2)2,- And (those payable by) owners of ships and carts.
34. He must feed these (persons while they work for him).
35. The merchants shall (each) give (every month
one) article of merchandise for less than the market
value,
36. Those who find lost (property) the owner of which is not (known), shall announce it to the king.
37. The king shall cause it to be proclaimed (by
the public crier), and (if the owner does not appear)
hold it in his custody for a year.
2!^. Afterwards one fourth (of the value goes) to the finder (and) the remainder to the king.
39. A (man becomes) owner by inheritance, pur- chase, partition, seizure, or finding.
and that his object is to forbid the appKcation of the whole revenue to the personal expenses of the ruler.
31. Manu VII, 131.
32. Haradatta says that wood-carriers, dancers, and the like are intended.
36-38. Manu VIII, 30-36; Y%uavalkya II, 33, 173; INIac- naghten, Mitakshara V, i, 6.
39. Manu X, 115; JMayukha IV, i, 2; Colebrooke, INIitakshara I, I, 8; III, Digest IV, 22. 'Partition, i.e. the division (of the estate) between brothers and other (coparceners) ; seizure, i. e. the appropriation before (others) of forest trees and other things which have no owner ; finding, i. e. the appropriation of lost property the owner of which is unknown, such as treasure- trove.' — Haradatta.
X, 50. Lawful Occupations and Livelihood. 2 29
40. Acceptance is for a Brahma;^a an additional (mode of acquisition) ;
41. Conquest for a Kshatriya ;
42. Gain (by labour) for a Vai-?ya or .Sudra.
43. Treasure-trove is the property of the king,
44. Excepting (such as is found) by a Brahma/^a who lives according to (the law).
45. Some declare, that a finder of a non-Brah-
manical caste even, who announces (his find to the
king), shall obtain one sixth (of the value).
46. Having recovered property stolen by thieves, he shall return it to the owner ;
47. Or (if the stolen property is not recovered) he shall pay (its value) out of his treasury.
48. The property of infants must be protected
until they attain their majority or complete their
studentship.
49. The additional (occupations) of a Vai^ya are,
agriculture, trade, tending cattle, and lending money
at interest.
50. The ^'udra (belongs to) the fourth caste, which has one birth (only).
43. Manu VIII, 38; Ya^-fiavalkya II, 34; Macnaghten, Mita- kshara V, i, 10.
44. Manu VIII, 37 ; Y%navalkya II, 34 ; Macnaghten loc. cit.
46. Manu VIII, 40; Y%navalkya II, 36; Macnaghten, Mita- kshara V, i, 14.
47. Apastamba II, 10, 26, 8; Macnaghten loc. cit.
48. Manu VIII, 27.
49. Apastamba II, 5, 10, 7.
50. Apastamba I, i, i, 5; Manu X, 4. Between this Sfitra and the next, my MSS. insert an additional one, not found in Professor Stenzler's edition, 6'udrasyapi nishekapuwsavanasimantonnayana^a- takarmanamakara«opanishkrama«annapras'ana/('aulanyamantraka;/i yathakalam upadish/ani/i, ' for the ^Cidra also the Nisheka (or impregnation), tlie Pu?«savana (or rite for securing male offspring),
230 GAUTAMA. X, 51.
51. For him also (are prescribed) truthfulness, meekness, and purity.
52. Some (declare), that instead of sipping water, he shall wash his hands and feet.
53. (He shall also offer) the funeral oblations,
54. Maintain those depending upon him,
55. Live with his wife (only),
56. And serve the higher (castes).
57. From them he shall seek to obtain his liveli- hood.
58. (He shall use their) cast-off shoes, umbrellas, garments, and mats (for sitting on),
59. (And) eat the remnants of their food ;
60. And (he may) live by (practising) mechanical arts;
61. And the Arya under whose protection he
places himself, must support him even if he (be-
comes) unable to work.
the Simantonnayana (or arranging the parting of a pregnant wife), the G^atakarman (or ceremony on the birth of the child), the name-giving, the first walk in the open air, the first feeding, and the A'aula (or tonsure of the child's head) are prescribed to be performed at the proper periods, but without the recita- tion of sacred texts.' But I am inclined to consider it spurious : firstly, because there is no proper commentary ; secondly, because the enumeration of the Sawskaras given here does not agree with that given above, VIII, 14; and thirdly, because, according to the practice of Gautama, this Siatra should begin with 'tasyapi' instead of with '6'udrasyapi,' and the 'tasyapi' in the next would become superfluous. The rule agrees however with Manu X, 63, 127. 51. Manu IX, 335. 53. Manu X, 127-128.
55. 'Another commentator explains the SCitra to mean that he shall live with his wife only, and never enter another order (i.e. never become a student, hermit, or ascetic).' — Haradatta.
56. Apastamba I, i, i, 6-7; INIanu X, 121-123.
57. Manu X, 124. 58-59. Manu X, 125. 60. Manu X, 99.
Xi, 3- the Duties of a King. 23 1
62. And a man of higher caste (who is his master
and has fallen into distress must be maintained) b)'
him.
62). His hoard shall serve this purpose.
64. If permission has been given to him, he
may use the exclamation nama// (adoration) as his
Mantra.
65. Some (declare), that he himself may offer the Pakaya^nas.
66. And all men must serve those who belong to higher castes.
67. If Aryans and non-Aryans interchange their
occupations and conduct (the one taking that of the
other, there is) equality (between them).
Chapter XI.
1. The king is master of all, with the exception of Brahma/zas.
2. (He shall be) holy in acts and speech,
3. Fully instructed in the threefold (sacred science) and in logic,
65. Manu X, 127. Regarding the Pakaya^nas, see above, VIII, 18.
67. ' There is equality between them, i. e. the one need not serve the other. A ^iidra need not serve even a Brahnia^a, (much less) any other (twice-born man) who lives the Ufe of a non-Aryan (.Sudra). A iSudra, even, who conducts himself like an Aryan must not be despised by men of other castes, who follow the occupations of non-Aryans, on account of his inferior birth.' — Haradatta.
XI. I. Macnaghten, Mitakshara I, i, 27; Manu IX, 313-322; Weber, Ind. Stud. X, 29, 60.
2. Manu VII, 26. 'Holy in acts,' i.e. constantly acting in con- formity with the 6'astras; 'holy in speech,' i. e. when administering justice he shall not speak partially.
3. Manu VII, 43; \%navalkya I, 310. Haradatta thinks that
232 GAUTAMA. XI, 4.
4. Pure, of subdued senses, surrounded by com-
panions possessing excellent qualities and by the
means (for upholding his rule).
5. He shall be impartial towards his subjects ;
6. And he shall do (what is) good for them.
7. All, excepting Brahma/^as, shall worship him
who is seated on a higher seat, (while they them-
selves sit on a) lower (one).
8. The (Brahma;ms), also, shall honour him.
9. He shall protect the castes and orders in ac- cordance with justice ;
10. And those who leave (the path of) duty, he shall lead back (to it).
11. For it is declared (in the Veda) that he ob-
tains a share of the spiritual merit (gained by his
subjects).
12. And he shall select as his domestic priest (purohita) a Brahma7/a who is learned (in the Vedas),
the term ' the threefold sacred science includes the fourth Veda also, because it consists chiefly of i?//Jas and Ya^us formulas.'
4. Manu VII, 30-31 ; Ya^navalkya I, 354 ; Apastamba II, 11, 27, 18. 'Of subdued senses, i.e. free from the (seven) vices (common among kings), i. e. sensuality, gambling, hunting, drink- ing, &c.' — Haradatta. The means (upaya) are those mentioned by YcViiavalkya I, 345-346.
5. Manu VII, 80 ; Ya^^fiavalkya T, 333.
6. ' And he shall do what is good, i. e. dig tanks, build embank- ments and bridges &c. for them, i. e. his subjects.' — Haradatta.
7. ' (On a) lower (one), i. e. on the ground only.' — Haradatta. This is still the custom in native courts, where, however, Brah- ma«as, as a rule, must also sit on the floor.
8. ' Honour him,' i. e. worship him by invoking blessings on him and the like.
9. Manu VII, 35. 10. Ya^navalkya I, 360.
11. Manu VIII, 304; Ya.o-fiavalkya I, 334.
12. Manu VII, 78; Ya^navalkya 1,312. Haradatta explains vaksampanna, 'eloquent,' by 'one who knows Sanskrit.' According
Xi, 18. the Duties of a King. 233
of noble family, eloquent, handsome, of (a suitable)
age, and of a virtuous disposition, who lives right-
eously and who is austere.
1 3. With his assistance he shall fulfil his religious
duties.
14. For it is declared (in the Veda) : ' Kshatrlyas,
who are assisted by Brahma//as, prosper and do not fall into distress.'
15. He shall, also, take heed of that which astro- logers and interpreters of omens tell (him).
16. For some (declare), that the acquisition of wealth and security depend upon that.
17. He shall perform in the fire of the hall the
rites ensuring prosperity which are connected with
expiations (^anti), festivals, a prosperous march, long
life, and auspiciousness ; as well as those that are
intended to cause enmity, to subdue (enemies), to
destroy (them) by incantations, and to cause their
misfortune.
18. Officiating priests (shall perform) the other (sacrifices) according to the precepts (of the Veda).
to the same, ' the (suitable) age ' is the prime of life, when men are neither too young nor too old. 'Austere' is interpreted to mean ' not given to sensual enjoyments.'
13. Manu VII, 78. 14. 6'atapatha-brahma«a IV, i, 4, 4-6.
17. Apastamba II, 10, 25, 4, 7. 6'antis, 'expiations,' are rites intended to avert an impending misfortune which is announced by an evil omen. ' Festivals ' are, according to Haradatta, wedding-days and the like ; ' rites connected with auspiciousness ' are, according to the same, rites on entering a new dwelling and the like. Hara- datta further remarks that, though, according to the text, the king must perform these rites, he is, in reality, only to give the neces- sary orders, and to furnish the means for their performance, while the Purohita is to officiate as priest. He adds, that another com- mentator asserts that ' the Purohita,' not ' the king,' must be taken as the subject of the sentence.
18. Manu VII, 78-79; Y%ilavalkya I, 313- Haradatta says
2 34 GAUTAMA. XI, 19.
19. His administration of justice (shall be regu-
lated by) the Veda, the Institutes of the Sacred Law,
the Aiigas, and the Pura;^a.
20. The laws of countries, castes, and families,
which are not opposed to the (sacred) records, (have)
also authority.
21. Cultivators, traders, herdsmen, money-lenders,
and artizans (have authority to lay down rules) for
their respective classes.
22. Having learned the (state of) affairs from
those who (in each class) have authority (to speak
he shall give) the legal decision.
23. Reasoning is a means for arriving at the truth.
24. Coming to a conclusion through that, he shall decide properly.
that by the ' other ' sacrifices, both Gr/hya and 6'rauta rites are meant. I think that the latter are chiefly intended, as the Saw/skaras are included under the rites of festive days, mentioned in the preceding Siltra.
19. The Ahgas, i. e. the six auxiliary branches of learning mentioned above, VIII, 5. My best copy inserts 'the Upavedas ' after the Ahgas. But the words upaveda// and dharma.yastrawi, ' the institutes of law,' are probably interpolations. For the latter are already included by the term Ahga, as part of the Kalpa.
20. Apastamba II, 6, 15, i; INIanu VII, 203; VIII, 41, 46; Ya_o-riavalkya I, 342. ' The (sacred) records, i. e. the Vedas and the rest.' — Haradatta.
22. 'Having learned, i.e. having heard and considered, from them, i. e. from men of those classes, according to their authority, i. e. from those who in each class are authorised to give decisions, the (state of) affairs, i. e. the peculiar customs, the legal decision must be given in accordance with that which they declare to be the rule in their community.' — Haradatta.
23. Manu VIII, 44 ; XII, 105-106; Macnaghten, IMitakshara II, 8, 8. Haradatta remarks, that this Sutra refers to the case where the spokesmen of a guild may be suspected of partiality.
Xi, 3:;. the Duties of a King. 2^0
25. If (the evidence) is conflictino;, he shall learn
(the truth) from (Brahma;/as) who are well versed in
the threefold sacred lore, and give his decision
(accordingly).
26. For, (if he acts) thus, blessings will attend him (in this world and the next).
27. It has been declared In the Veda: ' Brahma;ms.
united with Kshatriyas, uphold gods, manes, and
men.'
28. They declare, that (the word) da/^^/a (rule or
punishment) is derived from (the verb) damayati (he
restrains) ; therefore he shall restrain those who do
not restrain themselves.
29. (Men of) the (several) castes and orders who
always live according to their duty enjoy after
death the rewards of their works, and by virtue of a
remnant of their (merit) they are born again in ex-
cellent countries, castes, and families, (endowed) with
beauty, long life, learning in the Vedas, (virtuous)
conduct, wealth, happiness, and wisdom.
