Nand. read pfirve, ‘the before-mentioned castes.’ ‘The highest amercement,’ see above, VIII, 138. 241. According to Medh., the meaning of the verse is that a Brahmaaa, endowed with good qualities, who unintentionally (verse 242) committed a mortal sin, shall either be fined in the middlemost amercement and be made to perform the prescribed penance, or, if he refuses to do that, be banished without the infliction of a fine. Kull. and Nand. partly agree, but think that the offender is to be banished, if he committed the crime intentionally. 242. The translation follows N4r. and Nand., who think that persons, performing no penance, shall be deprived of their whole IX, 247. MISCELLANEOUS PUNISHMENTS. 385 243. A virtuous king must not take for himself the property of a man guilty of mortal sin; but if he takes it out of greed, he is tainted by that guilt (of the offender). 244. Having thrown such a fine into the water, let him offer it to Varuza, or let him bestow it on a learned and virtuous Brahmaza. 245. Varuma is the lord of punishment, for he holds the sceptre even over kings; a Brahmaza who has learnt the whole Veda is the lord of the whole world. 246. In that (country), where the king avoids taking the property of (mortal) sinners, men are born in (due) time (and are) long-lived, 247. And the crops of the husbandmen spring up, each as it was sown, and the children die not, and no misshaped (offspring) is born. property, if the offence was committed unintentionally, and be banished after being branded, if their crime was intentional. Nér., moreover, adds, ‘this refers to light cases; it has been declared that he shall slay the offender in bad cases.’ Kull. and Ragh. think that confiscation of the whole property shall be inflicted in particularly bad cases, instead of the fine of rooo pamas prescribed in verse 240; and Medh. says that this is the opinion of ‘some.’ Medh., Kull., and Ragh. explain pravasanam, ‘shall be banished,’ by ‘shall be punished corporally.’ Though it is not absolutely impossible that pravis may mean ‘to hurt, or punish corporally,’ it seems not advisable to take the word in the latter sense, on account of verses 238 and 241; compare also VIII, 284. Medh. remarks that a SQdra who offends unintentionally, shall be branded and be deprived of his whole property, else he shall be put to death. 244. Yagi. II, 307. 245. Varuna is the supreme ruler (adhiraga) of kings; see Taittirtya-brahmava III, 1, 2, 7. Regarding the position of a learned Brahmaaa, see above, I, 98-101. 246. Instead of kAlena, ‘in (due) time,’ i.e. ‘after the full period of gestation’ (Kull., Nar., Ragh.), Nand. reads loke tu, ‘ but in that country.’ [25] cc 386 LAWS OF MANU. IX, 248.
3Regarding the position of a learned Brahmaaa, see above, I, 98-101. 246. Instead of kAlena, ‘in (due) time,’ i.e. ‘after the full period of gestation’ (Kull., Nar., Ragh.), Nand. reads loke tu, ‘ but in that country.’ [25] cc 386 LAWS OF MANU. IX, 248. 248. But the king shall inflict on a base-born (Sddra), who intentionally gives pain to Brahmazas, various (kinds of) corporal punishment which cause terror. 249. When a king punishes an innocent (man), his guilt is considered as great as when he sets free a guilty man; but (he acquires) merit when he punishes (justly). 250. Thus the (manner of) deciding suits (falling) under the eighteen titles, between two litigant parties, has been declared at length. 251. A king who thus duly fulfils his duties in accordance with justice, may seek to gain countries which he has not yet gained, and shall duly protect them when he has gained them. 252. Having duly settled his country, and having built forts in accordance with the Institutes, he shall use his utmost exertions to remove (those men who are nocuous like) thorns. 253. By protecting those who live as (becomes) Aryans and by removing the thorns, kings, solely intent on guarding their subjects, reach heaven. 254. The realm of that king who takes his share 248. See above, VIII, 279-284. Though all the commentators take avaragam in the sense of ‘a base-born Sfidra,’ the word may have its etymological meaning, ‘a man of lower caste.’ Medh. explains ‘who gives pain’ by ‘who takes their property or wives ;’ Nar., ‘who causes exceedingly great misery.’ 249. See above, VIII, 19, 310-311, 317. 250. ‘ This verse is the conclusion of the section on the eighteen titles of the law’ (Medh.), ‘and now follows a supplement on the duties of a king’ (Nar.). 252. See above, VII, 69-70. 253-254. See above, VIII, 307, 386-387. 1X, 258. DUTIES OF A KING, 387 in kind, though he does not punish thieves, (will be) disturbed and he (will) lose heaven. 255. But if his kingdom be secure, protected by the strength of his arm, it will constantly flourish like a (well)-watered tree. 256. Let the king who sees (everything) through his spies, discover the two sorts of thieves who deprive others of their property, both those who (show themselves) openly and those who (lie) concealed. 257. Among them, the open rogues (are those) who subsist by (cheating in the sale of) various marketable commodities, but the concealed rogues are burglars, robbers in forests, and so forth. 258. Those who take bribes, cheats and rogues, gamblers, those who live by teaching (the performance of) auspicious ceremonies, sanctimonious hypocrites, and fortune-tellers,
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.
1235. The slayer of a Brahmama, (a twice-born man) who drinks (the spirituous liquor called) Sur, he who steals (the gold of a Brahmaza), and he who violates a Guru’s bed, must each and all be considered as men who-committed mortal sins (mah&pataka). 236. On those four even, if they do not perform a penance, let him inflict corporal punishment and fines in accordance with the law. 237: For violating a Guru’s bed, (the mark of) a female part shall be (impressed on the forehead with a hot iron); for drinking (the spirituous liquor called) Sur4, the sign of a tavern; for stealing (the gold of a Brahmama), a dog’s foot; for murdering a Brahmama, a headless corpse. plaint declared to be just or unjust by the assessors,’ and the latter ‘a cause or plaint confirmed by witnesses.’ 234. Y4gh. II, 305. Medh. and Kull. think that this rule refers to cases where the cause of the unjust decision is not a bribe, because the punishment of corrupt judges has been prescribed above, verse 231. But Nar. and Ragh. think that it applies to cases of bribery also, and that the fine shall vary according to the nature of the case, 1000 panas being the lowest punishment. 235-242. Baudh. I, 18, 18; Vi. V, 3-7. 235. Instead of ‘(a twice-born man) who drinks the spirituous liquor, &c.’ (Kull., Nar.), Medh. and Ragh. say,‘a Bréhmanza who, &c.;’ but see below, XI, 94. 236. Medh. remarks that ‘ others’ refer this rule, on account of the word api, ‘even, likewise,’ to the fifth Mah4patakin also, i.e. to him who associates with one of the other four (see below, XI, 55); and R4gh., as well as Nand., approves of this explanation. 237. ‘The sign of a tavern,’ i.e. ‘a wine-cup.’ It follows from the rule given in verse 240, that the forehead is the place where they shall be branded. 384 LAWS OF MANU. IX, 238. 238. Excluded from all fellowship at meals, excluded from all sacrifices, excluded from instruction and from matrimonial alliances, abject and excluded from all religious duties, let them wander over (this) earth. 239. Such (persons) who have been branded with (indelible) marks must be cast off by their paternal and maternal relations, and receive neither compassion nor a salutation ; that is the teaching of Manu. 240. But (men of) all castes who perform the prescribed penances, must not be branded on the forehead by the king, but shall be made to pay the highest amercement. 241. For (such) offences the middlemost amercement shall be inflicted on a Brahmama, or he may be banished from the realm, keeping his money and his chattels. 242. But (men of) other (castes), who have unintentionally committed such crimes, ought to be deprived of their whole property ; if (they committed them) intentionally, they shall be banished. 238. Medh. reads asamyogy4h, ‘excluded from all intercourse,’ instead of asamy4gy4A, ‘excluded from all sacrifices.’
2238. Medh. reads asamyogy4h, ‘excluded from all intercourse,’ instead of asamy4gy4A, ‘excluded from all sacrifices.’ 240. ‘ All castes,’ i.e. ‘ the three Aryan castes.’ N4&r. and Nand. read pfirve, ‘the before-mentioned castes.’ ‘The highest amercement,’ see above, VIII, 138. 241. According to Medh., the meaning of the verse is that a Brahmaaa, endowed with good qualities, who unintentionally (verse 242) committed a mortal sin, shall either be fined in the middlemost amercement and be made to perform the prescribed penance, or, if he refuses to do that, be banished without the infliction of a fine. Kull. and Nand. partly agree, but think that the offender is to be banished, if he committed the crime intentionally. 242. The translation follows N4r. and Nand., who think that persons, performing no penance, shall be deprived of their whole IX, 247. MISCELLANEOUS PUNISHMENTS. 385 243. A virtuous king must not take for himself the property of a man guilty of mortal sin; but if he takes it out of greed, he is tainted by that guilt (of the offender). 244. Having thrown such a fine into the water, let him offer it to Varuza, or let him bestow it on a learned and virtuous Brahmaza. 245. Varuma is the lord of punishment, for he holds the sceptre even over kings; a Brahmaza who has learnt the whole Veda is the lord of the whole world. 246. In that (country), where the king avoids taking the property of (mortal) sinners, men are born in (due) time (and are) long-lived, 247. And the crops of the husbandmen spring up, each as it was sown, and the children die not, and no misshaped (offspring) is born. property, if the offence was committed unintentionally, and be banished after being branded, if their crime was intentional. Nér., moreover, adds, ‘this refers to light cases; it has been declared that he shall slay the offender in bad cases.’ Kull. and Ragh. think that confiscation of the whole property shall be inflicted in particularly bad cases, instead of the fine of rooo pamas prescribed in verse 240; and Medh. says that this is the opinion of ‘some.’ Medh., Kull., and Ragh. explain pravasanam, ‘shall be banished,’ by ‘shall be punished corporally.’ Though it is not absolutely impossible that pravis may mean ‘to hurt, or punish corporally,’ it seems not advisable to take the word in the latter sense, on account of verses 238 and 241; compare also VIII, 284. Medh. remarks that a SQdra who offends unintentionally, shall be branded and be deprived of his whole property, else he shall be put to death. 244. Yagi. II, 307. 245. Varuna is the supreme ruler (adhiraga) of kings; see Taittirtya-brahmava III, 1, 2, 7. Regarding the position of a learned Brahmaaa, see above, I, 98-101. 246. Instead of kAlena, ‘in (due) time,’ i.e. ‘after the full period of gestation’ (Kull., Nar., Ragh.), Nand. reads loke tu, ‘ but in that country.’ [25] cc 386 LAWS OF MANU. IX, 248.
3Regarding the position of a learned Brahmaaa, see above, I, 98-101. 246. Instead of kAlena, ‘in (due) time,’ i.e. ‘after the full period of gestation’ (Kull., Nar., Ragh.), Nand. reads loke tu, ‘ but in that country.’ [25] cc 386 LAWS OF MANU. IX, 248. 248. But the king shall inflict on a base-born (Sddra), who intentionally gives pain to Brahmazas, various (kinds of) corporal punishment which cause terror. 249. When a king punishes an innocent (man), his guilt is considered as great as when he sets free a guilty man; but (he acquires) merit when he punishes (justly). 250. Thus the (manner of) deciding suits (falling) under the eighteen titles, between two litigant parties, has been declared at length. 251. A king who thus duly fulfils his duties in accordance with justice, may seek to gain countries which he has not yet gained, and shall duly protect them when he has gained them. 252. Having duly settled his country, and having built forts in accordance with the Institutes, he shall use his utmost exertions to remove (those men who are nocuous like) thorns. 253. By protecting those who live as (becomes) Aryans and by removing the thorns, kings, solely intent on guarding their subjects, reach heaven. 254. The realm of that king who takes his share 248. See above, VIII, 279-284. Though all the commentators take avaragam in the sense of ‘a base-born Sfidra,’ the word may have its etymological meaning, ‘a man of lower caste.’ Medh. explains ‘who gives pain’ by ‘who takes their property or wives ;’ Nar., ‘who causes exceedingly great misery.’ 249. See above, VIII, 19, 310-311, 317. 250. ‘ This verse is the conclusion of the section on the eighteen titles of the law’ (Medh.), ‘and now follows a supplement on the duties of a king’ (Nar.). 252. See above, VII, 69-70. 253-254. See above, VIII, 307, 386-387. 1X, 258. DUTIES OF A KING, 387 in kind, though he does not punish thieves, (will be) disturbed and he (will) lose heaven. 255. But if his kingdom be secure, protected by the strength of his arm, it will constantly flourish like a (well)-watered tree. 256. Let the king who sees (everything) through his spies, discover the two sorts of thieves who deprive others of their property, both those who (show themselves) openly and those who (lie) concealed. 257. Among them, the open rogues (are those) who subsist by (cheating in the sale of) various marketable commodities, but the concealed rogues are burglars, robbers in forests, and so forth. 258. Those who take bribes, cheats and rogues, gamblers, those who live by teaching (the performance of) auspicious ceremonies, sanctimonious hypocrites, and fortune-tellers,
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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