Chapter XIX

1. The particular duty of a king is to protect (all) beings; by fulfilling it (he obtains) success (in this world and in the next).^[1]

2. Those learned (in the sacred law) declare that to be free from fear and pity is, indeed, a life-long sacrificial session (sattra, to be performed by the king).^[2]

3. Therefore let him appoint a domestic priest to (perform the rites) obligatory on the order of householders.^[3]

4. It is declared in the Veda, 'A realm where a Brāhmaṇa is appointed domestic priest, prospers;'^[4]

5. For thus both (the special duties of a king and those of a householder) will be fulfilled,

6. And (the king alone is) unable (to do both).

7. Let the king, paying attention to all the laws of countries, (subdivisions of) castes (jāti) and families, make the four castes (varṇa) fulfil their (respective) particular duties.^[5]

8. Let him punish those who stray from (the path of duty).^[6]

9. But punishment must be awarded in cases of assault and abuse after (due consideration of) the particular place and time (where and when the offence was committed), of the duties, age, learning (of the parties), and the seat (of the injury),^[7]

10. In accordance with (the precepts of) the (sacred) records and with precedents.

11. Let him not injure trees that bear fruit or flowers.^[8]

12. (But) he may injure them in order to extend cultivation and (for sacrifices).^[9]

13. The measures and weights of objects necessary for households must be guarded (against falsification).^[10]

14. Let him not take property for his own use from (the inhabitants of) his realm.^[11]

15. The measures and price (of such property) only shall be liable to deductions (in the shape of taxes).

16. .     .     .     .     .     .     .     .     .     .^[12]

17. On the march against the enemy the army which consists of companies of ten, shall be able to perform a double (duty).^[13]

18. In every (camp) there shall be places where water is distributed.

19. Let him make one hundred men at the least engage in battle.

20. The wives (of slain soldiers) shall be provided for.

21. .     .     .     .     .     .     .     .     .     .^[14]

22. A ferry shall be taken away (from a river) in which there is no water.^[15]

23. A Śrotriya is free from taxes, (and so are) a servant of the king, one who has no protector,^[16] one who has left (the order of householders), an infant, a very aged man, a young man (who studies), and pradātās;

24. (Moreover widows) who return to their former (family), unmarried maidens, and the wives of servants,^[17]

25. He who swims with his arms (across a river in order to escape payment of a toll at a ferry) shall pay one hundred times (the amount due).^[18]

26. No taxes (shall be paid) on the usufruct of rivers, dry grass, forests, (places of) combustion, and mountains;^[19]

27. Or those who draw their subsistence from them may pay (something),

28. But he shall take a monthly tax from artisans.^[20]

29. And when a king has died, let him give what is required for the occasion.^[21]

30. It is hereby explained that (his) mother (must receive) maintenance.

31. Let the king maintain the paternal and maternal uncles of the chief-queen,

32. As well as her other relatives.

33. The wives of the (deceased) king shall receive food and raiment,

34. Or if they are unwilling, they may depart.^[22]

35. Let the king maintain eunuchs and madmen,^[23]

36. Since their property goes to him.

37. Now they quote also a verse proclaimed by Manu, which refers to duties and. taxes, 'No duty (is paid) on a sum less than a Karṣāpaṇa, there is no tax on a livelihood gained by art, nor on an infant, nor on a messenger, nor on what has been received as alms, nor on the remnants of property left after a robbery, nor on a Śrotriya, nor on an ascetic, nor on a sacrifice.'^[24]

38. A thief becomes free from guilt by entering (the royal presence) after (his deed and asking to be punished).^[25]

39. But according to some (lawyers) he (who is caught) with weapons in his hands, with stolen goods in his possession, or covered with wounds is proved (to be a criminal).^[26]

40. In case (a criminal) worthy of punishment is allowed to go free, the king shall fast during one (day and one) night;

41. (And) his domestic priest during three (days and) nights.

42. If an innocent man is punished, the domestic priest (shall perform) a Kṛcchra penance;

43. (And) the king (shall fast) during three (days and) nights.

44. Now they quote also (the following verses): 'The slayer of a learned Brāhmaṇa casts his guilt on him who eats his food; an adulterous wife on her (negligent) husband; a student and a sacrificer on an (ignorant) teacher (and officiating priest); and a thief on the king (who pardons him).'^[27]

45. 'But men who have committed offences and have received from kings the punishment (due to them), go pure to heaven, and (become) as holy as the virtuous.'^[28]

46. 'The guilt falls on the king who pardons an offender. If he causes him to be slain, he destroys sin in accordance with the sacred law.'

47. 'It is ordained that kings become at once pure (by bathing) when they have done acts causing death. They are likewise (pure while engaged in business) not causing death. Time is the reason for that.'^[29]

48. And with reference to this (matter) they quote a verse proclaimed by Yama, 'No taint of impurity, forsooth, falls on kings, on those engaged . in practising vows, or on those engaged in the performance of sacrificial session (sattra); for (the first) are seated on the throne of Indra, (and the others) are always equal to Brahman.'^[30]

Footnotes and references:

[1]:

XIX. Viṣṇu III, 2.

[2]:

Manu VIII, 306.

[3]:

Viṣṇu III, 70.

[4]:

Gautama XI, 14.

[5]:

Viṣṇu III, 3; Gautama XI, 20.

[6]:

Viṣṇu III, 37.

[7]:

Gautama XII, 51. Kṛṣṇapaṇḍita has two Sūtras instead of one, and reads the second hiṃsākrośayoḥ kalpaḥ. The majority of the MSS. have, however, kalpā(ḥ), which I consider to be a mistake for kalpyaḥ, 'must be awarded.'

[8]:

Viṣṇu V, 55-56. The meaning of the Sūtra is that the king is to punish those who commit such acts.

[9]:

The explicit permission to cut down trees for sacrificial purposes is given Viṣṇu LI, 63.

[10]:

Manu VIII, 403.

[11]:

-15. The translation of these two Sutras is not certain, because the words nīhāra and naihārika are not found elsewhere in the sense which has been attributed to them here. Still I think it very probable that Kṛṣṇapaṇḍita's explanation nirhāra and nirhāre sādhu is right, and that the king is exhorted not to take the property of his subjects by force, but to levy taxes according to the value or the measure of the articles sold.

[12]:

The Sūtra has been left out, as the text is corrupt, and I am unable to suggest any emendation. Kṛṣṇapaṇḍita's explanation is not worth giving.

[13]:

'The army which consists of companies of ten,' i.e. the lowest subdivision of which consists of ten parts, viz. one elephant, one chariot, two horsemen, and three foot soldiers. Such a body is called a patti. The larger divisions, like the senāmukha, 'battalion,' &c., are formed by three, nine, or twenty-seven pattis. Though I am unable to adduce any positive proof for it, vāha must, according to the connexion in which it stands, be a synonym of patti. 'The double duty' of the army is, according to Kṛṣṇapaṇḍita, marching and fighting.

[14]:

The Sūtra is utterly corrupt, and cannot be restored with the help of the MSS. at my disposal. It probably referred to the amount of duties to be levied on goods sold in the market.

[15]:

The meaning of the Sūtra seems to be, that on those rivers, where the water either runs off or is very low during the dry season, the ferrymen must not be allowed to exact a toll from people crossing without their help. Such a rule would not be superfluous, as most Indian rivers are perfectly fordable between December and June, but impassable without boats in the other five months.

[16]:

Āpastamba II, 10, 26, 10, 12-17; Manu VIII, 394. Kṛṣṇapaṇḍita to correctly points out that, though according to I, 43, all Brāhmaṇas are to be free from taxes, the Śrotriya or Vaidik is mentioned once more in order to show that a king, however distressed, must not take anything from him (Manu VII, 133). Kṛṣṇapaṇḍita reads instead of pradātās, pradātāraḥ, 'very liberal men.' Manu loc. cit. exempts 'those who confer great benefits on priests of eminent learning' from paying taxes. His emendation would, therefore, be acceptable if the word pradātāḥ did not occur in the same connexion above, XI, 7.

[17]:

Āpastamba II, 10, 26, 11.

[18]:

I read with the majority of the MSS. bāhubhyāmuttarañchatagunaṃ dadyāt.

[19]:

Kṛṣṇapaṇḍita explains dāha, '(places of) combustion,' by agni, 'fire.' I am not certain what he means thereby. To me it seems most probable that Vasiṣṭha intends 'a place of cremation' (dāhasthala), though it is just possible to refer the expression to the jungle fires, which the aboriginal tribes light in the forests, in order to sow their Nāglī in the ground manured by the ashes.

[20]:

Gautama, X, 31.

[21]:

Kṛṣṇapaṇḍita refers this and the following five Sūtras to p. 100 the case where a king has conquered a foreign country; compare also Viṣṇu III, 49-48. I think that Sūtras 30-31 conclusively show that these rules are intended to regulate the conduct of a king on the death of his predecessor and his own accession to the throne.

[22]:

Kṛṣṇapaṇḍita thinks that the queens unwilling to accept a bare subsistence may go wherever they like. I think the word used in the text points rather to their becoming ascetics.

[23]:

This rule refers apparently to eunuchs and insane persons left with money, but without near relatives, with whom they are united in interest. Viṣṇu III, 65.

[24]:

I translate the one word śulka by 'duties and taxes.' The term has a great many different meanings in the law books, and is in this verse apparently used in two senses. Kṛṣṇapaṇḍita is of a different opinion, and thinks that the persons named are free from paying a śulka in case they trade. The chief objection is that trading ascetics and Śrotriyas are not known to the ancient writers, though they are common enough in modern India.

[25]:

This Sūtra apparently alludes to a penitent thief who con-fesses his crime and asks for punishment; see below, XX, 41.

[26]:

Manu IX, 270; Nārada V, 29-33 (Jolly). As given in the MSS. and by Kṛṣṇapaṇḍita, the Sūtra is doubtlessly corrupt. I read vraṇasampanno vyapadiṣṭaḥ.

[27]:

Identical with Manu VIII, 317.

[28]:

Identical with Manu VIII, 318.

[29]:

Viṣṇu XXII, 48; Manu V, 94.

[30]:

Identical with Manu V, 93. 'Those engaged in practising vows' are, according to Kullūka and Kṛṣṇapaṇḍita, students learning the Veda.