Imatges de pàgina
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by (another) carriage, and he causes the death of any living being, a fine shall without doubt be imposed.

296. If a man is killed, his guilt will be at once the same as (that of) a thief; for large animals such as cows, elephants, camels or horses, half of that.

297. For injuring small cattle the fine (shall be) two hundred (panas); the fine for beautiful wild quadrupeds and birds shall amount to fifty (panas).

298. For donkeys, sheep, and goats the fine shall be five mâshas; but the punishment for killing a dog or a pig shall be one mâsha.

299. A wife, a son, a slave, a pupil, and a (younger) brother of the full blood, who have committed faults, may be beaten with a rope or a split bamboo,

300. But on the back part of the body (only), never on a noble part; he who strikes them otherwise will incur the same guilt as a thief.

301. Thus the whole law of assault (and hurt) has been declared completely; I will now explain the rules for the decision (in cases) of theft.

302. Let the king exert himself to the utmost to

considered'), and vikâritah, 'is considered (to be just).' Medh. gives besides the explanation, adopted in the translation according to Kull., another one, 'is not considered (just).' He mentions also the second reading, which Gov., Râgh., Nâr., and Nand. have, and explains it with them by 'is considered (to be just).'

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296. The same as that of a thief,' i.e. 'he must pay the highest amercement, or 1000 panas' (Medh., Gov., Nâr., Kull., Râgh., Nand.).

297-298. Vi. V, 50-54.

299-30o. Âp. I, 8, 31; Gaut. II, 43-44.

300. 'Not on a noble part,' i.e. 'not on the chest or the head, &c.' (Medh., Kull.).

punish thieves; for, if he punishes thieves, his fame grows and his kingdom prospers.

303. That king, indeed, is ever worthy of honour who ensures the safety (of his subjects); for the sacrificial session (sattra, which he, as it were, performs thereby) ever grows in length, the safety (of his subjects representing) the sacrificial fee.

304. A king who (duly) protects (his subjects) receives from each and all the sixth part of their spiritual merit; if he does not protect them, the sixth part of their demerit also (will fall on him).

305. Whatever (merit a man gains by) reading the Veda, by sacrificing, by charitable gifts, (or by) worshipping (Gurus and gods), the king obtains a sixth part of that in consequence of his duly protecting (his kingdom).

306. A king who protects the created beings in accordance with the sacred law and smites those worthy of corporal punishment, daily offers (as it were) sacrifices at which hundred thousands (are given as) fees.

307. A king who does not afford protection, (yet) takes his share in kind, his taxes, tolls and duties, daily presents and fines, will (after death) soon sink

into hell.

303-3II. Âp. II, 25, I5 ; Vas. I, 42-44; Vi. V, 196; Yông. I, 335-336, 358; see also below, IX, 252 seqq.

307. The share in kind,' i. e. 'the sixth part of the harvest' (Medh., Gov., Kull., Nâr., Râgh.), or 'the choice portions of fruit, grain, &c. to be given to the king.' 'Taxes,' i.e. ganghâdâna (Medh.), or the land-tax paid in money (Nâr.), 'monthly taxes, or taxes payable in certain months by the villagers' (Gov., Kull., Râgh.). Sulka, i. e. the tolls and duties payable by merchants and traders' (Medh., Gov., Kull., Nâr., Râgh.). For pratibhâgam, i. e. 'the daily presents of fruit, vegetables, &c.,' the so-called Dâlîs (Medh., Kull.),

308. They declare that a king who affords no protection, (yet) receives the sixth part of the produce, takes upon himself all the foulness of his whole people.

309. Know that a king who heeds not the rules (of the law), who is an atheist, and rapacious, who does not protect (his subjects, but) devours them, will sink low (after death).

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310. Let him carefully restrain the wicked by three methods, by imprisonment, by putting them in fetters, and by various (kinds of) corporal punishments.

311. For by punishing the wicked and by favouring the virtuous, kings are constantly sanctified, just as twice-born men by sacrifices.

312. A king who desires his own welfare must always forgive litigants, infants, aged and sick men, who inveigh against him.

313. He who, being abused by men in pain, pardons (them), will in reward of that (act) be exalted in heaven; but he who, (proud) of his kingly state,

Nâr. and Râgh. read pratibhogam, Gov. bhûtibhogam, and Nand. prîtibhogam, but the explanation of the first two var. lect. is the same. Prîtibhoga would however denote all 'benevolences,' which usually are called prîtidâna and are levied on particular occasions 308. Medh. and Nâr. read arakshitâram attâram, '(a king) who affords no protection, (yet) devours (his subjects and) takes, &c.' 309. Nand. reads at the end of the verse asatyam ka nripam tyaget, 'Let him forsake a king who heeds not the rules. . . and is untruthful.' This var. lect. is mentioned by Medh. Vipralumpakam (or lopakam), 'rapacious,' means according to Nâr., Nand., and Râgh.' who takes the goods of Brâhmanas or injures them.'

310. 'The wicked,' i. e. 'thieves, because the topic (is theft),' (Medh.).

311. Twice-born men,' i. e. 'Brâhmanas' (Medh., Nâr.).

forgives them not, will for that (reason) sink into hell.

314. A thief shall, running, approach the king, with flying hair, confessing that theft (and saying), 'Thus have I done, punish me;

315. (And he must) carry on his shoulder a pestle, or a club of Khadira wood, or a spear sharp at both ends, or an iron staff.

316. Whether he be punished or pardoned, the thief is freed from the (guilt of) theft; but the king, if he punishes not, takes upon himself the guilt of the thief.

317. The killer of a learned Brâhmana throws his guilt on him who eats his food, an adulterous wife on her (negligent) husband, a (sinning) pupil or sacrificer on (their negligent) teacher (or priest), a thief on the king (who pardons him).

318. But men who have committed crimes and have been punished by the king, go to heaven, being pure like those who performed meritorious deeds.

319. He who steals the rope or the water-pot from a well, or damages a hut where water is distri

314-316. Âp. I, 25, 4-5; Gaut. XII, 43-45; Vas. XX, AI; Baudh. II, 1, 16–17; Vi. LII, 1–2; Yâgñ. III, 257.

314. Medh. and Nand. read instead of dhâvatâ, 'running,' dhîmatâ, (shall approach the king) with firm determination.' But Medh. mentions the other reading too, the correctness of which is attested by Vas. loc. cit. According to the commentators and the parallel passages, a repentant thief is meant who has stolen gold belonging to a Brâhmana; see also below, XI, 199–201.

317. Vas. XIX, 44. Medh. gives verse 317 after 318, but remarks that the order ought to be inverted. He says that a priest must leave a disobedient sacrificer; else the guilt of irregularities committed by the latter will fall upon the priest.

319. 'Damages,' i. e. 'takes away the wood belonging to it' (Nâr.).

buted, shall pay one mâsha as a fine and restore the (article abstracted or damaged) in its (proper place).

320. On him who steals more than ten kumbhas of grain corporal punishment (shall be inflicted); in other cases he shall be fined eleven times as much, and shall pay to the (owner the value of his) property.

321. So shall corporal punishment be inflicted for stealing more than a hundred (palas) of articles sold by the weight, (i. e.) of gold, silver, and so forth, and of most excellent clothes.

322. For (stealing) more than fifty (palas) it is enacted that the hands (of the offender) shall be cut off; but in other cases, let him inflict a fine of eleven times the value.

323. For stealing men of noble family and especially women and the most precious gems, (the offender) deserves corporal (or capital) punishment.

324. For stealing large animals, weapons, or medicines, let the king fix a punishment, after considering the time and the purpose (for which they were destined).

'One mâsha,' i.e. ' of copper' (Medh.), ' of gold' (Gov., Kull., Nâr., Râgh.).

320. Vi. V, 12. 'A kumbha is equal to 20 or 22 prasthas of 32 palas each' (Medh.), or 'to 20 dromas of 200 palas each' (Gov., Kull., Râgh.), or 'to 200 palas' (Nâr.). Vadhah, 'corporal punishment,' i.e. 'flogging, mutilation, or even capital punishment, accord

ing to the quality of the person robbed' (Gov., Kull., Râgh.). 321. Vi. V, 13. According to Nâr. and Râgh., other things than gold and silver are to be understood by dharima, 'sold by the weight.' But Medh., Gov., and Kull. explain as above.

322. Vi. V, 81-82. Nâr. thinks that this rule refers to copper and the like metals of small value. But it is also possible to remove the seeming inconsistency, by explaining the term vadhah in the preceding verse by 'capital punishment.'

324-325. Vi. V, 77–78.

324. The purpose for which the object was destined,' i. e. 'whether

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