6 provisions; an adulterous wife, on her negligent CHAP. husband; a bad scholar and sacrificer, on their VIII. ignorant preceptor; and a thief, on the forgiving prince: 318. But men, who have committed offences, and ' have received from kings the punishment due to them, 6 go pure to heaven, and become as clear as those 'who have done well. 319. HE, who steals the rope or the water-pot from a well, and he, who breaks down a cistern, shall be fined a másha of gold; and that, which he has taken or injured, he must restore to its former condition. 320. Corporal punishment shall be inflicted on him, 'who steals more than ten cumbhas of grain (a cum'bha is twenty drónas, and a dróna, two hundred 6 6 palas): for less he must be fined eleven times as much, and shall pay to the owner the amount of his property. 321. So shall corporal punishment be inflicted for stealing commodities usually sold by weight, or more than a hundred head of cattle, or gold, or silver, or costly apparel: 322. For stealing more than fifty palas, it is enact 'ed that a hand shall be amputated: for less, the king shall set a fine eleven times as much as the ' value. 323. For CHAP. VIII. 6 323. For stealing men of high birth, and women ' above all, and the most precious gems, as diamonds or rubies, the thief deserves capital punishment. 324. For stealing large beasts, weapons, or dicines, let the king inflict adequate punishment, considering the time and the act. 325. For taking kine belonging to priests, and boring their nostrils, or for stealing their other cattle, the offender shall instantly lose half of one 'foot. 326. For stealing thread, raw cotton, materials to 'make spirituous liquor, cow-dung, molasses, curds, milk, butter-milk, water, or grass, 6 327. Large canes, baskets of canes, salt of every kind, earthen pots, clay or ashes, 328. Fish, birds, oil, or clarified butter, flesh-meat, honey, or any thing, as leather, horn, or ivory, that came from a beast, 329. Or other things not precious, or spirituous liquors, rice dressed with clarified butter, or other messes of boiled rice, the fine must be twice the ' value of the commodity stolen. 330. For stealing as much as a man can carry of flowers, green corn, shrubs, creepers, small trees, or other vegetables, enclosed by a hedge, the fine shall be five racticàs of gold or silver; 331. But for corn, pot-herbs, roots, and fruit, un 'enclosed ‹ enclosed by a fence, the fine is an hundred panas, CHAP. if there be no sort of relation between the taker VIII. and the owner; or half a hundred, if there be such ' relation. 332. If the taking be violent, and in the sight of 'the owner, it is robbery; if privately in his absence, it is only theft; and it is considered as theft, when a man, having received any thing, refuses to give ' it back. 333. On him, who steals the before-mentioned things, when they are prepared for use, let the king set the lowest amercement of the three; and • the same on him, who steals only fire from the 6 ' temple. 334. With whatever limb a thief commits the offence by any means in this world, as if he break a 'wall with his hand or his foot, even that limb shall the king amputate, for the prevention of a similar 'crime. 6 335. NEITHER a father, nor a preceptor, nor a friend, nor a mother, nor a wife, nor a son, nor a domestick priest, must be left unpunished by the king, if they adhere not with firmness to their duty. 336. WHERE another man of lower birth would ' be fined one pana, the king shall be fined a thou 6 sand, and he shall give the fine to the priests, or 'cast it into the river: this is a sacred rule. 6 337. But the fine of a Súdra for theft shall be eight-fold; that of a Vaisya, sixteen-fold; that of a Cshatriya, two and thirty-fold. 338. That of a Bráhmen, four and sixty-fold; or a hundred-fold complete, or even twice four and sixty-fold; each of them knowing the nature of his ⚫ offence. 339. The taking of roots and fruit from a large tree, in a field or a forest unenclosed, or of wood for a sacrificial fire, or of grass to be eaten by cows, MENU has pronounced no theft. 340. A PRIEST who willingly receives any thing, either for sacrificing or for instructing, from the hand of a man who had taken what the owner had not given, shall be punished even as the thief. 341. A twice-born man, who is travelling, and 'whose provisions are scanty, shall not be fined, for 'taking only two sugar canes, or two esculent roots, from the field of another man. 6 342. He, who ties the unbound, or looses the bound, cattle of another, and he, who takes a slave, a 'horse, or a carriage without permission, shall be 'punished as for theft. 343. A king, who by enforcing these laws restrains 'men from committing theft, acquires in this world fame, and, in the next, beatitude. 'seat with INDRA, and wishes for glory, which no- CHAP. 6 6 thing can change or diminish, endure for a moment 'the man, who has committed atrocious violence, as by robbery, arson, or homicide. 345. He, who commits great violence, must be con'sidered as a more grievous offender than a defamer, a thief, or a striker with a staff: 346. That king, who endures a man convicted of 'such atrocity, quickly goes to perdition, and incurs 'publick hate. 347. Neither on account of friendship, nor for the 'sake of great lucre, shall the king dismiss the perpetrators of violent acts, who spread terrour among 'all creatures. 6 348. THE twice-born may take arms, when their duty is obstructed by force; and when, in some ' evil time, a disaster has befallen the twice-born ' classes; 349. And in their own defence; and in a war for 'just cause; and in defence of a woman or a priest : 'he, who kills justly, commits no crime. 350. 6 Let a man, without hesitation, slay another, if he cannot otherwise escape, who assails him with intent to murder, whether young or old, or his preceptor, or a Bráhmen deeply versed in the scrip ture. 351. By killing an assassin, who attempts to kill, VIII. |