87. He should give it to men who are well versed in the three Vcdas.
CHAPTER XVIII.
1 . They declare that the offspring of a .Sftdra and of a female of the Brahmawa caste becomes a A'aWala,
2. (That of a -Sudra and) of a female of the Ksha- triya caste, a Varna,
3. (That of a .Sildra and) of a female of the Vai-fya caste, an Antyavasayin.
4. They declare that the (son) begotten by a
Vaisya on a female of the Brahma^a caste becomes
a Ramaka,
5. (The son begotten by the same) on a female of the Kshatriya caste, a Pulkasa.
6. They declare that the (son) begotten by a
Kshatriya on a female of the Brahma^a caste becomes
a Suta.
7. Now they quote also (the following verse) :
' One may know by their deeds those who have been
begotten secretly, and to whom the stigma of springing
from unions in the inverse order of the castes attaches,
because they are destitute of virtue and good conduct.'
87. Vishnu XVII, 14.
XVIII. i. Vishmi XVI, 6.
4. Kmhwapaffttfta reads Romaka, 'a Roman,' for R&maka, and the B. MS. supports him. The other MSS., including I. O. 913, give tht reading adopted above. I prefer it, as there is no reason to assume that the Vasish/Aa Dharmajastra belongs to the late period when the Hindus had become aware of the existence of the Roman empire. On the other hand, it may be urged that Romaka is a correction which would easily suggest itself to a Pandit, who was unable to find a parallel passage in which the word Ramaka occurs.
6. Vishmi XVI, 6. 7. Manu X, 40.
Xviii, 16. Mixed Castes. 95
8. (Children) begotten by Brdhma»as, Kshatriyaa,
and Vai^yas on females of the next lower, second
lower, and third lower castes become (respectively)
AmbashAfcas, Ugras, and Nishadas.
9. (The son of a Brahmana and) of a .Sudra woman (is) a Para^ava.
10. They declare that the condition of a Parana va
is that of one who, though living, is (as impure) as
a corpse.
11. Some call that .Sudra race a burial-ground
12. Therefore (the Veda) must not be recited in the presence of a 6*udra.
13. Now they quote also the (following) verses, which Yama proclaimed :
' The wicked .Sudra-race is manifestly a burial-
ground. Therefore (the Veda) must never be recited
in the presence of a .Sudra/
14. ' Let him not give advice to a .Sudra, nor what
remains from his table, nor (remnants of) offerings
(to the gods) ; nor let him explain the holy law to
such a man, nor order him (to perform) a penance.'
15. 'He who declares the law to such a man, and
he who instructs him in (the mode of) expiating (sin),
sinks together with that very man into the dreadful
hell, (called) Asa^vrzta.'
1 6. 'If ever a worm is produced in an open wound
(on his body), he shall purify himself by the Pra^a-
patya penance, and give gold, a cow, (and) a garment
as presents (to Brahma»as).'
8. Gautama IV, 16.
10. I omit the words Java iti mrrtakhyi, 'a corpse is another name for one who has died/ as an interpolation.
ri. Apastamba I, 3, 9, 9. ia, Vishnu XXX, 14.
14-15. Identical with Manu IV, 80-81.
1 6. A Pr%apatya penance, i. e. a KrifcWra, see below, XXI, 20.
96 VASTSHTFA. XVIII, 17.
17. Let him not approach a wife of the
caste after he has built the fire-altar for a 6rauta-
sacrifice.
1 8. For a .Sudra-wife who belongs to the black
race, (is espoused) for pleasure, not in order to fulfil
the law.
CHAPTER XIX.
1 . The particular duty of a king is to protect (all)
beings ; by fulfilling it (he obtains) success (in this
world and in the next).
2. Those learned (in the sacred law) declare that
to be free from fear and pity is, indeed, a life-long
sacrificial session (sattra, to be performed by the
king).
3. Therefore let him appoint a domestic priest
to (perform the rites) obligatory on the order of
householders.
4. It is declared in the Veda, ' A realm where a Brahmawa is appointed domestic priest, prospers ; '
5. For thus both (the special duties of a king and those of a householder) will be fulfilled,
6. And (the king alone is) unable (to do both).
7. Let the king, paying attention to all the laws
of countries, (subdivisions of) castes (£"ati) and
families, make the four castes (van/a) fulfil their
(respective) particular duties.
The verse belongs rather to the section on penances, and seems to have been entered here merely because it stood in Yatna's text with the other two, and the author, to use a homely Indian com- parison, ' did not disdain to catch a fish, though he went to fetch water.'
XIX. i. Vishmi III, 2. 2. Manu VIII, 306.
3. Vishnu III, 70. 4. Gautama XI, 14.
7. Vishnu III, 3 : Gautama XI, 20.
XIX, rg. DUTIES OF A KING.
8. Let him punish those who stray from (the path of duty).
9. But punishment must be awarded in cases of
assault and abuse after (due consideration of) the
particular place and time (where and when the
offence was committed), of the duties, age, learning
(of the parties), and the seat (of the injury),
10. In accordance with (the precepts of) the (sacred) records and with precedents.
11. Let him not injure trees that bear fruit or flowers.
12. (But) he may injure them in order to extend cultivation and (for sacrifices).
1 3. The measures and weights of objects necessary for households must be guarded (against falsification).
14. Let him not take property for his own use from (the inhabitants of) his realm.
15. The measures and price (of such property)
only shall be liable to deductions (in the shape of
taxes),
8. Vishmi III, 37.
9. Gautama XII, 51. Krzsh«apaWita has two Sutras instead of one, and reads the second hi/nsaknwayoA kalpa^. The majority of the MSS. have, however, kalpa"(^), which I consider to be a mistake for kalpya^, ' must be awarded.'
11. Vishmi V, 55-56. The meaning of the Sutra is that the king is to punish those who commit such acts.
12. The explicit permission to cut down trees for sacrificial purposes is given Vish«u LI, 63.
13. Manu Vin, 403.
14-15. The translation of these two Sutras is not certain, because the words nfhdra and naiharika are not found elsewhere in the sense which has been attributed to them here. Still I think it very probable that Kr*sh»apa»<fita's explanation nirhara and nirhaTe sadhu is right, and that the king is exhorted not to take the property of his subjects by force, but to levy taxes according to the value or the measure of the articles sold.
Cm] H
98 VASiSHrtfA. xix, 16.
17. On the march against the enemy the army
which consists of companies of ten, shall be able to
perform a double (duty).
1 8. In every (camp) there shall be places where water is distributed
19. Let him make one hundred men at the least engage in battle.
20. The wives (of slain soldiers) shall be pro- vided for.
22. A ferry shall be taken away (from a river) in which there is no water.
23. A .Srotriya is free from taxes, (and so are) a servant of the kin^, one who has no protector,
1 6. The Sutra has been left out, as the text is corrupt, and I am unable to suggest any emendation. Kn'sh»apa»</ita's explanation is not worth giving.
17. 'The army which consists of companies of ten,' i.e. the lowest subdivision of which consists of ten parts, viz. one elephant, one chariot, two horsemen, and three foot soldiers. Such a body is called a patti. The larger divisions, like the sen^mukha,' battalion,' &c., are formed by three, nine, or twenty-seven pattis. Though I am unable to adduce any positive proof for it, v&ha must, according to the connexion in which it stands, be a synonym of patti. ' The double duty ' of the army is, according to Kr;'sh«apa«</ita, marching and fighting.
21. The Sutra is utterly corrupt, and cannot be restored with the help of the MSS. at my disposal. It probably referred to the amount of duties to be levied on goods sold in the market.
22. The meaning of the Sutra seems to be, that on those rivers, where the water either runs off or is very low during the dry season, the ferrymen must not be allowed to exact a toll from people cross- ing without their help. Such a rule would not be superfluous, as most Indian rivers are perfectly fordable between December and June, but impassable without boats in the other five months.
23. Apastamball, 10, 26, 10, 12-17; Manu VIII, 394. Kn'shna-
XIX, 29. DUTIES OF A KING.
one who has left (the order of householders), an
infant, a very aged man, a young man (who studies),
and pradatas ;
24. (Moreover widows) who return to their
former (family), unmarried maidens, and the wives
of servants,
25. He who swims with his arms (across a river
in order to escape payment of a toll at a ferry) shall
pay one hundred times (the amount due).
26. No taxes (shall be paid) on the usufruct of
rivers, dry grass, forests, (places of) combustion, and
mountains ;
27. Or those who draw their subsistence from them may pay (something),
28. But he shall take a monthly tax from artisans.
29. And when a king has died, let him give what is required for the occasion.
pamfita correctly points out that, though according to I, 43, all BrSh- ma«as are to be free from taxes, the .Srotriya or Vaidik is mentioned once more in order to show that a king, however distressed, must not take anything from him (Manu VII, 133). Kr/sh»apa»<fita reads instead of pradatas, praditSraA, ' very liberal men.' Manu loc. cit. exempts 'those who confer great benefits on priests of eminent learning' from paying taxes. His emendation would, there- fore, be acceptable if the word pradata^ did not occur in the same connexion above, XI, 7.
24. Apastamba II, 10, 26, ii.
25. I read with the majority of the MSS. bahubhy&muttaraw&fca- tagunaw dadyat.
26. Knsh«apa«<fi . explains diha, ' (places of) combustion,' by agni, ' fire.' I am not certain what he means thereby. To me it seems most probable that Vasish//fca intends ' a place of cremation ' (dahasthala), though it is just possible to refer the expression to the jungle fires, which the aboriginal tribes light in the forests, in order to sow their Nagli in the ground manured by the ashes.
28. Gautama X, 31.
29. Kr/sh«apa«<flta refers this and the following five Sutras to
100 VASISHrFA. XIX, 30.
30. It is hereby explained that (his) mother (must receive) maintenance.
31. Let the king maintain the paternal and maternal uncles of the chief-queen,
32. As well as her other relatives.
33. The wives of the (deceased) king shall receive food and raiment,
34. Or if they are unwilling, they may depart.
35. Let the king maintain eunuchs and madmen,
36. Since their property goes to him.
37. Now they quote also a verse proclaimed by
Manu, which refers to duties and taxes, * No duty
(is paid) on a sum less than a Karshapa«a, there
is no tax on a livelihood gained by art, nor on an
infant, nor on a messenger, nor on what has been
received as alms, nor on the remnants of property
left after a robbery, nor on a -Srotriya, nor on an
ascetic, nor on a sacrifice.'
the case where a king has conquered a foreign country ; compare also Vishnu III, 47-48. I think that Sutras 30-31 conclusively show that these rules are intended to regulate the conduct of a king on the death of his predecessor and his own accession to the throne.
34. Kr*sh»apa«</ita thinks that the queens unwilling to accept a bare subsistence may go wherever they like. I think the word used in the text points rather to their becoming ascetics.
35. This rule refers apparently to eunuchs and insane persons left with money, but without near relatives, with whom they are united in interest. Vishmi III, 65.
37. I translate the one word julka by ' duties and taxes.' The term has a great many different meanings in the law books, and is in this verse apparently" used in two senses.' Kr/sh»apaw<fita is of a different opinion, and thinks that the persons named are free from paying a julka in case they trade. The chief objection is that trading ascetics and .Srotriyas are not known to the ancient writers, though they are common enough in modern India.
Xix, 46. Duties of a King. Ioi
38. A thief becomes free from guilt by entering
(the royal presence) after (his deed and asking to be
punished).
39. But according to some (lawyers) he (who is
caught) with weapons in his hands, with stolen goods
in his possession, or covered with wounds is proved
(to be a criminal).
40. In case (a criminal) worthy of punishment is
allowed to go free, the king shall fast during one
(day and one) night ;
