55. 'Another commentator explains the Sutra 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, 7-8; Manu X, 121-123.
57. Manu X, 1 2 4. 58-59. Manu X, 125. 60. Manu X, 99.
234 GAUTAMA. X, 65.
may use the exclamation nama/fc (adoration) as his Mantra.
65. Some (declare), that he himself may offer the Pakaya^was.
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 Brahmawas.
2. (He shall be) holy in acts and speech,
3. Fully instructed in the threefold (sacred science) and in logic,
4. Pure, of subdued senses, surrounded by com-
65. Manu X, 127. Regarding the Pakaya^was, see above, VIII, 1 8.
67. ' There is equality between them, i. e. the one need not serve the other. A .Sfidra need not serve even a Brahmawa, (much less) any other (twice-born man) who lives the life of a non-Aryan (Sudra). A .SQdra, 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 .Sastras; 'holy in speech,' i.e. when administering justice he shall not speak partially.
3. Manu VII, 43; Y%«avalkya I, 310. Haradatta thinks that the term 'the threefold sacred science includes the fourth Veda also, because it consists chiefly of JZikas and Ya^us formulas/
4. Manu VII, 30-31 ; Ya^wavalkya I, 354; Apastamba II, n, 27, 1 8. 'Of subdued senses, i.e. free from the (seven) vices
Xi, 12. the Duties of a King. 235
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 Brahmaffas, shall worship him
who is seated on a higher seat, (while they them-
selves sit on a) lower (one).
8. The (Brahma?zas), 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 Brahmarca who is learned (in the Vedas),
of noble family, eloquent, handsome, of (a suitable)
age, and of a virtuous disposition, who lives right-
eously and who is austere.
(common among kings), i. e. sensuality, gambling, hunting, drink- ing, &c.' — Haradatta. The means (upaya) are those mentioned by Ya^wavalkya I, 345-346.
5. Manu VII, 80; Ya^«avalkya I, 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- manas, 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^wavalkya I, 360. ij. Manu VIII, 304; Ya^dfavalkva I, 334.
12. Manu VII, 78; Ya^rwavalkya I, 312. Haradatta explains vaksampanna, ' eloquent,' by ' one who knows Sanskrit.' According to the same, 'the (suitable) age' is the prime of life, when men
236 GAUTAMA. XI, 13.
13. With his assistance he shall fulfil his religious duties.
14. For it is declared (in the Veda) : ' Kshatriyas,
who are assisted by Brahmawas, prosper and do not
fall into distress.'
15. He shall, also, take heed of that which astro- logers and interpreters of omens tell (him).
1 6. For some (declare), that the acquisition of wealth and security depend also 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.
1 8. Officiating priests (shall perform) the other (sacrifices) according to the precepts (of the Veda).
are neither too young nor too old. 'Austere' is interpreted to mean ' not given to sensual enjoyments/
13. Manu VII, 78. 14. -Satapatha-brahma«a IV, i, 4, 4-6.
17. Apastamba II, 10, 25, 4, 7. «Santis, '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; Ya£«avalkya I, 313. Haradatta says that by the 'other1 sacrifices, both Grihya. and .SYauta rites are meant. I think that the latter are chiefly intended, as the Sawzskaras are included under the rites of festive days, mentioned in the preceding Sutra.
Xi, 25. the Duties of a King. 237
19. His administration of justice (shall be regu-
lated by) the Veda, the Institutes of the Sacred Law,
the Arigas, and the Purawa.
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 artisans (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.
25. If (the evidence) is conflicting, he shall learn (the truth) from (Brahmawas) who are well versed in
19. The Arigas, i.e. the six auxiliary branches of learning mentioned above, VIII, 5. My best copy inserts ' the Upavcdas ' after the Ahgas. But the words upaveda^ and dharma^lstraV/i, ' 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; Manu VII, 203; VIII, 41, 46;
Ya^Tzavalkya 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, Mitakshara II, 8, 8. Haradatta remarks, that this Sutra refers to the case where the spokesmen of a guild may be suspected of partiality.
25. Manu XII, 108-113. According to Haradatta this Sutra refers to particularly difficult cases.
238 GAUTAMA. XT, 26.
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#as,
united with Kshatriyas, uphold gods, manes, and
men.'
28. They declare, that (the word) daWa (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.
30. Those who act in a contrary manner perish, being born again in various (evil conditions).
31. The advice of the spiritual teacher and the punishment (inflicted by the king) guard them.
32. Therefore a king and a spiritual teacher must not be reviled.
CHAPTER XII.
i. A .Sftdra who intentionally reviles twice-born
men by criminal abuse, or criminally assaults them
with blows, shall be deprived of the limb with which
he offends.
26. Apasiamba II, 5, n, 4. 29. Apastamba II, 5, n, 10.
30. Apastamba II, 5, n, n. 'Perish, i.e. fall from one mis- fortune into the other/ — Haradatta.
31. Apastamba If, 5, 10, 12-16. 32. Manu VII, 8. XII. i. Apastamba II, 10, 27, 14; Manu VIII, 270, 279-283 ;
Xii, 0. Criminal and Civil Law. 239
2. If he has criminal intercourse with an Aryan
woman, his organ shall be cut oft", and all his property
be confiscated.
3. If (the woman had) a protector, he shall be
executed after (having undergone the punishments
prescribed above).
4. Now if he listens intentionally to (a recitation
of) the Veda, his ears shall be filled with (molten)
tin or lac.
5. If he recites (Vedic texts), his tongue shall be cut out.
6. If he remembers them, his body shall be split in twain.
7. If he assumes a position equal (to that of
twice-born men) in sitting, in lying down, in conver-
sation or on the road, he shall undergo (corporal)
punishment.
8. A Kshatriya (shall be fined) one hundred (Karshapawas) if he abuses a Brahmawa,
9. In case of an assault, twice as much.
Yagwavalkya II, 2 1 5. Haradatta adds that an abusive word or a blow given in jest must not be punished in the manner prescribed above, as the word 'parushya' presupposes criminal intent.
2. Apastamba II, 10, 26, 20; Mayukha XIX, 7, where, however, drya has been altered to aHrya. Haradatta adds that the two punishments are cumulative in the case of a Brahmam only. If the offence is committed with a Kshatriya, the offender is liable to the first only ; if he sins with a Vaijya, to the second.
3. Apastamba II, 10, «./, 9; Manu VIII, 359; Ya^«avalkya II, 286.
7. Apastamba II, 10, 27, 15; Manu VIII, 281. — The transla- tion follows Haradatta, who is guided by the parallel passages. But for the latter, one would translate ' he shall be fined.'
8. Manu VIII, 267; Ya^navaikya III, 204-207. Manu VIII, 136 states one Karshapa»a or copper Pa«a contains 80 Raktikas, which would correspond to 97-60 grammes of the metrical system.
240 GAUTAMA. XII, 10.
10. A Vaisya (who abuses a Brahmawa, shall pay) one and a half (times as much as a Kshatriya).
11. But a Br&hmawa (who abuses) a Kshatriya (shall pay) fifty (Karshapawas),
12. One half of that (amount if he abuses) a VaLfya,
13. (And if he abuses) a .Sudra, nothing.
14. A Kshatriya and a Vai^ya (who abuse one
another shall pay the same fines) as a Brahmawa
and a Kshatriya.
15. (The value of) property which a .Sudra un-
righteously acquires by theft, must be repaid eight-
fold.
16. For each of the other castes (the fines must be) doubled.
17. If a learned man offends, the punishment shall be very much increased.
1 8. If fruits, green corn, and vegetables are
appropriated in small amounts, (the fine is) five
Krz'sh»alas (of copper).
10. Maim VIII, 267. n. Manu VIII, 268.
12. Manu VIII, 268.
13. Manu VIII, 268. Haradatta adds that, as a Brahmawa is declared to pay nothing for abusing a -Sudra, a Kshatriya and a Vauya are liable to be fined for that offence, and that according to U-ranas a Kshatriya shall pay twenty-four Pawas, and a Vaisya thirty-six.
14. I.e. a VaLrya shall pay one hundred Pawas for abusing a Kshatriya, and a Kshatriya fifty for abusing a Vauya.
15. Manu VIII, 337.
16. Manu VIII, 337-338. I.e. a Vaijya is to pay sixteen
times the value of the stolen property, a Kshatriya thirty-two
times, and a Brahmana sixty-four times.
17. Manu VIII, 338.
1 8. Manu VIII, 330. K/Yshwala is another name for RaktikS,
Xii, 29. Criminal and Civil Law. 241
19. If damage is done by cattle, the responsibility falls on the owner.
20. But if (the cattle) were attended by a herds- man, (it falls) on the latter.
21. (If the damage was done) in an unenclosed
field near the road, (the responsibility falls) on the
herdsman and on the owner of the field.
