15

15. A Kshatriya who reviles a Brahman must

difference in the culpability of the two parties, their punishment shall be equal. Viramitrodaya, p. 472. Read p^rvam.

II. ^vapaka, literally ' dog-cooking,' is the name of a particular degraded tribe, whose only office is to act as public executioners. Meda is the name of another mixed caste. A!a«</alas are the lowest caste of all, see XII, 113. The Nepalese MS. and the commentaries read shaw^/^^a, ' a eunuch,' instead of Meda.

12-14. When a -Svapaka or the like should have insulted an Arya or member of the three higher castes, honourable men shall be entitled to punish them in person. When the (honourable men) are unable to do so, the king shall punish them; but he must not confiscate their property. Viramitrodaya, p. 472.

15-17. Nearly identical with Manu VIII, 267-269.

pay one hundred (Pa/^as) as a fine. A Vai^ya (must pay) one and a half hundred, or two hundred. A vSudra deserves corporal punishment.

1 6. A Brahman shall be fined fifty {Pa;2as) for calumniating a Kshatriya; in the case of a Vai^ya, the fine shall be half of fifty (i. e. twenty-five); in the case of a ^Stidra, (it shall amount to) twelve (Pa;^as).

17. When a twice-born man offends against a member of his own caste, (he shall pay) twelve (Pa;^as as a fine). When he utters calumnies which ought never to be uttered, the fine shall be twice as high.

18. Even he who in accordance with fact (con- temptuously) calls another man one-eyed, lame, or the like (names), shall be fined by the king not less than one Karshapa;^a.

19. One must not tax with his offence a man who has done penance according to law, or who has re- ceived due punishment from the king. By transgress- ing this rule one becomes liable to punishment.

20. Two persons, a Brahman and a king, are de- clared to be exempt from censure and corporal punishment in this world; for these two sustain the visible world.

*2i. One who calls an outcast an outcast, or a thief a thief, is equally criminal with those whom he taxes (with their offence). (If he reproaches them) without reason, he is twice as guilty as they are.

1 7. According to the commentators of Manu, the term * calumnies which ought never to be uttered ' has to be referred to insinuations against the honour of a man's mother, sisters, or other female relatives. See Professor Biihler's note on Manu VIII, 269.

18. Manu VIII, 274; Ya^iiavalkya II, 204.

2 2. A once-born man (or 6'udra), who insults members of a twice-born caste with gross invectives, shall have his tongue cut out; for he is of low origin.

23. If he refers to their name or caste in terms indi- cating contempt, an iron rod, ten Arigulas long, shall be thrust red-hot into his mouth.

24. If he is insolent enough to give lessons re- garding their duty to Brahmans, the king shall order hot oil to be poured into his mouth and ears.

*25. With whatever limb a man of low caste offends against a Brahman, that very limb of his shall be cut off; such shall be the atonement for his crime.

26. A low-born man, who tries to place himself on the same seat with his superior in caste, shall be branded on his hip and banished, or (the king) shall cause his backside to be gashed.

27. If through arrogance he spits (on a superior), the king shall cause both his lips to be cut off; if he makes water (on him), the penis; if he breaks wind (against him), the buttocks.

28. If he pulls (k superior) by the hair, (the king) shall unhesitatingly cause his hands to be cut off, likewise (if he seizes him) by the feet, beard, neck, or scrotum.

29. If a man breaks the skin (of his equal) or

22. * He is of low origin/ because the ^iidra caste has been pro- duced from Brahman's feet. Identical with Manu VIII, 270.

23. Nearly identical with Manu VIII, 271.

24. Nearly identical with Manu VIII, 272.

25. Nearly identical with Manu VIII, 279.

26. 27. Nearly identical with Manu VIII, 281, 282. In para- graph 27 the Nepalese MS. has ' the nose' instead of 'the beard.'

29. According to the majority of the commentators of MaLU,

fetches blood (from him), he shall be fined a hun- dred (Pa/^as); if he cuts the flesh, six Nishkas; if he breaks a bone, he shall be banished.

*30. If a man censures a king devoted to the discharge of his duties, he shall have his tongue cut out or his entire property confiscated, as an atone- ment for such crime.

"^''31. When an evil-minded man assails a wicked king even, he shall be (fastened) on a stake and burnt in fire; (for he is) more criminal than one who has committed a hundred times the crime of killing a Brahman.

'"'■32. A father is not liable to be punished for an offence committed by his son; nor is the owner of a horse, dog, or monkey (responsible for any damage caused by one of these animals), unless he should have set them to do it.

*i. Dishonest gambling with dice, small slices of leather, little staves of ivory, or other (games), and betting on birds, form (the subject of ) a title of law called (Gambling with Dice and Betting on Animals).

* 2. The master of the gaming-house shall arrange

this rule has reference to an equal in caste. Nearly identical with Manu VIII, 284.

XVII, I. The translation is according to the Viramitrodaya. The subject of bets on animals is treated at great length in the Dhammathats of Burma, which are based on the law-codes of India. 'Other games,' such as e.g. Aaturafiga (Shatra??^, the Indian chess). ' Birds,' such as pigeons, also bets on professional wrestlers, rams, &c. Viramitrodaya, p. 718. Manu IX, 223.

2. *He shall pay the stakes which have been won,' i.e. to the

the game and pay the stakes which have been won; the profit of such a conductor of games shall amount to ten per cent.

3. When the dice on being thrown fall twice in a game at dice, those acquainted with (playing at) dice allot the victory to the adversary and the defeat to the gambler.

4. When a dispute has arisen among gamblers, let (other) gamblers be appealed to; they shall act both as judges and as witnesses in a dispute of this sort.

5. No gambler shall ever enter into another gam- ing-house before having paid his debt; he must not disobey the master of the gaming-house, and must pay of his own accord what he owes to him.

^^ 6. Wicked men who play with false dice shall be driven out of the gaming-house, after a wreath of dice has been hung round their necks; for that is the punishment ordained for them.

7. If a man gambles with dice, without authoriza- tion from the king, he shall not get his stake, and shall have to pay a fine.

* 8. Or let the gamblers pay to the king the share

winning party. That portion which has to be paid to the king (see paragraph 8) may also be held to be included in this rule, as Bnliaspati says: * Let the master of the gaming-house collect the stakes and pay his due to the winning party and to the king/ Apastamba II, 10, 25, 12, 13; Ya^navalkya II, 199, 200.

3. The rendering of the first portion of this paragraph is con- jectural. It might also be translated as follows: 'When the dice on being thrown fall twice repeated,' i. e. when the number is t^vice as high as at the preceding throw.

4. Ya^navalkya II, 202. 6. Ya^navalkya II, 202.

7, 8. Ya^wavalkya II, 201, 203. Paragraphs 7 and 8 are omitted in the Nepalese MS.

due to him and play in public, thus no wrong will be committed.

I. Under the head of Miscellaneous (Disputes) are comprised lawsuits depending on the king, (such as) transgression of the king's commandments and obedience towards his injunctions,

* 2. Grants of towns, the division of the constituent elements of a state, the duties and the reverse of heretics, followers of the Veda, corporations (of mer- chants), and assemblages (of kinsmen).

* 3. Disputes between father and son, neglect of (prescribed) penances, abstraction of gifts (made to worthy persons), the wrath of anchorites,

* 4. Sinful confusion of castes, the rules regarding their means of subsistence, and (in short) whatever

XVIII, 1-4. The meagre contents of this title of law can hardly be said to be in keeping with the somewhat pompous announce- ment contained in paragraphs 1-4. On the whole, this title of Miscellanies, as defined by Narada and Bnliaspati, may be de- scribed as treating of public law or the law of kings (ra^adharma), private law being treated in the seventeen other titles of law.

1. 'Obedience towards his injunctions,' thus according to the Mitakshara, p. 351. The Viramitrodaya refers the term tatkarma- karawam to those who, from arrogance, do such acts as are per- mitted to a king only, such as e. g. placing themselves on the king's throne.

2. 'Grants of towns,' i.e. to Brahmans and others. Narada seems to be referring to the so-called Agraharas. Regarding the seven constituent parts of a state, see Manu VII, 157; IX, 294. Naigama has been translated 'followers of the Veda,' because it comes immediately after pasha«^i, 'heretics.' See, too, X, i. It usually denotes citizens or traders.

has been omitted in the preceding (titles of law), are treated under the head of Miscellaneous.

5. The king shall be careful to protect all orders and the constituent elements of his state with the four means indicated by science.

6. When any caste should remain (behind the rest) or exceed the limits (assigned to it, the king), seeing that it has strayed from its path, shall bring it back to the path (of duty).

7. So also, when other wicked acts, opposed to the dictates of the sacred law, have been committed, the king, after having reflected (upon the matter) him- self, shall inflict punishment on those who deserve it.

8. What is opposed to revealed and traditional law, or injurious to living beings, must not be prac- tised by the king; and when it is practised (by others), he must check it.

*9. When an act contrary to justice has been un- dertaken by a former king from folly, he must redress that iniquitous enactment in accordance with the principles of equity.

* 10. The weapons of soldiers, the tools of artizans, the ornaments of public women, the various musical or other instruments of professional (musicians, or other artists, &c.),

* II. And any implements by which artificers gain

5. ' The four means ' of conciliation, division, bribery, and force. ManuVIII, 41.

6. Ya^navalkya I, 360. The Nepalese MS. offers a variation as regards the arrangement of paragraphs 6-11.

7. Manu VII, 16; VIII, 126; Ya^navalkya I, 367; VasishMa XIX, 8; VishwuIII, 37.

JO. For 'the tools of artizans' the Nepalese MS., in common with the Mitakshara, has 'the beasts of burden and the like of carriers of goods.'

their substance, must not be laid hold on by the king, even when he confiscates the entire property (of a man or woman).

12. It is not permitted to either advise or rebuke a king or Brahman, on account of their dignity and sanctity, unless they should swerve from the path (of duty).

1 3. That wicked man who does not act up to the laws proclaimed by the king, shall be fined and cor- porally punished, as offending against the king's commandments.

14. If the king were remiss in dictating punish- ments to (members of) any caste, when they have left the path (of duty), the created beings of this world would perish.

15. Brahmans would leave the sacerdotal caste, and Kshatriyas would forsake the Kshatriya caste. The stronger would eat up the weaker, like fish on a spit.