may be (made to fall) in the cases of the three (lower) castes (varna); but a Brâhmana shall depart unhurt (from the country).

125. (These are) the organ, the belly, the tongue, the two hands, and fifthly the two feet, the eye, the nose, the two ears, likewise the (whole) body.

126. Let the (king), having fully ascertained the motive, the time and place (of the offence), and having considered the ability (of the criminal to suffer) and the (nature of the) crime, cause punishment to fall on those who deserve it.

127. Unjust punishment destroys reputation among men, and fame (after death), and causes even in the next world the loss of heaven; let him, therefore, beware of (inflicting) it.

128. A king who punishes those who do not deserve it, and punishes not those who deserve it, brings great infamy on himself and (after death) sinks into hell.

129. Let him punish first by (gentle) admonition, afterwards by (harsh) reproof, thirdly by a fine, after that by corporal chastisement.

130. But when he cannot restrain such (offenders) even by corporal punishment, then let him apply to them even all the four (modes conjointly).

131. Those technical names of (certain quantities of) copper, silver, and gold, which are generally used

126. Gaut. XII, 51; Yâgñ. I, 367. Anubandham, 'the motive,' includes according to Gov. and Kull. also 'the frequency of the offence.' Nâr. gives the latter meaning alone. Nand. reads aparâdham, the offence.' Instead of sârâparâdhau Nand. reads sârâsâram, the strength or weakness (of the offender).' 127-128. Yâgn. I, 356; Vi. XIX, 43.

129-130. Yâgn. I, 366.

131-138. Vi. IV, 1–14; Yâgй. I, 361–365.

on earth for the purpose of business transactions among men, I will fully declare.

132. The very small mote which is seen when the sun shines through a lattice, they declare (to be) the least of (all) quantities and (to be called) a trasarenu (a floating particle of dust).

133. Know (that) eight trasarenus (are equal) in bulk (to) a likshâ (the egg of a louse), three of those to one grain of black mustard (râgasarshapa), and three of the latter to a white mustard-seed.

134. Six grains of white mustard are one middlesized barley-corn, and three barley-corns one krishnala (raktikâ, or gunga-berry); five krishnalas are one mâsha (bean), and sixteen of those one

suvarna.

135. Four suvarnas are one pala, and ten palas one dharana; two krishnalas (of silver), weighed together, must be considered one mâshaka of silver.

136. Sixteen of those make a silver dharana, or purâna; but know (that) a karsha of copper is a kârshâpana, or pana.

137. Know (that) ten dharanas of silver make one satamâna; four suvarnas must be considered (equal) in weight to a nishka.

138. Two hundred and fifty panas are declared (to be) the first (or lowest) amercement, five (hundred) are considered as the mean (or middlemost), but one thousand as the highest.

139. A debt being admitted as due, (the defendant)

134. The krishnala or raktikâ (ratti) is still used by jewellers and goldsmiths. It corresponds to o.122 grammes, or 1.875 grains. 136. A karsha = 16 mâshas = 80 krishnalas.

139. Vi. VI, 20-21; Yâgn. II, 42. According to Nâr. 'some only have this verse.

shall pay five in the hundred (as a fine), if it be denied (and proved) twice as much; that is the teaching of Manu.

140. A money-lender may stipulate as an increase of his capital, for the interest, allowed by Vasishtha, and take monthly the eightieth part of a hundred.

141. Or, remembering the duty of good men, he may take two in the hundred (by the month), for he who takes two in the hundred becomes not a sinner for gain.

142. Just two in the hundred, three, four, and five (and not more), he may take as monthly interest according to the order of the castes (varna).

143. But if a beneficial pledge (i. e. one from which profit accrues, has been given), he shall receive no interest on the loan; nor can he, after keeping (such) a pledge for a very long time, give or sell it.

140. Gaut. XII, 29; Yâgñ. II, 37. The rule occurs in our Vâsishtha Dharmasâstra II, 51. The amount is fifteen per cent per annum. According to Kull. (on verse 141), Nâr., Râgh., and Nand. this rule refers to a debt secured by a pledge, and the correctness of this view is proved by the parallel passage of Yâgn.

141-142. Vas. II, 48; Vi. VI, 2; Yâgn. II, 37. This rule refers, according to the same commentators, to unsecured loans. A Brahmana is to pay two per cent per month, a Kshatriya three, a Vaisya four, and a Sûdra five. Med. and Gov. think that the rule refers to cases where the creditor is unable to live on the smaller interest.

143. Gaut. XII, 32; Vi. VI, 5. 'A beneficial pledge,' i. e. 'land, cattle, slaves, &c.' According to Medh., Gov., and Nâr., the last clause refers to pledges which are not used. But Kull. objects that this is contrary to the common practice of the Sishtas, and Râgh. refers to Yâgй. II, 58, where it is clearly stated that beneficial pledges only are never lost, while those which are merely kept are lost when the original debt is doubled by unpaid interest.

144. A pledge (to be kept only) must not be used by force, (the creditor), so using it, shall give up his (whole) interest, or, (if it has been spoilt by use) he shall satisfy the (owner) by (paying its) original price; else he commits a theft of the pledge.

145. Neither a pledge nor a deposit can be lost by lapse of time; they are both recoverable, though they have remained long (with the bailee).

146. Things used with friendly assent, a cow, a camel, a riding-horse, and (a beast) made over for breaking in, are never lost (to the owner).

147. (But in general) whatever (chattel) an owner sees enjoyed by others during ten years, while, though present, he says nothing, that (chattel) he shall not recover.

148. If (the owner is) neither an idiot nor a minor and if (his chattel) is enjoyed (by another) before his eyes, it is lost to him by law; the adverse possessor shall retain that property.

149. A pledge, a boundary, the property of infants, an (open) deposit, a sealed deposit, women, the property of the king and the wealth of a Srotriya are not lost in consequence of (adverse) enjoyment.

144. Vi. VI, 5; Yâgn. II, 59. According to Medh. clothes, &c., are meant; according to Kull, and Râgh. clothes, ornaments, &c.; according to Nâr. beds and so forth. Nâr. thinks that the expression 'the value' refers to the profit made by the use of the pledge.

145. Vi. VI, 7–8; Yâgñ. II, 58. According to Medh. the pledge spoken of here is 'a pledge for keeping which is forcibly used.' Upanidhi, ‘a deposit,' means according to Medh., Gov., Kull. (who however refers the term also to deposits), Râgh., and Nand. anything lent to another out of friendship;' according to Nâr. ‘an additional pledge, given subsequently, in order to complete the security for the loan.'

24.

147-148. Gaut. XII, 37; Vas. XVI, 16–17; Yâgũ. II, 149. Vas. XVI, 18; Gaut. XII, 38–39; Yâgñ. II, 25. 'Women,'

150. The fool who uses a pledge without the permission of the owner, shall remit half of his interest, as a compensation for (such) use.

151. In money transactions interest paid at one time (not by instalments) shall never exceed the double (of the principal); on grain, fruit, wool or hair, (and) beasts of burden it must not be more than five times (the original amount).

152. Stipulated interest beyond the legal rate, being against (the law), cannot be recovered; they call that a usurious way (of lending); (the lender) is (in no case) entitled to (more than) five in the hundred.

153. Let him not take interest beyond the year, nor such as is unapproved, nor compound interest, periodical interest, stipulated interest, and corporal interest.

i. e. 'female slaves and the like.' Râgh. adds that their offspring is not lost to the owner. Upanidhih, a sealed deposit' (Gov., Kull., Nâr., and Râgh.).

150. According to the commentators this is the consequence, resulting from the secret unpermitted use of a pledge in ordinary cases, while the loss of the whole interest ensues in the case of a forcible use in contravention of a special prohibition.

151. Gaut. XII, 31, 36; Vi. VI, 11-15; Yâgñ. II, 39. The interest here intended is such which is not paid by instalments, but becomes due together with the principal. According to the commentators, the whole sum payable, i. e. the interest together with the principal, shall not exceed the double of the sum lent, or in the special cases mentioned, five times that amount.

152. According to Gov. and Nâr. this verse entitles the moneylender to take five per cent from Aryans, not from Sûdras only.

153. Gaut. XII, 30, 34–35. 'A creditor may take for the term of a year interest which has been settled by the following agreement, "When one, two, or three months have passed, the interest on the (capital) shall be calculated and be paid to me at one time;" but he shall not take the interest according to the agreement after