B 352469
ARTES
LIBRARY
1837
SCIENTIA
VERITAS
OF THE
UNIVERSITY OF MICHIGAN
EXC PLURIOUS
TUEBOR
SI QUÆRIS-PENINSULAM AMŒNAM
CIRCUMSPICE
p.58.67.
To gene 57
VIG
4
MÁNAVA-DHERMA-SÁSTRA.
VOLUME II.
ENGLISH TRANSLATION.
R Wat
་
MÁNAVA-DHERMA-SÁSTRA;
OR
THE INSTITUTES OF MENU.
EDITED BY
GRAVES CHAMNEY HAUGHTON, M.A. F.R.S.
&c. &c. &c.
PROFESSOR OF HINDU LITERATURE IN THE EAST-INDIA COLLEGE.
VOLUME II.
ENGLISH TRANSLATION.
LONDON:
PRINTED BY COX AND BAYLIS, GREAT QUEEN STREET,
LINCOLN'S INN FIELDS.
1825.
INSTITUTES
OF
HINDU LAW:
OR,
THE ORDINANCES OF MEN U,
ACCORDING TO THE
GLOSS OF CULLÚCA.
COMPRISING THE
INDIAN SYSTEM OF DUTIES,
RELIGIOUS AND CIVIL.
VERBALLY TRANSLATED FROM THE ORIGINAL, WITH A PREFACE,
BY SIR WILLIAM JONES.
A NEW EDITION,
COLLATED WITH THE SANSCRIT TEXT,
BY
GRAVES CHAMNEY HAUGHTON, M.A. F.R.S. &c. &c.
Professor of Hindu Literature in the East-India College.
LONDON:
PRINTED BY COX AND BAYLIS, GREAT QUEEN STREET.
1825.
1
350.954
M294
H37
v. 2
ADVERTISEMENT.
HAVING been for some time engaged in preparing the
Institutes of Menu for publication in the Sanscrit lan-
guage, it appeared to me, that as Sir WILLIAM JONES'S
translation had been long out of print, a new edition
would not only be acceptable to the publick at large,
but more especially to those engaged in the study of
the Sanscrit language, as the great difficulty of the
original text made some help of the kind indispensable.
In consequence the version of the learned translator
has been carefully revised and compared; and as va-
riations, though of trifling importance, have been dis-
covered, they have been carefully recorded at the end
of the work. The discrepancies in question may have
arisen from some variety in the readings of the ma-
nuscripts consulted by Sir WILLIAM JONES. It appeared,
however, advisable to take some notice of those which
seemed of most importance to the Sanscrit student.
The learned translator intended, as he has stated in
his Preface, to mark by Italick letters all that he
a 2
had
309764
ii
ADVERTISEMENT.
had borrowed from the Commentators on Menu, and to
print the text of his author in Roman letters ; an ar-
rangement that was intended to afford the reader a
precise idea of the original work. It will easily be under-
stood by persons accustomed to the preparation of works
for the press, that a rule like this would be occasionally
forgotten. And indeed it has sometimes, though rarely,
occurred, that passages have been printed in Italick
that should have been put in Roman letters. Every
attention has therefore been paid to fulfil the transla-
tor's intentions, and the reader may be certain that this
singularly interesting record of antiquity is now sub-
mitted to him with an exactness and fidelity not attained
in the former editions. But it is fair to state, that the
first and twelfth books are those which are least literal:
this is more particularly the case with the latter. The
peculiarity of the doctrines contained in these books
will account for the fact, and at the same time explain
the difficulty the learned translator laboured under in
conveying ideas so novel in their nature to the English
reader. When, however, the probable antiquity of the
original work, and the occasional obscurity of some of
its texts, are considered, it must be conceded, that the
translator has been generally happy in his interpreta-
tion. The great celebrity which has attended the work
since
ADVERTISEMENT.
iii
since its first appearance in England, encourages a hope
that its republication will meet the approbation of those,
who, though unacquainted with Oriental literature, take
an interest in whatever regards the history of the human
mind, and the progress of civilization, to which Euro-
pean nations are under so many obligations.
East-India College, Herts,
6th Jan. 1825.
G. C. HAUGHTON.
PREFACE
BY
SIR WILLIAM JONES.
Ir is a maxim in the science of legislation and govern-
ment, that Laws are of no avail without manners, or, to
explain the sentence more fully, that the best intended
legislative provisions would have no beneficial effect even
at first, and none at all in a short course of time, unless
they were congenial to the disposition and habits, to the
religious prejudices, and approved immemorial usages
of the people for whom they were enacted; especially
if that people universally and sincerely believed, that
all their ancient usages and established rules of conduct
had the sanction of an actual revelation from heaven :
the legislature of Britain having shown, in compliance
with this maxim, an intention to leave the natives of
these Indian provinces in possession of their own Laws,
at least on the titles of contracts and inheritances, we
may humbly presume, that all future provisions, for the
administration
viii
THE PREFACE.
!
administration of justice and government in India, will be
conformable, as far as the natives are affected by them,
to the manners and opinions of the natives themselves;
an object, which cannot possibly be attained, until those
manners and opinions can be fully and accurately known.
These considerations, and a few others more immediately
within my province, were my principal motives for wish-
ing to know, and have induced me at length to publish,
that system of duties, religious and civil, and of law in
all its branches, which the Hindus firmly believe to
have been promulged in the beginning of time by MENU,
son or grandson of BRAHMA', or, in plain language, the
first of created beings, and not the oldest only, but
the holiest, of legislators; a system so comprehensive
and so minutely exact, that it may be considered as
the Institutes of Hindu Law, preparatory to the copious
Digest, which has lately been compiled by Pandits of
eminent learning, and introductory perhaps to a Code,
which may supply the many natural defects in the old
jurisprudence of this country, and, without any devia-
tion from its principles, accommodate it justly to the
improvements of a commercial age.
1
We are lost in an inextricable labyrinth of imaginary
astronomical cycles, Yugas, Maháyugas, Calpas, and Men-
wantaras, in attempting to calculate the time, when the
first
THE PREFACE.
ix
first MENU, according to the Bráhmens, governed this
world, and became the progenitor of mankind, who from
him are called Mánaváh; nor can we, so clouded are
the old history and chronology of India with fables and
allegories, ascertain the precise age, when the work, now
presented to the Publick, was actually composed; but
we are in possession of some evidence, partly extrinsick
and partly internal, that it is really one of the oldest
compositions existing. From a text of PARA'SARA, dis-
covered by Mr. DAVIS, it appears, that the vernal equi-
nox had gone back from the tenth degree of Bharani
to the first of Aswinì, or twenty-three degrees and twenty
minutes, between the days of that Indian philosopher,
and the year of our Lord 499, when it coincided with
the origin of the Hindu ecliptick; so that PARa'sara pro-
bably flourished near the close of the twelfth century
before CHRIST: now PARA'SARA was the grandson of an-
other sage, named VA'SISHT'HA, who is often mentioned
in the laws of MENU, and once as contemporary with the
divine BHRIGU himself; but the character of ВHRIGU,
and the whole dramatical arrangement of the book be-
fore us, are clearly fictitious and ornamental, with a
design, too common among ancient lawgivers, of stamp-
ing authority on the work by the introduction of super-
natural personages, though VA'SISHT'HA may have lived
b
many
X
THE PREFACE.
many generations before the actual writer of it ; who
names him, indeed, in one or two places, as a philoso-
pher in an earlier period. The style, however, and metre
of this work (which there is not the smallest reason to
think affectedly obsolete) are widely different from the
language and metrical rules of CA'LIDA'S, who unques-
tionably wrote before the beginning of our era; and
the dialect of MENU is even observed, in many passages,
to resemble that of the Véda, particularly in a departure
from the more modern grammatical forms; whence it
must at first view seem very probable, that the laws,
now brought to light, were considerably older than those
of SOLON or even of LYCURGUS, although the promulga-
tion of them, before they were reduced to writing, might
have been coeval with the first monarchies established
in Egypt or Asia: but, having had the singular good
fortune to procure ancient copies of eleven Upanishads,
with a very perspicuous comment, I am enabled to fix
with more exactness the probable age of the work be-
fore us, and even to limit its highest possible age, by a
mode of reasoning, which may be thought new, but will
be found, I persuade myself, satisfactory; if the Pub-
lick shall on this occasion give me credit for a few
very curious facts, which, though capable of strict proof,
can at present be only asserted. The Sanscrit of the
three
THE PREFACE.
xi
three first Védas (I need not here speak of the fourth),
that of the Mánava Dherma Sástra, and that of the
Puránas, differ from each other in pretty exact propor-
tion to the Latin of NUMA, from whose laws entire
sentences are preserved, that of APPIUS, which we see
in the fragments of the Twelve Tables, and that of CI-
CERO, or of LUCRETIUS, where he has not affected an
obsolete style: if the several changes, therefore, of San-
scrit and Latin took place, as we may fairly assume, in
times very nearly proportional, the Védas must have
been written about 300 years before these Institutes,
and about 600 before the Puránas and Itihásas, which, I
am fully convinced, were not the productions of Vya´sa ;
so that, if the son of PARA'SARA committed the tradi-
tional Védas to writing in the Sanscrit of his father's
time, the original of this book must have received its
present form about 880 years before CHRIST's birth. If
the texts, indeed, which VYA'SA collected, had been
actually written, in a much older dialect, by the sages
preceding him, we must inquire into the greatest possi-
ble age of the Védas themselves: now one of the long-
est and finest Upanishads in the second Véda contains
three lists, in a regular series upwards, of at most
forty-two pupils and preceptors, who successively re-
ceived and transmitted (probably by oral tradition) the
b 2
doctrines
xii
THE PREFACE.
doctrines contained in that Upanishad; and as the old
Indian priests were students at fifteen, and instructors
at twenty-five, we cannot allow more than ten years, on
an average, for each interval between the respective
traditions; whence, as there are forty such intervals,
in two of the lists, between VYA'sa, who arranged the
whole work, and Ava'sa, who is extolled at the begin-
ning of it, and just as many, in the third list, between
the compiler and Ya'JNYAWALCYA, who makes the prin-
cipal figure in it, we find the highest age of the Yajur
Véda to be 1580 years before the birth of our Saviour,
(which would make it older than the five books of Mo-
SES) and that of our Indian law tract about 1280 years be-
fore the same epoch. The former date, however, seems
the more probable of the two, because the Hindu sages
are said to have delivered their knowledge orally, and
the very word Sruta, which we often see used for the
Véda itself, means what was heard; not to insist, that
CULLU'CA expressly declares the sense of the Véda to be
conveyed in the language of VYA'SA. Whether MENU
or MENUS in the nominative and MENO's in an oblique
case, was the same personage with MINOS, let others
determine; but he must indubitably have been far older
than the work, which contains his laws, and, though
perhaps he was never in Crete, yet some of his institu-
tions
THE
xili
THE PREFACE.
tions may well have been adopted in that island, whence
LYCURGUS, a century or two afterwards, may have im-
ported them to Sparta.
There is certainly a strong resemblance, though ob-
scured and faded by time, between our MENU with his
divine Bull, whom he names as DHERMA himself, or
the genius of abstract justice, and the MNEUES of Egypt
with his companion or symbol, Apis; and, though we
should be constantly on our guard against the delusion
of etymological conjecture, yet we cannot but admit
that MINOS and MNEUES, or Mneuis, have only Greek
terminations, but that the crude noun is composed of
the same radical letters both in Greek and in Sanscrit.
That APIs and MNEUIS,' says the Analyst of ancient
Mythology, were both representations of some per-
sonage, appears from the testimony of LYCOPHRON and
his scholiast; and that personage was the same, who
6
in Crete was styled MINOS, and who was also repre-
'sented under the emblem of the Minotaur: DIODORUS,
'who confines him to Egypt, speaks of him by the
title of the bull Mneuis, as the first lawgiver, and says,
"That he lived after the age of the gods and heroes,
“when a change was made in the manner of life among
66 men; that he was a man of a most exalted soul, and
"a great promoter of civil society, which he benefited
"6
'by
xiv
THE PREFACE.
A
66
<
6
,
by his laws; and those laws were unwritten, and re-
"ceived by him from the chief Egyptian deity HERMES,
"who conferred them on the world as a gift of the high-
"est importance." He was the same, adds my learned
friend, with MENES, whom the Egyptians represented
as their first king and principal benefactor, who first
"sacrificed to the gods, and brought about a great change
' in diet.' If MINOS, the son of JUPITER, whom the
Cretans, from national vanity, might have made a na-
tive of their own island, was really the same person
with MENU, the son of BRAHMA', we have the good for-
tune to restore, by means of Indian literature, the most
celebrated system of heathen jurisprudence, and this
work might have been entitled The Laws of MINOS; but
the paradox is too singular to be confidently asserted,
and the geographical part of the book, with most of the
allusions to natural history, must indubitably have been
written after the Hindu race had settled to the south
of Himálaya. We cannot but remark that the word
MENU has no relation whatever to the Moon; and that it
was the seventh, not the first, of that name, whom the
Bráhmens believe to have been preserved in an ark from
the general deluge: him they call the Child of the Sun,
to distinguish him from our legislator; but they assign
to his brother YAMA the office (which the Greeks were
pleased
THE PREFACE.
XV
pleased to confer on MINOS) of Judge in the shades be-
low.
The name of MENU is clearly derived (like menes, mens,
and mind) from the root men to understand; and it sig-
nifies, as all the Pandits agree, intelligent, particularly
in the doctrines of the Véda, which the composer of
our Dherma Sástra must have studied very diligently;
since great numbers of its texts, changed only in a few
syllables for the sake of the measure, are interspersed
through the work and cited at length in the commen-
taries: the Publick may, therefore, assure themselves,
that they now possess a considerable part of the Hindu
scripture, without the dullness of its profane ritual or
much of its mystical jargon. DA'RA SHUCU'H was per-
suaded, and not without sound reason, that the first
MENU of the Bráhmens could be no other person than
the progenitor of mankind, to whom Jews, Christians,
and Muselmáns unite in giving the name of Adam; but,
whoever he might have been, he is highly honoured by
name in the Véda itself, where it is declared, that what-
ever MENU pronounced, was a medicine for the soul;'
6
and the sage VRIHASPETI, now supposed to preside over
the planet Jupiter, says in his own law tract, that ME-
6
6
NU held the first rank among legislators, because he
⚫ had expressed in his code the whole sense of the Véda;
• that
xvi
THE PREFACE.
• that no code was approved, which contradicted MENU
6
that other Sástras, and treatises on grammar or logick,
' retained splendour so long only, as MENU, who taught
•
6
the way to just. wealth, to virtue, and to final happiness,
' was not seen in competition with them;' VYA'sa too,
the son of PARA'SARA before mentioned, has decided, that
'the Véda with its Angas, or the six compositions de-
6
6
duced from it, the revealed system of medicine, the
Puránas, or sacred histories, and the code of MENU,
were four works of supreme authority, which ought
never to be shaken by arguments merely human.'
It is the general opinion of Pandits, that BRAHMA
taught his laws to MENU in a hundred thousand verses,
which MENU explained to the primitive world in the
very words of the book now translated, where he names
himself, after the manner of ancient sages, in the third
person; but, in a short preface to the law tract of NA'RED,
it is asserted, that MENU, having written the laws of
· BRAHMA in a hundred thousand slócas or couplets,
'arranged under twenty-four heads in a thousand chap-
ters, delivered the work to NA'RED, the sage among
6
<
6
gods, who abridged it, for the use of mankind, in
twelve thousand verses, and gave them to a son of
'BHRIGU, named SUMATI, who, for greater ease to the
'human race, reduced them to four thousand; that mor-
'tals
THE PREFACE.
xvii
tals read only the second abridgement by SUMATI,
'while the gods of the lower heaven, and the band of
'celestial musicians, are engaged in studying the pri-
mary code, beginning with the fifth verse, a little
6
6
6
varied, of the work now extant on earth; but that
nothing remains of NA'RED's abridgement, except an
'elegant epitome of the ninth original title on the ad-
'ministration of justice.' Now, since these institutes
consist only of two thousand six hundred and eighty
five verses, they cannot be the whole work ascribed to
SUMATI, which is probably distinguished by the name
of the Vriddha, or ancient, Mánava, and cannot be
found entire; though several passages from it, which
have been preserved by tradition, are occasionally cited
in the new digest.
A number of glosses or comments on MENU were com-
posed by the Munis, or old philosophers, whose trea-
tises, together with that before us, constitute the Dher-
ma Sástra, in a collective sense, or Body of Law; among
the more modern commentaries, that called Médhátiť'hi,
that by GOVINDARAJA, and that by DHARANI'-DHERA,
were once u the greatest repute; but the first was rec-
koned prolix and unequal; the second, concise but ob-
scure; and the third, often erroneous. At length ap-
peared CULLUCA BHATTA; who, after a painful course
C
of
xviii
THE PREFACE.
of study and the collation of numerous manuscripts,
produced a work, of which it may, perhaps, be said
very truly, that it is the shortest, yet the most luminous,
the least ostentatious, yet the most learned, the deep-
est, yet the most agreeable, commentary ever composed
on any author ancient or modern, European or Asiatick.
The Pandits care so little for genuine chronology, that
none of them can tell me the age of CULLU'CA, whom
they always name with applause; but he informs us
himself, that he was a Bráhmen of the Váréndra tribe,
whose family had been long settled in Gaur or Bengal,
but that he had chosen his residence among the learned
on the banks of the holy river at Cási. His text and
interpretation I have almost implicitly followed, though
I had myself collated many copies of MENU, and among
them a manuscript of a very ancient date his gloss is
here printed in Italicks; and any reader, who may choose
to pass it over as if unprinted, will have in Roman letters
an exact version of the original, and may form some idea
of its character and structure, as well as of the Sanscrit
idiom, which must necessarily be preserved in a verbal
translation; and a translation, not scrupulously verbal,
would have been highly improper in a work on so deli-
cate and momentous a subject as private and criminal
jurisprudence.
Should
THE PREFACE.
xix
Should a series of Bráhmens omit, for three genera-
tions, the reading of MENU, their sacerdotal class, as
all the Pandits assure me, would in strictness be for-
feited; but they must explain it only to their pupils of
the three highest classes; and the Bráhmen, who read
it with me, requested most earnestly, that his name
might be concealed; nor would he have read it for any
consideration on a forbidden day of the moon, or with-
out the ceremonies prescribed in the second and fourth
chapters for a lecture on the Véda: so great, indeed,
is the idea of sanctity annexed to this book, that, when
the chief native magistrate at Banares endeavoured, at
my request, to procure a Persian translation of it, be-
fore I had a hope of being at any time able to under-
stand the original, the Pandits of his court unanimously
and positively refused to assist in the work; nor should
I have procured it at all, if a wealthy Hindu at Gayà
had not caused the version to be made by some of his
dependants, at the desire of my friend Mr. LAW. The
Persian translation of MENU, like all others from the
Sanscrit into that language, is a rude intermixture of
the text, loosely rendered, with some old or new com-
ment, and often with the crude notions of the translator;
and, though it expresses the general sense of the original,
c 2
+
yet
1
XX
THE PREFACE.
yet it swarms with errours, imputable partly to haste, and
partly to ignorance: thus where MENU says, that emis-
saries are the eyes of a prince, the Persian phrase makes
him ascribe four eyes to the person of a king; for the
word chár, which means an emissary in Sanscrit, signifies
four in the popular dialect.
The work, now presented to the European world,
contains abundance of curious matter extremely inte-
resting both to speculative lawyers and antiquaries, with
many beauties, which need not be pointed out, and with
many blemishes, which cannot be justified or palliated.
It is a system of despotism and priestcraft, both indeed
limited by law, but artfully conspiring to give mutual
support, though with mutual checks; it is filled with
strange conceits in metaphysicks and natural philosophy,
with idle superstitions, and with a scheme of theology
most obscurely figurative, and consequently liable to
dangerous misconception; it abounds with minute and
childish formalities, with ceremonies generally absurd
and often ridiculous; the punishments are partial and
fanciful; for some crimes, dreadfully cruel, for others
reprehensibly slight; and the very morals, though rigid
enough on the whole, are in one or two instances (as
in the case of light oaths and of pious perjury) unac-
countably
ed: nevertheless, a sp
Jenevolence to mankind, and of a
ss to all sentient creatures, pervades th
work; the style of it has a certain austere majesty, tha
sounds like the language of legislation and extorts a
respectful awe; the sentiments of independence on all
beings but GOD, and the harsh admonitions even to
kings, are truly noble; and the many panegyricks on
the Gayatrì, the Mother, as it is called, of the Véda,
prove the author to have adored (not the visible material
sun, but) that divine and incomparably greater light, to
use the words of the most venerable text in the Indian
scripture, which illumines all, delights all, from which all
proceed, to which all must return, and which alone can
irradiate (not our visual organs merely, but our souls and)
our intellects. Whatever opinion in short may be formed
of MENU and his laws, in a country happily enlightened
by sound philosophy and the only true revelation, it must
be remembered, that those laws are actually revered, as
the word of the Most High, by nations of great impor-
tance to the political and commercial interests of Europe,
and particularly by many millions of Hindu subjects,
hose well directed industry would add largely to the
o ask no mo
xxii
THE PREFACE.
protection for their persons and places of abode, justice
in their temporal concerns, indulgence to the prejudices
of their old religion, and the benefit of those laws,
which they have been taught to believe sacred, and
which alone they can possibly comprehend.
W. JONES.
CONTENTS.
Chapter
Page
I.
On the Creation; with a Summary of the Contents…………..
1
II.
On Education; or on the First Order
20
III. On Marriage; or on the Second Order
.59
104
IV. On Economicks, and Private Morals .
V.
On Diet, Purification, and Women...................... 144
VI.
On Devotion; or on the Third and Fourth Orders...... 171
VII. On Government; or on the Military Class ....... 187
VIII. On Judicature; and on Law, Private and Criminal ….. 222
IX. On the Commercial and Servile Classes...........
287
X.
On the Mixed Classes, and on Times of Distress
340
XI.
On Penance and Expiation
361
XII. On Transmigration and final Beatitude
406
THE
LAWS OF MEN U,
SON OF BRA H M A'.
CHAP. I.
On the Creation; with a Summary of the Contents.
I.
1. MENU sat reclined, with his attention fixed on CHAP.
one object, the Supreme GOD; when the divine Sages
approached him, and, after mutual salutations in due
form, delivered the following address:
6
<
2. Deign, sovereign ruler, to apprize us of the sa-
'cred laws in their order, as they must be followed by
all the four classes, and by each of them, in their
'several degrees, together with the duties of every
mixed class;
6
3. For thou, Lord, and thou only among mortals,
'knowest the true sense, the first principle, and the
prescribed ceremonies, of this universal, supernatural
Véda, unlimited in extent and unequalled in authority.'
4. HE,
6
B
2
ON THE CREATION; WITH A
CHAP:
I.
4. HE, whose powers were measureless, being thus
requested by the great Sages, whose thoughts were
profound, saluted them all with reverence, and gave
them a comprehensive answer, saying: 'Be it heard!
6
6
5. This universe existed only in the first divine idea
yet unexpanded, as if involved in darkness, impercep-
tible, undefinable, undiscoverable by reason, and un-
'discovered by revelation, as if it were wholly immers-
•ed in sleep:
"
6. Then the sole self-existing power, himself undis-
cerned, but making this world discernible, with five
'elements and other principles of nature, appeared with
' undiminished glory, expanding his idea, or dispelling
the gloom.
6
<
7.
6
HE, whom the mind alone can perceive, whose
essence eludes the external organs, who has no visible
parts, who exists from eternity, even HE, the soul of
all beings, whom no being can comprehend, shone
• forth in person.
،
6
8. 6
HE, having willed to produce various beings from
' his own divine substance, first with a thought created
'the waters, and placed in them a productive seed:
<
1
9. The seed became an egg bright as gold, blazing
like the luminary with a thousand beams; and in that
egg, he was born himself, in the form of BRAHMA',
the great forefather of all spirits.
10. The waters are called nárá, because they were
• the
SUMMARY OF THE CONTENTS.
3
I.
the production of NARA, or the spirit of GOD; and CHAP.
'since they were his first ayana, or place of motion, he
'thence is named NA'RA'YANA, or moving on the waters.
11. From THAT WHICH IS, the first cause, not the
object of sense, existing every where in substance, not
existing to our perception, without beginning or end,
was produced the divine male, famed in all worlds
' under the appellation of BRAHMA'.
<
6
<
،
6
6
•
12. In that egg the great power sat inactive a whole
year of the Creator, at the close of which, by his
thought alone, he caused the egg to divide itself;
6
13. And from its two divisions he framed the heaven
above and the earth beneath: in the midst he placed
the subtil ether, the eight regions, and the permanent
receptacle of waters.
6
14. From the supreme soul he drew forth Mind,
existing substantially though unperceived by sense,
immaterial; and before mind, or the reasoning power,
'he produced consciousness, the internal monitor, the
ruler;
6
C
6
15. And, before them both, he produced the great
principle of the soul, or first expansion of the divine
idea; and all vital forms endued with the three quali-
'ties of goodness, passion, and darkness; and the five
perceptions of sense, and the five organs of sensation.
6
16. Thus, having at once pervaded, with emanations
'from the Supreme Spirit, the minutest portions of six
principles
B 2
6
4
ON THE CREATION; WITH A
CHAP. principles immensely operative, consciousness and the
five perceptions, He framed all creatures;
I.
6
6
6
17. And since the minutest particles of visible na-
ture have a dependence on those six emanations from
GOD, the wise have accordingly given the name of
• s'arira or depending on six, that is, the ten organs on
• consciousness, and the five elements on as many percep-
6
6
tions, to His image or appearance in visible nature:
18. Thence proceed the great elements, endued with
peculiar powers, and Mind with operations infinitely
subtil, the unperishable cause of all apparent forms.
<
19. This universe, therefore, is compacted from the
'minute portions of those seven divine and active prin-
ciples, the great Soul, or first emanation, consciousness,
and five perceptions; a mutable universe from immuta-
'ble ideas.
6
6
"
6
C
·
20. Among them each succeeding element acquires
the quality of the preceding; and, in as many degrees
as each of them is advanced, with so many properties.
is it said to be endued.
21. He too first assigned to all creatures distinct
names, distinct acts, and distinct occupations; as they
had been revealed in the pre-existing Véda.
22.
6
HE, the supreme Ruler, created an assemblage
of inferior Deities, with divine attributes and pure
'souls; and a number of Genii exquisitely delicate;
and he prescribed the sacrifice ordained from the be-
ginning.
23. From
1
SUMMARY OF THE CONTENTS.
5
6
(
<
23. From fire, from air, and from the sun he milk- CHAP.
ed out, as it were, the three primordial Védas, named
Rich, Yajush and Sáman, for the due performance of
the sacrifice.
24 He gave being to time and the divisions of time,
• HE
to the stars also, and to the planets, to rivers, oceans,
' and mountains, to level plains, and uneven valleys.
<
25. To devotion, speech, complacency, desire, and
wrath, and to the creation, which shall presently be
mentioned; for He willed the existence of all those
• created things.
6
6
26. 6
For the sake of distinguishing actions, He
• made a total difference between right and wrong, and
6
(
enured these sentient creatures to pleasure and pain,
cold and heat, and other opposite pairs.
27. 'With very minute transformable portions, call-
ed mátrás, of the five elements, all this perceptible
world was composed in fit order;
28. And in whatever occupation the supreme Lord
'first employed any vital soul, to that occupation the
same soul attaches itself spontaneously, when it re-
'ceives a new body again and again.
6
6
6
29. Whatever quality, noxious or innocent, harsh
or mild, unjust or just, false or true, He conferred
on any being at its creation, the same quality enters
it of course on its future births;
I.
30. · As
6
ON THE CREATION; WITH A
CHAP.
I.
6
30. As the six seasons of the year attain respec-
tively their peculiar marks in due time and of their
' own accord, even so the several acts of each em-
bodied spirit attend it naturally.
6
6
<
31. That the human race might be multiplied, He
'caused the Bráhmen, the Cshatriya, the Vaisya, and
the Súdra (so named from the scripture, protection,
'wealth, and labour) to proceed from his mouth, his
arm, his thigh, and his foot.
6
6
<
32. Having divided his own substance, the mighty
'Power became half male, half female, or nature active
and passive; and from that female he produced VIRAJ :
33. Know Me, O most excellent of Bráhmens, to
be that person, whom the male power VIRAJ, having
performed austere devotion, produced by himself;
Me, the secondary framer of all this visible world.
<
6
6
34. It was I, who, desirous of giving birth to a race
' of men, performed very difficult religious duties, and
'first produced ten Lords of created beings, eminent in
6
⚫ holiness.
6
35. MARICHI, ATRI, ANGIRAS, PULASTYA, PULAHA,
'CRATU, PRACHETAS, or DACSHA, VASISHT'HA, BHRIGU,
' and NA'RADA:
6
36. They, abundant in glory, produced seven other
Menus, together with deities, and the mansions of
deities, and Maharshis, or great Sages, unlimited in
'power;
· 37. Benevolent
SUMMARY OF THE CONTENTS.
7
6
I.
37. Benevolent genii, and fierce giants, blood-thirsty CHAP.
savages, heavenly quiristers, nymphs and demons, huge
serpents and snakes of smaller size, birds of mighty
wing, and separate companies of Pitris, or progenitors
• of mankind;
6
6
38. Lightnings and thunder-bolts, clouds and co-
'loured bows of Indra, falling meteors, earth-rending
vapours, comets, and luminaries of various degrees;
6
6
6
6
6
39. Horse-faced sylvans, apes, fish, and a variety
of birds, tame cattle, deer, men, and ravenous beasts
with two rows of teeth
<
;
40. Small and large reptiles, moths, lice, fleas, and
common flies, with every biting gnat, and immovable
• substances of distinct sorts.
6
6
41. Thus was this whole assemblage of stationary
應
​6
and movable bodies framed by those high-minded
beings, through the force of their own devotion, and
6 at my command, with separate actions allotted to
• each.
6
.
42. Whatever act is ordained for each of those
'creatures here below, that I will now declare to you,
6
6
6
6
together with their order in respect to birth.
43. Cattle and deer, and wild beasts with two rows
6
of teeth, giants, and blood-thirsty savages, and the
race of men, are born from a secundine;
6
44. Birds are hatched from eggs, so are snakes,
crocodiles, fish without shells, and tortoises, with other
· animal
8
ON THE CREATION; WITH A
CHAP. animal kinds, terrestrial, as chamelions, and aquatick,
I.
6
6
6
as shell-fish:
6
45. From hot moisture are born biting gnats, lice,
fleas, and common flies; these, and whatever is of
the same class, are produced by heat.
46. All vegetables, propagated by seed or by slips,
grow from shoots: some herbs, abounding in flowers
and fruits, perish when the fruit is mature;
6
47. Other plants, called lords of the forest, have no
flowers, but produce fruit; and, whether they have
'flowers also, or fruit only, large woody plants of both
'sorts are named trees.
"
6
6
6
48. There are shrubs with many stalks from the
root upwards, and reeds with single roots but united
stems, all of different kinds, and grasses, and vines
or climbers, and creepers, which spring from a seed
or from a slip.
49. 6
• These animals and vegetables, encircled with
'multiform darkness, by reason of past actions, have
'internal conscience, and are sensible of pleasure and
pain.
<
50. All transmigrations, recorded in sacred books,
'from the state of BRAHMA', to that of plants, happen
continually in this tremendous world of beings; a
world always tending to decay.
C
51. HE, whose powers are incomprehensible, hav-
ing thus created both me and this universe, was
6
again
SUMMARY OF THE CONTENTS.
9
6
6
again absorbed in the supreme Spirit, changing the CHAP.
time of energy for the time of repose.
52.
When that Power awakes, (for, though slumber
be not predicable of the sole eternal Mind, infinitely
wise and infinitely benevolent, yet it is predicated of
BRAHMA', figuratively, as a general property of life)
'then has this world its full expansion; but, when he
'slumbers with a tranquil spirit, then the whole system
• fades away;
6
53. For, while he reposes, as it were, in calm sleep,
⚫ embodied spirits, endued with principles of action,
depart from their several acts, and the mind itself
• becomes inert ;
6
6
6
54. And when they once are absorbed in that su-
preme essence, then the divine soul of all beings
' withdraws his energy, and placidly slumbers;
6
6
16
55. Then too this vital soul of created bodies, with
' all the organs of sense and of action, remains long
' immersed in the first idea or in darkness, and per-
forms not its natural functions, but migrates from its
corporeal frame:
C
C
6
6
<
56. When, being again composed of minute ele-
mentary principles, it enters at once into vegetable
or animal seed, it then assumes a new form.
57. Thus that immutable Power, by waking and re-
posing alternately, revivifies and destroys in eternal
'succession,
C
I.
10
ON THE CREATION; WITH A
CHAP. succession, this whole assemblage of locomotive and
'immovable creatures.
I.
<
6
6
<
58. HE, having enacted this code of laws, himself
taught it fully to me in the beginning: afterwards I
taught it MARICHI and the nine other holy sages.
6
59. This my son BHRIGU will repeat the divine code
to you without omission; for that sage learned from
me to recite the whole of it.'
60. BHRIGU, great and wise, having thus been ap-
pointed by MENU to promulge his laws, addressed all
the Rishis with an affectionate mind, saying: 'Hear!
6
or
61. FROM this MENU named SWA'YAMBhuva,
Sprung from the self-existing, came six descendants,
'other MENUS, or perfectly understanding the scrip-
ture, each giving birth to a race of his own, all ex-
alted in dignity, eminent in power;
6
6
62.
SWA'RO'CHISHA, AUTTAMI, TA'MASA, RAIVATA like-
' wise and CHA'CSHUSHA, beaming with glory, and VAI-
VASWATA, child of the sun.
6
6
6
6
63. The seven MENUS, (or those first created, who
are to be followed by seven more) of whom SWA'YAM-
BHUVA is the chief, have produced and supported this
'world of moving and stationary beings, each in his
own antara, or the period of his reign.
6
64. Eighteen niméshas, or twinklings of an eye, are
one cáshť há; thirty cáshť hás, one calá; thirty calás,
6 one
SUMMARY OF THE CONTENTS.
11
one muhúrta: and just so many muhúrtas let man- CHAP.
'kind consider as the duration of their day and night.
"
65. The sun causes the distribution of day and
night, both divine and human; night being intended
'for the repose of various beings, and day for their
• exertion.
6
6
66. A month of mortals is a day and a night of
the Pitris or patriarchs inhabiting the moon; and the
'division of a month being into equal halves, the half
beginning from the full moon is their day for actions;
' and that beginning from the new moon is their night
6 for slumber.
67.
A year of mortals is a day and a night of the
Gods, or regents of the universe seated round the
"north pole; and again their division is this, their
day is the northern, and their night the southern
course of the sun.
6
6
6
68. Learn now the duration of a day and a night
' of BRAHMA', and of the several ages which shall be
' mentioned in order succinctly.
1
'
69. Sages have given the name of Crita to an age
containing four thousand years of the Gods; the
twilight preceding it consists of as many hundreds,
and the twilight following it, of the same number:
70. In the other three ages, with their twilights
preceding and following, are thousands and hun-
dreds diminished by one.
c 2
71. The
I.
12
ON EHE CREATION; WITH A
4
CHAP.
I.
'
71. The divine years, in the four human ages just
enumerated, being
being added together, their sum, or
' twelve thousand, is called the age of the Gods:
6
6
72. And, by reckoning a thousand such divine
ages, a day of BRAHMA' may be known: his night
also has an equal duration:
73. Those persons best know the divisions of the
days and nights, who understand that the day of
BRAHMA', which endures to the end of a thousand
'such ages, gives rise to virtuous exertions; and that
'his night endures as long as his day.
6
<
6
74. At the close of his night, having long re-
posed, he awakes, and awaking, exerts intellect, or
reproduces the great principle of animation, whose
property it is to exist unperceived by sense:
75. Intellect, called into action by his will to cre-
ate worlds, performs again the work of creation;
and thence first emerges the subtil ether, to which
philosophers ascribe the quality of conveying sound;
76. 'From ether, effecting a transmutation in form,
springs the pure and potent air, a vehicle of all
6 scents; and air is held endued with the quality of
• touch:
6
<
!
77. Then from air, operating a change, rises light
or fire, making objects visible, dispelling gloom,
spreading bright rays; and it is declared to have the
quality of figure;
78. But
·
SUMMARY OF THE CONTENTS.
13
<
6
6
78. But from light, a change being effected, comes CHAP.
water with the quality of taste; and from water is
deposited earth with the quality of smell: such were
they created in the beginning.
6
or
79. The before-mentioned age of the Gods,
' twelve thousand of their years, being multiplied by
seventy-one, constitutes what is here named a Men-
wantara, or the reign of a MENU.
6
"
80. There are numberless Menwantaras; creations
also and destructions of worlds, innumerable: the
Being supremely exalted performs all this, with as
'much ease as if in sport; again and again, for the
sake of conferring happiness.
6
6
6
6
6
<
81. In the Crita age the Genius of truth and right,
in the form of a Bull, stands firm on his four feet;
nor does any advantage accrue to men from iniquity;
82.
C
But in the following ages, by reason of unjust
gains, he is deprived successively of one foot; and
even just emoluments, through the prevalence of
theft, falsehood, and fraud, are gradually diminished
by a fourth part.
6
83. Men, free from disease, attain all sorts of
prosperity, and live four hundred years in the Crita
age; but, in the Trétà and the succeeding ages, their
life is lessened gradually by one quarter.
84. The life of mortals, which is mentioned in the
• Veda, the rewards of good works, and the powers
sof
6
I.
14
ON THE CREATION; WITH A
CHAP. of embodied spirits, are fruits proportioned among
I.
6
6
men to the order of the four ages.
6
85. Some duties are performed by good men in the
• Crita age; others, in the Trétà; some, in the Dwá-
6
para; others, in the Cali; in proportion as those
ages decrease in length.
6
86. In the Crita the prevailing virtue is declared
' to be in devotion; in the Trétà, divine knowledge; in
'the Dwápara, holy sages call sacrifice the duty
chiefly performed; in the Cali, liberality alone.
6
<
'
6
"
87. For the sake of preserving this universe, the
Being, supremely glorious, allotted separate duties to
those who sprang respectively from his mouth, his
arm, his thigh, and his foot.
<
88. To Bráhmens he assigned the duties of read-
ing the Veda, of teaching it, of sacrificing, of as-
'sisting others to sacrifice, of giving alms, if they be
rich, and, if indigent, of receiving gifts:
6
6
89. To defend the people, to give alms, to sacri-
fice, to read the Veda, to shun the allurements of
'sensual gratification, are, in a few words, the duties
• of a Cshatriya :
6
6
90. To keep herds of cattle, to bestow largesses,
to sacrifice, to read the scripture, to carry on trade,
'to lend at interest, and to cultivate land are pre-
scribed or permitted to a Vaisya:
·
91. One
SUMMARY OF THE CONTENTS.
15
6
91. One principal duty the supreme Ruler assigns CHAP.
to a Súdra; namely, to serve the before-mentioned
' classes, without depreciating their worth.
92. Man is declared purer above the navel; but
'the self-creating Power declared the purest part of
him to be his mouth.
6
93. Since the Bráhmen sprang from the most ex-
"cellent part, since he was the first born, and since
'he possesses the Veda, he is by right the chief of
6
this whole creation.
94. Him, the Being, who exists of himself, pro-
'duced in the beginning from his own mouth, that,
having performed holy rites, he might present cla-
'rified butter to the Gods, and cakes of rice to the
progenitors of mankind, for the preservation of this
• world :
6
6
6
95. What created being then can surpass Him,
' with whose mouth the Gods of the firmament con-
tinually feast on clarified butter, and the manes of
ancestors, on hallowed cakes?
96. •
Of created things, the most excellent are
'those which are animated; of the animated, those
'which subsist by intelligence;
by intelligence; of the intelligent,
'mankind; and of men, the sacerdotal class ;
97. Of priests, those eminent in learning; of the
'learned, those who know their duty; of those who
'know it, such as perform it virtuously; and of the
virtuous,
6
I.
16
ON THE CREATION; WITH A
‹
CHAP. virtuous, those who seek beatitude from a perfect
acquaintance with scriptural doctrine.
I.
6
C
6
98. The very birth of Bráhmens is a constant incar-
'nation of DHERMA, God of Justice; for the Bráhmen
is born to promote justice, and to procure ultimate
happiness.
99. When a Bráhmen springs to light, he is born
above the world, the chief of all creatures, assigned
'to guard the treasury of duties, religious and civil.
100. Whatever exists in the universe, is all in
effect, though not in form, the wealth of the Bráh-
6 men; since the Brahmen is entitled to it all by his
primogeniture and eminence of birth:
6
6
6
6
101. The Brahmen eats but his own food; wears
but his own apparel: and bestows but his own in
alms through the benevolence of the Bráhmen, in-
deed, other mortals enjoy life.
6
102. To declare the sacerdotal duties, and those
of the other classes in due order, the sage MENU,
sprung from the self-existing, promulged this code
( of laws:
<
103. A code which must be studied with extreme
care by every learned Bráhmen, and fully explained
to his disciples, but must be taught by no other
man of an inferior class.
104. The Bráhmen who studies this book, having
performed
6
SUMMARY OF THE CONTENTS.
17
<
performed sacred rites, is perpetually free from of- CHAP.
'fence in thought, in word, and in deed ;
105. He confers purity on his living family, on
'his ancestors, and on his descendants, as far as the
'seventh person;
and He alone deserves to possess
'this whole earth.
<
6
106. This most excellent code produces every thing
auspicious; this code increases understanding; this
code procures fame and long life; this code leads
to supreme bliss.
6
107. In this book appears the system of law in
' its full extent, with the good and bad properties
· of human actions, and the immemorial customs of
the four classes.
6
·
108. Immemorial custom is transcendent law, ap-
proved in the sacred scripture, and in the codes
of divine legislators: let every man, therefore, of
'the three principal classes, who has a due reverence
for the supreme spirit which dwells in him, diligently
' and constantly observe immemorial custom :
•
<
109. A man of the priestly, military, or commer-
cial class, who deviates from immemorial usage,
tastes not the fruit of the Veda; but, by an exact
'observance of it, he gathers that fruit in perfection.
C
110. Thus have holy sages, well knowing that law
' is grounded on immemorial custom, embraced, as
'the root of all piety, good usages long established.
111. THE
D
I.
18
ON THE CREATION; WITH A
CHAP.
I.
6
111. THE creation of this universe, the forms of
institution and education, with the observances and
'behaviour of a student in theology; the best rules
'for the ceremony on his return from the mansion of
his preceptor;
112. The law of marriage in general, and of nup-
'tials in different forms; the regulations for the great
'sacraments, and the manner, primevally settled, of
performing obsequies;
6
113. The modes of gaining subsistence, and the
'rules to be observed by the master of a family; the
allowance and prohibition of diet, with the purifica-
'tion of men and utensils;
114. 'Laws concerning women, the devotion of her-
'mits, and of anchorets wholly intent on final beati-
6
tude, the whole duty of a king, and the judicial
' decision of controversies,
6
6
6
115. With the law of evidence and examination;
laws concerning husband and wife, canons of inheri-
tance; the prohibition of gaming, and the punish-
ments of criminals;
<
116. Rules ordained for the mercantile and servile
classes, with the origin of those that are mixed; the
'duties and rights of all the classes in time of distress
' for subsistence; and the penances for expiating sins;
6
117. The several transmigrations in this universe,
'caused by offences of three kinds, with the ultimate
• bliss
SUMMARY OF THE CONTENTS.
19
6
II.
bliss attending good actions, on the full trial of vice CHAP.
• and virtue;
6
6
<
6
118. "All these titles of law, promulgated by MENU,
and occasionally the customs of different countries,
different tribes, and different families, with rules con-
cerning hereticks and companies of traders, are dis-
cussed in this code.
119. Even as MENU, at my request, formerly re-
'vealed this divine Sástra, hear it now from me with-
out any diminution or addition,
6
D 2
CHAP.
CHAP.
II.
On Education; or
CHAP. II.
on the Sacerdotal Class, and the First
Order.
1
<
6
1. KNOW that system of duties, which is revered
by such as are learned in the Vedas, and impressed,
as the means of attaining beatitude, on the hearts
of the just, who are ever exempt from hatred and
• inordinate affection.
6
C
2. Self-love is no laudable motive, yet an exemp-
'tion from self-love is not to be found in this world:
6
on self-love is grounded the study of scripture, and
'the practice of actions recommended in it.
6
3. Eager desire to act has its root in expectation
6
' of some advantage; and with such expectation are
'sacrifices performed; the rules of religious austerity
and abstinence from sins are all known to arise
'from hope of remuneration.
6
6
6
4. Not a single act here below appears ever to be
done by a man free from self-love; whatever he
performs, it is wrought from his desire of a re-
'ward.
5. He, indeed, who should persist in discharging
'these duties without any view to their fruit, would
attain hereafter the state of the immortals, and even
6
• in

ON EDUCATION.
21
in this life, would enjoy all the virtuous gratifica- CHAP.
tions, that his fancy could suggest.
6. The roots of law are the whole Véda, the or-
dinances and moral practices of such as perfectly
understand it, the immemorial customs of good men,
and, in cases quite indifferent, self-satisfaction.
7. 'Whatever law has been ordained for any per-
son by MENU, that law is fully declared in the
Veda: for HE was perfect in divine knowledge:
8. A man of true learning, who has viewed this
complete system with the eye of sacred wisdom,
'cannot fail to perform all those duties, which are
ordained on the authority of the Veda.
9. No doubt, that man who shall follow the rules
prescribed in the Sruti and in the Smriti, will ac-
quire fame in this life, and, in the next, inexpres-
sible happiness:
10. By Sruti, or what was heard from above, is'
meant the Veda; and by Smriti, or what was remem-
bered from the beginning, the body of law: those two
'must not be oppugned by heterodox arguments;
'since from those two, proceeds the whole system of
⚫ duties.
11. Whatever man of the three highest classes,
having addicted himself to heretical books, shall
'treat with contempt those two roots of law, he must
< be
II.

CHAP.
22
ON EDUCATION; OR
be driven, as an Atheist and a scorner of revelation,
II. < from the company of the virtuous.
12. The scripture, the codes of law, approved
usage, and, in all indifferent cases, self-satisfaction,
the wise have openly declared to be the quadruple
description of the juridical system.
13. A knowledge of right is a sufficient incentive
' for men unattached to wealth or to sensuality; and
'to those who seek a knowledge of right, the su-
preme authority is divine revelation ;
14.
But, when there are two sacred texts, appa-
rently inconsistent, both are held to be law; for both
are pronounced by the wise to be valid and recon-
cilable;
15. Thus in the Veda are these texts: "let the
sacrifice be when the sun has arisen," and, "before it
" has risen," and, "when neither sun nor stars can
"be seen:" the sacrifice, therefore, may be performed
at any or all of those times.
16. He, whose life is regulated by holy texts, from
'his conception even to his funeral pile, has a decided
right to study this code; but no other man what-
soever.
17. BETWEEN the two divine rivers Saraswati and
Drishadwati, lies the tract of land, which the sages
have named Brahmáverta, because it was frequented
by Gods:
18. The

THE FIRST ORDER.
23
II.
18. The custom preserved by immemorial tradition CHAP.
' in that country, among the four pure classes, and
among those which are mixed, is called approved
usage.
19. Curueshétra, Matsya, Panchála, or Cányacubja,
' and Súraséna, or Mathurà, form the region called
Brahmarshi, distinguished from Brahmáverta:
20. From a Brahmen who was born in that coun-
try, let all men on earth learn their several usages.
21. That country which lies between Himawat and
Vindhya, to the east of Vinasana, and to the west
of Prayaga, is celebrated by the title of Medhya-
desa, or the central region.
9199
SI of eraitside,
STR
722As far as the eastern, and as far as the west-
ern oceans, between the two mountains just men-
tioned, lies the tract which the wise have named
Aryaverta, or inhabited by respectable men.
23. That land, on which the black antelope natu-
rally grazes, is held fit for the performance of sa-
'crifices; but the land of Mlech' has or those who speak
barbarously, differs widely from it.
24. Let the three first classes invariably dwell in
those before-mentioned countries; but a Súdra, dis-
'tressed for subsistence, may sojourn wherever he
'chuses.
25. Thus has the origin of law been succinctly
' declared

CHAP.
24
ON EDUCATION; OR
declared to you, together with the formation of this
II. < universe: now learn the laws of the several classes.
6
26. WITH auspicious acts prescribed by the Veda,
'must ceremonies on conception, and so forth, be
duly performed, which purify the bodies of the three
classes in this life, and qualify them for the next.
27. By oblations to fire during the mother's preg-
nancy, by holy rites on the birth of the child, by the
tonsure of his head with a lock of hair left on it,
by the ligation of the sacrificial cord, are the se-
'minal and uterine taints of the three classes wholly
' removed:
28. By studying the Veda, by religious observ-
ances, by oblations to fire, by the ceremony of
Traividya, by offering to the Gods and Manes, by
the procreation of children, by the five great sacra-
ments, and by solemn sacrifices, this human body is
rendered fit for a divine state.
29. Before the section of the navel string a cere-
mony is ordained on the birth of a male: he must
be made, while sacred texts are pronounced, to taste
a little honey and clarified butter from a golden
spoon.
6
30. Let the father perform or, if absent, cause to
' be performed, on the tenth or twelfth day after the
birth, the ceremony of giving a name; or on some
fortunate day of the moon, at a lucky hour, and
under the influence of a star with good qualities.
31. The
ON THE FIRST ORDER.
25
1
"
31. The first part of a Bráhmen's compound name CHAP.
• should indicate holiness; of a Cshatriya's, power; of
<
a Vaisya's, wealth; and of a Súdra's, contempt
32. Let the second part of the priest's name im-
ply prosperity; of the soldier's, preservation; of the
'merchant's, nourishment; of the servant's, humble
• attendance.
33. ‹ The names of women should be agreeable, soft,
clear, captivating the fancy, auspicious, ending in long
' vowels, resembling words of benediction.
<
34. In the fourth month the child should be car-
•ried out of the house to see the sun: in the sixth
'month, he should be fed with rice; or that may be
<
done, which, by the custom of the family, is thought
'most propitious.
6
35. By the command of the Veda, the ceremony
' of tonsure should be legally performed by the three
first classes in the first or third year after birth.
6
36. In the eighth year from the conception of a
• Bráhmen, in the eleventh from that of a Cshatriya,
and in the twelfth from that of a Vaisya, let the
• father invest the child with the mark of his class:
C
،
6
37. Should a Bráhmen, or his father for him, be
desirous of his advancement in sacred knowledge;
a Cshatriya, of extending his power; or a Vaisya
of engaging in mercantile business; the investiture
E
6
may
II.
26
ON EDUCATION; OR
CHAP.
II.
6
6
may be made in the fifth, sixth, or eighth years
respectively.
38. The ceremony of investiture hallowed by the
gayatri must not be delayed, in the case of a
priest, beyond the sixteenth year; nor in that of a
soldier, beyond the twenty-second; nor in that of a
'merchant, beyond the twenty-fourth.
6
،
6
6
6
6
39. After that, all youths of these three classes,
who have not been invested at the proper time, be-
come vrátyas, or outcasts, degraded from the gáyatrì,
and contemned by the virtuous:
40.
With such impure men, let no Bráhmen, even
in distress for subsistence, ever form a connexion in
law, either by the study of the Veda, or by affinity.
C
41. Let students in theology wear for their man-
tles, the hides of black antelopes, of common deer,
or of goats, with lower vests of woven sana, of
cshumà, and of wool, in the direct order of their
• classes.
"
6
6
6
6
6
42. The girdle of a priest
a priest must be made of
munja, in a triple cord, smooth and soft; that of a
warriour must be a bow string of múrvá; that of a
merchant, a triple thread of sana.
6
43. If the munja be not procurable, their zones
must be formed respectively of the grasses cusa
asmántaca, valvaja, in triple strings, with one, three,
or five knots, according to the family custom.
·
44. The
ON THE FIRST ORDER.
27
44. The sacrificial thread of a Bráhmen must be CHAP.
'made of cotton, so as to be put on over his head,
6
in three strings; that of a Cshatriya, of sana thread
only; that of a Vaisya, of woollen thread.
45. A priest ought by law to carry a staff of
· Vilva or Palása; a soldier, of Vata or C'hadira;
a merchant of Venu or Udumbara :
:
6
'a
6
46. The staff of a priest must be of such a length
as to reach his hair; that of a soldier, to reach his
'forehead; and that of a merchant, to reach his nose.
47. Let all the staves be straight, without frac-
6 ture, of a handsome appearance, not likely to terrify
with their bark perfect, unhurt by fire.
6
6
men,
6
48. Having taken a legal staff to his liking, and
standing opposite to the sun, let the student thrice
'walk round the fire from left to right, and perform,
according to law, the ceremony of asking food:
6
6
6
49. The most excellent of the three classes, being
girt with the sacrificial thread, must ask food with
the respectful word bhavati, at the beginning of
'the phrase; those of the second class, with that
'word in the middle; and those of the third, with
that word at the end.
6
50. Let him first beg food of his mother, or of
' his sister, or of his mother's whole sister; then of
6
some other female who will not disgrace him.
·
51. Having collected as much of the desired food
N 2
II.
28
ON EDUCATION; OR
CHAP. 6
II.
as he has occasion for, and having presented it
' without guile to his preceptor, let him eat some
of it, being duly purified, with his face to the east:
6
6
<
6
6
52. If he seek long life, he should eat with his
face to the east; if exalted fame, to the south; if
prosperity, to the west; if truth and its reward, to
the north.
6
53. Let the student, having performed his ablution,
always eat his food without distraction of mind;
and, having eaten, let him thrice wash his mouth
completely, sprinkling with water the six hollow
parts of his head, or his eyes, ears, and nostrils.
54. Let him honour all his food, and eat it with-
' out contempt; when he sees it, let him rejoice and
6
6
6
•
be calm, and pray that he may always obtain it.
<
55. Food,
Food, eaten constantly with respect, gives
muscular force and generative power; but, eaten
irreverently, destroys them both.
6
56. He must beware of giving any man what he
leaves; and of eating any thing between morning
• and evening: he must also beware of eating too much,
and of going any whither with a remnant of his food
'unswallowed.
6
C
6
57 Excessive eating is prejudicial to health, to
fame, and to future bliss in Heaven; it is injurious to
virtue, and odious among men: he must, for these
6
reasons, by all means avoid it.
6
58. · Let
ON THE FIRST ORDER.
29
II.
58. Let a Bráhmen at all times perform the ablu- CHAP.
'tion with the pure part of his hand denominated
'from the Veda, or with the part sacred to the Lord
of creatures, or with that dedicated to the Gods;
'but never with the part named from the Pitris :
6
59. The pure part under the root of the thumb is
'called Bráhma, that at the root of the little finger,
Caya; that at the tips of the fingers, Daiva; and
6
6
6
<
<
(
6
the part between the thumb and index Pitrya.
60: Let him first sip water thrice; then twice wipe
his mouth; and lastly touch with water the six be-
fore mentioned cavities, his breast, and his head.
6
61. He who knows the law and seeks purity will
ever perform his ablution with the pure part of his
hand, and with water neither hot nor frothy, stand-
ing in a lonely place, and turning to the east or the
• north.
•
"
62. A Bráhmen is purified by water that reaches
his bosom; a Cshatriya, by water descending to his
6 • throat;
a Vaisya, by water barely taken into his
mouth; a Súdra, by water touched with the extremity
of his lips.
6
L
،
6
6
6
63. A youth of the three highest classes is named
upavítí, when his right hand is extended for the
cord to pass over his head and be fixed on his left
shoulder; when his left hand is extended, that the
thread may be placed on his right shoulder, he is
• called
30
ON EDUCATION; OR
1
CHAP. · called práchínávítí; and nivítí, when it is fastened on
• •
II. his neck.
6
6
64. His girdle, his leathern mantle, his staff, his
· sacrificial cord, and his ewer, he must throw into the
water, when they are worn out or broken, and re-
'ceive others hallowed by mystical texts.
6
65. The ceremony of césánta, or cutting off the hair,
is ordained for a priest in the sixteenth year from
'conception; for a soldier, in the twenty-second; for
a merchant, two years later than that.
<
at
66. The same ceremonies, except that of the sacri-
'ficial thread, must be duly performed for women
the same age and in the same order, that the body
may be made perfect; but without any text from the
• Veda :
6
6
67. The nuptial ceremony is considered as the
complete institution of women, ordained for them
in the Véda, together with reverence to their hus-
'bands, dwelling first in their father's family, the
'business of the house, and attention to sacred fire.
6
6
68. Such is the revealed law of institution for the`
twice born; an institution in which their second birth
clearly consists, and which causes their advancement
in holiness: now learn to what duties they must af-
'terwards apply themselves.
'
6
69. THE venerable preceptor, having girt his pupil
' with the thread, must first instruct him in purifica-
'tion,
ON THE FIRST ORDER.
31
<
II.
tion, in good customs, in the management of the CHAP.
'consecrated fire, and in the holy rites of morning,
noon, and evening.
6
6
6
6
6
70. When the student is going to read the Véda,'
he must perform an ablution, as the law ordains,
with his face to the north, and, having paid scriptural
homage, he must receive instruction, wearing a clean
vest, his members being duly composed:
71. At the beginning and end of the lecture, he
must always clasp both the feet of his preceptor; and
' he must read with both his hands closed: (this is
'called scriptural homage.)
6
6
72. With crossed hands let him clasp the feet of
his tutor, touching the left foot with his left, and
'the right, with his right hand.
6
6
6
،
6
6
73. When he is prepared for the lecture, the pre-
ceptor, constantly attentive, must say "hoa! read;"
and at the close of the lesson he must say :
"take
rest.'
""
74. A Bráhmen, beginning and ending a lecture on
the Veda, must always pronounce to himself the syl-
lable óm; for, unless the syllable om precede, his
learning will slip away from him; and, unless it
follow, nothing will be long retained.
.
75.
If he have sitten on culms of cusa with their
'points toward the east, and be purified by rubbing
• that
32
ON EDUCATION; OR
II.
"
CHAP. that holy grass on both his hands, and be further
prepared by three suppressions of breath each equal
in time to five short vowels, he then may fitly pro-
nounce om.
76. 6 BRAHMA milked out, as it were, from the
'three Vedas, the letter A, the letter U, and the
´letter M, which form by their coalition the triliteral
monosyllable, together with three mysterious words,
bhur, bhuvah, swer, or earth, sky, heaven:
،
.
6
77. From the three Vedas, also, the Lord of crea-
tures, incomprehensibly exalted, successively milked
' out the three measures of that ineffable text, be-
ginning with the word tad, and entitled sávitrì or
gáyatrì.
6
6
78. A priest who shall know the Veda, and shall
pronounce to himself, both morning and evening,
'that syllable, and that holy text preceded by the
'three words, shall attain the sanctity which the Veda
confers;
6
79. And a twice born man, who shall a thousand
times repeat those three (or óm, the vyáhritis, and
the gayatri,) apart from the multitude, shall be re-
leased in a month even from a great offence, as a
snake from his slough.
80. The priest, the soldier, and the merchant, who
'shall neglect this mysterious text, and fail to perform
in due season his peculiar acts of piety, shall meet
' with contempt among the virtuous.
•
81. The
ON THE FIRST ORDER.
33
6
II.
81. The three great immutable words, preceded by CHAP.
the triliteral syllable, and followed by the gayatrì
' which consists of three measures, must be consider-
'ed as the mouth, or principal part of the Veda :
"
6
<
،
82. Whoever shall repeat, day by day, for three
years, without negligence, that sacred text, shall
hereafter approach the divine essence, move as free-
ly as air, and assume an ethereal form.
6
83. The triliteral monosyllable is an emblem of the
Supreme, the suppressions of breath with a mind fixed
on GOD are the highest devotion; but nothing is
more exalted than the gayatrì: a declaration of truth
' is more excellent than silence.
6
6
6
C
84. All rites ordained in the Véda, oblatio ns to
fire, and solemn sacrifices pass away; but that
'which passes not away, is declared to be the sylla-
• ble om, thence called acshara: since it is a symbol
6
6
6
of GOD, the Lord of created beings.
6
85. The act of repeating his Holy Name is ten
times better than the appointed sacrifice; an hun-
dred times better when it is heard by no man; and
a thousand times better when it is purely mental:
6
86. The four domestick sacraments which are ac-
companied with the appointed sacrifice, are not
equal, though all be united, to a sixteenth part of
the sacrifice performed by a repetition of the gaya-
6 trì:
6
6
87. By the sole repetition of the gayatri, a priest
6
F.
6
may
34
ON EDUCATION; OR
CHAP.
II.
'or
may indubitably attain beatitude, let him perform,
or not perform, any other religious act; if he be
· Maitra, or a friend to all creatures, he is justly named
Bráhmena, or united to the Great One.
6
6
88. In restraining the organs which run wild among
'ravishing sensualities, a wise man will apply diligent
6 care, like a charioteer in managing restive horses.
6
6
89. Those eleven organs, to which the first sages
gave names, I will comprehensively enumerate as the
law considers them in due order.
6
90. The nose is the fifth after the ears, the skin,
'the eyes, and the tongue; and the organs of speech
are reckoned the tenth, after those of excretion and
'generation, and the hands and feet:
6
91. Five of them, the ear and the rest in succes-
'sion, learned men have called organs of sense; and
'the others, organs of action:
6
<
6
92. The heart must be considered as the eleventh;
which, by its natural property, comprises both sense
' and action; and which being subdued, the two other
sets, with five in each, are also controlled.
93. A man, by the attachment of his organs to
'sensual pleasure, incurs certain guilt; but, having
wholly subdued them, he thence attains heavenly
· bliss.
6
94. Desire is never satisfied with the enjoyment of
• desired
ON THE FIRST ORDER.
35
' desired objects; as the fire is not appeased with CHAP.
' clarified butter; it only blazes more vehemently.
C
6
95. Whatever man may obtain all those gratifica-
tions, or. whatever man may resign them completely,
'the resignation of all pleasures is far better than the
' attainment of them.
"
6
6
96. The organs being strongly attached to sensual
delights cannot so effectually be restrained by avoid-
'ing incentives to pleasure, as by a constant pursuit of
'divine knowledge.
97. To a man contaminated by sensuality neither
'the Védas, nor liberality, nor sacrifices, nor strict
observances, nor pious austerities, ever procure fe-
licity.
6
6
6
6
<
6
6
98. He must be considered as really triumphant
over his
organs, who, on hearing and touching, on
seeing and tasting and smelling, what may please or
offend the senses, neither greatly rejoices nor greatly
repines:
6
99. But, when one among all his organs fails, by
· that single failure his knowledge of God passes away,
as water flows through one hole in a leathern bottle.
·
100. Having kept all his members of sense and ac-
tion under control, and obtained also command over
his heart, he will enjoy every advantage, even though
'he reduce not his body by religious austerities.
101. Ar the morning twilight let him stand repeat-
ing
F 2
6
II.
36
ON EDUCATION; OR
CHAP.
II.
6
6
ing the gayatri until he see the sun; and at evening
twilight, let him repeat it sitting, until the stars dis-
tinctly appear;
102. He who stands repeating it at the morning
twilight, removes all unknown nocturnal sin; and he
'who repeats it sitting at evening twilight, disperses
the taint, that has unknowingly been contracted in
• the day;
6
103. But he who stands not repeating it in the
morning, and sits not repeating it in the evening,
must be precluded, like a Súdra, from every sacred
'observance of the twice born classes.
6
6
104. Near pure water, with his organs holden under
'control, and retiring from circumspection to some
unfrequented place, let him pronounce the gáyatrì,
performing daily ceremonies.
"
"
"
6
105. IN reading the Védángas, or grammar, pro-
'IN
sody, mathematicks, and so forth; or even such parts
of the Veda as ought constantly to be read, there is
no prohibition on particular days; nor in pronounc-
ing the texts appointed for oblations to fire:
<
106. Of that, which must constantly be read, and is
'therefore called Bråhmasatra, there can be no such
prohibition; and the oblation to fire, according to the
Véda, produces good fruit, though accompanied with
the text vashat, which on other occasions must be in-
⚫termitted on certain days.
107. For
ON
ON THE FIRST ORDER.
37
II.
107. For him, who shall persist a whole year in CHAP.
reading the Veda, his organs being kept in subjection,
and his body pure, there will always rise good fruit
from his offerings of milk and curds, of clarified butter
• and honey.
108. LET the twice born youth, who has been girt
with the sacrificial cord, collect wood for the holy fire,
beg food of his relations, sleep on a low bed, and
'perform such offices as may please his preceptor, until
his return to the house of his natural father.
6
6
109 Ten persons may legally be instructed in the
Véda; the son of a spiritual teacher; a boy who is
• assiduous; one who can impart other knowledge;
one who is just; one who is pure; one who is
friendly; one who is powerful; one who can bestow
'wealth; one who is honest; and one who is related
by blood.
6
6
6
110. Let not a sensible teacher tell any other what
he is not asked, nor what he is asked improperly;
but let him, however intelligent, act in the multi-
'tude as if he were dumb:
C
6
6
111. Of the two persons, him, who illegally asks,
and him, who illegally answers, one will die, or
incur odium.
112. Where virtue, and wealth sufficient to secure it,
are not found, or diligent attention, at least pro-
portioned to the holiness of the subject, in that soil
• divine
38
ON EDUCATION; OR
CHAP. divine instruction must not be sown: it would perish
like fine seed in barren land.
II.
113. A teacher of the Veda should rather die
' with his learning, than sow it in sterile soil,
' even though he be in grievous distress for sub-
'sistence.
6
6
6
114.
Sacred Learning, having approached a Bráh-
men, said to him: "I am thy precious gem; pre-
serve me with care; deliver me not to a scorner;
(so preserved I shall become supremely strong.)
6
115. But communicate me, as to a vigilant depo-
sitory of thy gem, to that student, whom thou shalt
'know to be pure, to have subdued his passions, to
perform the duties of his order.'
6
116. He who shall acquire knowledge of the Véda
' without the assent of his preceptor, incurs the guilt
' of stealing the scripture, and shall sink to the re-
gion of torment.
<
<
C
117. From whatever teacher a student has received
instruction, either popular, ceremonial, or sacred, let
him first salute his instructor, when they meet.
C
118. A Bráhmen, who completely governs his pas-
'sions, though he know the gayatri only, is more
honourable than he, who governs not his passions,
'who eats all sorts of food, and sells all sorts of com-
'modities, even though he know the three Védas.
119. When a superiour sits on a couch or bench,
• let
Page Missing
in Original
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in Original
Volume
ON THE FIRST ORDER.
43
6
6
6
145. A mere áchárya, or a teacher of the gáyatrì CHAP.
only, surpasses ten upadhyayas; a father, a hundred
such ácháryas; and a mother, a thousand natural fa-
⚫thers.
146. Of him, who gives natural birth, and him,
'who gives knowledge of the whole Véda, the giver of
'sacred knowledge is the more venerable father; since
the second or divine birth ensures life to the twice
born both in this world and hereafter eternally.
6
6
6
147. Let a man consider that as a mere human
birth, which his parents gave him for their mutual
gratification, and which he receives after lying in the
• womb ;
6
6
148. But that birth which his principal áchárya,
who knows the whole Vida, procures for him by his
'divine mother the gayatrì, is a true birth: that birth
'is exempt from age and from death.
C
149. Him, who confers on a man the benefit of sa-
cred learning, whether it be little or much, let him
know to be here named guru, or venerable father, in
consequence of that heavenly benefit.
150. A Brahmen, who is the giver of spiritual birth,
the teacher of prescribed duty, is by right called the
'father of an old man, though himself be a child.
6
C
6
151. Cavi, or the learned, child of ANGIRAS, taught
his paternal uncles and cousins to read the Véda,
and, excelling them in divine knowledge, said to them,
"little sons :"
II.
G 2
·
152. They,
44
ON EDUCATION; OR
CHAP.
II.
6
152. They, moved with resentment, asked the Gods
'the meaning of that expression; and the Gods, being
assembled, answered them: "The child has addressed
you properly;
6
<
<
6
<
6
<
6
6
6
6
153. For an unlearned man is in truth a child;
and he who teaches him the Veda, his father:
holy sages have always said child to an ignorant man,
and father to a teacher of scripture."
6
154. Greatness is not conferred by years, not by
gray hairs, not by wealth, not by powerful kindred:
the divine sages have established this rule; "Who-
ever has read the Vedas and their Angas, he among
us is great."
155. The seniority of priests is from sacred learn-
ing; of warriours from valour; of merchants from
abundance of grain; of the servile class only from
priority of birth.
156. A man is not therefore aged, because his
head is gray him, surely, the Gods considered as
aged, who, though young in years, has read and un-
derstands the Véda.
6
157. As an elephant made of wood, as an antelope
'made of leather, such is an unlearned Bráhmen: those
three have nothing but names.
6
6
C
6
158. As an eunuch is unproductive with women, as
cow with a cow is unprolifick, as liberality to a fool
is fruitless, so is a Bráhmen useless, if he read not the
holy texts.
159. Good
ON THE FIRST ORDER.
45
6
159. Good instruction must be given without pain CHAP.
'to the instructed; and sweet gentle speech must be
6
used by a preceptor, who cherishes virtue.
6
،
<
6
160. He, whose discourse and heart are pure, and
ever perfectly guarded, attains all the fruit arising
from his complete course of studying the Véda.
161. Let not a man be querulous even though in
pain; let him not injure another in deed or in
thought; let him not even utter a word, by which
his fellow creature may suffer uneasiness; since that
'will obstruct his own progress to future beatitude.
<
162. A Bráhmen should constantly shun worldly ho-
nour, as he would shun poison; and rather constantly
'seek disrespect, as he would seek nectar;
1
6
163. For though scorned, he may sleep with plea-
< sure; with pleasure may he awake; with pleasure
6 may he pass through this life but the scorner utterly
perishes.
6
C
6
164. Let the twice-born youth, whose soul has
'been formed by this regular succession of prescribed
acts, collect by degrees, while he dwells with his
'preceptor, the devout habits proceeding from the
study of scripture.
<
<
165. With various modes of devotion, and with au-
'sterities ordained by the law, must the whole Véda
be read, and above all the sacred Upanishads, by him,
who has received a new birth.
II.
166. Let
6
46
ON EDUCATION; OR
CHAP.
II.
6
166. Let the best of the twice-born classes, in-
tending to practice devotion, continually repeat the
reading of scripture; since a repetition of reading
"the scripture is here styled the highest devotion of
a Bráhmen.
<
<
6
167. Yes verily; that student in theology performs
´the highest act of devotion with his whole body, to
the extremities of his nails, even though he be so far
sensual as to wear a chaplet of sweet flowers, who
to the utmost of his ability daily reads the Véda.
<
•
168. A twice-born man, who not having studied
the Veda, applies diligent attention to a different and
worldly study, soon falls, even when living, to the
"condition of a Súdra; and his descendants after him.
(
6
169. The first birth is from a natural mother; the
'second, from the ligation of the zone; the third from
'the due performance of the sacrifice; such are the
births of him who is usually called twice-born, ac-
cording to a text of the Véda :
·
6
6
170. Among them his divine birth is that, which
' is distinguished by the ligation of the zone, and sa-
6
<
crificial cord; and in that birth the Gayatri is his
inother, and the A'chárya, his father.
171 Sages call the A'chárya father, from his
giving instruction in the Véda: nor can any holy
rite be performed by a young man, before his in-
• vestiture.
172. Till he be invested with the signs of his class,
• he
ON THE FIRST ORDER.
47
6
'he must not pronounce any sacred text, except what CHAP.
II.
ought to be used in obsequies to an ancestor; since
he is on a level with a Súdra before his new birth
'from the revealed scripture :
6
<
173. From him, who has been duly invested, are
required both the performance of devout acts and
'the study of the Véda in order, preceded by stated
ceremonies.
6
174. Whatever sort of leathern mantle, sacrificial
thread, and zone, whatever staff, and whatever under-
apparel are ordained, as before-mentioned, for a youth
of each class, the like must also be used in his re-
'ligious acts.
6
6
175. These following rules must a Brahmachárí, or
'student in theology, observe, while he dwells with
'his preceptor; keeping all his members under con-
trol, for the sake of increasing his habitual devotion.
6
6
176. Day by day, having bathed and being puri-
'fied, let him offer fresh water to the Gods, the
Sages, and the Manes; let him show respect to the
images of the deities, and bring wood for the obla-
tion to fire.
6
6
177. Let him abstain from honey, from flesh meat,
from perfumes, from chaplets of flowers, from sweet
vegetable juices, from women, from all sweet sub-
'stances turned acid, and from injury to animated
<
6
beings;
6
་
178. From unguents for his limbs, and from black
6
powder
48
ON EDUCATION; OR
CHAP.
II.
1
<
6
powder for his eyes, from wearing sandals, and car-
rying an umbrella, from sensual desires, from wrath,
'from covetousness, from dancing, and from vocal and
instrumental musick;
6
179.
From gaming, from disputes, from detraction,
and from falsehood, from embracing or wantonly look-
ing at women, and from disservice to other men.
180. Let him constantly sleep alone: let him never
' waste his own manhood; for he, who voluntary
wastes his manhood, violates the rule of his order,
and becomes an avacírní:
6
"
(
181. A twice-born youth, who has involuntarily
wasted his manly strength during sleep, must repeat
with reverence, having bathed and paid homage to
'the sun, the text of scripture : Again let my
strength return to me.'
(
•
6
6
6
""
66
182. Let him carry water-pots, flowers, cow-dung,
fresh earth, and cusa-grass, as much as
as much as may be
useful to his preceptor; and let him perform every
day the duty of a religious mendicant.
6
183. Each day must a Bráhmen student receive his
'food by begging, with due care, from the houses of
persons renowned for discharging their duties, and
not deficient in performing the sacrifices which the
Véda ordains.
(
6
184. Let him not beg from the cousins of his pre-
ceptor; nor from his own cousins; nor from other
• kinsmen by the father's side, or by the mother's;
• but
}
ON THE FIRST ORDER.
49
6
but, if other houses be not accessible, let him begin CHAP.
with the last of those in order, avoiding the first;
185. Or, if none of those houses just mentioned can
'be found, let him go begging through the whole dis-
trict round the village, keeping his organs in subjec-
tion, and remaining silent; but let him turn away
'from such as have committed any deadly sin.
6
186. Having brought logs of wood from a distance,
'let him place them in the open air; and with them
'let him make an oblation to fire without remissness,
6
⚫ both evening and morning.
6
6
6
6
6
6
6
6
6
187. He, who for seven successive days omits the
ceremony of begging food, and offers not wood to the
sacred fire, must perform the penance of an avacírní,
unless he be afflicted with illness.
6
188. Let the student persist constantly in such beg-
ging, but let him not eat the food of one person
only: the subsistence of a student by begging is held
equal to fasting in religious merit.
189. Yet, when he is asked in a solemn act in
honour of the Gods or the Manes, he may eat at his
pleasure the food of a single person; observing, how-
ever, the laws of abstinence and the austerity of an
anchoret: thus the rule of his order is kept inviolate.
190. This duty of a mendicant is ordained by the
wise for a Bráhmen only; but no such act is appointed
for a warriour, or for a merchant.
H
191. Let
6
II.
50
ON EDUCATION; OR
CHAP.
II.
6
6
191. Let the scholar, when commanded by his pre-
ceptor, and even when he has received no command,
always exert himself in reading, and in all acts useful
• to his teacher.
6
6
6
C
6
192. €
Keeping in due subjection his body, his speech,
his organs of sense, and his heart, let him stand with
the palms of his hands joined, looking at the face of
his preceptor.
193. Let him always keep his right arm uncovered,
be always decently apparelled, and properly com-
posed; and when his instructor says,
"be seated,"
let him sit opposite to his venerable guide.
194. In the presence of his preceptor let him always
eat less, and wear a coarser mantle with worse appen-
dages; let him rise before, and go to rest after his
6 tutor.
6
6
6
6
6
195. Let him not answer his teacher's orders, or
converse with him, reclining on a bed; nor sitting,
nor eating, nor standing, nor with an averted face:
6
196. But let him both answer and converse, if his
preceptor sit, standing up; if he stand, advancing
toward him; if he advance, meeting him; if he run,
hastening after him;
197. If his face be averted, going round to front
him, from left to right; if he be at a little distance,
approaching him; if reclined, bending to him; and,
if he stand ever so far off, running toward him.
198. When
ON THE FIRST ORDER.
51
6
II.
198. When his teacher is nigh, let his couch or CHAP.
his bench be always placed low: when his precep-
'tor's eye can observe him, let him not sit carelessly
6 at ease.
6
199. Let him never pronounce the mere name of
his tutor, even in his absence; nor ever mimick his
'gait, his speech, or his manner.
6
200. In whatever place, either true but censorious,
or false and defamatory, discourse is held concerning
his teacher, let him there cover his ears or remove to
• another place:
6
6
6
C
201. By censuring his preceptor, though justly, he
will be born an ass; by falsely defaming him, a dog;
by using his goods without leave, a small worm; by
envying his merit, a larger insect or reptile.
6
202. He must not serve his tutor by the interven-
'tion of another, while himself stands aloof; nor must
'he attend him in a passion, nor when a woman is
near; from a carriage or raised seat he must descend
to salute his heavenly director.
6
6
6
6
6
1
203. Let him not sit with his preceptor to the lee-
ward, or to the windward of him; nor let him say
any thing which the venerable man cannot hear.
6
204. He may sit with his teacher in a carriage
drawn by bulls, horses, or camels; on a terrace, on
a pavement of stones, or on a mat of woven grass;
on a rock, on a wooden bench, or in a boat.
H 2
6
205. When
52
ON EDUCATION; OR
CHAP.
II.
<
6
6
6
205. When his tutor's tutor is near, let him de-
mean himself as if his own were present; nor let
him, unless ordered by his spiritual father, prostrate
himself in his presence before his natural father, or
paternal uncle.
<
206. This is likewise ordained as his constant be-
haviour toward his other instructors in science ; to-
'ward his elder paternal kinsmen; toward all who
may restrain him from sin, and all who give him
salutary advice.
<
207.
Toward men also, who are truly virtuous, let
him always behave as toward his preceptor; and, in
like manner, toward the sons of his teacher, who
are entitled to respect as older men, and are not stu-
'dents; and toward the paternal kinsmen of his vene-
rable tutor.
6
208. The son of his preceptor, whether younger
or of equal age, or a student, if he be capable of
teaching the Veda, deserves the same honour with
'the preceptor himself, when he is present at any
• sacrificial act:
6
C
209. But he must not perform for the son of his
'teacher, the duty of rubbing his limbs, or of bath-
ing him, or of eating what he leaves, or of washing
• his feet.
C
210. The wives of his preceptor, if they be of the
same class, must receive equal honour with their
venerable husband; but if they be of a different
• class
ON THE FIRST ORDER.
53
1
6
II.
class, they must be honoured only by rising and CHAP.
• salutation.
6
.
6
6
6
6
6
211. For no wife of his teacher must he perform
the offices of pouring scented oil on them, of attend-
ing them while they bathe, of rubbing their legs and
arms, or of decking their hair;
212. Nor must a young wife of his preceptor be
greeted even by the ceremony of touching her feet,
if he have completed his twentieth year, or can dis-
tinguish virtue from vice.
213 It is the nature of women in this world to
cause the seduction of men; for which reason the
'wise are never unguarded in the company of females:
<
6
6
214. A female indeed, is able to draw from the
right path in this life not a fool only, but even a
sage, and can lead him in subjection to desire or to
• wrath.
6
6
215. Let no man, therefore, sit in a sequestered
C
place with his nearest female relations: the assem-
blage of corporeal organs is powerful enough to
• snatch wisdom from the wise.
6
216. A young student may, as the law directs,
'make prostration at his pleasure on the ground be-
'fore a young wife of his tutor, saying, "I am such
an one;"
6
6
6
217. And on his return from a journey, he must
once touch the feet of his preceptor's aged wife,
• and
1
2
54
ON EDUCATION; OR
6
CHAP. and salute her each day by prostration, calling to
II.
6
6
mind the practice of virtuous men.
<
218. As he who digs deep with a spade comes to
a spring of water, so the student, who humbly serves
his teacher, attains the knowledge which lies deep
' in his teacher's mind.
6
219. WHETHER his head be shorn, or his hair
long, or one lock be bound above in a knot, let not
'the sun ever set or rise while he lies asleep in the
6
6
6
6
village.
220 If the sun should rise or set, while he sleeps
through sensual indulgence, and knows it not, he must
fast a whole day, repeating the gáyatrì:
221. He, who has been surprised asleep by the
setting or by the rising sun, and performs not that
penance, incurs great guilt.
6
222. Let him adore GOD both at sunrise and at
sunset, as the law ordains, having made his ablution
and keeping his organs controlled; and, with fixed
attention, let him repeat the text, which he ought
'to repeat, in a place free from impurity.
6
6
223.' If a woman or a
a Súdra perform any act
leading to the chief temporal good, let the student
'be careful to emulate it; and he may do whatever
gratifies his heart, unless it be forbidden by law :
6
224. The chief temporal good is by some declared
'to consist in virtue and wealth; by some, in wealth
6 and
ON THE FIRST ORDER.
55
and lawful pleasure; by some, in virtue alone; by CHAP.
<
6
others, in wealth alone; but the chief good here
<
6
below is an assemblage of all three: this is a sure
• decision.
6
225. A TEACHER of the Véda is the image of God;
a natural father, the image of BRAHMA'; a mother,
'the image of the earth; an elder whole brother, the
image of the soul.
6
<
226.
Therefore a spiritual and a natural father, a
mother, and an elder brother, are not to be treated
' with disrespect, especially by a Brahmen, though the
student be grievously provoked.
6
5
6
227. That pain and care which a mother and father
undergo in producing and rearing children, cannot
'be compensated in an hundred years.
6
<
228. Let every man constantly do what may please
his parents and, on all occasions, what may please
his preceptor: when those three are satisfied, his
'whole course of devotion is accomplished.
6
K
229. 6
Due reverence to those three
to those three is considered
as the highest devotion; and without their approba-
tion he must perform no other duty.
230. Since they alone are held equal to the three
worlds; they alone, to the three principal orders;
they alone, to the three Vedas; they alone, to the
three fires :
231. The natural father is considered as the gár-
6
hapatya,
II.
56
ON EDUCATION; OR
C
CHAP. hapatya, or nuptial fire; the mother as the dacshina,
II.
C
<
or ceremonial; the spiritual guide, as the áhavaniya,
or sacrificial: this triad of fires is most venerable.
232.
He, who neglects not those three, when he
'becomes a house-keeper, will ultimately obtain domi-
nion over the three worlds; and his body being ir-
radiated like a God, he will enjoy supreme bliss in
' heaven.
6
6
6
6
<
6
6
233. By honouring his mother he gains this ter-
restrial world; by honouring his father, the interme-
diate, or etherial; and, by assiduous attention to
his preceptor, even the celestial world of BRAHMA':
234. All duties are completely performed by that
man, by whom those three are completely honoured;
but to him by whom they are dishonoured, all
other acts of duty are fruitless.
235. As long as those three live, so long he must
perform no other duty for his own sake: but de-
lighting in what may conciliate their affections and
gratify their wishes, he must from day to day assi-
duously wait on them:
236 Whatever duty he may perform in thought,
word, or deed, with a view to the next world,
' without derogation from his respect to them; he
must declare to them his entire performance of it.
6
237. By honouring those three, without more, a
man effectually does whatever ought to be done:
this is the highest duty, appearing before us like
6 • DHERMA
ON THE FIRST ORDER.
57
· DHERMA himself, and every other act is
other act is an upa-
<
6
6
<
dherma, or subordinate duty.
238. A believer in scripture may receive pure
knowledge even from Súdra; a lesson of the
highest virtue, even from a Chandála; and a woman,
bright as a gem, even from the basest family:
239. Even from poison may nectar be taken;
even from a child, gentleness of speech; even from
a foe, prudent conduct; and even from an impure
'substance, gold.
6
240. From every quarter, therefore, must be se-
'lected women bright as gems, knowledge, virtue,
purity, gentle speech, and various liberal arts.
6
6
6
241. In case of necessity, a student is required to
learn the Véda from one who is not a Bráhmen,
and, as long as that instruction continues, to ho-
nour his instructor with obsequious assiduity;
242. But a pupil who seeks the incomparable path
to heaven, should not live to the end of his days
in the dwelling of a preceptor who is no Bráhmen,
or who has not read all the Védas with their Angas.
243. If he anxiously desire to pass his whole life
in the house of a sacerdotal teacher, he must serve
him with assiduous care, till he be released from
6 his mortal frame:
6
244. That Bráhmen, who has dutifully attended his
preceptor, till the dissolution of his body, passes di-
rectly to the eternal mansion of GOD.
I
6
245. LET
CHAP.
II.
58
ON EDUCATION.
CHAP.
II.
<
245. LET not
LET not a student,
a student, who knows his duty,
present any gift to his preceptor before his return
'home; but when, by his tutor's permission, he is
going to perform the ceremony on his return, let
him give the venerable man some valuable thing to
• the best of his power;
6
6
6
<
246. A field, or gold, a jewel, a cow, or a horse,
an umbrella, a pair of sandals, a stool, corn, cloths,
or even any very excellent vegetable: thus will he
gain the affectionate remembrance of his instructor.
247. The student for life must, if his teacher die,
attend on his virtuous son, or his widow, or on one
' of his paternal kinsmen, with the same respect which
' he showed to the living:
(
6
248. Should none of those be alive, he must oc-
cupy the station of his preceptor, the seat, and the
place of religious exercises; must continually pay due
' attention to the fires, which he had consecrated;
<
and must prepare his own soul for heaven.
6
249. The twice-born man, who shall thus without
'intermission have passed the time of his student-
ship, shall ascend,, after death, to the most exalted
of regions, and no more again spring to birth in
this lower world.
CHAP.
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ON THE SECOND ORDER.
67
<
maphrodite, or a boy and a girl; by weakness or CHAP.
deficiency, is occasioned a failure of conception.
6
50. He, who avoids conjugal embraces on the six
reprehended nights and on eight others, is equal in
chastity to a Brahmachárì, in whichever of the two
• next orders he may live.
6
6
51. LET no father, who knows the law, receive a
gratuity, however small, for giving his daughter in
marriage; since the man, who, through avarice,
'takes a gratuity for that purpose, is a seller of his
offspring.
<
6
6
52. Whatever male relations, through delusion of
mind, take possession of a woman's property, be it
only her carriages or her clothes, such offenders will
'sink to a region of torment.
?
•
<
53. Some say that the bull and cow given in the
nuptial ceremony of the Rishis, are a bribe to the
father; but this is untrue; a bribe indeed, whether
large or small, is an actual sale of the daughter.
•
54. When money or goods are given to damsels,
• whose kinsmen receive them not for their own use,
it is no sale: it is merely a token of courtesy and
'affection to the brides.
6
6
5
·
55. Married women must be honoured and adorned
by their fathers and brethren, by their husbands, and
by the brethren of their husbands, if they seek
• abundant prosperity:
III.
K 2
56. Where
68
ON MARRIAGE; OR
CHAP.
III.
<
"
56. Where females are honoured, there the deities.
are pleased; but where they are dishonoured, there
'all religious acts become fruitless.
57. Where female relations are made miserable, the
family of him who makes them so, very soon wholly
perishes; but, where they are not unhappy, the fa-
mily always increases.
<
58. On whatever houses the women of a family,
'not being duly honoured, pronounce an imprecation,
those houses, with all that belong to them, utterly
perish, as if destroyed by a sacrifice for the death
C of an enemy.
(
6
59. Let those women, therefore, be continually
supplied with ornaments, apparel and food, at fes-
'tivals and at jubilees, by men desirous of wealth.
60 In whatever family the husband is contented
with his wife, and the wife with her husband, in
'that house will fortune be assuredly permanent.
'
61. Certainly, if the wife be not elegantly attired,
'she will not exhilarate her husband; and if her lord
'want hilarity, offspring will not be produced.
62. A wife being gaily adorned, her whole house
' is embellished; but, if she be destitute of ornament,
'all will be deprived of decoration.
63. By culpable marriages, by omission of pre-
'scribed ceremonies, by neglect of reading the Veda,
• and
ON THE SECOND ORDER.
69
*.
6
6
6
<
<
<
6
6
III.
and by irreverence toward a Bráhmen, great families CHAP,
are sunk to a low state:
6
64. So they are by practising manual arts, by lend-
ing at interest and other pecuniary transactions, by
begetting children on Súdràs only, by traffick in
kine, horses, and carriages, by agriculture and by
attendance on a king.
<
65. By sacrificing for such as have no right to sa-
crifice, and by denying a future compensation for
good works, great families, being deprived of sacred
knowledge, are quickly destroyed;
<
66. But families, enriched by a knowledge of the
Véda, though possessing little temporal wealth, are
' numbered among the great, and acquire exalted fame.
67. LET the house-keeper perform domestick reli-
gious rites, with the nuptial fire, according to law,
and the ceremonies of the five great sacraments, and
the several acts which must day by day be per-
• formed.
6
6
68. A house-keeper has five places of slaughter,
6 or where small living creatures may be slain; his
kitchen-hearth, his grindstone, his broom, his pestle
and mortar, his water-pot; by using which, he be-
comes in bondage to sin:
"
<
69. For the sake of expiating offences committed
ignorantly in those places mentioned in order, the
'five great sacraments were appointed by eminent
6 sages
70
ON MARRIAGE; OR
CHAP. ‹ sages to be performed each day by such as keep
III.
' house.
6
6
<
<
6
6
6
6
6
6
<
70. Teaching and studying the scripture is the sa-
crament of the Veda; offering cakes and water, the
sacrament of the Manes; an oblation to fire, the
sacrament of the Deities; giving rice or other food
to living creatures, the sacrament of spirits; re-
ceiving guests with honour, the sacrament of men:
71. Whoever omits not those five great ceremo-
nies, if he have ability to perform them, is untainted
by the sins of the five slaughtering-places, even
though he constantly reside at home;
72. But whoever cherishes not five orders of beings,
namely, the deities; those, who demand hospitality;
those, whom he ought by law to maintain; his de-
parted forefathers; and himself; that man lives not
even though he breathe.
<
73. Some call the five sacraments ahuta and huta,
prahuta, bráhmya-huta and prásita :
"
74. Ahuta, or unoffered, is divine study; huta, or
offered, is the oblation to fire; prahuta, or well
offered, is the food given to spirits; bráhmya-huta,
is respect shewn to twice-born guests; and prásita,
or well eaten, is the offering of rice or water to
'the manes of ancestors.
6
75. Let every man in this second order employ
himself daily in reading the scripture, and in per-
'forming
1
ON THE SECOND ORDER.
71
1
<
*
6
6
6
III.
forming the sacrament of the Gods; for, being em- CHAP.
ployed in the sacrament of deities, he supports this
whole animal and vegetable world;
76. Since his oblation of clarified butter, duly cast
into the flame, ascends in smoke to the sun; from the
sun it falls in rain; from rain comes vegetable food;
and from such food animals derive their subsistence.
77. As all creatures subsist by receiving support
from air, thus all orders of men exist by receiving
support from house-keepers;
78. And since men of the three other orders are
each day nourished by them with divine learning and
' with food, a house-keeper is for this reason of the
'most eminent order:
6
79. That order, therefore, must be constantly sus-
tained with great care by the man who seeks unperish-
able bliss in heaven, and in this world pleasurable
'sensations; an order which cannot be sustained by
men with uncontrolled organs.
6
80. The divine sages, the manes, the gods, the
spirits, and guests, pray for benefits to masters of
'families; let these honours, therefore, be done to
6
<
6
them by the house-keeper who knows his duty:
81. Let him honour the Sages by studying the
Veda: the Gods, by oblations
by oblations to fire ordained by
law; the Manes, by pious obsequies; men by supply-
ing them with food; and spirits, by gifts to all ani-
mated creatures.
82. Each
72
ON MARRIAGE; OR
CHAP.
III.
<
6
82. Each day let him perform a sráddha with boiled
rice and the like, or with water, or with milk, roots,
and fruit; for thus he obtains favour from departed
progenitors.
<
83. He may entertain one Bráhmen in that sacra-
'ment among the five, which is performed for the
Pitris; but, at the oblation to all the Gods, let him
not invite even a single priest.
6
6
6
84. In his domestick fire for dressing the food of
all the Gods, after the prescribed ceremony, let a
· Bráhmen make an oblation each day to these fol-
lowing divinities
<
6
6
6
85.
6
;
First to AGNI, god of fire, and to the lunar
god, severally; then, to both of them at once; next
to the assembled gods; and afterwards, to DHAN-
WANTARI, god of medicine;
86. TO CỤнU', goddess of the day, when the new
moon is discernible; to ANUMATI, goddess of the day,
after the opposition; to PRAJAPATI, or the Lord of
Creatures; to DYA'VA' and PRITHIVI, goddesses of sky
and earth; and lastly, to the fire of the good sacri-
'fice.
6
6
6
87. Having thus, with fixed attention, offered cla-
'rified butter in all quarters, proceeding from the east
in a southern direction, to INDRA, YAMA, VARUNA, and
the god SO'MA, let him offer his gift to animated
6
creatures:
88.' Saying,
ON THE SECOND ORDER.
73
6
6
6
6
6
6
6
88.' Saying,
"I salute the Maruts," or Winds, CHAP.
let him throw dressed rice near the door; saying,
"I salute the water-gods," in water; and on his
pestle and mortar, saying, "I salute the gods of
large trees."
89. Let him do the like in the north-east, or near
his pillow, to SRI', the goddess of abundance; in
the south-west, or at the foot of his bed, to the pro-
pitious goddess BHADRACA'LI; in the centre of his
mansion, to BRAHMA' and his household god;
6
90. To all the Gods assembled, let him throw up
'his oblation in the open air; by day, to the spirits
'who walk in light; and by night, to those who walk
in darkness:
،
'
6
6
6
91. In the building on his house-top, or behind
his back, let him cast his oblation for the welfare
of all creatures; and what remains let him give to
the Pitris with his face toward the south:
92. The share of dogs, of outcasts, of dog-feeders,
of sinful men, punished with elephantiasis or con-
sumption, of crows, and of reptiles, let him drop
on the ground by little and little.
6
93. A Brahmen, who thus each day shall honour
'all beings, will go to the highest region in a straight
path, in an irradiated form.
6
6
6
94. When he has performed his duty of making
oblations, let him cause his guest to take food be-
• fore
L
III.
!
74
ON MARRIAGE; OR
CHAP.
III.
"
'fore himself; and let him give a portion of rice, as
the law ordains, to the mendicant who studies the
• Véda
C
95. Whatever fruit shall be obtained by that stu-
'dent, as the reward of his virtue, when he shall have
given a cow to his preceptor, according to law, the
´ like reward to virtue shall be obtained by the twice-
"born house-keeper, when he has given a mouthful
of rice to the religious mendicant.
6
6
6
96. To a Bráhmen who knows the true principle
of the Véda, let him present a portion of rice, or a
pot of water, garnished with fruit and flowers, due
ceremonies having preceded :
97. Shares of oblations to the Gods, or to the
'Manes, utterly perish, when presented, through de-
lusion of mind, by men regardless of duty, to such
'ignorant Brahmens as are mere ashes;
"
98. But an offering in the fire of a sacerdotal
mouth, which richly blazes with true knowledge and
piety, will release the giver from distress, and even
'from deadly sin.
6
C
99. To the guest who comes of his own accord,
'let him offer a seat and water, with such food as he
is able to prepare, after the due rites of courtesy.
100. A Bráhmen coming as a guest, and not re-
'ceived with just honour, takes to himself all the
' reward of the house-keeper's former virtue, even
6
though he had been so temperate as to live on the
'gleanings
ON THE SECOND ORDER.
75
gleanings of harvests, and so pious as to make obla- CHAP.
6 tions in five distinct fires.
"
6
101. Grass and earth to sit on, water to wash the
C
feet, and, fourthly, affectionate speech are at no time
• deficient in the mansions of the good, although they
'may be indigent.
102. A Bráhmen, staying but one night as a guest,
' is called an atiť hi; since continuing so short a time,
6
' he is not even a sojourner for a whole tithi, or day
6
6.
of the moon.
6
103. The house-keeper must not consider as an
atiť hi a mere visitor of the same town, or a Bráh-
6 men, who attends him on business, even though he
6
C
come to the house where his wife dwells, and where
his fires are kindled.·
' •
•
104. Should any house-keepers be so senseless, as
'to seek, on pretence of being guests, the food of
others, they would fall after death, by reason of
'that baseness, to the condition of cattle belonging to
the giver of such food.
6
6
105. No guest must be dismissed in the evening by.
a house-keeper; he is sent by the retiring sun; and,
whether he come in fit season or unseasonably, he
'must not sojourn in the house without entertainment.
6
106. Let not himself eat any delicate food, without
asking his guest to partake of it: the satisfaction of
a guest
L 2
III.
76
ON MARRIAGE; OR
CHAP. a guest will assuredly bring the house-keeper wealth,
reputation, long life, and a place in heaven.
III.
6
107. To the highest guests in the best form, to the
'lowest in the worst, to the equal, equally, let him
' offer seats, resting places, couches; giving them
proportionable attendance, when they depart; and
honour, as long as they stay.
<
<
<
108. Should another guest arrive, when the obla-
'tion to all the Gods is concluded, for him also let
'the house-keeper prepare food, according to his abi-
6
C
6
lity; but let him not repeat his offerings to animated
beings.
6
109. Let no Bráhmen guest proclaim his family and
ancestry for the sake of an entertainment; since he,
'who thus proclaims them, is. called by the wise a
vántásí, or foul-feeding demon.
6
6
6
6
6
<
110. A military man is not denominated a guest in
the house of a Bráhmen; nor a man of the com-
mercial or servile class; nor his familiar friend; nor
his paternal kinsman; nor his preceptor:
111. But if a warriour come to his house in the
form of a guest, let food be prepared for him, ac-
cording to his desire, after the before-mentioned
• Bráhmens have eaten.
<
112.
Even to a merchant or a labourer, approach-
ing his house in the manner of guests, let him give
6
food,
ON THE SECOND ORDER.
77
6
،
food, showing marks of benevolence at the same time CHAP.
with his domesticks:
C
113. To others, as familiar friends, and the rest
'before-named, who come with affection to his place
of abode, let him serve a repast at the same time
6
6
6
with his wife and himself, having amply provided it
according to his best means.
6
114. To a bride, and to a damsel, to the sick, and
to pregnant women, let him give food, even before
his guests, without hesitation.
6
115. The idiot, who first eats his own mess, without
having presented food to the persons just enumerated,
'knows, not, while he crams, that he will himself be
'food after death for bandogs and vultures.
<
116. After the repast of the Bráhmen guest, of his
'kinsmen, and his domesticks, the married couple may
'eat what remains untouched.
117. The house-keeper, having honoured spirits,
holy sages, men, progenitors, and household gods,
may feed on what remains after those oblations.
<
118. He, who eats what has been dressed for him-
'self only, eats nothing but sin: a repast on what
' remains after the sacrament is called the banquet of
• the good.
119. After a year from the reception of a visitor,
'let the house-keeper again honour a king, a sacrificer,
6
a student returned from his preceptor, a son in-law,
6
• a fa-
III.
78
ON MARRIAGE; OR
CHAP.
<
HI.
6
a father-in-law, and a maternal uncle, with a madhu-
perca, or present of honey, curds, and fruit.
C
120. A king or a Bráhmen arriving at the celebra-
tion of the sacrament, are to be honoured with a
madhuperca; but not, if the sacrament be over: this
' is a settled rule.
<
6
121. In the evening let the wife make an offering
of the dressed food, but without pronouncing any
text of the Veda: one oblation to the assembled
gods, thence named Vaiswadéva, is ordained both
'for evening and morning.
6
6
122. FROM month to month, on the dark day of
'the moon, let a twice-born man, having finished the
daily sacrament of the Pitris, and his fire being still
blazing, perform the solemn sráddha, called pindán-
• wáhárya:
6
6
123. €
Sages have distinguished the monthly sráddha
by the title of anwáhárya, or after eaten, that is,
eaten after the pinda, or ball of rice; and it must be
performed with extreme care, and with flesh-meat
' in the best condition.
6
•
124. 6 What Brahmens must be entertained at that
ceremony, and who must be excepted, how many
are to be fed, and with what sorts of food, on all
'those articles, without omission, I will fully discourse.
6
<
125. At the sráddha of the gods he may entertain
two Bráhmens; at that of his father, paternal grand-
father, and paternal great-grandfather, three; or one
"
only
}
79
ON THE SECOND ORDER.
6
III.
only at that of the gods, and one at that for his CHAP.
'three paternal ancestors: though
though he abound in
'wealth, let him not be solicitous to entertain a large
company.
6
6
6
6
C
126. A large company destroys these five advan-
tages; reverence to priests, propriety of time and
place, purity, and the acquisition of virtuous Bráh-
mens: let him not therefore, endeavour to feed a
superfluous number.
127. This act of due honour to departed souls, on
the dark day of the moon, is famed by the appella-
tion of pitrya, or ancestral: the legal ceremony, in
'honour of departed spirits, rewards with continual
fruit, a man engaged in such obsequies.
C
<
128. Oblations to the gods and to ancestors should
´be given to a most reverend Bráhmen, perfectly con-
versant with the Véda; since what is given to him
produces the greatest reward.
C
6
6
6
129. By entertaining one learned man at the ob-
lation to the gods and at that to ancestors, he gains
more exalted fruit than by feeding a multitude, who
know not the holy texts.
<
130. Let him inquire into the ancestry, even in a
' remote degree, of a Bráhmen, who has advanced to
،
<
the end of the Véda: such a man, if sprung from good
men, is a fit partaker of oblations to gods and
'to ancestors; such a man may justly be called an
atiť'hi, or guest.
!
131. · Surely,
80
ON MARRIAGE; OR
CHAP.
III.
131. Surely, though a million of men, unlearned
in holy texts, were to receive food, yet a single man,
learned in scripture, and fully satisfied with his en-
'tertainment, would be of more value than all of them
' together.
132. Food, consecrated to the gods and the manes,
'must be presented to a theologian of eminent learn-
ing; for certainly, when hands are smeared with
blood, they cannot be cleaned with blood only, nor
can sin be removed by the company of sinners.
6
C
6
6
133. As many mouthfuls as an unlearned man shall
swallow at an oblation to the gods and to ancestors,
so many redhot iron balls must the giver of the srád-
'dha swallow in the next world.
6
6
134. Some Bráhmens are intent on scriptural know-
ledge; others, on austere devotion; some are intent
'both on religious austerity and on the study of the
Véda; others on the performance of sacred rites:
،
6
6
135. Oblations to the manes of ancestors ought to
be placed with care before such as are intent on
´ sacred learning: but offerings to the gods may be
presented, with due ceremonies, to Bráhmens of all
the four descriptions.
•
136. There may be a Brahmen, whose father had
'not studied the scripture, though the son has ad-
vanced to the end of the Véda; or there
or there may be
one, whose son has not read the Véda, though the
father had travelled to the end of it:
6
137. · Of
ON THE SECOND ORDER.
81
III.
137. Of those two let mankind consider him as the CHAP.
superiour, whose father had studied the scripture, yet
for the sake of performing rites with holy texts, the
'other is worthy of honour.
6
138. Let no man, at the prescribed obsequies, give
'food to an intimate friend; since advantage to a friend
must be procured by gifts of different property: to
' that Brahmen let the performer of a sráddha give
food, whom he considers neither as a friend nor as
• a foe.
6
6
139. For him, whose obsequies and offerings of
' clarified butter are provided chiefly through friend-
6
6
ship, no fruit is reserved in the next life, on account
either of his obsequies or of his offerings.
6
140. The man, who, through delusion of intellect,
'forms temporal connexions by obsequies, is excluded
'from heavenly mansions, as a giver of the sráddha
'for the sake of friendship, and the meanest of twice-
• born men:
6
6
6
141. Such a convivial present, by men of the three
highest classes, is called the gift of Pisáchas, and
remains fixed here below, like a blind cow in one
• stall.
6
<
142. As a husbandman, having sown seed in a
barren soil, reaps no grain, thus a performer of holy
rites, having given clarified butter to an unlearned
Bráhmen, attains no reward in heaven;
143. But a present made, as the law ordains, to a
• learned
M
82
ON MARRIAGE; OR
III.
6
CHAP. ·
'learned theologian, renders both the giver and the
receiver partakers of good fruits in this world and in
• the next.
6
6
6
144. If no learned Bráhmen be at hand, he may at
his pleasure invite a friend to the sráddha, but not a
foe, be he ever so learned; since the oblation, being
eaten by a foe, loses all fruit in the life to come.
145. With great care let him give food at the srád-
'dha to a priest, who has gone through the scripture,
' but has chiefly studied the Rigvéda; to one, who has
'read all the branches, but principally those of the
Yajush; or to one who has finished the whole, with
particular attention to the Sáman:
6
C
146. Of that man whose oblation has been eaten,
<
' after due honours, by any one of those three Bráh-
6
6
mens, the ancestors are constantly satisfied as high
as the seventh person, or to the sixth degree.
<
147. This is the chief rule in offering the sráddha
to the gods and to ancestors; but the following may
'be considered as a subsidiary rule, where no such
learned priests can be found, and is ever observed
by good men :
6
6
148. Let him entertain his maternal grandfather, his
' maternal uncle, the son of his sister, the father of his
wife, his spiritual guide, the son of his daughter, or
'her husband, his maternal cousin, his officiating
priest, or the performer of his sacrifice.
6
6
149. For an oblation to the gods, let not the man,
• who
ON THE SECOND ORDER.
83
6
6
6
<
6
<
III.
who knows what is law, scrupulously inquire into the CHAP.
parentage of a Bráhmen; but for a prepared oblation
to ancestors let him examine it with strict care.
150. Those Bráhmens, who have committed any
inferiour theft or any of the higher crimes, who are
deprived of virility, or who profess a disbelief in a
future state, MENU has pronounced unworthy of ho-
nour at a sráddha to the gods or to ancestors.
151. To a student in theology, who has not read
'the Véda, to a man punished for past crimes by being
'born without a prepuce, to a gamester, and to such
as perform many sacrifices for other men, let him
never give food at the sacred obsequies.
6
6
152. Physicians, image-worshippers for gain, sellers
' of meat, and such as live by low traffick, must be
shunned in oblations both to the deities and to pro-
genitors.
C
6
6
6
153. 6
A public servant of the whole town, or of the
prince, a man with whitlows on his nails, or with
black-yellow teeth, an opposer of his preceptor, a
deserter of the sacred fire, and an usurer,
154. A phthisical man, a feeder of cattle, one
omitting the five great sacraments, a contemner of
· Bráhmens, a younger brother married before the elder,
an elder brother not married before the younger, and
C
6
6
a man who subsists by the wealth of many relations,
(
155. A dancer, one who has violated the rule of
chastity in the first or fourth order, the husband of a
M 2
6
• Súdrà,
84
ON MARRIAGE; OR
<
CHAP. Súdrà, the son of a twice-married woman, a man who
III.
' has lost one eye, and a husband in whose house an
'adulterer dwells,
6
156. One who teaches the Veda for wages, and one
'who gives wages to such a teacher, the pupil of a Sú-
6
dra, and the Súdra preceptor, a rude speaker, and the
son of an adulteress, born either before or after the
'death of the husband,
6
<
157. A forsaker, without just cause, of his mother,
'father or preceptor, and a man who forms a connexion,
either by scriptural or connubial affinity, with great
'sinners,
C
158. A house-burner, a giver of poison, an eater of
food offered by the son of an adulteress, a seller of
'the moon-plant (a species of mountain-rue), a navigator
<
6
6
6
6
6
6
6
of the ocean, a poetical encomiast, an oilman, and a
suborner of perjury,
<
159. A wrangler with his father, an employer of
gamesters for his own benefit, a drinker of intoxica-
ting spirits, a man punished for sin with elephantiasis,
one of evil repute, a cheat, and a seller of liquids,
6
160. A maker of bows and arrows, the husband of
a younger sister married before the elder of the whole
blood, an injurer of his friend, the keeper of a gam-
ing-house, and a father instructed in the Véda by his
6 own son,
6
6
161. An epileptick person, one who has the ery-
sipelas
ON THE SECOND ORDER.
85
sipelas or the leprosy, a common informer, a luna- CHAP.
tick, a blind man, and a despiser of scripture, must
III.
C
6
all be shunned.
162. A tamer of elephants, bulls, horses, or camels,
a man who subsists by astrology, a keeper of birds,
• and one who teaches the use of arms,
6
6
163. He, who diverts watercourses, and he, who
is gratified by obstructing them, he, who builds
'houses for gain, a messenger, and a planter of trees
for pay,
6
6
164. A breeder of sporting-dogs, a falconer, a se-
ducer of damsels, a man delighting in mischief, a
· Bráhmen living as a Súdra, a sacrificer to the infe-
riour gods only,
6
6
6
6
6
C
6
6
165. He, who observes not approved customs, and
he, who regards not prescribed duties, a constant
importunate asker of favours, he, who supports him-
self by tillage, a clubfooted man, and one despised
by the virtuous,
6
166. A shepherd, a keeper of buffalos, the husband
of a twice-married woman, and the remover of dead
bodies for pay, are to be avoided with great care.
6
167. Those lowest of Bráhmens, whose manners
are contemptible, who are not admissible into com-
pany at a repast, an exalted and learned priest must
' avoid at both sráddhas.
6
168. A Bráhmen unlearned in holy writ, is extin-
6
6
guished
86
ON MARRIAGE; OR
CHAP. ' guished in an instant like a fire of dry grass: to him
'the oblation must not be given; for the clarified but-
III.
<
ter must not be poured on ashes.
169. WHAT retribution is prepared in the next life
for the giver of food to men inadmissible into com-
pany, at the sráddha to the gods and to ancestors,
'I will now declare without omission.
6
6
<
170. On that food, which has been given to Bráh-
mens who have violated the rules of their order, to
the younger brother married before the elder, and
to the rest who are not admissible into company,
'the Racshases eagerly feast.
171. · He, who makes a marriage-contract with the
'connubial fire, while his elder brother continues un-
'married, is called a perivéttri; and the elder brother
a perivitti:
172.
The perivéttrì, the perivitti, the damsel thus
wedded, the giver of her in wedlock, and, fifthly,
'the performer of the nuptial sacrifice, all sink to
a region of torment.
<
6
<
173. He, who lasciviously dallies with the widow
of his deceased brother, though she be legally mar-
ried to him, is denominated the husband of a di-
dhishú.
<
174. Two sons, named a cunda and a gólaca, are
'born in adultery; the cunda, while the husband is
'alive, and the gólaca, when the husband is dead:
175. Those
6
ON THE SECOND ORDER.
87
6
III.
175. Those animals begotten by adulterers, destroy, CHAP.
both in this world and in the next, the food pre-
'sented to them by such as make oblations to the
gods or to the manes.
C
6
"
6
6
6
6
176. The foolish giver of a sráddha loses, in a fu-
ture life, the fruit of as many admissible guests, as
a thief or the like person, inadmissible into com-
pany, might be able to see.
6
177. A blind man placed where one with eyes
might have seen, destroys the reward of ninety; he,
who has lost one eye, of sixty; a leper, of an hun-
dred; one punished with elephantiasis, of a thou-
sand.
178. Of the gift at a sráddha, to as many Bráh-
mens, as a sacrificer for a Súdra might be able to
'touch on the body, the fruit is lost to the giver, if
he invite such a wretch ;
6
6
179. And if a Bráhmen who knows the Véda,
' receive through covetousness a present from such a
sacrificer, he speedily sinks to perdition, like a
figure of unburnt clay in water.
<
>
180. Food given to a seller of the moon-plant,
becomes ordure in another world; to a physician pu-
'rulent blood; and the giver will be a reptile bred in
• them;
if offered to an image-worshipper, it is
'thrown away; if to an usurer, infamous.
181. That which is given to a
given to a trader, endures
• neither
88
ON MARRIAGE; OR
CHAP.
III.
'neither in this life nor in the next, and that bestow-
´ed on a Bráhmen, who has married a widow, resem-
'bles clarified butter poured on ashes as an oblation
6 to fire.
6
6
6
<
<
182. That food, which is given to other base,
inadmissible men, before mentioned, the wise have
pronounced to be no more than animal oil, blood,
flesh, skin, and bones.
183. Now learn comprehensively, by what Bráh-
mens a company may be purified, when it has been
'defiled by inadmissible persons; Bráhmens, the
chief of their class, the purifiers of every assembly.
184. Those priests must be considered as the puri-
'fiers of a company who are most learned in all the
Védas and in all their Angas, together with their
'descendants who have read the whole scripture:
6
185. A priest learned in a principal part of the
Yajurveda; one who keeps the five fires constantly
burning; one skilled in a principal part of the Rig-
véda; one who explains the six Védángas; the son
' of a Bráhmì, or woman married by the Bráhma ce-
remony; and one who chants the principal Sáman;
6
C
<
186. One who propounds the sense of the Védas,
which he learnt from his preceptor, a student who
has given a thousand cows for pious uses, and a
‹ Bráhmen a hundred years old, must all be consi-
dered as the purifiers of a party at a sráddha.
6
6
187. On
1
ON THE SECOND ORDER.
89
6
III.
187. On the day before the sacred obsequies, or on CHAP.
'the very day when they are prepared, let the per-
former of them invite, with due honour, such Bráh-
mens as have been mentioned; usually one superiour,
'who has three inferiour to him.
6
6
6
188. The Bráhmen, who has been invited to a
sráddha for departed ancestors, must be continually
' abstemious; he must not even read the Védas ; and
he, who performs the ceremony, must act in the
6
same manner.
6
189. Departed ancestors, no doubt, are attendant
on such invited Bráhmens; hovering around them like
pure spirits, and sitting by them, when they are seated.
190. The priest, who having been duly invited to a
sráddha, breaks the appointment, commits a grievous
offence, and, in his next birth, becomes a hog.
191. ·
He, who caresses a Súdrà woman, after he has
'been invited to sacred obsequies, takes on himself all
the sin, that has been committed by the giver of the
repast.
6
192. The Pitris or great progenitors, are free from
wrath, intent on purity, ever exempt from sensual
'passions, endued with exalted qualities: they are pri-
'meval divinities, who have laid arms aside.
6
193. HEAR now completely, from whom they sprang ;
'who they are; by whom, and by what ceremonies
they are to be honoured.
194. The sons of MARICHI and of all the other
• Rishis
N
90
ON MARRIAGE; OR
CHAP.
III.
6
6
Rishis, who were the offspring of MENU, son of BRAH-
MA', are called the companies of Pitris, or fore-
fathers.
195. The Sómasads, who sprang from VIRAJ, are
' declared to be the ancestors of the Sádhyas; and the
Agnishwáttas, who are famed among created beings
as the children of MARICHI, to be the progenitors of
the Dévas.
6
6
<
196. Of the Daityas, the Dánavas, the Yacshas,
'the Gandharvas, the Uragas, or Serpents, the Rac-
shases, the Garudas, and the Cinnaras, the ancestors
are Barhishads descended from ATRI;
6
6
6
6
197. Of Bráhmens, those named Sómapas; of
Cshatriyas, the Havishmats; of Vaisyas, those called
Ajyapas; of Súdras, the Sucálins:
198. The Sómapas descended from Me, BHRIGU
'the Havishmats, from ANGIRAS; the Ajyapas, from
'PULASTYA; the Sucálins, from VASISHT'HA.
6
6
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6
6
199. Those who are, and those who are not, con-
sumable by fire, called Agnidagdhas, and Anag-
nidagdhas, the Cávyas, the Barhishads, the Agnish-
wáttas, and the Saumyas, let mankind consider as
the chief progenitors of Bráhmens.
200. Of those just enumerated, who are generally
reputed the principal tribes of Pitris, the sons and
grandsons indefinitely, are also in this world con-
sidered as great progenitors.
201. From the Rishis come the Pitris, or pa-
•
• triarchs;
ON THE SECOND ORDER.
91
triarchs; from the Pitris, both Dévas and Dánavas; CHAP.
'from the Dévas, this whole world of animals and III.
6
،
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6
vegetables, in due order.
202. Mere water, offered with faith to the proge-
nitors of men, in vessels of silver, or adorned with
silver, proves the source of incorruption.
203. An oblation by Bráhmens to their ancestors
transcends an oblation to the deities; because that
to the deities is considered as the opening and com-
pletion of that to ancestors.
6
204. As a preservative of the oblation to the pa-
triarchs, let the house-keeper begin with an offering
'to the gods; for the Racshases rend in pieces an obla-
tion which has no such preservative.
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205. Let an offering to the gods be made at the
beginning and end of the sráddha: it must not begin
and end with an offering to ancestors; for he, who
begins and ends it with an oblation to the Pitris,
quickly perishes with his progeny.
206. LET the Brahmen smear with cow-dung a
purified and sequestered piece of ground; and let
' him, with great care, select a place with a declivity
6 toward the south:
6
207. The divine manes are always pleased with an
• oblation in empty glades,
empty glades, naturally clean, on the
banks of rivers, and in solitary spots.
6
6
208. Having duly made an ablution with water,
let him place the invited Bráhmens, who have also
performed
N 2
92
ON MARRIAGE; OR
CHAP.
III.
6
performed their ablutions, one by one, on allotted
'seats purified with cusa-grass.
209. When he has placed them with reverence on
their seats, let him honour them, (having first ho-
noured the Gods) with fragrant garlands and sweet
• odours.
6
210. Having brought water for them with cusa-grass
and tila, let the Bráhmen, with the Bráhmens, pour
'the oblation, as the law directs, on the holy fire.
6
6
·
211. First, as it is ordained, having satisfied AGNI,
SOMA, and YAMA, with clarified butter, let him pro-
'ceed to satisfy the manes of his progenitors.
6
212. If he have no consecrated fire, as if he be yet
unmarried, or his wife be just deceased, let him drop
'the oblation into the hand of a Bráhmen; since, what
fire is, even such is a Bráhmen; as priests, who know
the Véda declare:
6
6
6
213..
Holy sages call the chief of the twice-born
the gods of obsequies, free from wrath, with placid
aspects, of a primeval race, employed in the advance-
'ment of human creatures.
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6
214. Having walked in order from east to south,
and thrown into the fire all the ingredients of his
oblation, let him sprinkle water on the ground with
'his right hand.
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<
215. From the remainder of the clarified butter
having formed three balls of rice, let him offer them,
• with
ON THE SECOND ORDER.
93
6
6
'with fixed attention, in the same
same manner as the CHAP.
water, his face being turned to the south:
216. Then having offered those balls, after due
ceremonies and with an attentive mind, to the manes
of his father, his paternal grandfather, and great
grandfather, let him wipe the same hand with the
roots of cusa, which he had before used, for the
sake of his paternal ancestors in the fourth, fifth, and
'sixth degrees, who are the partakers of the rice and
' clarified butter thus wiped off.
،
<
217. Having made an ablution, returning toward the
north, and thrice suppressing his breath slowly, let
him salute the Gods of the six seasons, and the
· Pitris also, being well acquainted with proper texts
• of the Véda.
•
218.
Whatever water remains in his ewer, let him
carry back deliberately near the cakes of rice; and,
' with fixed attention, let him smell those cakes, in
order as they were offered:
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·
219. Then, taking a small portion of the cakes in
order, let him first, as the law directs, cause the
• Bráhmens to eat of them, while they are seated.
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220.
·
If his father be alive, let him offer the srád-
dha to his ancestors in three higher degrees; or let
him cause his own father to eat, as a Bráhmen at the
obsequies:
6
221. Should his father be dead, and his grandfather
'living, let him, in celebrating the name of his father,
• that
III.
94
ON MARRIAGE; OR
CHAP. that is, in performing obsequies to him, celebrate also
his paternal great grandfather ;
III.
"
222. Either the paternal grandfather may partake
of the sráddha (so has MENU declared) or the grand-
son, authorized by him, may perform the ceremony
6 at his discretion.
<
223. Having poured water, with cusa-grass and tila,
into the hands of the Bráhmens, let him give them
the upper part of the cakes, saying "Swadhá to
the manes!"
224. Next, having himself brought with both hands,
a vessel full of rice, let him, still meditating on the
Pitris, place it before the Bráhmens without precipi-
'tation.
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225. Rice taken up, but not supported with both
hands, the malevolent Asuras quickly rend in pieces.
226. Broths, potherbs, and other eatables accom-
panying the rice, together with milk and curds,
' clarified butter and honey, let him first place on the
ground, after he has made an ablution; and let his
mind be intent on no other object:
6
•
227. Let him add spiced puddings, and milky
messes of various sorts, roots of herbs and ripe
'fruits, savoury meats, and sweet smelling drinks.
6
6
6
228. Then being duly purified, and with perfect
presence of mind, let him take up all the dishes,
one by one, and present them in order to the Bráh-
،
6
mens, proclaiming their qualities.
229. • Let
ON THE SECOND ORDER.
95
6
"
III.
229. Let him at no time drop a tear; let him on CHAP.
no account be angry; let him say nothing false;
'let him not touch the eatables with his foot; let
' him not even shake the dishes:
6
230. A tear sends the messes to restless ghosts;
anger, to foes; falsehood, to dogs; contact with
his foot, to demons; agitation, to sinners.
231. Whatever is agreeable to the Bráhmens, let
him give without envy; and let him discourse on
the attributes of GOD: such discourse is expected
by the manes.
6
232. At the obsequies to ancestors, he must let
'the Bráhmens hear passages from the Veda, from
'the codes of law, from moral tales, from heroick
poems, from the Puránas, and from theological texts.
6
233. Himself being delighted, let him give delight
'to the Bráhmens, and invite them to eat of the pro-
'visions by little and little; attracting them often
' with the dressed rice and other eatables, and men-
tioning their good properties.
6
6
234. To the son of his daughter, though a stu-.
'dent in theology, let him carefully give food at the
sráddha; offering him a blanket from Népàl as his
seat, and sprinkling the ground with tila.
6
6
235. 6
Three things are held pure at such obsequies,
'the daughter's son, the Népal blanket, and the tila ;
' and three things are praised in it by the wise, clean-
6 liness,
96
ON MARRIAGE; OR
6
CHAP. liness, freedom from wrath, and want of precipi-
'tate haste.
III.
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236. Let all the dressed food be very hot; and
let the Bráhmens eat it in silence; nor let them de-
clare the qualities of the food, even though asked
by the giver.
237. As long as the messes continue warm, as long
as they eat in silence, as long as the qualities of the
'food are not declared by them, so long the manes
feast on it.
6
6
238. What a Bráhmen eats with his head covered,
what he eats with his face to the south, what he
eats with sandals on his feet, the demons assuredly
• devour.
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6
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239. Let not a Chandála, a town-boar, a cock, a
dog, a woman in her courses, or an eunuch, see
the Bráhmens eating
240. That, which any one of them sees at the ob-
lation to fire, at a solemn donation of cows and
gold, at a repast given to Bráhmens, at holy rites
to the gods, and at the obsequies to ancestors,
produces not the intended fruit:
241. The boar destroys it by his smell; the cock,
by the air of his wings; the dog, by the cast of a
6 • look ;
the man of the lowest class, by the touch.
،
242. If a lame man,
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a man with a limb defective or redundant, be even
or a man with one eye, or
· a servant
ON THE SECOND ORDER.
97
6
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a servant of the giver, him also let his master re- CHAP.
move from the place.
243. Should another Bráhmen, or a mendicant, come
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to his house for food, let him, having obtained per-
'mission from the invited Bráhmens, entertain the
stranger to the best of his power.
6
244. Having brought together all the sorts of food,
as dressed rice and the like, and sprinkling them
' with water, let him place them before the Bráhmens,
'who have eaten; dropping some on the blades of
cusa-grass, which have been spread on the ground.
6
245. What remains in the dishes, and what has
'been dropped on the blades of cusa, must be consi-
dered as the portion of deceased Bráhmens, not girt
' with the sacrificial thread, and of such as have de-
'serted unreasonably the women of their own tribe.
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6
246. The residue, that has fallen on the ground
' at the sráddha to the manes, the wise have decided
to be the share of all the servants, who are not
'crooked in their ways, nor lazy and ill-disposed.
<
247. Before the obsequies to ancestors as far as
'the sixth degree, they must be performed to a Bráh-
men recently deceased; but the performer of them
must, in that case, give the sráddha without the ce-
6
6
6
6
remony to the Gods, and offer only one round cake;
and these obsequies for a single ancestor should be an-
nually performed on the day of his death:
248. When, afterwards, the obsequies to ancestors
III.
as
98
ON MARRIAGE; OR
CHAP.
III.
<
<
as far as the sixth degree, inclusively of him, are
performed according to law, then must the offering
' of cakes be made by the descendants in the manner
'before ordained for the monthly ceremonies.
249. THAT fool, who, having eating of the sráddha,
gives the residue of it to a man of the servile class,
'falls headlong down to the hell, named Cálasútra.
6
250. Should the eater of a sráddha enter, on the
same day, the bed of a seducing woman, his ances-
'tors would sleep for that month on her excrement.
6
6
251. HAVING, by the word swaditam, asked the
· Bráhmens if they have eaten well, let him give them,
being satisfied, water for an ablution, and cour-
teously say to them: " Rest either at home or here."
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252. Then let the Bráhmens address him, saying
swadhá; for in all ceremonies relating to deceased
' ancestors, the word swadhá is the highest benison.
،
6
6
6
253. After that, let him inform those, who have
eaten, of the food which remains; and, being in-
structed by the Bráhmens, let him dispose of it, as
they may direct.
254. At the close of the sráddha to his ancestors,
he must ask, if the Bráhmens are satisfied, by the
word swadita; after that for his family, by the word
susruta; after that for his own advancement, by the
'word sampanna; after that, which has been offered
to the gods, by the word ruchita.
255. The
ON THE SECOND ORDER.
99
6
255.
The afternoon, the cusa-grass, the cleansing CHAP.
' of the ground, the tilas, the liberal gifts of food, III.
the due preparation for the repast, and the company
' of most exalted Bráhmens, are true riches in the
obsequies to ancestors.
256. The blades of cusa, the holy texts, the fore-
noon, all the oblations, which will presently be enu-
'merated, and the purification before mentioned, are to
'be considered as wealth in the sráddha to the gods:
257. Such wild grains as are eaten by hermits,
milk, the juice of the moon-plant, meat untainted,
and salt unprepared by art, are held things fit, in
'their own nature, for the last mentioned offering.
6
258. Having dismissed the invited Bráhmens, keep-
ing his mind attentive, and his speech suppressed,
'let him, after an ablution, look toward the south,
' and ask these blessings of the Pitris:
<
259." May generous givers abound in our house!
may the scriptures be studied, and progeny increase,
in it! may faith never depart from us! and may we
• have much to bestow on the needy!"
260. Thus having ended the sráddha, let him cause
a cow, a priest, a kid, or the fire, to devour what
' remains of the cakes; or let him cast them into the
• waters.
6
261. Some make the offering of the round cakes
after the repast of the Bráhmens; some cause the
· birds
o 2
100
ON MARRIAGE; OR
CHAP. birds to eat what remains, or cast it into water or
· fire.
III.
262. Let a lawful wife, ever dutiful to her lord,
' and constantly honouring his ancestors, eat the mid-
'dlemost of the three cakes, or that offered to his
paternal grandfather, with due ceremonies, praying
' for offspring:
6
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6
6
6
263. So may she bring forth a son, who will be
long-lived, famed, and strong-minded, wealthy, hav-
ing numerous descendants, endued with the best of
qualities, and performing all duties religious and civil.
264. THEN, having washed both his hands and
sipped water, let him prepare some rice for his pa-
'ternal kinsmen; and, having given it them with due
reverence, let him prepare food also for his mater-
'nal relations.
6
"
<
6
265. Let the residue continue in its place, until
• the Bráhmens have been dismissed; and then let him
'perform the remaining domestick sacraments.
266..
•
WHAT sort of oblations, given duly to the
6 manes, are capable of satisfying them, for a long
'time or for eternity, I will now declare without omis-
•sion.
6
267. The ancestors of men are satisfied a whole
'month with tila, rice, barley, black lentils or vetches,
6
water, roots, and fruit, given with prescribed cere-
'monies;
268. Two
ON THE SECOND ORDER.
101
"
268. Two months, with fish; three months, with CHAP.
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venison; four, with mutton; five, with the flesh of
such birds, as the twice-born may eat;
III.
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6
6
269. Six months, with the flesh of kids; seven,
with that of spotted deer; eight, with that of the
deer, or antelope, called éna; nine with that of the
ruru:
270. Ten months are they satisfied with the flesh
of wild boars and wild buffalos; eleven, with that
of rabbits or hares, and of tortoises;
·
271. A whole year with the milk of cows, and food
'made of that milk; from the flesh of the long-eared
'white goat, their satisfaction endures twelve years.
•
272. The potherb cálasáca, the fish mahásalca, or
the diodon, the flesh of a rhinoceros, or of an iron-
'coloured kid, honey, and all such forest grains as
are eaten by hermits, are formed for their satisfac-
'tion without end.
6
6
6
6
6
·
273. Whatever pure food, mixed with honey, a
man offers on the thirteenth day of the moon, in the
season of rain, and under the lunar asterism Maghà,
has likewise a ceaseless duration.
274. "Oh! may that man, say the manes, be born
in our line, who may give us milky food, with ho-
ney and pure butter, both on the thirteenth of the
moon, and when the shadow of an elephant falls to
the east! "
<
275. Whatever a man, endued with strong faith,
piously
1
102
ON MARRIAGE; OR
:
CHAP. ' piously offers, as the law has directed, becomes a
perpetual unperishable gratification to his ancestors in
'the other world:
III.
6
،
6
<
<
276. The tenth and so forth, except the four-
teenth, in the dark half of the month, are the lunar
days most approved for sacred obsequies: as they
are, so are not the others.
<
277. He, who does honour to the manes, on even
lunar days, and under even lunar stations, enjoys all
his desires; on odd lunar days, and under odd lunar
asterisms, he procures an illustrious race.
278. As the latter, or dark, half of the month
surpasses, for the celebration of obsequies, the for-
mer, or bright half, so the latter half of the day sur-
passes, for the same purpose, the former half of it.
279. The oblation to
oblation to ancestors must be duly
'made, even to the conclusion of it with the distribu-
tion to the servants (or even to the close of life),
in the form prescribed, by a Bráhmen wearing his
'thread on his right shoulder, proceeding from left to
right, without remissness, and with cusa-grass in his
· hand.
،
"
6
<
280. Obsequies must not be performed by night;
since the night is called rácshasì, or infested by de-
mons; nor while the sun is rising or setting, nor when
it has just risen.
281. A house-keeper, unable to give a monthly re-
past, may perform obsequies here below, according
• to
ON THE SECOND ORDER.
103
6
to the sacred ordinance, only thrice a year, in the CHAP.
seasons of hémanta, grishma, and vershà; but the
'five sacraments he must perform daily.
6
282. The sacrificial oblation at obsequies to ances-
tors, is ordained to be made in no vulgar fire; nor
should the monthly sráddha of that Bráhmen, who
'keeps a perpetual fire, be made on any day, except
on that of the conjunction.
6
6
6
6
6
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283. When a twice-born man, having performed his
ablution, offers a satisfaction to the manes with water
only, being unable to give a repast, he gains by that
offering all the fruit of a sráddha.
284. The wise call our fathers, Vasus; our paternal
grandfathers, Rudras; our paternal great grandfathers,
Adityas (that is, all are to be revered as deities);
and to this effect there is a primeval text in the
• Véda.
6
6
285. Let a man, who is able, continually feed on
'vighasa, and continually feed on amrita: by vighasa
is meant the residue of a repast at obsequies; and by
amrita, the residue of a sacrifice to the gods.
6
6
6
6
•
286. THIS Complete system of rules, for the five
sacraments and the like, has been declared to you:
now hear the law for those means of subsistence,
' which the chief of the twice-born may seek.
III.
CHAP.
CHAP. IV.
On Economicks; and Private Morals.
CHAP.
IV.
6
6
1. LET a Bráhmen, having dwelt with a preceptor
during the first quarter of a man's life, pass the se-
'cond quarter of human life in his own house, when
he has contracted a legal marriage.
6
6
6
6
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"
2. He must live, with no injury, or with the least
possible injury, to animated beings, by pursuing those
means of gaining subsistence, which are strictly pre-
scribed by law, except in times of distress :
3. For the sole purpose of supporting life, let him
acquire property by those irreproachable occupations,
which are peculiar to his class, and unattended with
bodily pain.
4.
6
He may live by rita and amrita, or, if necessary,
by mrita, or pramrita, or even by satyánrita; but never
let him subsist by swavritti :
6
5. By rita, must be understood lawful gleaning and
gathering; by amrita, what is given unasked; by
'mrita, what is asked as alms; tillage is called pra-
• mrita;
<
<
6. Traffick and money-lending are satyánrita; even
by them, when he is deeply distressed, may he support
• life; but service for hire is named swavritti, or dog-
living, and of course he must by all means avoid it.
7.' He
ON ECONOMICKS.
105
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6
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6
6
6
•
7. He may either store up grain for three years; or CHAP.
garner up enough for one year or collect what may
last three days; or make no provision for the mor-
row.
8. Of the four Bráhmens keeping house, who follow
those four different modes, a preference is given to
the last in order successively; as to him, who most
completely by virtue has vanquished the world:
9.
One of them subsists by all the six means of live-
lihood; another by three of them; a third, by two
only; and a fourth lives barely on continually teach-
ing the Véda.
·
10. He, who sustains himself by picking up grains
and ears, must attach himself to some altar of con-
secrated fire, but constantly perform those rites only,
which end with the dark and bright fortnights and
with the solstices.
11. Let him never, for the sake of a subsistence,
' have recourse to popular conversation; let him live
6
by the conduct of a priest, neither crooked, nor art-
ful, nor blended with the manners of the mercantile
• class.
6
12. Let him, if he seek happiness, be firm in per-
'fect content, and check all desire of acquiring more
' than he possesses; for happiness has its root in con-
tent, and discontent is the root of misery.
6
13. · A Bráhmen keeping house, and supporting him-
'self by any of the legal means before-mentioned,
P
• must
IV.
106
ON ECONOMICKS;
CHAP.
IV.
6
'must discharge these following duties, which conduce
to fame, length of life, and beatitude.
6
14. Let him daily without sloth perform his pe-
'culiar duty, which the Véda prescribes; for he, who
performs that duty, as well as he is able, attains the
highest path to supreme bliss.
6
6
6
6
6
6
15. He must not gain wealth by musick or dancing,
or by any art that pleases the sense; nor by any pro-
hibited art; nor, whether he be rich or poor, must
he receive gifts indiscriminately.
16. Let him not, from a selfish appetite, be strong-
ly addicted to any sensual gratification; let him, by
improving his intellect, studiously preclude an exces-
'sive attachment to such pleasures, even though lawful.
17. · All kinds of wealth, that may impede his read-
ing the Véda, let him wholly abandon, persisting by
all means in the study of scripture; for that will be
'found his most beneficial attainment.
6
18. Let him pass through this life, bringing his ap-
parel, his discourse, and his frame of mind, to a con-
formity with his age, his occupations, his property,
his divine knowledge, and his family.
19. Each day let him examine those holy books,
'which soon give increase of wisdom; and those, which
teach the means of acquiring wealth; those, which
are salutary to life; and those nigamas, which are
explanatory of the Véda;
6
20. Since, as far as a man studies completely the
6
system
AND PRIVATE MORALS.
107
IV.
'system of sacred literature, so far only can he become CHAP.
eminently learned, and so far may his learning shine
brightly.
6
6
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6
21. The sacramental oblations to sages, to the gods,
to spirits, to men, and to his ancestors, let him con-
stantly perform to the best of his power.
22. 6
Some, who well know the ordinances for those
oblations, perform not always externally the five
great sacraments, but continually make offerings in
'their own organs of sensation and intellect :
6
6
6
23. Some constantly sacrifice their breath in their
speech, when they instruct others, or praise God aloud,
and their speech in their breath, when they meditate
in silence; perceiving in their speech and breath, thus
'employed, the unperishable fruit of a sacrificial offer-
ing:
6
6
24. Other Bráhmens incessantly perform those sacri-
fices with scriptural knowledge only; seeing with the
eye of divine learning, that scriptural knowledge is
'the root of every ceremonial observance.
6
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<
6
6
6
25. Let a Bráhmen perpetually make oblations to
consecrated fire at the beginning and end of day and
night, and at the close of each fortnight, or at the
conjunction and opposition:
"
26. At the season, when old grain is usually con-
sumed, let him offer new grain for a plentiful har-
• vest;
and at the close of the season, let him per-
form the rites called adhwara; at the solstices let him
• sacrifice
6
P 2
108
ON ECONOMICKS;
CHAP.
IV.
<
sacrifice cattle; at the end of the year, let his obla-
tions be made with the juice of the moon-plant.
27. Not having offered grain for the harvest, nor
'cattle at the time of the solstice, let no Bráhmen, who
keeps hallowed fire, and wishes for long life, taste
rice or flesh;
6
6
28.
6
Since the holy fires, not being honoured with
new grain and with a sacrifice of cattle, are greedy
' for rice and flesh, and seek to devour his vital spirits.
"
29. Let him take care, to the utmost of his power,
'that no guest sojourn in his house unhonoured with
a seat, with food, with a bed, with water, with escu-
'lent roots, and with fruit:
6
6
(
6
30.
But, let him not honour with his conversation
such as do forbidden acts; such as subsist, like cats,
by interested craft; such as believe not the scripture;
such as oppugn it by sophisms; or such as live like
rapacious water-birds.
31. With oblations to the gods and to ancestors,
'let him do reverence to Bráhmens of the second order,
'who are learned in theology, who have returned home
'from their preceptors, after having performed their re-
ligious duties and fully studied the Veda; but men of
an opposite description let him avoid.
6
6
32. Gifts must be made by each house-keeper, as
'far as he has ability, to religious mendicants, though
'heterodox; and a just portion must be reserved, with-
6
' out
AND PRIVATE MORALS.
109
،
IV.
out inconvenience to his family, for all sentient beings, CHAP.
· animal and vegetable.
6
33. A priest, who is master of a family, and pines
6
with hunger, may seek wealth from a king of the mi-
litary class, from a sacrificer, or his own pupil, but
'from no person else, unless all other helps fail: thus
" will he shew his respect for the law.
"
<
34. Let no priest, who keeps house, and is able to
procure food, ever waste himself with hunger; nor,
' when he has any substance, let him wear old or sordid
' clothes.
35. His hair, nails, and beard, being clipped; his
passions subdued; his mantle, white; his body, pure;
'let him diligently occupy himself in reading the Veda,
and be constantly intent on such acts, as may be
salutary to him.
6
6
6
6
6
6
36. Let him carry a staff of Vénu, an ewer with
water in it, a handful of cusa-grass, or a copy of the
Veda; with a pair of bright golden rings in his ears.
6
37. He must not gaze on the sun, whether rising or
setting, or eclipsed, or reflected in water, or advanced
to the middle of the sky.
38. Over a string, to which a calf is tied, let him not
step; nor let him run, while it rains; nor let him look
on his own image in water: this is a settled rule.
39.
6
By a mound of earth, by a cow, by an idol,
by a Bráhmen, by a pot of clarified butter, or of
6
· honey,
110
ON ECONOMICKS;
CHAP. 6
IV.
6
honey, by a place where four ways meet, and by
large trees well known in the district, let him pass
' with his right hand toward them.
40. Let him not, though mad with desire, approach
'his wife, when her courses appear; nor let him then
sleep with her in the same bed;
6
6
41. Since the knowledge, the manhood, the strength,
'the eye-sight, even the vital spirit of him, who ap-
proaches his wife thus defiled, utterly perish;
<
42. But the knowledge, the manhood, the strength,
'the sight, and the life of him, who avoids her in that
'state of defilement, are greatly increased.
6
6
6
<
6
6
6
6
43. Let him neither eat with his wife, nor look at
her eating, or sneezing, or yawning, or sitting care-
lessly at her ease;
C
44. Nor let a Bráhmen, who desires manly strength,
behold her setting off her eyes with black powder, or
scenting herself with essences, or baring her bosom,
or bringing forth a child.
·
45. Let him not eat his food, wearing only a
single cloth; nor let him bathe quite naked; nor let
him eject urine or feces in the highway, nor on ashes,
nor where kine are grazing.
46. 6
Nor on tilled ground, nor in water, nor on
wood raised for burning, nor, unless he be in great
need, on a mountain, nor on the ruins of a temple,
nor at any time on a nest of white ants;
47. Nor
AND PRIVATE MORALS.
111
nor walking, nor standing, nor on the bank of a
6
47. Nor in ditches with living creatures in them, CHAP.
IV.
6
river, nor on the summit of a mountain :
6
6
48. Nor let him ever eject them, looking at things
moved by the wind, or at fire, or at a priest, or at
the sun, or, at water, or at cattle;
49. But let him void his excrements, having co-
vered the earth with wood, potsherds, dry leaves
and grass, or the like, carefully suppressing his ut-
terance, wrapping up his breast and his head:
50. 6
By day let him void them with his face to
the north; by night, with his face to the south; at
'sunrise and at sunset, in the same manner as by day;
6
6
6
،
6
6
6
<
51. In the shade or in darkness, whether by day
or by night, let a Bráhmen ease nature with his face
turned as he pleases; and in places where he fears
injury to life from wild beasts or from reptiles.
52. Of him, who should urine against fire, against
the sun or the moon, against a twice-born man, a
cow, or the wind, all the sacred knowledge would
perish.
53. Let him not blow the fire with his mouth; let
him not see his wife naked; let him not throw any
foul thing into the fire; nor let him warm his feet
in it;
<
54. Nor let him place it in a chafing dish under his
bed; nor let him stride over it; nor let him keep
it,
1
112
ON ECONOMICKS;
CHAP.
6
IV.
<
<
6
it, while he sleeps, at his feet: let him do nothing
that may be injurious to life.
55. At the time of sunrise or sunset, let him not
6
eat, nor travel, nor lie down to rest; let him not
idly draw lines on the ground; nor let him take off
'his own chaplet of flowers.
<
<
56. Let him not cast into the water either urine
6
or ordure, nor saliva, nor cloth, or any other thing,
'soiled with impurity, nor blood, nor any kinds of
6
6
"
poison.
57.
;
Let him not sleep alone in an empty house
nor let him wake a sleeping man superiour to himself
in wealth and in learning; nor let him speak to a wo-
man at the time of her courses; nor let him go to
perform a sacrifice, unattended by an officiating priest.
<
58. In a temple of consecrated fire, in the pasture
' of kine, in the presence of Bráhmens, in reading
the Veda, and in eating his food, let him hold out
'his right arm uncovered.
•
6
<
59. Let him not interrupt a cow while she is drink-
ing, nor give notice to any, whose milk or water she
drinks; nor let him, who knows right from wrong,
and sees in the sky the bow of INDRA, show it to
6 any man.
5
6
60. Let him not inhabit a town, in which civil
and religious duties are neglected; nor, for a long
time, one in which diseases are frequent; let him
• not
AND PRIVATE MORALS.
113
C
not begin a journey alone: let him not reside long CHAP.
'on a mountain.
61. Let him not dwell in a city governed by a
Súdra king, nor in one surrounded with men unob-
servant of their duties, nor in one abounding with
professed hereticks, nor in one swarming with low-
• born outcasts.
(
6
6
62. Let him eat no vegetable, from which the oil
' has been extracted; nor indulge his appetite to sa-
tiety; nor eat either too early or too late; nor take
any food in the evening, if he have eaten to fulness
in the morning.
<
63. Let him make no vain corporeal exertion: let
him not sip water taken up with his closed fingers:
'let him eat nothing placed in his lap let him never
take pleasure in asking idle questions.
<
64. Let him neither dance nor sing, nor play on
'musical instruments, except in religious rites; nor
'let him strike his arm, or gnash his teeth, or make
،
6
6
a braying noise, though agitated by passion.
<
65. Let him not wash his feet in a pan of mixed
yellow metal; nor let him eat from a broken dish,
nor where his mind is disturbed with anxious appre-
'hensions.
66. Let him not use either slippers or clothes, or
'a sacerdotal string, or an ornament, or a garland,
6 or a waterpot, which before have been used by
' another.
૨
·
67. With
IV.
114
ON ECONOMICKS;
CHAP.
IV.
6
67. With untrained beasts of burden let him not
travel; nor with such, as are oppresse d by hunger
or by disease; nor with such as have imperfect
'horns, eyes, or hoofs; nor with such as have rag-
ged tails:
6
C
68. But let him constantly travel with beasts well
'trained, whose pace is quick, who bear all the marks
' of a good breed, who have an agreeable colour, and
a beautiful form; giving them very little pain with
•his whip.
6
69. The sun in the sign of Canyà, the smoke of a
'burning corse, and a broken seat, must be shunned:
' he must never cut his own hair and nails, nor ever
6 tear his nails with his teeth.
6
6
70. Let him not break mould or clay without cause:
'let him not cut grass with his nails; let him neither
S
6
indulge any vain fancy, nor do any act, that can
bring no future advantage:
<
71. He, who thus idly breaks clay, or cuts grass,
or bites his nails, will speedily sink to ruin;
'shall a detractor, and an unclean person.
and so
72. Let him use no contumelious phrase: let him
wear no garland except on his hair to ride on the
'back of a bull or a cow, is in all modes culpable.
6
6
73. Let him not pass, otherwise than by the gate,
' into a walled town, or an inclosed house; and by
night let him keep aloof from the roots of trees.
74. Never
6
AND PRIVATE MORALS.
115
6
74. Never let him play with dice: let him not CHAP.
•
put off his sandals with his hand let him not eat,
IV.
:
' while he reclines on a bed, nor what is placed in
his hand, or on a bench;
6
6
6
<
75. Nor, when the sun is set, let him eat any
thing mixed with tila; nor let him ever in this world
sleep quite naked; nor let him go any whither with
a remnant of food in his mouth.
76. Let him take his food, having sprinkled his
'feet with water; but never let him sleep with his
feet wet he, who takes his food with his feet so
sprinkled, will attain long life.
6
6
77. Let him never advance into a place undistin-
guishable by his eye, or not easily passable: never
• let him look at urine or ordure; nor let him pass
a river swimming with his arms.
6
6
6
78. Let not a man, who desires to enjoy long life,
stand upon hair, nor upon ashes, bones, or pot-
'sherds, nor upon seeds of cotton, nor upon husks
of grain.
6
<
79. Nor let him tarry even under the shade of the
same tree with outcasts for great crimes, nor with
Chandálas, nor with Puccasas, nor with idiots, nor
with men proud of wealth, nor with washermen and
other vile persons, nor with Antyavasáyins.
80. Let him not give even temporal advice to a Sú-
'dra; nor, except to his own servant, what remains
Q 2
• from
116
ON ECONOMICKS;
CHAP.
CH
IV.
6
6
6
6
from his table; nor clarified butter, of which part
has been offered to the gods; not let him in person
give spiritual counsel to such a man, nor person-
ally inform him of the legal expiation for his sin:
nor
81. Surely he, who declares the law to a servile
<
$
man, and he, who instructs him in the mode of
expiating sin, except by the intervention of a priest,
'sinks with that very man into the hell named As-
amvrita.
•
82. Let him not stroke his head with both hands;
nor let him even touch it, while food remains in
his mouth; nor without bathing it, let him bathe
• his body.
83. Let him not in anger lay hold of hair, or
'smite any one on the head; nor let him, after his
head has been rubbed with oil, touch with oil any
of his limbs.
'
6
6
6
6
84. From a king, not born in the military class,
let him accept no gift, nor from such as keep a
slaughter-house, or an oil-press, or put out a vintner's
flag, or subsist by the gain of prostitutes :
،
85. One oil-press is as bad as ten slaughter-houses;
one vintner's flag, as ten oil-presses; one prostitute,
as ten vintner's flags; one such king, as ten pros-
•titutes;
·
86. With a slaughterer, therefore, who employs
ten thousand slaughter-houses, a king, not a soldier
6
• by
AND PRIVATE MORALS.
117
6
by birth, is declared to be on a level; and a gift CHAP.
'from him is tremendous.
<
6
6
87. He, who receives a present from an avaricious
king and a transgressor of the sacred ordinances,
goes in succession to the following twenty-one hells:
88.
Támisra, Andhatámisra, Maháraurava, Raurava,
Naraca, Cálasútra, and Mahánaraca;
Sanjivana, Mahavichi, Tapana, Sampratápana,
• Sanháta, Sacácóla, Cudmala, Pútimrittica;
<
90. Lóhasancu, or iron-spiked, and Rijisha, Pan-
't'hána, the river Sálmalì, Asipatravana, or the sword-
leaved forest, and Láhángáraca, or the pit of red-hot
• charcoal.
6
6
<
91. Bráhmens, who know this law, who speak the
' words of the Veda, and who seek bliss after death,
accept no gifts from a king.
6
6
92. LET the house-keeper wake in the time sacred
'to BRAHMI', the goddess of speech, that is, in the last
<
6
6
watch of the night: let him then reflect on virtue
' and virtuous emoluments, on the bodily labour, which
6
6
6
they require, and on the whole meaning and very
essence of the Véda.
93. Having risen, having done what nature makes
necessary, having then purified himself and fixed his
attention, let him stand a long time repeating the
gayatri for the first or morning twilight; as he must,
for the last or evening twilight in its proper time.
<
IV.
94. By
}
118
ON ECONOMICKS;
CHAP.
IV.
6
6
<
6
94. By continued repetition of the gáyatrì, at the
twilights, the holy sages acquire length of days, per-
'fect knowledge, reputation during life, fame after
death, and celestial glory.
<
95. Having duly performed the upácarma, or do-
mestick ceremony with sacred fire, at the full moon
' of Srávana, or of Bhádra, let the Bráhmen, fully
exerting his intellectual powers, read the Védas
during four months and one fortnight:
6
96. Under the lunar asterism Pushya, or on the
'first day of the bright half of Mágha, and in the
'first part of the day, let him perform, out of the
town, the ceremony called the utserga of the Védas.
<
6
97. Having performed that ceremony out of town,
as the law directs, let him desist from reading
for one intermediate night winged with two days, or
for that day and that following night only;
6
98. But after that intermission, let him attentively
read the Védas in the bright fortnights; and in the
'dark fortnights let him constantly read all the Vé-
dángas.
6
6
99. He must never read the Véda without accents
and letters well pronounced; nor ever in the pre-
sence of Súdras; nor, having bun to read it in the
last watch of the night, must he, though fatigued,
sleep again.
6
100. By the rule just mentioned let him conti-
nually, with his faculties exerted, read the Mantras,
• or
AND PRIVATE MORALS.
119
<
or holy texts, composed in regular measures; and, CHAP.
6
when he is under no restraint, let him read both
IV.
•
C
the Mantras and the Bráhmenas, or chapters on the
• attributes of God.
6
6
101. LET a reader of the Veda, and a teacher of
it to his pupils, in the form prescribed, always avoid
reading on the following prohibited days.
102.
By night, when the wind meets his ear, and
by day when the dust is collected, he must not read
' in the season of rain; since both those times are
' declared unfit for reading, by such as know when
'the Veda ought to be read.
103. In lightning, thunder, and rain, or during the
'fall of large fireballs on all sides, at such times
MENU has ordained the reading of scripture to be
· deferred till the same time next day.
6
6
6
6
<
104. When the priest perceives those accidents oc-
curring at once, while his fires are kindled for
morning and evening sacrifices, then let him know,
that the Véda must not be read; and when clouds
are seen gathered out of season.
105. On the occasion of a preternatural sound from
the sky, of an earthquake, or an obscuration of the
heavenly bodies, even in due season, let him know,
that his reading must be postponed till the proper
<time:
6
6
106. But if, while his fires are blazing, the sound
of lightning and thunder is heard without rain, his
reading
120
ON ECONOMICKS;
CHAP.
IV.
6
6
reading must be discontinued, only while the phe-
nomenon lasts; the remaining event, or rain also,
happening, it must cease for a night and a day.
C
107. The reading of such, as wish to attain the
'excellent reward of virtue, must continually be sus-
'pended in towns and in cities, and always where an
'offensive smell prevails.
6
6
108. In a district, through which a corpse is carried,
and in the presence of an unjust person, the reading
of scripture must cease; and while the sound of
weeping is heard; and in a promiscuous assembly of
men.
109. In water, near midnight, and while the two
'natural excretions are made, or with a remnant of
'food in the mouth, or when the sráddha has recently
'been eaten, let no man even meditate in his heart
on the holy texts.
<
<
110. A learned Bráhmen, having received an invi-
tation to the obsequies of a single ancestor, must
'not read the Véda for three days; nor when the
king has a son born; nor when the dragon's head
causes an eclipse.
6
<
6
111. As long as the scent and unctuosity of per-
'fumes remain on the body of a learned priest, who
has partaken of an entertainment, so long he must
"
<
abstain from pronouncing the texts of the Véda.
<
112. Let him not read lolling on a couch, nor
with his feet raised on a bench, nor with his thighs
C
crossed,
AND PRIVATE MORALS.
121
'crossed, nor having lately swallowed meat, or the CHAP.
' rice and other food given on the birth or death of
6 a relation;
"
6
6
113.
Nor in a cloud of dust, nor while arrows
whiz, or a lute sounds, nor in either of the twilights,
nor at the conjunction, nor on the fourteenth day,
nor at the opposition, nor
nor on the eighth day, of
the moon :
<
114. The dark lunar day destroys the spiritual
'teacher; the fourteenth destroys the learner; the
' eighth and the day of the full moon destroy all re-
'membrance of scripture; for which reasons he must
' avoid reading on those lunar days.
6
6
115. Let no Bráhmen read, while dust falls like
'a shower, nor while the quarters of the firmament
are inflamed, nor while shakals yell, nor while dogs
'bark or yelp, nor while asses or camels bray, nor
while men in company chatter.
116. He must not read near a cemetery, near a
6 town, or in a pasture for kine; nor in a mantle
6
6
worn before at a time of dalliance; nor having just
received the present usual at obsequies:
•
117. Be it an animal, or a thing inanimate, or
'whatever be the gift at a sráddha, let him not,
having lately accepted it, read the Veda; for such a
Bráhmen is said to have his mouth in his hand.
6
118. When the town is beset by robbers, or an
alarm has been raised by fire, and in all terrours
• from
R
IV.
122
ON ECONOMICKS;
CHAP. from strange phenomena, let him know, that his lec-
IV.
6
<
6
6
ture must be suspended till the due time after the
cause of terrour be ceased.
119. The suspension of reading scripture, after a
performance of the upácarma and utserga, must be
'for three whole nights, by the man who seeks virtue
more than knowledge; also for one day and night,
on the eighth lunar days which follow those ceremo-
nies, and on the nights at the close of the seasons.
120. Never let him read on horseback, nor on a
tree, nor on an elephant, nor in a boat, nor on an
ass, nor on a camel, nor standing on barren ground,
nor borne in a carriage;
"
"
6
6
<
6
6
6
121. Nor during a verbal altercation, nor during
a mutual assault, nor with an army, nor in battle,
nor after food, while his hand is moist from washing,
nor with an indigestion, nor after vomiting, nor with
sour eructations;
<
122. Nor without notice to a guest just arrived,
nor while the wind vehemently blows, nor when blood
gushes from his body, nor when it is wounded by
' a weapon.
123. While the strain of the Sáman meets his ear,
· he shall not read the Rich, or the Yajush; nor any
6
part of the Veda, when he has just concluded the
whole; nor any other part, when he has just finished
'the book entitled Aranyaca :
·
124. The Rigvéda is held sacred to the gods; the
6
Yajurvéda
AND PRIVATE MORALS.
123
6
<
፡
Yajurvéda relates to mankind; the Sámavéda con- CHAP.
cerns the manes of ancestors, and the sound of it,
when chanted, raises therefore a notion of something
impure.
<
125. Knowing this collection of rules, let the learn-
'ed read the Véda on every lawful day, having first
repeated in order the pure essence of the three
Vedas, namely, the pranava, the vyáhritis, and the
gáyatrì.
6
6
6
126. If a beast used in agriculture, a frog, a cat,
a dog, a snake, an ichneumon, or a rat, pass between
the lecturer and his pupil, let him know, that the
' lecture must be intermitted for a day and a night.
127. Two occasions, when the Veda must not be
read, let a Bráhmen constantly observe with great
care; namely, when the place for reading it is im-
pure, and when he is himself unpurified.
6
6
128. ON
6
On the dark night of the moon, and on the
eighth, on the night of the full moon, and on the
'fourteenth, let a Bráhmen, who keeps house, be
continually chaste as a student in theology, even in
'the season of nuptial embraces.
6
129. Let him not bathe, having just eaten; nor
while he is afflicted with disease; nor in the middle
' of the night; nor with many clothes; nor in a pool
' of water imperfectly known.
6
130.
Let him not intentionally pass over the shadow
of sacred images, of a natural or spiritual father, of
1
IV.
R 2
6
a king,
124
ON ECONOMICKS;
IV.
6
reverend personage;
CHAP. ´ a king, of a Bráhmen, who keeps house, or of any
nor of a red-haired or copper-
coloured man; nor of one who has just performed a
'sacrifice.
131. 6
At noon or at midnight, or having eaten flesh
' at a sráddha, or in either of the twilights, let him
'not long tarry, where four ways meet.
132. He must not stand knowingly near oil and
other things, with which a man has rubbed his body,
'or water, in which he has washed himself, or feces
' and urine, or blood, or mucus, or any thing chewed
and spitten out, or any thing vomited.
6
6
133. Let him show no particular attention to his
enemy, or his enemy's friend, to an unjust person,
to a thief, or to the wife of another man;
6
134. Since nothing is known in this world so ob-
'structive to length of days, as the culpable atten-
'tion of a man to the wife of another.
6
6
6
135. Never let him, who desires an increase of
wealth, despise a warriour, a serpent, or a priest
versed in scripture, how mean soever they may ap-
pears
136.
Since those three, when contemned, may de-
stroy a man; let a wise man therefore always beware
of treating those three with contempt:
6
137. Nor should he despise even himself on account
· of
AND PRIVATE MORALS.
125
1
6
6
6
of previous miscarriages : let him pursue fortune till CHAP.
death, nor ever think her hard to be attained.
138. Let him say what is true, but let him say
what is pleasing; let him speak no disagreeable
truth, nor let him speak agreeable falsehood: this is
a primeval rule.
139. Let him say "well and good," or let him
6 say "well" only; but let him not maintain fruitless
enmity and altercation with any man.
140. Let him not journey too early in the morn-
ing or too late in the evening, nor too near the
'mid-day, nor with an unknown companion, nor alone,
nor with men of the servile class.
6
6
6
6
141. Let him not insult those, who want a limb, or
have a limb redundant, who are unlearned, who are
advanced in age, who have no beauty, who have
no wealth, or who are of an ignoble race.
6
142. Let no priest, unwashed after food, touch
' with his hand a cow, a Bráhmen, or fire; nor being
' in good health and unpurified, let him even look
6 at the luminaries in the firmament :
143.
But, having accidentally touched them before
'his purification, let him ever sprinkle, with water
·
"
in the palm of his hand, his organs of sensation, all
his limbs, and his navel.
6
144. Not being in pain from disease, let him never
'without cause touch the cavities of his body; and
carefully let him avoid his concealed hair.
145. Let
IV.
1
126
ON ECONOMICKS;
CHAP.
IV.
6
6
145. Let him be intent on those propitious obser-
vances which lead to good fortune, and on the dis-
charge of his customary duties, his body and mind
being pure, and his members kept in subjection;
'let him constantly without remissness repeat the
gayatri, and present his oblation to fire:
6
<
6
146. To those, who are intent on good fortune and
on the discharge of their duties, who are always pure,
'who repeat the holy text and make oblations to fire,
no calamity happens.
6
6
147. In due season let him ever study the scrip-
ture without negligence; for the sages call that his
principal duty every other duty is declared to be
• subordinate.
6
6
6
،
6
6
፡
C
C
6
6
·
:
148. By reading the Véda continually, by purity of
body and mind, by rigorous devotion, and by doing
no injury to animated creatures, he brings to re-
membrance his former birth:
6
149. A Bráhmen, remembering his former birth,
again reads the Véda, and, by reading it constantly,
attains bliss without end.
150. On the days of the conjunction and opposi-
tion, let him constantly make those oblations, which
are hallowed by the gáyatrì, and those, which avert
misfortune; but on the eighth and ninth lunar days
of the three dark fortnights after the end of Agra-
háyan, let him always do reverence to the manes of
' ancestors.
151. Far
·
AND PRIVATE MORALS.
127
6
6
6
151. Far from the mansion of holy fire, let him CHAP.
remove all ordure; far let him remove water, in which
feet have been washed; far let him remove all rem-
nants of food, and all seminal impurity.
<
152. At the beginning of each day let him dis-
charge his feces, bathe, rub his teeth, apply a col-
lyrium to his eyes, adjust his dress, and adore the
gods.
153. On the dark lunar day, and on the other
'monthly parvans, let him visit the images of deities,
' and Bráhmens eminent in virtue, and the ruler of
the land, for the sake of protection, and those whom
he is bound to revere.
6
154. Let him humbly greet venerable men, who
'visit him, and give them his own seat; let him sit
near them, closing the palms of his hands; and
when they depart, let him walk some way behind
6
•
'them.
6
6
155. Let him practise without intermission that
system of approved usages, which is the root of all
duty religious and civil, declared at large in the
scripture and sacred law tracts, together with the
'ceremonies peculiar to each act:
6
6
6
156. Since by such practice long life is attained;
by such practice is gained wealth unperishable; such
practice baffles every mark of ill fortune:
157. But, by an opposite practice, a man surely
'sinks to contempt in this world, has always a large
portion
IV.
128
ON ECONOMICKS;
'
CHAP. portion of misery, is afflicted with disease and short-
IV.
• lived;
C
158. While the man, who is observant of approved
usages, endued with faith in scripture, and free from
a spirit of detraction, lives a hundred years, even
though he bear no bodily mark of a prosperous
• life.
'
6
¿
6
159. Whatever act depends on another man, that
act let him carefully shun; but whatever depends on
'himself, to that let him studiously attend;
160.
6
ALL, THAT DEPENDS ON ANOTHER, GIVES PAIN;
< AND ALL, THAT DEPENDS ON HIMSELF, GIVES PLEASure ;
let him know this to be in few words the definition
' of pleasure and pain.
<
161. When an act, neither prescribed nor prohibited,
gratifies the mind of him who performs it, let him
perform it with diligence; but let him avoid its op-
posite.
·
162. Him, by whom he was invested with the sacri-
'ficial thread, him, who explained the Veda or even
a part of it, his mother, and his father, natural or
spiritual, let him never oppose; nor priests, nor cows,
nor persons truly devout.
<
6
163. Denial of a future state, neglect of the scrip-
ture, and contempt of the deities, envy and hatred,
vanity and pride, wrath and severity, let him at all
times avoid.
164. Let
AND PRIVATE MORALS.
129
6
<
164. Let him not, when angry, throw a stick at CHAP.
another man, nor smite him with any thing; unless
IV.
'
6
6
6
he be a son or a pupil: those two he may chastise
for their improvement in learning.
165. A twice-born man, who barely assaults a Bráh-
men with intention to hurt him, shall be whirled
about for a century in the hell named Támisra;
<
166. But, having smitten him in anger and by de-
sign, even with a blade of grass, he shall be born,
' in one and twenty transmigrations, from the wombs of
impure quadrupeds.
C
167. He, who, through ignorance of the law, sheds
blood from the body of a Bráhmen, not engaged in
'battle, shall feel excessive pain in his future life:
·
<
168. As many particles of dust as the blood shall
roll up from the ground, for so many years shall
the shedder of that blood be mangled by other ani-
< mals in his next birth.
6
6
6
169. Let not him then, who knows this law, even
'assault a Bráhmen at any time, nor strike him even
' with grass, nor cause blood to gush from his body.
6
170. EVEN here below an unjust man attains no
felicity; nor he, whose wealth proceeds from giving
false evidence; nor he, who constantly takes delight
in mischief.
171. ·
Though oppressed by penury, in consequence
of his righteous dealings, let him never give his
• mind
S
2
130
ON ECONOMICKS;
CHAP.
IV.
6
6
'mind to unrighteousness; for he may observe the
speedy overthrow of iniquitous and sinful men.
172. Iniquity, committed in this world, produces
not fruit immediately, but, like the earth, in due sea-
son; and, advancing by little and little, it eradicates
'the man who committed it.
<
6
173. Yes; iniquity, once committed, fails not of
producing fruit to him, who wrought it; if not in
his own person, yet in his sons; or, if not in his
sons, yet in his grandsons:
174. He grows rich for a while through unrighteous-
ness; then he beholds good things; then it is, that
'he vanquishes his foes; but he perishes at length
from his whole root upwards.
6
6
<
6
175. LET a man continually take pleasure in truth,
in justice, in laudable practices, and in purity; let
him chastise those, whom he may chastise, in a legal
mode; let him keep in subjection his speech, his arm,
and his appetite :
176. Wealth and pleasures, repugnant to law, let
him shun; and even lawful acts, which may cause
'future pain, or be offensive to mankind.
6
177. Let him not have nimble hands, restless feet,
or voluble eyes; let him not be crooked in his ways;
'let him not be flippant in his speech, nor intelligent
' in doing mischief.
178. Let him walk in the path of good men; the
6
· path,
V
AND PRIVATE MORALS.
131
path, in which his parents and forefathers walked :
' while he moves in that path, he can give no offence.
6
6
179. WITH an attendant on consecrated fire, a per-
'former of holy rites, and a teacher of the Véda, with
his maternal uncle, with his guest or a dependant,
' with a child, with a man either aged or sick, with
a physician, with his paternal kindred, with his re-
lations by marriage, and with cousins on the side of
• his mother,
C
180. With his mother herself, or with his father,
' with his kinswomen, with his brother, with his son,
his wife, or his daughter, and with his whole set
' of servants let him have no strife.
6
181. A house-keeper, who shuns altercation with
'those just mentioned, is released from all secret faults;
6
6
and, by suppressing all such disputes, he obtains a
victory over the following worlds:
182. The teacher
The teacher of the Véda secures him the
' world of BRAHMA'; his father, the world of the Sun,
or of the Prajapatis; his guest, the world of INDRA;
'his attendance on holy fire, the world of Dévas;
6
6
C
183. 6
His female relations, the world of celestial
nymphs; his maternal cousins, the world of the Vis-
wadévas; his relations by affinity, the world of waters;
• his mother and maternal uncle give him power on
earth;
<
184. Children, old men, poor dependants, and sick
persons, must be considered as rulers of the pure
• ether;
$ 2
CHAP.
IV.
132
ON ECONOMICKS;
CHAP.
IV.
ether; his elder brother, as equal to his father; his
'wife and son, as his own body;
185. His assemblage of servants, as his own shadow;
'his daughter, as the highest object of tenderness S:
'let him, therefore, when offended by any of those,
bear the offence without indignation.
6
<
186. THOUGH рpermitted to receive presents, let him
‹ avoid a habit of taking them; since, by taking many
gifts, his divine light soon fades.
6
187. Let no man of sense, who has not fully in-
• formed himself of the law concerning gifts of par-
'ticular things, accept a present, even though he pine
' with hunger.
"
188. The man who knows not that law, yet accepts
gold or gems, land, a horse, a cow, food, raiment,
oils or clarified butter, becomes'n ere ashes, like
'wood consumed by fire:
6
189. Gold and gems burn up his nourishment and
life; land and a cow, his body; a horse, his eyes;
'raiment, his skin; clarified butter, his manly strength;
oils, his progeny.
190. A twice-born man, void of true devotion, and
not having read the Véda, yet eager to take a gift,
sinks down together with it, as with a boat of stone
in deep water.
6
law, be
191. Let him then, who knows not the
fearful of presents from this or that giver; since an
6
ignorant
AND PRIVATE MORALS.
133
6
6
ignorant man, even by a small gift, may
may become CHAP.
helpless as a cow in a bog.
192. Let no man, apprized of this law, present even
water to a priest, who acts like a cat, nor to him,
'who acts like a bittern, nor to him, who is unlearned
in the Véda,
6
6
;
193. Since property, though legally gained, if it
'be given to either of those three,, becomes preju-
'dicial in the next world, both to the giver and re-
'ceiver:
6
6
6
194. As he, who tries to pass over deep water in
a boat of stone, sinks to the bottom, so those two
ignorant men, the receiver and the giver, sink to
a region of torment.
6
195. A covetous wretch, who continually displays
'the flag of virtue, a pretender, a deluder of the
people, is declared to be the man who acts like
• a cat: he is an injurious hypocrite, a detractor from
• the merits of all men,
6
6
6
196. A twice-born man, with his eyes dejected,
morose, intent on his own advantage, sly, and falsely
demure, is he, who acts like a bittern.
197. Such priests, as live like bitterns, and such
as demean themselves like cats, fall by that sinful
'conduct into the hell called Andhatámisra.
198.
LET no man, having committed sin, perform
' a penance, under the pretext of austere devotion,
disguising
6
IV.
134
ON ECONOMICKS;
CHAP. 6
IV.
6
disguising his crime under fictitious religion, and de-
ceiving both women and low men:
199. Such impostors, though Bráhmens, are despised
• in the next life and in this, by all who pronounce
holy texts; and every religious act fraudulently per-
'formed goes to evil beings.
6
<
6
'
200. He, who has no right to distinguishing marks,
yet gains a subsistence by wearing false marks of
distinction, takes to himself the sin committed by
those who are entitled to such marks, and shall again
be born from the womb of a brute animal.
201. <
NEVER let him bathe in the pool of another
man; for he, who bathes in it without licence, takes
to himself a small portion of the sins, which the
'maker of the pool has committed.
6
(
·
202. He, who appropriates to his own use the
carriage, the bed, the seat, the well, the garden,
or the house of another man, who has not deliver-
'ed them to him, assumes a fourth part of the guilt
6 of their owner.
203. In rivers, in ponds dug by holy persons, and
in lakes, let him always bathe; in rivulets also, and
in torrents.
6
204. A WISE man should constantly discharge all
the moral duties, though he perform not constantly
'the ceremonies of religion; since he falls low, if,
'while he performs ceremonial acts only, he discharge
6 not his moral duties.
•
205. NEVER
AND PRIVATE MORALS.
135
6
፡
205. NEVER let a priest eat part of a sacrifice not CHAP.
begun with texts of the Véda, nor of one performed IV.
by a common sacrificer, by a woman, or by an eu-
6 nuch:
206. When those persons offer the clarified butter,
it brings misfortune to good men, and raises aver-
'sion in the deities; such oblations, therefore, he must
carefully shun.
6
6
6
6
6
6
6
6
6
6
207. Let him never eat the food of the insane,
the wrathful, or the sick; nor that, on which lice
have fallen; nor that, which has designedly been
touched by a foot;
6
208. Nor that, which has been looked at by the
slayer of a priest, or by any other deadly sinner, or
has even been touched by a woman in her courses,
or pecked by a bird, or approached by a dog:
209. Nor food which has been smelled by a cow;
nor particularly that which has been proclaimed for
all comers; nor the food of associated knaves, or of
harlots; nor that, which is contemned by the learned
in scripture;
6
210. Nor that of a thief or a publick singer, of a
carpenter, of an usurer, of one who has recently
come from a sacrifice, of a niggardly churl, or of
one bound with fetters ;
6
211. Of one publickly defamed, of an eunuch, of
an unchaste woman, or of a hypocrite: nor any
'sweet thing turned acid, nor what has been kept a
• whole
136
ON ECONOMICKS;
CHAP. whole night; nor the food of a servile man, nor the
6 orts of another;
IV.
6
212. Nor the food of a physician, or of a hunter,
or of a dishonest man, or of an eater of orts; nor
'that of any cruel person; nor of a woman in child-
bed; nor of him, who rises prematurely from table
to make an ablution; nor of her, whose ten days of
purification have not elapsed;
213. Nor that, which is given without due ho-
'nour to honourable men; nor any flesh, which has
not been sacrificed; nor the food of a woman, who
has neither a busband nor a son; nor that of a foe,
"
<
nor that of the whole town, nor that of an outcast,
nor that on which any person has sneezed;
6
214. Nor that of a backbiter, or of a false wit-
'ness; nor of one, who sells the reward of his sacri-
'fice; nor of a publick dancer, or a tailor; nor of
him who has returned evil for good;
<
6
6
215. Nor that of a blacksmith, or a man of the
'tribe called Nisháda, nor of a stage-player, nor of
a worker in gold or in cane, nor of him who sells
weapons;
216. Nor of those, who train hunting-dogs, or sell
fermented liquor; nor of him who washes clothes,
or who dyes them; nor of any malevolent person;
nor of one, who ignorantly suffers an adulterer to
'dwell under his roof;
6
217. Nor
AND PRIVATE MORALS.
137
"
6
IV.
217. Nor of those, who knowingly bear with the CHAP.
paramours of their own wives, or are constantly in
'subjection to women; nor food given for the dead
'before ten days of purification have passed; nor any
'food whatever, but that which satisfies him.
218. Food given by a king, impairs his manly vi-
gour; by one of the servile class, his divine light;
by goldsmiths, his life; by leathercutters, his good
< name:
6
-
219. Given by cooks and the like mean artizans,
it destroys his offspring; by a washerman, his mus-
'cular strength; but the food of knavish associates
and harlots excludes him from heaven :
6
220. The food of a physician is purulent; that of
a libidinous woman, seminal; that of an usurer, fe-
'culent; that of a weapon-seller, filthy:
221. That of all others, mentioned in order, whose
'food must never be tasted, is held equal by the wise
to the skin, bones, and hair of the dead.
<
222. Having unknowingly swallowed the food of
any such persons, he must fast during three days;
'but, having eaten it knowingly, he must perform the
same harsh penance, as if he had tasted any semi-
'nal impurity, ordure, or urine.
6
6
223. Let no learned priest eat the dressed grain
of a servile man, who performs no parental obse-
quies; but, having no other means to live, he may
• take from him raw grain enough for a single night.
6
T
224. The
138
ON ECONOMICKS;
CHAP.
IV.
6
224. The deities, having well considered the food
of a niggard, who has read the scripture, and that
of an usurer, who bestows gifts liberally, declared
the food of both to be equal in quality;
225. But BRAHMA',
advancing towards the gods,
advancing
thus addressed them: "Make not that equal, which
in truth is unequal; since the food of a liberal man
is purified by faith, while that of a learned miser is
' defiled by his want of faith in what he has read."
226. LET each wealthy man continually and sedu-
'lously perform sacred rites, and consecrate pools or
gardens with faith; since those two acts, accom-
plished with faith and with riches honestly gained,
procure an unperishable reward:
<
6
227. If he meet with fit objects of benevolence,
'let him constantly bestow gifts on them, both at
'sacrifices and consecrations, to the best of his power
and with a chearful heart;
เ
6
228. Such a gift, how small soever, bestowed on
request without grudging, passes to a worthy object,
who will secure the giver from all evil.
6
229. A giver of water obtains content; a giver of
'food, extreme bliss; a giver of tila, desired off-
spring; a giver of a lamp, unblemished eyesight;
<
230. A giver of land obtains landed property; a
giver of gems or gold, long life; a giver of a house,
the most exalted mansion; a giver of silver, exqui-
• site beauty;
231. A giver
AND PRIVATE MORALS.
139
،
·
$
IV.
231. A giver of clothes, the same station with CHAP.
·
CHANDRA; a giver of a horse, the same station with
Aswi; a giver of a bull, eminent fortune; a giver
of a cow, the mansion of SURYA;
6
232. A giver of a carriage or a bed, an excellent
consort; a giver of safety, supreme dominion; a
'giver of grain, perpetual delight; a giver of scriptu-
'ral knowledge, union with GoD:
'
<
233. Among all those gifts, of water, food, kine,
land, clothes, tila, gold, clarified butter, and the
rest, a gift of spiritual knowledge is consequently the
'most important;
6
6
<
6
6
<
6
C
•
<
234. And for whatever purpose a man bestows any
gift, for a similar purpose he shall receive, with due
honour, a similar reward.
235. Both he, who respectfully bestows a pre-
sent, and he who respectfully accepts it, shall go
to a seat of bliss; but, if they act otherwise, to a
region of horrour.
236. LET not a man be proud of his rigorous devo-
tion; let him not, having sacrificed, utter a false-
hood; let him not, though injured, insult a priest;
having made a donation, let him never proclaim it:
<
237. By falsehood, the sacrifice becomes vain; by
pride, the merit of devotion is lost; by insulting
priests, life is diminished; and by proclaiming a
largess, its fruit is destroyed.
T 2
238. GIVING
140
ON ECONOMICKS;
CHAP.
IV.
6
6
6
238. GIVING no pain to any creature, let him col-
lect virtue by degrees, for the sake of acquiring a
companion to the next world, as the white ant by
degrees builds his nest;
239. For, in his passage to the next world, neither
his father, nor his mother, nor his wife, nor his son,
nor his kinsmen, will remain in his company : his
'virtue alone will adhere to him.
240..
Single is each man born; single he dies; sin-
'gle he receives the reward of his good, and single
'the punishment of his evil, deeds:
6
6
6
241. When he leaves his corse, like a log or a
lump of clay, on the ground, his kindred retire with
averted faces; but his virtue accompanies his soul.
·
242. Continually, therefore, by degrees, let him
• collect virtue, for the sake of securing an insepara-
'ble companion; since with virtue for his guide, he
'will traverse a gloom, how hard to be traversed!
•
6
6
6
6
243. A man, habitually virtuous, whose offences
have been expiated by devotion, is instantly con-
veyed after death to the higher world, with a radiant
form and a body of ethereal substance.
244. HE, who seeks to preserve an exalted rank,
must constantly form connexions with the highest
and best families, but avoid the worst and the
meanest ;
245. Since a priest, who connects himself with the
• best
AND PRIVATE MORALS.
141
IV.
best and highest of men, avoiding the lowest and CHAP.
worst, attains eminence; but sinks, by an opposite
'conduct, to the class of the servile.
6
6
6
6
246..
HE, who perseveres in good actions, in sub-
duing his passions, in bestowing largesses, in gentle-
ness of manners, who bears hardships patiently, who
' associates not with the malignant, who gives pain to
no sentient being, obtains final beatitude.
6
C
6
247. WOOD, water, roots, fruit, and food placed
before him without his request, he may accept from
all men; honey also, and protection from danger.
248. 6
Gold, or other alms, voluntarily brought and
presented, but unasked and unpromised, BRAHMA'
'considered as receivable even from a sinner:
6
249. Of him, who shall disdain to accept such
alms, neither will the manes eat the funeral oblations
for fifteen years, nor will the fire convey the burnt
'sacrifice to the gods.
6
6
6
6
250. A bed, houses, blades of cusa, perfumes,
water, flowers, jewels, butter-milk, ground rice, fish,
new milk, flesh-meat, and green vegetables, let him
not proudly reject.
251.
When he wishes to relieve his natural parents
or spiritual father, his wife or others, whom he is
'bound to maintain, or when he is preparing to ho-
6
nour deities or guests, he may receive gifts from any
< person, but must not gratify himself with such pre-
6 sents:
252. • If
142
ON ECONOMICKS;
CHAP.
IV.
6
252. If his parents, however, be dead, or if he
live without them in his own house, let him, when
he seeks nourishment for himself, receive presents
invariably from good men alone.
253. A labourer in tillage, a family friend, a herds-
6 man, a slave, a barber, a poor stranger offering
his humble duty, are men of the servile class, who
may eat the food of their superiours :
6
<
254. As the nature of the poor stranger is, as the
work is, which he desires to perform, and as he
may show most respect to the master of the house,
even thus let him offer his service;
6
255. For he, who describes himself to worthy men,
' in a manner contrary to truth, is the most sinful
• wretch in this world: he is the worst of thieves, a
• stealer of minds.
6
<
6
<
6
6
256. All things have their sense ascertained by
speech; in speech they have their basis; and from
speech they proceed: consequently, a falsifier of
speech falsifies every thing.
•
257. WHEN he has paid, as the law directs, his
debts to the sages, to the manes, and to the gods,
by reading the scripture, begetting a son, and per-
'forming regular sacrifices, he may resign all to his
son of mature age, and reside in his family-house,
6
C
with no employment, but that of an umpire.
258. Alone, in some solitary place, let him con-
6
stantly
AND PRIVATE MORALS.
143
،
<
6
C
IV.
stantly meditate on the divine nature of the soul, CHAP.
for by such meditation he will attain happiness.
259. THUS has been declared the mode, by which
a Bráhmen, who keeps house, must continually sub-
sist, together with the rule of devotion ordained for
a pupil returned from his preceptor; a laudable rule,
which increases the best of the three qualities.
260. A priest, who lives always by these rules,
'who knows the ordinances of the Veda, who is freed
'from the bondage of sin, shall be absorbed in the
• divine essence.
6
CHAP.
CHAP. V.
On Diet, Purification, and Women.
CHAP.
V.
1. THE sages, having heard those laws delivered for
the conduct of house-keepers, thus addressed the high-
minded BHRIGU, who proceeded in a former birth
from the genius of fire.
2. How, Lord, can death prevail over Bráhmens,
'who know the scriptural ordinances, and perform their
'duties as they have been declared?"
6
3. Then he, whose disposition was perfect virtue,
even BHRIGU, the son of MENU, thus answered the
great Rishis: Hear, from what sin proceeds the in-
'clination of death, to destroy the chief of the twice-
• born:
6
4.
Through a neglect of reading the Véda, through
a desertion of approved usages, through supine re-
'missness in performing holy rites, and through various
'offences in diet, the genius of death becomes eager
to destroy them.
6
5. Garlick, onions, leeks, and mushrooms (which
6 no twice-born man must eat), and all vegetables
• raised in dung.
6. Red gums or resins, exuding from trees, and
juices from wounded stems, the fruit sélu, and the
• thickened
*
ON DIET, PURIFICATION, &c.
145
1
V.
'thickened milk of a cow within ten days after her CHAP.
calving, a priest must avoid with great care.
<
7. Rice-pudding boiled with tila, frumenty, rice-
milk, and baked bread, which have not been first
'offered to some deity, flesh-meat also, the food of
gods, and clarified butter, which have not first been
'touched, while holy texts were recited,
<
8. Fresh milk from a cow, whose ten days are
not passed, the milk of a camel, or any quadruped
' with a hoof not cloven, that of an ewe, and that
' of a cow in heat, or whose calf is dead or absent
• from her,
6
<
9. That of any forest-beast, except the buffalo,
'the milk of a woman, and any thing naturally sweet
'but acidulated, must all be carefully shunned:
6
6
C
6
10. But among such acids, buttermilk may be
swallowed, and every preparation of buttermilk, and
all acids extracted from pure flowers, roots, or fruit
not cut with iron.
11. Let every twice-born man avoid carnivorous
birds, and such as live in towns, and quadrupeds
⚫ with uncloven hoofs, except those allowed by the
Véda, and the bird called tittibha;
6
6
12. The sparrow, the water-bird plava, the pheni-
copteros, the chacraváca, the breed of the town-
cock, the sárasa, the rajjuvála, the woodpecker,
and the parrot, male and female;
U
6
13. Birds,
146
ON DIET, PURIFICATION,
CHAP.
V.
<
6
6
13.
Birds, that strike with their beaks, webfooted
birds, the coyashti, those, who wound with strong
talons, and those, who dive to devour fish; let him
' avoid meat kept at a slaughter-house, and dried
6 meat,
14. The heron, the raven, the c'hanjana, all amphi-
'bious fish-eaters, tame hogs, and fish of every sort,
but those expressly permitted.
6
15. He, who eats the flesh of any animal, is called
'the eater of that animal itself; and a fish-eater is
an eater of all flesh; from fish, therefore, he must
diligently abstain :
6
6
6
6
16. Yet the two fish, called páť hína and róhita,
may be eaten by the guests, when offered at a re-
past in honour of the gods or the manes;
and so
may the rájíva, the sinhatunda, and the sasalca of
every species.
6
17. Let him not eat the flesh of any solitary ani-
'mals, nor of unknown beasts or birds, though by
6
general words declared eatable, nor of any creature
'with five claws;
6
<
18. The hedgehog and porcupine, the lizard gódhá,
the gandaca, the tortoise, and the rabbit or hare,
wise legislators declare lawful food among five-toed
'animals; and all quadrupeds, camels excepted, which
have but one row of teeth.
19.
The twice-born man, who has intentionally
eaten
AND WOMEN.
147
८
V.
eaten a mushroom, the flesh of a tame hog, or a CHAP.
'town-cock, a leek, or an onion, or garlick, is de-
' graded immediately;
6
6
20. But having undesignedly tasted either of those
six things, he must perform the penance sántapana,
or the chándrayana, which anchorets practise; for
' other things he must fast a whole day.
21. One of those harsh penances, called prájápatya,
the twice-born man must perform annually, to purify
him from the unknown taint of illicit food; but he
'must do particular penance for such food intentionally
• eaten.
6
22. BEASTS and birds of excellent sorts may be
slain by Bráhmens for sacrifice, or for the suste-
nance of those, whom they are bound to support;
'since AGASTYA did this of old.
C
·
23. No doubt, in the primeval sacrifices by holy
men, and in oblations by those of the priestly and
'military tribes, the flesh of such beasts and birds,
as may be legally eaten, was
was presented to the
' deities.
<
24. That, which may be eaten or drunk, when fresh,
' without blame, may be swallowed, if touched with
´oil, though it has been kept a whole night; and so
6
may the remains of clarified butter:
<
25. And every mess prepared with barley or wheat,
or with dressed milk, may be eaten by the twice-
'born, although not sprinkled with oil.
U 2
•
26. Thus
148
· ON DIET, PURIFICATION,
CHAP.
V.
6
26. Thus has the food, allowed or forbidden to a
twice-born man, been comprehensively mentioned:
'I will now propound the special rules for eating and
for avoiding flesh-meat.
<
27. He should taste meat, which has been hal-
lowed for a sacrifice with appropriated texts, and,
once only, when a priest shall desire him, and when
he is performing a legal act, or in danger of losing
• life.
6
28. For the sustenance of the vital spirit, BRAH-
MA' created all this animal and vegetable system;
and all, that is moveable or immoveable, that spirit
⚫ devours.
6
29. Things fixed are eaten by creatures with lo-
'comotion; toothless animals, by animals with teeth;
'those without hands, by those to whom hands were
given; and the timid, by the bold.
6
<
6
6
30.
He, who eats according to law,
commits no
sin, even though every day he tastes the flesh of
such animals, as may lawfully be tasted; since both
animals, who may be eaten, and those who eat
them, were equally created by BRAHMA'.
31. It is delivered as a rule of the gods, that
31.‘It
'meat must be swallowed only for the purpose of
'sacrifice; but it is a rule of gigantick demons, that
it may be swallowed for any other purpose.
6
6
32. No sin is committed by him, who, having ho-
noured the deities and the manes, eats flesh-meat,
· which
AND WOMEN.
149
6
6
' which he has bought, or which he has himself ac- CHAP.
quired, or which has been given him by another:
6
33. Let no twice-born man, who knows the law,
and is not in urgent distress, eat flesh without ob-
serving this rule; for he, unable to
for he, unable to save himself,
' will be devoured in the next world by those ani-
mals, whose flesh he has thus illegally swallowed.
<
<
6
34. The sin of him, who kills deer for gain, is
not so heinous, with respect to the punishment in
another life, as that of him, who eats flesh-meat in
vain, or not previously offered as a sacrifice :
6
35. But the man, who, engaged in holy rites ac-
cording to law, refuses to eat it,
it, shall sink in
' another world, for twenty-one births, to the state
of a beast,
6
36.
Never let a priest eat the flesh of cattle un-
hallowed with mantras, but let him eat it, observing
'the primeval rule, when it has been hallowed with
'those texts of the Véda.
37. Should he have an earnest
earnest desire to taste
'flesh-meat, he may gratify his fancy by forming the
image of some beast with clarified butter thickened,
6
6
or he may form it with dough; but never let him
indulge a wish to kill any beast in vain:
38. As many hairs as grow on the beast, so many
• similar deaths shall the slayer of it, for his own
'satisfaction in this world, endure in the next from
birth to birth.
39. By
V.
150
ON DIET, PURIFICATION,
CHAP.
V.
39. By the self-existing in person were beasts
'created for sacrifice; and the sacrifice was ordained
for the increase of this universe: the slaughterer,
'therefore, of beasts for sacrifice is in truth no slaugh-
'terer.
6
40. Gramineous plants, cattle, timber-trees, am-
'phibious animals, and birds, which have been de-
stroyed for the purpose of sacrifice, attain in the
6 next world exalted births.
6
41. On a solemn offering to a guest, at a sacri-
'fice, and in holy rites to the manes or to the gods,
'but on those occasions only, may cattle be slain:
this law MENU enacted.
6
6
6
42. The twice-born man, who, knowing the mean-
ing and principles of the Véda, slays cattle on the
occasions mentioned, conveys both himself and those
cattle to the summit of beatitude.
43 Let no twice-born man, whose mind is im-
proved by learning, hurt animals without the sanc-
tion of scripture, even though in pressing distress,
'whether he live in his own house, or in that of his
preceptor, or in a forest.
6
44. That hurt, which the scripture ordains, and
which is done in this world of moveable and im-
'moveable creatures, he must consider as no hurt at
all; since law shone forth from the light of the scrip-
6 ture.
45. He, who injures animals, that are not injurious,
' from
AND WOMEN.
151
'from a wish to give himself pleasure, adds nothing CHAP.
<
6
to his own happiness, living or dead;
6
46. While he, who gives no creature willingly the
pain of confinement or death, but seeks the good
' of all sentient beings, enjoys bliss without end.
6
47. He, who injures no animated creature, shall
• attain without hardship whatever he thinks of, what-
ever he strives for, whatever he fixes his mind on.
48. Flesh-meat cannot be procured without injury
to animals, and the slaughter of animals obstructs
the path to beatitude; from flesh-meat, therefore,
let man abstain :
6
•
6
6
49. Attentively considering the formation of bodies,
' and the death or confinement of embodied spirits,
let him abstain from eating flesh-meat of any kind.
6
50. The man, who forsakes not the law, and eats
not flesh-meat, like a blood-thirsty demon, shall at-
'tain good will in this world, and shall not be afflicted
'with maladies.
6
6
6
51. ·
He, who consents to the death of an animal
he, who kills it; he, who dissects it; he, who buys
it; he, who sells it; he, who dresses it; he, who
;
serves it up; and he, who makes it his food; these
are eight principals in the slaughter.
52. Not a mortal exists more sinful than he, who,
without an oblation to the manes or the gods, de-
sires to enlarge his own flesh with the flesh of ano-
ther creature.
V.
<
54. The
152
ON DIET, PURIFICATION,
CHAP.
V.
<
<
•
53. The man, who performs annually, for a hun-
dred years, an aswamédha, or sacrifice of a horse, and
the man, who abstains from flesh-meat, enjoy for
their virtue an equal reward.
·
54. By subsisting on pure fruit and on roots, and
by eating such grains as are eaten by hermits, a
man reaps not so high a reward, as by carefully
'abstaining from animal food.
6
55.
"Me he (mán sa) will devour in the next
world, whose flesh I eat in this life;" thus should a
I flesh eater speak, and thus the learned pronounce the
'true derivation of the word mánsa, or flesh.
<
"
56. In lawfully tasting meat, in drinking fermented
liquor, in caressing women, there is no turpitude;
for to such enjoyments men are naturally prone: but
a virtuous abstinence from them produces a signal
' compensation.
6
6
57. Now will I promulgate the rules of purification
'for the dead, and the modes of purifying inanimate
'things, as the law prescribes them for the four
6 classes in due order.
6
6
C
58. When a child has teethed, and when, after
teething, his head has been shorn, and when he has
been girt with his thread, and when, being full
grown, he dies, all his kindred are impure on the
birth of a child the law is the same.
:
59. By a dead body, the sapindas are rendered
impure in the law for ten days, or until the fourth
day,
น
AND WOMEN.
153
•
V.
day, when the bones have been gathered up, or for CHAP.
'three days, or for one day only, according to the
· qualities of the deceased:
6
+
60. Now the relation of the sapindas, or men con-
'nected by the funeral cake, ceases with the seventh
person, or in the sixth degree of ascent or descent,
and that of samánódacas, or those connected by an
equal oblation of water, ends only,
ends only, when their
births and family-names are no longer known.
6
6
6
C
6
6
61. As this impurity, by reason of a dead kins-
man, is ordained for sapindas, even thus it is or-
dained on a child-birth, for those who seek absolute
purity.
C
62. Uncleanness, on account of the dead, is or-
dained for all; but on the birth of a child, for the
mother and father: impurity, for ten days after the
'child-birth, affects the mother only; but the father,
having bathed, becomes pure.
C
6
63. A man, having wasted his manhood, is puri-
'fied by bathing; but, after begetting a child on
parapúrvá, he must meditate for three days on his
impure state.
"
6
6
64. In one day and night, added to nights three
times three, the sapindas are purified after touching
the corpse; but the samánódacas, in three days.
65. A pupil in theology, having performed the
ceremony of burning his deceased preceptor, be-
X
6
comes
154
ON DIET, PURIFICATION,
CHAP.
V.
}
6
comes pure in ten nights: he is equal, in that case,
to the sapindas, who carry out the dead.
66. ' In a number of nights, equal to the number
of months from conception, a woman is purified on
' a miscarriage; and a woman in her courses is ren-
'dered pure by bathing, when her effusion of blood
has quite stopped.
<
67. For deceased male children, whose heads have
not been shorn, purity is legally obtained in one
night; but for those, on whom that ceremony has
'been performed, a purification of three nights is re-
•quired.
C
6
6
<
68. A dead child under the age of two years, let
his kinsmen carry out having decked him with
flowers, and bury him in pure ground, without col-
lecting his bones at a future time :
69. 'Let no ceremony with fire be performed for
'him, nor that of sprinkling water; but his kindred,
6
having left him like a piece of wood in the forest,
'shall be unclean for three days.
6
<
the
70. For a child under the age of three years,
ceremony with water shall not be performed by his
• kindred; but, if his teeth be completely grown, or
6
6
a name have been given him, they may perform it,
or not, at their option.
<
71. A fellow student in theology being dead, three
days of impurity are ordained; and, on the birth of
a samánódaca, purification is required for three nights.
•
72. The
AND WOMEN.
155
,
72. The relations of betrothed but unmarried dam- CHAP.
V.
sels, are in three days made pure; and, in as many,
6
6
6
are their paternal kinsmen purified after their mar-
riage:
73. Let them eat vegetable food without factitious,
that is, only with native, salt; let them bathe for
three days at intervals; let them taste no flesh-
6 meat ;
and let them sleep apart on the ground.
،
74.
This rule, which ordains impurity by reason
of the dead, relates to the case of one dying near
'his kinsmen; but, in the case of one dying at a dis-
6
6
tance, the following rule must be observed by those,
'who share the same cake, and by those, who share
only the same water:
6
6
75. The man, who hears that a kinsman is dead
in a distant country, becomes unclean, if ten days
' after the death have not passed, for the remainder
· of those ten days only;
i
6
76. But, if the ten days have elapsed, he is impure
for three nights, and, if a year have expired, he is
purified merely by touching water.
6
77. If, after the lapse of ten days, he know the
death of a kinsman, or the birth of a male child,
he must purify himself by bathing together with his
· clothes.
6
78. Should a child, whose teeth are not grown,
or should a samánódaca, die in a distant region, the
x 2
'kinsman,
156
ON DIET, PURIFICATION,
♥
CHAP. ‘kinsman, having bathed with his apparel, becomes
'immediately pure.
V.
79. If, during the ten days, another death or ano-
'ther birth intervene, a Bráhmen remains impure, only
'till those ten days have elapsed.
C
6
6
80. A spiritual teacher being dead, the sages de-
clare his pupil impure for three days; but for a day
and a night, if the son or wife of the teacher be
deceased: such is the sacred ordinance.
81.
For a reader of the whole Veda, who dwells
in the same house, a man is unclean three nights;
but for a maternal uncle, a pupil, an officiating
priest, and a distant kinsman, only one night winged
• with two days.
82. On the death of a military king, in whose do-
'minion he lives, his impurity lasts while the sun or
the stars give light; but it lasts a whole day, on
'the death of a priest, who has not read the whole
Véda, or of a spiritual guide, who has read only
6
'part of it, with its Angas.
6
6
83. A man of the sacerdotal class becomes pure
in ten days; of the warlike, in twelve; of the com-
mercial, in fifteen ;* of the servile, in a month.
no man
84. Let no
6
man prolong the days of impurity;
let him not intermit the ceremonies to be performed
• with
* See Note on Book V. verse 83.
AND WOMEN.
157
with holy fires: while he performs those rites, even CHAP.
though he be a sapinda, he is not impure.
85. He,
He, who has touched a Chandála, a woman
' in her courses, an outcast for deadly
an outcast for deadly sin, a new-
·
6-
born child, a corpse,
a corpse, or one who has touched a
corpse, is made pure by bathing.
86. If, having sprinkled his mouth with water, and
'been long intent on his devotion, he see an unclean
6 person, let him repeat, as well as he is able, the
'solar texts of the Véda, and those, which confer purity.
6
87. Should
'Should a Bráhmen touch a human bone moist
'with oil, he is purified by bathing; if it be not oily,
by stroking a cow, or by looking at the sun, having
'sprinkled his mouth duly with water.
<
C
6
6
•
88. A student in theology shall not perform the
ceremony of pouring water at obsequies, until he
have completed his course of religious acts; but if
after the completion of them, he thus make an offer-
ing of water, he becomes pure in three nights.
6
89. For those, who discharge not their prescribed
duties, for those, whose fathers were
whose fathers were of a lower
class than their mothers, for those, who wear a
dress of religion unauthorized by the Véda, and for
'those, who illegally kill themselves, the ceremony of
giving funeral water is forbidden by law;
6
90. And for women imitating such hereticks, as
wear an unlawful dress, and for such women as live
V.
6 at
158
ON DIET, PURIFICATION,
1
CHAP. at their own pleasure, or have caused an abortion,
V. or have stricken their husbands, or have drunk any
f
<
6
spirituous liquor.
91. A student violates not the rules of his order,
by carrying out, when dead, his own instructor in
'the Védas, who invested him with his holy cord,
his teacher of particular chapters, or his reverend
'expounder of their meaning, or his father, or his
• mother.
6
92. Let men carry out a dead Súdra by the
'southern gate of the town; but the twice-born, in
'due order, by the western, northern, and eastern
gates.
1
"
93. No taint of impurity can light on kings or
students in theology, while employed in discharging
'their several duties, nor on those who have actually
begun a sacrifice; for the first are then placed on
'the seat of INDRA, and the others are always equally
pure with the celestial spirit.
6
6
6
94. To a king, on the throne of magnanimity, the
law ascribes instant purification, because his throne
was raised for the protection of his people and the
supply of their nourishment:
95. It is the same with the kinsmen of those, who
'die in battle, after the king has been slain, or have
'been killed by lightning, or legally by the king him-
self, or in defence of a cow, or of a priest; and
' with all those, whom the king wishes to be pure.
96. The
<
<
AND WOMEN.
159
6
6
' of particles from So'MA, AGNI, SU'RYA, PAVANA, INDRA,
CUVE'RA, VARUNA, and YAMA, the eight guardian
96. The corporeal frame of a king is composed CHAP.
V.
(
' deities of the world:
6
97. By those guardians of men in substance is the
king pervaded, and he cannot by law be impure;
'since by those tutelar gods are the purity and im-
purity of mortals both caused and removed.
6
6
<
6
6
98. 6
By a soldier, discharging the duties of his class,
and slain in the field with brandished weapons, the
highest sacrifice is, in that instant, complete; and
so is his purification: this law is fixed.
99. A priest, having performed funeral rites, is
purified by touching water; a soldier, by touching
his horse or elephant, or his arms; a husbandman,
by touching his goad, or the halter of his cattle; a
servant, by touching his staff.
100. This mode of purifying sapindas, O chief of
'the twice-born, has been fully declared to you! learn
now the purification required on the death of kins-
'men less intimately connected.
6
101. A Bráhmen, having carried out a dead Bráh-
men, though not a sapinda, with the affection of a
→ kinsman, or any of those nearly related to him by
<
•
his mother, becomes pure in three days;
·
102. But, if he taste the food offered by their
sapindas, he is purified in ten days; and in one day,
• if
160
ON DIET, PURIFICATION,
i
CHẬP. if he neither partake of their food, nor dwell in
'the same house.
V.
103. If he voluntarily follow a corpse, whether of
a paternal kinsman or of another, and afterwards.
'bathe with his apparel, he is made pure by touch-
ing fire and tasting clarified butter.
6
<
6
104. Let no kinsman, whilst any of his own class
are at hand, cause a deceased Bráhmen to be carried
out by a Súdra; since the funeral rite, polluted by
'the touch of a servile man, obstructs his passage
'to heaven.
•
105. Sacred learning, austere devotion, fire, holy
'aliment, earth, the mind, water, smearing with cow-
'dung, air, prescribed acts of religion, the sun, and
time, are purifiers of imbodied spirits;
6
6
106. But of all pure things, purity in acquiring
wealth, is pronounced the most excellent: since he,
who gains wealth with clean hands, is truly pure;
'not he, who is purified merely with earth and water.
107. By forgiveness of injuries, the learned are
purified; by liberality, those who have neglected their
duty; by pious meditation, those who have secret
faults; by devout austerity, those who best know
'the Véda.
6
6
108. By water and earth is purified what ought to
be made pure; a river, by its current; a woman,
• whose thoughts have been impure, by her monthly
discharge,
AND WOMEN.
161
1
V.
'discharge, and the chief of twice-born men, by fixing CHAP.
his mind wholly on GOD.
<
109. Bodies are cleansed by water; the mind is
purified by truth; the vital spirit, by theology and
' devotion; the understanding, by clear knowledge.
6
،
6
6
6
6
6
110. Thus have you heard me declare the precise
rules for purifying animal bodies: hear now the modes
of restoring purity to various inanimate things.
111. Of brilliant metals, of gems, and of every
thing made with stone, the purification, ordained by
the wise, is with ashes, water, and earth.
112. A golden vessel, not smeared, is cleansed with
water only; and every thing produced in water, as
coral, shells, or pearls, and every stony substance,
and a silver vessel not enchased.
6
113. From a junction of water and fire arose gold
' and silver; and they two, therefore, are best purified
by the elements, whence they sprang.
6
6
6
6
6
<
114. Vessels of copper, iron, brass, pewter, tin
and lead, may be fitly cleansed with ashes, with
acids, or with water.
6
115. The purification ordained for all sorts of li-
quids, is by stirring them with cusa-grass; for cloths
folded, by sprinkling them with hallowed water;
for wooden utensils, by planing them.
116.
For the sacrificial pots to hold clarified but-
ter and juice of the moon-plant, by rubbing them
• with
Y
162
ON DIET, PURIFICATION,
CHAP.
V.
6
with the hand, and washing them, at the time of
the sacrifice :
<
117. Implements to wash the rice, to contain the
oblations, to cast them into the fire, to collect, win-
now, and prepare the grain, must be purified with
'water made hot.
4
6
118. The purification by sprinkling is ordained for
grain and cloths in large quantities; but to purify
them in small parcels, which a man may easily carry,
'they must be washed.
<
6
6
119. Leathern utensils, and such as are made with
cane, must generally be purified in the same man-
ner with cloths; green vegetables, roots, and fruit,
in the same manner with grain;
6
120. Silk and woollen stuff, with saline earths;
'blankets from Népála, with pounded arishtas, or nimba
'fruit; vests and long drawers, with the fruit of the
Vilva; mantles of cshumá, with white mustard-seeds.
6
6
121. Utensils made of shells or of horn, of bones
or of ivory, must be cleansed by him, who knows
the law, as mantles of cshumá are purified, with
'the addition of cows' urine or of water.
6
(
122. Grass, firewood, and straw, are purified by
sprinkling them with water; a house, by rubbing,
brushing, and smearing with cow-dung; an earthen
'pot, by a second burning:
123. But an earthen pot, which has been touched
• with
AND WOMEN.
163
6
with any spirituous liquor, with urine, with ordure, CHAP.
6
with spittle, with pus, or with blood, cannot, even
by another burning, be rendered pure.
V.
124. Land is cleansed by five modes; by sweeping,
by smearing with cow-dung, by sprinkling with cows'
urine, by scraping, or by letting a cow pass a day
and a night on it.
6
125. A thing nibbled by a bird, smelt at by a
cow, shaken with a foot, sneezed on, or defiled by
lice, is purified by earth scattered over it.
6
126. As long as the scent or moisture, caused by
any impurity, remain on the thing soiled, so long
'must earth and water be repeatedly used in all pu-
'rifications of things inanimate.
6
6
<
<
<
6
6
127. The gods declared three pure things peculiar
to Bráhmens; what has been defiled without their
knowledge; what, in cases of doubt, they sprinkle
with water; and what they commend with their
speech.
128. Waters are pure, as far as a cow goes to
quench her thirst in them, if they flow over clean
earth, and are sullied by no impurity, but have a
good scent, colour, and taste.
129. The hand of an artist employed in his art
is always pure; so is every vendible commodity,
' when exposed to sale; and that food is always clean,
'which a student in theology has begged and received:
such is the sacred rule.
y 2
•
130. The
164
ON DIET, PURIFICATION,
CHAP.
V.
6
130. The mouth of a woman is constantly pure;
a bird is pure on the fall of fruit, which he has
pecked; a sucking animal, on the flowing of the
'milk; a dog, on his catching the deer:
<
·
"
<
•
131. The flesh of a wild beast slain by dogs,
MENU pronounces pure; and that of an animal slain
by other carnivorous creatures, or by men of the
mixed class, who subsist by hunting.
132. All the cavities above the navel are pure,
and all below it, unclean; so are all excretions, that
fall from the body.
of a
133. Gnats, clear drops from the mouth of
speaker, a shadow, a cow, a horse, sun-beams, dust,
earth, air, and fire, must all be considered as clean,
' even when they touch an unclean thing.
6
<
6
6
<
·
134. For the cleansing of vessels, which have held
ordure or urine, earth and water must be used, as
long as they are needful; and the same for cleansing
the twelve corporeal impurities.
6
135. Oily exudations, seminal fluids, blood, dan-
druff, urine, feces, ear-wax, nail-parings, phlegm,
tears, concretions on the eyes, and sweat, are the
twelve impurities of the human frame.
136. By the man, who desires purity, one piece
' of earth together with water must be used for the
'conduit of urine, three for that of the feces; so, ten
for one hand, that is, the left; then seven for both:
6
but, if necessary, more must be used.
6
137. Such
AND WOMEN.
165
(
6
that CHAP.
137. Such is the purification of married men ;
of students must be double; that of hermits, triple;
'that of men wholly recluse, quadruple.
6
،
6
•
6
138. Let each man sprinkle the cavities of his
body, and taste water in due form, when he has
discharged urine or feces; when he is going to read
the Véda; and, invariably, before he takes his food:
139. · First, let him thrice taste water; then twice
let him wipe his mouth, if he be of a twice-born class,
and desire corporeal purity; but a woman or servile
man may once respectively make that ablution.
140. ·
Súdras, engaged in religious duties, must per-
form each month the ceremony of shaving their
heads; their food must be the orts of Bráhmens ;
' and their mode of purification, the same with that
• of a Vaisya.
141.
6
Such drops of water, as fall from the mouth
or any part of the body, render it not unclean; nor
'hairs of the beard, that enter the mouth; nor what
6
• adheres awhile to the teeth.
6
6
142.
<
Drops, which trickle on the feet of a man
holding water for others, are held equal to waters
flowing over pure earth by them he is not defiled.
143. He, who carries in any manner an inanimate
burden, and is touched by any thing impure, is
'cleansed by making an ablution, without laying his
'burden down.
<
144.. Having vomited
vomited or been purged, let him
• bathe
V.
166
ON DIET, PURIFICATION,
CHAP.
V.
bathe and taste clarified butter, but, if he have eaten
' already, let him only perform an ablution: for him,
who has been connected with a woman, bathing is
' ordained by law.
6
?
6
6
145.
Having slumbered, having sneezed, having
eaten, having spitten, having told untruths, having
'drunk water, and going to read sacred books, let
him, though pure, wash his mouth.
6
146. This perfect system of rules for purifying men
' of all classes, and for cleansing inanimate things,
has been declared to you: hear now the laws con-
cerning women.
·
6
6
6
•
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<
6
6
6
147. By a girl, or by a young woman, or by a
woman advanced in years, nothing must be done,
even in her own dwelling place, according to her
mere pleasure:
6
148. In childhood must a female be dependent on
her father; in youth, on her husband; her lord
being dead, on her sons; if she have no sons, on the
near kinsmen of her husband; if he left no kinsmen,
on those of her father; if she have no paternal kins-
men, on the sovereign: a woman must never seek
independence.
149. Never let her wish to separate herself from
her father, her husband, or her sons; for, by a
separation from them, she exposes both families to
contempt.
6
150. She must always live with a cheerful temper,
• with
AND WOMEN.
167
V
√.
'with good management in the affairs of the house, CHAP.
with great care of the household furniture, and with
a frugal hand in all her expences.
6
·
151. Him, to whom her father has given her, or
her brother with the paternal assent, let her obse-
quiously honour, while he lives; and, when he dies,
• let her never neglect him.
6
6
6
152. The recitation of holy texts, and the sacri-
'fice ordained by the lord of creatures, are used in
marriages for the sake of procuring good fortune to
brides; but the first gift, or troth plighted, by the
husband, is the primary cause and origin of marital
· dominion.
6
<
6
6
153. When the husband has performed the nuptial
rites with texts from the Véda, he gives bliss con-
tinually to his wife here below, both in season and
out of season; and he will give her happiness in
the next world.
6
or
154. Though inobservant of approved usages,
enamoured of another woman, or devoid of good
'qualities, yet a husband must constantly be revered
6
6
6
as a god by a virtuous wife.
155. No sacrifice is allowed to women apart from
their husbands, no religious rite, no fasting as far
only as a wife honours her lord, so far she is ex-
6 alted in heaven.
156. A faithful wife, who wishes to attain in heaven
• the
168
ON DIET, PURIFICATION,
CHAP.
V.
6
7
the mansion of her husband, must do nothing unkind
to him, be he living or dead:
157. Let her emaciate her body, by living vo-
luntarily on pure flowers, roots, and fruit; but let
her not, when her lord is deceased, even pronounce
'the name of another man.
6
6
6
<
158. Let her continue till death forgiving all injuries,
performing harsh duties, avoiding every sensual plea-
sure, and cheerfully practising the incomparable rules
of virtue, which have been followed by such women,
as were devoted to one only husband.
·
159. Many thousands of Bráhmens, having avoided
sensuality from their early youth, and having left no
issue in their families, have ascended, nevertheless,
to heaven;
160..
men, a virtuous
And, like those abstemious men,
' wife ascends to heaven, though she have no child,
6
6
6
<
if, after the decease of her lord, she devote herself
to pious austerity:
161. But a widow, who, from a wish to bear chil-
dren, slights her deceased husband by marrying
again, brings disgrace on herself here below, and
'shall be excluded from the seat of her lord.
C
162. ¿ Issue, begotten on a woman by any other
than her husband, is here declared to be no progeny
of hers; no more than
more than a child, begotten on the
wife of another man, belongs to the begetter: nor is
' a second
AND WOMEN.
169
' a second husband allowed, in any part of this code, CHAP.
6
<
6
to a virtuous woman.
6
163. She, who neglects her former (púrva) lord,
though of a lower class, and takes another (para)
of a higher, becomes despicable in this world, and
is called parapúrvá, or one who had a different hus-
• band before.
،
164. A married woman, who violates the duty,
' which she owes to her lord, brings infamy on her-
'self in this life, and, in the next, shall enter the
'womb of a shakal, or be afflicted with elephantiasis,
and other diseases, which punish crimes;
6
6
6
<
6
6
<
165. While she, who slights not her lord, but keeps
her mind, speech, and body, devoted to him, attains
his heavenly mansion, and by good men is called
sádhwì, or virtuous.
166. Yes; by this course of life it is, that a wo-
man, whose mind, speech, and body are kept in
subjection, acquires high renown in this world, and,
in the next, the same abode with her husband.
167. A twice-born man, versed in sacred ordi-
nances, must burn, with hallowed fire and fit imple-
ments of sacrifice, his wife dying before him, if she
was of his own class, and lived by these rules:
·
168. Having thus kindled sacred fires, and per-
'formed funeral rites to his wife, who died before
him, he may again marry, and again light the
6
VI.
6
nuptial fire.
Ꮓ
169. Let
•
170
ON DIET, PURIFICATION, &c.
CHAP. 169. Let him not cease to perform day by day,
V.
6
6
.
according to the preceding rules, the five great
sacraments; and, having taken a lawful consort, let
him dwell in his house during the second period of
• his life.
CHAP.
CHAP. VI.
On Devotion; or on the Third and Fourth Orders.
6
1.' HAVING thus remained in the order of a house- CHAP.
keeper, as the law ordains, let the twice-born man,
VI.
'who had before completed his studentship, dwell in
<
a forest, his faith being firm and his organs wholly
subdued.
C
2. When the father of a family, perceives his
' muscles become flaccid and his hair gray, and sees
the child of his child, let him then seek refuge in
a forest :
C
3.
Abandoning all food eaten in towns, and all his
' household utensils, let him repair to the lonely wood,
committing the care of his wife to her sons, or
accompanied by her, if she chuse to attend him.
6
6
6
<
4. Let him take up his consecrated fire, and all
'his domestick implements of making oblations to it,
and, departing from the town to the forest, let him
dwell in it with complete power over his organs of
sense and of action.
5. With many sorts of pure food, such as holy
sages used to eat, with green herbs, roots, and
'fruit, let him perform the five great sacraments be-
'fore mentioned, introducing them with due cere-
• monies.
1
z 2
6
6. Let
172
ON DEVOTION; OR ON THE
CHAP.
VI.
C
6. Let him wear a black antelope's hide, or a
vesture of bark; let him bathe evening and morn-
ing; let him suffer the hairs of his head, his beard,
and his nails to grow continually.
7. From such food, as himself may eat, let him,
'to the utmost of his power, make offerings and give
alms; and with presents of water, roots, and fruit,
let him honour those who visit his hermitage.
6
C
8. Let him be constantly engaged in reading the
· Véda; patient of all extremities, universally bene-
' volent, with a mind intent on the Supreme Being;
perpetual giver, but no receiver of gifts; with
'tender affection for all animated bodies.
6 a
6
<
9. Let him, as the law directs, make oblations
<
on the hearth with three sacred fires; not omitting
in due time the ceremonies to be performed at the
conjunction and opposition of the moon.
10. <
Let him also perform the sacrifice ordained in
'honour of the lunar constellations, make the pre-
'scribed offering of new grain, and solemnize holy
rites every four months, and at the winter and
summer solstices.
6
6
6
11. With pure grains, the food of ancient sages,
growing in the vernal and autumnal seasons, and
brought home by himself, let him severally make,
as the law ordains, the oblations of cakes and boiled
grain;
"
12. And, having presented to the gods, that purest
' oblation,
THIRD AND FOURTH ORDERS.
173
oblation, which the wild woods produced, let him CHAP,
6
eat what remains, together with some native salt,
' which himself collected.
VI.
6
13. Let him eat green herbs, flowers, roots, and
fruit, that grow on earth or in water, and the produc-
tions of pure trees, and oils formed in fruits.
14.
Honey and flesh-meat he must avoid, and all
'sorts of mushrooms, the plant bhústrina, that named
sigruca, and the fruit of the sléshmátaca.
6
15. In the month Aswina let him cast away the
'food of sages, which he before had laid up, and
his vesture, then become old, and his herbs, roots,
and fruit.
6
6
'
6
16. Let him not eat the produce of ploughed land,
though abandoned by any man, who owns it, nor fruit
and roots produced in a town, even though hunger
oppress him.
17. He may eat what is mellowed by fire, and
he may eat what is ripened by time; and either
let him break hard fruits with a stone, or let his
teeth serve as a pestle.
6
18. Either let him pluck enough for a day, or
let him gather enough for a month; or let him col-
'lect enough for six months, or lay up enough for
6 a year.
19.
<
Having procured food, as he is able, he may
eat it at eve or in the morning; or he may take
6
only
1
174
ON DEVOTION; OR ON THE
፡
CHAP. only every fourth, or every eighth, such regular
VI.
• meal;
<
<
6
6
6
20.
Or, by the rules of the lunar penance, he may
eat a mouthful less each day of the bright, and
a mouthful more each day of the dark fortnight; or
he may eat only once, at the close of each fort-
night, a mess of boiled grains :
<
21. Or he may constantly live on flowers and roots,
' and on fruit matured by time, which has fallen
spontaneously, strictly observing the laws ordained
for hermits.
6
C
6
22. 6 Let him slide backwards and forwards on the
ground; or let him stand a whole day on tiptoe;
or let him continue in motion rising and sitting alter-
'nately; but at sunrise, at noon, and at sunset, let
him go to the waters and bathe.
<
23. In the hot season, let him sit exposed to five
'fires, four blazing around him with the sun above;
in the rains, let him stand uncovered, without even a
'mantle, where the clouds pour the heaviest showers;
' in the cold season, let him wear humid vesture; and
let him increase by degrees the austerity of his
' devotion:
6
24. ·
Performing his ablution at the three Savanas,
'let him give satisfaction to the manes and to the
<
gods; and, enduring harsher and harsher mortifica-
6
tions, let him dry up his bodily frame.
6
25. Then
THIRD AND FOURTH ORDERS.
175
6
VI.
25. Then, having reposited his holy fires, as the CHAP.
law directs, in his mind, let him live without ex-
'ternal fire, without a mansion, wholly silent, feeding
6
on roots and fruit;
26. Not solicitous for the means of gratification,
'chaste as a student, sleeping on the bare earth, in
the haunts of pious hermits, without one selfish affec-
'tion, dwelling at the roots of trees.
<
27. From devout Bráhmens let him receive alms
'to support life, or from other housekeepers of twice-
'born classes, who dwell in the forest :
6
C
6
6
6
6
6
-
28. Or the hermit may bring food from a town,
having received it in a basket of leaves, in his naked
hand, or in a potsherd; and then let him swallow
eight mouthfuls.
<
29. These and other rules must a Bráhmen, who
retires to the woods, diligently practise; and, for
the purpose of uniting his soul with the Divine
Spirit, let him study the various Upanishads of scrip-
ture, or chapters on the essence and attributes of God,
30. Which have been studied with reverence by an-
'chorites versed in theology, and by housekeepers,
'who dwelt afterwards in forests, for the sake of in-
creasing their sublime knowledge and devotion, and
for the purification of their bodies.
6
31..
Or, if he has any incurable disease, let him
´ advance in a straight path, towards the invincible
6
north eastern point, feeding on water and air, till
• his
176
ON DEVOTION; OR ON THE
CHAP.
VI.
his mortal frame totally decay, and his soul become
⚫ united with the Supreme.
6
<
·
32. A Bráhmen, having shuffled off his body by
any of those modes, which great sages practised,
' and becoming void of sorrow and fear, rises to
'exaltation in the divine essence.
<
33. HAVING thus performed religious acts in a forest
during the third portion of his life, let him become
a Sannyásí for the fourth portion of it, abandoning
'all sensual affections, and wholly reposing in the Su-
preme Spirit :
<
6
6
“
6
6
6
6
<
34. The man, who has passed from order to order,
has made oblations to fire on his respective changes
of state, and has kept his members in subjection,
but, tired with so long a course of giving alms and
making offerings, thus reposes himself entirely on
GOD, shall be raised after death to glory.
35. When he has paid his three debts to the sages,
6
the manes, and the gods, let him apply his mind to
• final beatitude; but low shall He fall, who presumes
6
6
to seek beatitude, without having discharged those
• debts :
36. After he has read the Védas in the form pre-
'scribed by law, has legally begotten a son, and has
performed sacrifices to the best of his power, he
6
C
has paid his three debts, and may then apply his
C
heart to eternal bliss ;
37. But if a Bráhmen have not read the Veda, if
• he
THIRD AND FOURTH ORDERS.
177
C
VI.
' he have not begotten a son, and if he have not CHAP.
performed sacrifices, yet shall aim at final beatitude,
he shall sink to a place of degradation.
38.
Having performed the sacrifice of PRAJA'Pati,
accompanied with a gift of all his wealth, and hav-
ing reposited in his mind the sacrificial fires, a Bráh-
men may proceed from his house, that is, from the
'second order, or he may proceed even from the first, to
'the condition of a Sannyásí.
6
39. Higher worlds are illuminated with the glory
of that man, who passes from his house into the
'fourth order, giving exemption from fear to all ani-
mated beings, and pronouncing the mystick words of
"the Véda:
،
<
40. To the Bráhmen, by whom not even the smallest
'dread has been occasioned by sentient creatures, there
can be no dread from any quarter whatever, when
he obtains a release from his mortal body.
6
6
6
·
41. Departing from his house, taking with him
pure implements, his water-pot and staff, keeping
silence, unallured by desire of the objects near him,
• let him enter into the fourth order.
6
،
42. Alone let him constantly dwell, for the sake.
of his own felicity, observing the happiness of a
solitary man, who neither forsakes nor is forsaken,
'let him live without a companion.
6
6
43. Let him have no culinary fire, no domicil; let
him, when very hungry, go to the town for food;
2 A
· let
1
178
ON DEVOTION; OR ON THE
CHAP. 'let him patiently bear disease; let his mind be firm;
VI. 'let him study to know God, and fix his attention
on God alone.
6
6
'
6
44.
<
An earthen water-pot, the roots of large trees,
coarse vesture, total solitude, equanimity toward all
creatures, these are the characteristicks of a Bráh-
men set free.
45. 'Let him not wish for death; let him not wish
for life; let him expect his appointed time, as a
hired servant expects his wages.
46. Let him advance his foot purified by looking
down, lest he touch any thing impure; let him drink
'water purified by straining with a cloth, lest he hurt
some insect; let him, if he chuse to speak, utter words
✓
<
purified by truth; let him by all means keep his
• heart purified.
C
47. Let him bear a reproachful speech with ра-
<tience; let him speak reproachfully to no man; let
him not, on account of this frail and feverish body,
engage in hostility with any one living.
6
6
48. With an angry man let him not in his turn be
angry; abused, let him speak mildly; nor let him
utter a word
a word relating to vain illusory things and
• confined within seven gates, the five organs of sense,
<
6
6
6
the heart and the intellect; or this world, with three
above and three below it.
6
49. Delighted with meditating on the Supreme
Spirit, sitting fixed in such meditation, without need-
‹ ing
THIRD AND FOURTH ORDERS.
179
1
6
ing any thing earthly, without one sensual desire, CHAP.
' without any companion but his own soul, let him
"
6
<
C
live in this world seeking the bliss of the next.
1
1
50. Neither by explaining omens and prodigies,
nor by skill in astrology and palmestry, nor by
casuistry and expositions of holy texts, let him at
any time gain his daily support.
51. Let him not go near a house frequented by
hermits, or priests, or birds, or dogs, or other beg-
6 gars.
6
52. His hair, nails, and beard being clipped, bear-
ing with him a dish, a staff, and a water-pot, his
'whole mind being fixed on GoD, let him wander
' about continually, without giving pain to animal or
vegetable beings.
<
C
C
53. His dishes must have no fracture, nor must
they be made of bright metals: the purification or-
dained for them must be with water alone, like that
of the vessels for a sacrifice.
54. A gourd, a wooden bowl, an earthen dish, or
a basket made of reeds, has MENU, son of the Self-
existing, declared fit vessels to receive the food of
'Bráhmens devoted to God.
<
6
55. 6
Only once a day let him demand food; let
him not habituate him to eat much at a time; for
an anchorite, habituated to eat much, becomes in-
'clined to sensual gratifications.
6
?
56. At the time when the smoke of kitchen fires
• has
2A2
VI.
180
ON DEVOTION; OR ON THE
<
CHAP.
VI.
'
C
has ceased, when the pestle lies motionless, when
the burning charcoal is extinguished, when people
have eaten, and when dishes are removed, that is,
late in the day, let the Sanny ásí always beg food.
57. For missing it, let him not be sorrowful; nor
for gaining it, let him be glad; let him care only
for a sufficiency to support life, but let him not be
'anxious about his utensils.
6
58. Let him constantly disdain to receive food
' after humble reverence; since, by receiving it in con-
sequence of an humble salutation, a Sannyásí, though
free, becomes a captive.
6
16
59. By eating little and by sitting in solitary places,
let him restrain those organs, which are naturally
'hurried away by sensual desires.
60. By the coercion of his members, by the absence
of hate and affection, and by giving no pain to sen-
'tient creatures, he becomes fit for immortality.
<
·
61. Let him reflect on the transmigrations of men
'caused by their sinful deeds, on their downfal into
a region of darkness, and their torments in the man-
⚫sion of YAMA;
<
6
<
62. On their separation from those, whom they love,
and their union with those, whom they hate, on their
strength overpowered by old age, and their bodies
• racked with disease;
6
63. On their agonizing departure from this cor-
6
poreal
THIRD AND FOURTH ORDERS.
181
(
VI.
poreal frame, their formation again in the womb, and CHAP.
'the glidings of this vital spirit through ten thousand
• millions of uterine passages;
64. On the misery attached to embodied spirits
<
'from a violation of their duties, and the unperishable
6
<
·
6
bliss attached to them from their abundant perform-
ance of all duties, religious and civil.
65. Let him reflect also, with exclusive application
of mind, on the subtil indivisable essence of the
Supreme Spirit, and its complete existence in all
beings, whether extremely high or extremely low.
<
66. Equal-minded towards all creatures, in what
' order soever he may have been placed, let him fully
discharge his duty, though he bear not the visible
marks of his order: the visible mark, or mere name,
6
6
6
' of his order, is by no means an effective discharge
6
• of his duty;
<
<
6
<
<
<
"
67. As, although the fruit of the tree cataca pu-
<
rify water, yet a man cannot purify water by merely
pronouncing the name of that fruit: he must throw
it, when pounded, into the jar.
68. For the sake of preserving minute animals by
night and by day, let him walk, though with pain
to his own body, perpetually looking on the ground.
69. Let a Sannyásí, by way of expiation for the
death of those creatures, which he may have de-
stroyed unknowingly by day or by night, make six
suppressions of his breath, having duly bathed :
70. Even
182
ON DEVOTION; OR ON THE
CHAP.
VI.
6
70. Even three suppressions of breath, made ac-
'cording to the divine rule, accompanied with the
'triverbal phrase (bhur bhuvah swah) and the triliteral
syllable (óm), may be considered as the highest de-
votion of a Bráhmen;
6
<
71. For as the dross and impurities of metallick
ores are consumed by fire, thus are the sinful acts
' of the human organs consumed by suppressions of
'the breath, while the mystick words, and the measures
of the gáyatrì are revolved in the mind.
،
<
"
•
72. Let him thus, by such suppressions of breath,
burn away his offences; by reflecting intensely on
the steps of ascent to beatitude, let him destroy
sin; by coercing his members, let him restrain all
'sensual attachments; by meditating on the nate
union of his own soul and the divine essence, let
' him extinguish all qualities repugnant to the na-
6 ture of GOD.
6
6.
C
+
73. Let him observe, with extreme application of
mind, the progress of this internal spirit through
' various bodies, high and low; a progress hard to
' be discerned by men with unimproved intellects.
74.
He, who fully understands the perpetual om-
nipresence of GOD, can be led no more captive by
'criminal acts; but he, who possesses not that sub-
'lime knowledge, shall wander again through the
• world.
6
75. By injuring nothing animated, by subduing all
sensual
THIRD AND FOURTH ORDERS.
183
* sensual habits, by devout. rites ordained in the Véda, CHAP.
6
' and by rigorous mortifications, men obtain, even in
this life, the state of beatitude.
VI.
·
76. A mansion with bones for its rafters and
6
beams; with nerves and tendons, for cords; with
'muscles and blood, for mortar; with skin, for its
outward covering; filled with no sweet perfume,
but loaded with feces and urine;
6
6
77. A mansion infested by age and by sorrow,
'the seat of malady, harassed with pains, haunted
with the quality of darkness, and incapable of stand-
ing long; such a mansion of the vital soul let its
occupier always cheerfully quit :
6
6
6
<
<
6
6
78. As a tree leaves the bank of a river, when it
falls in, or as a bird leaves the branch of a tree at
his pleasure, thus he, who leaves his body by neces-
sity or by legal choice, is delivered from the raven-
ing shark, or crocodile, of the world.
79. Letting his good acts descend (by the law of
the Veda,) to those, who love him, and his evil
deeds, to those, who hate him, he may attain,
through devout meditation, the eternal spirit.
80. When, having well considered the nature and
consequence of sin, he becomes averse from all sen-
'sual delights, he then attains bliss in this world;
bliss, which shall endure after death.
<
6
6
81. Thus having gradually abandoned all earthly
attachments, and indifferent to all pairs of opposite
6
things
184
ON DEVOTION; OR ON THE
CHAP.
VI.
6
6
things, as honour and dishonour, and the like, he
' remains absorbed in the divine essence.
6
·
82. All, that has now been declared, is obtained
by pious meditation; but no man, who is ignorant
of the Supreme Spirit, can gather the fruit of mere
• ceremonial acts.
6
6
C
83. Let him constantly study that part of the
Veda, which relates to sacrifice; that, which treats
' of subordinate deities; that, which reveals the na-
ture of the Supreme GOD; and whatever is declared
in the Upanishads.
•
84. This holy scripture is a sure refuge even for
'those, who understand not its meaning, and of
'course for those, who understand it; this Véda is a
sure resource for those, who seek bliss above; this
' is a sure resource for those, who seek bliss eternal.
،
"
85. That Bráhmen, who becomes a Sannyásí by this
discipline, announced in due order, shakes off sin
here below, and reaches the Most High.
86. THIS general law has been revealed to you
for anchorites with subdued minds: now learn the
'particular discipline of those who become recluses
' according to the Véda, that is, of anchorites in the
I first of the four degrees.
፡
6
87. The student, the married man, the hermit,
and the anchorite, are the offspring, though in four
orders, of married men keeping house;
88. And all, or even any, of those orders, assumed
' in
THIRD AND FOURTH ORDERS.
185
CHAP.
' in their turn, according to the sacred ordinances, VI.
lead the Bráhmen, who acts by the preceding rules,
'to the highest mansion:
89. But of all those, the house-keeper, observing
the regulations of the Sruti and Smriti, may be
called the chief; since he supports the three other
• orders.
6
،
90. As all rivers, female and male, run to their
' determined place in the sea, thus men of all other
orders, repair to their fixed place in the mansion of
'the house-keeper.
6
<
91. By Bráhmens, placed in these four orders, a
ten-fold system of duties must ever be sedulously
' practised:
6
6
92. Content, returning good for evil, resistance to
'sensual appetites, abstinence from illicit gain, puri-
fication, coercion of the organs, knowledge of scrip-
ture, knowledge of the Supreme Spirit, veracity,
and freedom from wrath, form their tenfold system
• of duties.
6
<
<
93. Such Bráhmens, as attentively read the ten
precepts of duty, and after reading, carefully prac-
tise them, attain the most exalted condition.
94. A Bráhmen having practised, with organs under
command, this ten-fold system of duty, having heard
the Upanishads explained, as the law directs, and
who has discharged his three debts, may become an
< ' anchorite,
2 B
186
ON DEVOTION, &c.
CHAP.
VI.
6
anchorite, in the house of his son, according to the
• Véda;
<
95. <
And, having abandoned all ceremonial acts,
having expiated all his offences, having obtained a
• command over his organs,
organs, and
and having perfectly
،
6
' understood the scripture, he may live at his ease,
'while the household affairs are conducted by his
son.
96. When he thus has relinquished all forms, is
'intent on his own occupation, and free from every
' other desire, when, by devoting himself to GOD, he
has effaced sin, he then attains the supreme path of
glory.
6
6
<
"
97. THIS four-fold regulation for the sacerdotal
class, has thus been made known to you; a just
regulation, producing endless fruit after death: next,
'learn the duty of kings, or the military class.
CHAP.
CHAP. VII.
On Government, and Publick Law; or on the Military Class.
C
•
C
<
6
6
1. I WILL fully declare the duty of kings; and show CHAP.
6
how a ruler of men should conduct himself, in what
manner he was framed, and how his ultimate re-
ward may be attained by him.
6
2. By a man of the military class, who has received
in due form the investiture which the Véda prescribes,
great care must be used to maintain the whole assem-
blage of laws.
3.
Since, if the world had no king, it would quake
on all sides through fear, the ruler of this universe,、
therefore, created a king, for the maintenance of this
system, both religious and civil,
<
4. Forming him of eternal particles drawn from the
'substance of INDRA, PAVANA, YAMA, SURYA, of Agni
and VARUNA, of CHANDRA and CUVE'RA:
<
<
5. And since a king was composed of particles drawn,
from those chief guardian deities, he consequently sur-
passes all mortals in glory.
6. <
Like the sun, he burns eyes and hearts; nor
can any human creature on earth even gaze on him.
7. He is fire and air; hè, both sun and moon; he,
'the god of criminal justice; he, the genius of wealth;
2 B2
• he,
VII.
188
ON GOVERNMENT; OR ON
CHAP. '
'he, the regent of waters; he, the lord of the firma-
VII.
'ment.
"
"
8. A king, even though a child, must not be treated
lightly, from an idea that he is a mere mortal: no;
he is a powerful divinity, who appears in a human
shape.
9. Fire burns only one person, who carelessly goes
'too near it; but the fire of a king in wrath burns
a whole family, with all their cattle and goods.
·
10. Fully considering the business before him, his
' own force, and the place, and the time, he assumes
in succession all sorts of forms, for the sake of
'advancing justice.
6
·
11. He, sure, must be the perfect essence of ma-
jesty, by whose favour Abundance rises on her lotos,
' in whose valour dwells conquest; in whose anger,
' death.
12. C
He, who shews hatred of the king, through
'delusion of mind, will certainly perish; for speedily
'will the king apply his heart to that man's perdi-
• tion.
6
13. LET the king prepare a just compensation for
the good, and a just punishment for the bad: the
rule of strict justice let him never transgress.
14. For his use BRAHMA' formed in the beginning of
time the genius of punishment, with a body of pure
light, his own son, even abstract criminal justice, the
protector of all created things:
15. ‹ Through
THE MILITARY CLASS.
189
6
<
6
<
15. Through fear of that genius, all sentient beings, CHAP.
whether fixed or locomotive, are fitted for natural
enjoyments and swerve not from duty.
C
16. When the king, therefore, has fully considered
place and time, and his own strength, and the divine
' ordinance, let him justly inflict punishment on all those,
• who act unjustly.
6
17.
Punishment is an active ruler; he is the true
manager of publick affairs; he is the dispenser of
laws; and wise men call him the sponsor of all
the four orders for the discharge of their several
• duties.
•
6
·
18. Punishment governs all mankind; punishment
' alone preserves them; punishment wakes, while their
guards are asleep; the wise consider punishment as
the perfection of justice.
6
6
19. When rightly and considerately inflicted, it
'makes all the people happy; but, inflicted without
'full consideration, it wholly destroys them all.
20. If the king were not, without indolence, to
punish the guilty, the stronger would roast the weaker,
' like fish, on a spit; (or, according to one reading, the
stronger would oppress the weaker, like fish in their
• element;)
21.
The crow would peck the consecrated offering
' of rice; the dog would lick the clarified butter; owner-
ship would remain with none; the lowest would
overset the highest.
VII.
1
6
22. The
190
ON GOVERNMENT; OR ON
CHAP.
VII.
<
22. The whole race of men is kept in order by
punishment; for a guiltless man is hard to be found:
'through fear of punishment, indeed, this universe is
• enabled to enjoy its blessings;
6
6
23. Deities and demons, heavenly songsters and
'cruel giants, birds and serpents, are made capable,
by just correction, of their several enjoyments.
6
<
24. All classes would become corrupt; all barriers
'would be destroyed, there would be total confusion
among men, if punishment either were not inflicted,
or were inflicted unduly:
6
6
25. But where punishment, with a black hue and
6 a red
eye, advances to destroy sin, there, if the judge
'discern well, the people are undisturbed.
26. Holy sages consider as a fit dispenser of cri-
'minal justice, that king, who invariably speaks truth,
'who duly considers all cases, who understands the
sacred books, who knows the distinctions of virtue,
pleasure, and riches;
27. Such a king, if he justly inflict legal punish-
'ments, greatly increases those three means of happi-
6 ness; but punishment itself shall destroy a king,
who is crafty, voluptuous, and wrathful:
<
C
6
28. Criminal justice, the bright essence of majesty,
and hard to be supported by men with unimproved
minds, eradicates a king, who swerves from his
duty, together with all his race:
<
29. Punishment shall overtake his castles, his ter-
'ritories,'
THE MILITARY MILITARY
191
CLASS.
6
ritories, his peopled land, with all fixed and move- CHAP.
VII.
able things, that exist on it: even the gods and the
6
sages, who lose their oblations, will be afflicted and
'ascend to the sky.
6
6
30. Just punishment cannot be inflicted by an ig-
norant and covetous king, who has no wise and
'virtuous assistant, whose understanding has not been
improved, and whose heart is addicted to sen-
suality:
6
6
6
31. By a king, wholly pure, faithful to his promise,
'observant of the scriptures, with good assistants and
sound understanding, may punishment be justly in-
'flicted.
6
32. Let him in his own domains act with justice,
'chastise foreign foes with rigour, behave without
duplicity to his affectionate friends, and with lenity
6 to Bráhmens.
6
6
33.
Of a king thus disposed, even though he sub-
sist by gleaning, or, be his treasure ever so small, the
fame is far spread in the world, like a drop of
• oil in water;
34. But of a king with a contrary disposition,
with passions unsubdued, be his riches ever so great,
the fame is contracted in the world, like clarified
• butter in the same element.
35. A king was created as the protector of all
'those classes and orders, who, from thefirst to the
last, discharge their several duties;
·
36. And
}
192
ON GOVERNMENT; OR ON
CHAP.
VII.
6
<
"
36. And all, that must be done by him, for the
protection of his people, with the assistance of good
ministers, I will declare to you, as the law directs,
in due order.
37. LET the king, having risen at early dawn,
respectfully attend to Bráhmens, learned in the three
‹ Védas, and in the science of ethicks; and by their
' decision let him abide.
38. Constantly must he show respect to Bráh-
mens, who have grown old, both in years and in
piety, who know the scriptures, who in body and
mind are pure; for he, who honours the aged, will
'perpetually be honoured even by cruel demons:
have acquired
39. From them, though he
though he may have
• modest behaviour by his own good sense and by study,
☛ let him continually learn habits of modesty and com-
posure; since a king, whose demeanour is humble
and composed, never perishes.
6
6
6
6
<
C
40. While, through want of such humble virtue,
many kings have perished with all their possessions,
and, through virtue united with modesty, even her-
mits have obtained kingdoms.
·
41. Through want of that virtuous humility VENA
was utterly ruined, and so was the great king NA-
HUSHA, and SUDA'SA, and YAVANA, (or, by a different
reading, and SUDAMAN, the son of PIYAVANA) and
SUMAC'HA, and NIMI;
42.
"
But, by virtues with humble behaviour, PRit’Hu
6 and
THE MILITARY CLASS.
193
6
VII.
and MENU acquired sovereignty; CUVE'RA, wealth in- CHAP.
´exhaustible; and VISWA'MITRA, son of GA'DHI, the
rank of a priest, though born in the military class.
•
43. 6
From those, who know the three Védas, let
him learn the triple doctrine comprised in them,
' together with the primeval science of criminal justice +
and sound policy, the system of logick and metaphy-
sicks, and sublime theological truth: from the people
he must learn the theory of agriculture, commerce,
and other practical arts.
r
6
6
44. Day and night must he strenuously exert him-
'self to gain complete victory over his own organs;
since that king alone, whose organs are completely
subdued, can keep his people firm to their duty.
6
6
<
45. With extreme care let him shun eighteen vices,
ten proceeding from love of pleasure, eight springing ·
'from wrath, and all ending in misery;
،
6
46. Since a king, addicted to vices arising from
6
love of pleasure, must lose both his wealth and his
virtue, and, addicted to vices arising from anger,
he may lose even his life from the publick resent-
•ment.
C
6
47. Hunting, gaming, sleeping by day, censuring
rivals, excess with women, intoxication, singing, in-
'strumental musick, dancing, and useless travel, are
'the ten-fold set of vices produced by love of plea-
S sure :
2 c
•
48. Tale-
}
194
ON GOVERNMENT; OR ON
CHAP.
VII.
48. Talebearing, violence, insidious wounding, envy,
'detraction, unjust seizure of property, reviling, and
open assault are in like manner the eight-fold set
' of vices, to which anger gives birth.
6
<
'
ڈیو
49. A selfish inclination, which all wise, men know
to be the root of those two sets, let him suppress
with diligence: both sets of vices are constantly
produced by it.
50.
Drinking, dice, women, and hunting, let him
' consider as the four most pernicious in the set,
which love of pleasure occasions :
51. Battery, defamation, and injury to property,
'let him always consider as the three most heinous in
'the set, which arises from wrath;
52. And in this seven-fold assemblage of vices,
'too frequently prevailing in all kingdoms, let an
enlightened prince consider the first, and so forth in
order, as the most abominable in each set.
6
6
6
53. On a comparison between death and vice, the
'learned pronounce vice the more dreadful; since,
after death, a vicious man sinks to regions lower
and lower, while a man, free from vice, reaches
' heaven.
† 54.
THE king must appoint seven or eight minis-
ters, who must be sworn by touching a sacred image
• and the like; men, whose ancestors, were servants
' of kings; who are versed in the holy books; who
are
THE MILITARY CLASS.
195
<
6
are personally brave; who are skilled in the use of CHAP.
weapons; and whose lineage is noble.
55. Even an act easy in itself is hard sometimes
to be performed by a single man, especially if he
• have no assistant near: how much harder must it be
<
to perform alone the business of a kingdom with great
' revenues!
56. Let him perpetually consult with those minis-
'ters on peace and war, on his forces, on his reve
nues, on the protection of his people, and on the
6
6
6
means of bestowing aptly the wealth which he has
acquired:
C
57. Having ascertained the several opinions of his
'counsellors, first apart and then collectively, let him
'do what is most beneficial for him in publick affairs.
58. To one learned Bráhmen, distinguished among
'them all, let the king impart his momentous counsel,
relating to six principal articles.
6
6
59. To him, with full confidence, let him intrust
'all transactions; and with him, having taken his
final resolution, let him begin all his measures.
60. He must likewise appoint other officers; men
' of integrity, well informed, steady, habituated to gain
wealth, by honourable means, and tried by expe-
<rience.
•
61. As many officers as the due performance of
'his business requires, not slothful men, but active,
• able,
2c2
1
VII.
1
1
196
ON GOVERNMENT; OR ON
CHAP.
VII.
<
able, and well instructed, so many, and no more,
'let him appoint.
62.
Among those let him employ the brave, the
'skilful, the well-born, and the honest, in his mines
of gold or gems, and in other similar works for
6
6
6
' amassing wealth; but the pusillanimous, in the re-
cesses of his palace.
<
63. Let him likewise appoint an ambassador versed
in all the Sástras, who understands hints, external
'signs, and actions, whose hand and heart are pure,
'whose abilities are great, and whose birth was il-
•lustrious:
6
6
"
6
6
6
64. That royal ambassador is applauded most,, who
is generally beloved, pure within and without, dex-
terous in business, and endued with an excellent
memory; who knows countries and times, is hand-
some, intrepid, and eloquent.
6
65. The forces of the realm must be immediately
regulated by the commander in chief; the actual
'infliction of punishment, by the officers of criminal
justice; the treasury and the country, by the king
himself; peace and war, by the ambassador;
66. For it is the ambassador alone who unites,
'who alone disjoins the united; that is, he transacts
the business, by which kingdoms are at variance
or in amity.
6
<
67. In the transaction of affairs let the ambassador
comprehend the visible signs and hints, and discover
6
• the
THE MILITARY CLASS.
197
VII.
the acts, of the foreign king, by the signs, hints, CHAP.
and acts of his confidential servants, and the mea-
sures, which that king wishes to take, by the character
and conduct of his ministers.
<
}
68. Thus, having learned completely from his am-
'bassador all the designs of the foreign prince, let
the king so apply his vigilant care, that he bring
6 no evil on himself.
6
6
69. LET him fix his abode in a district containing
open champaigns; abounding with grain; inhabited
chiefly by the virtuous; not infected with maladies;
beautiful to the sight; surrounded by submissive
'mountaineers, foresters, or other neighbours; a coun-
try, in which the subjects may live at ease.
6
6
<
70. There let him reside in a capital, having, by
way of a fortress, a desert rather more than twenty
'miles round it, or a fortress of earth, a fortress of
6
water, or of trees, a fortress of armed men, or a
'fortress of mountains.
71.
"
With all possible care let him secure a fortress
' of mountains; for, among those just mentioned, a
'fortress of mountains has many transcendent pro-
•perties.
6
6
72. In the three first of them live wild beasts,
vermin, and aquatick animals; in the three last,
apes, men, and gods, in order as they are named:
6
73. As enemies hurt them not in the shelter of
'their several abodes, thus foes hurt not a king, who
• has
198
ON GOVERNMENT; OR ON
I
CHAP.
6
VII. 6
6
6
6
has taken refuge in his durga, or place of difficult
access.
6
74. One bowman, placed on a wall, is a match
in war for a hundred enemies; and a hundred, for
ten thousand; therefore is a fort recommended.
6
75. Let that fort be supplied with weapons, with
money, with grain, with beasts, with Bráhmens, with
artificers, with engines, with grass, and with water.
76. In the centre of it let him raise his own
'palace, well finished in all its parts, completely de-
fended, habitable in every season, brilliant with white
stucco, surrounded with water and trees:
C
6
77. Having prepared it for his mansion, let him
'chuse a consort of the same class with himself, en-
'dued with all the bodily marks of excellence, born
' of an exalted race, captivating his heart, adorned
with beauty and the best qualities.
6
78. He must appoint also a domestick priest, and
' retain a performer of sacrifices, who may solemnize
'the religious rites of his family, and those performed
with three sacred fires.
6
6
6
6
79. Let the king make sacrifices, accompanied with
gifts of many different kinds; and, for the full dis-
charge of his duty, let him give the Bráhmens both
legal enjoyments and moderate wealth.
<
80. His annual revenue he may receive from his
'whole dominion through his collectors; but let him
' in
THE MILITARY CLASS.
199
' in this world observe the divine ordinances; let him CHAP.
"
act as a father to his people.
6
81. Here and there he must appoint many sorts
' of intelligent supervisors, who may inspect all the
' acts of the officers engaged in his business.
82. To Bráhmens returned from the mansions of
'their preceptors, let him show due respect; for that
is called a precious unperishable gem, deposited by
kings with the sacerdotal class:
6
6
6
83. It is a gem, which neither thieves or foes take
away; which never perishes: kings must, therefore,
deposit with Bráhmens that indestructible jewel of
'respectful presents.
6
<
6
84. An oblation in the mouth, or hand, of a Bráh-
men, is far better than offerings to holy fire: it
never drops; it never dries; it is never consumed.
85. A gift, to one not a Bráhmen, produces fruit
of a middle standard; to one who calls himself a
Bráhmen, double; to a well-read Bráhmen, a hun-
'dred thousand-fold; to one who has read all the
Védas, infinite.
6
<
<
6
6
6
86. Of a gift made with faith in the Sástra, to a
person highly deserving it, the giver shall indubitably
gain the fruit after death, be the present small or
great.
87. A KING, while he protects his people, being
defied by an enemy of equal, greater, or less force,
• must
VII.
200
ON GOVERNMENT; OR ON
CHAP. must by no means turn his face from battle, but
must remember the duty of his military class:
VII.
6
6
88. Never to recede from combat, to protect the
people, and to honour the priests, is the highest duty
' of kings and ensures their felicity.
6
6
6
6
6
6
6
6
<
6
6
89. Those rulers of the earth, who, desirous of
defeating each other, exert their utmost strength in
battle, without ever averting their faces, ascend after
death directly to heaven.
90. LET no man, engaged in combat, smite his
foe with sharp weapons concealed in wood, nor with
arrows mischievously barbed, nor with poisoned ar-
rows, nor with darts blazing with fire;
91.
Nor let him in a car or on horseback strike his
enemy alighted on the ground; nor
the ground; nor an effeminate
man; nor one, who sues for life with closed palms;
nor one, whose hair is loose and obstructs his sight;
nor one, who sits down fatigued; nor one, who says,
"I am thy captive;"
•
92. Nor one, who sleeps; nor one, who has lost
'his coat of mail; nor one, who is naked; nor one, who
6
6
is disarmed; nor one, who is a spectator, but not
a combatant; nor one, who is fighting with another
'man:
93.
6
Calling to mind the duty of honourable men,
• let him never slay one, who has broken his weapon;
6
nor one, who is afflicted with private sorrow ; nor
" one,
THE MILITARY CLASS.
201
}
one, who has been grievously wounded; nor one, CHAP.
'who is terrified; nor one, who turns his back.
94. The soldier, indeed, who, fearing and turning
his back, happens to be slain by his foes in an
engagement, shall take upon himself all the sin of
'his commander, whatever it be;
6
<
95. And the commander shall take to himself the
<
fruit of all the good conduct, which the soldier,
'who turns his back and is killed, had previously
stored up for a future life.
<
6
96. CARS, horses, elephants, umbrellas, habiliments,
except the jewels which may adorn them, grain, cattle,
women, all sorts of liquids and metals, except gold
and silver, are the lawful prizes of the man who
• takes them in war;
6
·
<
97. But of those prizes, the captors must lay the
most valuable before the king; such is the rule in
'the Veda concerning them; and the king should dis-
tribute among the whole army what has not been
'separately taken.
6
6
6
6
98. Thus has been declared the blameless primeval
law for military men; from this law a king must
never depart, when he attacks his foes in battle.
6
99. What he has not gained from his foe, let him
'strive to gain; what he has acquired, let him pre-
serve with care; what he preserves, let him augment ;
' and what he has augmented, let him bestow on
the deserving.
2 D
100. This
•
VII.
202
ON GOVERNMENT; OR ON
VII.
CHAP. 100. This is the four-fold rule, which he must con-
'sider as the sure means of attaining the great object
of man, happiness; and let him practise it fully with-
'out intermission, without indolence:
101. What he has not gained, let him strive to
gain by military strength; what he has acquired, let
' him preserve by careful inspection; what he has pre-
served, let him augment by legal modes of increase;
and what he has augmented, let him dispense with
I just liberality.
6
6
"
6
<
<
6
6
102. Let his troops be constantly exercised; his
prowess, constantly displayed; what he ought to se-
cure, constantly secured; and the weakness of his
foe, constantly investigated.
·
103. By a king, whose forces are always ready for
action, the whole world may be kept in awe; let
him then, by a force always ready, make all creatures
living his own.
104. Let him act on all occasions without guile,
and never with insincerity; but, keeping himself ever
• on his guard, let him discover the fraud intended
by his foe.
6
105. Let not his enemy discern his vulnerable part,
'but the vulnerable part of his enemy let him well
'discern like a tortoise, let him draw in his mem-
bers under the shell of concealment, and diligently let
him repair any breach that may be made in it.
106. Like a heron, let him muse on gaining ad-
vantages;
THE MILITARY CLASS.
203
VII.
vantages; like a lion, let him put forth his strength; CHAP.
like a wolf, let him creep towards his prey; like a
'hare, let him double to secure his retreat.
6
6
<
6
107. When he thus has prepared himself for con-
quest, let him reduce all opposers to submission by
negotiation and three other expedients, namely, pre-
sents, division, and force of arms:
108. 6
If they cannot be restrained by the three first
' methods, then let him, firmly but gradually, bring
6
them to subjection by military force.
109. €
Among those four modes of obtaining success,
the wise prefer negotiation and war for the exalta-
'tion of kingdoms.
<
<
110. As a husbandman plucks up weeds and pre-
serves his corn, thus let a king destroy his opponents
and secure his people.
،
111. That king, who, through weakness of intellect,
rashly oppresses his people, will, together with his
family, be deprived both of kingdom and life:
112. As, by the loss of bodily sustenance, the lives
' of animated beings are destroyed, thus, by the dis-
'tress of kingdoms, are destroyed even the lives of
kings.
6
6
6
113. FOR the sake of protecting his dominions, let
the king perpetually observe the following rules; for,
by protecting his dominions,, he will increase his
own happiness.
2 D 2
114. Let
204
ON GOVERNMENT; OR ON
CHAP.
VII.
114. Let him place, as the protectors of his realm,
a company of guards, commanded by an approved
'officer, over two, three, five, or a hundred districts,
according to their extent.
(
•
115. Let him appoint a lord of one town with
its district, a lord of ten towns, a lord of twenty,
a lord of a hundred, and a lord of a thousand.
116. Let the lord of one town certify of his own
'accord to the lord of ten towns any robberies, tu-
<
mults, or other evils, which arise in his district, and
'which he cannot suppress; and the lord of ten, to the
lord of twenty :
<
117. Then let the lord of twenty towns notify
them to the lord of a hundred; and let the lord of
✰ a hundred transmit the information himself to the
lord of a thousand townships.
6
6
C
118. Such food, drink, wood, and other articles,
as by law should be given each day to the king
by the inhabitants of the township, let the lord of
' one town receive as his perquisite:
119. Let the lord of ten towns enjoy the produce
' of two plough-lands, or as much ground as can be
tilled with two ploughs, each drawn by six bulls; the
'lord of twenty, that of ten* plough-lands; the lord
' of a hundred, that of a village or small town; the
lord of a thousand, that of a large town.
6
120. The affairs of those townships, either jointly
* See Note on Book VII verse 119.
· or
THE MILITARY CLASS.
205
or separately transacted, let another minister of the CHAP.
king inspect; who should be well affected, and by VII.
6 no means remiss.
<
6
•
7
121. In every large town or city, let him appoint
one superintendent of all affairs, elevated in rank,
formidable in power, distinguished as a planet among
• stars:
122. Let that governor from time to time survey
all the rest in person, and, by means of his emis-
saries, let him perfectly know their conduct in their
• several districts.
"
6
123. Since the servants of the king, whom he
has appointed guardians of districts, are generally
knaves, who seize what belongs to other men, from
'such knaves let him defend his people :
·
124. Of such evil-minded servants, as wring wealth
'from subjects attending them on business, let the
king confiscate all the possessions, and banish them
from his realm.
6
6
6
6
6
125. FOR Women, employed in the service of the
king, and for his whole set of menial servants, let
him daily provide a maintenance, in proportion to
their station and to their work:
126. One pana of copper must be given each day
•
as wages to the lowest servant, with two cloths for
apparel every half-year, and a dróna of grain every
month; to the highest must be given wages in the
• ratio of six to one.
127. HAVING
206
ON GOVERNMENT; OR ON
CHAP.
VII.
6
127.
HAVING ascertained the rates of purchase and
sale, the length of the way, the expences of food
' and of condiments, the charges of securing the goods
carried, and the neat profits of trade, let the king
oblige traders to pay taxes on their saleable com-
•modities:
C
128. After full consideration, let a king so levy
those taxes continually in his dominions, that both
he and the merchant may receive a just compensa-
tion for their several acts.
129. As the leech, the suckling calf, and the bee,
'take their natural food by little and little, thus must
a king draw from his dominions an annual revenue.
6
6
6
C
6
130. Of cattle, of gems, of gold and silver, added
each year to the capital stock, a fiftieth part may be
taken by the king; of grain, an eighth part, a sixth,
or a twelfth, according to the difference of the soil,
and the labour necessary to cultivate it.
131. He may also take a sixth part of the clear
•
' annual increase of trees, flesh-meat, honey, clarified
'butter, perfumes, medical substances, liquids, flowers,
roots, and fruit,
C
132. Of gathered leaves, potherbs, grass, utensils
made with leather or cane, earthen pots, and all
'things made of stone.
133. A king, even though dying with want, must
not receive any tax from a Bráhmen learned in the
• Védas,
THE MILITARY CLASS.
207
6
Védas, nor suffer such a Bráhmen, residing in his CHAP.
territories, to be afflicted with hunger.
134. Of that king, in whose dominion a learned
‹ Bráhmen is afflicted with hunger, the whole kingdom
will in a short time be afflicted with famine.
،
135. The king, having ascertained his knowledge
of scripture and good morals, must allot him a suit-
'able maintenance, and protect him on all sides, as
a father protects his own son:
•
،
136. By that religious duty, which such a Bráh-
men performs each day, under the full protection of
the sovereign, the life, wealth, and dominions of
'his protector shall be greatly increased.
137. Let the king order a mere trifle to be paid,
• in the name of the annual tax, by the meaner in-
'habitants of his realm, who subsist by petty traf-
• fick :
<
138. By low handicraftsmen, artificers, and servile
6 men,
who support themselves by labour, the king
may cause work to be done for a day in each
• month.
6
6
<
6
139. Let him not cut up his own root by taking
no revenue, nor the root of other men by excess of
covetousness; for, by cutting up his own root and
theirs, he makes both himself and them wretched.
140. Let him, considering the diversity of cases,
be occasionally sharp and occasionally mild, since a
king
6
VII.
208
ON GOVERNMENT; OR ON
CHAP.
VII.
<
<
6
6
king, duly sharp and mild, becomes universally ap-
proved.
141. When tired of overlooking the affairs of men,
'let him assign the station of such an inspector to a
principal minister, who well knows his duty, who is
eminently learned, whose passions are subdued, and
'whose birth is exalted.
6
142. Thus must he protect his people, discharging,
'with great exertion and without languor, all those
duties, which the law requires him to perform.
143. That monarch, whose subjects are carried from
his kingdom by ruffians, while they call aloud for
protection, and he barely looks on them with his
ministers, is a dead, and not a living king.
144. The highest duty of a military man is the
' defence of his people, and the king who receives
'the consideration just mentioned, is bound to dis-
charge that duty.
6
L
145.
HAVING risen in the last watch of the night,
his body being pure, and his mind attentive, having
'made oblations to fire, and shown due respect to
the priests, let him enter his hall decently splendid:
C
;
146. Standing there, let him gratify his subjects,
before he dismiss them, with kind looks and words
and, having dismissed them all, let him take secret
'council with his principal ministers:
<
·
147. Ascending up the back of a mountain, or
<
going
THE MILITARY CLASS.
209
<
VII.
going privately to a terrace, a bower, a forest, or CHAP.
a lonely place, without listeners, let him consult
'with them unobserved.
Y
148. That prince, of whose weighty secrets all as-
'semblies of men are ignorant, shall attain dominion
over the whole earth, though at first he possess no
6
6
6
6
treasure.
(
149. At the time of consultation, let him remove
the stupid, the dumb, the blind, and the deaf, talk-
ing birds, decrepit old men, women, and infidels, the
'diseased and the maimed;
6
6
150. Since those, who are disgraced in this life
by reason of sins formerly committed, are apt to be-
tray secret council; so are talking birds
and so
' above all are women: them he must, for that reason,
C
6
diligently remove.
151. At noon
6
noon or
or at midnight, when his fatigues
have ceased, and his cares are dispersed, let him
'deliberate, with those ministers or alone, on virtue,
lawful pleasure, and wealth;
6
6
6
152. On the means of reconciling the acquisition
' of them, when they oppose each other; on bestow-
6
ing his daughters in marriage, and on preserving his
sons from evil by the best education;
153..' On sending ambassadors and messengers; on
'the probable events of his measures; on the beha-
viour of his women in the private apartment; and
<
on the acts even of his own emissaries.
2 E
<
154. On
210
ON GOVERNMENT, OR ON
CHAP.
VII.
6
6
154. On the whole eight-fold business of kings, rẻ-
lating to the revenue, to their expences, to the good
6 or bad conduct of their ministers, to legislation in
dubious cases, to civil and criminal justice, and to
expiations for crimes, let him reflect with the greatest
attention; on his five sorts of spies, or active and
artful youths, degraded anchorets, distressed husband-
men, decayed merchants, and fictitious penitents, whom
he must pay and see privately; on the good will or
enmity of his neighbours, and on the state of the
circumjacent countries.
6
6
6
<
<
6
6
6
6
155. On the conduct of that foreign prince, who
has moderate strength equal to one ordinary foe, but
no match for two; on the designs of him, who is
willing and able to be a conqueror; on the condi-
tion of him, who is pacifick, but a match even for
the former unallied; and on that of his natural ene-
my, let him sedulously meditate:
156. Those four powers, who, in one word, are
the root or principal strength of the countries round
' him, added to eight others, who are called the
branches, and are as many degrees of allies and op-
'ponents variously distinguished, are declared to be
• twelve chief objects of the royal consideration;
<
<
157. And five other heads, namely, their ministers,
their territories, their strong holds, their treasuries,
' and their armies, being applied to each of those
twelve, there are in all, together with them, seventy-
two foreign objects to be carefully investigated.
6
<
158. Let
THE MILITARY CLASS.
211
<
VI.
158. Let the king consider as hostile to him, the CHAP.
power immediately beyond him, and the favourer of
that power; as amicable, the power next beyond his
'natural foe; and as neutral, the powers beyond that
• circle:
6
6
1
159. All those powers let him render subservient
to his interest by mild measures and the other
'three expedients before mentioned, either separate or
' united, but principally by valour and policy in arms
• and negotiation.
6
6
·
160. Let him constantly deliberate on the six
measures of a military prince, namely, waging war,
and making peace or alliance, marching to battle,
' and sitting encamped, distributing his forces, and
seeking the protection of a more powerful monarch:
161. · Having considered the posture of affairs, let
him occasionally apply to it the measure of sitting
'inactive, or of marching to action, of peace, or of
war, of dividing his force, or of seeking protection.
6
6
6
"
162. A king must know, that there are two sorts
of alliance and war; two, of remaining encamped,
and of marching; two, likewise, of dividing his army,
' and two of obtaining protection from another power.
6
163. The two sorts of alliance, attended with pre-
'sent and future advantages, are held to be those,
'when he acts in conjunction with his ally, and when
6
1
he acts apart from him.
164. War is declared
to be of two sorts; when
2 E 2
it
212
ON GOVERNMENT; OR ON
CHAP.
VII.
6
6
it is waged for an injury to himself, and when it
is waged for an injury to his ally, with a view to
harass the enemy both in season and out of season.
165.<
Marching is of two sorts, when destructive
acts are done at his own pleasure by himself apart,
or when his ally attends him.
166. The two sorts of sitting encamped are, first,
' when he has been gradually weakened by the Di-
vine Power, or by the operation of past sins, and,
secondly, when, to favour his ally, he remains in his
camp.
'
167. A detachment commanded by the king in
person, and a detachment commanded by a general
officer, for the purpose of carrying some important
point, are declared by those, who well know the
'six measures, to be the two modes of dividing his
6 army.
"
整
​168. The two modes of seeking protection, that
his powerful support may be proclaimed in all coun-
tries, are, first, when he wishes to be secure from
apprehended injury, and, next, when his enemies
' actually assail him.
6
<
169. When the king knows with certainty, that at
'some future time his force will be greatly augmented,
•
6
and when, at the time present, he sustains little
injury, let him then have recourse to peaceful mea-
sures;
170.
But, when he sees all his subjects consider-
6
ably
THE MILITARY CLASS.
213
V
1
ably firm in strength, and feels himself highly ex- CHAP.
<
<
alted in power, let him protect his dominions by
VII.
When he perfectly knows his own troops to
6 war.
·
6
6
<
6
6
6
<
6
6
6
<
171.
be cheerful and well supplied, and those of his
enemy quite the reverse, let him eagerly march
against his foes;
172. But, when he finds himself weak in beasts of
burden and in troops, let him then sit quiet in
camp, using great attention, and pacifying his enemy
by degrees.
173. When a king sees his foes stronger in all
respects than himself, let him detach a part of his
army, to keep the enemy amused, and secure his own
safety in an inaccessible place;
174. But, when he is in all places assailable by
the hostile troops, let him speedily seek the protec-
tion of a just and powerful monarch.
#
175. ·
Him, who can keep in subjection both his
own subjects and his foes, let him constantly sooth
by all sorts of attentive respect, as he would honour
his father, natural or spiritual:
176. But if, even in that situation, he find such
protection a cause of evil, let him alone, though
weak, wage vigorous war without fear.
6
177. By all these expedients let a politick prince
act with such wisdom, that neither allies, neutral
< powers,
}
1
214
ON GOVERNMENT; OR ON
CHAP.
VII.
"
powers, nor foes, may gain over him any great ad-
vantage.
'
178. Perfectly let him consider the state of, his
kingdom, both actually present and probably future,
'with the good and bad parts of all his actions:
6
6
179. That king shall never be overcome by his
enemies, who foresees the good and evil to ensue
'from his measures; who, on present occasions, takes
his, resolution with prudent speed, and who weighs
the various events of his past conduct.
6
6
6
•
6
6
180. Let him so arrange all his affairs, that no
ally, neutral prince, or enemy, may obtain any ad-
vantage over him this, in a few words, is the sum
of political wisdom.
6
181. WHEN the king begins his march against the
domains of his foe, let him gradually advance, in
the following manner, against the hostile metro-
polis.
"
182. Let him set out on his expedition in the fine
' month Márgasírsha, or about the month of Phál-
guna and Chaitra, according to the number of his
forces, that he may find autumnal or vernal crops in
the country invaded by him:
"
6
6
<
183. Even in other seasons, when he has a clear
prospect of victory, and when any disaster has be-
fallen his foe, let him advance with the greater part
of his army.
184. Having
THE MILITARY CLASS.
215
C
VII.
184. Having made a due arrangement of affairs in CHAP.
'his own dominions, and a disposition fit for his en-
terprize, having provided all things necessary for
6
'his continuance in the foreign realm, and having
6
6
6
6
6
seen all his spies dispatched with propriety,
185. ·
Having secured the three sorts of ways, over
water, on plains, and through forests, and placed his
six-fold army,
army, elephants, cavalry, cars, infantry, offi-
and attendants, in complete military form, let
him proceed by fit journeys toward the metropolis
of his enemy:
6
6
cers,
6
186. Let him be much on his guard against every
secret friend in the service of the hostile prince, and
against emissaries, who go and return; for in such
friends he may find very dangerous foes.
187. On his march let him form his troops, either
like a staff, or in an even column; like a wain, or
in a wedge with the apex foremost; like a boar, or
in a rhomb with the van and rear narrow and the
centre broad; like a Macara or sea-monster, that is,
in a double triangle with apices joined; like a needle,
or in a long line; or like the bird of VISHNU, that
is, in a rhomboid with the wings far extended :
6
188. From whatever side he apprehends danger,
to that side let him extend his troops; and let him
always conceal himself in the midst of a squadron
• formed like a lotos-flower.
<
189. Let him cause his generals and the chief com-
• mander
216
ON GOVERNMENT; OR ON
CHAP.
VII.
6
mander under himself, to act in all quarters; and
'from whatever side he perceives a design of attack-
ing him, to that side let him turn his front.
6
6
C
<
190. On all sides let him station troops of soldiers,
in whom he confides, distinguished by known colours
and other marks; who are excellent both in sustain-
ing a charge and in charging, who are fearless and
incapable of desertion.
191. Let him at his pleasure order a few men to
engage in a close phalanx, or a large number of
warriours in loose ranks; and, having formed them
in a long line like a needle, or in three divisions
like a thunderbolt, let him give orders for battle.
ed
192. On a plain, let him fight with hi
'cars and horses; on watery places, with
'boats and elephants; on ground full of trees and
shrubs, with bows; on cleared ground, with swords
and targets, and other weapons.
<
6
'
193. Men born in Curueshétra, near Indraprest' ha,
in Matsya, or Viráta, in Panchála, or Cányacubja,
and in Súraséna, in the district of Mathurà, let him
cause to engage in the van; and men, born in other
'countries, who are tall and light.
<
<
6
194. Let him, when he has formed his troops in
array, encourage them with short animated speeches ;
⚫ and then, let him try them completely: let him know,
likewise, how his men severally exert themselves,
'while they charge the foe.
195. • If
THE MILITARY CLASS.
217
VII.
195. If he block up his enemy, let him sit en- CHAP.
camped, and lay waste the hostile country; let him
continually spoil the grass, water, and wood of the
• adverse prince.
6
·
196. Pools, wells, and trenches let him destroy.
'let him harass the foe by day, and alarm him by
night.
6
'
'
6
6
197. Let him secretly bring over to his party all
such leaders as he can safely bring over; let him
be informed of all that his enemies are doing; and,
when a fortunate moment is offered by heaven, let
him give battle, pushing on to conquest and aban-
doning fear:
198.
Yet he should be more sedulous to reduce
his enemy by negotiation, by well applied gifts, and
by creating divisions, using either all or some of
'those methods, than by hazarding at any time a
• decisive action,
6
6
6
199. Since victory or defeat are not surely fore-
seen on either side, when two armies engage in the
'field; let the king then, if other expedients prevail,
' avoid a pitched battle:
6
6
200..
But, should there be no means of applying
the three before-mentioned expedients, let him, after
'due preparation, fight so valiantly, that his enemy
may be totally routed.
6
201. HAVING conquered a country,, let him respect
'the deities adored in it, and their virtuous priests;
2 F
• let
218
ON GOVERNMENT; OR ON
CHAP.
VII.
'let him also distribute largesses to the people, and
6 cause a full exemption from terrour to be loudly
proclaimed.
202. When he has perfectly ascertained the con-
duct and intentions of all the vanquished, let him
'fix in that country a prince of the royal race, and
give him precise instructions.
6
203. Let him establish the laws of the conquered
'nation as declared in their books; and let him gratify
the new prince with gems and other precious gifts.
204. · The seizure of desirable property, though it
cause hatred, and the donation of it, though it cause
love, may be laudable or blameable on different
'occasions:
6
<
6
6
6
205. All this conduct of human affairs is considered
as dependent on acts ascribed to the deity, and on
' acts ascribed to men; now the operations of the
deity cannot be known by any intenseness of thought,
'but those of men may be clearly discovered.
6
•
•
206. OR the victor, considering an ally, territory,
and wealth as the triple fruit of conquest, may
form an alliance with the vanquished prince, and
'proceed in union with him, using diligent circum-
"spection.
6
207. He should pay due attention to the prince,
'who supported his cause, and to any other prince
in the circumjacent region, who checked that sup-
'porter, so that, both from a well-wisher and from an
opponent,
6
THE MILITARY CLASS. •
219
opponent, he may secure the fruit of his expedi- CHAP.
• tion.
6
208. By gaining wealth and territory a king acquires
'not so great an increase of strength, as by obtain-
ing a firm ally, who, though weak, may hereafter
· be powerful.
209. That ally, though feeble, is highly estimable,
'who knows the whole extent of his duties, who grate-
fully remembers benefits, whose people are satisfied,
who has a gentle nature, who loves his friend,
' and perseveres in his good resolutions.
<
6
6
or,
210. Him have the sages declared an enemy hard
'to be subdued, who is eminently learned, of a noble
race, personally brave, dexterous in management, li-
'beral, grateful, and firm.
6
C
<
·
211. Good-nature, knowledge of mankind, valour,
benignity of heart, and incessant liberality, are the
assemblage of virtues, which adorn a neutral prince,
whose amity must be courted.
212. Even a salubrious and fertile country, where
'cattle continually increase, let a king abandon with-
'out hesitation for the sake of preserving himself:
213. Against misfortune, let him preserve his wealth;
' at the expence of his wealth, let him preserve his
' wife; but let him at all events preserve himself, even
6 at the hazard of his wife and his riches.
214. A wise prince, who finds every sort of cala-
2F2
• mity
VII.
220
CON GOVERNMENT; OR ON
CHAP. ' mity rushing violently upon him, should have recourse
to all just expedients, united or separate:
VII.
6
6
215. Let him consider the business to be expe-
dited, the expedients collectively, and himself who
'must apply them; and, taking refuge completely in
'those three, let him strenuously labour for his own
6
' prosperity.
6
216. HAVING consulted with his ministers, in the
manner before prescribed, on all this mass of publick
affairs; having used exercise becoming a warriour,
' and having bathed after it, let the king enter at
noon his private apartment for the purpose of tak-
ing food.
<
،
217. There let him eat lawful aliment, prepared by
'servants attached to his person, who know the dif
'ference of times and are incapable of perfidy, after
it has been proved innocent by certain experiments,
and hallowed by texts of the Véda repulsive of
'poison.
218.
Together with all his food let him swallow
'such medical substances as resist venom; and let
•
6
him constantly wear with attention such gems, as
are known to repel it.
219. Let his females, well tried and attentive, their
dress and ornaments having been examined, lest some
weapon should be concealed in them, do him humble
'service with fans, water, and perfumes:
C
220. Thus let him take diligent care, when he
'goes
THE MILITARY CLASS.
221
<
VII.
goes out in a carriage or on horseback, when he CHAP.
lies down to rest, when he sits, when he takes food,
'when he bathes, anoints his body with odorous es-
< sences, and puts on all his habiliments.
<
·
221. After eating, let him divert himself with his
women in the recesses of his palace; and, having
<idled a reasonable time, let him again think of pub-
lick affairs:
16
222. When he has dressed himself completely, let
• him once more review his armed men, with all their
elephants, horses, and cars, their accoutrements, and
<
weapons.
223. At sunset, having performed his religious duty,
let him privately, but well armed, in his interior
apartment, hear what has been done by his reporters
• and emissaries :
6
6
C
224. Then, having dismissed those informers, and
returning to another secret chamber, let him
go,
' attended by women, to the inmost recess of his
mansion for the sake of his evening meal;
6
225. There, having a second time eaten a little,
and having been recreated with musical strains, let
'him take rest early, and rise refreshed from his labour.
6
226. THIS perfect system of rules let a king, free
from illness, observe; but, when really afflicted with
disease, he may intrust all these affairs to his of
'ficers.'
CHAP. VIII.
On Judicature; and on Law, Private and Criminal.
CHAP.
VIII.
6
6
6
<
<
-
1. A KING, desirous of inspecting judicial proceed-
ings, must enter his court of justice, composed and
sedate in his demeanour, together with Bráhmens
and counsellors, who know how to give him advice:
2. There, either sitting or standing, holding forth
his right arm, without ostentation in his dress and
ornaments, let him examine the affairs of litigant
parties.
6
6
3. Each day let him decide causes, one after ano-
ther, under the eighteen principal titles of law, by
arguments and rules drawn from local usages, and
'from written codes:
6
6
<
4. Of those titles, the first is debt, on loans for
'consumption; the second, deposits, and loans for use;
the third, sale without ownership; the fourth, concerns
among partners; the fifth, subtraction of what has
< been given;
6
6
C
5. The sixth, non-payment of wages or hire; the
'seventh, non-performance of agreements; the eighth,
' rescission of sale and purchase; the ninth, disputes
• between master and servant;
6. The tenth, contests on boundaries; the eleventh
• and
ON JUDICATURE.
223
6
<
6
6
1
and twelfth, assault and slander; the thirteenth, lar- CHAP.
ceny; the fourteenth, robbery and other violence; VIII.
the fifteenth, adultery;
7. The sixteenth, altercation between man and
6
wife, and their several duties; the seventeenth, the
law of inheritance; the eighteenth, gaming with dice
and with living creatures: these eighteen titles of law
6 are settled as the ground-work of all judicial pro-
'cedure in this world.
6
6
8.
Among men, who contend for the most part on
the titles just mentioned, and on a few miscellaneous
heads not comprised under them, let the king decide
causes justly, observing primeval law;
6
9. But, when he cannot inspect such affairs in per-
son, let him appoint, for the inspection of them, a
· Bráhmen of eminent learning:
10. Let that chief judge, accompanied by three
assessors, fully consider all causes brought before
'the king; and, having entered the court-room, let
him sit or stand, but not move backwards and forwards.
11. In whatever country three Bráhmens, particularly
'skilled in the three several Vedas, sit together with
the very learned Bráhmen appointed by the king, the
wise call that assembly the court of BRAHMA' wit
four faces.
•
6
12.
WHEN justice, having been wounded by iniquity,
'approaches the court, and the judges extract not the
dart, they also shall be wounded by it.
6
"
13. Either
224
ON JUDICATURE; AND ON LAW,
CHAP.
VIII.
6
13. Either the court must not be entered by judges,
parties, and witnesses, or law and truth must be openly
'declared: that man is criminal, who either says no-
thing, or says what is false or unjust.
6
<
6
6
6
14. Where justice is destroyed by iniquity, and
truth by false evidence, the judges, who basely look
on without giving redress, shall also be destroyed.
15. Justice being destroyed, will destroy; being
preserved, will preserve: it must never, therefore,
'be violated. "Beware, O judge, lest justice, being
overturned, overturn both us and thyself."
6
16. The divine form of justice is represented as
Vrisha, or a bull, and the gods consider him, who
'violates justice, as a Vrishala, or one who slays a
bull: let the king, therefore, and his judges beware
of violating justice.
6
17. The only firm friend, who follows men even
' after death, is justice: all others are extinct with
• the body.
<
<
<
$
18. Of injustice in decisions, one quarter falls on the
party in the cause; one quarter, on his witnesses;
one quarter, on all the judges; and one quarter on
• the king;
19. But where he, who deserves condemnation, shall
' be condemned, the king is guiltless, and the judges
free from blame: an evil deed shall recoil on him,
'who committed it.
20. · A Bráh-
PRIVATE AND CRIMINAL.
225
<
<
20. A Bráhmen supported only by his class, and CHAP.
one barely reputed a Bráhmen, but without per
forming any sacerdotal acts, may, at the king's plea-
sure, interpret the law to him: so may the two mid-
VIII.
6
dle classes; but a Súdra, in no case whatever.
21. 6
Of that king, who stupidly looks on, while a
• Súdra decides uses, the kingdom itself shall be
'embarrassed, ke a cow in deep mire.
6
22. The whole territory, which is inhabited by a
number of Súdras, overv nelmed with atheists, and
deprived of Bráhmens, must speedily perish afflicted
'with dearth and disease.
6
•
6
6
23. <
LET the king or his judge, having seated him-
self on the bench, his body properly clothed and
his mind attentively fixed, begin with doing reve-
rence to the deities, who guard the world; and then
• let him enter on the trial of causes :
24. Understanding what is expedient or inexpe-
dient, but considering only what is law or not law,
'let him examine all disputes between parties, in the
6
' order of their several classes.
6
6
25. By external signs let him see through the
thoughts of men; by their voice, colour, countenance,
limbs, eyes, and action:
26. From the limbs, the look, the motion of the
body, the gesticulation, the speech, the changes of
the eye and the face, are discovered the internal
' workings of the mind.
6.
2 G
27. • THE
226
ON JUDICATURE; AND ON LAW,
CHAP.
VIII.
27. THE property of a student and of an infant,
whether by descent or otherwise, let the king hold
in his custody, until the owner shall have ended his
studentship, or until his infancy shall have ceased
• in his sixteenth year.
Cre
28. 6
Equal care must be taken of barren women,
"of women without sons, whose husbands have married
other wives, of women without kindred, or whose
husbands are in distant places, of widows true to
their lords, and of women afflicted with illness.
C
C
•
6
29. Such kinsmen, as, by any pretence, appropriate
the fortunes of women during their lives, a just
king must punish with the severity due to thieves.
30. Three years let the king detain the property
of which no owner appears, after a distinct procla-
´mation: the owner, appearing within the three years,
may take it; but, after that term, the king may
'confiscate it.
6
31. ' He, who says "This is mine," must be duly
' examined; and if, before he inspect it, he declare its
6
6
form, number, and other circumstances, the owner
must have his property;
32. But if he show not at what place and time
it was lost, and specify not its colour, shape, and
'dimensions, he ought to be amerced:
33. The king may take a sixth part of the pro-
'perty so detained by him, or a tenth, or a twelfth,
' remembering the duty of good kings.
34. Property
1
PRIVATE AND CRIMINAL.
227
6
6
VIII.
34. Property lost by one man, and found by ano- CHAP.
<ther, let the king secure, by committing it to the
care of trust-worthy men; and those, whom he shall
'convict of stealing it, let him cause to be trampled
on by an elephant.
6
6
•
35. From the man, who shall say with truth,
"This
property, which has been kept, belongs to me," the
'king may take a sixth or twelfth part, for having
• secured it ;
،
36. But he, who shall say so falsely, may be fined
either an eighth part of his own property, or else
in some small proportion to the value of the goods.
', falsely claimed, a just calculation having been made.
6
6
37. A learned Bráhmen, having found a treasure
formerly hidden, may take it without any deduction;
since he is the lord of all;
38. But of a treasure anciently reposited under
ground, which any other subject or the king has dis-
'covered, the king may lay up half in his treasury,
having given half to the Bráhmens.
6
39. Of old hoards, and precious minerals in the
earth, the king is entitled to half by reason of his
'general protection, and because he is the lord para-
'mount of the soil.
40. To men of all classes, the king must restore
← their property, which robbers have seized; since a
king, who takes it for himself, incurs the guilt of
• a robber.
C
2 G 2
<
41. A king
228
ON JUDICATURE; AND ON LAW,
CHAP.
VIII.
6
6
6
6
<
41. A king, who knows the revealed law, must
enquire into the particular laws of classes, the laws
or usages of districts, the customs of traders, and
the rules of certain families, and establish their pe-
culiar laws, if they be not repugnant to the law of
• God;
(
42. Since all men, who mind their own customary
ways of proceeding, and are fixed in the discharge
of their several duties, become united by affection
'with the people at large, even though they dwell far
• asunder.
<
C
43. Neither the king himself nor his officers must
ever promote litigation; nor ever neglect a law-suit
'instituted by others.
6
44. As a hunter traces the lair of a wounded beast
by the drops of blood; thus let a king investigate
the true point of justice by deliberate arguments:
45. Let him fully consider the nature of truth, the
'state of the case, and his own person; and next,
'the witnesses, the place, the mode, and the time;
firmly adhering to all the rules of practice:
6
46. What has been practised by good men and by
• virtuous Bráhmens, if it be not inconsistent with the
legal customs of provinces or districts, of classes and
'families, let him establish.
6
<
47. WHEN a creditor sues before him for the reco-
very of his right from a debtor, let him cause the
debtor to pay what the creditor shall prove due.
6
48. By
PRIVATE AND CRIMINAL.
229
48. By whatever lawful means a creditor may have CHAP.
C
6
<
gotten possession of his own property, let the king
ratify such payment by the debtor, though obtained
even by compulsory means.
VIII.
፡
6
49. By the mediation of friends, by suit in court,
by artful management, or by distress, a creditor may
recover the property lent; and, fifthly, by legal
• force.
50. 'That creditor, who recovers his right from his
debtor, must not be rebuked by the king for retaking
• his own property.
6
6
51. In a suit for a debt, which the defendant de-
nies, let him award payment to the creditor of what,
by good evidence, he shall prove due, and exact a
small fine, according to the circumstances of the deb-
• tor.
6
6
6
6
6
6
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6
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52.
On the denial of a debt, which the defendant
has in court been required to pay, the plaintiff must
call a witness who was present at the place of the
loan, or produce other evidence, as a note and the
like.
53.
The plaintiff, who calls a witness not present
at the place, where the contract was made, or, having
knowingly called him, disclaims him as his witness;
or who perceives not, that he asserts confused and
contradictory facts;
6
54. Or who, having stated what he designs to
prove, varies afterwards from his case; or who, being
6
questioned
230
ON JUDICATURE; AND ON LAW,
CHAP. 6 ' questioned on a fact, which he had before admitted,
refuses to acknowledge that very fact;
VIII.
6
6
<
55. Or who has conversed with the witnesses in a
C
place unfit for such conversation; or who declines
answering a question properly put; or who departs
from the court;
56. Or who, being ordered to speak, stands mute;
or who proves not what he has alledged; or who
'knows not what is capable or incapable of proof;
such a plaintiff shall fail in that suit.
6
57.
Him who has said "I have witnesses," and,
'being told to produce them, produces them not, the
judge must on this account declare nonsuited.
6
58. If the plaintiff delay to put in his plaint, he
may, according to the nature of the case, be corpo-
rally punished or justly amerced; and, if the defen-
dant plead not within three fortnights, he is by law
'condemned.
6
59. In the double of that sum, which the defendant
* falsely denies, or on which the complainant falsely
' declares, shall those two men, wilfully offending
6
C
against justice, be fined by the king.
60. When a man has been brought into court by
a suitor for property, and, being called on to answer,
' denies the debt, the cause should be decided by the
· Bráhmen who represents the king, having heard
'three witnesses at least.
<
61. WHAT
PRIVATE AND CRIMINAL.
231
6
viii.
61. WHAT sort of witnesses must be produced by CHAP.
'creditors and others on the trial of causes, I will
comprehensively declare; and in what manner those
'witnesses must give true/evidence.
"
:
62. Married house epers, men with male issue;
' inhabitants of the same district, either of the mili-
tary, the commercial, or the servile class, are com-
petent, when called by the party, to give their evi-
dence; not any persons indiscriminately, except in
'such cases of urgency as will soon be mentioned.
،
63. Just and sensible men of all the four classes
may be witnesses on trials; men, who know their
'whole duty, and are free from covetousness: but
men of an opposite character the judge must reject.
6
<
6
64. Those must not be admitted who have a pecu-
niary interest; nor familiar friends; nor menial ser-
vants; nor enemies; nor men formerly perjured; nor
persons grievously diseased nor those, who have
' committed heinous offences.
6
65. The king cannot be made a witness; nor cooks,
' and the like mean artificers; nor publick dancers and
singers; nor a priest of deep learning in scripture;
nor a student in theology; nor an anchoret secluded
'from all worldly connexions;
6
6
66. Nor one wholly dependent; nor one of bad
fame; nor one, who follows a cruel occupation; nor
one, who acts openly against the law; nor a decrepit
'old man; nor a child; nor one man only, unless he
• be
232
ON JUDICATURE; AND ON LAW,
CHAP. be distinguished for virtue; nor a wretch of the lowest
mixed class; nor one, who has lost the organs of sense;
VIII.
6
6
<
67. Nor one extremely grieved; nor one intoxi-
cated; nor a madman; nor one
one tormented with
hunger or thirst; nor one opressed by. fatigue; nor
"one excited by lust; nor one inflamed by wrath; nor
6 one who has been convicted of theft.
6
68. Women should regularly be witnesses for
women; twice-born men, for men alike twice-born ;
good servants and mechanicks, for servants and me-
'chanicks; and those of the lowest race, for those
6 of the lowest ;
6
6
6
6
6
6
6
6
69. But any person whatever, who has positive
knowledge of transactions in the private apartments
of a house, or in a forest, or at a time of death,
may give evidence between the parties:
6
70. On failure of witnesses duly qualified, evidence
may in such
in such cases be given by a woman, by a
child, or by an aged man, by a pupil, by a kins-
man, by a slave, or by a hired servant;
71. Yet of children, of old men, and of the dis-
eased, who are all apt to speak untruly, the judge
'must consider the testimony as weak; and much
6
more, that of men with disordered minds :
72. In all cases of violence, of theft and adultery,
' of defamation and assault, he must not examine too
<
strictly the competence of witnesses.
73. · If
PRIVATE AND CRIMINAL.
233
VIII.
73. If there be contradictory evidence, let the CHAP.
·
'king decide by the plurality of credible witnesses;
if equality in number, by superiority in virtue; if
parity in virtue, by the testimony of such twice-born
men, as have best performed publick duties.
74. Evidence of what has been seen,
has been heard, as slander and the like, given by
those who saw or heard it, is admissible; and a
'witness, who speaks truth in those cases, neither de-
'viates from virtue nor loses his wealth:
6
or of what
75. But a witness, who knowingly says any thing,
'before an assembly of good men, different from what
' he had seen or heard, shall fall headlong, after death,
' into a region of horrour, and be debarred from hea-
6
ven.
76. When a man sees or hears any thing, without
'being then called upon to attest it, yet, if he be
afterwards examined as a witness, he must declare
it, exactly as it was seen, and as it was heard.
6
6
<
77. One man, untainted with covetousness and
other vices, may in some cases be the sole witness,
• and will have more weight than many women, be-
6
cause female understandings are apt to waver; or
than many other men, who have been tarnished with
'crimes.
6
6
6
78. What witnesses declare naturally, or without
•
bias, must be received on trials; but what they im-
properly say, from some unnatural bent, is inapplica-
'ble to the purposes of justice.
2 H
79. THE
234
ON JUDICATURE; AND ON LAW,
CHAP.
VIII.
6
6
79. THE witnesses being assembled in the middle
of the court-room, in the presence of the plaintiff
and the defendant, let the judge examine them, after
having addressed them all together in the following
'manner :
<
6
80. "What ye know to have been transacted in the
matter before us, between the parties reciprocally,
declare at large and with truth; for your evidence
in this cause is required."
81. A witness, who gives testimony with truth,
'shall attain exalted seats of beatitude above, and the
highest fame here below: such testimony is revered
by BRAHMA' himself;
6
6
6
82.
<
The witness who speaks falsely, shall be fast
bound under water, in the snaky cords of VARUNA,
' and be wholly deprived of power to escape torment
during a hundred transmigrations: let mankind, there-
fore, give no false testimony.
6
6
6
83. By truth is a witness cleared from sin; by truth
is justice advanced: truth must, therefore, be spoken
by witnesses of every class.
84. The soul itself is its own witness; the soul it-
'self is its own refuge; offend not thy conscious soul,
•
the supreme internal witness of men!
85. The sinful have said in their hearts:
" None
< sees us." Yes; the gods distinctly see them; and
so does the spirit within their breasts.
86. The guardian deities of the firmament, of the
6
• earth,
1
PRIVATE AND CRİMİNAL.
235
6
earth, of the waters, of the human heart, of the CHAP.
moon, of the sun, and of fire, of punishment after
VIII.
' death, of the winds, of night, of both twilights,
' and of justice, perfectly know the state of all spirits
• clothed with bodies.
87. In the forenoon let the judge, being purified,
'severally call on the twice-born, being purified also,
to declare the truth, in the presence of some image,
6
a symbol of the divinity, and of Bráhmens, while the
• witnesses turn their faces either to the north or to
the east.
6
6
6
88. To a Bráhmen he must begin with saying,
"Declare;" to a Cshatriya, with saying,
"Declare
the truth;" to a Vaisya, with comparing perjury to
the crime of stealing kine, grain, or gold; to a
Súdra, with comparing it in some or all of the follow-
ing sentences, to every crime that men can commit.
89.
"WHATEVER places of torture, have been pre-
pared for the slayer of a priest, for the murderer
'of a woman or of a child, for the injurer of a
'friend, and for an ungrateful man, those places are
،
6
' ordained for a witness who gives false evidence.
90. "
"The fruit of every virtuous act, which thou
hast done, O good man,
part from thee to dogs,
6 from the truth.
since thy birth, shall de-
if thou deviate in speech
91.
"O friend to virtue, that supreme spirit, which
'thou believest one and the same with thyself, re-.
í
2H 2
• sides
236
ON JUDICATURE; AND ON LAW,
6
CHAP. sides in thy bosom perpetually, and is an all-know-
ing inspector of thy goodness or of thy wickedness.
VIII.
6
6
6
6
6
6
92." If thou beest not at variance, by speaking
falsely, with YAMA, or the subduer of all: with VAI-
VASWATA, or the punisher, with that great divinity
'who dwells in thy breast, go not on a pilgrimage
to the river Gangà, nor to the plains of CURU, for
• thou hast no need of expiation.
93."Naked and shorn, tormented with hunger and
thirst, and deprived of sight, shall the man,
man, who
gives false evidence, go with a potsherd to beg
food at the door of his enemy.
94.
"Headlong, in utter darkness, shall the impious
' wretch tumble into hell, who, being interrogated in
a judicial inquiry, answers one question falsely.
95." He, who in a court of justice gives an imper-
'fect account of any transaction, or asserts a fact of
which he was no eye-witness, shall receive pain
instead of pleasure, and resemble a man, who eats
'fish with eagerness and swallows the sharp bones.
6
6
6
€
96. "The gods are acquainted with no better mor-
tal in this world, than the man, of whom the intel-
ligent spirit, which pervades his body, has no dis-
trust, when he prepares to give evidence.
<
97. "Hear, honest man, from a just enumeration
' in order, how many kinsmen, in evidence of dif
'ferent sorts, a false witness kills, or incurs the guilt
6
of killing :
98." He
PRIVATE AND CRIMINAL.
237
VIII.
98." He kills five by false testimony concerning CHAP.
'cattle in general; he kills ten by false testimony
concerning kine; he kills a hundred by false evi-
'dence concerning horses; and a thousand by false
' evidence concerning the human race: ¿
6
6
C
6
6
6
6
66
99.
By speaking falsely in a cause concerning
gold, he kills the born and the unborn; by speak-
ing falsely concerning land, he kills every thing ani-
mated: beware then of speaking falsely in a cause
concerning land!
100. "The sages have held false evidence concern-
ing water, and the possession or enjoyment of wo-
men, equal to false evidence concerning land; and
it is equally criminal in causes concerning pearls
and other precious things formed in water, and con-
cerning all things made of stone.
101." Marking well all the murders which are com-
'prehended in the crime of perjury, declare thou the
'whole truth with precision, as it was heard, and as
¿ it was seen by thee."
6
6
6
6
6
6
C
102. Bráhmens, who tend herds of cattle, who
trade, who practise mechanical arts, who profess
dancing and singing, who are hired servants or
usurers, let the judge exhort and examine as if they
were Súdras.
103. In some cases, a giver of false evidence from
6
a pious motive, even though he know the truth, shall
• not lose a seat in heaven: such evidence wise men
6
call the speech of the gods.
104. Whenever
238
ON JUDICATURE; AND ON LAW,
VIII.
<
6
CHAP. 104. Whenever the death of a man, who had not
'been a grievous offender, either of the servile, the
'commercial, the military, or the sacerdotal class,
would be occasioned by true evidence, from the known
rigour of the king, even though the fault arose from
' inadvertence or errour, falsehood may be spoken: it
is even preferable to truth.
<
6
៩
105. Such witnesses must offer, as oblations to
SARASWATI', cakes of rice and milk addressed to the
goddess of speech; and thus will they fully expiate
that venial sin of benevolent falsehood:
106. Or such a witness may pour clarified butter
' into the holy fire, according to the sacred rule,
'hallowing it with the texts called cúshmándá, or with
'those which relate to VARUNA, beginning with ud;
or with the three texts appropriated to the water-
'gods.
6
6
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107.' A MAN who labours not under illness, yet
comes not to give evidence in cases of loans and
the like, within three fortnights after due summons,
'shall take upon himself the whole debt, and pay a
' tenth part of it as a fine to the king.
6
6
6
108. The witness, who has given evidence, and
to whom, within seven days after, a misfortune hap-
pens from disease, fire, or the death of a kinsman,
'shall be condemned to pay the debt and a fine.
109. IN cases, where no witness can be had, be-
tween two parties opposing each other, the judge
may
PRIVATE AND CRIMINAL.
239
<
6
may acquire a knowledge of the truth by the oath CHAP.
of the parties; or if he cannot otherwise perfectly VIII.
'ascertain it.
6
110. By the seven great Rishis, and by the deities
'themselves, have oaths been taken, for the purpose
of judicial proof; and even VASISHT'HA, being accused
by VISWA'MITRA of murder, took an oath before the
king SUDA'MAN, son of PIYAVANA.
6
C
6
111. Let no man of sense take an oath in vain,
that is, not in a court of justice, on a trifling oc-
'casion; for the man, who takes an oath in vain,
shall be punished in this life and in the next:
6
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6
112. To women, however, at a time of dalliance,
or on a proposal of marriage, in the case of grass
or fruit eaten by a cow, of wood taken for a sacri-
fice, or of a promise made for the preservation of
a Bráhmen, it is no deadly sin to take a light oath.
113. Let the judge cause a priest to swear by his
veracity; a soldier, by his horse, or elephant, and
'his weapons; a merchant, by his kine, grain, and
gold; a mechanick or servile man, by imprecating
6 on his own head, if he speak falsely, all possible
6
"
crimes;
114. ·
Or, on great occasions, let him cause the party
to hold fire, or to dive under water, or severally to
‹ touch the heads of his children and wife:
،
·
115. He, whom the blazing fire burns not, whom
the water soon forces not up, or who meets with no
· speedy
6
240
ON JUDICATURE; AND ON LAW,
CHAP. speedy misfortune, must be held veracious in his
testimony on oath.
VIII.
6
6
6
6
6
116. Of the sage VATSA, whom his younger half-
brother formerly attacked, as the son of a servile
woman, the fire, which pervades the world, burned
not even a hair, by reason of his perfect veracity.
C
117. WHENEVER false evidence has been given in
any suit, the king must reverse the judgment; and
'whatever has been done, must be considered as
' undone.
118. Evidence,
·
Evidence, given from covetousness, from dis-
'traction of mind, from terrour, from friendship, from
lust, from wrath, from ignorance, and from inatten-
tion, must be held invalid.
6
6
119. THE distinctions of punishment for a false wit-
6 ness, from either of those motives, I will propound
fully and in order:
<
120. If he speak falsely through covetousness, he
'shall be fined a thousand panas; if through distrac-
'tion of mind, two hundred and fifty, or the lowest
amercement; if through terrour, two mean amerce-
6 ments; if through friendship, four times the lowest;
6
6
121. If through lust, ten times the lowest amerce-
ment; if through wrath, three times the next, or
'middlemost; if through ignorance, two hundred com-
plete; if through inattention, a hundred only.
6
122.
Learned men
men have specified these punish-
'ments,
PRIVATE AND CRIMINAL.
241
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VIII.
ments, which were ordained by sage legislators for CHAP.
perjured witnesses, with a view to prevent a failure
of justice and to restrain iniquity.
123. Let a just prince banish men of the three
lower classes, if they give false evidence, having first
levied the fine; but a Bráhmen let him only banish.
124. MENU, son of the Self-existent, has named ten
places of punishment, which are appropriated to the
'three lower classes; but a Bráhmen must depart
'from the realm unhurt in any one of them :
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125. The part of generation, the belly, the tongue,
the two hands, and, fifthly, the two feet, the eye,
'the nose, both ears, the property, and, in a capital
case, the whole body.
6
126. Let the king, having considered and ascer-
tained the frequency of a similar offence, the place
' and time, the ability of the criminal to pay or suffer,
' and the crime itself, cause punishment to fall on those
alone, who deserve it.
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127.
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Unjust punishment destroys reputation during
life, and fame after death; it even obstructs, in the
next life, the path to heaven: unjust punishment,
therefore, let the king by all means avoid.
128. A king, who inflicts punishment on such as
' deserve it nót, and inflicts no punishment on such
as deserve it, brings infamy on himself, while he
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lives, and shall sink, when he dies, to a region of
•
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• torment.
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129. First,
242
ON JUDICATURE; AND ON LAW,
CHAP.
VIII.
6
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129. First, let him punish by gentle admonition;
afterwards, by harsh reproof; thirdly, by deprivation
of property; after that, by corporal pain:
130. But, when even by corporal punishment he
'cannot restrain such offenders, let him apply to them
all the four modes with rigour.
6
6
131. THOSE names of copper, silver, and gold
weights, which are commonly used among men, for
the purpose of worldly business, I will now compre-
hensively explain.
>
132. The very small mote, which may be discerned
' in a sun-beam passing through a lattice, is the least
'visible quantity, and men call it a trasarénu
133. Eight of those trasarénus are supposed equal
in weight to one minute poppy-seed; three of those
· seeds are equal to one black mustard-seed; and
three of those last, to a white mustard-seed:
6
6
1
134. Six white mustard-seeds are equal to a mid-
'dle-sized barley-corn; three such barley-corns to one
'racticà, or seed of the Gunjà; five racticas of gold
are one másha, and sixteen such máshas, one su-
6 verna ;
135. Four suvernas make a pala; ten palas, a dha-
rana; but two racticàs of silver, weighed together,
' are considered as one máshaca;
6
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136. Sixteen of those máshacas are a silver dharana,
or puráná; but a carsha, or eighty racticàs of cop-
per, is called a pana or cárshápana.
6 137. Ten
PRIVATE AND CRIMINAL.
243
VIII.
137. Ten dharanas of silver are known by the name CHAP.
• of a satamána; and the weight of four suvernas has
also the appellation of a nishca.
138. Now two hundred and fifty panas are de-
'clared to be the first or lowest amercement; five
• hundred of them are considered as the mean and
a thousand, as the highest.
✔
.
139. A DEBT being admitted by the defendant, he
'must pay five in the hundred, as a fine to the king;
but, if it be denied and proved, twice as much:
this law was enacted by MENU.
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6
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140. ' A LENDER of money may take, in addition
may-take,
to his capital, the interest allowed by VASISHT'HA,
that is, an eightieth part of a hundred, or one and a
quarter, by the month, if he have a pledge;
·
141. Or, if he have no pledge, he may take two
' in the hundred by the month, remembering the duty
' of good men: for, by thus taking two in the hun-
dred, he becomes not a sinner for gain.
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142. He may thus take in proportion to the risk,
and in the direct order of the classes, two in the
hundred from a priest, three from a soldier, four
from a merchant, and five from a mechanick or servile
man, but never more, as interest by the month.
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143. If he take a beneficial pledge, or a pledge
to be used for his profit, he must have no other in-
'terest on the loan; nor, after a great length of
6
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212
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time,
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244
ON JUDICATURE; AND ON LAW,
CHAP.
VIII.
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6
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time, or when the profits have amounted to the debt,
can he give or sell such a pledge, though he may
assign it in pledge to another.
144. A pledge to be kept only must not be used
by force, that is, against consent: the pawnee so
using it must give up his whole interest, or must
satisfy the pawner, if it be spoiled or worn out, by
paying him the original price of it; otherwise, he
• commits a theft of the pawn.
145. Neither a pledge without limit, nor a de-
limit, nor
posit, are lost to the owner by lapse of time: they
are both recoverable, though they have long re-
'mained with the bailee.
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6
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146. A milch cow, a camel, a riding-horse, a bull
other beast, which has been sent to be tamed for
labour, and other things used with friendly assent,
are not lost by length of time to the owner.
147. 6
In general, whatever chattel the owner sees
enjoyed by others for ten years, while, though pre-
sent, he says nothing,
says nothing, that chattel he shall not
recover:
6
148. If he be neither an idiot, nor an infant under
'the full age of fifteen years, and if the chattel be
adversely possessed in a place where he may see
it, his property in it is extinct by law, and the
' adverse possessor shall keep it.
6
149. A pledge, a boundary of land, the
property
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of an infant, a deposit either open or in a chest
6
sealed,
·
PRIVATE AND CRIMINAL.
245
'sealed, female slaves, the wealth of a king, and CHAP.
´
6
of a learned Bráhmen, are not lost in consequence
of adverse enjoyment.
150. The fool, who secretly uses a pledge without,
though not against, the assent of the owner, shall give
up half of his interest, as a compensation for such
6 use.
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151. INTEREST on money, received at once, not
'month by month, or day by day, as it ought, must
never be more than enough to double the debt, that
is, more than the amount of the principal paid at the
same time: on grain, on fruit, on wool or hair, on
'beasts of burden, lent to be paid in the same kind of
equal value, it must not be more than enough to
'
6
• make the debt quintuple.
6
152. Stipulated interest beyond the legal rate, and
'different from the preceding rule, is invalid; and the
'wise call it an usurious way of lending the lender
is entitled at most to five in the hundred.
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:
153. Let no lender for a month, or for two or
three months, at a certain interest, receive such inte-
rest beyond the year; nor any interest, which is
unapproved; nor interest upon interest by previous
agreement; nor monthly interest exceeding in time
'the amount of the principal; nor interest exacted
' from a debtor, as the price of the risk, when there
is no publick danger or distress; nor immoderate
profits from a pledge to be used by way of interest.
154. He,
·
VIII.
•
A
246
ON JUDICATURE; AND ON LAW,
CHAP.
VIII.
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154.' He, who cannot pay the debt at the fixed
time, and wishes to renew the contract, may renew
it in writing, with the creditor's assent, if he pay
⚫ the interest then due;
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all
155. But if, by some unavoidable accident, he can-
not pay
the whole interest, he may insert as prin-
cipal in the renewed contract so much of the inte-
rest accrued as he ought to pay.
156. A lender at interest on the risk of safe car-
riage, who has agreed on the place and time, shall
not receive such interest, if by accident the goods
are not carried to the place, or within the time:
6
157. Whatever interest, or price of the risk, shall
' be settled between the parties, by men well acquainted
6 ' with sea-voyages or journies by land, with times
and with places, such interest shall have legal force.
C
158. THE man, who becomes surety for the appear-
ance of a debtor in this world, and produces him
' not, shall pay the debt out of his own property;
6
6
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6
159. But money, due by a surety, or idly promised
to musicians and actresses, or lost at play, or due
for spirituous liquors, or what remains unpaid of a
fine or toll, the son of the surety or debtor shall not
in general be obliged to pay:
C
160. Such is the rule in cases of a surety for ap-
pearance or good behaviour; but, if a surety for pay-
'ment should die, the judge may compel even his
heirs to discharge the debt.
161. On
•
PRIVATE AND CŘÍMINAL.
247
6
VIII.
161. On what account then is it, that, after the CHAP.
death of a surety other than for payment, the cre-
'ditor may in one case demand the debt of the heir,
6
all the affairs of the deceased being known and
proved?
162. If the surety had received money from the
debtor, and had enough to pay the debt, the son
' of him, who so received it, shall discharge the debt
out of his inherited property: this is a sacred ordi-
6 nance.
6
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163. A contract made by a person intoxicated or
insane, or grievously disordered, or wholly depen-
dent, by an infant or a decrepit old man, or in the
name of another by a person without authority, is
utterly null.
164. That plaint can have no effect, though it may
'be supported by evidence, which contains a cause
of action inconsistent with positive law or with set-
<tled usage.
<
165. When the judge discovers a fraudulent pledge
or sale, a fraudulent gift and acceptance, or in what-
ever other case he detects fraud, let him annul the
• whole transaction.
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6
166. If the debtor be dead, and if the money bor-
rowed was expended for the
'must be paid by that family,
out of their own estate.
use of his family, it
divided or undivided,
167. Should even a slave make a contract in the
<
6 name
248
j
ON JUDICATURE; AND ON LAW,
6
CHAP. name of his absent master for the behoof of the
VIII.
6
6
6
family, that master, whether in his own country or
abroad, shall not rescind it.
168. What is given by force to a man who cannot
accept it legally, what is by force enjoyed, by force
'caused to be written, and all other things done by
'force or against free consent, MENU has pronounced
• void.
169. Three are troubled by means of others, name-
ly, witnesses, sureties, and inspectors of causes, and
four collect wealth slowly, with benefit to others, a
· Bráhmen, a money-lender, a merchant, and a king.
170. Let no king, how indigent soever, take any
thing which ought not to be taken; nor let him,
'how wealthy soever, decline taking that which he
ought to take, be it ever so small:
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171. By taking what ought not to be taken, and
by refusing what ought to be received, the king be-
trays his own weakness, and is lost both in this
world and in the next;
172. But by taking his due, by administering jus-
tice, and by protecting the weak, the king augments
his own force, and is exalted in the next world and
in this.
173. Therefore, let the king, like YAMA, resigning
what may be pleasing or unpleasing to himself, live
by the strict rules of YAMA, his anger being repress-
ed, and his organs kept in subjection.
174. That
PRIVATE AND CRIMINAL.
249
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174.
• That evil-minded king, who, through infatua- CHAP.
tion, decides causes with injustice, his enemies, VIII.
through the disaffection of his people, quickly reduce
'to a state of dependence;
6
6
175. But him, who subduing both lust and wrath,
examines causes with justice, his people naturally
seek, as rivers the ocean.
176. THE debtor, who complains before the king,
that his creditor has recovered the debt by his own
legal act, as before-mentioned, shall be compelled by
the king to pay a quarter of the sum as a fine, and
'the creditor shall be left in possession of his own.
6
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177. Even by personal labour shall the debtor pay
'what is adjudged, if he be of the same class with
the creditor, or of a lower; but a debtor of a higher
'class must pay it according to his income by little?
6 and little.
6
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178. By this system of rules let the king decide,
with equal justice, all disputes between men oppo-
'sing each other, having ascertained the truth by
evidence or the oaths of the parties.
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179. A SENSIBLE man should make a deposit with
some person of high birth, and of good morals, well
'acquainted with law, habitually veracious, having a
large family, wealthy and venerable.
6
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180. Whatever thing, and in whatever manner, a
person shall deposit in the hands of another, the
same thing, and in the same manner, ought to be
2 K
received
250
ON JUDICATURE; AND ON LAW,
CHAP. 6 received back by the owner as the delivery was,
so must be the receipt.
VIII.
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6
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·
181. He, who restores not to the depositor, on his
request, what has been deposited, may first be tried
by the judge in the following manner, the depositor
' himself being absent.
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C
182. On failure of witnesses, let the judge actually
deposit gold, or precious things, with the defendant,
by the artful contrivance of spies, who have passed
the age of childhood, and whose persons are en-
gaging:
183. Should the defendant restore that deposit in
'the manner and shape, in which it was bailed by the
spies, there is nothing in his hands, for which others
can justly accuse him;
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184. But if he restore not the gold, or precious
things, as he ought, to those emissaries, let him be
apprehended and compelled to pay the value of both
deposits this is a settled rule.
<
185. A deposit, whether sealed up or not, should
never be redelivered, while the depositor is alive, to
his heir apparent or presumptive: both sorts of de-
'posits, indeed, are extinct, or cannot be demanded by
the heir, if the depositor die, in that case; but not,
unless he die, for, should the heir apparent keep them,
the depositor himself may sue the bailee :
186. C
But, if a depositary by his own free act shall
'deliver a deposit to the heir of a deceased bailor,
he
PRIVATE AND CRIMINAL.
251
'
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6
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6
6
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he must not be harassed with claims of a similar CHAP.
kind, either by the king, or by that heir:
<
187. And, if similar claims be made, the king must
decide the questions after friendly admonition, with-
out having recourse to artifice; for, the honest dis-
position of the man being proved, the judge must
proceed with mildness.
188.
Such is the mode of ascertaining the right
in all these cases of a deposit: in the case of a
deposit sealed up, the bailee shall incur no censure
on the redelivery, unless he have altered the seal or..
taken out something.
189. If a deposit be seized by thieves, or destroy ed
by vermine, or washed away by water, or consumed
by fire, the bailee shall not be obliged to make it
' good, unless he took part of it for himself.
190. The defendant, who denies a deposit, and the
plaintiff, who asserts it, let the king try by all sorts
' of expedients, and by the modes of ordeal pre-
scribed in the Véda.
6
191. He who restores not a thing really deposited,
' and he, who demands what he never bailed, shall both,
6
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for a second offence, be punished as thieves, if gold,
pearls, or the like be demanded; or, in the case of a
trifling demand, shall pay a fine equal to the value
of the thing claimed:
192. For the first offence, the king should compel
2 K 2
6
a frau-
VIII.
*
252
ON JUDICATURE; AND ON LAW,
CHAP.
VIII.
6
6
a fraudulent depositary, without any distinction be-
tween a deposit under seal or open, to pay a fine
equal to its value.
193. That man, who, by false pretences, gets into
'his hands the goods of another, shall, together with
his accomplices, be punished by various degrees of
whipping or mutilation, or even by death.
6
194. Regularly, a deposit should be produced, the
same in kind and quantity as it was bailed, by the
same and to the same person, by whom and from
'whom it was received, and before the same com-
6
6
6
pany, who were witnesses to the deposit: he who pro-
duces it in a different manner, ought to be fined;
<
195. But a thing, privately deposited, should be
"privately restored by and to the person, by and
'from whom it was received: as the bailment was,
'so should be the delivery, according to a rule in the
• Véda.
196. Thus let the king decide causes concerning
' a deposit, or a friendly loan for use, without show-
ing rigour to the depositary.
6
6
197. · HIM, who sells the property of another man,
without the assent of the owner, the judge shall
'not admit as a competent witness, but shall treat
6
as a thief, who pretends that he has committed no
• theft :
·
198.' If, indeed, he be a near kinsman of the
owner,
PRIVATE AND CRIMINAL.
253
<
owner, he shall be fined six hundred panas; but,
if he be neither his kinsman nor a claimant under
but, CHAP.
VIII.
6
him, he commits an offence equal to larceny.
6
199. A gift or sale, thus made by any other than
'the true owner, must, by a settled rule, be con-
sidered, in judicial proceedings, as not made.
<
200. Where occupation for a time shall be proved,
'but no sort of title shall appear, the sale cannot be
supported: title, not occupation, is essential to its
support; and this rule also is fixed.
201. He, who has received a chattel, by purchase
' in open market, before a number of men, justly ac-
quires the absolute property, by having paid the
price of it, if he can produce the vendor;
202. But, if the vendor be not producible, and the
vendee prove the publick sale, the latter must be dis-
missed by the king without punishment; and the
'former owner, who lost the chattel, may take it
'back on paying the vendee half its value.
203. One commodity, mixed with another, shall
< never be sold as unmixed; nor
nor a bad commodity
as good; nor less than agreed on; nor any thing kept
6 at a distance or concealed, lest some defect in it
should be discovered.
<
204. If, after one damsel has been shown, another
be offered to the bridegroom, who had purchased
'leave to marry her from her next kinsman, he may
• become
1
254
ON JUDICATURE; AND ON LAW,
1
CHAP. become the husband of both for the same price:
this law MENU ordained.
VIII.
6
205. The kinsman, who gives a damsel in mar-
'riage, having first openly told her blemishes, whether
she be insane, or disordered with elephantiasis, or
' defiled by connexion with a man, shall suffer no
punishment.
6
6
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6
206. Ir an officiating priest, actually engaged in
a sacrifice, abandon his work, a share only, in pro-
portion to his work done, shall be given to him
by his partners in the business, out of their common
6 pay:
6
6
6
207. But, if he discontinue his work without fraud,
after the time of giving the sacrificial fees, he may
take his full share, and cause what remains to be'
performed by another priest.
C
208. Where, on the performance of solemn rites,
a specifick fee is ordained for each part of them,
'shall he alone, who performs that part, receive the
fee, or shall all the priests take the perquisites
'jointly?
6
6
6
209.
At some holy rites, let the reader of the Ya-
jurvéda take the car, and the Brahmá, or superin-
tending priest, the horse; or, on another occasion,
"let the reader of the Rigveda take the horse, and
the chanter of the Sámavéda receive the carriage, in
which the purchased materials of the sacrifice had
• been brought.
210. A hun-
$
255
PRIVATE AND CRIMINAL.
210. A hundred cows being distributable among six- CHAP.
'teen priests, the four chief, or first set, are entitled VIII.
to near half, or forty-eight; the next four, to half
´of that number; the third set, to a third part of
it; and the fourth set, to a quarter:
6
211. According to this rule, or in proportion to
the work, must allotments of shares be given to men
' here below, who, though in conjunction, perform their
several parts of the business.
6
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212. SHOULD money or goods be given, or promised
as a gift, by one man to another, who asks it for
'some religious act, the gift shall be void, if that
act be not afterwards performed:
6
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6
6
213. If the money be delivered, and the receiver,
through pride or avarice, refuse in that case to re-
turn it, he shall be fined one suverna by the king,
as a punishment for his theft.
6
214. Such, as here declared, is the rule ordained
for withdrawing what has been given: I will, next,
propound the law for non-payment of wages.
215. THAT hired servant or workman, who, not
from any disorder but from indolence, fails to per-
form his work according to his agreement, shall be
'fined eight racticàs, and his wages or hire shall not
· be paid.
6
6
216. But, if he be really ill, and, when restored
to health, shall perform his work according to his
6
original
P
256
ON JUDICATURE; AND ON LAW,
<
CHAP. original bargain, he shall receive his pay even for a
VIII.
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very long time :
<
217. Yet, whether he be sick or well, if the work
'stipulated be not performed by another for him or by
6
himself, his whole wages are forfeited, though the
' work want but a little of being complete.
218. This is the general rule concerning work un-
'dertaken for wages or hire: next, I will fully declare
'the law concerning such men as break their pro-
'mises.
6
•
219. THE man, among the traders and other inha-
bitants of a town or district, who breaks a promise
'through avarice, though he had taken an oath to
perform it, let the king banish from his realm:
6
220. › Or, according to circumstances, let the judge,
having arrested the promise-breaker, condemn him
'to pay six nishcas, or four suvernas, or one satamána
' of silver, or all three if he deserve such a fine.
6
221. Among all citizens, and in all classes, let a
just king observe this rule for imposing fines on men,
• who shall break their engagements.
6
222. A MAN, who has bought or sold any thing in
'this world, that has a fixed price, and is not perish-
6
6
6
able, as land or metals, and wishes to rescind the
contract, may give or take back such a thing within
ten days;
223. But, after ten days, he shall neither give nor
6
.
• take
PRIVATE AND CRIMINAL.
257
P
،
take it back the giver or the taker, except by con- CHAP.
'sent, shall be fined by the king six hundred panas.
224. 6
The king himself shall take a fine of ninety-
"six panas from him, who gives a blemished girl in
marriage for a reward, without avowing her blemish;
6
225. But the man, who, through malignity, says
of a damsel, that she is no virgin, shall be fined a
hundred panas, if he cannot prove her defilement.
226. The holy nuptial texts are applied solely to
'virgins, and no where on earth to girls, who have lost
'their virginity; since those women
since those women are in general
6
'excluded from legal ceremonies :
6
227. The nuptial texts are a certain rule in regard
'to wedlock, and the bridal contract is known by
the learned to be complete and irrevocable on the
'seventh step of the married pair, hand in hand, after
"those texts have been pronounced.
228. 6
By this law, in all business whatever here
'below, must the judge confine, within the path of
' rectitude, a person inclined to rescind his contract of
6
6
6
sale and purchase.
6
229. I Now will decide exactly, according to prin-
ciples of law, the contests usually arising from the
'fault of such as own herds of cattle, and of such
as are hired to keep them.
230. By day the blame falls on the herdsman; by
night on the owner, if the cattle be fed and kept in
2 L
• his
VIII.
258
ON JUDICATURE; AND ON LAW,
CHAP.
VIII.
'his own house; but, if the place of their food and
custody be different, the keeper incurs the blame.
(
<
·
231. That hired servant, whose wages are paid
'with milk, may, with the assent of the owner, milk
the best cow out of ten: such are the wages of
herdsmen, unless they be paid in a different mode.
232. The herdsman himself shall make good the
'loss of a beast, which through his want of due care
has strayed, has been destroyed by reptiles, or kil-
'led by dogs, or has died by falling into a pit;
233. But he shall not be compelled to make it
good, when robbers have carried it away, if, after
fresh proclamation and pursuit, he give notice to his
'master in a proper place and season.
6
6
234. When cattle die, let him carry to his master
'their ears, their hides, their tails, the skin below
their navels, their. tendons, and the liquor exuding
'from their foreheads: let him also point out their
• limbs.
6
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235. A flock of goats or of sheep being attacked
by wolves, and the keeper not going to repel the
attack, he shall be responsible for every one of
'them, which a wolf shall violently kill;
6
236. But, if any one of them, while they graze
together near a wood, and the shepherd keeps them
in order, shall be suddenly killed by a wolf spring-
'ing on it, he shall not in that case be responsible.
237. On
6
PRIVATE AND CRIMINAL.
259
237. On all sides of a village or small town, let CHAP.
' a space be left for pasture, in breadth either four
hundred cubits, or three casts of a large stick; and
'thrice that space round a city or considerable
<
'town:
6
<
238. Within that pasture ground, if cattle do any
damage to grain in a field uninclosed with a hedge,
the king shall not punish the herdsman.
239. Let the owner of the field enclose it with a
hedge of thorny plants, over which a camel could
not look; and let him stop every gap, through
'which a dog or a boar could thrust his head.
6
<
240. Should cattle, attended by a herdsman, do
• mischief near a highway, in an enclosed field or
near the village, he shall be fined a hundred panas;
but against cattle which have no keeper, let the
6
< owner of the field secure it.
፡
241. In other fields, the owner of cattle doing mis-
chief shall be fined one pana and a quarter; but,
in all places, the value of the damaged grain must
be paid: such is the fixed rule concerning a hus-
• bandman.
.
242. For damage by a cow before ten days have
'passed since her calving, by bulls kept for impreg-
nation, and by cattle consecrated to the deity,
'whether attended or unattended, MENU has ordained
، no fine.
6
6
243. If land be injured, by the fault of the farmer
2 L 2
6
• himself,
VIII.
260
ON JUDICATURE; AND ON LAW,
CHAP.
VIII.
<
6
6
6
،
himself, as if he fails to sow it in due time, he shall
be fined ten times as much as the king's share of
the crop, that might otherwise have been raised; but
only five times as much, if it was the fault of his
servants without his knowledge.
244. These rules let a just prince observe in all
cases of transgression by masters, their cattle, and
their herdsmen.
245. If a contest arise between two villages, or
' landholders, concerning a boundary, let the king, or
• his judge ascertain the limits in the month of
Jyaisht' ha, when the landmarks are seen more dis-
'tinctly.
6
246.
When boundaries first are established, let strong
'trees be planted on them, Vatas, Pippalas, Palásas,
Sálmalìs, Sálas or Tálas; or such trees (like the Udum-
bara or Vajradru) as abound in milk;
6
6
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247. Or clustering shrubs, or Vénus of different
sorts, or Samí-trees, and creepers, or Saras, and
clumps of Cubjacas: and mounds of earth should be
'raised on them, so that the landmark may not
easily perish:
6
6
248. Lakes and wells, pools and streams, ought
also to be made on the common limits, and tem-
'ples dedicated to the gods.
249. The persons concerned, reflecting on the per-
petual trespasses committed by men here below
through
6
PRIVATE AND CRIMINAL.
261
6
VIII.
through ignorance of boundaries, should cause other CHAP.
landmarks to be concealed under ground:
6
Large pieces of stone, bones, tails of cows,
250. Large
'bran, ashes, potsherds, dried cow-dung, bricks and
tiles, charcoal, pebbles, and sand,
6
251. 6
And substances of all sorts, which the earth
'corrodes not even in a long time, should be placed
in jars not appearing above ground on the common
boundary.
6
6
6
6
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·
252. By such marks, or by the course of a stream,
and long continued possession, the judge may ascer-
tain the limit between the lands of two parties in
litigation.
6
253. Should there be a doubt, even on the in-
'spection of those marks, recourse must be had, for
'the decision of such a contest, to the declarations
⚫ of witnesses.
6
6
6
6
6
6
6
254.
Those witnesses must be examined concern-
ing the landmarks, in the presence of all the towns-
men or villagers, or of both the contending parties:
255. What the witnesses, thus assembled and in-
terrogated, shall positively declare concerning the
limits, must be recorded in writing, together with
all their names.
256. Let them, putting earth on their heads, wear-
ing chaplets of red flowers and clad in red mantles,
be sworn by the reward of all their several good
C
actions,
262
ON JUDICATURE; AND ON LAW,
<
CHAP. actions, to give correct evidence concerning the metes
and bounds.
VIII.
"
6
257. Veracious witnesses, who give evidence as
the law requires, are absolved from their sins; but
such, as give it unjustly, shall each be fined two
• hundred panas.
6
6
6
258. If there be no witnesses, let four men, who
dwell on all the four sides of the two villages, make
a decision concerning the boundary, being duly pre-
pared, like the witnesses, in the presence of the
king.
<
259. If there be no such neighbours on all sides,
nor any men, whose ancestors had lived there since
the villages were built, nor other inhabitants of
towns, who can give evidence on the limits, the
judge must examine the following men, who inhabit
• the woods;
'
6
<
260. Hunters, fowlers, herdsmen, fishers, diggers
for roots, catchers. of snakes, gleaners, and other
• foresters :
261.
According to their declaration, when they are
duly examined, let the king with precision order
landmarks to be fixed on the boundary line between
the two villages.
<
262. As to the bounds of arable fields, wells or
pools, gardens and houses, the testimony of next
neighbours on every side must be considered as the
'best means of decision :
6
263. Should
PRIVATE AND CRIMINAL.
263
6
263. Should the neighbours say any thing untrue,
'when two men dispute about a landmark, the king
'shall make each of those witnesses pay the middle-
most of the three usual amercements.
6
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6
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6
264. He, who, by means of intimidation, shall pos-
sess himself of a house, a pool, a field, or a garden,
shall be fined five hundred panas; but only two
hundred, if he trespassed through ignorance of the
right.
6
265. If the boundary cannot be otherwise ascer-
tained, let the king, knowing what is just, that is,
without partiality, and consulting the future benefit
' of both parties, make a bound-line between their
lands: this is a settled law.
266. Thus has the rule been propounded for deci-
⚫sions concerning landmarks: I, next, will declare the
law concerning defamatory words.
<
267. A SOLDIER, defaming a priest, shall be fined
6 a hundred panas; a merchant, thus offending, an
hundred and fifty, or two hundred; but, for such
an offence, a mechanick or servile
or servile man shall be
whipped.
6
6
6
268. A priest shall be fined fifty,* if he slander a
'soldier; twenty-five, if a merchant; and twelve, if he
'slander a man of the servile class.
269. For abusing one of the same class, a twice-
born man shall be fined only twelve; but for ribal-
• dry
CHAP.
VIII.
* See Note on Book VIII. verse 268.
264
ON JUDICATURE; AND ON LAW,
CHAP. ‹ dry not to be uttered, even that and every fine shall
· be doubled.
VIII.
6
270. A once-born man, who insults the twice-born
' with gross invectives, ought to have his tongue slit;
6
C
for he sprang from the lowest part of BRAHMA':
271. If he mention their names and classes with
contumely, as if he say "Oh DE'VADATTA, thou
refuse of Bráhmens," an iron style, ten fingers long,
'shall be thrust red hot into his mouth.
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272. Should he, through pride, give instruction to
priests concerning their duty, let the king order
some hot oil to be dropped into his mouth and his
ear.
6
273. He, who falsely denies, through insolence, the
sacred knowledge, the country, the class, or the
corporeal investiture of a man equal in rank, shall
be compelled to pay a fine of two hundred panas.
6
274. If a man call another blind with one eye, or
lame, or defective in any similar way, he shall pay
the small fine of one pana, even though he speak
• truth.
6
6
6
275. He shall be fined a hundred, who defames
his mother, his father, his wife, his brother, his son,
or his preceptor; and he, who gives not his precep-
tor the way.
<
276. For mutual abuse by a priest and a soldier,
this fine must be imposed by a learned king; the
• lowest
PRIVATE AND CRIMINAL.
265
'lowest amercement on the priest, and the middle- CHAP.
'most on the soldier.
6
277. Such exactly, as before-mentioned, must be
'the punishment of a merchant and a mechanick, in
respect of their several classes, except the slitting
' of the tongue this is a fixed rule of punishment.
6
•
278. THUS fully has the law been declared for the
punishment of defamatory speech: I will, next, pro-
'pound the established law concerning assault and
battery.
279. With whatever member a low-born man shall
'assault or hurt a superiour, even that member of
his must be slit, or cut more or less in proportion to
the injury: this is an ordinance of MEnu.
6
<
6
280. He, who raises his hand or a staff against ano-
ther, shall have his hand cut; and he, who kicks
another in wrath, shall have an incision made in his
foot.
281. A man of the lowest class, who shall inso-
lently place himself on the same seat with one of
the highest, shall either be banished with a mark
on his hinder parts, or the king shall cause a gash
'to be made on his buttock :
6
6
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282. Should he spit on him through pride, the
king shall order both his lips to be gashed; should
'he urine on him, his penis; should he break wind
against him, his anus.
283. If he seize the Bráhmen by the locks, or by
• the
2 M
VIII.
266
ON JUDICATURE; AND ON LAW,
VIII.
CHAP. the feet, or by the beard, or by the throat, or by
'the scrotum, let the king without hesitation cause
incisions to be made in his hands.
6
284.' If any man scratch the skin of his equal in
class, or fetch blood from him, he shall be fined a
hundred panas; if he wound a muscle, six nishcas ;
but, if he break a bone, let him be instantly ba-
'nished.
6
6
6
285. ACCORDING to the use and value of all great
trees, must a fine be set for injuring them: this is
6 an established rule.
<
286.' If a blow, attended with much pain, be given
either to human creatures or cattle, the king shall
'inflict on the striker a punishment as heavy as the
presumed suffering.
6.
6
6
6
6
287. In all cases of hurting a limb, wounding, or
fetching blood, the assailant shall pay the expence
of a perfect cure; or, on his failure, both full da-
mages and a fine to the same amount.
288. ·
HE, who injures the goods of another, whe-
'ther acquainted or unacquainted with the owner of
them, shall give satisfaction to the owner, and pay
a fine to the king equal to the damage.
6
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6
6
289. If injury be done to leather or to leathern
bags, or to utensils made of wood or clay, the fine
shall be five times their value.
290. THE wise reckon ten occasions, in regard to
' a carriage
PRIVATE AND CRIMINAL.
267
<
<
VIII.
a carriage, its driver, and its owner, on which the CHAP.
fine is remitted; on other occasions a fine is ordained
by law:
291. The nose-cord or bridle being cut, by some
• accident without negligence, or the yoke being snap-
'ped, on a sudden overturn, or running against any
thing without fault, the axle being broken, or the
• wheel cracked;
<
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6
6
292. On the breaking of the thongs, of the halter,
or of the reins, and when the driver has called aloud
to make way, on these occasions has MENU declared
that no fine shall be set:
293. But, where a carriage has been overturned
by the unskilfulness of the driver, there, in the
6 case of any hurt, the master shall be fined two
• hundred panas.
294. If the driver be skilful, but negligent, the
driver alone shall be fined; and those in the carriage
'shall be fined each a hundred, if the driver be
clearly unskilful.
6
6
6
6
6
6
295. Should a driver, being met in the way by
another carriage or by cattle, kill any animal by his
negligence, a fine shall, without doubt, be imposed
by the following rule:
296. For killing a man, a fine, equal to that for
theft, shall be instantly set; half that amount, for
large brute animals, as for a bull or cow, an ele-
phant, a camel, or a horse;
1
2 M 2
297. For
268
ON JUDICATURE; AND ON LAW,
CHAP.
VIII.
(
6
297. For killing very young cattle, the fine shall
be two hundred panas; and fifty, for elegant qua-
drupeds or beautiful birds, as antelopes, parrots, and
• the like;
•
ass, a goat, or a sheep, the fine
298. For an ass,
• must be five silver máshas; and one másha, for kil-
6
ling a dog or a boar.
299. ' A WIFE, a son, a servant, a pupil, and a
younger whole brother, may be corrected, when they
'commit faults, with a rope or the small shoot of
6
a cane;
300. But on the back part only of their bodies,
and not on a noble part by any means: he who
'strikes them otherwise than by this rule, incurs the
guilt, or shall pay the fine, of a thief.
6
6
6
301. This law of assault and battery has been
completely declared: I proceed to declare the rule
for the settled punishment of theft.
302.IN
302. IN restraining thieves and robbers, let the
king use extreme diligence; since, by restraining
thieves and robbers, his fame and his domain are
' increased.
6
303.
<
Constantly, no doubt, is that king to be ho-
noured, who bestows exemption from fear; since he
performs, as it were,
it were, a perpetual sacrifice, giving
exemption from fear as a constant sacrificial present.
304. A sixth part of the reward for virtuous deeds,
' performed
PRIVATE AND CRIMINAL.
269
'performed by the whole people, belongs to the CHAP.
king, who protects them; but, if he protect them VIII.
not, a sixth part of their iniquity lights on him.
6
6
6
6
6
6
305. Of the reward for what every subject reads
in the Véda, for what he sacrifices, for what he
gives in charity, for what he performs in worship,
the king justly takes a sixth part in consequence
of protection.
6
306. A king, who acts with justice in defending
'all creatures, and slays only those, who ought to
be slain, performs, as it were, each day a sacrifice
' with a hundred thousand gifts;
<
6
307. But a king, who gives no such protection,
yet receives taxes in
taxes in kind or in value, market
'duties and tolls, the small daily presents for his
household, and fines for offences, falls directly on
'his death to a region of horrour.
6
6
6
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6
6
308. That king, who gives no protection, yet takes
a sixth part of the grain as his revenue, wise men
have considered as a prince, who draws to him the
foulness of all his people.
309. Be it known, that a monarch, who pays no
regard to the scriptures, who denies a future state,
who acts with rapacity, who protects not his people,
yet swallows up their possessions, will sink low
indeed after death.
310. WITH great care and by three methods let
· him
1
270
ON JUDICATURE; AND ON LAW,
VIII.
6
CHAP. • him restrain the unjust; by imprisonment, by con-
finement in fetters, and by various kinds of corporal
punishment;
6
6
<
311. Since,
Since, by restraining the bad, and by en-
couraging the good, kings are perpetually made pure,
as the twice-born are purified by sacrificing.
312. A KING, who seeks benefit to his own soul,
'must always forgive parties litigant, children, old
6 men, and sick persons, who inveigh against him:
6
6
313. He, who forgives persons in pain, when they
abuse him, shall on that account be exalted in
heaven; but he, who excuses them not, through the
pride of dominion, shall for that reason sink into
· hell.
•
6
314. The stealer of gold from a priest must run
hastily to the king, with loosened hair, proclaiming
the theft, and adding: "Thus have I sinned ;
punish me."
6
315. He must bear on his shoulder a pestle of stone,
or a club of c'hadira-wood, or a javelin pointed at
both ends, or an iron mace:
316. Whether the king strike him with it, or dis-
'miss him unhurt, the thief is then absolved from
the crime; but the king, if he punish him not, shall
incur the guilt of the thief.
317. The killer of a priest, or destroyer of an
'embryo, casts his guilt on the willing eater of his
provisions;
PRIVATE AND CRIMINAL.
271
}
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
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
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:
6
322. For stealing more than fifty palas, it is enact-
'ed that a hand shall be amputated: for less, the
6
king shall set a fine eleven times as much as the
' value.
323. For
•
272
ON JUDICATURE; AND ON LAW,
CHAP.
VIII.
323. For stealing men of high birth, and women
· above all, and the most precious gems, as diamonds
6
or rubies, the thief deserves capital punishment.
6
324. For stealing large beasts, weapons, or me-
'dicines, let the king inflict adequate punishment,
considering the time and the act.
6
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
6
327. Large canes, baskets of canes, salt of every
kind, earthen pots, clay or ashes,
6
328. Fish, birds, oil, or clarified butter, flesh-meat,
I honey, or any thing, as leather, horn, or ivory, that
came from a beast,
6
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;
6
331. But for corn, pot-herbs, roots, and
6
fruit, un-
• enclosed
PRIVATE AND CRIMINAL.
273
´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,
6
6
6
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
temple.
<
334. With whatever limb a thief commits the of
fence 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
6
6
335. NEITHER a father, nor
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
6
6
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
2 N
337. But
1
274
ON JUDICATURE; AND ON LAW,
CHAP.
VIII.
6
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.
6
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6
6
6
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
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6
·
342. He, who ties the unbound, or looses the
bound, cattle of another, and he, who takes a slave, a
horse, or a a carriage without permission, shall be
punished as for theft.
*
343. A king, who by enforcing these laws restrains
6
men from committing theft, acquires in this world
fame, and, in the next, beatitude.
344. LET not the king, who ardently desires a
6
• seat
2
PRIVATE AND CRIMINAL.
275
6
<
་
seat with INDRA, and wishes for glory, which no- CHAP.
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.
6
347. Neither on account of friendship, nor for the
'sake of great lucre, shall the king dismiss the per-
petrators of violent acts, who spread terrour among
C all creatures.
<
6
6
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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;
<
6
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. 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 pre-
ceptor, or a Bráhmen deeply
a Bráhmen deeply versed in the scrip-
6 ture.
351. By killing an assassin, who attempts to kill,
2 N 2
' whether
VIII.
276
ON JUDICATURE; AND ON LAW,
CHAP.
VIII.
<
6
whether in publick or in private, no crime is com-
mitted by the slayer: fury recoils upon fury.
352.
MEN, who commit overt-acts of adulterous in-
'clinations for the wives of others, let the king
banish from his realm, having punished them with
such bodily marks, as excite aversion;
6
6
6
6
353. Since adultery causes, to the general ruin,
a mixture of classes among men: thence arises viola-
tion of duties; and thence is the root of felicity
quite destroyed.
354. A man before noted for such an offence, who
converses in secret with the wife of another, shall
pay the first of the three usual amercements;
6
355. But a man, not before noted, who thus con-
verses with her for some reasonable cause,
cause, shall
pay no fine; since in him there is no transgression.
356. He, who talks with the wife of another man
at a place of pilgrimage, in a forest or a grove, or
' at the confluence of rivers, incurs the guilt of an
'adulterous inclination :
6
357. To send her flowers or perfumes, to sport
and jest with her, to touch her apparel and orna-
'ments, to sit with her on the same couch, are held
'adulterous acts on his part;
358. To touch a married woman on her breasts or
any
other place, which ought not to be touched, or,
'being
PRIVATE AND CRIMINAL.
277
6
being touched unbecomingly by her, to bear it com- CHAP.
placently, are adulterous acts with mutual assent.
359. A man
A man of the servile class, who commits
'actual adultery with the wife of a priest, ought to
'suffer death; the wives, indeed, of all the four
classes must ever be most especially guarded.
6
360. Mendicants, encomiasts, men prepared for a
'sacrifice, and cooks and other artisans, are not pro-
hibited from speaking to married women.
6
6
6
6
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361. Let no man converse, after he has been for-
،
bidden, with the wives of others: he, who thus con-
verses, after a husband or father has forbidden him,
shall pay a fine of one suverna.
362. These laws relate not to the wives of publick
' dancers or singers, or of such base men, as live by
'intrigues of their wives; men, who either carry
6
women to others, or, lying concealed at home, per-
'mit them to hold a culpable intercourse :
6
}
363. Yet he, who has a private connexion with such
women, or with servant-girls kept by one master, or
'with female anchorets of an heretical religion, shall
'be compelled to pay a small fine.
6
6
"
364. He, who vitiates a damsel without her con-
sent, shall suffer corporal punishment instantly; but
he, who enjoys a willing damsel, shall not be cor-
porally punished, if his class be the same with hers.
365. From a girl, who makes advances to a man
· of
•
VIII.
278
ON JUDICATURE; AND ON LAW,
CHAP.
VIII.
of a high, class, let not the king take the smallest
fine; but her, who first addresses a low man, let him
'constrain to live in her house well guarded.
6
366. A low man, who makes love to a damsel of
high birth, ought to be punished corporally; but he,
' who addresses a maid of equal rank, shall give the
nuptial present and marry her, if her father please.
367. Of the man, who through insolence forcibly
'contaminates a damsel, let the king instantly order
two fingers to be amputated, and condemn him to
pay a fine of six hundred panas:
6
<
368. A man of equal rank, who defiles a consenting
damsel, shall not have his fingers amputated, but
shall pay a fine of two hundred panas, to restrain
' him from a repetition of his offence.
6
‹
6
6
369. A damsel, polluting another damsel, must be
fined two hundred panas, pay the double value of
her nuptial present, and receive ten lashes with a
whip;
370. But a woman, polluting a damsel, shall have
her head instantly shaved, and two of her fingers
chopped off; and shall ride, mounted on an ass,
' through the publick street.
6
(
6
371. SHOULD a wife, proud of her family and the
great qualities of her kinsmen, actually violate the
duty, which she owes to her lord, let the king con-
demn her to be devoured by dogs in a place much
'frequented;
372. ´ And
PRIVATE AND CRIMINAL.
279
6
VIII.
372. And let him place the adulterer on an iron CHAP.
bed well heated, under which the executioners shall
'throw logs continually, till the sinful wretch be
there burned to death.
<
6
6
6
373. Or a man once convicted, and a year after
6
guilty of the same crime, the fine must be doubled;
so it must, if he be connected with the daughter of
an outcast or with a Chándálí woman.
374. A mechanick or servile man, having an adul-
terous connexion with a woman of a twice-born class,
'whether guarded at home or unguarded, shall thus
be punished: if she was unguarded, he shall lose the
'part offending, and his whole substance; if guarded,
' and a priestess, every thing, even his life.
.
6
375. For adultery with a guarded priestess, a mer-
chant shall forfeit all his wealth after imprisonment
for a year ;
a soldier shall be fined a thousand pa-
and be shaved with the urine of an ass:
6 nas,
6
6
6
6
6
6-
6
376. But, if a merchant or soldier commit adul-
tery with a woman of the sacerdotal class, whom
her husband guards not at home, the king shall only
fine the merchant five hundred, and the soldier a
thousand :
377. Both of them, however, if they commit that
offence with a priestess not only guarded but eminent
for good qualities, shall be punished like men of the
servile class, or be burned in a fire of dry grass or
' reeds.
378. A Bráhmen,
280
ON JUDICATURE; AND ON LAW,
>
CHAP.
VIII.
6
378. A Bráhmen, who carnally knows a guarded
woman without her free will, must be fined a thou-
sand panas; but only five hundred if he knew her
6 with her free consent.
6
379. Ignominious tonsure is ordained, instead of
capital punishment, for an adulterer of the priestly
class, where the punishment of other classes may
' extend to loss of life.
6
380. Never shall the king slay a Bráhmen, though
'convicted of all possible crimes: let him banish the
offender from his realm, but with all his property
secure, and his body unhurt :
6
C
381. No greater crime is known on earth than
slaying a Bráhmen; and the king, therefore, must
not even form in his mind an idea of killing a priest.
382. If a merchant
6
converse criminally with a
guarded woman of the military, or a soldier with
one of the mercantile class, they both deserve the
same punishment as in the case of a priestess un-
' guarded:
6
6
6
<
383. But a Bráhmen, who shall commit adultery
'with a guarded woman of those two classes, must
be fined a thousand panas; and, for the like offence
6
6
' with a guarded woman of the servile class, the fine
of a soldier or a merchant shall be also one thou-
• sand.
6
6
384. For adultery with a woman of the military
class, if unguarded, the fine of a merchant is five
6
• hundred;
PRIVATE AND CRIMINAL.
281
< hundred; but a soldier, for the converse of that of- CHAP.
fence, must be shaved with urine, or pay the fine VIII.
just mentioned.
<
C
385. A priest shall pay five hundred panas if he
connect himself criminally with an unguarded woman
' of the military, commercial, or servile class; and a
thousand, for such a connexion with a woman of a vile
• mixed breed.
6
386. THAT king, in whose realm lives no thief, no
'adulterer, no defamer, no man guilty of atrocious
'violence, and no committer of assaults, attains the
'mansion of SACRA.
6
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6
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387. By suppressing those five in his dominion, he
gains royalty paramount over men of the same kingly
rank, and spreads his fame through the world.
388. THE Sacrificer, who forsakes the officiating
priest, and the officiating priest, who abandons the
'sacrificer, each being able to do his work, and guilty
' of no grievous offence, must each be fined a hundred
6
6
6
panas.
6
•
389. A mother, a father, a wife, and a son shall
not be forsaken: he, who forsakes either of them,
unless guilty of a deadly sin, shall pay six hundred
panas as a fine to the king.
390.´ LET not a prince, who seeks the good of his
own soul, hastily and alone pronounce the law, on
' a dispute concerning any legal observance, among
twice-born men in their several orders;
20
A
391.· But
282
ON JUDICATURE; AND ON LAW,
CHAP.
VIII.
6
<
391. But let him, after giving them due honour
according to their merit, and, at first, having soothed
them by mildness, apprise them of their duty with
the assistance of Bráhmens.
392. THE priest, who gives an entertainment to
twenty men of the three first classes, without invit-
ing his next neighbour, and his neighbour next but
one, if both be worthy of an invitation, shall be
'fined one másha of silver.
6
6
6
393. · A Bráhmen of deep learning in the Véda who
invites not another Bráhmen, both learned and vir-
tuous, to an entertainment given on some occasion re-
lating to his wealth, as the marriage of his child,
and the like, shall be made to pay him twice the
' value of the repast, and be fined a másha of gold.
6
(
394. NEITHER a blind man, nor an idiot, nor a
cripple, nor a man full seventy years old, nor one
'who confers great benefits on priests of eminent
learning, shall be compelled by any king to pay
6
6 taxes.
S
395. Let the king always do honour to a learned
theologian, to a man either sick or grieved, to a
little child, to an aged or indigent man, to a man
of exalted birth, and to a man of distinguished
• virtue.
•
6
6
6
396. LET a washerman wash the clothes of his em-
ployers by little and little, or piece by piece, and
"
not hastily, on a smooth board of Sálmalì-wood: let
• him
PRIVATE AND CRIMINAL.
283
VIII.
' him never mix the clothes of one person with the CHAP.
'clothes of another, nor suffer any but the owner to
6 wear them.
6
6
6
397. LET a weaver, who has received ten palas of
cotton-thread, give them back increased to eleven
by the rice-water and the like used in weaving: he,
' who does otherwise, shall pay a fine of twelve panas.
398. As men versed in cases of tolls, and acquaint-
'ed with all marketable commodities, shall establish
the price of saleable things, let the king take a
twentieth part of the profit on sales at that price.
6
6
6
6
399. Of the trader, who, through avarice, exports
'commodities, of which the king justly claims the
'pre-emption, or on which he has laid an embargo,
'let the sovereign confiscate the whole property.
6
6
400. Any seller or buyer, who fraudulently passes
by the toll-office at night or any other improper time,
or who makes a false enumeration of the articles
bought, shall be fined eight times as much as their
' value.
6
:
6
6
401. Let the king establish rules for the sale and
purchase of all marketable things, having duly con-
sidered whence they come, if imported; and, if ex-
ported, whither they must be sent; how long they
' have been kept; what may be gained by them; and
'what has been expended on them.
•
402. Once in five nights, or at the close of every
6
half month, according to the nature of the commo-
202
dities,
284
ON JUDICATURE; AND ON LAW,
6
CHAP. dities, let the king make a regulation for market
prices in the presence of those experienced men :
· VIII.
<
<
403. Let all weights and measures be well ascer-
tained by him; and once in six months let him re-
• examine them.
"
C
6
<
404. The toll at a ferry is one pana for an empty
cart; half a pana, for a man with a load; a quarter,
for a beast used in agriculture, or for a woman;
and an eighth, for an unloaded man.
6
405. Waggons, filled with goods packed up, shall
pay toll in proportion to their value; but for empty
· vessels and bags, and for poor men ill-apparelled,
6
very small toll shall be demanded.
વ
a
406. For a long passage, the freight must be pro-
portioned to places and times; but this must be
'understood of passages up and down rivers at sea
there can be no settled freight.
"
<
407. A woman, who has been two months preg-
nant, a religious beggar, a forester in the third
order, and Bráhmens, who are students in theology,
• shall not be obliged to pay toll for their passage.
6
6
408. Whatever shall be broken in a boat, by the
'fault of the boatmen, shall be made good by those
'men collectively, each paying his portion.
6
·
409. This rule, ordained for such as pass rivers
in boats, relates to the culpable neglect of boat-
men on the water in the case of inevitable acci- •
dent, there can be no damages recovered.
410. THE
PRIVATE AND CRIMINAL.
285
410. THE king should order each man of the mer- CHAP.
'cantile class to practise trade, or money-lending, or
agriculture and attendance on cattle; and each man
6
6
/
' of the servile class to act in the service of the
'twice-born.
411. Both him of the military, and him of the
'commercial class, if distressed for a livelihood, let
some wealthy Bráhmen support, obliging them with-
out harshness to discharge their several duties.
6
6
<
412. · A Bráhmen, who, by his power and through
avarice, shall cause twice-born men, girt with the
sacrificial thread, to perform servile acts, such as
washing his feet, without their consent, shall be fined
by the king six hundred panas ;
413. But a man of the servile class whether
bought or unbought, he may compel to perform
'servile duty; because such a man was created by
the Self-existent for the purpose of serving Bráh-
6 mens :
<
414. A Súdra, though emancipated by his master,
is not released from a state of servitude; for of a
state, which is natural to him, by whom can he be
• divested?
6
415. THERE are servants of seven sorts; one made
captive under a standard or in battle, one main-
tained in consideration of service, one born of a
female slave in the house, one sold, or given, or
• inherited
VIII.
286
ON JUDICATURE.
VIII.
<
CHAP. inherited from ancestors, and one enslaved by way
• of punishment on his inability to pay a large fine.
416. Three persons, a wife, a son, and a slave,
are declared by law to have in general no wealth
exclusively their own: the wealth, which they may
earn, is regularly acquired for the man, to whom they
belong.
6
6
<
417. A Bráhmen may seize without hesitation, if
' he be distressed for a subsistence, the goods of his
6
6
• Súdra-slave; for, as that slave can have no property,
his master may take his goods.
6
(
418. With vigilant care should the king exert him-
'self in compelling merchants and mechanicks to
'perform their respective duties; for, when such men
swerve from their duty, they throw this world into
• confusion.
6
6
6
<
6
6
6
6
6
·
419. Day by day must the king, though engaged
in forensick business, consider the great objects of
publick measures, and inquire into the state of his
carriages, elephants, horses, and cars, his constant
revenues and necessary expences, his mines of pre-
cious metals or gems, and his treasury:
420. Thus, bringing to
to a conclusion all these
weighty affairs, and removing from his realm and
from himself every taint of sin, a king reaches the
supreme path of beatitude.'
CHAP.
CHAP. IX.
On the same; and on the Commercial and Servile Classes.
6
1. I Now will propound the immemorial duties of CHAP
6
man and woman, who must both remain firm in the
IX.
"
legal path, whether united or separated.
2. Day and night must women be held by their
6
<
6
to
protectors in a state of dependence; but in lawful Tin's constr
and innocent recreations, though rather addicted to CBC
them, they may be left at their own disposal.
3. Their fathers protect them in childhood;
'their husbands protect them in youth; their sons
protect them in age: a woman is never fit for in-
dependence.
6
(
<
6
6
6
4.
Reprehensible is the father, who gives not his
daughter in marriage at the proper time; and the
husband, who approaches not his wife in due season;
reprehensible also is the son, who protects not his
mother after the death of her lord.
5. Women must, above all, be restrained from the
• smallest illicit gratification; for, not being thus re-
strained, they bring sorrow on both families:
6. Let husbands consider this as the supreme law
' ordained for all classes; and let them, how weak
6 soever,
288
ON THE SAME; AND ON THE
CHAP. soever, diligently keep their wives under lawful re-
IX.
⚫strictions;
6
C
7. For he who preserves his wife from vice, pre-
serves his offspring from suspicion of bastardy, his
'ancient usages from neglect, his family from disgrace,
himself from anguish, and his duty from violation.
6
8. The husband, after conception by his wife, be-
comes himself an embryo, and is born a second
time here below; for which reason the wife is called
jayá, since by her (jáyaté) he is born again:
<
9. Now the wife brings forth a son endued with
'similar qualities to those of the father; so that,
' with a view to an excellent offspring, he must vi-
gilantly guard his wife.
6
6
C
6
<
10. No man, indeed, can wholly restrain women
by violent measures; but, by these expedients, they
may be restrained:
C
11. Let the husband keep his wife employed in
the collection and expenditure of wealth, in purifi-
'cation and female duty, in the preparation of daily
'food, and the superintendence of household uten-
• sils.
6
6
6
12. By confinement at home, even under affec-
tionate and observant guardians, they are not se-
cure; but those women are truly secure, who are
guarded by their own good inclinations.
13. Drinking spirituous liquor, associating with
6 · evil
COMMERCIAL AND SERVILE CLASSES.
289
6
' evil persons, absence from her husband, rambling CHAP.
' abroad, unseasonable sleep, and dwelling in the
JX.
،
house of another, are six faults which bring infamy
6 on a married woman:
6
14. Such women examine not beauty, nor pay at-
'tention to age; whether their lover be handsome or
ugly, they think it is enough that he is a man, and
pursue their pleasures.
6
6
6
15. Through their passion for men, their mutable
temper, their want of settled affection, and their per-
[ verse nature (let them be guarded in this world
ever so well), they soon become alienated from their
' husbands.
16. Yet should their husbands be diligently care-
ful in guarding them; though they well know the
disposition, with which the lord of creation formed
6 • them:
6
6
C
"
17. MENU allotted to such women a love of their
bed, of their seat, and of ornamn, impure appe-
tites, wrath, weak flexibility, desire of mischief,
' and bad conduct.
6
18. Women have no business with the texts of the
Veda; thus is the law fully settled: having, therefore,
no evidence of law, and no knowledge of expiatory
texts, sinful women must be as foul as falsehood
6
6
6
itself; and this is a fixed rule.
19. To this effect many texts, which may show
2 P
• their
290
1
ON THE SAME; AND ON THE
CHAP. their true disposition, are chanted in the Vedas: hear
now their expiation for sin.
IX.
6
6
6
C
6
6
6
20.
"That pure blood, which my mother defiled
by adulterous desire, frequenting the houses of other
men, and violating her duty to her lord, that blood
may my father purify!" Such is the tenour of the
holy text, which her son, who knows her guilt, must
pronounce for her;
6
21. And this expiation has been declared for every
unbecoming thought, which enters her mind, con-
cerning infidelity to her husband; since that is the
beginning of adultery.
22. Whatever be the qualities of the man, with
'whom a woman is united by lawful marriage, such
qualities even she assumes; like a river united with
• the sea.
6
6
23.
ACSHAMA'LA', a woman of the lowest birth,
being thus united to VASISHT'HA, and SA'RANGI, being
united to MANDAPA'LA, were entitled to very high
'honour:
6
C
24. These, and other females of low birth, have
萨
​' attained eminence in this world by the respective
good qualities of their lords.
6.
6
6
25. Thus has the law, ever pure, been propounded
for the civil conduct of men and women: hear, next,
the laws concerning children, by obedience to which
may happiness be attained in this and the future
life.
C
26. WHEN
COMMERCIAL AND SERVILE CLASSES.
291
6
<
6
26. WHEN good women, united with husbands in CHAP.
expectation of progeny, eminently fortunate and wor-
thy of reverence, irradiate the houses of their lords,
between them and goddesses of abundance there
is no diversity whatever.
27. The production of children, the nurture of
them, when produced, and the daily superintendance
of domestick affairs are peculiar to the wife:
1
28. From the wife alone proceed offspring, good
'household management, solicitous attention, most ex-
quisite caresses, and that heavenly beatitude which
• she obtains for the manes of ancestors, and for the
،
6
• husband himself.
6
·
29. She, who deserts not her lord, but keeps in
subjection to him her heart, her speech, and her
body, shall attain his mansion in heaven, and, by
the virtuous in this world, be called Sádhwì, or good
• and faithful;
•
30. But a wife, by disloyalty to her husband,
'shall incur disgrace in this life, and be born in the
<
next from the womb of a shakal, or be tormented
' with horrible diseases, which punish vice.
6
31. LEARN now that excellent law, universally sa-
lutary, which was declared, concerning issue, by great
' and good sages formerly born.
6
32. They consider the male issue of a woman as
the son of the lord; but, on the subject of that
lord, a difference of opinion is mentioned in the
2 P 2
• Veda ;
IX.
292
W
ON THE SAME; AND ON THE
·
CHAP. Veda; some giving that name to the real procreator
IX.
' of the child, and others applying it to the married
possessor of the woman.
6
6
33. The woman is considered in law as the field,
and the man as the grain: now vegetable bodies are
formed by the united operation of the seed and the
'field.
6
،
6
C
"
<
6
6
C
34. In some cases the prolifick power of the male
is chiefly distinguished; in others, the receptacle of
the female; but, when both are equal in dignity,
the offspring is most highly esteemed:
35. In general, as between the male and female
powers of procreation, the male is held superiour;
since the offspring of all procreant beings is distin-
guished by marks of the male power.
36. Whatever be the quality of seed, scattered in
a field prepared in due season, a plant of the same
quality springs in that field, with peculiar visible
properties,
37. Certainly this earth is called the primeval
womb of many beings; but the seed exhibits not in
' its vegetation any properties of the womb.
6
6
38. On earth here below, even in the same
ploughed field, seeds of many different forms, hav-
ing been sown by husbandmen in the proper season,
vegetate according to their nature:
39. Rice-plants, mature in sixty days, and those,
• which
COMMERCIAL AND SERVILE CLASSES.
293
which require transplantation, mudga, tila, másha, CHAP.
•
6
barley, leaks, and sugar-canes, all spring up ac-
'cording to the seeds.
IX.
6
40. That one plant should be sown, and another
produced, cannot happen: whatever seed may be
sown, even that produces its proper stem.
41. Never must it be sown in another man's field
by him, who has natural good sense, who has been
'well instructed, who knows the Véda and its Angas,
'who desires long life:
6
6
42. They who are acquainted with past times, have
preserved, on this subject, holy strains chanted by
every breeze, declaring, that "seed must not be
sown in the field of another man."
43. As the arrow of that hunter is vain, who
'shoots it into the wound, which another had made
just before in the antelope, thus instantly perishes
"
• the seed, which a man throws into the soil of
C
• another :
6
6
44.
Sages, who know former times, consider this
earth (Prithivi) as the wife of king PRITHU; and
thus they pronounce cultivated land to be the pro-
perty of him, who cut away the wood, or who clear-
ed and tilled it; and the antelope, of the first hun-
'ter, who mortally wounded it.
6
45. 6
Then only is a man perfect, when he consists
of three persons united, his wife, himself, and his
son; and thus
and thus have learned Bráhmens announced
< this
294
ON THE SAME; AND ON THE
لم
CHAP.
IX.
"this maxim: “
"The husband is even one person with
his wife," for all domestick and religious, not for all
civil, purposes.
C
6
- 46. ·
Neither by sale nor desertion can a wife be
' released from her husband: thus we fully acknow-
ledge the law enacted of old by the Lord of crea-
6 tures.
6
6
6
47. Once is the partition of an inheritance made;
once is a damsel given in marriage; and once does
6 a man say "I give :" these three are, by good
6
men, done once for all and irrevocably.
<
48. As with cows, mares, female camels, slave-
girls, milch buffalos, she-goats, and ewes, it is not
the owner of the bull or other father, who owns
the offspring,
offspring, even thus is it with the wives of
• others.
(
49. C
They, who have no property in the field, but,
having grain in their possession, sow it in soil
'owned by another, can receive no advantage what-
ever from the corn, which may be produced:
6
50. Should a bull beget a hundred calves on cows
' not owned by his master, those calves belong
solely to the proprietors of the cows; and the
strength of the bull was wasted:
6
6
'
51. Thus men, who have no marital property in
women, but sow in the fields owned by others,
may raise up fruit to the husbands; but the pro-
creator can have no advantage from it.
52. Unless
COMMERCIAL AND SERVILE CLASSES.
295
IX.
52. Unless there be a special agreement between CHAP.
'the owners of the land and of the seed, the fruit
belongs clearly to the land-owner; for the recepta-
'cle is more important than the seed:
6
<
·
53. But the owners of the seed and of the soil
may be considered in this world as joint owners
of the crop, which they agree, by special compact
' in consideration of the seed, to divide between
• them.
6
6
6
6
54. Whatever man owns a field, if seed, conveyed,
into it by water or wind, should germinate,
the
plant belongs to the land-owner: the mere sower
takes not the fruit.
6
55. Such is the law concerning the offspring of
6 cows, and mares, of female camels, goats, and
sheep, of slave-girls, hens, and milch buffalos, un-
'less there be a special agreement.
C
6
6
56. THUS has the comparative importance of the
soil and the seed been declared to you:
to you: I will
next propound the law concerning women, who have
no issue by their husbands.
57. The wife of an elder brother is considered as
'mother-in-law to the younger; and the wife of the
younger as daughter-in-law to the elder:
"
•
C
58. The elder brother, amorously approaching the
wife of the younger, and the younger, caressing
the wife of the elder, are both degraded, even
though
296
ON THE SAME; AND ON THE
CHAP.
IX.
<
though authorized by the husband or spiritual guide,
'except when such wife has no issue.
<
6
6
:
59. On failure of issue by the husband, if he be
of the servile class, the desired offspring may be
procreated, either by his brother or some other
sapinda, on the wife,
the wife, who has been duly
duly au-
thorized:
60. ' Sprinkled with clarified butter, silent, in the
night, let the kinsman thus appointed beget one
but a second by no means, on the widow or
• childless wife :
6.
6
son,
6
61. Some sages, learned in the laws concerning
women, thinking it possible, that the great object
' of that appointment may not be obtained by the
birth of a single son, are of opinion, that the wife
and appointed kinsman may legally
legally procreate a
• second.
·
62. The first object of the appointment being ob-
'tained according to law, both the brother and the
widow must live together like a father and a
daughter by affinity.
<
6
6
63. Either brother, appointed for this purpose,
who deviates from the strict rule, and acts from
carnal desire, shall be degraded, as having defiled
the bed of his daughter-in-law, or of his father.
6
64. By men of twice-born classes no widow, or
childless wife, must be authorized to conceive by
any other than her lord; for they, who authorize
· her
COMMERCIAL AND SERVILE CLASSES.
297
her to conceive by any other, violate the primeval CHAP.
law.
65. Such a commission to a brother or other near
kinsman is no where mentioned in the nuptial texts
' of the Véda; nor is the marriage of a widow even
named in the laws concerning marriage.
C
66. This practice, fit only for cattle, is repre-
'hended by learned Bráhmens; yet it is declared to
' have been the practice even of men, while VE'NA
had sovereign power:
6
6.
<
67. He, possessing the whole earth, and thence
6
only called the chief of sage monarchs, gave rise to
a confusion of classes, when his intellect became
'weak through lust.
6
C
68. 6
Since his time the virtuous disapprove of that
man, who, through delusion of mind, directs a widow
to receive the caresses of another for the sake of
progeny.
6
69. The damsel, indeed, whose husband shall die
after troth verbally plighted, but before consumma-
tion, his brother shall take in marriage according
6 to this rule :
70. Having espoused her in due form of law, she
being clad in a white robe, and pure in her moral
'conduct, let him approach her once in each proper
season, and until issue be had.
6
no man of sense, who has once given
71. LET no man
2 Q
• his
IX.
298
ON THE SAME; AND ON THE
CHAP.
his daughter to a suitor, give her again to another;
IX. for he, who gives away his daughter, whom he had
'before given, incurs the guilt and fine of speaking
6
6
falsely in a cause concerning mankind.
72. EVEN though a man have married a young
'woman in legal form, yet he may abandon her, if
he find her blemished, afflicted with disease, or pre-
viously deflowered, and given to him with fraud:
6
73. If any man give a faulty damsel in marriage,
'without disclosing her blemish, the husband may
'annul that act of her ill-minded giver.
6
6
6
6
74. SHOULD a man have business abroad, let him
assure a fit maintenance to his wife, and then reside
for a time in a foreign country; since a wife, even
though virtuous, may be tempted to act amiss, if
she be distressed by want of subsistence :
75. While her husband, having settled her main-
'tenance, resides abroad, let her continue firm in
' religious austerities; but, if he leave her no support,
'let her subsist by spinning and other blameless
6 arts.
76. If he live abroad on account of some sacred.
duty, let her wait for him eight years; if on ac-
'count of knowledge or fame, six; if on account of
pleasure, three: after those terms have expired, she
must follow him.
6
6
6
77. For a whole year let a husband
bear with
his wife, who treats him with aversion; but, after
6 a year,
COMMERCIAL AND SERVILE CLASSES.
299
a year, let him deprive her of her separate pro- CHAP.
'perty, and cease to cohabit with her.
6
78. She, who neglects her lord, though addicted
'to gaming, fond of spirituous liquors, or diseased,
6
must be deserted for three months, and deprived
6 of her ornaments and household furniture :
6
“
C
79. But she, who is averse from a mad husband,
or a deadly sinner, or an eunuch, or one without
manly strength, or one afflicted with such maladies
as punish crimes, must neither be deserted nor
stripped of her property.
80. A WIFE, who drinks any spirituous liquors,
'who acts immorally, who shows at red to her lord,
'who is incurably diseased, who is mischievous, who
wastes his property, may at all times be superseded
by another wife.
6
،
6
81. A barren wife may be superseded by another
in the eighth year: she, whose children are all dead,
' in the tenth; she, who brings forth only daughters,
' in the eleventh; she, who speaks unkindly, without
6
6
•
delay';
1
82. But she, who, though afflicted with illness, is
beloved and virtuous, must never be disgraced, though
she may be superseded by another wife with her
own consent.
83. If a wife, legally superseded, shall depart in
'wrath from the house, she must either instantly be
'confined,
2 Q 2
IX.
•
300
ON THE SAME; AND ON THE
CHAP. confined, or abandoned in the presence of the whole
family :
IX.
6
84.' But she, who, having been forbidden, addicts
herself to intoxicating liquor even at jubilees, or
mixes in crowds at theatres, must be fined six rac-
• ticàs of gold.
6
6
85. WHEN twice-born men take wives, both of their
own class and others, the precedence, honour, and
'habitation of those wives, must be settled according
C to the order of their classes:
6
6
86. To all such married men, the wives of the
same class only (not wives of a different class by
any means) must perform the duty of personal at-
tendance, and the daily business relating to acts
· of religion;
6
<
87. For he, who foolishly causes those duties to
'be performed by any other than his wife of the
6
6
6
same class, when she is near at hand, has been im-
memorially considered as a mere Chandála begotten
on a Bráhmenì.
88. To an excellent and handsome youth of the
same class, let every man give his daughter in mar-
riage, according to law; even though she have not
• attained her age of eight years:
6
6
89. But it is better, that the damsel, though mar-
riageable, should stay at home till her death, than
that he should ever give her in marriage to a bride-
groom void of excellent qualities.
<
90. Three
COMMERCIAL AND SERVILE CLASSES.
301
<
"
90. Three years let a damsel wait, though she be CHAP.
marriageable; but, after that term, let her chuse
'for herself a bridegroom of equal rank :
·
91. If, not being given in marriage, she chuse her
bridegroom, neither she,
she, nor
nor the youth chosen,
'commits any offence;
6
92. But a damsel, thus electing her husband, shall
not carry
with her the ornaments, which she re-
'ceived from her father, nor those given by her
mother or brethren: if she carry them away, she
'commits theft.
<
93. He, who takes to wife a damsel of full age,
'shall not give a nuptial present to her father; since
the father lost his dominion over her, by detaining
her at a time, when she might have been a parent.
"
6
6
<
94. A man, aged thirty years, may marry a girl
of twelve, if he find one dear to his heart'; or a man
of twenty-four years, a damsel of eight: but, if he
finish his studentship earlier, and the duties of his
next order would otherwise be impeded, let him
marry immediately.
C
95. A wife, given by the gods, who are named in
'the bridal texts, let the husband receive and support
constantly, if she be virtuous, though he married
'her not from inclination: such conduct will please
the gods.
96. To be mothers, were women created; and to
'be fathers, men; religious rites, therefore are ordained
'in
IX.
302
ON THE SAME; AND ON THE
CHAP. in the Véda to be performed by the husband to-
gether with the wife.
IX.
6
97. IF a nuptial gratuity has actually been given
to a damsel, and he, who gave it, should die before
marriage, the damsel shall be married to his brother,
6 if she consent;
6
،
C
6
6
98. But even a man of the servile class ought
not to receive a gratuity, when he gives his daughter
in marriage; since a father, who takes a fee on that
occasion, tacitly sells his daughter.
6
99. Neither ancients nor moderns, who were good
men, have ever given a damsel in marriage, after
she had been promised to another man;
6
100. Nor, even in former creations, have we heard
the virtuous approve the tacit sale of a daughter for
a price, under the name of a nuptial gratuity.
101..
"Let mutual fidelity continue to death:" this,
in few words, may be considered as the supreme
' law between husband and wife.
6
102. Let a man and woman, united by marriage,
constantly beware, lest, at any time disunited, they
'violate their mutual fidelity.
6
<
6
103. Thus has been declared to
to you the law,
abounding in the purest affection, for the conduct
of man and wife; together with the practice of rais-
ing up offspring to a husband of the servile class on
'failure
COMMERCIAL AND SERVILE CLASSES.
303
·
failure of issue by him begotten: learn now the law CHAP.
' of inheritance.
104. AFTER the death of the father and the mother,
the brothers being assembled, may
assembled, may divide among
'themselves the paternal and maternal estate; but
they have no power over it, while their parents live,
unless the father chuse to distribute it.
6
6
6
6
6
6
105. The eldest brother may take entire possession
of the patrimony; and the others may live under
him, as they lived under their father, unless they chuse
to be separated.
106. 6
By the eldest, at the moment of his birth,
the father, having begotten a son, discharges his
debt to his own progenitors; the eldest son, there-
fore, ought before partition to manage the whole
patrimony:
107. That son
son alone, by
by whose birth he dis-
charges his debt, and through whom he attains im-
mortality, was begotten from a sense of duty: all
the rest are considered by the wise as begotten from
love of pleasure.
108. Let the father alone support his sons; and
'the first-born, his younger brothers; and let them
behave to the eldest, according to law, as children
• should behave to their father.
109. The first-born, if virtuous, exalts the family,
or, if vitious, destroys it: the first-born is in this
' world
IX.
304
ON THE SAME; AND ON THE
CHAP. "world the most respectable; and the good never
treat him with disdain.
IX.
6
6
110. If an elder brother act, as an elder brother
ought, he is to be revered as a mother, as a father;
and, even if he have not the behaviour of a good
' elder brother, he should be respected as a maternal
uncle, or other kinsman.
6
•
6
6
6
6
<
6
<
111. Either let them thus live together, or,
if they
desire separately to perform religious rites, let them
live apart; since religious duties are multiplied in
separate houses, their separation is, therefore, legal
and even laudable.
6
112. The portion deducted for the eldest is a twen-
tieth part of the heritage, with the best of all the
chattels; for the middlemost, half of that, or a for-
tieth; for the
for the youngest, a quarter of it, or an
eightieth.
113. The eldest and youngest respectively take their
I just mentioned portions; and, if there be more than
one between them, each of the intermediate sons
has the mean portion, or the fortieth.
6
6
<
6
<
114. Of all the goods collected let the first-born,
if he be transcendently learned and virtuous, take the
best article, whatever is most excellent in its kind,
and the best of ten cows or the like:
•
115. But among brothers equally skilled in per-
forming their several duties, there is no deduction
of the best in ten, or the most excellent chattel;
<
though
COMMERCIAL AND SERVILE CLASSES.
305
' though some trifle, as a mark of greater veneration, CHAP.
'should be given to the first-born.
C
116. If a deduction be thus made, let equal shares
of the residue be ascertained and received; but, if
'there be no deduction, the shares must be distri-
buted in this manner :
6
<
6
6
6
·
117. Let the eldest have a double share, and the
next-born, a share and a half, if they clearly sur-
pass the rest in virtue and learning; the younger
sons must have each a share: if all be equal in
good qualities, they must all take share and share
· alike.
6
118. To the unmarried daughters by the same mo-
'ther, let their brothers give portions out of their
own allotments respectively, according to the classes
of their several mothers: let each give a fourth part
6
6
6
of his own distinct share; and they, who refuse to
give it, shall be degraded.
119. Let them never divide the value of a single
'goat or sheep, or a single beast with uncloven
hoofs a single goat or sheep remaining after an
6
equal distribution, belongs to the first-born.
120. Should a younger brother, in the manner be-
fore mentioned, have begotten a son on the wife of
•his deceased elder brother, the division must then be
'made equally between that son, who represents the de-
<
ceased, and his natural father: thus is the law
• settled.
2 R
121. The
IX.
306
ON THE SAME; AND ON THE
CHAP.
IX.
<
6
121. The representative is not so far wholly sub-
'stituted by law in the place of the deceased princi-
pal, as to have the portion of an elder son; and the
principal became a father in consequence of the
procreation by his younger brother; the son, there-
fore, is entitled by law to an equal share, but not
to a double portion.
6
6
122. A younger son being born of a first married
wife, after an elder son had been born of a wife
last married, but of a lower class, it may be a doubt
in that case, how the division shall be made:
123. Let the son, born of the elder wife, take one
'most excellent bull deducted from the inheritance;
'the next excellent bulls are for those, who were born
first, but are inferiour on account of their mothers,
'who were married last.
6
6
<
124. A son, indeed, who was first born, and
brought forth by the wife first married, may take,
if learned and virtuous, one bull and fifteen cows;
' and the other sons may then take, each in right of
his several mother: such is the fixed rule. ·
6
125. As between sons, born of wives equal in
their class and without any other distinction, there
can be no seniority in right of the mother; but the
seniority ordained by law, is according to the birth.
126. The right of invoking INDRA by the texts,
'called swabráhmanyá, depends on actual priority of
'birth; and of twins also, if any such be conceived
< among
COMMERCIAL AND SERVILE CLASSES.
307
،
among different wives, the eldest is he, who was CHAP.
'first actually born.
<
6
6
127. HE, who has no son, may appoint his daugh-
ter in this manner to raise up a son for him, saying:
"the male child, who shall be born from her in
' wedlock, shall be mine for the purpose of perform-
Iing my obsequies."
<
128. In this manner DACSHA himself, lord of created
beings, anciently appointed all his fifty daughters to
raise up sons to him for the sake of multiplying his
6 race :
6
6
6
129. He gave ten to DHERMA, thirteen to CASYAPA,
twenty seven to SóмA, king of Bráhmens and medical
plants, after doing honour to them with an affec-
'tionate heart.
<
<
6
6
6
130. THE son of a man is even as himself; and
as the son, such is the daughter thus appointed: how
then, if he have no son, can any inherit his pro-
perty, but a daughter, who is closely united with his
own soul?
6
131. Property, given to the mother on her mar-
riage, is inherited by her unmarried daughter; and
the son of a daughter, appointed in the manner just
mentioned, shall inherit the whole estate of her fa-
ther, who leaves no son by himself begotten:
132. The son, however, of such a daughter, who
'succeeds to all the wealth of her father dying with-
2 R 2
' out
IX.
308
ON THE SAME; AND ON THE
CHAP. ' out a son, must offer two funeral cakes, one to his
' own father, and one to the father of his mother.
IX. 6
<
133. Between a son's son and the son of such a
daughter, there is no difference in law; since their
· father and mother both sprang from the body of the
6 same man :
6
6
€
134. But,
a daughter having been appointed to
produce a son for her father, and a son, begotten by
himself, being afterwards born, the division of the
' heritage must in that case be equal; since there is
no right of primogeniture for a woman.
6
،
6
6
135. Should a daughter, thus appointed to raise
up a son for her father, die by any accident with-
out a son, the husband of that daughter may, with-
out hesitation, possess himself of her property.
6
136. By that male child, whom a daughter thus
appointed, either by an implied intention or a plain
'declaration, shall produce from a husband of an
equal class, the maternal grandfather becomes in
law the father of a son: let that son give' the fu-
neral cake and possess the inheritance.
6
6
6
137. By a son,
a man obtains victory over all
'people; by a son's son, he enjoys immortality; and,
afterwards, by the son of that grandson, he reaches
6 the solar abode.
6
6
138. Since the son (tráyaté) delivers his father
from the hell named put, he was, therefore, called
puttra by BRAHMA' himself:
139. Now
COMMERCIAL AND SERVILE CLASSES.
309
<
6
139. Now between the sons of his son and of his CHAP.
6
daughter thus appointed, there subsists in this world
no difference; for even the son of such a daughter
' delivers him in the next, like the son of his son.
140. Let the son of such a daughter offer the first
'funeral cake to his mother; the second to her fa-
ther; the third, to her paternal grandfather.
<
6
6
<
141. Of the man, to whom a son has been given,
according to a subsequent
a subsequent law, adorned with every
virtue, that son shall take a fifth or sixth part of the
heritage, though brought from a different family.
142. A given son must never claim the family and
< estate of his natural father: the funeral cake follows
6
6
the family and estate; but of him, who has given
away his son, the funeral oblation is extinct.
6
143. THE Son of a wife, not authorized to have
issue by another, and the son begotten, by the
'brother of the husband, on a wife, who has a son
then living, are both unworthy of the heritage; one
being the child of an adulterer, and the other pro-
'duced through mere lust.
<
144. Even the son of a wife duly authorized, not
begotten according to the law already propounded,
is unworthy of the paternal estate; for he was pro-
' created by an outcast:
6
145. But the
But the son legally begotten on a wife, au-
'thorized for the purpose before mentioned, may inhe-
rit in all respects, if he be virtuous and learned, as
' a son
I
IX.
310
ON THE SAME; AND ON THE
།
IX.
CHAP. a son begotten by the husband; since in that case
'the seed and the produce belong of right to the
owner of the field.
<
6
146. He, who keeps the fixed and moveable estate
of his deceased brother, maintains the widow, and
raises up a son to that brother, must give to that
son, at the age of fifteen, the whole of his brother's
• divided property.
6
•
147. Should a wife, even though legally autho-
rized, produce a son by the brother, or any other
sapinda, of her husband, that son, if begotten with
'amorous embraces, and tokens of impure desire, the
sages proclaim base-born and incapable of inheriting.
6
6
148. THIS law, which has preceded, must be un-
‹derstood of a distribution among sons begotten on
< women of the same class: hear now the law con-
cerning sons by several women of different classes.
<
6
6
149, If there be four wives of a Bráhmen in the
• direct order of the classes, and sons are produced
by them all, this is the rule of partition among
• them:
150. The chief servant in husbandry, the bull kept
'for impregnating cows, the riding-horse or carriage,
the ring and other ornaments, and the principal mes-
< suage, shall be deducted from the inheritance and
given to the Bráhmen-son, together with a larger
share by way of pre-eminence.
6
،
151. Let the Bráhmen take three shares of the
' residue;
COMMERCIAL AND SERVILE CLASSES.
311
' residue; the son of the Cshatriyà-wife, two shares;
'the son of the Vaisyà-wife, a share and a half; and
'the son of the Súdrà-wife, may take one share.
6
152. Or, if no deduction be made, let some per-
son learned in the law divide the whole collected
'estate into ten parts, and make a legal distribution
by this following rule:
<
153. Let the son of the Bráhmanì take four parts;
'the son of the Cshatriyà three; let the son of the
Vaisyà have two parts; let the son of the Súdrà
take a single part, if he be virtuous.
•
،
"
154. But whether the Bráhmen have sons, or have
no sons, by wives of the three first classes, no more
than a tenth part must be given to the son of a Sú-
• drà.
155. The son of a Bráhmen, a Cshatriya, or
Vaisya by a woman of the servile class, shall inhe-
rit no part of the estate, unless he be virtuous; nor
jointly with other sons, unless his mother was law-
fully married: whatever his father may give him, let
• that be his own.
C
<
156. All the sons of twice-born men, produced by
' wives of the same class, must divide the heritage
equally, after the younger brothers have given the
'first-born his deducted allotment.
6
6
6
<
157. For a Súdra is ordained a wife of his own
class, and no other all, produced by her, shall have
equal shares, though she have a hundred sons.
158. ' OF
CHAP.
IX.
312
ON THE SAME; AND ON THE
6
CHAP. 158. Of the twelve sons of men, whom MENU,
IX.
6
6
6
6
<
sprung from the Self-existent, has named, six are
kinsmen and heirs; six, not heirs, except to their
own fathers, but kinsmen.
6
159. The son begotten by a man himself in law-
ful wedlock, the son of his wife begotten in the
manner before described, a son given to him, a son
'made or adopted, a son of concealed birth, or whose
real father cannot be known, and a son rejected by
his natural parents, are the six kinsmen and heirs:
6
6
6
6
6
6
160. The son of a young woman unmarried, the
son of a pregnant bride, a son bought, a son by
a twice-married woman, a son self-given, and a son
by a Súdrà, are the six kinsmen, but not heirs to
collaterals.
"
161. Such advantage, as a man would gain, who
'should attempt to pass deep water in a boat made
' of woven reeds, that father obtains, who passes the
gloom of death, leaving only contemptible sons, who
are the eleven, or at least the six, last mentioned.
6
6
162. If the two heirs of one man be the son of
'his own body and a son of his wife by a kinsman,
the former of whom was begotten after his recovery
6
6
from an illness thought incurable, each of the sons,
exclusively of the other, shall succeed to the whole
'estate of his natural father.
163. The son of his own body is the sole heir to
his
COMMERCIAL AND SERVILE CLASSES.
313
'his estate, but, that all evil may be removed, let
• him allow a maintenance to the rest;
6
<
164. And, when the son of the body has taken
an account of the paternal inheritance, let him give
' a sixth part of it to the son of the wife begotten
6
<
.6
by a kinsman, before his father's recovery; or a
fifth part, if that son be eminently virtuous.
6
165. The son of the body, and the son of the wife,
may succeed immediately to the paternal estate in the
manner just mentioned; but the ten other sons can
only succeed in order to the family duties and to
'their share of the inheritance, those last named being
• excluded by any one of the preceding.
6
166.
HIM, whom a man has begotten on his own
'wedded wife, let him know to be the first in rank,
as the son of his body.
6
6
6
167. He, who was begotten, according to law, on
the wife of a man deceased, or impotent, or dis-
ordered, after due authority given to her, is called
the lawful son of the wife.
6
168. He, whom his father, or
father, or mother with her
'husband's assent, gives to another as his son, pro-
vided that the donee have no issue, if the boy be
.6
6
of the same class and affectionately disposed, is
' considered as a son given, the gift being confirmed
by pouring water.
6
•
6
169. He is considered as a son made or adopted,
whom a man takes as his own son, the boy being
2 s
equal
CHAP.
IX.
314
ON THE SAME; AND ON THE
CHAP.
IX.
equal in class, endued with filial virtues, acquainted
'with the merit of performing obsequies to his adopter,
and with the sin of omitting them.
6
•
6
170. In whose mansion soever a male child shall
'be brought forth by a married woman, whose husband
has long been absent, if the real father cannot be
discovered, but if it be probable that he was of an
equal class, that child belongs to the lord of the
unfaithful wife, and is called a son of concealed
6
6
6
6
6
6
birth in his mansion.
171. A boy, whom a man receives
man receives as his own
son, after he has been deserted without just cause
by his parents, or by either of them, if one be
dead, is called a son rejected.
172. A son, whom the daughter of any man pri-
vately brings forth in the house of her father, if she
afterwards marry her lover, is described as a son
begotten on an unmarried girl.
6
173. If a pregnant young woman marry, whether
' her pregnancy be known or unknown, the male child
6
6
<
in her womb belongs to the bridegroom, and is
called a son received with his bride.
174. He is called a son bought, whom a man,
for the sake of having a son to perform his obse-
quies, purchases from his father and mother, whether
the boy be equal or unequal to himself in good
qualities, for in class all adopted sons
sons must be
• equal.
6
6
175. He
COMMERCIAL AND SERVILE CLASSES.
315
<
IX.
175. He, whom a woman, either forsaken by her CHAP
' lord or a widow, conceived by a second husband,
'whom she took by her own desire, though against
6
<
6
6
law, is called the son of a woman twice married:
<
176. If, on her second marriage, she be still a
virgin, or if she left her husband under the age
of puberty and return to him at his full
age, she
must again perform the nuptial ceremony
ceremony either
' with her second, or her young and deserted, hus-
· band.
6
177. He, who has lost his parents, or been aban-
doned by them without just cause, and offers him-
'self to a man as his son, is called a son self-given.
C
6
6
،
6
<
<
178. A son, begotten through lust on a Súdrà by
a man of the priestly class, is even
even as a corpse,
though alive, and is thence called in law a living
corpse:
179.
'But a son, begotten by a man of the servile
class on his female slave, or on the female slave
of his male slave, may take a share of the heritage,
if permitted by the other sons: thus is the law es-
'tablished.
S
180. These eleven sons (the son of the wife, and
the rest as enumerated) are allowed by wise legis-
lators to be substitutes in order for sons of the
body, for the sake of preventing a failure of obse-
• quies;
6
6
181. Though such, as are called sons for that
2 s 2
pur-
6 pose,
316
ON THE SAME; AND ON THE
IX.
CHAP. 6 pose, but were produced from the manhood of others,
belong in truth to the father, from whose man-
hood they severally sprang, and to no other, except
by a just fiction of law.
6
6
182. · IF, among several brothers of the whole
blood, one have a son born, MENU pronounces them
all fathers of a male child by means of that son;
so that, if such nephew would be the heir, the uncles
• have no power to adopt sons:
6
6
6
C
6
183. Thus if, among all the wives of the same
husband, one bring forth a male child, MENU has
declared them all, by means of that son, to be
• mothers of male issue.
6
6.
6
184. 'On failure of the best, and of the next best,
among those twelve sons, let the inferiour in order
take the heritage; but, if there be many of equal
rank, let all be sharers of the estate.
185. Not brothers, nor parents, but sons, if living,
or their male issue, are heirs to the deceased, but
' of him, who leaves no son, nor a wife, nor a
daughter, the father shall take the inheritance;
and, if he leave neither father, nor mother, the bro-
6
6
•thers.
186. To three ancestors must water be given at
their obsequies; for three (the father, his father,
and the paternal grandfather) is the funeral cake
"ordained: the fourth in descent is the giver of obla-
tions to them, and their heir, if they die without
6
← nearer
COMMERCIAL AND SERVILE CLASSES.
317
<
6
nearer descendants; but the fifth has no concern with CHAP.
the gift of the funeral cake.
187. To the nearest sapinda, male or female, after
'him in the third degree, the inheritance next be-
'longs; then, on failure of sapindas and of their issue,
the samánódaca, or distant kinsman, shall
shall be the
6
6
6
6
heir; or the spiritual preceptor, or the pupil, or the
fellow-student, of the deceased:
188. On failure of all those, the lawful heirs are
'such Bráhmens, as have read the three Védas, as
are pure in body and mind, as have subdued their
passions; and they must consequently offer the cake:
thus the rites of obsequies cannot fail.
189. The property of a Bráhmen shall never be
• taken as an escheat by the king; this is a fixed
law: but the wealth of the other classes, on failure
of all heirs, the king may take.
،
6
190. If the widow of a man, who died without a
son, raise up a son to him by one of his kins-
men, let her deliver to that son, at his full age,
'the collected estate of the deceased, whatever it be.
6.
C
191. If two sons, begotten by two successive hus-
bands, who are both dead, contend for their property,
then in the hands of their mother, let each take,
"exclusive of the other, his own father's estate.
<
192. ON the death of the mother, let all the
• uterine brothers and the uterine sisters, if unmarried,
6
1
equally divide the maternal estate: each married
• sister
IX.
1
318
ON THE SAME; AND ON THE
CHAP.
IX.
"sister shall have a fourth part of a brother's allot-
• ment.
6
193. Even to the daughters of those daughters,
' it is fit, that something should be given, from the
assets of their maternal grandmother, on the score
' of natural affection.
6
6
194. WHAT was given before the nuptial fire, what
was given on the bridal procession, what was given
' in token of love, and what was received from a
'brother, a mother, or a father, are considered as the
'six-fold separate property of a married woman:
6
6
<
6
6
<
6
6
6
6
195. What she received after marriage from the
family of her husband, and what her affectionate
lord may have given her, shall be inherited, even
if she die in his life-time, by her children.
C
196. It is ordained, that the property of a woman,
married by the ceremonies called Bráhma, Daiva,
Arsha, Gándharva, or Prájápatya, shall go to her
husband, if she die without issue.
197. But her wealth given on the marriage called
Asura, or on either of the two others, is ordained,
on her death without issue, to become the property
of her father and mother.
198.' If a widow, whose husband had other wives
of different classes, shall have received wealth at
any time as a gift from her father, and shall die
• without
COMMERCIAL AND SERVILE CLASSES.
319
without issue, it shall go to the daughter of the CHAP.
'Bráhmanì-wife, or to the issue of that daughter.
6
199. A woman should never make a hoard from
'the goods of her kindred, which are common to her
' and many; or even from the property of her lord,
without his assent.
<
200. Such ornamental apparel, as
'
women wear
during the lives of their husbands, the heirs of those
husbands shall not divide among themselves: they,
'who divide it among themselves, fall deep into sin.
6
6
6
<
6
201. Eunuchs and outcasts, persons born blind or
deaf, madmen, idiots, the dumb, and such as have
lost the use of a limb, are excluded from a share
of the heritage;
202. But it is just, that the heir, who knows his
duty, should give all of them food and raiment for
life without stint, according to the best of his
'power: he, who gives them nothing, sinks assuredly
to a region of punishment.
6
203. If the eunuch and the rest should at any
time desire to marry, and if the wife of the eunuch
should raise up a son to him by a man legally ap-
pointed, that son and the issue of such, as have
'children, shall be capable of inheriting.
204. After the death of the father, if the eldest
'brother acquire wealth by his own efforts before par-
6
tition, a share of that acquisition shall go to the
6 younger
IX.
320
ON THE SAME; AND ON THE
CHAP.
IX.
younger brothers, if they have made a due progress
• in learning;
6
205. And if all of them, being unlearned, acquire
property before partition by their own labour, there
shall be an equal division of that property without
regard to the first-born; for it was not the wealth
' of their father: this rule is clearly settled.
6
6
·
206. Wealth, however, acquired by learning, be-
longs exclusively to any one of them, who acquired
' it so does any thing given by a friend, received
6
6
6
on account of marriage, or presented as a mark of
respect to a guest.
207. If any one of the brethren has a compe-
'tence from his own occupation, and wants not the
'property of his father, he may debar himself from
his own share, some trifle being given him as a
consideration, to prevent future' strife.
•
<
208. What a brother has acquired by labour or
'skill, without using the patrimony, he shall not give
C up without his assent; for it was gained by his own
6
• exertion:
6
209. And if a son, by his own efforts, recover a
debt or property unjustly detained, which could not
⚫ be recovered before by his father, he shall not, un-
less by his free will, put it into parcenary with his
brethren, since in fact it was acquired by himself.
210. Ir brethren, once divided and living again
'together as parceners, make a second partition, the
• shares
6
COMMERCIAL AND SERVILE CLASSES.
321
'shares must in that case be equal; and the first- CHAP.
‹ born shall have no right of deduction.
211. Should the eldest or youngest of several bro-
thers be deprived of his share by a civil death on
his entrance into the fourth order, or should any one
' of them die, his vested interest in a share shall
not wholly be lost;
<
6
212. But, if he leave neither son, nor wife,
nor
' daughter, nor father, nor mother, his uterine brothers
6
were re-united
6
and sisters, and such brothers as
as were
6
C
' after a separation, shall assemble and divide his
<
share equally.
213. ·
Any eldest brother, who from avarice shall
' defraud his younger brother, shall forfeit the honours
<
of his primogeniture, be deprived of his own share,
and pay a fine to the king.
214. All those brothers, who are addicted to any
vice, lose their title to the inheritance: the first-
'born shall not appropriate it to himself, but shall
give shares to the youngest, if they be not vicious.
215. · If, among undivided brethren living with their
6
6
father, there be a common exertion for common
gain, the father shall never make an unequal di-
'vision among them, when they divide their families.
6
216. A son, born after a division in the lifetime
of his father, shall alone inherit the patrimony, or
'shall have a share of it with the divided brethren,
if they return and unite themselves with him.
2 T
•
217. OF
IX.
322
ON THE SAME; AND ON THE
CHAP.
IX.
6
6
<
6
6
6
6
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217. Or a son, dying childless and leaving no
widow, the father and mother shall take the estate;
and, the mother also being dead, the paternal grand-
father and grandmother shall take the heritage, on
failure of brothers and nephews.
218. When all the debts and wealth have been
6
justly distributed according to law, any property,
that may afterwards be discovered, shall be subject
to a similar distribution.
6
219. Apparel, carriages, or riding-horses, and or-
naments of ordinary value, which any of the heirs
had used by consent before partition, dressed rice,
water in a well or cistern, female slaves, family
'priests, or spiritual counsellors, and pasture ground
for cattle, the wise have declared indivisible, and
still to be used as before.
6
220. Thus have the laws of inheritance, and the
'rule for the conduct of sons (whether the son of
the wife or others) been expounded to you in
6
order learn at present the law concerning games
of chance.
6
221. GAMING, either with inanimate or with ani-
'mated things, let the king exclude wholly from
his realm: both those modes of play cause destruc-
tion to princes.
<
222. Such play with dice and
matches between rams and cocks,
the like,
like, or
or by
amounts to open
• theft;
COMMERCIAL AND SERVILE CLASSES.
323
•
6
6
6
theft; and the king must ever be vigilant in sup- CHAP.
pressing both modes of play:
223. Gaming with lifeless things is known among
men by the name of dyúta; but samáhwaya sig-
nifies a match between living creatures.
6
224. Let the king punish corporally at discretion
both the gamester and the keeper of a gaming-
'house, whether they play with inanimate or ani-
mated things; and men of the servile class, who
wear the string and other marks of the twice-born.
225. 6
Gamesters, publick
publick dancers and singers,
revilers of scripture, open hereticks, men who per-
'form not the duties of their several classes, and
'sellers of spirituous liquor, let him instantly banish
from the town:
<
226. Those wretches, lurking like unseen thieves
' in the dominion of a prince, continually harass his
good subjects with their vitious conduct.
6
6
<
227. Even in a former creation was this vice of
gaming found a great provoker of enmity: let no
'sensible man, therefore, addict himself to play even
for his amusement:
<
228. On the man addicted to it, either privately
or openly, let punishment be inflicted at the dis-
'cretion of the king.
6
6
229. ' A MAN of the military, commercial, or servile
class, who cannot pay a fine, shall discharge the
• debt
2T2
IX.
324
4
ON THE SAME; AND ON THE
CHAP. debt by his labour: a priest shall discharge it by
little and little.
IX.
6
230. For women, children, persons
children, persons of crazy in-
tellect, the old, the poor, and the infirm, the king
'shall order punishment with a small whip, a twig,
6 or a rope.
6
<
6
6
231. THOSE ministers, who are employed in pub-
lick affairs, and, inflamed by the blaze of wealth,
mar the business of any person concerned, let the
king strip of all their property.
232. Such, as forge royal edicts, cause dissentions
among the great ministers, or kill women, priests,
or children, let the king put to death; and such, as
• adhere to his enemies.
6
233. Whatever
Whatever business has at any time been
'transacted conformably to law, let him consider as
finally settled, and refuse to unravel;
6
6
6
6
6
234. But whatever business has been concluded
illegally by his ministers or by a judge, let the
king himself re-examine; and let him fine them each
a thousand panas.
235: The slayer of a priest, a soldier or mer-
'chant drinking arak, or a priest drinking arak, mead,
or rum, he, who steals the gold of a priest, and he,
'who violates the bed of his natural or spiritual
father, are all to be considered respectively as of-
'fenders in the highest degree, except those, whose
'crimes are not fit to be named:
6
236. On
<
COMMERCIAL AND SERVILE CLASSES.
325
6
6
6
6
6
6
236. On such of those four, as have not actually CHAP.
236.‘On
performed an expiation, let the king legally inflict
corporal punishment, together with a fine.
6
237. For violating the paternal bed, let the mark
of a female part be impressed on the forehead with
hot iron; for drinking spirits, a vintner's flag; for
stealing sacred gold, a dog's foot; for murdering
a priest, the figure of a headless corpse:
238. With none to eat with them, with none to
'sacrifice with them, with none to read with them,
' with none to be allied by marriage to them, abject
6
' and excluded from all social duties, let them wander
over this earth:
<
6
239. Branded with indelible marks, they shall be
'deserted by their paternal and maternal relations,
'treated by none with affection, received by none
' with respect: such is the ordinance of MENU.
6
240. Criminals of all the classes, having performed
an expiation, as ordained by law, shall not be marked
' on the forehead, but condemned to pay the highest
fine:
241. For crimes by a priest, who had a good cha-
'racter before his offence, the middle fine shall be set
on him; or, if his crime was premeditated, he shall
be banished from the realm, taking with him his
• effects and his family;
6
242. But men of the other classes, who have com-
'mitted those crimes, though without premeditation,
• shall
IX.
326
ON THE SAME; AND ON THE
CHAP.
'shall be stripped of all their possessions; and, if their
IX. offence was premeditated, shall be corporally, or
even capitally, punished, according to circumstances.
6
6
243. LET no virtuous prince appropriate the wealth
of a criminal in the highest degree; for he, who ap-
propriates it through covetousness, is contaminated
' with the same guilt:
6
244. Having thrown such a fine into the waters,
'let him offer it to VARUNA; or let him bestow it on
some priest of eminent learning in the scriptures :
6
6
C
6
245. Varuna is the lord of punishment; he holds
a rod even over kings; and a priest who has gone
through the whole Veda, is equal to a sovereign of
all the world.
6
246. Where the king abstains from receiving to his
own use the wealth of such offenders, there children
are born in due season and enjoy long lives ;
247. There the grain of husbandmen rises abun-
dantly, as it was respectively sown; there no young-
lings die, nor is one deformed animal born.
6
248. SHOULD a man of the basest class, with pre-
'conceived malice, give pain to Bráhmens, let the
prince corporally punish him by various modes, that
may raise terrour.
C
6
6
249. A king is pronounced equally unjust in re-
leasing the man who deserves punishment, and in
punishing the man who deserves it not: he is just,
'who always inflicts the punishment ordained by law.
250. These
COMMERCIAL AND SERVILE CLASSES.
327
C
IX.
250. These established rules for administering jus- CHAP.
'tice between two litigant parties, have been
have been pro-
'pounded at length under eighteen heads.
251. THUS fully performing all duties required by
law, let a king seek with justice to possess regions
' yet unpossessed, and, when they are in his posses-
sion, let him govern them well.
6
252. His realm being completely arranged and his
'fortresses amply provided, let him ever apply the
most diligent care to eradicate bad men resembling
thorny weeds, as the law directs.
6
<
6
·
253. By protecting such as live virtuously, and by
rooting up such as live wickedly, those kings, whose
hearts are intent on the security of their people,
shall rise to heaven.
254. Of that prince, who takes a revenue, without
restraining rogues, the dominions are thrown into
' disorder, and himself shall be precluded from a
• celestial abode;
6
6
255. But of him, whose realm, by the strength of
his arm, is defended and free from terrour, the do-
'minions continually flourish, like trees duly watered.
6
256: • LET the king, whose emissaries are his eyes,
discern well the two sorts of rogues, the open and
'the concealed,
concealed, who deprive other men of their
• wealth:
257. Open rogues are they, who subsist by cheat-
ing
328
ON THE SAME; AND ON THE
IX.
CHAP. ' ing in various marketable commodities; and con-
'cealed rogues are they, who steal and rob in forests
and the like secret places.
<
258. Receivers of bribes, extorters of money by
threats, debasers of metals, gamesters, fortune-tellers,
imposters, and professors of palmistry;.
259.' Elephant-breakers, and quacks, not performing
'what they engage to perform, pretended artists, and
• subtil harlots;
6
6
6
260. These and the like thorny weeds, overspread-
'ing the world, let the king discover with a quick
sight, and others, who act ill in secret ; worthless
men, yet bearing the outward signs of the worthy.
6
"
261.. Having detected them, by means of trusty
persons disguised, who pretend to have the same oc-
cupation with them, and of spies placed in several
stations, let him bring them by artifice into his
6 power;
262. Then, having fully proclaimed their respective
'criminal acts, let the king inflict punishment legally,
according to the crimes proved;
6
·
263. Since, without certain punishment, it is im-
possible to restrain the delinquency of scoundrels
with depraved souls, who secretly prowl over this
• earth.
6
'
264. Much-frequented places, cisterns of water,
'bake-houses, the lodgings of harlots, taverns and
<
victualling
COMMERCIAL AND SERVILE CLASSES.
329
6
victualling-shops, squares where four ways meet, large CHAP.
well known trees, assemblies, and publick spectacles;
265. Old court-yards, thickets, the houses of artists,
empty mansions, groves, and gardens;
<
266. These and the like places let the king guard,
for the prevention of robberies, with soldiers, both
stationary and patroling, as well as with secret
• watchmen.
6
6
6
<
6
،
267. By the means of able spies, once thieves, but
reformed, who, well knowing the various machina-
tions of rogues, associate with them and follow
them, let the king detect and draw them forth:
6
268. On pretexts of dainty food and gratifications,
or of seeing some wise priest, who could ensure their
success, or on pretence of mock battles and the like
feats of strength, let the spies procure an assembly
of those men.
269. Such as refuse to go forth on those occa-
sions, deterred by former punishments, which the
king had inflicted, let him seize by force, and put to
death, on proof of their guilt, with their friends and
'kinsmen, paternal and maternal, if proved to be
'their confederates.
6
•
270. Let not a just prince kill a man convicted
of simple theft, unless taken with the mainer or
with implements of robbery; but any thief, taken
with the mainer, or with such implements, let him
'destroy without hesitation;
C
2 U
271. And
IX.
330
ON THE SAME; AND ON THE
CHAP.
IX.
271.' And let them slay all those, who give robbers
'food in towns, or supply them with implements, or
'afford them shelter.
6
6
!
272. Should those men, who were appointed to
guard any districts, or those of the vicinity, who
were employed for that purpose, be neutral in at-
tacks by robbers and inactive in seizing them, let
him instantly punish them as thieves.
273. Him, who lives apparently by the rules of
his class, but really departs from those rules, let
'the king severely punish by fine, as a wretch, who
'violates his duty.
6
6
C
274. They, who give no assistance on the plun-
dering of a town, on the forcible breaking of a dike,
or on seeing a robbery on the highway, shall be
• banished with their cattle and utensils.
<
6
6
6
6
275. Men, who rob the king's treasure, or obsti-
nately oppose his commands, let him destroy by
' various modes of just punishment; and those, who
encourage his enemies.
276.' Of robbers, who
and commit theft in the
break a wall or partition,
night, let the prince order
'the hands to be lopped off, and themselves to be
'fixed on a sharp stake.
<
6
6
277. Two fingers of a cutpurse, the thumb and the
index, let him cause to be amputated on his first
conviction; on the second, one hand and one foot;
on the third, he shall suffer death.
278. Such
COMMERCIAL AND SERVILE CLASSES.
331
IX.
278. Such, as give thieves fire, such as give them CHAP.
food, such as give them arms and apartments, and
'such as knowingly receive a thing stolen, let the
<
C
king punish as he would punish a thief.
279. The breaker of a dam to secure a pool, let
him punish by long immersion under water, or by
keen corporal suffering; or the offender shall repair
it, but must pay the highest mulct.
T
280. Those, who break open the treasury, or the
arsenal, or the temple of a deity, and those, who
carry off royal elephants, horses, or cars, let him
⚫ without hesitation destroy.
6
281. He, who shall take away the water of añ an-
cient pool, or shall obstruct a water-course, must
'be condemned to pay the lowest usual amercement.
،
6
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،
<
་
<
282. HE, who shall drop his ordure on the king's
highway, except in case of necessity, shall pay two
panas and immediately remove the filth;
man,
283. But a person in urgent necessity, a very old
a pregnant woman, and a child, only deserve
réproof, and shall clean the place themselves: that
is a settled rule.
284. ALL physicians and surgeons acting unskilfully
in their several professions, must pay for injury to
brute animals the lowest, but for injury to human
creatures the middle, amercement.
285. THE breaker of a foot-bridge, of a publick
<
2 u 2
6
• flag,
332
ON THE SAME; AND ON THE
CHAP.
6
IX.
!
6
flag, of a palisade, and of idols made of clay, shall
repair what he has broken, and pay a mulct of five
• hundred panas.
6
"
6
286. FOR mixing impure with
impure with pure commodities,
for piercing fine gems, as diamonds or rubies, and
for boring pearls or inferiour gems improperly, the
fine is the lowest of the three; but damages must
always be paid.
287. THE man, who shall deal unjustly with pur-
chasers at a fair price by delivering goods of less va-
lue, or shall sell at a high price goods of ordinary
value, shall pay, according to circumstances, the low-
'est or the middle amercement.
6
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6
288. LET the king place all prisons' near a publick
road, where offenders may be seen wretched or dis-
figured.
289.
HIM, who breaks down a publick wall, him, who
fills up a publick ditch, him, who throws down a
publick gate, the king shall speedily banish.
290. FOR all sacrifices to destroy innocent men,
'the punishment is a fine of two hundred panas; and
for machinations with poisonous roots, and for the
various charms and witcheries intended to kill, by
persons not effecting their purpose.
6
6
291. THE seller of bad grain for good, or of good
seed placed at the top of the bag, to conceal the
bad below, and the destroyer of known land-marks, -
must
COMMERCIAL AND SERVILE CLASSES.
333
F
must suffer such corporal punishment as will dis- CHAP.
<
figure them;
'
6
6
6
6
292. But the most pernicious of all deceivers is
a goldsmith, who commits frauds:
who commits frauds: the king shall
order him to be cut peacemeal with razors.
293. FOR Stealing implements of husbandry, wea-
pons, and prepared medicines, let the king award
punishment according to the time and according to
their use.
<
294. THE king, and his council, his metropolis,
his realm, his treasure, and his army, together with
his ally, are the seven members of his kingdom;
whence it is called Septánga :
C
295. Among those seven members of a kingdom,
'let him consider the ruin of the first, and so forth
6
<
in order, as the greatest calamity;
6
296. Yet, in a seven-parted kingdom here below,
'there is no supremacy among the several parts,
from any pre-eminence in useful qualities: but all
the parts must reciprocally support each other, like
the three staves of a holy mendicant :
6
6
6
"
297. In these and those acts, indeed, this and
that member may be distinguished; and the mem-
ber by which any affair is transacted, has the pre-
eminence in that particular affair.
6
298. WHEN the king employs emissaries, when he
exerts power, when he regulates publick business,
"let
IX.
1
334
ON THE SAME; AND ON THE
CHAP. let him invariably know both his own strength and
that of his enemy,
IX.
299. With all their several distresses and vices:
'let him then begin his operations, having maturely
'considered the greater and less importance of par-
•ticular acts:
6
6
6
300. Let him, though frequently disappointed, re-
new his operations, how fatigued soever, again and
again; since fortune always attends the man, who,
having begun well, strenuously renews his efforts.
301. ALL the ages, called Satya, Trétá, Dwápara,
and Cali, depend on the conduct of the king; who
' is declared in turn to represent each of those
6 ages:
6
6
302. Sleeping,
Sleeping, he is the Cali age; waking, the
Dwápara; exerting himself in action, the Trétá
living virtuously, the Satya.
303. Of INDRA, of SU'RYA, of PAVANA, of YAMA, of
• VARUNA, of CHANDRA, of AGNI, and of PRIT' HIVì, let
•
the king emulate the power and attributes.
<
304. AS INDRA sheds plentiful showers during the
'four rainy months, thus. let him, acting like the
' regent of clouds, rain just gratifications over his
kingdom:
<
305. AS SURYA with strong rays draws up
up the
'water during eight months, thus let him, perform-
ing the function of the sun, gradually draw from
his realm the legal revenue:
306. • As
COMMERCIAL AND SERVILE CLASSES.
335
C
306. AS PAVANA, when he moves, pervades all CHAP.
creatures, thus let him, imitating the regent of IX.
'wind, pervade all places by his concealed emis-
'saries :
<
307. AS YAMA, at the appointed time, punishes
friends and foes, or those who revere, and those who
'contemn, him, thus let the king, resembling the
judge of departed spirits, punish offending subjects:
6
6
6
6
308. AS VARUNA most assuredly binds the guilty
in fatal cords, thus let him, representing the genius
of water, keep offenders in close confinement :
309. When the people are no less delighted on
seeing the king, than on seeing the full moon, he
appears in the character of CHANDRA :
6
310. Against criminals let him ever be ardent in
'wrath, let him be splendid in glory, let him con-
sume wicked ministers, thus emulating the functions
of AGNI, regent of fire.
C
•
6
311. AS PRIT'HIVì supports all creatures equally,
thus a king, sustaining all subjects, resembles in
his office the goddess of earth.
312..
Engaged in these duties and in others, with
'continual activity, let the king, above all things
6
"
• restrain robbers, both in his own territories and in
those of other princes, from which they come, or in
which they seek refuge.
313. LET him not, although in the greatest distress
"for
336
ON THE SAME; AND ON THE
CHAP.
IX.
<
for money, provoke Bráhmens to anger by taking
'their property; for they, once enraged, could imme-
diately by sacrifices and imprecations destroy him with
his troops, elephants, horses and cars.
6
6
"
314. Who, without perishing, could provoke those
holy men, by whom, that is, by whose ancestors,
under BRAHMA', the all-devouring fire was created,
the sea with waters not drinkable, and the moon
with its wane and increase?
315. What prince could gain wealth by oppress-
ing those, who, if angry, could frame other worlds
' and regents of worlds, could give being to new gods
' and mortals?
<
<
316. What man,
desirous of life, would injure
'those, by the aid of whom, that is, by whose obla-
tions, worlds and gods perpetually subsist; those,
'who are rich in the learning of the Véda?
6
6
<
6
317. A Bráhmen, whether learned or ignorant, is
a powerful divinity; even as fire is a powerful di-
vinity, whether consecrated or popular.
318. Even in places for burning the dead, the
bright fire is undefiled; and, when presented with
' clarified butter at subsequent sacrifices, blazes again
'with extreme splendour:
6
6
319. Thus, although Bráhmens employ themselves in
all sorts of mean occupation, they must invariably
⚫ be honoured; for they are something transcendently
• divine.
<
320. Of
1
COMMERCIAL AND SERVILE CLASSES.
337
IX.
320. Of a military man, who raises his arm vio- CHAP.
lently on all occasions against the priestly class, the
priest himself shall be the chastiser; since the
'soldier originally proceeded from the Bráhmen.
321. From the waters arose fire; from the priest,
the soldier; from stone, iron their all-penetrating
'force is ineffectual in the place, whence they re-
spectively sprang.
6
<
322. The military class cannot prosper without the
sacerdotal, nor can the sacerdotal be raised with-
out the military: both classes, by cordial union, are
'exalted in this world and in the next.
<
•
"
6
323. SHOULD the king be
king be near his end through
some incurable disease, he must bestow on the priests
all his riches accumulated from legal fines; and,
having duly committed his kingdom to his son, let
< him seek death in battle, or, if there be no war,
<
6
•
<
by abstaining from food.
324. Thus conducting himself, and ever firm in
discharging his royal duties, let the king employ all
his ministers in acts beneficial to his people.
·
325. These rules for the conduct of a military
man having been propounded, let mankind next hear
the rules for the commercial and servile classes in
• due order.
6
326. LET the Vaisya, having been girt with his
proper sacrificial thread, and having married an
2 x
6
equal
:
1
338
ON THE SAME; AND ON THE
CHAP.
IX.
' equal wife, be always attentive to his business of
agriculture and trade, and to that of keeping cattle;
6
327. Since the Lord of created beings, having
'formed herds, and flocks, intrusted them to the care
' of the Vaisya, while he intrusted the whole human
species to the Bráhmen and the Cshatriya:
6
<
328. Never must a Vaisya be disposed to say,
"I keep no cattle;" nor, he being willing to keep
them, must they by any means be kept by men of
6 another class.
6
6
329. Of gems, pearls, and coral, of iron, of wo-
ven cloth, of perfumes and of liquids, let him well
'know the prices both high and low:
C
6
330. Let him be skilled likewise in the time and
manner of sowing seeds, and in the bad or good
qualities of land; let him also perfectly know the
correct modes of measuring and weighing,
331. The excellence or
or defects of commodities,
'the advantages and disadvantages of different re-
gions, the probable gain or loss on vendible goods,
and the means of breeding cattle with large aug-
'mentation:
6
•
C
6
332. Let him know the just wages of servants,
the various dialects of men, the best way of keep-
ing goods, and whatever else belongs to purchase
and sale.
6
333. Let him apply the most vigilant care to
C
augment
COMMERCIAL AND SERVILE CLASSES.
339
IX.
augment his wealth by performing his duty; and, CHAP.
'with great solicitude, let him give nourishment to
• all sentient creatures.
334. 6 SERVILE attendance on Bráhmens learned in
'the Véda, chiefly on such as keep house and are
famed for virtue, is of itself the highest duty of a
<
Súdra, and leads him to future beatitude.
6
335. Pure in body and mind, humbly serving the
three higher classes, mild in speech, never arrogant,
ever seeking refuge in Bráhmens principally; he may
' attain the most eminent class in another transmigra-
tion.
6
<
336. THIS clear system of duties has been pro-
mulgated for the four classes, when they are not
in distress for subsistence; now learn in order their
'several duties in times of necessity.'
2 x 2
CHAP.
CHAP. X.
On the mixed Classes; and on Times of Distress.
1
CHAP.
X.
1. LET the three twice-born classes, remaining firm
in their several duties, carefully read the Véda; but
6 a Bráhmen must explain it to them, not a man of
the other two classes: this is an established rule.
،
2. The Bráhmen must know the means of sub-
'sistence ordained by law for all the classes, and
'must declare them to the rest: let himself likewise
act in conformity to law.
6
6
<
6
3. From priority of birth, from superiority of ori-
gin, from a more exact knowledge of scripture, and
from a distinction in the sacrificial thread, the Bráh-
men is the lord of all classes.
6
4. The three twice-born classes are the sacerdotal,
'the military, and the commercial; but the fourth, or
'servile, is once-born, that is, has no second birth
6
6
،
6
6
from the gáyatrí, and wears no thread: nor is there
a fifth pure class.
5. In all classes they, and they only, who are
born, in a direct order, of wives equal in class and
virgins at the time of marriage, are to be considered
as the same in class with their fathers:
6. Sons, begotten by twice-born men, on women
6 · of
ON THE MIXED CLASSES.
341
6
6
X.
' of the class next immediately below them, wise le- CHAP.
gislators call similar, not the same, in class with their
parents, because they are degraded, to a middle rank
between both, by the lowness of their mothers: they
are named in order, Múrdhábhishicta, Máhishya, and
Carana, or Cáyast'ha; and their several employments
are teaching military exercises; musick, astronomy, and
keeping herds; and attendance on princes.
6
6
6
6
6
6
6
6
6
"
6
7. Such is the primeval rule for the sons of wo-
men one degree lower than their husbands: for the
sons of women two or three degrees lower, let this
rule of law be known.
6
8. From a Bráhmen, on a wife of the Vaisya-
class, is born a son called Ambashť'ha, or Vaid-
ya, on a Súdrà-wife a Nisháda, named also Pára-
sava :
9. From a Cshatriya, on a wife of the Súdra-class,
springs a creature, called Ugra, with a nature partly
warlike and partly servile, ferocious in his manners,
' cruel in his acts.
6
6
6
10. The sons of a Bráhmen by women of three
lower classes, of a Cshatriya by women of two, and
of a Vaisya by one lower class, are called Apasa-
dáh, or degraded below their fathers.
11. From a Cshatriya, by a Bráhmenì-wife, springs
a Súta by birth; from a Vaisya, by a military or
sacerdotal wife, spring a Mágadha and a Vaidéha.
6
12. From a Súdra, on women of the commercial,
military,
6
342
ON THE MIXED CLASSES; AND
CHAP. 6 military, and priestly classes, are born sons of a
X.
6
6
6
6
mixed breed, called A'yógava, Cshattri, and Chan-
dála, the lowest of mortals.
C
13. As the Ambashť'ha and Ugra, born in a di-
rect order, with one class between those of their
parents, are considered in law, so are the Cshattri,
' and the Vaidéha, born in an inverse order with one
'intermediate class; and all four may be touched with-
• out impurity.
6
6
<
14. Those sons of the twice-born, who are begot-
ten on women without an interval (Antara) between
'the classes mentioned in order, the wise call Anan-
· taras, giving them a distinct name from the lower
degree of their mothers.
6
،
6
15. From a Bráhmen, by a girl of the Ugra-tribe,
is born an Avrita; by one of the Ambast' ha-tribe,
an Abhira; by one of the A'yógava-tribe, a Dhig-
6 vana.
16. • The Ayogava, the Cshattri, and the Chandála,
'the lowest of men, spring from a Súdra in an in-
verse order of the classes, and are therefore, all three
'excluded from the performance of obsequies to their
' ancestors:
6
17. From a Vaisya the Mágadha and Vaidéha,
'from a Cshatriya the Súta only, are born in an in-
6
verse order; and they are three other sons excluded
6
from funeral rites to their fathers.
18. The son of a Nisháda by a woman of the
• Súdra-
1
ON TIMES OF DISTRESS.
343
"
6
6
Súdra-class, is by tribe a Puccasa; but the son of CHAP.
a Súdra by a Nishádì-woman, is named Cuccutaca.
19. 6
One, born of a Cshattri by an Ugrá, is called
Swapáca; and one, begotten by a Vaidéha on an
Ambashthì-wife, is called Véna.
20. Those, whom the twice-born beget on women
' of equal classes, but who perform not the proper
ceremonies of assuming the thread, and the like,
'people denominate Vrátyas, or excluded from the
gáyatrì.
6
6
6
21. From such an outcast Bráhmen springs a son
of a sinful nature, who in different countries is
named a Bhúrjacantaca, an Avantya, a Vátadhána,
a Pushpadha and a Saic'ha:
22. From such an outcast Cshatriya comes a son
C
called a J'halla, a Malla, a Nich'hivi, a Nata, a
Carana, a C'hasa, and a Dravira:
23. From such an outcast Vaisya is born a son
'called Sudhanwan, Chárya, Cárusha, Vijanman, Mai-
6
<
6
6
tra, and Sátwata.
24. By intermixtures of the classes, by their mar-
riages with women who ought not to be married,
and by their omission of prescribed duties, impure
classes have been formed.
25. THOSE men of mingled births, who were born
in the inverse order of classes, and who intermarry
among themselves, I will now compendiously de-
• scribe.
X.
1
<
26. The
344
ON THE MIXED CLASSES; AND
CHAP. 26. The Súta, the Vaideha, and the Chandála,
'that lowest of mortals, the Mágadha, the Cshattri
' by tribe, and the Ayógava.
X.
27. These six beget similar sons on women of
'their own classes, or on women of the same class
' with their mothers; and they produce the like from
women of the two highest classes, and of the low-
• est :
6
6
28. As
'As a twice-born son may
spring from a
• Bráhmen by women of two classes out of three, a
similar son, when there is no interval, and an equal
son from a woman of his own class, it is thus in
'the case of the low tribes in order.
•
6
6
29. Those six beget, on women of their own tribes,
reciprocally, very many despicable and abject races
even more foul than their begetters.'
<
30. Even as a Súdra begets, on a Bráhmenì-wo-
6 man, a son more vile than himself, thus any other
'low man begets, on women of the four classes, a
son yet lower.
6
6
6
31. The six low classes, marrying inversely, beget
fifteen yet lower tribes, the base producing still
baser; and in a direct order they produce fifteen more.
32. A Dasyu, or outcast of any pure class, begets
on an A'yógavi-woman a Sairindhra, who should
know how to attend and to dress his master; though
'not a slave, he must live by slavish work, and
may
ON TIMES OF DISTRESS.
345
6
may also gain subsistence by catching wild beasts CHAP.
' in toils:
6
<
<
33. A Vaidéha begets on her a sweet-voiced Mai-
tréyaca, who, ringing a bell at the appearance of
dawn, continually praises great men:
34. A Nisháda begets on her a Márgava, or Dása,
' who subsists by his labour in boats, and is named
Caiverta by those, who dwell in Aryáverta, or the
land of the venerable.
<
35. Those three of a base tribe are severally be-
gotten on Ayogavi-women, who wear the clothes of
the deceased and eat reprehensible food.
36. From a Nisháda springs by a woman of the
• Vaidéha-tribe, a Cárávara, who cuts leather, and
' from a Vaidéha spring by women of the Cárávara
and Nisháda-casts, an Andhra and a Méda, who
< must live without the town.
6
6
6
37. From a Chandála by a Vaidéhì-woman, comes
a Pándusópáca, who works with cane and reeds;
and from a Nisháda, an Ahindica, who acts as a
jailor.
38. From a Chandála, by a Puccasì-woman, is
• born a Sópáca, who lives by punishing criminals
condemned by the king, a sinful wretch ever de-
spised by the virtuous.
<
·
39. A Nishádì-woman, by a Chandála, produces a
son called Antyávasáyin, employed in places for
X.
2 Y
6
• burning
346
ON THE MIXED CLASSES; AND
CHAP. burning the dead, contemned even by the con-
X.
6
6
temptible.
40.
These, among various mixed classes, have been
' described by their several fathers and mothers; and,
⚫ whether concealed or open, they may be known by
'their occupations.
41. ·
Six sons, three begotten on women of the
same class, and three on women
women of lower classes,
'must perform the duties of twice-born men; but
those, who are born in an inverse order, and called
low-born, are equal, in respect of duty, to mere
• Súdras.
6
6
6
<
42. By the force of extreme devotion and of
'exalted fathers, all of them may rise in time to
high birth, as by the reverse they may sink to a
'lower state, in every age among mortals in this in-
'feriour world.
<
43. THE following races of Cshatriyas, by their
'omission of holy rites and by seeing no Bráhmens,
have gradually sunk among men, to the lowest of
the four classes:
C
•
44. Paund'racas, Odras, and Draviras; Cámbójas,
Yavanas, and Sacas; Páradas, Pahlavas, Chínas, Ci-
' rátas, Deradas, and C'hasas ;
"
፡
45. All those tribes of men, who sprang from the
mouth, the arm, the thigh, and the foot of BRAH-
<
MA', but who became outcasts by having neglected
• their
ON TIMES OF DISTRESS.
347
<
6
they speak the language of Mléchch' has, or that of
Aryas.
'their duties, are called Dasyus, or plunderers, whether CHAP.
X.
<
<
46. THOSE Sons of the twice-born, who are said
to be degraded, and who are considered as low-born,
'shall subsist only by such employments, as the twice-
born despise.
6
6
<
6
47. Sútas must live
<
live by managing horses and
by driving cars; Ambasht' has, by curing disorders;
Vaidéhas, by waiting on women; Magadhas, by tra-
velling with merchandize;
}
48. Nishádas, by catching fish; an Ayogava, by
'the work of a carpenter; a Méda, an Andhra, and
(the sons of a Bráhmen by wives of the Vaidéha
and Ugra-classes, respectively called) a Chunchu
and a Madgu, by slaying beasts of the forest;
6
49. A Cshattri, an Ugra, and a Puccasa, by kil-
ling or confining such animals as live in holes :
Dhiguanas, by selling leather; Vénas, by striking
• musical instruments:
50. Near large publick trees, in places for burning
'the dead, on mountains, and in groves, let those
'tribes dwell, generally known, and engaged in their
several works.
6
6
51. THE abode of a Chandála and a Swapáca must
'be out of the town; they must not have the use
' of entire vessels; their sole wealth must be dogs
< and asses:
2 y 2
52. Their
348
ON THE MIXED CLASSES; AND
•
CHAP.
X.
6
6
•
<
52. Their clothes must be the mantles of the de-
ceased; their dishes for food, broken pots; their
ornaments, rusty iron; continually must they roam
from place to place:
6
53. Let no man, who regards his duty religious
• and civil; hold any intercourse with them; let their
'transactions be confined to themselves, and their
marriages only between equals :
6
54. · Let
Let food be given to them in potsherds, but
not by the hands of the giver; and let them not
'walk by night in cities or towns:
6
6
55. By day they may walk about for the purpose
' of work, distinguished by the king's badges; and
they shall carry out the corpse of every one, who
'dies without kindred: such is the fixed rule.
6
6
56. They shall always kill those, who are to be
slain by the sentence of the law, and by the royal
'warrant; and let them take the clothes of the slain,
their beds, and their ornaments.
"
57. HIM, who was born of a sinful mother, and
consequently in a low class, but is not openly known,
'who, though worthless in truth, bears the semblance
of a worthy man, let people discover by his acts:
6
6
58. Want of virtuous dignity, harshness of speech,
cruelty, and habitual neglect of prescribed duties,
betray in this world the son of a criminal mother.
59. Whether a man of debased birth assume the
character
"
ON TIMES OF DISTRESS.
349
'character of his father or of his mother, he can at CHAP.
6
no time conceal his origin:
6
6
60. He, whose family had been exalted, but whose
parents were criminal in marrying, has a base nature,
' according as the offence of his mother was great or
• small.
6
6
،
61. In whatever country such men
men are born, as
destroy the purity of the four classes, that country
soon perishes, together with the natives of it.
62. Desertion of life, without reward, for the sake
of preserving a priest or a cow, a woman or a
child, may cause the beatitude of those base-born
• tribes.
<
6
63. Avoiding all injury to animated beings, veracity,
abstaining from theft, and from unjust seizure of
property, cleanliness, and command over the bodily
organs, form the compendious system of duty, which
· MENU has ordained for the four classes.
6
<
6
64. SHOULD the tribe sprung from a Bráhmen, by
a Súdrà-woman, produce a succession of children by
'the marriages of its women with other Bráhmens,
'the low tribe shall be raised to the highest in the
seventh generation.
6
6
65. As the son of a Súdra may thus attain the
X.
· rank of a Bráhmen, and as the son of a Bráhmen
6
may sink to a level with Súdras, even so
'be with him, who springs from a Cshatriya;
'with him, who was born of a Vaisya.
must it
even so
66. IF
•
350
ON THE MIXED CLASSES; AND
CHAP.
X.
•
66. IF there be a doubt, as to the preference
'between him, who was begotten by a Bráhmen for
his pleasure, but not in wedlock, on a Súdrà-woman,
' and him who was begotten by a Súdra on a Bráhmenì,
6
67. Thus is it removed: he, who was begotten by
an exalted man on a base woman, may by his
good acts become respectable; but he, who was
begotten on an exalted woman by
exalted woman by a base man,
• must himself continue base:
6
6
6
<
6
6
6
<
68. Neither of the two (as the law is fixed) shall
be girt with a sacred string; not the former, be-
cause his mother was low; nor the second, because
the order of the classes was inverted.
<
69. As good grain, springing from good soil, is
in all respects excellent, thus a man, springing from
a respectable father by a respectable mother, has
a claim to the whole institution of the twice-born.
6
70. Some sages give a preference to the grain;
' others to the field; and others consider both field
and grain; on this point the decision follows:
6
6
71. Grain, cast into bad ground, wholly perishes,
and a good field, with no grain sown in it, is a
mere heap of clods;
C
72. But since, by the virtue of eminent fathers,
6 even the sons of wild animals, as Rishyasrĭnga,
6
6
and others, have been transformed into holy men
revered and extolled, the paternal side, therefore,
prevails.
<
73. BRAHMA
ON TIMES OF DISTRESS.
351
73. BRAHMA' himself, having compared a Súdra,
'who performs the duties of the twice-born, with a
who does the acts of a Súdra,
• twice-born man,
6
6
said: "Those two are
"2
neither equal nor unequal,'
that is, they are neither equal in rank, nor unequal
6 in bad conduct.
6
74. · LET such Bráhmens as are intent on the means
of attaining the supreme godhead, and firm in their
own duties, completely perform, in order, the six
'following acts:
6
<
75. Reading the Védas, and teaching others to
read them, sacrificing, and assisting others to sa-
'crifice, giving to the poor, if themselves have enough,
' and accepting gifts from the virtuous if themselves
are poor, are the six prescribed acts of the first-
• born class ;
<
(
76. ‹
But, among those six acts of a Bráhmen,
three are his means of subsistence; assisting to sa-
crifice, teaching the Védas, and receiving gifts from
a pure-handed giver.
6
77. Three acts of duty cease with the Bráhmen,
⚫ and belong not to the Cshatriya; teaching the Védas,
officiating at a sacrifice, and, thirdly, receiving pre-
'sents:
6
78. Those three are also (by the fixed rule of law)
'forbidden to the Vaisya; since MENU, the lord of
'all men, prescribed not those acts to the two classes,
military and commercial..
6
•
79. The
CHAP.
X
352
ON THE MIXED CLASSES; AND
CHAP.
X.
6
6
<
6
6
C
79. The means of subsistence, peculiar to the
Cshatriya, are bearing arms, either held for striking
or missile, to the Vaisya, merchandize, attending on
cattle, and agriculture: but, with a view to the next
life, the duties of both are almsgiving, reading,
sacrificing.
6
80. Among the several occupations for gaining a
livelihood the most commendable respectively for
'the sacerdotal, military, and mercantile classes, are
teaching the Veda, defending the people, and com-
merce or keeping herds and flocks.
6
6
"
81. Yet a Bráhmen, unable to subsist by his duties
'just mentioned, may live by the duty of a soldier ;
for that is the next in rank.
6
82. If it be asked, how he must live, should he
'be unable to get a subsistence by either of those
employments; the answer is, he may subsist as a
'mercantile man, applying himself in person to tillage
• and attendance on cattle:
6
C
<
<
(
83. But a Bráhmen and a Cshatriya, obliged to
subsist by the acts of a Vaisya, must avoid with
care, if they can live by keeping herds, the busi-
ness of tillage, which gives great pain to sentient
'creatures, and is dependant on the labour of others,
as bulls and so forth.
.
•
6
84. Some are of opinion, that agriculture is excel-
lent; but it is a mode of subsistence which the
' benevolent greatly blame; for the iron-mouthed
،
pieces
ON TIMES OF DISTRESS.
353
pieces of wood not only wound the earth, but the CHAP.
'creatures dwelling in it.
·
85. If, through want of a virtuous livelihood, they
'cannot follow laudable occupations, they may then
6
gain a competence of wealth by selling commodities
usually sold by merchants, avoiding what ought to
'be avoided :
C
86. They must avoid selling liquids of all sorts,
'dressed grain, seeds of tila, stones, salt, cattle, and
'human creatures;
6
87. All woven cloth dyed red, cloth made of sana,
' of cshumá-bark, and of wool, even though not red;
fruit, roots, and medicinal plants;
6
<
88. Water, iron, poison, flesh-meat, the moon-
plant, and perfumes of any sort; milk, honey, butter-
milk, clarified butter, oil of tila, wax, sugar, and
• blades of cus'a-grass;
89. All beasts of the forest, as deer and the like;
ravenous beasts, birds, and fish; spirituous liquors,
níli, or indigo, and lácshá, or lac; and all beasts
'with uncloven hoofs.
6
،
6
90. But the Bráhmen-husbandman may at pleasure
sell pure tila-seeds for the purpose of holy rites,
if he keep them not long with a hope of more gain,
• and shall have produced them by his
6
91. If he apply seeds of tila to any
food, anointing, and sacred oblations,
2 z
own culture:
purpose but
he shall be
6
plunged
X.
354
ON THE MIXED CLASSES; AND
CHAP.
6
X.
6
"
6
<
plunged, in the shape of a worm, together with his
parents, into the ordure of dogs.
92. By selling flesh-meat, lácshá, or salt, a Bráh-
men immediately sinks low; by selling milk three
days, he falls to a level with a Súdra;
93. And by selling the other forbidden commo-
'dities with his own free will, he assumes in this
world, after seven nights, the nature of a
a mere
Vaisya.
6
94. Fluid things may, however, be bartered for
other fluids, but not salt for any thing liquid; so
'may dressed grain for grain undressed, and tila-seeds
for grain in the husk, equal weights or measures
being given and taken.
<
6
<
6
6
95. A MILITARY man, in distress, may subsist by
all these means, but at no time must he have re-
course to the highest, or sacerdotal, function.
96. A man of the lowest class, who, through
covetousness, lives by the acts of the highest, let
the king strip of all his wealth and instantly banish :
•
97. His own office, though defectively performed,
' is preferable to that of another, though performed
completely; for he, who without necessity discharges
'the duties of another class, immediately forfeits his
6 own.
6
98.´A MERCANTILE man, unable to subsist by his
own duties, may descend even to the servile acts
• of
ON TIMES OF DISTRESS.
355
<
' of a Súdra, taking care never to do what ought CHAP.
never to be done; but, when he has gained a com-
'petence, let him depart from service.
X.
6
6
99. A MAN of the fourth class, not finding em-
ployment by waiting on the twice-born, while his
' wife and son are tormented with hunger, may
'sist by handicrafts :
6
6
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6
sub-
100. Let him principally follow those mechanical
occupations, as joinery and masonry, or those various
practical arts, as painting and writing, by following
which, he may serve the twice-born.
6
101. SHOULD a Bráhmen, afflicted and pining
through want of food, choose rather to remain
fixed in the path of his own duty, than to adopt
'the practice of Vaisyas, let him act in this manner:
C
6
6
102. The Bráhmen, having fallen into distress,
< may receive gifts from any person whatever; for by
6
no sacred rule can it be shown, that absolute
purity can be sullied.
103. From interpreting the Véda, from officiating
at sacrifices, or from taking presents, though in
'modes generally disapproved, no sin is committed
5 by priests in distress; for they are as pure as fire
' or water.
6
·
104. He, who receives food, when his life could
' not otherwise be sustained, from any man whatever,
' is no more tainted by sin, than the subtil ether by
• mud:
2 z 2
105.
· Ajígarta,
356
ON THE MIXED CLASSES; AND
CHAP.
X.
<
6
6
105.
AJI'GARTA, dying with hunger, was going to
destroy his own son (named SU'NAH-S'E'P'HA) by selling
him for some cattle; yet he was guilty of no crime,
since he only sought a remedy against famishing:
106.
VA'MADE'VA, who well knew right and wrong,
was by no means rendered impure, though desirous,
' when oppressed with hunger, of eating the flesh of
dogs for the preservation of his life:
6
6
6
6
107.
BHARADWA'JA, eminent in devotion, when he
and his son were almost starved in a dreary forest,
accepted several cows from the carpenter VRIDHU :
108. VISWA'MITRA too, than whom none
none better
knew the distinctions between virtue and vice, re-
'solved, when he was perishing with hunger, to eat
'the haunch of a dog, which he had received from
a Chandála.
6
6
6
6
109. Among the acts generally disapproved, namely,
accepting presents from low men, assisting them to
'sacrifice, and explaining the scripture to them, the
receipt of presents is the meanest in this world, and
'the most blamed in a Bráhmen after his present
• life
110. Because assisting to sacrifice and explaining
the scripture are two acts always performed for
those, whose minds have been improved by the
"sacred initiation; but gifts are also received from a
'servile man of the lowest class.
6
111. The
ON TIMES OF DISTRESS.
357
<
111. The guilt, incurred by assisting low men to CHAP.
C
sacrifice and by teaching them the scripture, is re-
'moved by repetitions of the gáyatrì and oblations to
'fire; but that, incurred by accepting gifts from them,
is expiated only by abandoning the gifts and by
' rigorous devotion.
6
112. It were better for a Bráhmen, who could not
⚫ maintain himself, to glean ears and grains after har-
vest from the field of any person whatever: gleaning
'whole ears would be better than accepting a present,
and picking up single grains would be still more
'laudable.
6
6
113..
Bráhmens, who keep house, and are in want
of any metals except gold and silver, or of other arti-
'cles for good uses, may ask the king for them, if he
'be of the military class; but a king, known to be ava-
ricious and unwilling to give, must not be solicited.
6
6
<
6
114. The foremost, in order, of these things may
'be received more innocently than that, which follows
it a field untilled, a tilled field, cows, goats, sheep,
precious metals or gems, new grain, dressed grain.
115. THERE are seven virtuous means of acquiring
property; succession, occupancy
occupancy or donation, and
'purchase or exchange, which are allowed to all
classes; conquest, which is peculiar to the military
class; lending at interest, husbandry or commerce,
which belong to the mercantile class; and acceptance
of presents, by the sacerdotal class, from respectable
6
6
6 men.
·
116. Learning,
X.
358
ON THE MIXED CLASSES; AND
CHAP.
X.
.
6
116. Learning, except that contained in the scrip-
·
tures, art, as mixing perfumes and the like, work for
wages, menial service, attendance on cattle, traffick,
agriculture, content with little, alms, and receiving
'high interest on money, are ten modes of subsis-
tence in times of distress.
6
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6
6
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“
6
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6
6
6
6
6
6
117. Neither a priest nor a military man, though
distressed, must receive interest on loans, but each
of them, if he please, may pay the small interest
permitted by law, on borrowing for some pious use,
to the sinful man, who demands it.
6
6
16
118. A MILITARY king, who takes even a fourth
part of the crops of his realm at a time of urgent
necessity, as of war or invasion, and protects his
people to the utmost of his power, commits no
sin :
<
119. His peculiar duty is conquest, and he must
not recede from battle; so that, while he defends
by his arms the merchant and husbandman, he may
levy the legal tax as the price of protection.
120. The tax on the mercantile class, which in
times of prosperity must be only a twelfth part of
their crops, and a fiftieth of their personal profits,
may be an eighth of their crops in a time of dis-
tress, or a sixth, which is the medium, or even a
fourth in great publick adversity; but a twentieth.
' of their gains on money, and other moveables, is the
highest tax serving men, artisans, and mechanicks
must assist by their labour, but at no time pay taxes.
6
6
121. IF
ON TIMES OF DISTRESS.
359
X.
121. Ir a Súdra want a subsistence and cannot CHAP.
attend a priest, he may serve a Cshatriya; or, if he
'cannot wait on a soldier by birth, he may gain his
livelihood by serving an opulent Vaisya.
6
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6
6
6
6
122. To him, who serves Bráhmens with a view
to a heavenly reward, or even with a view to both
this life and the next, the union of the word Bráh-
men with his name of servant will assuredly bring
success.
6
123. Attendance on Bráhmens is pronounced the
• best work of a Súdra: whatever else he may per-
'form will comparatively avail him nothing.
6
124. 6
They must allot him a fit maintenance ac-
cording to their own circumstances, after considering
his ability, his exertions, and the number of those,
'whom he must provide with nourishment :
6
•
125. < What remains of their dressed rice must be
given to him; and apparel which they have worn,
and the refuse of their grain, and their old house-
6 hold furniture.
•
126.THERE is no guilt in a man of the servile
class who eats leeks and other forbidden vegetables:
• he must not have the sacred investiture: he has no
'business with the duty of making oblations to fire
§ and the like; but there is no prohibition against his
offering dressed grain as a sacrifice, by way of dis-
charging his own duty.
6
6
127. Even Súdras, who are anxious to perform
1
• their
360
ON THE MIXED CLASSES, &c.
CHAP.
X.
<
their entire duty, and, knowing what they should
perform, imitate the practice of good men in the
´household sacraments, but without any holy text, ex-
cept those containing praise and salutation, are SO
far from sinning, that they acquire just applause:
6
128. As a Súdra, without injuring another man,
'performs the lawful acts of the twice-born, even
'thus, without being censured, he gains exaltation in
this world and in the next.
6
129. No superfluous collection of wealth must be
'made by a Súdra, even though he has power to
make it, since a servile man, who has amassed
6
' riches, becomes proud, and, by his insolence or neglect,
gives pain even to Bráhmens.
130. SUCH, as have been fully declared, are the
• several duties of the four classes in distress for sub-
'sistence; and, if they perform them exactly, they
'shall attain the highest beatitude.
6
131. Thus has been propounded the system of
duties, religious and civil, ordained for all classes:
'I next will declare the pure law of expiation for
6 sin.'
CHAP.
CHAP. XI.
On Penance and Expiation.
<
6
1.
6
XI.
HIM, who intends to marry for the sake of CHAP.
having issue; him, who wishes to make a sacrifice;
' him, who travels; him, who has given all his wealth
at a sacred rite; him, who desires to maintain his
preceptor, his father, or his mother ; him, who
' needs a maintenance for himself, when he first reads
the Védas; and him, who is afflicted with illness;
2. These nine Bráhmens let mankind consider as
'virtuous mendicants, called snátacas; and, to relieve
their wants, let gifts of cattle or gold be presented
to them in proportion to their learning :
6
3. To these most excellent Bráhmens must rice
' also be given, with holy presents at oblations to
fire and within the consecrated circle; but the dressed
6
6
6
6
rice, which others are to receive, must be delivered
on the outside of the sacred hearth: gold and the
like may be given any where.
6
4. On such Bráhmens as well know the Véda, let
'the king bestow, as it becomes him, jewels of all
sorts, and the solemn reward for officiating at the
'sacrifice.
5. HE, who has a wife, and, having begged mo-
3 A
6 ney
1
362
ON PENANCE
CHAP.
XI.
ney to defray his nuptial expences, marries another
< woman, shall have no advantage but sensual enjoy-
ment: the offspring belongs to the bestower of the
gift.
6
6
6
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6. LET every man, according to his ability, give
· wealth to Bráhmens detached from the world and
learned in scripture: such a giver shall attain hea-
6 ven after this life.
6
7. He alone is worthy to drink the juice of the
moon-plant, who keeps a provision of grain suf-
'ficient to supply those, whom the law commands
him to nourish, for the term of three years or
6 more;
6
8. But a twice-born man, who keeps a less provi-
'sion of grain, yet presumes to taste the juice of the
moon-plant, shall gather no fruit from that sacra-
ment, even though he taste it at the first, or so-
• lemn, much less at any occasional, ceremony.
6
6
9. HE, who bestows gifts on strangers, with a
'view to worldly fame, while he suffers his family to
live in distress, though he has power to support
them, touches his lips with honey, but swallows poi-
son; such virtue is counterfeit :
·
10.
፡ Even what he does for the sake of his future
spiritual body, to the injury of those, whom he is
'bound to maintain, shall bring him ultimate misery
both in this life and in the next.
6
11. SHOULD a sacrifice, performed by any twice-
• born
AND EXPIATION.
363
XI.
'born sacrificer, and by a Bráhmen especially, be CHAP.
imperfect from the want of some ingredient, during
the reign of a prince, who knows the law,
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6
12. Let him take that article, for the completion
of the sacrifice, from the house of any Vaisya, who
possesses considerable herds, but neither sacrifices,
nor drinks the juice of the moon-plant:
13.
• two
If such a Vaisya be not near, he may take
or three such necessary articles at pleasure
from the house of a Súdra; since a Súdra has no
• business with solemn rites.
6
6
14. • Even from the house of a Bráhmen or a Csha-
triya, who possesses a hundred cows, but has no
'consecrated fire, or a thousand cows, but performs
no sacrifice with the moon-plant, let a priest with-
out scruple take the articles wanted.
6
6
15. • From another Bráhmen, who continually re-
'ceives presents but never gives, let him take such
ingredients of the sacrifice, if not bestowed on re-
quest: so shall his fame be spread abroad, and his
habits of virtue increase.
6
6
·
16. Thus, likewise, may a Bráhmen, who has not
' eaten at the time of six meals, or has fasted three
6
6
6
whole days, take at the time of the seventh meal,
or on the fourth morning, from the man, who behaves
basely by not offering him food, enough to supply
him till the morrow:
<
17. He may take it from the floor, where the grain
3A 2
• is
364
ON PENANCE
CHAP.
XI.
is trodden out of the husk, or from the field, or
'from the house, or from any place whatever; but,
if the owner ask why he takes it, the cause of the
taking must be declared.
6
18. The wealth of a virtuous Bráhmen must at no
⚫ time be seized by a Cshatriya; but, having no other
<
means to complete
to complete a sacrifice, he may take the
goods of any man, who acts wickedly, and of any,
'who performs not his religious duties:
6
C
19. He, who takes property from the bad for the
purpose before-mentioned, and bestows it on the good,
'transforms himself into a boat, and carries both the
good and the bad over a sea of calamities.
20.
Wealth, possessed by men for the performance
of sacrifices, the wise call the property of the
gods; but the wealth of men, who perform no
'sacrifice, they consider as the property of demons.
6
6
<
6
21. Let no pious king fine the man, who takes by
stealth or by force what he wants to make a sa-
crifice perfect; since it is the king's folly, that
causes the hunger or wants of a Bráhmen:
22.
"
Having reckoned up the persons,
persons, whom the
· Bráhmen is obliged to support, having ascertained
' his divine knowledge and moral conduct, let the
6
C
king allow him a suitable.
suitable. maintenance from his
own household;
23.
And, having appointed him a maintenance, let
the king protect him on
him on all sides; for he gains
all
• from
AND EXPIATION.
365
'from the Bráhmen whom he protects, a sixth part CHAP.
of the reward for his virtue.
6
<
6
6
24. LET no Bráhmen ever beg a gift from a Súdra;
for, if he perform a sacrifice after such begging,
he shall, in the next life, be born a Chandála.
25. The Bráhmen who begs any articles for a
sacrifice, and disposes not of them all for that
purpose, shall become a kite or a crow for a hun-
dred years.
26.
Any evil-hearted wretch, who, through cove-
'tousness, shall seize the property of the gods or
' of Bráhmens, shall feed in another world on the
'orts of vultures.
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6
27.
THE sacrifice Vaiswánarí must be constantly
performed on the first day of the new year, or on
the new moon of Chaitra, as an expiation for hav-
ing omitted, through mere forgetfulness, the ap-
pointed sacrifices of cattle and the rites of the
'moon-plant:
6
28. But a twice-born man, who, without necessity,
'does an act allowed only in a case of necessity,
،
6
reaps no fruit from it hereafter: thus has it been
• decided.
6
29. By the Viswédévas, by the Sádhyas, and by
' eminent Rishis of the sacerdotal class, the substitute
6
6
was adopted for the principal act, when they were
apprehensive of dying in times of imminent peril ;
30. But no reward is prepared in a future state
• for
XI.
366
ON PENANCE
<
CHAP.; for that ill-minded man, who, when able to perform
the principal sacrifice, has recourse to the substitute.
XI.
፡
31. A PRIEST, who well knows the law, needs not
'complain to the king of any grievous injury; since,
even by his own power, he may chastise those, who
injure him:
6
6
32. His own power, which depends on himself alone,
is mightier than the royal power, which depends on
other men: by his own might, therefore, may a
• Bráhmen coerce his foes.
•
<
33. He may use, without hesitation, the power-
ful charms revealed to AT'HARVAN, and by him to
ANGIRAS; for speech is the weapon of a Bráhmen:
• with that he may destroy his oppressors.
34. A soldier may avert danger from himself by
'the strength of his arm; a merchant and a me-
'chanick, by their property; but the chief of the
twice-born, by holy texts and oblations to fire.
6
6
35. A priest, who performs his duties, who justly
corrects his children and pupils, who advises expia-
tions for sin, and who loves all animated creatures,
is truly called a Bráhmen: to him let no man say
any thing unpropitious, nor use any offensive lan-
6 guage.
6
36. Let not a girl, nor a young woman married
or unmarried, nor a man with little learning, nor a
dunce, perform an oblation to fire; nor a man dis-
'eased, nor one uninvested with the sacrificial string;
37. Since
·
•
AND EXPIATION.
367
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•
XI.
37. Since any of those persons, who make such CHAP.
an oblation, shall fall into a region of torture, to-
gether with him, who suffers his hearth to be used:
'he alone, who perfectly knows the sacred ordinances,
and has read all the Védas, must officiate at an
oblation to holy fire.
<
6
38. A Bráhmen with abundant wealth, who presents
not the priest, that hallows his fire, with a horse
' consecrated to PRAJAPATI, becomes equal to one
'who has no fire hallowed.
39. Let him, who believes the scripture, and keeps
his organs in subjection, perform all other pious
< acts;
but never in this world let him offer a sa-
'crifice with trifling gifts to the officiating priest:
४
6
•
40. The organs of sense and action, reputation in
this life, a heavenly mansion in the next, life itself,
a great name after death, children and cattle, are
1
' all destroyed by a sacrifice offered with trifling
presents let no man, therefore, sacrifice without
liberal gifts.
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6
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41. THE priest, who keeps a sacred hearth, but
voluntarily neglects the morning and evening obla-
tions to his fires, must perform, in the manner to
be described, the penance chándrayana for one month;
since that neglect is equally sinful with the slaughter
of a son.
6
42. They, who receive property from a Súdra for
the performance of rites to consecrated fire, are con-
• temned,
*
368
ON PENANCE
CHAP.
XI.
6
6
temned, as ministers of the base, by all such as
pronounce texts of the Véda:
6
43. Of those ignorant priests, who serve the holy
'fire for the wealth of a Súdra, the giver shall always
tread on the foreheads, and thus pass over miseries
in the gloom of death.
6
6
6
44. EVERY man, who does not an act prescribed,
or does an act forbidden, or is guilty of excess,
even in legal gratifications of the senses, must per-
form an expiatory penance.
45. Some of the learned consider an expiation as
'confined to involuntary sin; but others, from the
' evidence of the Véda, hold it effectual even in the
case of a voluntary offence:
6
6
•
6
6
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6
46. A sin, involuntarily committed, is removed by
repeating certain texts of the scripture; but a sin
committed intentionally, through strange infatuation,
by harsh penances of different sorts.
47. Ir a twice-born man, by the will of God in
this world, or from his natural birth, have any cor-
poreal mark of an expiable sin committed in this or
a former state, he must hold no intercourse with
the virtuous, while his penance remains unperformed.
<
48. Some evil-minded persons, for sins committed
in this life, and some for bad actions in a preced-
ing state, suffer a morbid change their bodies:
49. 6
A stealer of gold from a Bráhmen has whit-
• lows
AND EXPIATION.
369
6
<
lows on his nails; a drinker of spirits, black teeth; CHAP.
'the slayer of a Bráhmen, a marasmus; the violator
6
of his guru's bed, a deformity in the generative
organs;
50. A malignant informer, fetid ulcers in his nos-
'trils; a false detractor, stinking breath; a stealer of
grain, the defect of some limb; a mixer of bad
wares with good, some redundant member;
6
51. 6
A stealer of dressed grain, dyspepsia; a stealer
of holy words, or an unauthorized reader of the scrip-
tures, dumbness; a stealer of clothes, leprosy; a
'horse-stealer, lameness;
52. The stealer of a lamp, total blindness; the
'mischievous extinguisher of it, blindness in one eye;
a delighter in hurting sentient creatures, perpetual
illness; an adulterer, windy swellings in his limbs :
6
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53. Thus, according to the diversity of actions,
are born men despised by the good, stupid, dumb,
blind, deaf, and deformed.
54. Penance, therefore, must invariably be per-
formed for the sake of expiation; since they, who
have not expiated their sins, will again spring to
'birth with disgraceful marks.
"
<
55. KILLING a Bráhmen, drinking forbidden liquor,
stealing gold from a priest, adultery with the wife
of a father, natural or spiritual, and associating with
such as commit those offences, wise legislators must
'declare to be crimes in the highest degree, in re-
spect
3 в
6
XI.
370
ON PENANCE
CHAP.spect of those after mentioned, but less than incest in
a direct line, and some others.
XI.
6
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6
56. FALSE boasting of a high tribe, malignant in-
formation, before the king, of a criminal who must
suffer death, and falsely accusing a spiritual precep-
'tor, are crimes in the second degree, and nearly
' equal to killing a Bráhmen.
6
57.
Forgetting the texts of scripture, showing con-
tempt of the Veda, giving false evidence without a
bad motive, killing a friend without malice, eating
'things prohibited, or, from their manifest impurity,
' unfit to be tasted, are six crimes nearly equal to
drinking spirits; but perjury and homicide require in
• atrocious cases the harshest expiation.
6
•
58. To appropriate a thing deposited or lent for a
'time, a human creature, a horse, precious metals, a
'field, a diamond, or any other gem, is nearly equal
'to stealing the gold of a Bráhmen.
6
6
59. Carnal commerce with sisters by the same
mother, with little girls, with women of the lowest
' mixed class, or with the wives of a friend or of a
son, the wise must consider as nearly equal to a
'violation of the paternal bed.
60. SLAYING a bull or cow, sacrificing what ought
'not to be sacrificed, adultery, selling oneself, de-
C
"
serting a preceptor, a mother, a father, or a son,
omitting to read the scripture, and neglect of the
'fires prescribed by the Dhermasástra only.
61. The
AND EXPIATION.
371
<
61. The marriage of a younger brother before the CHAP.
elder, and that elder's omission to marry before the XI.
<
younger, giving a daughter to either of them, and
<
<
<
<
officiating at their nuptial sacrifice,
62. Defiling a damsel, usury, want of perfect
chastity in a student, selling a holy pool or garden,
a wife, or a child,
6
63. Omitting the sacred investiture, abandoning a
kinsman, teaching the Véda for hire, learning it
'from a hired teacher, selling commodities, that ought
not to be sold,
*
6
64. Working in mines of any sort, engaging in
' dykes, bridges, or other great mechanical works,
spoiling medicinal plants repeatedly, subsisting by the
harlotry of a wife, offering sacrifices and preparing
'charms to destroy the innocent,
"
6
6
"
6
·
65. Cutting down green trees for firewood, per-
forming holy rites with a selfish view merely, and
eating prohibited food once without a previous design.
66. Neglecting to keep up the consecrated fire,
stealing any valuable thing besides gold, non-pay-
ment of the three debts, application to the books
of a false religion, and excessive attention to musick
or dancing,
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1
67. Stealing grain, base metals, or cattle, fami-
liarity by the twice-born with women who have
• drunk inebriating liquor, killing without malice a wo-
man, a Súdra, a Vaisya, or a Cshatriya, and denying
3 B 2
6 a future
372
ON PENANCE
CHAP. a future state of rewards and punishments, are all
'crimes in the third degree, but higher or lower ac-
cording to circumstances.
XI.
"
6
6
68. GIVING pain to a Bráhmen, smelling at any
spirituous liquor or any thing extremely fetid and
unfit to be smelt, cheating, and unnatural practices
' with a male, are considered as causing a loss of
'class.
6
69. To kill an ass, a horse, a camel, a deer, an
elephant, a goat, a sheep, a fish, a snake, or a
buffalo, is declared an offence, which degrades the
'killer to a mixed tribe.
6
·
70.
ACCEPTING presents from despicable men, ille-
gal traffick, attendance on a Súdra-master, and
speaking falsehood, must be considered as causes of
exclusion from social repasts.
71. KILLING an insect, small or large, a worm, or
a bird, eating what has been brought in the same
basket with spirituous liquor, stealing fruit, wood, or
flowers, and great perturbation of mind on trifling
'occasions, are offences which cause defilement.
72. You shall now be completely instructed in
'those penances, by which all the sins just men-
tioned are expiable.
6
73. 6 IF a Bráhmen have killed a man of the sa-
'cerdotal class, without malice prepense, the slayer
6
being far superiour to the slain in good qualities, he
must himself make a hut in a forest and dwell in
• it
AND EXPIATION.
373
6
<
XI.
it twelve whole years, subsisting on alms for the CHAP.
purification of his soul, placing near him, as a to-
ken of his crime, the skull of the slain, if he can
procure it, or, if not, any human skull. The time of
penance for the three lower classes must be twenty
four, thirty six, and forty eight, years.
6
74. Or, if the slayer be of the military class, he
may voluntarily expose himself as a mark to archers,
'who know his intention; or, according to circum-
stances, may cast himself head-long thrice, or even
'till he die, into blazing fire.
75. Or, if he be a king, and slew a priest with-
out malice or knowledge of his class, he may per-
form, with presents of great wealth, one of the fol-
'lowing sacrifices; an Aswamedha, or a Swerjit, or a
• Gósava, or an Abhijit, or a Viswajit, or a Trivrit,
or an Agnishtut.
6
6
>
"
'
C
76. Or, to expiate the guilt of killing a priest
without knowing him and without design, the killer
may walk on a pilgrimage a hundred yojanas, re-
peating any one of the Védas, eating barely enough
to sustain life, and keeping his organs in perfect
subjection;
77. Or, if in that case the slayer be unlearned
'but rich, he may give all his property to some
• Bráhmen learned in the Véda, or a sufficiency of
'wealth for his life, or a house and furniture to hold
while he lives:
78.' Or
374
ON PENANCE
•
CHAP. 78. Or, eating only such wild grains as are of
fered to the gods, he may walk to the head of the
XI.
<
<
6
<
river Saraswat against the course of the stream;
or, subsisting on very little food, he may thrice
repeat the whole collection of Védas, or the Rich,
Yajush, and Sáman.
6
79. Or, his hair being shorn, he may dwell near
' a town, or on pasture-ground for cows, or in some
holy place, or at the root of a sacred tree, taking
pleasure in doing good to cows and to Bráhmens:
"
80. There, for the preservation of a cow or a
• Bráhmen, let him instantly abandon life; since the
preserver of a cow or a Bráhmen atones for the
crime of killing a priest:
<
<
81. Or, by attempting at least three times for-
cibly to recover from robbers the property of a
‹ Bráhmen, or by recovering it in one of his attacks,
or even by losing his life in the attempt, he atones
6 for his crime.
6
82. Thus, continually firm in religious austerity,
chaste as a student in the first order, with his mind
'intent on virtue, he may expiate the guilt of unde-
signedly killing a Bráhmen, after the twelfth year
• has expired.
<
83. Or, if a virtuous Bráhmen unintentionally kill
"another, who had no good quality, he may atone for
his guilt by proclaiming it in an assembly of priests
' and military men, at the sacrifice of a horse, and
K
1
<
by
AND EXPIATION.
375
G
<
by bathing with other Bráhmens at the close of CHAP.
the sacrifice :
·
84. Bráhmens are declared to be the basis, and
Cshatriyas the summit, of the legal system: he,
therefore, expiates his offence by fully proclaiming
it in such an assembly.
85. From his high birth alone, a Bráhmen is an
object of veneration even to deities; his declarations
to mankind are decisive evidence; and the Véda
• itself confers on him that character.
6
6
6
6
•
6
6
6
6
<
86. Three at least, who are learned in the Véda,
should be assembled to declare the proper expia-
tion for the sin of a priest, but, for the three other
classes, the number must be doubled, tripled, and
quadrupled: what they declare shall be an atone-
ment for sinners; since the words of the learned
give purity.
87. Thus a Bráhmen, who has performed one of
the preceding expiations, according to the circum-
stances of the homicide and the characters of the per-
sons killed and killing, with his whole mind fixed
on GOD, purifies his soul, and removes the guilt of
slaying a man of his own class:
6
88. He must perform the same penance for killing.
an embryo, the sex of which was unknown, but whose
parents were sacerdotal, or a military or a commer-
cial man employed in a sacrifice, or a Bráhmenì-wo-
man, who has bathed after temporary uncleanness;
89 · And
XI.
376
ON PENANCE
XI.
CHAP. 89.' And the same for giving false evidence in a
cause concerning land or gold, or precious commo-
'dities, and for accusing his preceptor unjustly, and
' for appropriating a deposit, and for killing the wife
C
6
of a priest, who keeps a consecrated fire, or for slay-
ing a friend.
90. Such is the atonement ordained for killing a
priest without malice; but for killing a Bráhmen with
'malice prepense, this is no expiation: the term of
twelve years must be doubled, or, if the case was
' atrocious, the murderer must actually die in flames
6 or in battle.
91. ANY twice-born man, who has intentionally
drunk spirit of rice, through perverse delusion of
'mind, may drink more spirit in flame, and atone
for his offence by severely burning his body;
?
92. Or he may drink boiling hot, until he die,
'the urine of a cow, or pure water, or milk, or
' clarified butter, or juice expressed from cow-dung:
6
6
93. Or, if he tasted it unknowingly, he may ex-
piate the sin of drinking spirituous liquor, by eat-
ing only some broken rice or grains of tila, from
'which oil has been extracted, once every night for
Ia
a whole year, wrapped in coarse vesture of hairs
'from a cow's tail, or sitting unclothed in his house,
wearing his locks and beard uncut, and putting out
the flag of a tavern-keeper.
•
6
94. Since the spirit of rice is distilled from the
Mala, or filthy refuse, of the grain, and since Mala
'is
AND EXPIATION.
377
6
is also a name for sin, let no Bráhmen, Cshatriya CHAP.
or Vaisya drink that spirit.
95. Inebriating liquor may be considered as of
three principal sorts: that extracted from dregs of
sugar, that extracted from bruised rice, and that
extracted from the flowers of the Madhúca: as one,
'so are all; they shall not be tasted by the chief.
' of the twice-born.
6
6
96.
Those liquors, and eight other sorts, with the
' flesh of animals, and A'sava, the most pernicious be-
verage, prepared with narcotick drugs, are swallowed
' at the juncates of Yacshas, Racshases, and Pisáchas:
they shall not, therefore, be tasted by a Bráhmen,
'who feeds on clarified butter offered to gods.
6
97. A Bráhmen, stupefied by drunkenness, might
'fall on something very impure, or might even, when
intoxicated, pronounce a secret phrase of the Véda,
or might do some other act, which ought not to be
• done.
C
6
6
6
6
C
6
98. When the divine spirit, or the light of holy
knowledge, which has been infused into his body,
has once been sprinkled with any intoxicating liquor,
even his priestly character leaves him, and he sinks
to the low degree of a Súdra.
99. THUS have been promulgated the various modes
of expiation for drinking spirits: I will next pro-
pound the atonement for stealing the gold of a
priest to the amount of a suverna.
3 c
'
100. HE,
XI.
378
ON PENANCE
CHAP.
XI.
6
6
6
6
100. HE, who has purloined the gold of a Bráh-
men, must hasten to the king, and proclaim his of
fence; adding, "Inflict on me the punishment due
to my crime.'
101. Then shall the king himself, taking from him
an iron mace, which the criminal must bear on his
shoulder, strike him with it once; and by that
stroke, whether he die or be only left as dead, the
'thief is released from sin: a Bráhmen, by rigid pe-
nance alone can expiate that offence; another twice-
• born man may also perform such a penance at his
· election.
6
"
<
102. The twice-born man, who desires to remove
by austere devotion the taint caused by stealing
gold, must perform in a forest, covered with a
'mantle of rough bark, the penance before ordained
for him, who without malice prepense has killed a
• Bráhmen.
"
103. By these expiations may the twice-born atone
'for the guilt of stealing gold from a priest; but the
sin of adultery with the wife of a father, natural
6
or spiritual, they must expiate by the following pe-
6 nances.
104. ·
HE, who knowingly and actually has defiled
the wife of his father, she being of the same class,
must extend himself on a heated iron bed, loudly
proclaiming his guilt; and, there embracing the red
'hot iron image of a woman, he shall atone for his
'crime by death:
<
105. Or,
AND EXPIATION.
379
6
XI.
105. Or, having himself amputated his penis and CHAP.
scrotum, and holding them in his fingers, he may
'walk in a direct path toward the south-west, or the
region of NIRRITI, until he fall dead on the ground:
6
106. Or, if he had mistaken her for another woman,
' he may perform for a whole year, with intense ap-
plication of mind, the penance prájápatya, with part
of a bed, or a human bone, in his hand, wrapped
in vesture of coarse bark, letting his hair and beard
grow, and living in a deserted forest:
6
6
6
<
6
<
•
107. Or, if she was of a lower class and a corrupt
woman, he may expiate the sin of violating the bed
of his father, by continuing the penance chándraya-
na for three months, always mortifying his body by
eating only forest herbs, or wild grains boiled in
< water.
108. By the preceding penances may sinners of
'the two higher degrees atone for their guilt; and
'the less offenders may expiate theirs by the follow-
ing austerities.
•
109.
HE, who has committed the smaller offence
' of killing a cow without malice, must drink for the
'first month barley-corns boiled soft in water; his
head must be shaved entirely; and, covered with the
' hide of the slain cow, he must fix his abode on her
late pasture ground:
<
110.
He may eat a moderate quantity of wild
grains, but without any factitious salt, for the next
3c2
• two
380
ON PENANCE
CHAP.
XI.
6
two months at the time of each fourth repast, on
'the evening of every second day; regularly bathing in
the urine of cows, and keeping his members under
6 • controul:
6
111. All day he must wait
must wait on the herd, and
'stand quaffing the dust raised by their hoofs; at
night, having servilely attended and stroked and sa-
´luted them, he must surround them with a fence, and
sit near to guard them:
6
112. Pure and free from passion, he must stand,
'while they stand; follow them, when they move to-
gether; and lie down by them, when they lie down:
6
<
113. Should a cow be sick or terrified by tigers
'or
or thieves, or fall, or stick in mud, he must re-
lieve her by all possible means :
114. In heat, in rain, or in cold, or while the
'blast furiously rages, let him not seek his own
shelter, without first sheltering the cows to the ut-
• most of his power:
<
6
6
<
6
،
115. Neither in his own house, or field, or floor
for treading out grain,
person, let him say a
nor in those of
nor in those of any other
word of a cow, who eats
corn or grass, or of a calf, who drinks milk:
116. By waiting on a herd, according to these
rules, for three months, the slayer of a cow atones
for his guilt ;
·
117. But, his penance being performed, he must
' give
AND EXPIATION.
381
XI.
give ten cows and a bull, or, his stock not being CHAP.
so large, must deliver all he possesses, to such as
' best know the Véda.
6
118. THE preceding penances, or that called chán-
drayana, must be performed for the absolution of all
'twice-born men, who have committed sins of the
lower or third degree; except those, who have in-
curred the guilt of an avacírní ;
6
6
119. But he, who has become Avacírna, must sa-
'crifice a black or a one-eyed ass, by way of a meat-
offering to NIRRITI, patroness of the south-west, by
night, in a place where four ways meet:
6
120. Let him daily offer to her in fire the fat of
that ass, and, at the close of the ceremony, let him
' offer clarified butter, with the holy text Sem and so
forth, to PAVANA, to INDRA, to VRIHASPATI, and to
AGNI, regents of wind, clouds, a planet, and fire.
6
6
6
121. A voluntary effusion, naturally or otherwise,
' of that which may produce a man, by a twice-born
youth during the time of his studentship, or before
marriage, has been pronounced avacírna, or a vio-
lation of the rule prescribed for the first order, by
sages, who knew the whole system of duty, and ut-
tered the words of the Véda.
6
6
Ma'ruta,
122. To the four deities of purification, MA'RUTA,
INDRA, VRIHASPATI, AGNI, goes all the divine light,
which the Véda had imparted, from the student,
'who commits the foul sin avacírna;
<
123. But,
382
ON PENANCE
<
CHAP. 123. But, this crime having actually been commit-
XI.
6
6
ted, he must go begging to seven houses, clothed
only with the hide of the sacrificed ass, and openly
proclaiming his act:
124. Eating a single meal begged from them, at
'the regular time of the day, that is, in the morning
6
C
<
or evening, and bathing each day at the three sava-
nas, he shall be absolved from his guilt at the end
6 of one year.
<
6
6
<
•
6
6
<
125. HE, who has voluntarily committed any sin,
which causes a loss of class, must perform the tor-
menting penance, thence called sántapana; or the
prajapatya, if he offended involuntarily.
6
126. FOR sins, which degrade to a mixed class,
or exclude from society, the sinner must have re-
course to the lunar expiation chándrayana for one
month to atone for acts which occasion defilement,
he must swallow nothing for three days but hot
barley-gruel.
127. FOR killing intentionally a virtuous man of
the military class, the penance must be a fourth
part of that ordained for killing a priest; for killing
a Vaisya, only an eighth; for killing a Súdra, who
had been constant in discharging his duties, a six-
teenth part :
6
128. But, if a Brákmen kill a Cshatriya without
malice, he must, after a full performance of his re-
C
ligious
AND EXPIATION.
383
6
6
ligious rites, give the priests one bull together with CHAP.
a thousand cows;
129. Or he may perform for three years the pe-
nance for slaying a Bráhmen, mortifying his organs
of sensation and action, letting his hair grow long,
' and living remote from the town, with the root of
a tree for his mansion.
6
6
6
<
130. If he kill without malice a Vaisya, who had
' a good moral character, he may perform the same
penance for one year, or give the priests a hundred
cows and a bull:
6
6
6
<
131. For six months must he perform this whole
penance, if without intention he kill a Súdra; or
' he may give ten white cows and a bull to the
priests.
6
6
6
6
132. If he kill by design a cat, or an ichneumon,
the bird chásha, or a frog, a dog, a lizard, an owl,
or a crow, he must perform the ordinary penance
required for the death of a Súdra, that is the chán-
dráyana:
133. Or, if he kill one of them undesignedly, he
may drink nothing but milk for three days and
'nights, or each night walk a yojan, or thrice bathe
' in a river, or silently repeat the text on the di-
vinity of water; that is, if he be disabled by real
6
6
infirmity from performing the first mentioned penances,
• he may have recourse to the next in order,
·
134. A Bráhmen, if he kill a snake, must give to
XI.
some
384
ON PENANCE
CHAP.
XL
6
<
6
6
some priest a hoe, or iron-headed stick; if an eu-
nuch, a load of rice-straw, and a másha of lead;
<
135. If a boar, a pot of clarified butter; if the
bird tittiri, a dróna of tila-seeds; if a parrot, a
steer two years old; if the water-bird crauncha, a
steer aged three years:
136. If he kill a goose, or a phenicopteros, a
heron, or cormorant, a bittern, a peacock, an ape,
a hawk, or a kite, he must give a cow to some
• Bráhmen:
6
6
.
6
<
6
137. If he kill a horse, he must give a mantle;
if an elephant, five black bulls; if a goat or a
sheep, one bull; if an ass, a calf one year old:
138. If he kill a carnivorous wild beast, he must
give a cow with abundance of milk; if a wild
beast not carnivorous, a fine heifer; and a racticà
of gold, if he slay a camel :
6
139. If he kill a woman of any class caught in
adultery, he must give as an expiation, in the di-
rect order of the four classes, a leathern pouch, a
bow, a goat, and a sheep.
·
140. Should a Bráhmen be unable to expiate by
gifts the sin of killing a snake and the rest, he
must atone for his guilt by performing, on
on each
'occasion, the penance prájápatya.
141. For the slaughter of a thousand small animals
"which have bones, or for that of boneless animals
6 enow
AND EXPIATION.
385
<
<
6
<
<
6
<
<
enow to fill a cart, he must perform the chándrayana, CHAP.
or common penance for killing a Súdra;
·
142. But, for killing boned animals, he must also
give some trifle, as a pana of copper, to a Bráh-
men: for killing those without bones, he may be
absolved by holding his breath, at the close of his
penance, while he thrice repeats the gáyatrì with its
head, the pranava, and the vyáhritis.
6
143. For cutting once without malice trees yielding
fruit, shrubs with many crowded stems, creeping or
climbing plants, or such as grow again when cut,
if they were in blossom when he hurt them, he must
repeat a hundred texts of the Veda.
144. For killing insects of any sort bred in rice
or other grains, or those bred in honey or other
fluids, or those bred in fruit or flowers, eating clari-
'fied butter is a full expiation.
6
6
145. If a man cut, wantonly and for no good pur-
pose, such grasses as are
grasses as are cultivated, or such as
rise in the forest spontaneously, he must wait on a
Cow for one day, nourished by milk alone.
146. By these penances may mankind atone for
the sin of injuring sentient creatures, whether com-
'mitted by design or through inadvertence: hear now
'what penances are ordained for eating or drinking
'what ought not to be tasted.
147. HE, who drinks undesignedly any spirit but
3 D
· that
XI.
386
ON PENANCE
XI.
<
CHAP. that of rice, may be absolved by a new investiture
with the sacrificial string: even for drinking, inten-
tionally the weaker sorts of spirit, a penance. ex-
tending to death must not (as the law is now fixed)
be prescribed.
148. For drinking water which has stood in a
vessel, where spirit of rice or any other spirituous
liquor had been kept, he must swallow nothing, for
five days and nights, but the plant sanc' hapushpi
'boiled in milk:
6
6
५
6
6
6
<
!
6
149. If he touch any spirituous liquor, or give
any away,
away, or accept
or accept any in due form, or with
thanks, or drink water left by a Súdra, he must
swallow nothing for three days and nights, but cusá-
grass boiled in water.
150.
Should a Bráhmen, who has once tasted the
holy juice of the moon-plant, even smell the breath
of a man who has been drinking spirits, he must
remove the taint by thrice repeating the gáyatrì,
'while he suppresses his breath in water, and by
eating clarified butter after that ceremony.
<
<
6
<
151. IF any of the three twice-born classes have
' tasted unknowingly human ordure or urine, or any
thing that has touched spirituous liquor, they must,
after a penance, be girt anew with the sacrificial
• thread;
<
6
152. But, in such new investiture of the twice-
I born, the partial tonsure, the zone, the staff, the
6
petition
AND EXPIATION
L
307
'petition of alms, and the strict rules of abstinence, CHAP.
'need not be renewed.
6
153. SHOULD one of them eat the food of those
persons, with whom he ought never to eat, ör food
'left by a woman or a Súdra, or any prohibited flesh,
' he must drink barley-gruel only for seven days and
'nights.
6
6
154. •
If a Bráhmen drink sweet liquors turned
acid, or astringent juices from impure fruits, he be-
comes unclean, as long as those fluids remain un-
digested..
<
155. Any twice-born man, who by accident has
'tasted the dung or urine of a tame boar, an ass,
a camel, a shakal, an ape, or a crow, must per-
'form the penance chándrayana.
<
6
C
¿
156. If he taste dried flesh-meat, or mushrooms
rising from the ground, or any thing brought from
à slaughter-house, though he knew not whence it
came, he must perform the same penance.
157. For knowingly eating the flesh of carnivorous
'beasts, of town-boars, of camels, of gallinaceous
birds, of human creatures, of crows, or of asses,
the penance taptacrich'hra, or burning and severe,
is the only atonement.
6
158. A Bráhmen, who, before he has completed
'his theological studies, eats food at monthly obse-
6
6
quies to one ancestor, must fast three days and
nights, and sit in water a day:
3D 2
159. But
•
XI.
1
388
ON PENANCE
CHAP.
XI.
6
159. But a student in theology, who at any time
unknowingly tastes honey or flesh, must perform
'the lowest penance, or the prájápatya, and proceed
to finish his studentship.
160. C
Having eaten what has been left by a cat,
a crow, a mouse, a dog, or an ichneumon, or what
' has even been touched by a louse, he must drink,
'boiled in water, the plant brahmasuverchalá.
·
161. By the man, who seeks purity of soul, no
'forbidden food must be tasted: what he has unde-
signedly swallowed he must instantly vomit up, or
must purify himself with speed by legal expiations.
6
C
162. Such, as have been declared, are the various
penances for eating prohibited food: hear now the
' law of penance for an expiation of theft.
6
163. THE chief of the twice-born, having volun-
tarily stolen such property, as grain, raw or dressed,
'from the house of another Bráhmen, shall be ab-
solved on performing the penance prájápatya for a
• whole year;
6
164. But the penance chándrayana must be per-
• formed for stealing a man, woman,
woman, or child, for
'seizing a field, or a house, or for taking the waters
of an enclosed pool or well.
6
165. Having taken goods of little value from the
'house of another man, he must procure absolution
by performing the penance sántapana; having first
• restored,
6
AND EXPIATION.
389
6
6
restored, as the penitent thief always must, the goods CHAP.
that he stole.
166. For taking what may be eaten, or what may
' be sipped, a carriage,
carriage, a bed, or a seat, roots,
flowers, or fruit, an atonement may be made by
swallowing the five pure things produced by a cow,
or milk, curds, butter, urine, dung:
"or
167. For stealing grass, wood, or trees, rice ´in
'the husk, molasses, cloth or leather, fish, or other
'animal food, a strict fast must be kept three days
and three nights.
6
6
،
6
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.6
168. For stealing gems, pearls, coral, copper,
silver, iron, brass, or stone, nothing but broken rice
must be swallowed for twelve days;
169. And nothing but milk for three days, if
cotton or silk, or wool had been stolen, or a beast
either with cloven or uncloven hoofs, or a bird,
or perfumes, or medicinal herbs, or cordage.
·
170. By these penances may a twice-born man
⚫ atone for the guilt of theft; but the following aus-
terities only can
can remove the sin of carnally ap-
proaching those, who must not be carnally approached
171. HE, who has wasted his manly strength with
sisters by the same womb, with the wives of his
'friend or of his son, with girls under the age of
6
6
puberty, or with women of the lowest classes, must
perform the penance ordained for defiling the bed
XI.
•
of a preceptor:
172. He,
‹
390
ON PENANCE
CHAP.
XI.
6
6
6
172. He, who has carnally known the daughter
of his paternal aunt, who is almost equal to a sister,
or the daughter of his maternal aunt, or the
daughter of his maternal uncle, who is a near kins-
man, must perform the chándrayana, or lunar pe-
6 nance ;
6
6
173. No man of sense would take one of. those
'three as his wife: they shall not be taken in mar-
riage by reason of their consanguinity; and he,
'who marries any one of them, falls deep into sin.
6
C
6
174. He, who has wasted, what might have pro-
"
duced a man, with female
man, with female brute animals, with a
woman during her courses, or in any but the natu-
'ral part, or in water, must perform the penance sán-
· tapana: for a bestial act with a cow the penance
'must be far more severe.
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6
<
6
175. A twice-born man, dallying lasciviously with
a male in any place or at any time, or with a fe-
male in a carriage drawn by bullocks, or in water,
or by day, shall be degraded, and must bathe him-
self publickly with his apparel.
176. Should a Bráhmen carnally know a woman
of the Chandála or Mléch'ha-tribes, or taste their
food, or accept a gift from them, he loses his own
class, if he acted unknowingly, or, if knowingly,
sinks to a level with them.
177. A wife, excessively corrupt, let her husband
'confine to one apartment, and compel her to per-
• form
AND EXPIATION.
391
form the penance ordained for a man, who has com- CHAP.
'mitted adultery:
<
6
·
178. If, having been solicited by a man of her
own class, she again be defiled, her expiation must
be the penance prájápatya added to the chandrayana.
179. The guilt of a Bráhmen, who has dallied a
'whole night with a Chandálì-woman, he may re-
move in three years by subsisting on alms, and in-
cessantly repeating the gáyatrì with other mys-
6 terious texts.
C
6
6
180.
These penances have been declared for sin-
ners of four sorts, those who hurt sentient creatures,
those who eat prohibited food, those who commit theft,
and those who are guilty of lasciviousness: hear now
'the prescribed expiation for such, as hold any inter-
course with degraded offenders.
6
6
6
6
6
<
6
·
181. HE, who associates himself for one year with
a fallen sinner, falls like him; not by sacrificing,
reading the Veda, or contracting affinity with him,
since by those acts he loses his class immediately, but
even by using the same carriage or seat, or by
taking his food at the same board:
182. That man who holds an intercourse with any
one of those degraded offenders, must perform, as
6 an atonement for such intercourse, the penance
ordained for that sinner himself.
6
6
183. The sapindas and samánódacas of a man de-
graded, for a crime in the first degree, must offer
' a libation
XI.
392
ON PENANCE
CHAP. · a
libation of water to his manes, as if he were
XI. naturally dead, out of the town, in the evening of
6
some inauspicious day, as the ninth of the moon,
'his paternal kinsmen, his officiating priest, and his
spiritual guide being present.
6
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<
184. A female slave must kick down with her foot
6
an old pot filled with water, which had for that pur-
pose been placed before the south, as if it were an
' oblation for the dead; and all the kinsmen, in the
nearer and remoter degrees, must remain impure for
a day and a night:
6
6
6
<
185. They must thenceforth desist from speaking
to him, from sitting in his company, from deliver-
ing to him
him any inherited or other property, and
'from every civil or usual attention, as inviting him
on the first day of the year, and the like.
،
6
186. His right of primogeniture, if he was an el-
a
' der brother, must be withholden from him, and what-
ever perquisites arise from priority of birth:
younger brother, excelling him in virtue, must ap-
propriate the share of the first-born.
<
187. But, when he has performed his due penance,
his kinsmen and he must throw down a new vessel
'full of water, after having bathed together in a
pure pool:
"
188. Then must he cast that vessel into the
water; and, having entered his house, he may per-
form, as before, all the acts incident to his rela-
'tion by blood.
189. The
AND EXPIATION.
393
1
<
6
189. 6
XI.
The same ceremony must be performed by CHAP.
the kindred even of women degraded, for whom
clothes, dressed rice, and water must be provided;
6
and they must dwell
in huts near the family house.
6
6
C
190. With sinners,
whose expiations are unper-
formed, let not a man transact business of any
kind; but those, who have performed their expia-
tions, let him at no time reproach:
to
191. Let him not, however, live with those, who
' have slain children, or injured their benefactors, or
'killed suppliants for protection, or put women
death, even though such offenders have been legally
purified.
6
6
192. THOSE men of
of the twice-born classes, to
'whom the gáyatrì has not been repeated and ex-
plained, according to law, the assembly must cause
'to perform three prájápatya penances, and afterwards
to be girt with the sacrificial string;
<
·
193. And the same penance they must prescribe
to such twice-born men, as are anxious to atone
'for some illegal act, or a neglect of the Véda.
194. IF priests have accepted any property from
'base hands, they may be absolved by relinquishing
the presents, by repeating mysterious texts, and by
6 acts of devotion :
<
6
·
195. By three thousand repetitions of the gáyatrì
with intense application of mind, and by subsisting
on milk only for a whole month on the pasture
· of
3 E
394
ON PENANCE
XI.
CHAP. of cows, a Bráhmen, who has received any gift
from a bad man, or a bad gift from any man, may
'be cleared from sin.
196. When he has been mortified by abstinence,
' and has returned from the pasturage, let him bend
'low to the other Bráhmens, who must thus interro-
gate him "Art thou really desirous, good man, of
'readmission to an equality with us?"
6
6
197. If he answer in the affirmative, let him give
some grass to the cows, and in the place, made
pure by their having eaten on it, let the men of
'his class give their assent to his readmission.
<
<
·
198. HE, who has officiated at a sacrifice for out-
casts, or burned the corpse of a stranger, or per-
'formed rites to destroy the innocent, or made the
impure sacrifice, called Ahína, may expiate his guilt
by three prájápatya penances.
<
<
6
6
199. A TWICE-BORN man, who has rejected a sup-
pliant for his protection, or taught the Véda on a
'forbidden day, may atone for his offence by sub-
'sisting a whole year on barley alone.
6
'
200. HE, who has been bitten by a dog, a sha-
'kal, or an ass, by any carnivorous animal frequent-
ing a town, by a man,
man, a horse, a camel, or a
'boar, may be purified by stopping his breath during
one repetition of the gáyatrì.
201. To eat only at the time of the sixth meal,
or on the evening of every third day, for a month,
'to
AND EXPIATION.
395
'to repeat a Sanhità of the Védas, and to make CHAP.
6
eight oblations to fire, accompanied with eight holy
XI.
texts, are always an expiation for those, who are
'excluded from society at repasts.
6
6
<
6
202. SHOULD a Bráhmen voluntarily ascend a car-
riage borne by camels or drawn by asses, or design-
edly bathe quite naked, he may be absolved by
one suppression of breath, while he repeats in his
• mind the most holy text.
<
203. HE, who has made any excretion, being
greatly pressed, either without water near him, or
in water, may be purified by bathing in his clothes
' out of town, and by touching a cow.
204. FOR an omission of the acts, which the Véda
' commands to be constantly performed, and for a vio-
lation of the duties prescribed to a housekeeper, the
⚫ atonement is fasting one day.
"
6
205. HE, who says hush or pish to a Bráhmen,
' or thou to a superiour, must immediately bathe, eat
nothing for the rest of the day, and appease him
by clasping his feet with respectful salutation.
6
206. •
For striking a Bráhmen even with a blade
' of grass, or tying him by the neck with a cloth,
6
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<
or overpowering him in argument, and adding con-
temptuous words, the offender must soothe him by
falling prostrate.
207. An assaulter of a Bráhmen, with intent to
• kill,
3 E 2
396
ON PENANCE
<
CHAP. kill, shall remain in hell a hundred years; for ac-
tually striking him with the like intent, a thousand:
XI.
208. As many small pellets of dust as the blood
· of a Bráhmen collects on the ground, for so many
'thousand years must the shedder of that blood be
tormented in hell.
<
<
209. For a simple assault, the first or common pe-
nance must be performed; for a battery, the third
6 or very severe penance; but for shedding blood,
'without killing, both of those penances.
6
<
6
S
210. To remove the sins, for which no particular
penance has been ordained, the assembly must award
a fit expiation, considering the ability of the sin-
ner to perform it, and the nature of the sin.
·
211. THOSE рenances, by which a man may atone
for his crimes, I now will describe to you; pe-
nances, which have been performed by deities, by
holy sages, and by forefathers of the human race.
6
212. WHEN a twice-born man performs the com-
6 mon - penance,
penance, or that of PRAJAPATI, he must for
three days eat only in the morning; for three days,
only in the evening; for three days, food unasked
‹ but presented to him; and for three more days, no-
6
6
6
thing.
213.
Eating for a whole day the dung and urine
of cows mixed with curds,
mixed with curds, milk, clarified butter,
and water boiled with cusa-grass, and then fasting
entirely for a day and a night, is the penance
• called
AND EXPIATION.
397
'called Santapana, (either from the devout man SAN- CHAP.
TAPANA, or from tormenting).
214. A twice-born man performing the penance,
'called very severe, in respect of the common, must
<
6
6
eat, as before, a single mouthful, or a ball of rice
as large as a hen's egg, for three times three days;
and for the last three days, must wholly abstain
C from food.
6
215. · A Bráhmen, performing the ardent penance,
must swallow nothing but hot water, hot milk, hot
'clarified butter, and hot steam, each of them for
three days successively, performing an ablution and
mortifying all his members.
6
6
6
6
6
216. A total fast for twelve days and nights, by
a penitent with his organs controlled and his mind
attentive, is the penance named paráca, which ex-
piates all degrees of guilt.
217. If he diminish his food by one mouthful each
day, during the dark fortnight, eating fifteen mouth-
fuls on the day of the opposition, and increase it,
in the same proportion, during the bright fortnight,
fasting entirely on the day of the conjunction, and
perform an ablution regularly at sunrise, noon, and
'sunset, this is the chándrayana, or the lunar pe-
C
6
C
6
6
nance :
·
218. Such is the penance called ant-shaped or nar-
row in the middle; but, if he perform the barley-
shaped, or broad in the middle, he must observe the
same
XI.
398
ON PENANCE
CHAP. ' same rule,
same rule, beginning with the bright half-month,
and keeping under command his organs of action
• and sense.
XI.
6
6
219. To perform the lunar penance of an ancho-
ret, he must eat only eight mouthfuls of forest
' grains at noon for a whole month, taking care to
• subdue his mind.
6
6
220.‹ If a Bráhmen eat only four mouthfuls at sun-
' rise, and four at sunset, for a month, keeping his
organs controlled, he performs the lunar penance of
' children.
6
221..
He, who, for a whole month, eats no more
'than thrice eighty mouthfuls of wild grains, as he
happens by any means to meet with them, keeping
his organs in subjection, shall attain the same abode
' with the regent of the moon:
6
(
C
C
،
222. The eleven Rudras, the twelve Adityas, the
eight Vasus, the Maruts, or genii of the winds, and
the seven great Rishis, have performed this lunar
penance as a security from all evil.
•
223. The oblation of clarified butter to fire must
every day be made by the penitent himself, accom-
panied with the mighty words, earth, sky, heaven;
he must perfectly abstain from injury to sentient
creatures, from falsehood, from wrath, and from all
crooked ways.
224. "
Or, thrice each day, and thrice each night
' for a month, the penitent may plunge into water
• clothed
AND EXPIATION.
399
XI.
'clothed in his mantle, and at no time conversing CHAP.
'with a woman, a Súdra, or an outcast.
225. LET him be always in motion, sitting and
'rising alternately; or, if unable to be thus restless,
'let him sleep low on the bare ground; chaste as a
student of the Véda, bearing the sacred zone and
staff, showing reverence to his preceptor, to the
gods, and to priests;
،
6
6
6
226.
Perpetually must he repeat the gáyatrì, and
other pure texts to the best of his knowledge:
thus in all penances for absolution from sin, must
he vigilantly employ himself.
6
227. By these expiations are twice-born men ab-
'solved whose offences are publickly known, and are
• mischievous by their example; but for sins not pub-
lick, the assembly of priests must award them
penances, with holy texts and oblations to fire.
6
<
6
6
6
•
<
228. By open confession, by repentance, by de-
votion, and by reading the scripture, a sinner may
be released from his guilt; or by alms-giving, in
case of his inability to perform the other acts of re-
ligion.
229. In proportion as a man, who has committed
a sin, shall truly and voluntarily confess it, so far
he is disengaged from that offence, like a snake
from his slough;
230. And, in proportion as his heart sincerely
• loathes
400
ON PENANCE
CHAP.
XI.
6
loathes his evil deed, so far shall his vital spirit
be freed from the taint of it.
231. 6
If he commit sin, and actually repent, that
sin shall be removed from him; but if he merely
6 say, "I will sin thus no more," he can only be
released by an actual abstinence from guilt.
<
6
6
،
6
232. Thus revolving in his mind the certainty of
retribution in a future state, let him be constantly
good in thoughts, words, and action.
6
233. If he desire complete remission of any foul
act which he has committed, either ignorantly or
knowingly, let him beware of committing it again;
for the second fault his penance must be doubled.
<
234. If, having performed any expiation, he feel
'not a perfect satisfaction of conscience, let him re-
peat the same devout act, until his conscience be
perfectly satisfied.
6
6
235. All the bliss of deities and of men is de-
clared by sages, who discern the sense of the Véda,
to have in devotion its cause, in devotion its con-
'tinuance, in devotion its fullness.
6
6
6
236. Devotion is equal to the performance of all
duties; it is divine knowledge in a Bráhmen; it is
' defence of the people in a Cshatriya; devotion is
the business of trade and agriculture in a Vaisya;
devotion is dutiful service in a Súdra.
•
<
237. Holy sages, with subdued passions, feeding
6
only
AND EXPIATION.
401
፡
6
only on fruit, roots, and air, by devotion alone are CHAP.
' enabled to survey the three worlds, terrestrial,
ethereal, and celestial, peopled with animal creatures,
• locomotive and fixed.
6
238. Perfect health, or unfailing medicines, divine
learning, and the various mansions of deities, are
acquired by devotion alone: their efficient cause is
• devotion.
6
239. Whatever is hard to be traversed, whatever
' is hard to be acquired, whatever is hard to be
'visited, whatever is hard to be performed, all this
may be accomplished by true devotion; for the dif-
ficulty of devotion is the greatest of all.
6
6
<
6
<
240. Even sinners in the highest degree, and of
course the other offenders, are absolved from guilt
by austere devotion well practised.
·
241. Souls, that animate worms, and insects, ser-
pents, moths, beasts, birds, and vegetables, attain
heaven by the power of devotion.
·
242. Whatever sin has been conceived in the
hearts of men, uttered in their speech, or com-
'mitted in their bodily acts, they speedily burn it
all away by devotion, if they preserve devotion as
• their best wealth.
6
243. Of a priest, whom devotion has purified, the
divine spirits accept the sacrifices, and grant the
XI.
6
desires with ample increase.
3 F
244. Even
•
402
ON PENANCE
CHAP.
XI.
244. · Even BRAHMA', lord of creatures, by devo-
'tion enacted this code of laws; and the sages by
' devotion acquired a knowledge of the Védas.
6
245. Thus the gods themselves, observing in this
'universe the incomparable power of devotion, have
proclaimed aloud the transcendent excellence of
pious austerity.
6
6
6
246. By reading each day as much as possible of
the Véda, by performing the five great sacraments,
' and by forgiving all injuries, even sins of the high-
est degree shall be soon effaced:
6
247. As fire consumes in an instant with his
'bright flame the wood, that has been placed on
it, thus, with the flame of knowledge, a Bráhmen,
'who understands the Véda, consumes all sin.
6
248. Thus has been declared, according to law,
the mode of atoning for open sins: now learn the
'mode of obtaining absolution for secret offences.
6
249. SIXTEEN suppressions of the breath, while the
holiest of texts is repeated with the three mighty
words, and the triliteral syllable, continued each
day for a month, absolve even the slayer of a
• Bráhmen from his hidden faults.
<
6
C
6
"
6
250. Even a drinker of spirituous liquors is ab-
solved by repeating each day the text apa used by
the sage CAUTSA, or that beginning with preti used
by VASISHT'HA, or that called máhitra, or that, of
which the first word is suddhavatyah.
251. • By
AND EXPIATION.
403
6
'
፡
XI.
251. By repeating each day for a month the text CHAP.
ásyavámiya, or the hymn Sivasancalpa, the stealer
of gold from a priest becomes instantly pure.
252. He, who has violated the bed of his pre-
ceptor, is cleared from secret faults by repeating
sixteen times a day the text havishyantiya, or that
beginning with na tamanhah, or by revolving in his
'mind the sixteen holy verses, called Paurusha.
،
6
253. The man, who desires to expiate his hidden
'sins great and small, must repeat once a day for
6
<
6
6
a year the text ava, or the text yatcinchida.
254.
He, who has accepted an illegal present, or
eaten prohibited food, may be cleansed in three
days by repeating the text taratsamandiya.
255. Though he have committed many secret sins,
he shall be purified by repeating for a month. the
' text sómáraudra, or the three texts áryamna, while
'he bathes in a sacred stream.
6
6
<
"
256. A grievous offender must repeat the seven
verses, beginning with INDRA, for half a year; and
he, who has defiled water with any impurity, must
sit a whole year subsisting by alms.
257. A twice-born man, who shall offer clarified
butter for a year, with eight texts appropriated to
eight several oblations, or with the texts na mé,
'shall efface a sin even of an extremely high de-
gree.
3 F 2
258.' He,
404
ON PENANCE
CHAP.
XI.
6
6
6
6
6
258. He, who had committed a crime of the first
degree, shall be absolved, if he attend a herd of
kine for a year, mortify his organs, and continually
repeat the texts beginning with pávamání, living
solely on food given in charity :
259. Or, if he thrice repeat a Sanhità of the
Védas, or a large portion of them with all the
'mantras and brahmenas, dwelling in a forest with
'subdued organs, and purified by three parácas, he
• shall be set free from all sins how heinous soever.
260. Or he shall be released from all deadly sins,
if he fast three days, with his members mortified,
and twice a day plunge into water, thrice repeating
the text aghamarshana:
<
261. As the sacrifice of a horse, the king of sa-
'crifices, removes all sin, thus the text aghamarshana
destroys all offences.
6
6
6
262. A priest, who should retain in his memory
the whole Rigvéda, would be absolved from guilt,
even if he had slain the inhabitants of the three
'worlds, and had eaten food from the foulest hands.
6
6
263. By thrice repeating the mantras and bráh-
menas of the Rich, or those of the Yajush, or those
of the Sáman, with the upanishads, he shall per-
fectly be cleansed from every possible taint:
6
264. As a clod of earth, cast into a great lake,
sinks in it, thus is every sinful act submerged in
the triple Véda.
265. The
•
AND EXPIATION.
405
6
265. The divisions of the Rich,
the
XI.
Rich, the several CHAP.
branches of the Yajush, and the manifold strains of
the Sáman must be considered as forming the triple
• Véda: he knows the Véda, who knows them col-
lectively.
6
6
6
266. The primary triliteral syllable, in which the
three Védas themselves are comprised, must be kept
secret, as another triple Véda: he knows the Véda,
who distinctly knows the mystick sense of that word.'
CHAP.
CHAP. XII.
On Transmigration and Final Beatitude.
CHAP.
XII.
6
1.O THOU, who art free from sin,' said the devout
sages, thou hast declared the whole system of duties
• ordained for the four classes of men: explain to us
6 now, from the first principles, the ultimate retribu-
tion for their deeds.'
2. BHRIGU, whose heart was the pure essence of
virtue, who proceeded from MENU himself, thus ad-
dressed the great sages:
Hear the infallible rules
<
6
for the fruit of deeds in this universe.
3. ACTION, either mental, verbal, or corporeal,
bears good or evil fruit, as itself is good or evil;
' and from the actions of men proceed their various
transmigrations in the highest, the mean, and the
• lowest degree:
6
4. Of that three-fold action, connected with bodily
'functions, disposed in three classes, and consisting
' of ten orders, be it known in this world, that the
heart is the instigator.
5.
Devising means to appropriate the wealth of
' other men, resolving on any forbidden deed, and
conceiving notions of atheism or materialism, are the
'three bad acts of mind :
C
6. Scurrilous
ON TRANSMIGRATION, &c.
407
6
6
XII.
6. Scurrilous language, falsehood, indiscriminate CHAP.
backbiting, and useless tattle, are the four bad acts
of the tongue :
7. Taking effects not given, hurting sentient crea-
<
tures without the sanction of law, and criminal in-
'tercourse with the wife of another, are the three
bad acts of the body; and all the ten have their
opposites, which are good in an equal degree.
6
6
8. C
A rational creature has a reward or a punish-
ment for mental acts, in his mind; for verbal acts,
' in his organs of speech; for corporeal acts, in his
6
bodily frame.
6
9. For sinful acts mostly corporeal, a
corporeal, a man shall
assume after death a vegetable or mineral form; for
such acts mostly verbal, the form of a bird or a
beast; for acts mostly mental, the lowest of human
• conditions:
6
•
6
10. He, whose firm understanding obtains a com-
mand over his words, a command over his thoughts,
and a command over his whole body, may justly be
'called a tridandì, or triple commander; not a mere
anchoret, who bears three visible staves.
6
6
11. The man, who exerts this triple self-command
'with respect to all animated creatures, wholly sub-
<
6
duing both lust and wrath, shall by those means
• attain beatitude.
12. THAT substance, which gives a power of mo-
• tion
*
ON TRANSMIGRATION
408
CHAP.
XII.
C
tion to the body, the wise call cshétrajnya, or jívát-
man, the vital spirit; and that body, which thence
' derives active functions, they name bhútátman, or
composed of elements:
6
6
6
(
6
6
13. Another internal spirit, called mahat, or the
great soul, attends the birth of all creatures imbo-
died, and thence in all mortal forms is conveyed
a perception either pleasing or painful.
6
14. Those two, the vital spirit and reasonable soul,
are closely united with five elements, but connected
with the supreme spirit, or divine essence, which
pervades all beings high and low:
15. 6
From the substance of that supreme spirit are
diffused, like sparks from fire, innumerable vital spi-
rits, which perpetually give motion to creatures ex-
6 alted and base.
6
6
16. By the vital souls of those men, who have
'committed sins in the body reduced to ashes, another
body, composed of nerves with five sensations, in
order to be susceptible of torment, shall certainly
be assumed after death ;
•
C
17. And, being intimately united with those minute
'nervous particles, according to their distribution,
they shall feel, in that new body, the pangs inflict-
'ed in each case by the sentence of YAMA.
6
6
18. When the vital soul has gathered the fruit of
sins, which arise from a love of sensual pleasure,
• but
AND FINAL BEATITUDE.
409
6
but must produce misery, and, when its taint has
thus been removed, it approaches again those two
'most effulgent essences, the intellectual soul and the
• divine spirit:
6
19. 6
They two, closely conjoined, examine without
' remission the virtues and vices of that sensitive soul,
according to its union with which it acquires plea-
sure or pain in the present and future worlds.
<
<
20. If the vital spirit had practised virtue for the
'most part, and vice in a small degree, it enjoys
delight in celestial abodes, clothed with a body
formed of pure elementary particles;
6
21. ·
But, if it had generally been addicted to vice,
' and seldom attended to virtue, then shall it be de-
'serted by those pure elements, and, having a coarser
body of sensible nerves, it feels the pains to which
• YAMA shall doom it:
22. Having endured those torments according to
'the sentence of YAMA, and its taint being almost
6
' removed, it again reaches those five pure elements
' in the order of their natural distribution.
23. Let each man, considering with his intellec-
'tual powers these migrations of the soul according
to its virtue or vice, into a region of bliss or pain,
continually fix his heart on virtue.
6
24. BE it known, that the three qualities of the
• rational soul are a tendency to goodness, to passion,
' and to darkness; and, endued with one or more of
• them,
3 G
6
CHAP.
XII.
410
ON TRANSMIGRATION
CHAP.
XII.
them, it remains incessantly attached to all these
'created substances:
6
6
•
25. When any one of the three qualities predomi-
nates in a mortal frame, it renders the imbodied
spirit eminently distinguished for that quality.
6
26. Goodness is declared to be true knowledge;
darkness, gross ignorance; passion, an emotion of
desire or aversion: such is the compendious descrip-
'tion of those qualities, which attend all souls.
27.
When a man perceives in the reasonable soul
' a disposition tending to virtuous love, unclouded
with any malignant passion, clear as the purest
light, let him recognise it as the quality of good-
6
<
<
ness :
28. A temper of mind, which gives uneasiness and
produces disaffection, let him consider as the ad-
verse quality of passion, ever agitating imbodied spi-
• rits:
6
(
29. That indistinct, inconceivable, unaccountable
disposition of a mind naturally sensual, and clouded
' with infatuation, let him know to be the quality of
• darkness.
6
6
30. Now will I declare at large the various acts,
in the highest, middle, and lowest degrees, which
proceed from those three dispositions of mind.
6
31. Study of scripture, austere devotion, sacred
I knowledge, corporeal purity, command over the or-
6 gans,
AND FINAL BEATITUDE.
411
XII.
gans, performances of duties, and meditation on the CHAP.
'divine spirit, accompany the good quality of the soul:
6
6
<
C
6
6
6
32. Interested motives for acts of religion or mo-
rality, perturbation of mind on slight occasions, com-
mission of acts forbidden by law, and habitual in-
dulgence in selfish gratifications, are attendant on
the quality of passion:
33. Covetousness, indolence, avarice, detraction,
atheism, omission of prescribed acts, a habit of so-
liciting favours, and inattention to necessary busi-
ness, belong to the dark quality.
6
34. Of those three qualities, as they appear in the
three times, past, present, and future, the following
in order from the lowest may be considered as a
short but certain criterion.
35. Let
Let the wise consider, as belonging to the
quality of darkness, every act, which a man is
' ashamed of having done, of doing, or of going to
• do:
•
36. Let them consider, as proceeding from the
quality of passion, every act, by which a man seeks
'exaltation and celebrity in this world, though he
may not be much afflicted, if he fail of attaining
• his object :
<
37. To the quality of goodness belongs every act,
by which he hopes to acquire divine knowledge,
3 G 2
' which
412
ON TRANSMIGRATION
‹
CHAP. which he is never ashamed of doing, and which
brings placid joy to his conscience.
.XII.
6
<
38. 6
Of the dark quality, as described, the princi-
pal object is pleasure; of the passionate, worldly
prosperity; but of the good quality, the chief object
is virtue: the last mentioned objects are superiour
• in dignity.
<
.6
C
39. SUCH transmigrations, as the soul procures in
this universe by each of those qualities, I now will
declare in order succinctly.
6
40. Souls, endued with goodness, attain always the
'state of deities; those filled with ambitious passions,
'the condition of men; and those immersed in dark-
" ness, the nature of beasts: this is the triple order
of transmigration.
6
<
6
6
6
6
6
6
41. Each of those three transmigrations, caused by
the several qualities, must also be considered as
three-fold, the lowest, the mean, and the highest,
according to as many distinctions of acts and of
knowledge.
6
42. Vegetable and mineral substances, worms, in-
sects, and reptiles, some very minute, some rather
larger, fish, snakes,
fish, snakes, tortoises, cattle, shakals,
shakals, are
the lowest forms, to which the dark quality leads:
43. Elephants, horses, men of the servile class,
·
' and contemptible Mléch'has, or barbarians, lions, ti-
،
6
<
and boars, are the mean states procured by
gers, and boars,
the quality of darkness:
6
44. Dancers
AND FINAL BEATITUDE.
413
<
6
<
44. Dancers and singers, birds, and deceitful men, CHAP.
giants and blood-thirsty savages, are the highest XII.
conditions, to which the dark quality can ascend.
45' J'hallas, or cudgel-players, Mallas, or boxers
' and wrestlers, Natas, or actors, those who teach
'the use of weapons, and those who are addicted
to gaming or drinking, are the lowest forms
casioned by the passionate quality:
6
6
6
OC-
46. Kings, men of the fighting class, domestick
priests of kings, and men skilled in the war of
controversy, are the middle states caused by the
quality of passion :
47.
Gandharvas, or aerial musicians, Guhyacas and
Yacshas, or servants and companions of CUVE'RA,
genii attending superiour gods, as the Vidyadharas
' and others, together with various companies of
Apsarases or nymphs, are the highest of those forms,
'which the quality of passion attains.
48. Hermits, religious mendicants, other Bráhmens,
'such orders of demigods as are wafted in airy cars,
genii of the signs and lunar mansions, and Daityas,
C
6
6
or the offspring of Diti, are the lowest of states
procured by the quality of goodness:
6
49. Sacrificers, holy sages, deities of the lower
'heaven, genii of the Védas, regents of stars not in
6
the paths of the sun and moon, divinities of years,
· Pitris or progenitors of mankind, and the demigods
named Sádhyas, are the middle forms, to which the
good
414
ON TRANSMIGRATION
CHAP. good quality conveys all spirits moderately endued
• with it:
XII.
<
50. BRAHMA' with four faces, creators of worlds
under him, as MARICHI and others, the genius of
virtue, the divinities presiding over (two principles
of nature in the philosophy of CAPILA) mahat, or the
mighty, and avyacta, or unperceived, are the highest
'conditions, to which, by the good quality, souls are
'exalted.
6
6
6
51. This triple system of transmigrations, in which
' each class has three orders, according to actions
' of three kinds, and which comprises all animated
6
<
6
،
beings, has been revealed in its full extent :
52. Thus, by indulging the sensual appetites, and
by neglecting the performance of duties, the basest
' of men, ignorant of sacred expiations, assume the
basest forms.
53. WHAT particular bodies the vital spirit enters
in this world, and in consequence of what sins
'here committed, now hear at large and in order.
6
6
6
54. Sinners in the first degree, having passed
through terrible regions of torture for a great num-
'ber of years, are condemned to the following births
at the close of that period, to efface all remains of
their sin.
<
،
55. The slayer of a Bráhmen must enter accord-
<
ing to the circumstances of his crime the body of
' a dog,
AND FINAL BEATITUDE.
415
<
<
a dog, a boar, an ass, a camel, a bull, a goat, a CHAP.
sheep, a stag, a bird, a Chandála, or a Puccasa.
6
56. A priest, who has drunk spirituous liquor,
'shall migrate into the form of a smaller or larger
worm or insect, of a moth, of a fly feeding on
ordure, or of some ravenous animal.
C
6
57. He, who steals the gold of a priest, shall
pass a thousand times into the bodies of spiders,
' of snakes and cameleons, of crocodiles and other
'aquatick monsters, or of mischievous blood-sucking
• demons.
6
6
58.
He, who violates the bed of his natural or
spiritual father, migrates a hundred times into the
forms of grasses, of shrubs with crowded stems, or of
creeping and twining plants, of vultures and other
'carnivorous animals, of lions and other beasts with
sharp teeth, or of tigers and other cruel brutes.
6
59. <
They, who hurt any sentient beings, are born
cats and other eaters of raw flesh; they who taste
'what ought not to be tasted, maggots or small
flies; they, who steal ordinary things, devourers of
each other: they, who embrace very low women,
• become restless ghosts.
•
6
6
60. He, who has held intercourse with degraded
'men, or been criminally connected with the wife of
another, or stolen common things from a priest,
'shall be changed into a spirit called Bráhma-
6
،
· rácshasa.
XII.
<
61. The
416
ON TRANSMIGRATION
ON
CHAP. 61. The wretch, who through covetousness has
'stolen rubies or other gems, pearls, or coral, or
XII.
6
6
precious things of which there are many sorts,
• shall be born in the tribe of goldsmiths, or among
6
· birds called hémacáras, or gold-makers.
62. If a man steal grain in the husk, he shall
' be born a rat; if a yellow mixed metal, a gander;
if water, a plava, or diver; if honey a great sting-
ing gnat; if milk, a crow; if expressed juice, a
6
6
6
<
6
dog; if clarified butter, an ichneumon-weasel;
6
63. If he steal flesh-meat, a vulture; if any sort
of fat, the water-bird madgu; if oil, a blatta, or
oil-drinking beetle; if salt, a cicada or cricket; if
curds, the bird valáca ;
6
64. If silken clothes, the bird tittiri; if woven
flax, a frog; if cotton cloth, the water-bird craun-
'cha; if a cow, the lizard gódhá; if molasses, the
· bird vágguda ;
<
C
65. If exquisite perfumes, a musk-rat; if potherbs,
a peacock; if dressed grain in any of its various
forms, a porcupine; if raw grain, a hedge-hog;
66. If he steal fire, the bird vaca; if a house-
'hold utensil, an ichneumon-fly; if dyed cloth, the
· bird chacóra ;
<
6
6
67. If a deer or an elephant, he shall be born a
wolf; if a horse, a tiger; if roots or fruit, an
ape; if a woman, a bear; if water from a jar, the
· bird
AND FINAL BEATITUDE.
417
'bird chátaca; if carriages, a camel; if small cattle, CHAP.
a goat.
6
<
6
፡
68. That man, who designedly takes away the pro-
perty of another, or eats any holy cakes not first
presented to the deity at a solemn rite, shall in-
evitably sink to the condition of a brute.
69. Women, who have committed similar thefts,
'incur a similar taint, and shall be paired with those
'male beasts in the form of their females.
<
•
70. IF any of the four classes omit, without urgent
necessity, the performance of their several duties,
they shall migrate into sinful bodies, and become
'slaves to their foes.
6
71. Should a Bráhmen omit his peculiar duty, he
'shall be changed into a demon called Ulcámuc'ha
6
6
6
<
or with a mouth like a firebrand, who devours what
has been vomited; a Cshatriya, into a demon called
Catapútana, who feeds on ordure and carrion ;
72.
<
A Vaisya, into an evil being called Maitrácsha-
jyótica, who eats purulent carcasses; and a Súdra,
' who neglects his occupations, becomes a foul im-
'bodied spirit called Chailásaca, who feeds on lice.
6
6
73. As far as vital souls, addicted to sensuality,
indulge themselves in forbidden pleasures, even to
the same degree shall the acuteness of their senses
be raised in their future bodies, that they may en-
• dure analogous pains;
6
3 H
74. And,
XII.
418
ON TRANSMIGRATION
CHAP.
XII.
6
74. And, in consequence of their folly, they shall
'be doomed as often as they repeat their criminal
acts, to pains more and more intense in despicable
'forms on this earth.
C
75. They shall first have a sensation of agony in
Támisra or utter darkness, and in other seats of
'horrour; in Asipatravana, or the sword-leaved forest,
and in different places of binding fast and of rend-
،
6
<
ing:
6
76. Multifarious tortures await them: they shall be
mangled by ravens and owls, shall swallow cakes
boiling hot; shall walk over inflamed sands ; and
'shall feel the pangs of being baked like the vessels
of a potter:
<
77. They shall assume the forms of beasts con-
tinually miserable, and suffer alternate afflictions
'from extremities of cold and of heat, surrounded
' with terrours of various kinds :
6
6
78. More than once shall they lie in different
'wombs; and, after agonizing births, be condemned
to severe captivity, and to servile attendance on
creatures like themselves:
6
79. 6
Then shall follow separations from kindred and
friends, forced residence with the wicked, painful
'gains and ruinous losses of wealth; friendships hardly
acquired and at length changed into enmities,
<
80. Old age without resource, diseases attended
• with
AND FINAL BEATITUDE.
419
'with anguish, pangs of innumerable sorts, and, lastly, CHAP.
unconquerable death.
6
.6
6
C
of mind a man
81. With whatever disposition of mind
shall perform in this life any act religious or moral,
in a future body endued with the same quality,
'shall he receive his retribution.
6
6
C
<
82. Thus has been revealed to you the system of
punishments for evil deeds: next learn those acts of
a Bráhmen, which lead to eternal bliss.
83. <
Studying and comprehending the Véda, prac-
tising pious austerities, acquiring divine knowledge
of law and philosophy, command over the organs of
sense and action, avoiding all injury to sentient
creatures, and showing reverence to a natural and
spiritual father, are the chief branches of duty
'which ensure final happiness.'
6
6
84. Among all those good acts performed in this
world, said the sages, is no single act held more
powerful than the rest in leading men to beati-
'tude?'
"
C
"
85. Of all those duties, answered BHRIGU, the
85.'Or
principal is to acquire from the Upanishads a true
knowledge of one supreme GOD; that is the most
'exalted of all sciences, because it ensures immor-
tality :
6
6
86. In this life, indeed, as well as the next, the
study of the Véda, to acquire a knowledge of GOD,
3H 2
' is
XII.
420
ON TRANSMIGRATION
CHAP.
XII.
is
is held the most efficacious of those six duties in
procuring felicity to man;
87. For in the knowledge and adoration of one
'GOD, which the Véda teaches, all the rules of good
'conduct, before-mentioned in order, are fully com-
<
6
6
prised.
88.
The ceremonial duty, prescribed by the Véda,
is of two kinds; one connected with this world,
and causing prosperity on earth; the other abstracted
from it, and procuring bliss in heaven.
<
89. A religious act, proceeding from selfish views
in this world, as a sacrifice for rain, or in the next,
as a pious oblation in hope of a future reward, is
' declared to be concrete and interested; but an act
performed with a knowledge of GOD, and without
self-love, is called abstract and disinterested.
6
6
90. He, who frequently performs interested rites,
attains an equal station with the regents of the
'lower heaven; but he, who frequently performs
'disinterested acts of religion, becomes for ever ex-
empt from a body composed of the five elements:
6
6
91. ·
Equally perceiving the supreme soul in all be-
ings and all beings in the supreme soul, he sacri-
'fices his own spirit by fixing it on the spirit of
'GOD, and approaches the nature of that sole di-
vinity, who shines by his own effulgence.
92. Thus must the chief of the twice-born, though
• he
AND FINAL BEATITUDE.
421
'he neglect the ceremonial rites mentioned in the CHAP.
Sástras, be diligent alike in attaining a knowledge XII.
of GOD and in repeating the Véda:
6
،
6
93. Such is the advantageous privilege of those,
'who have a double birth from their natural mothers
and from the gáyatrì their spiritual mother, especially
' of a Bráhmen; since the twice-born man, by per-
forming this duty but not otherwise, may soon
acquire endless felicity.
6
6
94. To patriarchs, to deities, and to mankind, the
scripture is an eye giving constant light; nor could
'the Véda-Sástra have been made by human fa-
culties; nor can it be measured by human reason
unassisted by revealed glosses and comments: this is
a sure proposition.
6
<
95. Such codes of law as are not
are not grounded on
'the Véda, and the various heterodox theories of
men, produce no good fruit after death; for they
• all are declared to have their basis on darkness..
96. All systems, which are repugnant to the Véda,
'must have been composed by mortals, and shall
soon perish their modern date proves them vain
6
6
• and false.
6
6
97. The three worlds, the four classes of men,
and their four distinct orders, with all that has
been, all that is, and all that will be, are made
'known by the Véda:
98. The
422
ON TRANSMIGRATION
CHAP.
XII.
6
6
98. The nature of sound, of tangible and visible
shape, of taste, and of odour, the fifth object of
sense, is clearly explained in the Véda alone, to-
'gether with the three qualities of mind, the births
attended with them, and the acts which they oc-
6 casion.
<
6
99. All creatures are sustained by the primeval
Véda-Sástra, which the wise therefore hold supreme,
because it is the supreme source of prosperity to
this creature, man.
6
100. Command of armies, royal authority, power
of inflicting punishment, and sovereign dominion
over all nations, he only well deserves, who per-
fectly understands the Véda-Sástra.
101. As fire with augmented force burns up even
'humid trees, thus he, who well knows the Véda,
burns out the taint of sin, which has infected his
'soul.
6
102.
He, who completely knows the sense of the
· Véda-Sástra, while he remains in any one of the
'four orders, approaches the divine nature, even
though he sojourn in this low world.
6
6
103. They who have read many books, are more
'exalted than such as have seldom studied; they
'who retain what they have read, than forgetful
'readers; they who fully understand, than such as
C
6
only remember; and they who perform their known
duty, than such men as barely know it.
•
104. De-
AND FINAL BEATITUDE..
423
6
C
104. Devotion and sacred knowledge are the best CHAP.
means by which a Bráhmen can arrive at beatitude:
XII.
by devotion he may destroy guilt; by sacred know-
ledge he may acquire immortal glory.
6
6
105. Three modes of proof, ocular demonstration,
logical inference, and the authority of those various
'books, which are deduced from the Véda, must be
'well understood by that man, who seeks a distinct
knowledge of all his duties.
6
6
6
،
6
106. He alone comprehends the system of duties,
religious and civil, who can reason, by rules of logick
agreeable to the Véda, on the general heads of that
system as revealed by the holy sages.
6
107. These rules of, conduct, which lead to su-
preme bliss, have been exactly and comprehensively
'declared: the more secret learning of this Mánava
Sástra shall now be disclosed.
6
108. IF it be asked, how the law shall be ascer-
'tained, when particular cases are not comprised un-
der any of the general rules, the answer is this:
"That, which well-instructed Bráhmens propound,
'shall be held incontestible law."
6
6
6
109. Well instructed Bráhmens are they, who can
' adduce ocular proof from the scripture itself, having
studied, as the law ordains, the Védas and their
6
' extended branches, or Védángas, Mímánsà, Nyáya,
،
• Dherma-sástra, Puránas:
110. A point of law, before not expressly revealed,
• which
424
ON TRANSMIGRATION
XII.
6
CHAP. which shall be decided by an assembly of ten such
'virtuous Bráhmens under one chief, or, if ten be
not procurable, of three such under one president,
'let no man controvert.
111. The assembly of ten under a chief, either the
king himself or a judge appointed by him, must
'consist of three, each of them peculiarly conversant
with one of the three Védas, of a fourth skilled
in the Nyaya, and a fifth in the Mímánsà philoso-
phy; of a sixth, who has particularly studied the
· Niructa; a seventh, who has applied himself most
assiduously to the Dherma-sástra; and of three uni-
versal scholars, who are in the three first orders.
<
6
112. One, who has chiefly studied the Rigvéda, a
'second, who principally knows the Yajush, and a
third best acquainted with the Sáman, are the assem-
bly of three under a head, who may remove all
'doubts both in law and casuistry.
6
6
<
6
6
6
113. Even the decision of one priest, if more can-
not be assembled, who perfectly knows the princi-
ples of the Védas, must be considered as law of the
highest authority; not the opinion of myriads, who
have no sacred knowledge.
114. C
Many thousands of Bráhmens cannot form a
legal assembly for the decision of contests, if they
have not performed the duties of a regular student-
ship, are unacquainted with scriptural texts, and
'subsist only by the name of their sacerdotal class.
115. The
<
•
AND FINAL BEATITUDE.
425
6
6
6
XII.
115. The sin of that man, to whom dunces, per- CHAP.
vaded by the quality of darkness, propound the
law, of which they are themselves ignorant, shall
pass, increased a hundred-fold, to the wretches who
propound it.
•
116. This comprehensive system of duties, the
'chief cause of ultimate felicity, has been declared
6 to you;
and the Brahmen, who never departs from
it, shall attain a superiour state above.
6
6
117. THUS did the all-wise MENU, who possesses
'extensive dominion, and blazes with heavenly splen-
dour, disclose to me, from his benevolence to man-
kind, this transcendent system of law, which must
be kept devoutly concealed from persons unfit to
• receive it.
6
6
<
6
118. LET every Bráhmen with fixed attention con-
sider all nature, both visible and invisible, as exist-
ing in the divine spirit; for, when he contemplates
'the boundless universe existing in the divine spirit,
¿
' he cannot give his heart to iniquity:
<
6
119. The divine spirit alone is the whole assem-
blage of gods; all worlds are seated in the divine
spirit; and
and the divine spirit no doubt produces,
by a chain of causes and effects consistent with free-
will, the connected series of acts performed by im-
'bodied souls.
6
C
•
120. He may contemplate the subtil ether in the
'cavities of his body; the air in his muscular motion
· and
3 I
426
ON TRANSMIGRATION
CHAP. and sensitive nerves; the supreme solar and igneous
light, in his digestive heat and his visual organs;
XII.
6
'
6
in his corporeal fluids, water; in the terrene parts
' of his fabrick, earth;
6
<
6
121. In his heart, the moon;
in his auditory
-
nerves, the guardians of eight regions; in his pro-
gressive motion, VISHNU; in his muscular force,
'HARA; in his organs of speech, AGNI; in excretion,
MITRA; in procreation, BRAHMA":
<
6
122. But he must consider the supreme omnipre-
'sent intelligence as the sovereign lord of them all,
by whose energy alone they exist; a spirit, by no
means the object of any sense, which can only be
' conceived by a mind wholly abstracted from matter,
and as it were slumbering; but which, for the pur-
6
6
·
<
6
6
pose of assisting his meditation, he may imagine
more subtil than the finest conceivable essence, and
L more bright than the purest gold.
<
123. Him some adore as transcendently present
in elementary fire; others, in MENU, lord of crea-
tures, or an immediate agent in the creation; some,
' as more distinctly present in INDRA, regent of the
clouds and the atmosphere; others, in pure air;
others, as the most High Eternal Spirit.
6
124. It is He, who, pervading all beings in five
' elemental forms, causes them by the gradations of
'birth, growth, and dissolution, to revolve in this
C
world, until they deserve beatitude, like the wheels of
a car
<
125. Thus
AND FINAL BEATITUDE.
427
6
6
6
6
XII.
P.7
125. Thus the man, who perceives in his own soul CHAP.
the supreme soul present in all creatures, acquires
equanimity toward them all, and shall be absorbed
at last in the highest essence, even that of the Al-
mighty himself.'
126. HERE ended the sacred instructor; and every
twice-born man, who, attentively reading this Má-
nava Sástra, promulgated by BHRIGU, shall become
habitually virtuous, will attain the beatitude which he
seeks.
312
GENERAL NOTE.
THE learned Hindus are unanimously of opinion,
that many laws enacted by MENU, their oldest re-
puted legislator, were confined to the three first ages
of the world, and have no force in the present age,
in which a few of them are certainly obsolete; and
they ground their opinion on
their opinion on the following texts,
which are collected in a work entitled, Madana-ratna-
pradípa.
I. CRATU In the Cali-age a son must not be be-
gotten on a widow by the brother of the deceased
husband; nor must a damsel, once given away in
marriage, be given a second time; nor must a bull
be offered in a sacrifice; nor must a water-pot be
carried by a student in theology.
II. VRIHASPATI : 1. Appointments of kinsmen to beget
children on widows, or married women, when the hus-
bands are deceased or impotent, are mentioned by the
sage MENU, but forbidden by himself with a
with a view
to the order of the four ages: no such act can be
legally done in this age by any others than the hus-
band.
2. In the first and second ages men were endued
with
}
429
GENERAL NOTE.
with true piety and sound knowledge; so they were
in the third age; but in the fourth, a diminution of
their moral and intellectual powers was ordained by
their Creator :
3. Thus were sons of many different sorts made by
ancient sages, but such cannot now be adopted by
men destitute of those eminent powers.
III. PARA'SARA: 1. A man, who has held intercourse
with a deadly sinner, must abandon his country in
the first age; he must leave his town, in the
cond; his family, in the third age; but in the fourth
he needs only desert the offender.
se-
2. In the first age, he is degraded by mere con-
versation with a degraded man; in the second, by
touching him; in the third, by receiving food from
him; but in the fourth, the sinner alone bears his
guilt.
IV. NA'RADA: The procreation of a son by a brother
of the deceased, the slaughter of cattle in the enter-
tainment of a guest, the repast on flesh-meat at fu-
neral obsequies, and the order of a hermit, are for-
bidden or obsolete in the fourth age.
V. Aditya purána: 1. What was a duty in the first
age, must not, in all cases, be done in the fourth;
since, in the Cali-yuga, both men and women
addicted to sin:
are
2. Such
430
GENERAL NOTE.
ชิ
2. Such are a studentship continued for a very long
time, and the necessity of carrying a water-pot, mar-
riage with a paternal kinswoman, or with a near ma-
ternal relation, and the sacrifice of a bull,
3. Or of a man, or of a horse and all spirituous
liquor, must, in the Cali-age, be avoided by twice-
born men; so must a second gift of a married young
woman, whose husband has died before consummation,
and the larger portion of an eldest brother, and pro-
creation on a brother's widow or wife.
VI. Smriti: 1. The appointment of a man to beget
a son on the widow of his brother; the gift of a
young married woman to another bridegroom, if her
husband should die while she remains a virgin;
2. The marriage of twice-born men with damsels not
of the same class; the slaughter, in a religious war,
of Bráhmens, who are assailants with intent to kill;
3. Any intercourse with a twice-born man, who has
passed the sea in a ship, even though he have per-
formed an expiation; performances of sacrifices for all
sorts of men; and the necessity of carrying a water-
pot
4. Walking on a pilgrimage till the pilgrim die; and
the slaughter of a bull at a sacrifice; the acceptance
of spirituous liquor, even at the ceremony called Sau-
trámani ;
5. Receiving
GENERAL NOTE.
431
-
5. Receiving what has been licked off, at an obla-
tion to fire, from the pot of clarified butter; entrance
into the third order, or that of a hermit, though or-
dained for the first ages;
6. The diminution of crimes in proportion to the
religious acts and sacred knowledge of the offenders;
the rule of expiation for a Bráhmen extending to
death;
7. The sin of holding any intercourse with sinners;
the secret expiation of any great crimes except theft;
the slaughter of cattle in honour of eminent guests
or of ancestors;
8. The filiation of any but a son legally begotten
or given in adoption by his parents; the desertion of
a lawful wife for any offence less than actual adul-
tery:
9. These parts of ancient law were abrogated by
wise legislators, as the cases arose at the begin-
ning of the Cali-age, with an intent of securing man-
kind from evil.
On the preceding texts it must be remarked, that
none of them, except that of VRIHASPATI, are cited
by CULLU'CA, who never seems to have considered any
other laws of MENU as restrained to the three first
ages; that of the Smriti, or sacred code, is quoted
without the name of the legislator; and that the pro-
hibition, in any age, of self-defence, even against
Bráhmens,
432
GENERAL NOTE.
?
: Bráhmens, is repugnant to a text of SUMANTU, to the
precept and example of CRISHNA himself, according to
the Mahábhárat, and even to a sentence in the Véda,
by which every man is commanded to defend his own
life from all violent aggressors.
NOTES.
CHAP. I.
Verse 15. In Hindu metaphysicks, the five perceptions of sense
imply, the sight as referable to the eyes, the hearing to the ears,
the scent to the nose, the taste to the tongue, and the touch to
the skin. By 'the five organs of sensation' (sense?), are intended
the hand, the foot, the voice, the organ of generation, and that
of excretion. The commentator identifies what is mentioned here
with what is said Chap. II. verses 90 and 91; but the difference in
the denominations would lead to a doubt whether the same ob-
jects are intended in the two places; for in the latter verses the
first class are termed organs of sense,' and the second
organs of
action.' Were it not for this interpretation of the passage, Chap.
I. verse 15, by the Hindu commentators, I should be inclined to
translate the hemistich thus: and the five organs of sense, and
the five senses gradually.'
'
·
In the twelfth chapter and the fiftieth verse, Sir William Jones
has mentioned the agreement of the system of theogony and cos-
mogony of MENU with that of CAPILA, the reputed founder of
the Sánc'HYA, or sceptical school of philosophy. The essay
given by Mr. Colebrooke on this branch of Hindu metaphysicks,
in the first volume of the Transactions of the Royal Asiatic So-
ciety, is a real favour to all who take an interest in so important
a link between ancient and modern opinions. The notices on the
same subject, to be found at the end of Dr. Taylor's translation
of the Prabód'ha-chandródaya, were too scanty to do more than
excite a wish that some one competently versed in the philosophi-
cal opinions of Europe and Asia would undertake the task.
3 к
While
434
NOTES.
While that given by the late Mr. Ward in his account of
the Hindus, is evidently too hastily prepared to give any, but
a general impression of the very curious and interesting do-
cuments of ancient Hindu civilization and refined speculation.
Neglected as these matters have heretofore been, it must prove
highly satisfactory to every Sanscrit scholar that the philosophy
of the Hindus has found so able an expositor as Mr. Colebrooke.
It is to be hoped, that he will complete what he has so well
begun, by affording the world the means of judging of the other
schools in which are contained the philosophical speculations of
a portion of the human race so anciently civilized as the Hindus;
and whose literature is impressed with characteristick features, that
are ample pledges of its antiquity and originality.
C
CHAP. II.
Verse 25. The word universe,' has, by an errour of the press,
been printed in Italick instead of Roman letters, as it originally
stood in Sir W. Jones's works. It may not be uninteresting to
observe, that the word sarva, employed here to signify the
universe, in its original and primary sense implies all, or the
whole. Hence it is employed as an epithet of SIVA, as well as
of VISHNU, by the worshippers of those Gods, agreeably to the
Hindu doctrine, that contemplates the universal whole through any
one of its multiform parts. In the account given in Enfield's
History of Philosophy*, it will be seen that ZARVA was the chief
of all the Gods among the Persians, and produced the good and evil
principles, or HORMISDA and SATANA. I think, from the evident
connexion between the religious systems of the Persians and the
Hindus, the identity of the god ZARVA and the SARVA of India
must be incontestible; and we are thus enabled to take a new and
most
* Vol. I. p. 64.
NOTES.
435
most accurate view of the real nature of the Magian religion.
In it we find the same prevailing idea common in all the theogonies
of the ancients, namely, the finite nature of their gods, and their
subordinate rank, as the personifications or the powers of the
boundless whole, that is, of nature. Moses Chorenensis speaks of
the same mythological character under the name of ZEROVAN. An-
quetil du Perron in his Zend Avesta,* likewise mentions ZERVAN,
whom he considers as time personified; but the sense of the
word Sarva or Sarvam enables us at once to find a clue to the
real nature of the chief of all the Gods.' Good and evil were,
under this point of view, the inevitable results or offspring of
material existence; and the pantheism which saw God in all, by the
language of personification, made Sarva, or the whole, the parent
of the two principles, which were named HORMISDA and SATANA.
41. Sana is both hemp (Cannabis sativa), and Bengal san, a
plant from which a kind of hemp is prepared, viz. crotolaria
juncea, and other kinds.
Cshumà, is the linum usitatissimum.
42. Munja is a sort of grass (saccharum munja).
Múrvá is a sort of creeper, from the fibres of which bow-
strings are made, (Sanseviera zeylanica).
43. Cusa is a species of grass used in many solemn and religious
observances, hence called sacrificial grass (Poa cynosuroides).
The Asmántaca does not occur in the dictionaries.
The Valvaja is a sort of grass (saccharum cylindricum).
45. The Vilva is a fruit-tree, commonly named Bél (Ægle
marmelos).
The Palása is the Butea frondosa.
The Vata is the Ficus Indica.
C'hadira is a tree, the resin of which is used in medicine,
khayar or catechu (Mimosa catechu).
The Vénu is the bamboo, but the text says the Pílu, which is
either
3 K 2
* Tom. II. 90. n. 2.
436
NOTES.
either the Careya arborea or the Salvadora Persica. It likewise
implies the stem of the palm-tree.
The Udumbara is the glomerous fig-tree (Ficus glomerata).
87. The learned translator has, in conformity with the view
of his commentator, varied in translating the sentence maitra
bráhmena uchyaté, which occurs again in Chap. XI. v. 35.
C
The
99. As water flows through one hole of a bottle.'
original is more expressive, and alludes to the custom of car-
rying water in goat-skins in India. The skin is sewed together
again, just as taken off the animal, and one of the feet is left
open for the purpose of filling and emptying the skin, which is
carried on a man's back; the foot for use being firmly grasped
by the hand of the carrier, who thus distributes the water at
his pleasure. Hence the passage would be more exactly rendered
as water from one foot of a skin.'
•
113. The expression should rather die with his learning,'
would be more exactly rendered should rather willingly die
with his learning.'
<
'
142. Instead of father' the text reads brahmen,' but the
comment favours Sir W. Jones's translation; yet v. 144 inclines
to the latter interpretation.
156. The word viduh, which the translator has rendered in the
past, is most commonly employed in a present sense, which is
required in this verse. See Mr. Wilkins' grammar, page 174,
Rule 196.
CHAP. III.
6
Verse 24. In the original we have cavayó viduh, poets, i. e.
legislators consider' and not some consider.'
x
•
34. That sinful marriage' should have been that most
sinful marriage.'
44. The
NOTES.
437
44. The word pratóda rather implies a goad used to compel
oxen, than a whip.
It may be remarked, that there seems to be some difficulty
in reconciling the allusion in this verse of a Súdrà marrying a
priest, when we find the prohibition so strong in verses 13, 14, 15,
and 16 of this chapter. The text clearly intends a marriage with
a Bráhmen by the expression utcrishté védé in the highest
marriages.'
76. I have been particular in marking the words of this verse
in Italick letters, as the translation is very paraphrastical. In-
deed the original verse, which will be found exactly in the Roman
letters, conveys in the latter part the exact germ of the doctrine
which has been so ably handled of late by an eminent writer,
namely, the dependence of population upon sustenance.
123. The words of the Pitris,' should follow the monthly
sráddha.
133. Spears' should be included with iron balls' as among
the number of things to be swallowed in the next world, by the
giver of the sráddha.
158. It is not the mountain-rue, but the swallow-wort (the
Asclepias acida).
6
261. The word purastát, which I find in the MSS. as well as
in the Calcutta edition, implies before,' therefore we should
before the repast,' and not after the repast.'
read
"
270. Though the learned translator has rendered the word
sasa by rabbits or hares,' yet I think there is a reasonable doubt
whether the rabbit came within the contemplation of the law-
giver, as such an interpretation is not given even by the com-
mentator. As far as my experience goes, it is decidedly
against the supposition that the rabbit is indigenous in India.
The opinion of the natives is clear from their designating them
• wiláyatí khargósh,' Foreign or English hares.' But I have
the authority of the two most eminent oriental scholars in
6
this
438
NOTES.
this country for the same opinion, and one of them suggests,
with great justice, that it may perhaps be found in the mountain
districts to the north of India, though it be unknown to the
inhabitants of the plains.
272. The potherb cálasáca is not found in the dictionaries.
The mahásalka is the shrimp or prawn.
'
CHAP. IV.
6. The meaning of satyánrita,' is truth and falsehood,'
by which commercial dealings are not unaptly designated; there
being necessarily a mixture of both in such transactions.
"
47. The passage on the bank of a river,' would be more
exact if rendered on reaching the bank of a river.'
49. I have ventured to alter the word 'potherb' into 'potsherd,'
which I think must have been the word intended by the translator.
The selection of potherbs, for the purpose noticed, carries with it
something ridiculous, the sole intention of the injunction being
to preserve the earth from contamination. The original passage
is cásht' ha-lóshta-patra-trinádina,' 'with wood, clods, leaves,
grass, and the like.'
52. The words in water,' should be inserted, and then the
passage will read in water or against a twice-born man.'
C
68. Here, as in v. 44 of Chap. III. the word pratóda should be
rendered 'goad,' and not whip.'
C
69. The sun in the
sign canya.' Canya, in its general
sense, means a virgin, and here designates the sign VIRGO.
74. We should here read, let him not himself put off his
sandals with his hand.'
82. The verb na candúyét' implies (as coming from the root
candú, 'itch') 'let him not scratch his head with both hands,'
instead of let him not stroke, &c.'
90. Among
NOTES.
439
90. Among the list of places of future punishment here
enumerated, I have in the Sanscrit text adopted, on the authority
of other Mss. that of Lóhadárica' or iron-pincers,' instead of
• Lóhángárica' or 'the pit of red hot charcoal,' By iron-
pincers' I suppose a place of torment where the damned are
continually tortured by being torn with iron-pincers.
'
<
129. The word repeatedly' should be here added, and the
passage will then stand nor repeatedly with many clothes.'
such practice gives desirable offspring'
156. The
The passage
has been omitted by the translator, and should immediately follow
the first sentence.
168. The same idea that is found in this couplet, will be seen
in Chap. XI. v. 208.
Beauty has
230. A giver of silver, exquisite beauty.'
been assigned as the reward for a gift of silver, apparently
because it made a sort of pun; rúpya implying both silver
and beautiful. Similar cases occur throughout the work, in
which a play upon words has been allowed, when no solid rea-
son could be assigned for any other allotment of rewards or
punishments. In the twelfth chapter many such are to be
observed.
243. This verse has not been translated with the same felicity
and exactness which distinguish the rest: perhaps it might
be rendered more in consonance with the general spirit of the
version thus (See v. 167. Chap. II.):
66
Yes, verily! Sovereign virtue instantly conducts the man
whose sins have been expiated by penance, to the higher
world, with a radiant and etherial body."
CHAP.
440
NOTES.
CHAP. V.
6. The sélu is the cordia myxa.
11. The tittibha is the Parra jacana or goensis.
12. The plava, is both the diver and a sort of duck, (Wilson);
and Mr. Wilkins considers it the same as the plover.
The chacraváca is the ruddy goose, familiarly known in India
by the name of Bráhmany duck or goose (Anas casarca).
The sárasa is the Indian crane.
The rajjuvála is not found in the dictionaries.
wood-
The dátyúha which Sir William Jones has translated
pecker,' is rendered a gallinule' by Mr. Colebrooke in the
Amera Cósha, to which Mr. Wilson adds in his Dictionary,
the chátaca, a sort of cuckoo.' The chátaca is specified by
Mr. Colebrooke to be the cuculus melano-leucus.
It is worthy of remark, that the sáricá, which Sir William
Jones renders female parrot, is actually a species of jay (gracula
religiosa). By a similar connexion, the sáricá is fixed upon as
a suitable mate for the parrot in the Bengálí Tales of a Parrot.'
Are we here to suppose, for the purpose of reconciling this
apparent inconsistency, that the word sáricá is familiarly applied
to the female parrot, though unnoticed in such a sense by the
dictionaries?
13. The coyashti is the lapwing.
"
14. Sir William Jones has omitted to render the baláca, which
should have been inserted between the heron, the raven,' and
which Mr. Wilson renders a sort of crane.'
The word which Sir William Jones writes c'hanjana, as it is
given in the comment, is spelt c'hanjaritaca in the text.
the one or the other is found in the dictionaries.
Neither
16. The páť'hina is the sheat-fish (Silurus pelorius. Buchannon
Mss.).
The
NOTES.
441
The róhita is familiarly known as the róhi-fish (cyprinus denti-
culatus).
The rájíva is a large fish (cyprinus niloticus. Buchannon.)
The sinhatunda (lion-faced) is not noticed in the dictionaries.
The sasalká is likewise unmentioned in the dictionaries; but
CULLÚCA in his comment on the Mahásalka, Chap. III. v. 272, iden-
tifies these fish with one another: it is therefore the shrimp or
prawn.
18. I am happy to be able to quote the words of an eminent
orientalist, as explanatory of the proper import of the passage
the lizard gódhá, the gandaca.'
The first of which, namely,
the gódhá, not being the lizard or iguana.'
"With deference I wish to correct the translation of a verse of
MENU relating to this subject. In his interlineary version, Sir
William Jones has translated chadga rhinoceros, which is the
undoubted meaning of the word. I can assign no reason for
his substituting the Sanscrit word gandaca, which is another
name for the rhinoceros. In the same version, Sir William Jones
translated gódhá, iguana; I am led to understand by that term
the gódhica, or lacerta gangetica, named góhí and gariál in the
vulgar dialects of Bengal; the iguana is in Sanscrit called
gaud'héra, gaud'hara, gaud'héya, and gód'hicátmaja, which lite-
rally signifies offspring of the lacerta gangetica. May I add,
that this species of alligator has been ill-described by European
naturalists; and through a strange mistake, has been called the
open-bellied crocodile." A Digest of Hindu Law, translated by
H. T. Colebrooke, Esq. Vol. III. p. 345, note.
The interlineary version alluded to by Mr. Colebrooke, was
made by Sir William Jones in his own copy of the original text.
The reason why Sir William Jones substituted gandaca for the
original word chadga, arose, probably, from that word being
adopted by CULLÚCA in his comment upon the text: a practice
repeatedly followed by Sir William Jones; as the commentator
3 L
has
442
NOTES.
has generally given those terms which are most sanctioned by
familiar usage. It must be likewise borne in mind, that at the
period when the translation was made, many of the commonest
objects of natural history had not been identified with their San-
scrit designations.
The rabbit and hare:' see note on Chap. III. v. 270.
20. The nature of the penance sántapana may be seen in
v. 213, Chap. XI.
An explanation of the chandrayana penance will be found in
v. 217 and 218, Chap. XI.
21. The penance prájápatya is given in v. 212 of the eleventh
chapter.
•
25. The term chirastit'ham stale,' which qualifies every article
enumerated, has not been rendered by the translator.
•
63. The translator has followed the comment rather than the
text, in translating the last hemistich of this verse, but after
begetting a child on a parapúrvá, he must medidate three days
on his impure state.' The text is more general, being after
any seminal connexion, &c.' For an explanation of parapúrvá
see v. 163 of this chapter.
C
•
66. The translator, in rendering the word rajas by blood,' has
made the legislator adopt a vulgar prejudice to which he was
superiour. That word does not mean blood, but, according to
the Hindus, the fructifying medium: they apply it equally to
the pollen of a flower, or the monthly secretion of a female ;
both being indispensable to precede production, the one in all
vegetable, and the other in the human and in some animal bodies.
One of the terms by which this appearance is known in Sanscrit,
viz. pushpa a flower, will strikingly support the idea of an ancient
connexion between the popular opinions of the Gothick and
Hindu nations.
71. Every manuscript I have been enabled to consult reads
C
"
one,' and not three days of impurity.'
83. The
NOTES.
443
83. The evident order of progression would be sufficient to
point out an errour in the number five. The Mss. all say fifteen,
agreeably to which the text has been restored, as there is no
doubt the errour is the effect of a mere oversight, perhaps of the
printer. This is likewise the opinion of Mr. Colebrooke, Hindu
Digest, Vol. II. p. 457.
134. The injunction does not apply to vessels contaminated,
as here mentioned, but to persons after performing any of the
natural wants. Indeed, the latter part of the injunction clearly
shews that personal purity was the object of the notice.
CHAP VI.
Verse 14. The b'hústrina is a fragant grass (andropogon
schoenanthus).
The sigruca is a potherb not yet specified, and is not in the
dictionaries. It is different from the sigru, a tree (morunga
guilandina and hyperanthera).
The sléshmátaca appears to be the same mentioned by Mr. Wil-
son under the form sléshmáta, a small tree (cordia myxa).
67. The cataca is the clearing-nut plant (strychnos potatorum).
One of the seeds of the plant being rubbed on the inside of the
water-jars used in Bengal, occasions a precipitation of the earthy
particles diffused through the water. Wilson.
C
77. Instead of the quality of darkness,' we should read the
quality of passion,' as the original word is rajaswalam, 'possess-
ing the quality of passion.'
3 L 2
CHAP.
444
NOTES.
"
CHAP. VII.
Verse 3. The learned translator seems to have understood the
word vidruté as in the present tense of the middle voice, instead
of being the prefect participle employed in the ablative absolute
to agree with lóké, on (this) world.' Perhaps the following will
be a more literal interpretation of the verse, which is curious, as
shewing the ancient opinion of the Hindus as to the origin of
sovereignty :
"Since this world, on being destitute of a king, quaked on all
sides, therefore the Lord created a king, for the maintenance of
this system (locomotive and stationary).”
6
6
111. The words 'ere long' should be read before deprived,'
and the passage will then stand (will) be ere long deprived both
of his kingdom and life.'
118. Wherever wood is mentioned here, it is always for the
purpose of fuel. The original word, indhana, means fuel: i. e.
wood, grass, &c. used for that purpose.
119. There appears to be an errour here; for the text states
that the lord of twenty' is to have five cula, each cula consist-
ing of two ploughed lands; therefore, as the lord of ten villages
is to enjoy the produce of two ploughed lands, the lord of twenty
villages should have that of ten and not five ploughed lands.
126. Though the errour of the legislator, in assigning a spe-
cifick sum of money as a remuneration of service, is similar to
what our own institutions afford many examples, yet it could not
have been attended with so many disadvantages in India as with
us, even had the specification been for other servants besides
those of a king; firstly, because even for a long course of ages
there seems to have been but little variation in the value of ex-
changeable produce; and secondly, because the wages were to
be accompanied with a certain quantity of grain, apparently
sufficient for the servant's maintenance.
One
NOTES.
445
One pana of copper is at present the equivalent of eighty
cowries, and appears to be the original of the fanam now in cur-
rent use at Madras. In Chap. VIII. v. 136, it is laid down that
a cárshápana weighs eighty racticàs. The ractica is the seed of
the abrus precatorius, and weighs one grain five-sixteenths. The
commentator considers the cárshápana and the pana as equal or
equivalent to one another.
A dróna implies two different measures at the present day its
capacity is either one or four áď'haca. Now to determine which
of these is meant we must be guided by the quantity. An
áď'haca is a measure of grain, weighing seven pounds, eleven
ounces avoirdupois. This would be clearly insufficient to sustain
a man and his family during a month; and we must therefore
suppose, if either of the present assignable quantities were those
contemplated by the legislator, that it must be the larger one,
containing thirty pounds, twelve ounces avoirdupois. As rice is
mentioned in the text, it would support more persons than could
be effected by any other grain; yet still it seems, if we have the
right capacity of the dróna, but very poor pay to allow even
the lowest servant of a king but little better than one pound of
rice each day. I cannot help thinking, therefore, that the dróna
must have been larger in ancient times than either of the two
measures already specified. It is likewise to be remembered, that
the pana which was to accompany it, would hardly have been
sufficient to have purchased the necessary condiments that must
be eaten with the rice, to make it either wholesome or nutritious.
Since writing the foregoing remarks, I find that Mr. Carey in
his Bengali Dictionary, states that the ád'haca varies in capacity, but
is considered to be equal to two mans in the neighbourhood of Cal-
cutta. The bazar man being equal to eighty pounds, the dróna would
consequently contain six hundred and forty pounds, if it consist-
ed of four such ád'haca; and would be equivalent to about twenty-
one pounds of rice per diem. In the Indian Algebra, translated
by
446
NOTES.
by Mr. Colebrooke (page 3), it is stated that a c'hárí of Magadha,
contains a solid cubick foot, and that a dróna is the fourth part
of a c'hárí. All that can be learnt from these clashing authorities,
is the uncertainty of the real capacity of the dróna in ancient times.
195. By wood is meant fuel. See note on v. 118 of this
chapter.
'
•
202. The words and his nobles' should have followed the
new prince;' we must therefore read, and let him gratify the
new prince and his nobles with gems, and other precious gifts.'
CHAP. VIII.
•
Verse 77. The words even' and 'pure' are omitted here;
and the passage will accordingly read, and will have more
weight than even many pure women.'
156. Considerable difficulty attends the interpretation of this
verse.
Sir William Jones renders chacravridd'hi safe carriage.'
The word has been before used in these Institutes in the sense
of compound interest, which is its usual import. Mr. Colebrooke,
in his translation of the DIGEST, gives a gloss of ChandÉswara as
well as that of CULLÚCA: both are here subjoined.
•
"Who has agreed on the place and time,' is thus expounded
on the authority of CHANDÉSWARA: the debtor says, I will pay
the debt at such a place, and at such a time;' and the creditor
assents to that proposal. Such a creditor is a lender at wheel-
interest (compound interest), having bargained for interest of
that description. If he pass that place and time, if he do not
go to that place at that time, the creditor shall not receive such
interest, namely, wheel-interest: of course he must receive back
the sum lent without interest. Hence, even should interest pre-
scribed by the law be stipulated for a certain time and place,
it shall not be received by the creditor if he do not attend at
that
NOTES.
447
that place and time: for that small omission annuls legal in-
terest.
"But CULLÚCA BHATTA expounds the text otherwise: theterm
'wheel' denotes the use of a wheel-carriage, or the like. A
lender who has accepted that by way of interest, and has agreed
on the place and time; for instance, he has agreed, that a journey
to Váránasí, or the use of a carriage for the year, shall be the
only interest:' in such a case, if the debtor fail in time and
place, if he do not carry goods to Váránast, or do not carry goods
during the year, he shall receive the benefit, that is, the whole
hire of the carriage: consequently, the whole interest is undis-
charged."* Hindu Digest, Vol. I.
p. 361.
193. The word 'publickly' should be inserted in the last clause
of this verse, and the passage will then read, be publickly
punished by various degrees of whipping or mutilation, or even by
death.'
C
234. The word róchand, which the translator interprets the
liquor exuding from their foreheads,' may be equally rendered
'the concrete bile of the cow,' which is used as a yellow pig-
ment.
246. Instead of the names which occur in the text, the trans-
lator has substituted in some instances the more familiar Sanscrit
terms by which they are generally known. Thus, for nyagród'ha,
he has given vata: both imply the ficus Indica. And for as-
watt'ha, he writes pippala: they are the same tree, viz. ficus
religiosa. The palása is likewise substituted for the cinsuca, a
tree bearing beautiful red blossoms, and hence often alluded to
by the poets: they are both known as butea frondosa.
The sálmali is the silk-cotton tree (bambu heptaphyllium).
The sála is the shorea robusta.
By
* Note on the above by Mr. Colebrooke. "The translation (of the text) which
I quote unaltered, varies from both comments."
448
NOTES.
By the tála is most probably meant the palmyra-tree, or fan-
palm (borassus flabelliformis). It likewise implies a species of the
mountain palm (corypha taliera).
Of the two names brought in from the comment as abounding
in milk, the first or udumbara is the glomerous fig-tree (ficus
glomerata), and the second or vajradru implies the various species
of euphorbia.
247. By vénu are intended all the varieties of the bamboo.
Sami is the name for two plants; viz. the sami-tree or mimosa
suma, and a shrub (serratula anthelmintica).
The sara is a sort of reed or grass (saccharum sara).
In Mr. Wilson's Dictionary the cubjaca is mentioned as an
aquatick plant (trapa bispinosa), this is not therefore likely to be
the one alluded to in this verse; and we may therefore suppose it
is the same as the cubja (achyranthes aspera). The attributive
affix ca being often subjoined at pleasure.
C
268. There is a mistake in the number five hundred,' which
is out of all proportion when compared with the other fines: all
the Mss. state'fifty.' The mistake is easily accounted for, by
remembering how very similar the word panchasat is to panchásat,
there being but the difference of a long and short vowel between
them.
"
289. The words flowers, roots, and fruits,' have been omitted
in the translation, and should have followed the words wood or
clay.'
299. In opposition to the dictum of the lawgiver, I feel happy
in borrowing a note of Mr. Colebrooke's on this very verse.
"May I quote a maxim of no less authority? Setáparádhair
anitám pushpénápi ne táďyét; strike not, even with a blossom, a
wife guilty of a hundred faults." Hindu Digest, Vol. II. p. 209.
359. Instead of a man of the servile class,' the text reads
'(a man) not a brahmen.' The translator has followed CULLÚCA'S
comment.
375-
NOTES.
449
375-377. I think the employment of the word 'priestess'
hardly admissable, as nothing more is intended by the word
bráhmenì than a female bráhmen, or the wife of a bráhmen. By
the word priestess I am led to understand a female constituted to
direct or perform the offices of religion. By a reference to v. 18,
Chap. IX. it will be seen that women can have nothing to do
with the offices of religion. See likewise v. 155, Chap. V.
CHAP. IX.
Verse 108. I am supported by Mr. Colebrooke's authority in
reading the first hemistich of this verse, As a father should
support his sons, so let the first-born support his younger brothers,'
&c. Mr. Colebrooke thinks that Sir William Jones must have
read pitaiva instead of pitéva.
242. The translator has followed the commentator, in reading
'shall be corporally or even capitally punished, according to cir-
cumstances. The original simply decrees banishment as the pu-
nishment of the crime specified in the preceding verses.
CHAP. XI.
Verse 25. The bhása is explained to be a vulture, and not a
kite, by Mr. Wilson.
49. The colour syáva has been before rendered 'black-yellow'
by the translator in v. 153, Chap. III.: here he simply translates
it 'black.' It is a matter of little or no consequence, but the
colour is generally interpreted brown. In MENU it is only em-
ployed to describe the teeth.
90. Instead of this is no expiation,' the original reads 'no
expiation is decreed,' &c.
3 M
136. It
L
450
NOTES.
*
ܼܝ
136. It has just been remarked in the note on v. 25, that bhása
is rendered vulture by Mr. Wilson.
Instead of if priests have accepted any property from base
hands,' we should read if priests have acquired any property by
infamous actions.'
"
260. The Mss. state that the sinner should plunge thrice a
day,' and not twice a day,' as perhaps was in Sir William Jones's
copy, which he seems to have followed.
CHAP. XII.
The variations from the text in this chapter of the translator's
version consist more in amplifications, owing to the translator having
followed the comment, and not so much in any verbal differences.
It will be evident, therefore, that no notice could be given of
them that would not have swelled these remarks beyond the space
they were intended to occupy. It will be sufficient for the mere
English reader to know, that the general sense of the original has
been faithfully rendered by the translator.
THE END.
MAY 1 4 1917
LONDON:
PRINTED BY COX AND BAYLIS, GREAT QUEEN STREET.
ERRATA.
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