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The Sacred Laws of the Âryas: Baudhâyana - Prasna I, Adhyâya 10
Kandikâ 18
1. Let the king protect (his) subjects, receiving as his pay a sixth part (of their incomes or spiritual merit).1
2. Brahman, forsooth, placed its majesty in the Brâhmanas, together with (the duties and privileges of) studying, teaching, sacrificing for themselves, sacrificing for others, liberality, and accepting (gifts), for the protection of the Vedas;2
3. In the Kshatriyas (it placed) strength, together with (the duties and privileges of) studying, sacrificing, liberality, (using) weapons, and protecting the treasure (and the life of) created beings, for the growth of (good) government;3
4. In the Vaisyas (it placed the power of work), together with (the duties of) studying, sacrificing, liberality, cultivating (the soil), trading, and tending cattle, for the growth of (productive) labour.4
5. On the Sûdras (it imposed the duty of) serving the three higher (castes).5
6. For (the Veda states), 'they were created from the feet (of Brahman).'6
7. Let (the king) choose a domestic priest (who shall be) foremost in all (transactions).7
8. Let him act according to his instructions.8
9. Let him not turn back in battle.9
10. Let him not strike with barbed or poisoned (weapons).10
11. Let him not fight with those who are in fear, intoxicated, insane or out of their minds, (nor with those) who have lost their armour, (nor with) women, infants, aged men, and Brâhmanas,11
12. Excepting assassins (âtatâyin).12
13. Now they quote also (the following verse): 'He who slays an assassin, able to teach (the Veda) and born in a (noble) family, does not (incur) by that (act the guilt of) the murderer of a learned Brâhmana; (in) that (case) fury recoils upon fury.'
14. The duty on goods imported by sea is, after deducting a choice article, ten Panas in the hundred.13
15. Let him also lay just (duties) on other (marketable goods) according to their intrinsic value without oppressing (the traders).14
16. Let the king guard the property of men belonging to a non-Brâhmanical caste, the owner of which has disappeared, during a year, and afterwards take it (for himself).15
17. A Brâhmana, forsooth, shall not suffer corporal punishment for any offence.16
18. In case (a Brâhmana) has slain a Brâhmana, has violated his Guru's bed, has stolen the gold (of a Brâhmana), or has drunk (the spirituous liquor called) Surâ, (the king) shall cause to be impressed with a heated iron the mark of a headless trunk, a female part, a jackal, (or) the sign of a tavern on the forehead (of the offender) and banish him from his realm.17
19. If a Kshatriya or (a man of any) other (lower caste) has murdered a Brâhmana, death and the confiscation of all his property (shall be his punishment).
20. If those same (persons) slay men of equal or lower castes, (the king) shall fix suitable punishments in accordance with their ability.18
Kandikâ 19
1. For slaying a Kshatriya (the offender) shall19 give to the king one thousand cows and besides a bull in expiation of his sin,
2. For (slaying) a Vaisya one hundred cows, for (slaying) a Sûdra ten; and a bull (must be) added (in each case).20
3. (The punishment for) the murder of a woman--excepting a (Brâhmanî) who had bathed after temporary uncleanness--and for the destruction of a cow have been explained by the (rule regarding the) murder of a Sûdra.21
4. If he has slain a milch-cow or a draught-ox, he shall perform a Kândrâyana (lunar penance) after (paying the prescribed fine).
5. The (punishment for the) murder of a (Brâhmanî) who had bathed after temporary uncleanness has been explained by (the rule regarding) the murder of a Kshatriya.22
6. For killing a flamingo, a Bhâsa, a peacock, a Brâhmanî duck, a Prakalâka, a crow, an owl, a frog, a musk-rat, a dog, (the large ichneumon called) Babhru, a common ichneumon, and so forth, (the offender shall pay) the same (fine) as (for the murder of) a Sûdra.23
7. In order to gain the good opinion of men, a witness shall give evidence in accordance with what he has seen or heard.24
8. 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.25
But where he who deserves condemnation is condemned, the king is guiltless and the judges free from blame; the guilt falls on the offender (alone).
9. (Therefore) a wise man should ask an appointed witness in the following manner:26
10. 'The merit which thou hast acquired in the interval between the night in which thou wast born and that in which thou wilt die, all that will go to the king, if thou speakest an untruth.'27
11. 'A witness who speaks falsely, slays three fathers and three grandfathers and seven (descendants), both the born and the unborn.'28
12. 'By false testimony concerning gold he kills three ancestors; by false testimony regarding (small) cattle he kills five; by false testimony concerning kine he kills ten.'29
'He kills a hundred by false evidence regarding horses, (and) a thousand by false evidence concerning a man. A witness Who speaks falsely, destroys the whole (world) by false evidence concerning land.'
13. (Men of) the four castes (varna) who have sons may be witnesses excepting Srotriyas, the king, ascetics, and those who are destitute of human (intellect).30
14. If (the witness rightly) recollects (the facts of) the case (he will receive) commendation from the most eminent men.31
15. In the contrary case (he will) fall into hell.32
16. Let him (who has given false evidence), drink hot milk during twelve (days and) nights or offer burnt oblations (reciting) the Kûshmânda (texts).33
Footnotes
1. Vasishtha I, 42-44. Learned Brâhmanas do not pay taxes, but the king obtains a sixth part of the spiritual merit which they acquire. Hence Baudhâyana uses the general term, 'a sixth share.'
2. Vasishtha II, 13-14.
3. Vasishtha II, 15-17.
4. Vasishtha II, 18-19. The words 'the power of work' are inserted by Govinda.
5. Vasishtha II, 20.
6. Rig-veda X, 90, 12; Taittirîya Âranyaka III, 12, 6.
7. Vasishtha XIX, 3-6. Govinda explains sarvatodhuram, 'foremost in all,' by sarvagñam, 'omniscient.'
8. Vasishtha I, 40-41. The rule, of course, refers primarily to advice in spiritual matters.
9. Gautama X, 16.
10. Manu VII, 90.
11. Gautama X, 18. The meaning is that such persons shall not be slain in battle.
12. Vasishtha III, 18.
13. I take this to mean that the king may take one article which particularly pleases him out of each consignment, and impose on the rest an ad valorem duty of ten per cent. Regarding the tribute in kind to be paid to Indian kings by foreign merchants, see Periplus maris Erythraei, par. 49.
14. Vishnu III, 29-30. Govinda interprets anupahatya, 'without' oppressing the traders,' by 'without deducting (anuddhritya) a choice article.'
15. Vasishtha XVI, 19-20. As stated above, I, 5, II, 15, the king must not take the property of a Brâhmana.
16. Vishnu V, 2. 'Corporal punishment,' i.e. capital punishment, mutilation, &c., except branding.
17. Vishnu V, 3-7. 19. Âpastamba II, 10, 27, 16.
18. Vasishtha XIX, 9. 'Those same persons,' I.e. Kshatriyas, Vaisyas, or Sûdras.
19. Âpastamba I, 9, 24, I. Govinda explains vairaniryâtanârtham in two ways: 1. in expiation of his sin; 2. in order to remove the enmity of the relatives of the murdered man. He adds all these punishments are really penances (prâyaskittas) to be imposed by the king. Âpastamba has these Sûtras in the section on penances.
20. Âpastamba I, 9, 24, 2-4.
21. Âpastamba I, 9, 24, 5; I, 9, 26, I.
22. Vasishtha XX, 34, 37.
23. Âpastamba I, 9, 25, 13.
24. Vishnu VIII, 13-14.
25. Manu VIII, 18-19.
26. I read, with the Telugu copy of the commentary, sâkshinam tvevam uddishtam. All the MSS. of the text and C. I. read sâkshinam daivam uddishtam. Govinda's explanation, adhunâ nirdishtân sâkshina evam prikkhed iti padânvayah, 'the construction of the words is, "let him now ask the appointed witnesses in the following manner," agrees with the reading adopted.
27. Vasishtha XVI, 32-53.
28. 'Three fathers and three grandfathers,' i.e. seven ancestors.
29. Vasishtha XVI, 34. Regarding the explanation of the words 'he kills,' see Manu VIII, 97, and Haradatta on Gautama XIII, 14.
30. Vasishtha XVI, 28-30. The text has râganya, 'members of the royal family.' But the parallel passages of other Dharma-sûtras, eg. Vishnu VIII, 2, make it probable that the king is meant.
31. Âpastamba II, 11, 29, 10. Govinda takes the Sûtra differently. His commentary runs as follows: sâkshidvaye sati râgñâ, tatpurushais ka kim kartavyam ity ata âha || srimritau pradhânatah pratipattih || prâdhânyatas taponirdishtavidyâdibhih | tadvakanât pratipattir niskayah kârya ityadhyâhârah kâryah || 'What shall the king and his officers do, if there are two witnesses? In order to answer this question he says: "On recollection, according to pre-eminence, reliance." According to pre-eminence, i.e. on account of austerities, (being) appointed (as a witness), learning and the like; in accordance with the evidence of such person's conviction. i.e. the decision must be made. The latter word has to be understood.' Govinda then goes on to quote Manu VIII, 73.
32. Âpastamba II, It, 29, 9. Govinda and M. read kartripatyam for kartapatyam, the reading of the Dekhan and Gugarât MSS. The explanation of the former term is said to be doshah, 'sin.' Regarding the ancient word kartapatya, which Govinda and the writer of M. have not understood, see Haradatta on Âpastamba I, 2, 5, 3.
33. In accordance with his explanation of Sûtra 14, Govinda thinks that this penance is to be performed by the king and the judges in case they fail to weigh the evidence properly. But according to Manu VIII, 106, Vishnu VIII, 16, the oblations with the Kûshmândas (Taitt. Âr. X, 3-5) are to be offered for uttering in evidence a venial falsehood. That is, no doubt, here, too, the real meaning.
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