1 8. As long as the sacrificial rite is not completed.
19. When it has been finished (they shall) pass to
and fro on the side where there is no Utkara (i.e.
on the western side of the enclosure).
Uttaravedi and the rest is confined, the Soma is made ready imme- diately after the fire, after that the meat and so forth, after that the grain for the sacrificial cakes, then the clarified butter, and after that the spoons called sruva, sru/fc, and so forth.' — Govinda.
12. ' It is indicated hereby that, if there is work (to be done) there, they shall not turn away from the sacred fires except in cases of absolute necessity.' — Govinda.
13. 'This rule (refers to the case) when he walks with the sacred fires. It must be understood that he shall not turn his back on the fires.' — Govinda.
14. 'This rule (is to be interpreted) in the same manner (as the preceding one). Or it is prescribed by these two Sutras that the men engaged (in the sacrifice) shall go out, turning their right hand towards (the fires).' — Govinda.
15. Kltydyana Srauta Sutra V, i, IT.
16. I read with the MSS. of the text '^UvalSd ahavanfyotkarau/ The two copies of the commentary give ^StvalaA ihavaniyotkarau. Govinda says that the words antare«a tirtham must be understood. For the position of the A'atvala and the Utkara, see Professor Haug's map, where the road of the priests is also marked, though somewhat differently;
I,7,i5- PURIFICATION AT SACRIFICES. 195
20. Let him not put on the fire logs or Samidhs which have not been sprinkled (with water),
21. The Brahman (priest) and the sacrificer shall enter in front of the Ahavanlya fire.
22. Some (declare that they shall enter) behind the Ahavaniya fire.
23. The seat of the^ Brahman (priest is situated)
to the south of the Ahavanlya fire, (that) of the
sacrificer to the west of him.
24. (The seat) of the Hotri (priest is situated) to the north of the northern Srom (of the Vedi),
25. (That) of the Agnldhra priest near the Utkara,
26. (That) of the (sacrificer's) wife behind the Girhapatya fire.
27. He scatters Darbha grass on these (seats) as often as (they are used).
28. A vessel filled with water, for the purpose of
sipping, shall be appropriated to (the use of) each
(person).
29. He who has been initiated (to the performance of a sacrifice shall) keep the (following) vows :
30. Let him not proclaim the guilt of other men;
let him not become angry ; let him not weep ; let
him not look at urine and ordure.
31. If he has looked at any unclean (substance), he mutters (the verse), ' Unrestrained is the internal
23. For the seats of the priests and the other persons named in this and the following rules, see Professor Haug's plan, and Dr. Hillebrandt's Altindische Neu und Vollmondopfer, p. 190.
24. ' The northern .Srom of the Vedi, i. e. the north-western corner of the Vedi.' — Govinda.
31. Taittirtya Sawhitd III, 1,1,2, where the rule also is given. M. alone adds another Sutra, the text of which is corrupt. But it ended with the mantra undattr balaaz dhatta, &c. Taitt. S. ibid. 3.
196 BAUDHAYANA. I, 8, 16.
organ, wretched (my) eye-sight; the sun is the chief
of the (heavenly) lights ; O Dlksha, do not forsake
me!'
PRASNA I, ADHYAYA 8, KAJVZ>IKA 16.
1. There are four castes (varwa, viz.) Brahmawas, Kshatriyas, VaLsyas, and .Sudras.
2. (Males) belonging to them (may take) wives
according to the order of the castes, (viz.) a Brah-
ma wa four,
3. A Kshatriya three,
4. A VaLrya two,
5. A 6udra one.
6. Sons begotten on (wives) of equal or of the
next lower castes (are called) Savarwas (of equal
caste).
7. (Those born) of (wives) of the second or third
lower castes (become) AmbashMas, Ugras, and
Nishadas.
8. Of females wedded in the inverse order of the
castes (are born) Ayogavas, Magadhas, Vamas,
Kshattrzs, Pulkasas, Kukku/akas, Vaidehakas, and
9. An Ambash//£a (begets) on a female of the first (caste) a 6Vapaka,
10. An Ugra on a female of the second (caste) a Vai^a,
11. A Nishdda on a female of the third (caste) a Pulkasa.
16. i. Vasish/^a II, i. 2-5. Vasish/yfa I, 24-25.
6. Gautama IV, 16. 7. Vasish/tfa XVIII, 8.
8-12. Vasish/tfa XVIII, 1-6 ; Gautama IV, 17-21. In the I. O. copy of the commentary there is a break, which extends from Sutra 8 to the beginning of Adhyaya 10.
T>9> 17- CASTES.
12. In the contrary case a Kukku/aka (is pro- duced).
16. Now they quote also (the following verse):
' But those sons whom an uninitiated man begets,
the wise call Vratyas, who are excluded from the
Savitr! ; (that is a rule which refers) in an equal
manner to the three (highest) castes.'
PRASNA I, ADHYAYA 9, KANDIK& 17.
1. The Rathakara (carpenter), the AmbashMa,
the Suta (charioteer), the Ugra, the Magadha, the
Ayogava, the Varna.,, the Kshattf*', the Pulkasa, the
Kukku/a, the Vaidehaka, the ./Tattdala, and so forth,
2. Among these, sons of equal caste (spring) from women of equal caste.
3. A Brahma#a (begets) on a female of the Ksha-
triya caste a Brahma«a, on a female of the Vaijya
caste an AmbashAfca, on a female of the .Sftdra caste
a Nishada,
4. (According to) some a Pararava.
13-15. The text of the three Sfctras is exceedingly corrupt, and the Telugu copy of the commentary affords no help. It is, how- ever, clear that the passage left out contained something which corresponded to Gautama IV, 22-23, and treated of the possibility of raising persons of a lower caste to a higher one by intermarriages continued for five or seven generations. The reading of K., which perhaps is the best, will show this : ' nishadena nisbldy&d & pa«- foma^gatiT. bhavanti tarn upanayet shashMaw yi^ayet saptamo 'vi- kr/'ta^isama/Hgito sap tarn aui^isama ity ekeshaax saogna kramewa nipatanti.'
1 6. Manu X, 20.
17. 1-2. Manu X, 26-27. 3-6- See above, I, 8, 16,6-7.
198 BAUDHAYANA. 1,9,17.
5. A Kshatriya (begets) on a female of the Vawya
caste a Kshatriya, on a female of the .Sudra caste an
Ugra.
6. A Vai^ya (begets) on a female of the .Sudra caste a Rathakara.
7. A .Sttdra begets on a female of theValrya caste
a Magadha, on a female of the Kshatriya caste a
Kshatt^', but on a female of the Brahma#a caste
a .ATa»d&la.
8. A Vai.rya begets on a female of the Kshatriya
caste an Ayogava, on a female of the Brahmawa
caste a Suta.
9. If among these an AmbashMa (male) and an
Ugra (female) unite, (their son) will be born in the
direct order of the castes (Anuloma).
10. If a Kshattn (male) and a Vaidehaka (female)
unite, (their son will be) born against the order of
the castes (Pratiloma).
1 1. An Ugra (begets) on a female of the Kshattrz: caste a 6Vapaka,
12. A Vaidehaka on a female of the Ambash/^a caste a Vai«a,
13. A Nishada on a female of the ^udra caste a Pulkasa,
14. A .Sudra on a female of the Nishada caste a Kukku/aka.
1 5. The wise declare those sprung from an inter- mixture of the castes to be Vratyas.
7-8. See above, I, 8, 16, 8.
9-10. I.e. the offspring of individuals of different Anuloma castes again become Anulomas, and the offspring of individuals of different Pratiloma castes, Pratilomas.
11-12. Manu X, 19.
13-14. See above, I, 8, 16, 11-12. 15. Gautama IV, 25.
I. 10, 18. THE KING.
PRAS-NA I, ADHYAYA 10, KAMDIKA 18.
1. Let the king protect (his) subjects, receiving as
his pay a sixth part (of their incomes or spiritual
merit).
2. Brahman, forsooth, placed its majesty in the
Brahmawas, together with (the duties and privileges
of) studying, teaching, sacrificing for themselves,
sacrificing for others, liberality, and accepting (gifts),
for the protection of the Vedas ;
3. In the Kshatriyas (it placed) strength, together
with (the duties and privileges of) studying, sacri-
ficing, liberality, (using) weapons, and protecting the
treasure (and the life of) created beings, for the
growth of (good) government ;
4. In the VaLfyas (it placed the power of work),
together with (the duties of) studying, sacrificing,
liberality, cultivating (the soil), trading, and tending
cattle, for the growth of (productive) labour.
5. On the 6tldras (it imposed the duty of) serving the three higher (castes).
6. For (the Veda states), ' they were created from the feet (of Brahman)/
18. i. Vasish/^a I, 42-44. Learned Brahma«as do not pay taxes, but the king obtains a sixth part of the spiritual merit which they acquire. Hence BaudhSyana uses the general term, ' a sixth share.'
2. Vasish/^a II, 13-14- 3- Vasish/Aa II, 15-17.
4. VasishA&a II, 18-19. The words 'the power of work' are inserted by Govinda.
5. VasishMa II, 20.
6. Rig-veda X, 90, 12 ; Taittiriya Arawyaka III, 12, 6.
2OO BAUDHAYANA. I, 10, 18.
7. Let (the king) choose a domestic priest (who shall be) foremost in all (transactions).
8. Let him act according to his instructions.
9. Let him not turn back in battle.
10. Let him not strike with barbed or poisoned (weapons).
11. Let him not fight with those who are in fear,
intoxicated, insane or out of their minds, (nor with
those) who have lost their armour, (nor with) women,
infants, aged men, and Brahma»as,
1 2. Excepting assassins (atatiyin)^
13. Now they quote also (the following verse) :
*He who slays an assassin, able to teach (the Veda)
and born in a (noble) family, does not (incur) by
that (act the guilt of) the murderer of a learned
Brahma»a ; (in) that (case) fury recoils upon fury.'
14. The duty on goods imported by sea is, after deducting a choice article, ten Pa^as in the hundred.
15. Let him also lay just (duties) on other
(marketable goods) according to their intrinsic value
without oppressing (the traders).
7. Vasish/Aa XIX, 3—6. Govmda explains sarvatodhuram, 'fore- most in all/ by sarva^wam, ' omniscient.'
8. VasishMa I, 40-41. The rule, of course, refers primarily to advice in spiritual matters.
9. Gautama X, 1 6. 10. ManuVII, 90. n. Gautama X, 1 8. The meaning is that such persons shall
not be slain in, battle.
12-13. Vasish/Aa III, 18.
14. I take this to mean that the king may take one article which particularly pleases him out of each consignment, and impose on the rest an ad valorem, duty of ten per cent. Regarding the tribute in kind to be paid to Indian kings by foreign merchants, see Peri- plus maris Erythraei, par. 49.
1.5. Vishmi III, 29-30. Govinda interprets anupahatya/ without
T, 10, 19. the King | Criminal Law. 2oi
1 6. Let the king guard the property of men
belonging to a non-Brahmanical caste, the owner
of which has disappeared, during a year, and after-
wards take it (for himself).
17. A Brahma^a, forsooth, shall not suffer cor- poral punishment for any offence.
18. In case (a Brahmawa) has slain a Brahmawa,
has violated his Guru's bed, has stolen the gold
(of a Brahmawa), or has drunk (the spirituous liquor
called) Sura, (the king) shall cause to be impressed
with a heated iron the mark of a headless trunk,
a female part, a jackal, (or) the sign of a tavern
on the forehead (of the offender) and banish him
from his realm.
19. If a Kshatriya or (a man of any) other (lower
caste) has murdered a Brahmawa, death and the
confiscation of all his property (shall be his punish-
ment).
20. If those same (persons) slay men of equal or
lower castes, (the king) shall fix suitable punishments
in accordance with their ability.
PRA^NA I, ADHYAYA 10,. KAMVDIKA 19. i. For slaying a Kshatriya (the offender) shall
oppressing the traders,' by 'without deducting (anuddhr/'tya) a choice article.'
1 6. VasishMa XVI, 19-20. As stated above, I, 5, n, 15. the king must not take the property of a Brahmana.
17. Vishnu V, a. 'Corporal punishment,1 i.e. capital punish- ment, mutilation, &c., except branding. ^
18. Vishnu V, 3-7. 19, Apastaraba II, 10, 27, 16. 20. VasishMa XIX, 9. ' Those same persons,' i. e. Kshatriyas,
Vairyas, or -Sfldras.
19. i. Apastamba I, 9, 24, i. Govinda explains vairaniryata-
2O2 BAUDHAYANA. I, 10, 19.
give to the king one thousand cows and besides a. bull in expiation of his sin,
2. For (slaying) a Vai^ya one hundred cows, for
(slaying) a 6ftdra ten ; and a bull (must be) added
(in each case).
3. (The punishment for) the murder of a woman
— excepting a (Brahmaw!) who had bathed after
temporary uncleanness — and for the destruction of
a cow have been explained by the (rule regarding
the) murder of a .Sudra.
4. If he has slain a milch-cow or a draught-ox,
he shall perform a A^andrayawa (lunar penance) after
(paying the prescribed fine).
5. The (punishment for the) murder of a (Brah-
ma^l) who had bathed after temporary uncleanness
has been explained by (the rule regarding) the
murder of a Kshatriya.
6. For killing a flamingo, a Bhasa, a peacock,
a Brahma^t duck, a Pra/£alaka, a crow, an owl, a
frog, a musk-rat, a dog, (the large ichneumon called)
Babhru, a common ichneumon, and so forth, (the
offender shall pay) the same (fine) as (for the murder
of) a .5udra.
7. In order to gain the good opinion of men,
a witness shall give evidence in accordance with
what he has seen or heard.
