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114. Should a hired servant fail in the performance of ever so small a part of his master’s work, he forfeits his wages, and may be sued in court for his offence. 15. When a servant does not perform his work after having received his wages, though able (to do work), he shall be compelled to pay twice as much (as his wages) as a fine (to the king), and (shall restore) the wages (to his master). 16. He who has promised (to do work) and does not perform it, shall be compelled to do so by forcible means even; and if, through obstinacy, such a servant should still not do it as engaged for, he shall be fined 12,13. Ratn. pp. 157,158; Col. Dig. III, 1, 66, 67. 14,15. Ratn. p. 159; Col. Dig. ITI, 1, 71. 16. Ratn. p. 160; Col. Dig. III, 1, 75. There is another reading, translated by Colebrooke, under which the fine is to amount to two hundred Pamas, instead of eight Krishaalas. 346 BRIHASPATI. XVI, 17. eight Krzshzalas, and his wages shall not be paid to him. 17. When a servant, commissioned by his master, does any improper act (such as theft) for the benefit of his master, the latter shall be held responsible for it. 18. When a master does not pay wages for the labour stipulated after the work has been performed, he shall be compelled by the king to pay it, anda proportionate fine besides. 19. (A man) hired for attendance on milch cows of another shall receive the whole milk every eighth day. 20. (A cowherd) shall save cattle from danger of reptiles, robbers, and tigers, and from caverns or pits; let him try his best to protect them, call out for help, or give notice to his master. XVII. VioLtation or AGREEMENTS. 1. Thus has been declared the law concerning the mutual relations between master and servant; learn now concisely the performance of agreements. 2. Brahmans imbued with a knowledge of the Veda and of sacred lore, learned divines, and persons keeping a sacrificial fire, (the king) should worship, establish them there (in his kingdom), and provide a maintenance for them. 17. Ratn. p. 162; Col. Dig. III, 1, 84; Viv. p. 100. 18. Ratn. p. 165; Col. Dig. III, 1, 93; Viv. p. roo. 1g. Viv. p. 105; Ratn. p.170; Col. Dig. III, 4, 4. 20. Ratn. p.172; Viv. p.106; Col. Dig. III, 4, 10. XVII, 1-10. Ratn. pp. 177-179; Col. Dig. II, 2, 2, 6. 2-9. Viram. pp. 423-427. The readings given in the Viramitrodaya have been translated everywhere, except in 2, where the Ratnakara has been followed. XVII, rr. VIOLATION OF AGREEMENTS. 347 3. Let him bestow on them houses and landed property, exempt from taxation, declaring in a written grant that the revenue is remitted. 4. They shall perform for the citizens constant, special, and voluntary rites, as well as expiatory and auspicious ones, and pass a decision in doubtful cases. 5. A compact formed among villagers, companies (of artizans), and associations is (called) an’ agreement; such (an agreement) must be observed both in times of distress and for acts of piety.
25. A compact formed among villagers, companies (of artizans), and associations is (called) an’ agreement; such (an agreement) must be observed both in times of distress and for acts of piety. 6. When a danger is apprehended from robbers or thieves, it is (considered as) distress common to all; in such a case, (the danger) must be repelled by all, not by one man alone whoever he may be. 7. Mutual confidence having first been established by means of (the ordeal by) sacred libation, by a stipulation in writing, or by umpires, they shall then set about their work. 8. Enemies, dissolute, bashful, indolent, timid, avaricious, overaged or very young persons must not be chosen as intendants of affairs. 9. Honest persons, acquainted with the Vedas and with duty, able, self-controlled, sprung from noble families, and skilled in every business, shall be appointed as heads (of an association). 10. Two, three, or five persons shall be appointed as advisers of the association; their advice shall be taken by the villagers, companies (of artizans), corporations (of cohabitants), and other (fellowships). 11. When a stipulation has been entered in a 11-14. Ratn. p. 181; Col. Dig. III, 2,14; Viram. p. 425. For kuléyanam in 13, the Viramitrodaya reads kulayandairodhas 4a and 348 BRIHASPATI. XVII, 12. document as follows, ‘The construction of a house of assembly, of a shed for (accommodating travellers with) water, a temple, a pool, or a garden, 12. Relief to helpless or poor people, the performance of sacrificial acts, a common path, or defence, shall be undertaken by us in proportionate shares :’ that is a lawful agreement. 13. (Such an agreement) must be kept by all. He who fails (in his agreement), though able (to perform it), shall be punished by confiscation of his entire property, and by banishment from the town. 14. And for that man, whoever he may be, who falls out (with his associates), or neglects (his work), a fine is ordained amounting to six Nishkas of four Suvaraas each. 15. He who injures the joint stock, or insults a Brahman acquainted with the three Vedas, or breaks the mutual agreement, shall be banished from the town. 16. An acrimonious or malicious man, and one who causes dissension or does violent acts, or who is inimically disposed towards that company, association, or the king, shall be banished instantly from the town. 17. The heads of families, companies (of artizans) and associations, whether inhabiting a town or a stronghold, shall censure and reprimand offenders, and forsake them. interprets it by ‘the maintenance of a family, including its preservation in times of distress.’ 15. Ratn. p. 183; Col. Dig. III, 2, 19. 16. Ratn. p. 184; Col. Dig. III, 2, 20; Viram. p. 430. 17. Ratn. p. 184; Col. Dig. III, 2, 21; Viram. p. 429; Viv. p. 110. XVII, 24. VIOLATION OF AGREEMENTS. 349
3Ratn. p. 183; Col. Dig. III, 2, 19. 16. Ratn. p. 184; Col. Dig. III, 2, 20; Viram. p. 430. 17. Ratn. p. 184; Col. Dig. III, 2, 21; Viram. p. 429; Viv. p. 110. XVII, 24. VIOLATION OF AGREEMENTS. 349 18, Whatever is done by those (heads of an association), whether harsh or kind towards other people, must be approved of by the king as well; for they are declared to be the appointed managers (of affairs), 19. Should they agree, actuated by hatred, on injuring a single member of the fellowship, the king must restrain them; and they shall be punished, if they persist in their conduct. 20. When a dispute arises between the chiefs and the societies, the king shall decide it, and shall bring them back to their duty. 21. Those (companions in trade) who conspire to cheat the king of the share due to him (of their profits), shall be compelled to pay eight times as much, and shall be punished if they take to flight. 22. Whatever is obtained then by a man, shall belong to all in common; whether it have been obtained a sixmonth or a month ago, it shall be divided in due proportion. 23. (Or) it shall be bestowed on the idiotic, the aged, the blind, to women or children, to afflicted or diseased persons, to persons having issue, or the like (worthy persons). This is an eternal law. 24. Whatever is obtained or preserved by the members of a fellowship, or spent on behalf of the 18. Ratn. p. 184; Col. Dig. III, 2, 22; Viram. p. 429. 19. Ratn. p. 184; Col. Dig. III, 2, 23; Viram. p. 429. 20. Ratn. p. 184; Col. Dig. III, 2, 24. 21. Ratn. p. 185; Col. Dig. III, 2, 27; Viv. p. r10. 22. Ratn. p.186; Col. Dig. III, 2, 30; Viv. p. 116. The commentators observe that gifts obtained from a king are meant. 23, 24. Ratn. pp. 186, 187; Col. Dig. III, 2, 31; Viram. p. 432. For prakalpitam in 24, ‘what is spent,’ the last two works read rinamkritam, ‘what is borrowed.’ 350 BRIHASPATI, XVITI, 1. society, or acquired through the king’s favour, is common to all (members of the society). XVIII. Rescission oF PURCHASE AND SALE. 1. This set of rules concerning the law of agree- ments has been briefly stated ; disputes arising from purchase and sale shall be treated next. ' 2. Two sorts of property are distinguished, immovable and movable; when a purchase is concluded, the term ‘vendible property’ (pazya) is applied to both. 3. The purchaser shall examine a chattel himself and show it to others; when, after examining and approving it, he has accepted it, he is not at liberty to return it again. 4. The foolish man who sells an article, though acquainted with its blemish, shall have to pay twice its value (to the vendee), and (a fine of) the same amount (to the king). 5. What has been sold by one intoxicated or insane, or at a very low price, or under the impulse of fear, or by one not his own master, or by an idiot, shall be relinquished (by the purchaser, or it) may be recovered (from the purchaser) by forcible means. 6. Within that period, if a blemish should be
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.
114. Should a hired servant fail in the performance of ever so small a part of his master’s work, he forfeits his wages, and may be sued in court for his offence. 15. When a servant does not perform his work after having received his wages, though able (to do work), he shall be compelled to pay twice as much (as his wages) as a fine (to the king), and (shall restore) the wages (to his master). 16. He who has promised (to do work) and does not perform it, shall be compelled to do so by forcible means even; and if, through obstinacy, such a servant should still not do it as engaged for, he shall be fined 12,13. Ratn. pp. 157,158; Col. Dig. III, 1, 66, 67. 14,15. Ratn. p. 159; Col. Dig. ITI, 1, 71. 16. Ratn. p. 160; Col. Dig. III, 1, 75. There is another reading, translated by Colebrooke, under which the fine is to amount to two hundred Pamas, instead of eight Krishaalas. 346 BRIHASPATI. XVI, 17. eight Krzshzalas, and his wages shall not be paid to him. 17. When a servant, commissioned by his master, does any improper act (such as theft) for the benefit of his master, the latter shall be held responsible for it. 18. When a master does not pay wages for the labour stipulated after the work has been performed, he shall be compelled by the king to pay it, anda proportionate fine besides. 19. (A man) hired for attendance on milch cows of another shall receive the whole milk every eighth day. 20. (A cowherd) shall save cattle from danger of reptiles, robbers, and tigers, and from caverns or pits; let him try his best to protect them, call out for help, or give notice to his master. XVII. VioLtation or AGREEMENTS. 1. Thus has been declared the law concerning the mutual relations between master and servant; learn now concisely the performance of agreements. 2. Brahmans imbued with a knowledge of the Veda and of sacred lore, learned divines, and persons keeping a sacrificial fire, (the king) should worship, establish them there (in his kingdom), and provide a maintenance for them. 17. Ratn. p. 162; Col. Dig. III, 1, 84; Viv. p. 100. 18. Ratn. p. 165; Col. Dig. III, 1, 93; Viv. p. roo. 1g. Viv. p. 105; Ratn. p.170; Col. Dig. III, 4, 4. 20. Ratn. p.172; Viv. p.106; Col. Dig. III, 4, 10. XVII, 1-10. Ratn. pp. 177-179; Col. Dig. II, 2, 2, 6. 2-9. Viram. pp. 423-427. The readings given in the Viramitrodaya have been translated everywhere, except in 2, where the Ratnakara has been followed. XVII, rr. VIOLATION OF AGREEMENTS. 347 3. Let him bestow on them houses and landed property, exempt from taxation, declaring in a written grant that the revenue is remitted. 4. They shall perform for the citizens constant, special, and voluntary rites, as well as expiatory and auspicious ones, and pass a decision in doubtful cases. 5. A compact formed among villagers, companies (of artizans), and associations is (called) an’ agreement; such (an agreement) must be observed both in times of distress and for acts of piety.
25. A compact formed among villagers, companies (of artizans), and associations is (called) an’ agreement; such (an agreement) must be observed both in times of distress and for acts of piety. 6. When a danger is apprehended from robbers or thieves, it is (considered as) distress common to all; in such a case, (the danger) must be repelled by all, not by one man alone whoever he may be. 7. Mutual confidence having first been established by means of (the ordeal by) sacred libation, by a stipulation in writing, or by umpires, they shall then set about their work. 8. Enemies, dissolute, bashful, indolent, timid, avaricious, overaged or very young persons must not be chosen as intendants of affairs. 9. Honest persons, acquainted with the Vedas and with duty, able, self-controlled, sprung from noble families, and skilled in every business, shall be appointed as heads (of an association). 10. Two, three, or five persons shall be appointed as advisers of the association; their advice shall be taken by the villagers, companies (of artizans), corporations (of cohabitants), and other (fellowships). 11. When a stipulation has been entered in a 11-14. Ratn. p. 181; Col. Dig. III, 2,14; Viram. p. 425. For kuléyanam in 13, the Viramitrodaya reads kulayandairodhas 4a and 348 BRIHASPATI. XVII, 12. document as follows, ‘The construction of a house of assembly, of a shed for (accommodating travellers with) water, a temple, a pool, or a garden, 12. Relief to helpless or poor people, the performance of sacrificial acts, a common path, or defence, shall be undertaken by us in proportionate shares :’ that is a lawful agreement. 13. (Such an agreement) must be kept by all. He who fails (in his agreement), though able (to perform it), shall be punished by confiscation of his entire property, and by banishment from the town. 14. And for that man, whoever he may be, who falls out (with his associates), or neglects (his work), a fine is ordained amounting to six Nishkas of four Suvaraas each. 15. He who injures the joint stock, or insults a Brahman acquainted with the three Vedas, or breaks the mutual agreement, shall be banished from the town. 16. An acrimonious or malicious man, and one who causes dissension or does violent acts, or who is inimically disposed towards that company, association, or the king, shall be banished instantly from the town. 17. The heads of families, companies (of artizans) and associations, whether inhabiting a town or a stronghold, shall censure and reprimand offenders, and forsake them. interprets it by ‘the maintenance of a family, including its preservation in times of distress.’ 15. Ratn. p. 183; Col. Dig. III, 2, 19. 16. Ratn. p. 184; Col. Dig. III, 2, 20; Viram. p. 430. 17. Ratn. p. 184; Col. Dig. III, 2, 21; Viram. p. 429; Viv. p. 110. XVII, 24. VIOLATION OF AGREEMENTS. 349
3Ratn. p. 183; Col. Dig. III, 2, 19. 16. Ratn. p. 184; Col. Dig. III, 2, 20; Viram. p. 430. 17. Ratn. p. 184; Col. Dig. III, 2, 21; Viram. p. 429; Viv. p. 110. XVII, 24. VIOLATION OF AGREEMENTS. 349 18, Whatever is done by those (heads of an association), whether harsh or kind towards other people, must be approved of by the king as well; for they are declared to be the appointed managers (of affairs), 19. Should they agree, actuated by hatred, on injuring a single member of the fellowship, the king must restrain them; and they shall be punished, if they persist in their conduct. 20. When a dispute arises between the chiefs and the societies, the king shall decide it, and shall bring them back to their duty. 21. Those (companions in trade) who conspire to cheat the king of the share due to him (of their profits), shall be compelled to pay eight times as much, and shall be punished if they take to flight. 22. Whatever is obtained then by a man, shall belong to all in common; whether it have been obtained a sixmonth or a month ago, it shall be divided in due proportion. 23. (Or) it shall be bestowed on the idiotic, the aged, the blind, to women or children, to afflicted or diseased persons, to persons having issue, or the like (worthy persons). This is an eternal law. 24. Whatever is obtained or preserved by the members of a fellowship, or spent on behalf of the 18. Ratn. p. 184; Col. Dig. III, 2, 22; Viram. p. 429. 19. Ratn. p. 184; Col. Dig. III, 2, 23; Viram. p. 429. 20. Ratn. p. 184; Col. Dig. III, 2, 24. 21. Ratn. p. 185; Col. Dig. III, 2, 27; Viv. p. r10. 22. Ratn. p.186; Col. Dig. III, 2, 30; Viv. p. 116. The commentators observe that gifts obtained from a king are meant. 23, 24. Ratn. pp. 186, 187; Col. Dig. III, 2, 31; Viram. p. 432. For prakalpitam in 24, ‘what is spent,’ the last two works read rinamkritam, ‘what is borrowed.’ 350 BRIHASPATI, XVITI, 1. society, or acquired through the king’s favour, is common to all (members of the society). XVIII. Rescission oF PURCHASE AND SALE. 1. This set of rules concerning the law of agree- ments has been briefly stated ; disputes arising from purchase and sale shall be treated next. ' 2. Two sorts of property are distinguished, immovable and movable; when a purchase is concluded, the term ‘vendible property’ (pazya) is applied to both. 3. The purchaser shall examine a chattel himself and show it to others; when, after examining and approving it, he has accepted it, he is not at liberty to return it again. 4. The foolish man who sells an article, though acquainted with its blemish, shall have to pay twice its value (to the vendee), and (a fine of) the same amount (to the king). 5. What has been sold by one intoxicated or insane, or at a very low price, or under the impulse of fear, or by one not his own master, or by an idiot, shall be relinquished (by the purchaser, or it) may be recovered (from the purchaser) by forcible means. 6. Within that period, if a blemish should be
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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