THE ORDINANCES OF MENU,
ACCORDING TO THE
GLOSS OF CULLUCA.
INDIAN SYSTEM OF DUTIES,
RELIGIOUS AND CIVIL.
VERBALLY TRANSLATED FROM THE ORIGINAL SANSCRIT.
BY SIR WILLIAM JONES.
[Extracted from The Works of Sir William Jones, vol. 3 (1799), pp. 53-463.]
IT is a maxim in the science of legislation and government,
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 mown, 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 contrasts and
inheritances, we may humbly presume, that all future provisions, for the
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
warning to know, and have induced me [p.54] 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 deviation from its principles,
accommodate it justly to the improvements of a commercial age.
We are lost in an inextricable labyrinth of imaginary astronomical cycles, Yugas, Mahayugas, Calpas, and Menivantaras, in attempting to calculate the time, when the first MENU, according to the Brahmens, governed this world, and became the progenitor of mankind, who from him are called Manavah; 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 exiting. From a text of PARA'SARA, discovered by Mr. DAVIS, it appears, that the vernal equinox had gone back from the tenth degree of Bharani to the first of Aswiru, or twenty-three degrees and twenty minutes, between the days of that Indian philosopher, and the year of our Lord 466, when it coincided with the origin of the Hindu ecliptick; so that PARA'SARA probably flourished near the close of the twelfth century before CHRIST: now PARA'SARA was the grandson of another sage, named VASISHT'HA, who is often mentioned in the laws of MENU, and once as contemporary with the divine BHRIGU himself; but the [p.55] character of BHRIGU, and the whole dramatical arrangement of the book before us, are clearly fictitious and ornamental, with a design, too common among ancient lawgivers, of stamping authority on the work by the introduction of supernatural personages, though VASISHT'HA may have lived many generations before the actual writer of it; who names him, indeed, in one or two places as a philosopher 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 unquestionably wrote before the beginning of our era; and the dialect of MENU is even observed in many passages to referable that of the Veda, 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 promulgation 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 before 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 Publick 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 first Vedas (I need not here speak of the fourth), that of the Manava Dherma Sastra, and that of the Puranas, differ from each other in pretty exact proportion 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 CICERO, or of LUCRETIUS, where he has not affected an obsolete style: if the several changes, therefore, of Sanscrit and Latin took place, as we may fairly [p.56] assume, in times very nearly proportional, the Vedas must have been written about 300 years before these Institutes, and about 600 before the Puranas and Itihasas, which, I am fully convinced, were not the productions of VYA'SA; so that, if the son of PARA'SARA committed the traditional Vedas 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 possible age of the Vedas themselves: now one of the longest and finest Upanishads in the second Veda contains three lists, in a regular series upwards, of at most forty-two pupils and preceptors, who successively received and transmitted (probably by oral tradition) the 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 AYA'SYA, who is extolled at the beginning of it, and just as many, in the third list, between the compiler and YA'JNYAWALCYA, who makes the principal figure in it, we find the highest age of the Yajur Veda to be 1580 years before the birth of our Saviour, (which would make it older than the five books of MOSES) and that of our Indian law tract about 1280 years before 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 Veda itself, means what was heard, not to insist, that CULLU'CA expressly declares the sense of the Veda to be conveyed in the language of VYA'SA. Whether MENU, or MENUS in the nominative and MENU'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, [p.57] which contains his laws, and, though perhaps he was never in Crete, yet some of his institutions may well have been adopted in that island, whence LYCURGUS a century or two afterwards may have imported them to Sparta.
There is certainly a strong resemblance, though obscured 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 mould 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 personage, appears from the testimony of LYCOPHRON and his scholiast; and that personage was the same, who in Crete was styled MINOS, and who was also represented 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 men; that he was a man of a most exalted soul, and a great promoter of civil society, which he benefited by his laws; that those laws were unwritten, and received by him from the chief Egyptian deity HERMES, who conferred them on the world as a gift of the highest 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 native of their own island, was really the same person with MENU, the son of BRAHMA, we have the good [p.58] fortune 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 Himalaya. 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 Brahmens 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 to confer on MINOS) of Judge in the shades below.
The name of MENU is clearly derived (like menes, mens, and mind) from the root men to understand; and it signifies, as all the Pandits agree, intelligent, particularly in the doctrines of the Veda, which the composer of our Dherma Sastra 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 commentaries: 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 persuaded, and not without found reason, that the first MENU of the Brahmens could be no other person than the progenitor of mankind, to whom Jews, Christians, and Muselmans unite in giving the name of ADAM; but, whoever he might have been, he is highly honoured by name in the Veda itself, where it is declared, that 'whatever MENU pronounced, was a medicine for the soul;' and the sage VRIHASPETI, now supposed to preside over the planet Jupiter, says in his own law tract, that MENU held the first rank among legis- [p.59] lators, because he had expressed in his code the whole sense of the Veda; that no code was approved, which contradicted MENU; that other Sastras, and treaties on grammar or logick, retained splendour so long only, as MENU, who taught 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 Veda with its Angas, or the six compositions deduced from it, the revealed system of medicine, the Puranas, 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 tracts of NA'RED, it is asserted, that MENU, having written the laws of BRAHMA in a hundred thousand slocas or couplets, arranged under twenty-four heads in a thousand chapters, delivered the work to NARED, the sage among 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 mortals 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 primary code, beginning with the fifth verse, a little varied, of the work now extant on earth; but that nothing remains of NARED'S abridgement, except an elegant epitome of the ninth original title on the administration 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 [p.60] SUMATI, which is probably distinguished by the name of the Vriddha, or ancient, Manava, 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 composed by the Munis, or old philosophers, whose treatises, together with that before us, constitute the Dhermasastra, in a collective sense, or Body of Law; among the more modern commentaries, that called Medhatit'hi, that by GO'VINDARA'JA, and that by DHARANIDHERA, were once in the greatest repute; but the first was reckoned prolix and unequal; the second, concise but obscure; and the third, often erroneous. At length appeared CULLUCABHATTA; who, after a painful course 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 deepest 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 Brahmen of the Varendra 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 Caji. 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 [p.61] translation, not scrupulously verbal, would have been highly improper in a work on so delicate and momentous a subject as private and criminal jurisprudence.
Should a series of Brahmens omit, for three generations, the reading of MENU, their sacerdotal class, as all the Pandits assure me, would in strictness be forfeited; but they must explain it only to their pupils of the three highest classes; and the Brahmen, 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 without the ceremonies prescribed in the second and fourth chapters for a lecture on the Veda: 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, before I had a hope of being at any time able to understand the original, the Pandits of his court unanimously and positively refused to assist in the work; nor would I have procured it at all, if a wealthy Hindu at Gaya 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 comment, and often with the crude notions of the translator; and, though it expresses the general sense of the original, yet it swarms with errours, imputable partly to haste, and partly to ignorance: thus where MENU says, that emissaries are the eyes of a prince, the Persian phrase makes him ascribe four eyes to the person of a king; for the word char, 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 interesting both to speculative lawyers [p.62] 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) unaccountably relaxed: nevertheless, a spirit of sublime devotion, of benevolence to mankind, and of amiable tenderness to all sentient creatures, pervades the whole work; the style of it has a certain austere majesty, that 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 Gayatri, the Mother, as it is called, of the Veda, prove the author to have adored (not the visible materials, 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 intellect. Whatever opinion in short may be formed of MENU and his laws, in a country happily enlightened by found 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 importance to the political and commercial interests of Europe, and particularly by many millions of Hindu subjects, whose well directed industry would add largely to the wealth of Britain, and [p.63] who ask no more in return than protection for their persons and places of abode, justice in their temporal concerns, indulgence to the prejudices of their own religion, and the benefit of those laws, which they have been taught to believe sacred, and which alone they can possibly comprehend.
LAWS OF MENU,
SON OF BRAHMA.
CHAPTER THE FIRST.
On the Creation; with a Summary of the Contents.
1. MENU sat reclined, with his attention fixed on one object, the Supreme
GOD; when the divine Sages approached him; and, after mutual salutations in due
form, delivered the following address:
2. 'Deign, sovereign ruler, to apprize us of the sacred 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;
3. 'For thou, Lord, and thou only among mortals; knowest the true sense, the first principle, and the prescribed ceremonies, of this universal, supernatural Veda, unlimited in extent and unequalled in authority.'
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!
5. 'This universe existed only in the first divine idea yet unexpanded as if involved in darkness, imperceptible, undefinable, undiscoverable by reason, and undiscovered by revelation, as if it were wholly immersed in deep:
6. 'Then the sole self-existing power, himself undiscerned, but making this world discernible, with five elements and other principles of nature, appeared with undiminished glory, expanding his idea, or dispelling the gloom.
7. 'He, whom the mind alone can perceive, whose essence eludes the external organs, who has no visible parts, who exits from eternity, even HE, the soul of all beings, whom no being can comprehend, shone forth in person.
8. '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:
9. 'That 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 nara, because they were the production of NARA, or the spirit of God; and, since they were his first ayana, [p.67] or place of motion, he thence is named NA'RA'VANA, or moving on the waters.
11.'From that which is, the first cause, not the object of sense, existing every where insubstance, not existing to our perception, without beginning or end, was produced the divine male, famed in all worlds under the appellation of BRAHMA.
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;
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.
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;
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 qualities of goodness, passion, and darkness; and their perceptions of sense, and the five organs of sensation.
16. 'Thus, having at once pervaded, with emanations from the Supreme Spirit, the minutest portions of fix principles immensely operative, consciousness and the five perceptions, He framed all creatures;
17. 'And since the minutest particles of visible nature 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 perceptions, to His image or appearance in visible
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 principles, the great Soul, or first emanation, consciousness, and five perceptions; a mutable universe from immutable ideas.
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 Veda:
22. 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 beginning.
23. From fire, from air, and from the sun he milked out, as it were, the three primordial Vedas, named Rich, Yajush, and Saman, for the due performance of the sacrifice.
24. 'He gave being to time and the divisions of time, to the stars also, and to
the planets, to rivers, oceans, and mountains, to level plains, and uneven
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.
26. 'For the sake of distinguishing actions, He made a total difference between right and wrong, and ensured these sentient creatures to pleasure and pain, cold and heat, and other opposite pairs.
27. 'With very minute transformable portions, called matras, 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 receives a new body again and again:
29. 'Whatever quality, noxious or innocent, harm 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;
30. 'As the six seasons of the year attain respectively their peculiar marks in due time and of their own accord, even so the several acts of each embodied spirit attend it naturally.
31. 'That the human race might be multiplied, He caused the Brahmen, the Cshatriya, the Vaisya, and the Sudra (so named from the scripture, protection, wealth, and labour) to proceed from his mouth, his arm, his thigh, and his foot.
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 Brahmens, 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.
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 holiness,
35. 'MARI'CHI, ATRI, ANGIRAS, PULASTYA, PULAHA, CRATU, PRACHE'TAS, or DACSHA, VASISHT'HA, BHRIGU, and NA'RADA:
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 genii, and fierce giants, blood-thirsty savages, heavenly quiristers, nymphs and demons, huge serpents and snakes of smaller size, birds of mighty wing, and separate companies of Pitirs, or progenitors of mankind;
38. 'Lightnings and thunder-bolts, clouds and coloured bows of INDRA, falling meteors, earth-rending vapours, comets, and luminaries of various degrees;
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 immoveable substances of distinct sorts.
41. 'Thus was this whole assemblage of stationary and moveable bodies framed by those high-minded beings, through the force of their own devotion, and at my command, with separate actions allotted to each.
42. 'Whatever act is ordained for each of those creatures here below, that I will now declare to you, together with their order in respect to birth.
43. 'Cattle and deer, and wild beasts with two rows of teeth, giants, and blood-thirsty savages, and the race of men, are born from a fecundine:
44. 'Birds are hatched from eggs; so are snakes, crocodiles, fish without shells, and tortoises, with other animal kinds, terrestrial, as chameleons, and aquatick, as shell-fish:
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;
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.
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. '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.
51. 'He, whose powers are incomprehensible, having thus created both me and this universe, was again absorbed in the supreme Spirit, changing the 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;
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;
54. 'And, when they once are absorbed in that supreme essence, then the divine soul of all beings withdraws his energy, and placidly slumbers;
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
performs not it natural functions, but migrates from its corporeal frame:
56. 'When, being again composed of minute elementary principles, it enters at once into vegetable or animal seed, it then assumes a new form.
57. 'Thus that immutable Power, by waking and reposing alternately, revivifies and destroys in eternal succession this whole assemblage of locomotive and immoveable creatures.
58. 'He, having enacted this code of laws, himself taught it fully to me in the beginning: afterwards I taught it MARI'CHI and the nine other holy sages.
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. BHRKSU, great and wise, having thus been appointed by MENU to promulge his laws, addressed all the Rishis with an affectionate mind, saying: 'Hear!
61. 'From this MENU, named SWA'YAMBHUVA, or Sprung from the itself-existing came six descendants, other MENUS, or perfectly understanding the scripture, each giving birth to a race of his own, all exalted in dignity, eminent in power;
62. 'SWA'RO'CHISHA, AUTTAMI, TA'MASA, RAIVATA likewise and CHA'CSHUSHA, beaming
with glory, and VAIVASWATA, child of
63. 'The seven MENUS, (or those first created, who are to be followed by seven more) of whom SWA'YAMBHUVA 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.
64. 'Eighteen nime'shas, or twinklings of an eye, are one cashtha, thirty casht'has, one cala; thirty calas, one muhurta: and just so many muhurtas let mankind 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.
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 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.
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.
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 hundreds diminished by one.
71. 'The divine years, in the four human ages just enumerated, being added together, their sum, or twelve thousand, is called the age of the Gods;
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 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.
74. 'At the close of his night, having long reposed, 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 create 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 scents; and air is held endued with the quality of touch:
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 from light, a change being effected, comes water with the quality of taste; and from water is deposited earth with the quality of smell: such were they created in the beginning.
79. 'The before mentioned age of the Gods, or twelve thousand of their years, being multiplied by seventy-one, constitutes what is here named a Menwantara, or the reign of a MENU.
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.
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. '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.
83. 'Men, free from disease, attain all sorts of prosperity and live four hundred years, in the Crita age; but, in the Treta 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 of embodied spirits, are
fruits proportioned among men to the order of the four ages.
85. 'Some duties are performed by good men in the Crita age; others, in the Treta; some, in the Divapara; others in the Cali; in proportion as those ages decrease in length.
86. 'In the Crita the prevailing virtue is declared to be devotion; in the Treta, divine knowledge; in the Divapara, holy sages call sacrifice the duty chiefly performed; in the Cali, liberality alone.
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 Brahmens he assigned the duties of reading the Veda, of teaching it, of sacrificing, of assisting others to sacrifice, of giving alms, if they be rich, and, if indigent, of receiving gifts:
89. 'To defend the people, to give alms, to sacrifice, to read the Veda, to shun the allurements of sensual gratification, are in few words the duties of a Cshatriya:
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 prescribed or permitted to a Vaisya:
91. 'One principal duty the supreme Ruler assigned to Sudra; namely, to serve the before mentioned classes, without depreciating their worth.
92. 'Man is declared purer above the navel; but the self-existing Power declared
the purest part of him to be the mouth:
93. 'Since the Brahmen sprang from the most excellent part, since he was the first born, and since he possesses the Veda, he is by right the chief of this whole creation.
94. 'Him the Being, who exists of himself, produced in the beginning from his own mouth; that, having performed holy rites, he might present clarified butter to the Gods, and cakes of rice to the progenitors of mankind, for the preservation of this world:
95. 'What created being then can surpass Him, with whose mouth the Gods of the firmament continually 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; 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, those who seek beatitude from a perfect acquaintance with scriptural doctrine.
98. 'The very birth of Brahmens is a constant incarnation of DHERMA, God of Justice; for the Brahmen is born to promote justice, and to procure ultimate happiness.
99. 'When a Brahmen 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 Brahmen; since the Brahmen is entitled to it all by his primogeniture and eminence of birth:
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 Brahmen, indeed, other mortals enjoy life.
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 Brahmen, and fully explained to his disciples, but must be taught by no other man of an inferior class.
104. 'The Brahmen, who studies this book, having performed sacred rites, is perpetually free from offence 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.
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.
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
108. 'Immemorial custom is transcendent law, approved 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 commercial 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.
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 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 nuptials in different forms; the regulations for the great sacraments, and the manner, primevally settled, of performing obsequies;
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 purification of men and utensils;
114. 'Laws concerning women; the devotion of hermits, and of anchorets wholly
intent on final beatitude, the whole duty of a king, and the judicial decision
115. 'With the law of evidence and examination; laws concerning husband and wife, canons of inheritance; the prohibition of gaming, and the punishments 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;
117. 'The several transmigrations in this universe, caused by offences of three kinds, with the ultimate bliss attending good actions, on the full trial of vice and virtue;
118. 'All these titles of law, promulgated by MENU, and occasionally the customs of different countries, different tribes, and different families, with rules concerning hereticks and companies of traders, are discussed in this code.
119. 'Even as MENU at my request formerly revealed this divine Sastra, hear it now from me without any diminution or addition.
CHAPTER THE SECOND.
On Education; or on the Sacerdotal Class, and the First Order.
l. '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.
2. 'Self-love is no laudable motive, yet an exemption from self-love is not to be found in this world: on self-love is grounded the study of scripture, and the practice of actions recommended in it.
3. 'Eager desire to act has its root in expectation of some advantage; and with such expectation are sacrifices performed: the rules of religious austerity and abstinence from sin are all known to arise from hope of remuneration.
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 reward.
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 in this life, would enjoy all the virtuous gratifications, that his fancy could suggest.
6. 'The roots of law are the whole Veda, the ordinances 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 person 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 acquire same in this life, and, in the next, inexpressible happiness:
10. 'By Sruti, or what was heard from above, is meant the Veda; and by Smriti, or what was remembered 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, mall treat with contempt those two roots of law, he must be driven, as an Atheist and a scorner of revelation, from the company of the virtuous.
12. 'The scripture, the codes of law, approved usage, and, in all indifferent cafes, 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 supreme
authority is divine revelation;
14. 'But, when there are two sacred texts apparently inconsistent, both are held to be law; for both are pronounced by the wise to be valid and reconcilable;
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 whatsoever.
17. 'Between the two divine rivers Saraswati and Dhrishadwati lies the tract of land, which the sages have named Brahmaversa, because it was frequented by Gods:
18. 'The custom, preserved by immemorial tradition in that country, among the four pure classes, and among those which are mixed, is called approved usage.
19. 'Curucshetra, Matsya, Panchala, or Canyacubja, and Surasena, or Mashura, form the region, called Brahmarshi, distinguished from Brahmaverta:
20. 'From a Brahmen, who was born in that country, let all men on earth learn their several usages.
21. 'That country, which lies between Himawat and Vindhya, to the
Vinasana, and to the west of Prayaga, is celebrated by the title of
or the central region.
22. 'As far as the eastern, and as far as the western, oceans between the two mountains just mentioned, lies the tract, which the wise have named Ariaverta, or inhabited by respectable men.
23. 'That land, on which the black antelope naturally grazes, is held fit for the performance of sacrifices; but the land of Metihas, or those who speak barbarously, differs widely from it.
24. 'Let the three first classes invariably dwell in those before-mentioned countries; but a Sudra, distressed for subsistence, may sojourn wherever he chuses.
25. 'Thus has the origin of law been succinctly declared to you, together with the formation of this universe: now learn the laws of the several classes.
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 pregnancy, 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 seminal and uterine taints of the three classes wholly removed:
28. 'By studying the Veda, by religious observances, by oblations to fire, by the ceremony of Traividia, by offering to the Gods and [p.87] Manes, by the procreation of children, by the five great sacraments, and by solemn sacrifices, this human body is rendered fit for a divine state.
29. 'Before the section of the navel firing a ceremony 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.
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 first part of a Brahmen's compound name should indicate holiness; of a Cshtriya's, power; of a Vaisya's, wealth; and of a Sudress, contempt:
32. 'Let the second part of the priest's name imply prosperity; of the soldier's, preservation; of the merchant's, nourishment; of the servant's, humble attendance.
33. 'The names of women mould 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 carried out of the house to see the sun: in the sixth month, he would be fed with rice; or that may be done, which, by the custom of the family, is thought most propitious.
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.
36. 'In the eighth year from the conception of a Brahmen, 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:
37. 'Should a Brahmen, 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 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.
39. 'After that, all youths of these three classes, who have not been inverted at the proper time, become vratyas, or outcasts, degraded from the gayatri, and contemned by the virtuous:
40. 'With such impure men, let no Brahmen, even in distress for subsistence, ever form a connexion in law, either by the study of the Veda, or by affinity.
41. 'Let students in theology wear for their mantles the hides of black antelopes, of common deer, or of goats with lower veils of woven isana, of cshuma, and of wool, in the direct order of their classes.
42. 'The girdle of a priest must be made of munja, in a triple cord,
soft; that of a warrior must be a bow string of murva; that of a merchant, a
triple thread of s'ana.
43. 'If the munja be not procurable, their zones must be formed respectively of the grasses cusa, asmantaca, vasvaja, in triple strings with one, three, or five knots, according to the family custom.
44. 'The sacrificial thread of a Brahmen must be made of cotton, so as to be put on over his head, in three strings; that of a Cshatriya, of s'ana thread only; that of a Vaisya of woollen thread.
45. 'A priest ought by law to carry a staff of Bilva or Paldfa, a soldier, of Bata or C'hadira; a merchant of Venu, or Udumbara:
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 fracture, of a handsome appearance, not likely to terrify men, with their bark perfect, unhurt by fire.
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:
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 [p.90] that word in the middle; and those of the third, with that word at the end.
50. 'Let him first beg food of his mother, or of his sister, or of his mother's whole sister; and then of some other female who will not disgrace him.
51. 'Having collected as much of the desired food 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:
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.
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 without contempt; when he sees it, let him rejoice and be calm, and pray, that he may always obtain it.
55. 'Food, eaten constantly with respect, gives muscular force and generative power; but, eaten irreverently, destroys them both.
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.
57. 'Excessive eating is prejudicial to health, to fame, and to future
heaven; it is injurious to virtue, and odious among men: he must, for these
reasons, by all means avoid it.
58. 'Let a Brahmen at all times perform the ablution 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:
59. 'The pure part under the root of the thumb is called Brahma; that at the root of the little finger, Caya; that at the tips of the fingers, Daiva; and 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 before mentioned cavities, his breast, and his head.
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, standing in a lonely place, and turning to the east or the north.
62. 'A Brahmen is purified by water that reaches his bosom; a Cshatriya, by water descending to his throat; a Vaisya, by water barely taken into his mouth; a Sudra by water touched with the extremity of his lips.
63. 'A youth of the three highest classes is named upav'tti, 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 [p.92] the thread may be placed on his right shoulder, he is called prachindviti; and niviti, when it is fastened on his neck.
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 receive others hallowed by mystical texts.
65. 'The ceremony of cefanta, 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.
66. 'The same ceremonies, except that of the sacrificial thread, must be duly performed for women at the same age and in the same order, that the body may be made perfect; but without any texts from the Veda:
67. 'The nuptial ceremony is considered as the complete institution of women, ordained for them in the Veda, together with reverence to their husbands, dwelling first in their father's family, the business of the house, and attention to sacred fire.
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 afterwards apply themselves.
69. 'The venerable preceptor, having girt his pupil with the thread, must first instruct him in purification, in good customs, in the management of the consecrated fire, and in the holy rites of morning, noon, and evening.
70. 'When the student is going to read the Veda, 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
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.)
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.
73. 'When he is prepared for the lecture, the preceptor, constantly attentive, must say: "hoa! read;" and, at the close of the lesson, he must say: "take rest."
74. 'A Brahmen, beginning and ending a lecture on the Veda, must always pronounce to himself the syllable om; 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 holy grass on both his hands, and be further prepared by three suppressions of breath, each equal in time to give short vowels, he then may fitly pronounce om.
76. '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, siver, or earth, sky, heaven:
77. 'From the three Vedas also the Lord of creatures,
successively milked out the three measures of that ineffable text, beginning
with the word tad, and entitled favitri or gayatri.
78. 'A priest who shall know the Veda, and mail 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;
79. 'And a twice born man, who shall a thousand times repeat those three (or om, the vyahritis, and the gayatri,) apart from the multitude, must be released 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 three great immutable words, preceded by the triliteral monosyllable, and followed by the gayatri, which consists of three measures, must be considered as the mouth, or principal part, of the Veda:
82. 'Whoever shall repeat, day by day for three years, without negligence, that sacred text, shall hereafter approach the divine essence, move as freely as air, and assume an ethereal form.
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 gayatri: a declaration of truth is more excellent than silence.
84. 'All rites ordained in the Veda, oblations to fire, and
pass away; but that, which passes not away, is declared to be the syllable om,
thence called acshara, since it is a symbol of GOD, the Lord of created Beings.
85. 'The act of repeating his Holy Name is ten times better than the appointed sacrifice; a hundred times better, when it is heard by no man; and a thousand times better, when it is purely mental:
86. 'The four domestic sacraments, which are accompanied with the appointed sacrifice, are not equal, though all be united, to a sixteenth part of the sacrifice performed by a repetition of the gayatri:
87. 'By the sole repetition of the gayatri, a priest 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 Brahmena, or united to the Great One.
88. 'In restraining the organs, which run wild among ravishing sensualities, a wise man will apply diligent care, like a charioteer in managing restive horses.
89. 'Those eleven organs, to which the first sages gave names, I will comprehensively enumerate, as the law considers them, in due order.
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:
91. 'Five of them, the ear and the rest in succession, learned men have called
organs of sense; and the others, organs of action:
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.
94. 'Desire is never satisfied with the enjoyment of desired objects; as the fire is not appeased with clarified butter: it only blazes more vehemently.
95. 'Whatever man may obtain all those gratifications, or whatever man may resign them completely, the resignation of all pleasures is far better than the attainment of them.
96. 'The organs, being strongly attached to sensual delights, cannot so effectually be restrained by avoiding incentives to pleasure, as by a constant pursuit of divine knowledge.
97. 'To a man contaminated by sensuality neither the Vedas, nor liberality, nor sacrifices, nor strict observances, nor pious austerities, ever procure felicity.
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:
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
100. 'Having kept all his members of sense and action 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. 'At the morning twilight, let him stand repeating the gayatri, until he see the sun; and, at evening twilight, let him repeat it sitting, until the stars distinctly 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;
103. 'But he, who stands not repeating it in the morning, and sits not repeating it in the evening, must be precluded, like a Sudra, from every sacred observance of the twice born classes.
104. 'Near pure water, with his organs holden under control, and retiring with circumspection to some unfrequented place, let him pronounce the gayatri, performing daily ceremonies.
105. 'In reading the Vedangas, or grammar, prosody, 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 pronouncing the texts appointed for oblations to fire:
106. 'Of that, which must constantly be read, and is therefore called
Brahmasatra, there can be no such prohibition; and the oblation to fire,
according to the Veda, produces good fruit, though accompanied with the text
which on other occasions must be intermitted on certain days.
107. 'For him, who shall persist a whole year in 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.
109. 'Ten persons may legally be instructed in the Veda; 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.
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 multitude, as if he were dumb:
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 proportioned to the holiness of the subject, [p.99] in that soil divine instruction must not be shown: it would perish, like fine seed in barren land.
113. 'A teacher of the Veda would rather die with his learning, than sow it in sterile soil, even though he be in grievous distress for subsistence.
114. 'Sacred Learning, having approached a Brahmen, said to him: I am thy precious gem; preserve me with care; deliver me not to a scorner; (so preferred I shall become supremely strong).
115. 'But communicate me, as to a vigilant depositary 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.
116. 'He, who shall acquire knowledge of the Veda, without the assent of his preceptor, incurs the guilt of dealing the scripture, and shall sink to the region of torment.
117. 'From whatever teacher a student has received instruction, cither popular, ceremonial, or sacred, let him first salute his instructor, when they meet.
118. 'A Brahmen, who completely governs his passions, 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 commodities, even though he know the three Vedas.
119. 'When a superiour sits on a couch or bench, let not an inferiour sit on it with him; and, if an inferiour be sitting on a couch, let him rise to salute a superiour.
120. 'The vital spirits of a young man mount upwards to depart from him, when an
elder approaches; but, by rising and salutation, he recovers them.
121. 'A youth, who habitually greets and constantly reveres the aged, obtains an increase of four things; life, knowledge, fame, strength.
122. 'After the word of salutation, a Brahmen must address as elder, saying: "I am such an one;" pronouncing his own name.
123. 'If any persons, through ignorance of the Sanscrit language, understand not the import of his name, to them would a learned man say: "It is I;" and in that manner he should address all classes of women.
124. 'In the salutation he should pronounce, after his own name, the vocative particle bads; for the particle bads is held by the wise to have the same property with names fully expressed.
125. 'A Brahmen should thus be saluted in return: "Mayest thou live long, excellent man!" and, at the end of his name, the vowel and preceding consonant should be lengthened, with an acute accent, to three syllabick moments, or short vowels.
126. 'That Brahmen, who knows not the form of returning a salutation, must not be saluted by a man of learning: as a Sudra, even so is he.
127. 'Let a learned man ask a priest, when he meets him, if his devotion prospers; a warriour, if he is unhurt; a merchant, if his [p.101] wealth is secure; and one of the servile class, if he enjoys good health; using respectively the words cusalam, anamayam, cshemam, and arogyam.
128. 'He, who has just performed a solemn sacrifice and ablution, must not be addressed by his name, even though he be a younger man; but he, who knows the law, should accost him with the vocative particle, or with bhavat, the pronoun of respect.
I29. 'To the wife of another, and to any woman not related by blood, he must say "bhavati, and amiable sister."
130. 'To his uncles paternal and maternal, to his wife's father, to performers of the sacrifice, and to spiritual teachers, he must say: I am such an one rising up to salute them, even though younger than himself.
131. 'The sister of his mother, the wife of his maternal uncle, his own wife's mother, and the sister of his father, must be saluted like the wife of his father or preceptor: they are equal to his father's or his preceptor's wife.
132. 'The wife of his brother, if she be of the same class, must be saluted every day; but his paternal and maternal kinswomen need only be greeted on his return from a journey.
133. 'With the sister of his father and of his mother, and with his own elder sister, let him demean himself as with his mother; though his mother be more venerable than they.
134. 'Fellow citizens are equal for ten years; dancers and singers, for five;
learned theologians, for less than three; but persons related by blood, for a
short time: that is, a greater difference of age destroys their equality.
135. 'The student must consider a Brahmen, though but ten years old, and a Cshatriya, though aged a hundred years, as father and son; as between those two, the young Brahmen is to be; effected as the father.
136. 'Wealth, kindred, age, moral conduct, and, fifthly, divine knowledge, entitle men to respect; but that, which is last mentioned in order, is the most respectable.
137. 'Whatever man of the three highest classes possesses the most of those five, both in number and degree, that man is entitled to most respect; even a Sudra, if he have entered the tenth decad of his age.
138. 'Way must be made for a man in a wheeled carriage, or above ninety years old, or afflicted with disease, or carrying a burden; for a woman; for a priest just returned from the mansion of his preceptor; for a prince, and for a bridegroom;
139. 'Among all those, if they be met at one time, the priest just returned home and the prince are most to be honoured; and of those two, the priest just returned mould be treated with more respect than the prince.
140. 'That priest, who girds his pupil with the sacrificial cord, and afterwards instructs him in the whole Veda, with the law of sacrifice and the sacred Upanishads, holy sages call an acharya:
141. 'But he, who, for his livelihood, gives instruction in a part only of the
Veda, or in grammar, and other Vedangas, is called an upddhydya,
142. 'The father, who performs the ceremonies on conception and the like, according to law, and who nourishes the child with his first rice, has the epithet of guru, or venerable.
143. 'He, who receives a stipend for preparing the holy fire, for conducting the paca and agnihtama, and for performing other sacrifices, is called in this code the ritivij of his employer.
144. 'He, who truly and faithfully fills both ears with the Veda, must be considered as equal to a mother; He must be revered as a father; Him the pupil must never grieve.
145. 'A mere acharya, or a teacher of the gayatri only, surpasses ten upadhydyas; a father, a hundred such acharyas; and a mother, a thousand natural fathers.
146. 'Of him, who gives natural birth, and him, who gives knowledge of the whole Veda; 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.
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;
148. 'But that birth, which his principal acharya who knows the whole Veda procures for him by his divine mother the gayatri, is a true birth: that birth is exempt from age and from death.
149. 'Him, who confers on a man the benefit of sacred 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.
151. 'CAVI, or the learned, child of ANGIRAS, taught his paternal uncles and cousins to read the Veda, and, excelling them in divine knowledge, said to them "little sons:"
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;
153. 'For an unlearned man is in truth a child; and he, who teaches him the Veda, is his father: holy sages have always said child to an ignorant man, and father to a teacher of scripture.
154. Greatness is not conferred by years, not by grey hairs, not by wealth, not by powerful kindred: the divine sages have established this rule: "Whoever has read the Vedas and their Angas, He among us is great."
155. 'The seniority of priests is from sacred learning; 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 grey: him, surely, the Gods considered as aged, who, though young in years, has read and understands the Veda.
157. 'As an elephant made of wood, as an antelope made of leather, such is an
unlearned Brahmen: those three have nothing but names.
158. 'As an eunuch is unproductive with women, as a cow with a cow is unprolifick, as liberality to a fool is fruitless, so is a Brahmen useless, if he read not the holy texts.
159. 'Good instruction must be given without pain to the instructed; and sweet gentle speech must be used by a preceptor, who cherishes virtue.
160. 'He, whose discourse and heart are pure, and ever perfectly guarded, attains all the fruit arising from his complete course of studying the Veda.
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 Brahmen should constantly shun worldly honour, as he would shun poison; and rather constantly seek disrespect, as he would seek nectar;
163. 'For though scorned, he may sleep with pleasure; with pleasure may he awake; with pleasure may he pass through this life: but the scorner utterly perishes.
164. 'Let the twice born youth, whose soul has been formed by this regular succession of prescribed acts, collect by degrees, while [p.106] he dwells with his preceptor, the devout habits proceeding from the study of scripture.
165. 'With various modes of devotion, and with austerities ordained by the law, must the whole Veda be read, and above all the sacred Upanishads, by him, who has received a new birth.
106. 'Let the best of the twice born classes, intending to practice devotion, continually repeat the reading of scripture; since a repetition of reading the scripture is here styled the highest devotion of a Brahmen:
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 Veda.
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 Sudra; and his descendants after him.
l69. 'The first birth is from a natural mother; the second, from the ligation of the zone; the third, from the due performance of the sacrifices such are the births of him, who is usually called twice born, according to the text of the Veda:
170. 'Among them his divine birth is that, which is distinguished by the ligation of the zone and sacrificial cord; and in that birth the Gayatri is his mother, and the Acharya, his father.
171. 'Sages call the Acharya father from his giving instruction in the
Veda: nor can any holy rite be performed by a young man before his
172. 'Till he be invested with the signs of his class, he must not pronounce any sacred text, except what ought to be used in obsequies to an ancestor; since he is on a level with a Sudra before his new birth from the revealed scripture:
173. 'From him, who has been duly inverted, are required both the performance of devout acts, and the study of the Veda in order, preceded by stated ceremonies.
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 religious acts.
175. 'The following rules must a Brahmachari, or student in theology, observe, while he dwells with his preceptor; keeping all his members under control, for the sake of increasing his habitual devotion.
176. 'Day by day, having bathed and being purified, let him offer fresh water to the Gods, the Sages, and the Manes; let him mow respect to the images of the deities, and bring wood for the oblation to fire.
177. 'Let him abstain from honey, from flesh meat, from perfumes, from chaplets of flowers, from sweet vegetable juices, from women, from all sweet substances turned acid, and from injury to animated beings;
178. 'From unguents for his limbs, and from black powder for his eyes, from
wearing sandals and carrying an umbrella, from sensual desire, from wrath, from
covetousness, from dancing, and from vocal and instrumental musick;
170. 'From gaming, from disputes, from detraction, and from falsehood, from embracing or wantonly looking at women, and from disservice to other men.
180. 'Let him sleep constantly alone: let him never waste his own manhood; for he, who voluntarily wastes his manhood, violates the rule of his order, and becomes an avacirni:
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, this text of scripture: "Again let my strength return to me."
182. 'Let him carry water-pots, flowers, cow-dung, fresh earth, and cusa-grass, as much as may be useful to his preceptor; and let him perform every day the duty of a religious mendicant.
183. 'Each day must a Brahmen 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 Veda ordains.
184. 'Let him not beg from the cousins of his preceptor; nor from his own cousins; nor from other kinsmen by the father's side, or by the mother's; but, if other houses be not accessible, let him begin 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 district round the village, keeping his organs in
subjection, and remaining silent: but let him turn away from such, as have
committed any deadly sin.
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, both evening and morning.
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 avacirni, unless he be afflicted with illness.
188. 'Let the student persist constantly in such begging, but let him not eat the food of one person only: the subsistence of a student by begging is held equal to failing in religious merit.
189. 'Yet, when he is asked on a solemn act in honour of the Gods or the Manes, he may eat at his pleasure the food of a single person; observing, however, 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 Brahmen only; but no such act is appointed for a warriour or for a merchant.
191. 'Let the scholar, when commanded by his preceptor, and even when he has received no command, always exert himself in reading, and in all acts useful to his teacher.
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 composed; 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 appendages: let him rise before, and go to rest after, his tutor.
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:
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 his teacher is nigh, let his couch or his bench be always placed low: when his preceptor's eye can observe him, let him not sit carelessly at ease.
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.
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.
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.
202. 'He must not serve his tutor by the intervention 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.
203. 'Let him not sit with his preceptor to the leeward or to the windward of him; nor let him say any thing, which the venerable man cannot hear.
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.
205. 'When his tutor's tutor is near, let him demean 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 behaviour toward his other instructors in science; toward 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 [p.112] are not students; and toward the paternal kinsmen of his venerable tutor.
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:
209. 'But he must not perform for the son of his teacher the duty of rubbing his limbs, or of bathing him, or of eating what he leaves, or of warning his feet.
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, they must be honoured only by rising and salutation.
211. 'For no wife of his teacher must he perform the offices of pouring scented oil on them, of attending 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 distinguish 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:
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.
215. 'Let not a man, therefore, sit in a sequestered place with his nearest
female relations: the assemblage of corporeal organs is powerful enough to match
wisdom from the wise.
216. 'A young student may, as the law directs, make prostration at his pleasure on the ground before a young wife of his tutor, saying: "I am such an one."
217. 'And, on his return from a journey, he must once touch the feet of his preceptor's aged wife, and salute her each day by prostration, calling to 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.
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 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 gayatri:
221. 'He, who has been surprised asleep by the setting or by the rising sun, and performs not that penance, incurs great guilt.
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.
223. 'If a woman or a Sudra 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:
224. 'The chief temporal good is by some declared to consist in virtue and wealth; by some, in wealth and lawful pleasure; by some, in virtue alone; by others, in wealth alone; but the chief good here below is an assemblage of all three: this is a sure decision.
225. 'A teacher of the Veda 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:
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.
227. 'That pain and care, which a mother and father undergo in producing and rearing children, cannot be compensated in an hundred years.
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.
229. 'Due reverence to those three is considered as the highest devotion; and without their approbation 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 garhapatya, or nuptial
fire; the mother, as the dacshina, or ceremonial; the spiritual guide, as
the dhavaniya, or sacrificial: this triad of fires is most venerable.
232. 'He, who neglects not those three, when he becomes a housekeeper, will ultimately obtain dominion over the three worlds; and, his body being irradiated like a God, he will enjoy supreme bliss in heaven.
233. 'By honouring his mother he gains this terrestrial world; by honouring his father, the intermediate, 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, is long he must perform no other duty for his own sake; but, delighting in what may conciliate their affections and gratify their wishes, he must from day to day assiduously 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.
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 DHERMA himself, and every other act is an Upadherma, or subordinate duty.
238. 'A believer in scripture may receive pure knowledge even from a
lesson of the highest virtue, even from a Chanddla, 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.
240. 'From every quarter, therefore, must be selected women bright as gems, knowledge, virtue, purity, gentle speech, and various liberal arts.
241. 'In cafe of necessity, a student is required to learn the Veda from one who is not a Brahmen, and, as long as that instruction continues, to honour 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 Brahmen, or who has not read all the Vedas 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 his mortal frame:
244. 'That Brahmen, who has dutifully attended his preceptor till the dissolution of his body, passes directly to the eternal mansion of GOD.
245. 'Let not a student, who knows his duty, present any gift to his preceptor before his return home; but when, by his tutor's permission, [p.117] 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;
240. '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:
248. 'Should none of those be alive, he must occupy 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.
249. 'The twice born man, who shall thus without intermission have passed the time of his studentship, shall ascend after death to the most exalted of regions, and no more again spring to birth in this lower world.
CHAPTER THE THIRD.
On Marriage; or, on the Second Order.
1. The discipline of a student in the three Vedas may be
continued for thirty-six years, in the house of his preceptor; or for half that
time, or for a quarter of it, or until he perfectly comprehend them:
2. 'A student, whose rules have not been violated, may assume the order of a married man, after he has read in succession a sacha, or branch, from each of the three, or from two, or from any one of them.
3. 'Being justly applauded for the strict performance of his duty, and having received from his natural or spiritual father the sacred gift of the Veda, let him sit on an elegant bed, decked with a garland of flowers; and let his father honour him, before his nuptials, with a present of a cow.
4. 'Let the twice born man, having obtained the consent of his venerable guide, and having performed his ablution with stated ceremonies on his return home, as the law directs, espouse a wife of the same class with himself and endued with the marks of excellence.
5. 'She, who is not descended from his paternal or maternal ancestors within the sixth degree, and who is not known by her family [p.120] name to be of the same primitive stock with, his father or mother; is eligible by a twice born man for nuptials and holy union:
6. 'In connecting himself with a wife, let him studiously avoid the ten following families, be they ever so great, or ever so rich in kine, goats, sheep, gold, and grain;
7. 'The family, which has omitted prescribed acts of religion; that, which has produced no male children; that, in which the Veda has not been read; that, which has thick hair on the body; and those, which have been subject to haemorrhoids, to phthisis, to dyspepsia, to epilepsy, to leprosy, and to elephantiasis.
8. 'Let him not marry a girl with reddish hair, nor with any deformed limb; nor one troubled with habitual sickness; nor one either with no hair or with too much; nor one immoderately talkative; nor one with inflamed eyes;
9. 'Nor one with the name of a constellation, of a tree, or of a river, of a barbarous nation, or of a mountain, of a winged creature, a snake, or a slave; nor with any name raising an image of terrour.
10. 'Let him chuse for his wife a girl, whose form has no defect; who has an agreeable name; who walks gracefully like a phenicopteros or like a young elephant; whose hair and teeth are moderate respectively in quantity and in size; whose body has exquisite softness.
11. 'Her, who has no brother, or whose father is not well known, let no sensible man espouse, through fear lest, in the former case, her father should take her first son as his own to perform his obsequies; or, in the second case, lest an illicit marriage should be contracted.
12. 'For the first marriage of the twice born classes a woman of the
is recommended; but for such, as are impelled by inclination to marry again,
women in the direct order of the classes are to be preferred:
13. 'A Sudra woman only must be the wife of a Sudra; she and a Vaisya, of a Vaisya; they two and a Cshatriya, of a Cshatriya; those two and a Brahmani, of a Brahmen.
14. 'A woman of the servile class is not mentioned, even in the recital of any ancient story, as the first wife of a Brahmen or of a Cshatriya, though in the greatest difficulty to find a suitable match.
15. 'Men of the twice born classes, who, through weakness of intellect, irregularly marry women of the lowest class, very soon degrade their families and progeny to the state of Sudras:
16. 'According to ATRI and to (GO'TAMA) the son of UTAT'HYA, he, who thus marries a woman of the servile class, if he be a priest, is degraded instantly; according to SAUNACA, on the birth of a son, if be be a warriour, and, if he be a merchant, on the birth of a son's son, according to (me) BHRIGU.
17. 'A Brahmen, if he take a Sudra to his bed, as his first wife, sinks to the regions of torment; if he beget a child by her, he loses even his priestly rank:
18. 'His sacrifices to the Gods, his oblations to the Manes, and his hospitable attentions to strangers, must be supplied principally by her; but the Gods and Manes will not eat such offerings; nor can heaven be attained by such hospitality.
19. 'For the crime of him, who thus illegally drinks the
moisture of a Sudra's
lips, who is tainted by her breath, and who even begets a child on her body, the
law declares no expiation.
20. 'Now learn compendiously the eight forms of the nuptial ceremony used by the four classes, some good and some bad in this world and in the next:
21. 'The ceremony of BRAHMA, of the Devas, of the Rishis, of the Prajasatis, of the Asuras, of the Gandiarvas, and of the Racshasas; the eighth and basest is that of the Pisachas.
22. 'Which of them is permitted by law to each class, and what are the good and bad properties of each ceremony, all this I will fully declare to you, together with the qualities, good and bad, of the offspring.
23. 'Let mankind know, that the six first in direct order are by some held valid in the case of a priest; the four last in that of a warriour; and the same four, except the Rachasa marriage, in the cases of a merchant and a man of the servile class:
24. 'Some consider the four first only as approved in the case of a priest; one, that of Rachasas, as peculiar to a soldier; and, that of Asuras, to a mercantile and a servile man:
25. 'But in this code, three of the five last are held legal, and two illegal: the ceremonies of Pisachas and Asuras must never be performed.
26. 'For a military man the before mentioned marriages of Gandharvas and Racshasas, whether separate, or mixed, as when a girl is [p.123] made captive by her lover, after a victory over her kinsmen, are permitted by law.
27. 'The gift of a daughter, clothed only with a single robe, to a man learned in the Veda, whom her father voluntarily invites and respectfully receives, is the nuptial rite called Brahma.
28. 'The rite, which sages call Daiva, is the gift of a daughter, whom her father has decked in gay attire, when the sacrifice is already begun, to the officiating priest, who performs that act of religion.
29. 'When the father gives his daughter away, after having received from the bridegroom one pair of kine, or two pairs, for uses prescribed by law, that marriage is termed Arsha.
30. 'The nuptial rite called Prajapatya is, when the father gives away his daughter with due honour, saying distinctly: "May both of you perform together your civil and religious duties!"
31. 'When the bridegroom, having given as much wealth as he can afford to the father and paternal kinsmen, and to the damsel herself, takes her voluntarily as his bride, that marriage is named Asura.
32. 'The reciprocal connexion of a youth and a damsel, with mutual desire, is the marriage denominated Gandharva, contracted for the purpose of amorous embraces, and proceeding from sensual inclination.
33. 'The seizure of a maiden by force from her house, while
she weeps and calls
for assistance, after her kinsmen and friends have been slain in battle, or
wounded, and their houses broken open, is the marriage styled Racshasa.
34. 'When the lover secretly embraces the damsel, either sleeping or flushed with strong liquor, or disordered in her intellect, that sinful marriage, called Pasacha, is the eighth and the basest.
35. 'The gift of daughters in marriage by the sacerdotal class is most approved, when they previously have poured water into the hands of the bridegroom; but the ceremonies of the other classes may be performed according to their several fancies.
36. 'Among these nuptial rites, what quality is ascribed by MENU to each, hear now, ye Brahmens, hear it all from me, who fully declare it!
37. 'The son of a Brahmi, or wife by the first ceremony, redeems from sin, if he perform virtuous acts, ten ancestors, ten descendants, and himself the twenty-first person.
38. 'A son, born of a wife by the Daiva nuptials, redeems seven and seven in higher and lower degrees, of a wife by the Arsha, three and three; of a wife by the Prajapatya, six and six.
39. 'By four marriages, the Brahma and so forth, in direct order, are born sons illumined by the Veda, learned men, beloved by the learned.
40. 'Adorned with beauty, and with the quality of goodness, wealthy, famed,
amply gratified with lawful enjoyments, performing all duties, and living a
41. 'But in the other four base marriages, which remain, are produced sons acting cruelly, speaking falsely, abhorring the Veda, and the duties prescribed in it.
42. 'From the blameless nuptial rites of men springs a blameless progeny; from the reprehensible, a reprehensible offspring: let mankind, therefore, studiously avoid the culpable forms of marriage.
43. 'The ceremony of joining hands is appointed for those, who marry women of their own class; but, with women of a different class, the following nuptial ceremonies are to be observed:
44. 'By a Cshatriya, on her marriage with a Brahmen, an arrow must be held in her hand; by a Vaisya woman, with a bridegroom of the sacerdotal or military class, a whip; and by a Sudra bride, marrying a priest, a soldier, or a merchant, must be held the skirt of a mantle.
45. 'Let the husband approach his wife in due season, that is, at the time fit for pregnancy, let him be constantly satisfied with her alone; but, except on the forbidden days of the moon, he may approach her, being affectionately disposed, even out of due season, with a desire of conjugal intercourse.
46. 'Sixteen days and nights in each month, with four distinct days neglected by the virtuous, are called the natural season of women.
47. 'Of those sixteen, the four first, the eleventh, and the thirteenth, are
reprehended: the ten remaining nights are approved.
48. 'Some say, that on the even nights are conceived sons; on the odd nights, daughters: therefore let the man, who wishes for a son, approach his wife in due season on the even nights;
49. 'But a boy is in truth produced by the greater quantity of the male strength; and a girl, by a greater quantity of the female; by equality, an hermaphrodite, or a boy and a girl; by weakness or deficiency, is occasioned a failure of conception.
50. 'He, who avoids conjugal embraces on the six reprehended nights and on eight others, is equal in chastity to a Brahmachari, in whichever of the two next orders he may live.
51. 'Let no father, who knows the law, receive a gratuity, however sin all, for giving his daughter in marriage; since the man, who, through avarice, takes a gratuity for that purpose, is a seller of his offspring.
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.
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
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 family 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 of an enemy.
59. 'Let those women, therefore, be continually supplied with ornaments, apparel, and food, at festivals 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 prescribed ceremonies, by
reading the Veda, and by irreverence toward a Brahmen, great families are
to a low state:
64. 'So they are by practicing manual arts, by lending at interest and other pecuniary transactions, by begetting children on Sudras 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 sacrifice, 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 Veda, though possessing little temporal wealth, are numbered among the great, and acquire exalted fame.
67. 'Let the house-keeper perform domestic religious 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 performed.
68. 'A house-keeper has five places of slaughter, or where small living creatures may be slain, his kitchen-hearth, his grind-stone, his broom, his pestle and mortar, his water-pot; by using which, he becomes 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 sages to be performed each day by such as keep house.
70. 'Teaching and studying the scripture is the sacrament of the
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; receiving guests with honour, the sacrament of men:
71.'Whoever omits not those five great ceremonies, 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 departed fore-fathers; and himself; that man lives not, even though he breathe.
73. 'Some call the five sacraments ahuta and huta, prahuta, brahmyahuta, and prajita:
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; brahmyahuta is respect shewn to twice-born guests; and prajita, or well eaten, is the offering of rice or water to the manes of ancestors.
75. 'Let every man in this second order employ himself daily in reading the scripture, and in performing the sacrament of the Gods; for, being employed 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 [p.130] 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:
79. 'That order, therefore, must be constantly sustained with great care by the man, who seeks unperishable bliss in heaven, and in this world pleasurable sensations, an order, which cannot be sustained by men with uncontrolled organs.
80. 'The divine sages, the manes, the gods, the spirits, and guests, pray for benefits to matters of families; let these honours, therefore, be done to them by the house-keeper, who knows his duty:
81. 'Let him honour the sages by studying the Vedas, the gods, by oblations to fire ordained by law; the manes, by pious obsequies; men, by supplying them with food; and spirits, by gifts to all animated creatures.
82. 'Each day let him perform a sraddha, 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 Brahmen in that sacrament among the five, which is performed for the Pitus; but, at the oblation to all the Gods, let him not invite even a single priest.
84. 'In his domestick fire for dressing the food of all the Gods, after the
prescribed ceremony, let a Brahmen make an oblation each day to these following
85. '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 DHANWANTARI, God of Medicine;
80. 'To CUHU, goddess of the day, when the new moon is discernible; to ANUMATI, goddess of the day after the opposition; to PRAJA'PATI, or the Lord of Creatures; to DYA'VA and PRITHIVI, goddesses of sky and earth; and lastly, to the fire of the good sacrifice.
87. 'Having thus, with fixed attention, offered clarified 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 creatures:
88. 'Saying, "I salute the Maruts" or Winds, 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 northeast, or near his pillow, to SRI', the goddess of abundance; in the southwest, or at the foot of his bed, to the propitious goddess BHADRACA'LI'; in the centre of his mansion, to BRAHMA and his household God;
90. 'To all the Gods assembled, let him throw up his oblation in open air; by day, to the spirits, who walk in light; and by night to those, who walk in darkness:
91. 'In the building on his housetop, 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 consumption, of crows, and of reptiles, let him drop on the ground by little and little.
93. 'A Brahmen, who thus each day shall honour all beings, will go to the highest region in a straight path, with an irradiated form.
94. 'When he has performed this duty of making oblations, let him cause his guest to take food before himself; and let him give a portion of rice, as the law ordains, to the mendicant, who studies the Veda.
95. 'Whatever fruit shall be obtained by that student, as the reward of his virtue, when he shall have given a cow to his preceptor, according to law, the like reward of virtue shall be obtained by the twice-born house-keeper, when he has given a mouthful of rice to the religious mendicant.
90. 'To a Brahmen, who knows the true principle of the Veda, 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 delusion 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
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 duties of courtesy.
100. 'A Brahmen, coming as a guest, and not received with just honour, takes to himself all the reward of the house-keeper's former virtue, even though he had been so temperate as to live on the gleanings of harvests, and so pious as to make oblations in five distinct fires.
101. 'Grass and earth to sit on, water to wash the feet, and, fourthly, affectionate speech are at no time deficient in the mansions of the good, although they may be indigent.
102. 'A Brahmen, staying but one night as a guest, is called an atishi; since, continuing so short a time, he is not even a sojourner for a whole tithi, or day of the moon.
103. 'The house-keeper must not consider as an atishi a mere visitor of the same town, or a Brahmen, who attends him on business, even though he 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.
105. 'No guest must be dismissed in the evening by a house-keeper: he is
the retiring sun; and, whether he come in fit season or unreasonably, he must
not sojourn in the house without entertainment.
106. 'Let not himself eat any delicate food, without asking his guest to partake of it: the satisfaction of a guest will assuredly bring the house-keeper wealth, reputation, long life, and a place in heaven.
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 oblation to all the Gods is concluded, for him also let the house-keeper prepare food, according to his ability; but let him not repeat his offerings to animated beings.
109. 'Let no Brahmen guest proclaim his family and ancestry for the sake of an entertainment; since he, who thus proclaims them, is called by the wise a vantasi, or soul-feeding demon.
110. 'A military man is not denominated a guest in the house of a Brahmen; nor a man of the commercial 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, according to his desire, after the before mentioned Brahmens have eaten.
112. 'Even to a merchant or a labourer, approaching his house in the manner of
guests, let him give food, showing marks of benevolence, at the same time with
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 with his wife and himself, having amply provided it according to his best means.
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.
115. 'The idiot, who first eats his own meal, 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 Brahmen 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 himself only, eats nothing but sin: a repast on what remains, after the sacraments, is called the banquet of the good.
119. 'After a year from the reception of a visitor, let the housekeeper again honour a king, a sacrificer, a student returned from his preceptor, a son in law, a father in law, and a maternal uncle, with a madbuperca, or present of honey, curds, and fruit.
120. 'A king or a Brahmen, arriving at the celebration of the
sacrament, are to
be honoured with a madhuperca; but not, if the sacrament be over: this is a
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 Vaiswadeva, is ordained both for evening and morning.
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 fraddha, called pinddu wahdrya:
123. 'Sages have distinguished the monthly fraddha by the title of anivdharya, 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.
124. 'What Brahmens must be entertained at that ceremony, and who must be accepted, how many are to be fed, and with what sort of food, on all those articles without omission, I will fully discourse.
125. 'At the fraddha of the gods he may entertain two Brahmens; at that of his father, paternal grandfather, and paternal great grandfather, three; or one only at that of the gods, and one at that for his three paternal ancestors: though he abound in wealth, let him not be solicitous to entertain a large company.
126. 'A large company destroys these five advantages; reverence to priests, propriety of time and place, purity, and the acquisition of [p.137] virtuous Brahmens: 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 appellation of pitrya, or ancestral: the legal ceremony, in honour of departed spirits, rewards with continual fruit a man engaged in such obsequies.
128. 'Oblations to the gods and to ancestors should be given to a most reverend Brahmen, perfectly conversant with the Veda; since what is given to him produces the greatest reward.
129. 'By entertaining one learned man at the oblation 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 Brahmen, who has advanced to the end of the Veda: 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 atifhi, or guest.
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 entertainment, 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 learning; 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.
133. 'As many mouthfuls as an unlearned man shall swallow at an oblation to the
gods and to ancestors, so many red-hot iron balls must the giver of the fraddha
swallow in the next world.
134. 'Some Brahmens are intent on scriptural knowledge; others, on austere devotion; some are intent both on religious austerity and on the study of the Veda; others, on the performance of sacred rites:
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 Brahmens of all the four descriptions.
136. 'There may be a Brahmen, whose father had not studied the scripture, though the son has advanced to the end of the Veda; or there may be one, whose son has not read the Veda; though the father had travelled to the end of it:
137. 'Of those two let mankind consider him as the superiour, whose father had studied the scripture; yet, for the sake of performing rites with holy texts, the other is worthy of honour.
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 fraddha give food, whom he considers neither as a friend nor as a foe.
139. 'For him, whose obsequies and offerings of clarified butter are provided chiefly through friendship, no fruit is reserved in the next life, on account either of his obsequies or of his offerings.
140. 'The man, who, through delusion of intellect, forms temporal connexions by
obsequies, is excluded from heavenly mansions, as a giver of the fraddha for the
sake of friendship, and the meanest of twice-born men:
141. 'Such a convivial present, by men of the three highest classes, is called the gift of Pisachas, and remains fixed here below, like a blind cow in one stall.
142. 'As a husbandman, having sown seed in a barren soil, reaps grain, thus a performer of holy rites, having given clarified butter to an unlearned Brahmen, attains no reward in heaven;
143. 'But a present made, as the law ordains, to a learned theologian, renders both the giver and the receiver partakers of good fruits in this world and in the next.
144. 'If no learned Brahmen be at hand, he may at his pleasure invite a friend to the fraddha, 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 fraddha to a priest, who has gone through the scripture, but has chiefly studied the Rig-Veda; 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 Saman:
146. 'Of that man, whose oblation has been eaten, after due honours, by any one of those three Brahmens, the ancestors are constantly satisfied as high as the seventh person, or so the sixth degree.
147. 'This is the chief rule in offering the fraddha 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:
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.
149. 'For an oblation to the gods, let not the man, who knows what is law, scrupulously inquire into the parentage of a Brahmen; but for a prepared oblation to ancestors, let him examine it with strict care.
150. 'Those Brahmens, who have committed any inferiour theft or any of the higher crimes, who are deprived of virility, or who profess disbelief in a future state, MENU has pronounced unworthy of honour at a fraddha to the gods or to ancestors.
151. 'To a student in theology, who has not read the Veda, 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.
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 progenitors.
153. '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 Brahmens, a younger brother married before the elder,
an elder brother not married before the younger, and 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 Sudra, the son of a twice-married woman, a man who has lost one eye, and a husband in whose house an adulterer dwells,
156. 'One who teaches the Veda for wages, and one who gives wages to such a teacher, the pupil of a Sudra, and the Sudra preceptor, a rude speaker, and the son of an adulteress, born either before or after the death of the husband.
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.
158. 'A house burner, a giver of poison, an eater of food offered by the son of an adulteress, a seller of the moonplant, a species of mountain rue, a navigator of the ocean, a poetical encomiast, an oil-man, and a suborner of perjury,
159. 'A wrangler with his father, an employer of gamesters for his own benefit, a drinker of intoxicating spirits, a man punished for sin with elephantiasis, one of evil repute, a cheat, and a seller of liquids,
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, [p.142] the keeper of a gaming house, and a father instructed in the Veda by his own son,
161. 'An epileptick person, one who has the erysipelas or the leprosy, a common informer, a lunatick, a blind man, and a despiser of scripture, must 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,
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,
164. 'A breeder of sporting dogs, a falconer, a seducer of damsels, a man delighting in mischief, a Brahmen living as a Sudra, a sacrificer to the inferiour gods only,
165. 'He, who observes not approved customs, and he, who regards not prescribed duties, a constant importunate asker of favours, he, who supports himself by tillage, a clubfooted man, and one despised by the virtuous,
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.
167. 'Those lowest of Brahmens, whose manners are contemptible, who are not admissible into company at a repast, an exalted and learned priest must avoid at fraddhas.
168. 'A Brahmen, unlearned in holy writ, is extinguished in an
instant, like a
fire of dry grass: to him the oblation must not be given; for the clarified
butter must not be poured on ashes.
169. 'What retribution is prepared in the next life for the giver of food to men inadmissible into company, at the fraddha to the gods and to ancestors, I will now declare without omission.
170. 'On that food, which has been given to Brahmens, 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 unmarried, is called a perivettri, and the elder brother, a perivitti:
172. 'The perivettrt, 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,
173. 'He, who lasciviously dallies with the widow of his deceased brother, though she be legally married to him, is denominated the husband of a didhishu.
174. 'Two sons, named a cunda and a golaca, are born in adultery the cunda, while the husband is alive, and the golaca, when the husband is dead:
175. 'Those animals begotten by adulterers, destroy, both in this world and in the next, the food presented to them by such, as make oblations to the gods or to the manes.
176. 'The foolish giver of fraddha loses, in a future life, the fruit of as
many admissible guests, as a thief or the like person, inadmissible into
company, might be able to see.
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 a hundred; one punished with elephantiasis, of a thousand.
178. 'Of the gift at a fraddha to as many Brahmens, as a sacrificer for a Sudra might be able to touch on the body, the fruit is lost to the giver, if he invite such a wretch;
179. 'And if a Brahmen, who knows the Veda, 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 moonplant, becomes ordure in another world; to a physician, purulent 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 trader, endures neither in this life nor in the next, and that bestowed on a Brahmen, who has married a widow, resembles clarified butter poured on ashes as an oblation to fire.
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 Brahmens a company may be purified,
when it has been defiled by inadmissible persons; Brahmens, the chief of their
class, the purifiers of every assembly.
184. 'Those priests must be considered as the purifiers of a company, who are most learned in all the Vedas and all their Angas, together with their descendants, who have read the whole scripture:
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-Veda; one, who explains the six Veddagas; the son of a Brahmi, or woman married by the Brahma ceremony; and one, who chants the principal Saman;
186. 'One, who propounds the sense of the Vedas, which he learnt from his preceptor, a student, who has given a thousand cows for pious uses, and a Brahmen a hundred years old, must all be considered as the purifiers of a party at a fraddha.
187. 'On the day before the sacred obsequies, or on the very day when they are prepared, let the performer of them invite, with due honour, such Brahmens as have been mentioned; usually one superiour, who has three inferiour to him.
188. 'The Brahmen, who has been invited to a fraddha for departed ancestors, must be continually abstemious; he must not even read the Vedas; and he, who performs the ceremony, must act in the same manner.
189. 'Departed ancestors, no doubt, are attendant on such invited Brahmens; hovering around them like pure spirits, and sitting by them, when they are seated.
190. 'The priest, who having been duly invited to a
fraddha, breaks the
appointment, commits a grievous offence, and, in his next birth, becomes a hog.
191. 'He, who caresses a Sudra 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.
192. 'The Pitris, or great progenitors, are free from wrath, intent on purity, ever exempt from sensual passions, endued with exalted qualities: they are primeval divinities, who have laid arms aside.
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 MARI'CHI and of all the other Rishis, who were the offspring of MENU, son of BRAHMA, are called the companies of Pitris, or forefathers.
195. 'The Samasads, who sprang from VIRA'J, are declared to be the ancestors of the Sadhyas; and the Agnishwattas, who are famed among created beings as the children of MARI'CHI, to be the progenitors of the Devas.
196. 'Of the Daityas, the Danavas, the Yacshas, the Gandharvas, the Uragas, or Serpents, the Racshases, the Garudas, and the Cinnaras; the ancestors are Barhishads descended from ATRI;
197. 'Of Brahmens, those named Somapas; of Cshatriya, the Havishmats; of Vaisya, those called Ajyapas; of Sudras, the Sucalins:
198. 'The Samapas descended from the BHRIGU; the Havishmats, from ANGIRAS;
from PULASTYA; the Sucalins, from VASISHT'HA.
199. 'Those who are, and those who are not, consumable by fire, called Agnidagdhas, and Anagnidagdhas, the Cavyas, the Barhishads, the Agnishwattas, and the Saumyas, let mankind consider as the chief progenitors of Brahmens.
200. 'Of those just enumerated, who are generally reputed the principal tribes of Pitris, the sons and grandsons indefinitely, are also in this world considered as great progenitors.
201. 'From the Rishis come the Pitris, or patriarchs; from the Pitris, both Devas and Danavas; from the Devas, this whole world of animals and vegetables, in due order.
202. 'Mere water, offered with faith to the progenitors of men, in vessels of silver, or adorned with silver, proves the source of incorruption.
203. 'An oblation by Brahmens to their ancestors transcends an oblation to the deities; because that to the deities is considered as the opening and completion of that to ancestors.
204. 'As a preservative of the oblation to the patriarchs, let the house-keeper begin with an offering to the gods; for the Racshafes rend in pieces an oblation which has no such preservative.
205. 'Let an offering to the gods be made at the beginning and end of the fraddha: it must not begin and end with an offering to ancestors; for he, who begins and ends it with an oblation to the Pitru, 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 toward the
207. 'The divine manes are always pleased with an oblation in empty glades, naturally clean, on the banks of rivers, and in solitary spots.
208. 'Having duly made an ablution with water, let him place the invited Brahmens, who have also 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 honoured the gods) with fragrant garlands and sweet odours.
210. 'Having brought water for them with cusa-grass and tila, let the Brahmen, with the Brahmens, pour the oblation, as the law directs, on the holy fire.
211. 'First, as it is ordained, having satisfied AGNI, SO'MA, YAMA, with clarified butter, let him proceed to satisfy the manes of his progenitors.
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 Brahmen; since, what fire is, even such is a Brahmen, as priests, who know the Veda declare:
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 advancement of human creatures.
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
215. 'From the remainder of the clarified butter having formed three balls of rice, let him offer them, with fixed attention, in the same manner as the 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 Veda.
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:
219. 'Then, taking a small portion of the cakes in order, let him first, as the law directs, cause the Brahmens to eat of them, while they are seated.
220. 'If his father be alive, let him offer the fraddha to his ancestors in three higher degrees; or let him cause his own father to eat, as a Brahmen, at the obsequies:
221. 'Should his father be dead, and his grandfather living, let him, in
celebrating the name of his father, that is, in performing obsequies to him,
celebrate also his paternal great grandfather;
222. 'Either the paternal grandfather may partake of the fraddha (so has MENU declared) or the grandson, authorized by him, may perform the ceremony at his discretion.
223. 'Having poured water, with cusa-grass and tila, into the hands of the Brahmens, let him give them the upper part of the cakes, saying, "Swadha to the manes!"
224. 'Next, having himself brought with both hands a vessel full of rice, let him, still meditating on the Pitrts, place it before the Brahmens without precipitation.
225. 'Rice taken up, but not supported with both hands, the malevolent Asuras quickly rend in pieces.
226. 'Broths, potherbs, and other eatables accompanying 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:
227. 'Let him add spiced puddings, and milky messes of various sorts, roots of herbs and ripe fruits, savoury meats, and sweet smelling drinks.
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 Brahmens, proclaiming their qualities.
229. 'Let him at no time drop a tear; let him on 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:
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 Brahmens, let him give without envy; and let him discourse on the attributes of GOD: such discourse is expected by the manes.
232. 'At the obsequies to ancestors, he must let the Brahmens hear passages from the Veda, from the codes of law, from moral tales, from heroick poems, from the Puranas, and from theological texts.
233. 'Himself being delighted, let him give delight to the Brahmens, and invite them to eat of the provisions by little and little; attracting them often with the dressed rice and other eatables, and mentioning their good properties.
234. 'To the son of his daughter, though a student in theology, let him carefully give food at the fraddha; offering him a blanket from Nepal as his seat, and sprinkling the ground with tila:
235. 'Three things are held pure at such obsequies, the daughter's son, the Nepal blanket, and the tila; and three things are praised in it by the wise, cleanliness, freedom from wrath, and want of precipitate haste.
236. 'Let all the dressed food be very hot; and let the
Brahmens eat it in
silence; nor let them declare the qualities of the food, even though asked by
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.
238. 'What a Brahmen 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.
239. 'Let not a Cbanddla, a town boar, a cock, a dog, a woman in her courses, or an eunuch, see the Brahmens eating:
240. 'That, which any one of them sees at the oblation to fire, at a solemn donation of cows and gold, at a repast given to Brahmens, 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 look; the man of the lowest class, by the touch.
242. 'If a lame man, or a man with one eye, or a man with a limb defective or redundant, be even a servant of the giver, him also let his matter remove from the place.
243. 'Should another Brahmen, or a mendicant, come to his house for food, let him, having obtained permission from the invited Brahmens, entertain the stranger to the best of his power.
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 Brahmens,
who have eaten; dropping some on the blades of cusa-grass, which have
been spread on the ground.
245. 'What remains in the dishes, and what has been dropped on the blades of cusa, must be considered as the portion of deceased Brahmens, not girt with the sacrificial thread, and of such as have deserted unreasonably the women of their own tribe.
246. 'The residue, that has fallen on the ground at the fraddha 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 Brahmen recently deceased; but the performer of them must in that case give the fraddha without the ceremony to the Gods, and offer only one round cake; and these obsequies for a single ancestor should be annually performed on the day of his death:
248. 'When, afterwards, the obsequies to ancestors 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 in the monthly ceremonies.
249. 'That fool, who, having eaten of the fraddha, gives the residue of it to a man of the servile class, falls headlong down to the hell, named Calasutra.
250. 'Should the eater of a fraddha enter, on the same day, the bed of a
woman, his ancestors would sleep for that month on her excrement.
251. 'Having, by the word swaditam, asked the Brahmens if they have eaten well, let him give them, being satisfied, water for an ablution, and courteously say to them: "Rest either at home or here."
252. 'Then let the Brahmens address him, saying swadha; for, in all ceremonies relating to deceased ancestors, the word swadha is the highest benison.
253. 'After that, let him inform those, who have eaten, of the food which remains; and, being instructed by the Brahmens, let him dispose of it, as they may direct.
254. 'At the close of the fraddha to his ancestors, he must ask, if the Brahmens are satisfied, by the words swadita, after that for his family, by the word susruta; after that for his own advancement, by the word ampanna; after that, which has been offered to the gods, by the word ruchita.
255. 'The afternoon, the cusa-grass, the cleansing of the ground, the tilas, the liberal gifts of food, the due preparation for the repast, and the company of most exalted Brahmens, are true riches in the obsequies to ancestors.
256. 'The blades of cusa, the holy texts, the forenoon, all the oblations, which will presently be enumerated, and the purification [p.155] before mentioned, are to be considered as wealth in the fraddha to the gods:
257. 'Such wild grains as are eaten by hermits, milk, the juice of the moonplant, meat untainted, and fait unprepared by art, are held things fit, in their own nature, for the last mentioned offering.
258. 'Having dismissed the invited Brahmens, keeping 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 fraddha, 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.
261. 'Some make the offering of the round cakes after the repast of the Brahmens; some cause the birds to eat what remains, or cast it into water or fire.
262. 'Let a lawful wife, ever dutiful to her lord, and constantly honouring his ancestors, eat the middlemost of the three cakes, or that offered to his paternal grandfather, with due ceremonies, praying for offspring:
263. 'So may she bring forth a son, who will be long-lived, famed, and strong-minded, wealthy, having numerous descendants, endued with the best of qualities, and performing all duties religious and civil.
204. 'Then, having washed both his hands and sipped water, let him prepare
rice for his paternal kinsmen; and, having given it them with due reverence, let
him prepare food also for his maternal relations.
265. 'Let the residue continue in its place, until the Brahmens have been dismissed; and then let him perform the remaining domestick sacraments.
266. 'What sort of oblations, given duly to the manes, are capable of satisfying them for a long time or for eternity, I will now declare without omission.
267. 'The ancestors of men are satisfied a whole month with tila, rice, barley, black lentils or vetches, water, roots, and fruit, given with prescribed ceremonies;
268. 'Two months, with fish; three months, with venison; four, with mutton; five, with the flesh of such birds, as the twice-born may eat;
269. 'Six months, with the flesh of kids; seven, with that of spotted deer; eight, with that of the deer, or antelope, called ena; 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 casasaca, the fish mahasalca, 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 satisfaction without end.
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 Magha, 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 honey 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 offers, as the law has directed, becomes a perpetual unperishable gratification to his ancestors in the other world;
276. 'The tenth and so forth, except the fourteenth, 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 former, or bright half, so the latter half of the day surpasses, for the same suppose, the former half of it.
279. 'The oblation to ancestors must be duly made, even to the
conclusion of it
with the distribution to the servants (or even to the close of life), in the
form prescribed, by a Brahmen wearing his thread on his right shoulder,
proceeding from left to right, without remissness, and with cusa-grass in his
280. 'Obsequies must not be performed by night; since the night is called racshasi or infested by demons; nor while the sun is rising or setting, nor when it has just risen.
281. 'A house-keeper, unable to give a monthly repast, may perform obsequies here below, according to the sacred ordinance, only thrice a year, in the seasons of hemanta, grishma, and versha; but the five sacraments he must perform daily.
282. 'The sacrificial oblation, at obsequies to ancestors, is ordained to be made in no vulgar fire; nor should the monthly fraddha of that Brahmen, who keeps a perpetual fire, be made on any day except on that of the conjunction.
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 fraddha.
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 Veda.
285. 'Let a man, who is able, continually feed on vighasa, and continually feed
on amrita: by vighasa is meant the residua of a repast at
obsequies; and by
amrita, the residue of a sacrifice to the gods.
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.
CHAPTER THE FOURTH.
On Economicks, and Private Morals.
1. 'Let a Brahmen, having dwelt with a preceptor during the
first quarter of a
man's life, pass the second quarter of human life in his own house, when he has
contracted a legal marriage.
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 prescribed 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. 'He may live by rita and amrita, or, if necessary, by mrita, or pramrita, or even by satyanrita; but never let him subsist by swavritti:
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 pramrita;
6. 'Traffick and money lending are satyanrita; 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 may either store up grain for three years; or garner up enough for one year; or coiled; what may last three days; or make no provision for the morrow.
8. 'Of the four Brahmens 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 livelihood; another by three of them; a third, by two only; and a fourth lives barely on continually teaching the Veda.
10. 'He, who sustains himself by picking up grains and ears, must attach himself to some altar of consecrated 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 by the conduct of a priest, neither crooked, nor artful, nor blended with the manners of the mercantile class.
12. 'Let him, if he seek happiness, be firm in perfect content, and check all desire of acquiring more than he possesses; for happiness has its root in content, and discontent is the root of misery.
13. 'A Brahmen keeping house, and supporting himself by any of the legal means
before mentioned, must discharge these following duties, which conduce to fame,
length of life, and beatitude.
14. 'Let him daily without sloth perform his peculiar duty, which the Veda prescribes; for he, who performs that duty, as well as he is able, attains the highest path to supreme bliss.
15. 'He must not gain wealth by musick or dancing, or by any art that pleases the sense; nor by any prohibited art; nor, whether he be rich or poor, must he receive gifts indiscriminately.
16. 'Let him not, from a selfish appetite, be strongly addicted to any sensual gratification; let him, by improving his intellect, studiously preclude an excessive attachment to such pleasures, even though lawful.
17. 'All kinds of wealth, that may impede his reading the Veda, let him wholly abandon, persisting by all means in the study of scripture; for that will be found his most beneficial attainment.
18. 'Let him pass through this life, bringing his apparel, his discourse, and his frame of mind, to a conformity 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 Veda;
20. 'Since, as far as a man studies completely the system of
so far only can he become eminently learned, and so far may his learning shine
21. 'The sacramental oblations to sages, to the gods, to spirits, to men, and to his ancestors, let him constantly perform to the best of his power.
22. '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:
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 offering:
24. 'Other Brahmens incessantly perform those sacrifices with scriptural knowledge only; seeing with the eye of divine learning, that scriptural knowledge is the root of every ceremonial observance.
25. 'Let a Brahmen 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 consumed, let him offer new grain for a plentiful harvest; and at the close of the season, let him perform the rites called advara; at the solstices let him sacrifice cattle; at the end of the year, let his oblations be made with the juice of the moonplant:
27. 'Not having offered grain for the harvest, nor cattle at the time of the
solstice, let no Brahmen, who keeps hallowed fire, and wishes for long life,
taste rice or flesh;
28. '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 esculent roots, and with fruit:
30. 'But, let him not honour with his conversation such as do forbidden cats; 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 Brahmens of the second order, who are learned in theology, who have returned home from their preceptors, after having performed their religious duties and fully studied the Veda; but men of an opposite description let him avoid.
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, without inconvenience to his family, for all sentient beings, animal and vegetable.
33. 'A priest, who is master of a family, and pines with hunger, may seek wealth from a king of the military class, from a sacrificer, [p.166] 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.
36. 'Let him carry a staff of Venus 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.
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. 'By a mound of earth, by a cow, by an idol, by a Brahmen, by a pot of clarified butter, or of 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;
41. 'Since the knowledge, the manhood, the strength, the
eyesight, even the
vital spirit, of him, who approaches his wife thus defiled, utterly perish;
42. 'But the knowledge, the manhood, the strength, the fight, and the life of him, who avoids her in that state of defilement, are greatly increased.
43. 'Let him neither eat with his wife, nor look at her eating, or sneezing, or yawning, or sitting carelessly at her ease;
44. 'Nor let a Brahmen, 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 faeces in the highway, nor on ashes, nor where kine are grazing,
46. '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 in ditches with living creatures in them, nor walking, nor standing, nor on the bank of a river, nor on the summit of a mountain:
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 covered the earth with wood,
potherbs, dry leaves and grass, or the like, carefully suppressing his
utterance, wrapping up his breast and his head:
50. 'By day let him void them with his face to the north; by night, with his face to the south; at sunrise and sunset, in the same manner as by day;
51. 'In the made or in darkness, whether by day or by night, let a Brahmen 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 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, 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 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 water either urine or ordure, nor saliva, nor cloth, or any other thing, soiled with impurity, nor blood, nor any kinds of poison.
57. 'Let him not deep alone in an empty house; nor let him wake a
superiour to himself in wealth and in learning; nor let him speak to a woman at
the time of her courses; nor let him go to perform a sacrifice, unattended by an
58. 'In a temple of consecrated fire, in the pasture of kine, in the presences of Brahmens, in reading the Veda, and in eating his food, let him hold out his right arm uncovered.
59. 'Let him not interrupt a cow while she is drinking, 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, shew it to any man.
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 begin a journey alone: let him not reside long on a mountain.
61. 'Let him not dwell in a city governed by a Sudra king, nor in one surrounded with men unobservant of their duties, nor in one abounding with professed hereticks, nor in one swarming with lowborn outcasts.
62. 'Let him eat no vegetable, from which the oil has been extracted; nor indulge his appetite to satiety; nor eat either too early or too late; nor take any food in the evening, if he have eaten to fullness 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 a
braying noise, though agitated by passion.
65. 'Let him not warn 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 apprehensions.
66. 'Let him not use either slippers or clothes, or a sacerdotal string, or an ornament, or a garland, or a water pot, which before have been used by another.
67. 'With untrained beasts of burden let him not travel; nor with such, as are oppressed by hunger or by disease; nor with such as have imperfect horns, eyes, or hoofs; nor with such as have ragged tails:
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.
69. 'The sun in the sign of Canya, the smoke of a burning corse, and a broken seat, must be shunned: he must never cut his own hair and nails, nor ever tear his nails with his teeth.
70. 'Let him not break mould or clay without cause: let him not cut grass with his nails; let him neither 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; and so shall a detractor, and an unclean person.
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 cow, is in all modes culpable.
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 let him play with dice: let him not put off his sandals with his hand: let him not eat, while he reclines on a bed, nor what is placed in his hand, or on a bench;
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.
77. 'Let him never advance into a place undistinguishable 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.
78. 'Let not a man, who desires to enjoy long life, stand upon hair, nor upon ashes, bones, or potsherds, nor upon seeds of cotton, nor upon husks of grain.
79. 'Nor let him tarry even under the shade of the same tree with outcasts for great crimes, nor with Chandalas, nor with Puccasas, nor [p.172] with idiots, nor with men proud of wealth, nor with fishermen and other vile persons, nor with Antyavasayins.
80. 'Let him not give even temporal advice to a Sudras; nor, except to his own servant, what remains from his table; nor clarified butter, of which part has been offered to the gods; nor let him in person give spiritual counsel to such a man, nor personally inform him of the legal expiation for his sin:
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 Asamvrita.
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 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.
84. 'From a king, not born in the military class, let him accept no gift, nor from such as keep a slaughterhouse 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 slaughterhouses; one vintner's flag, as ten oil presses; one prostitute, as ten vintner's flags; one such king, as ten prostitutes;
86. 'With a slaughterer, therefore, who employs ten thousand
king, not a soldier by birth, is declared to be on a level; and a gift from him
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. 'Tamisra, Andhatdmisra, Maharaurava, Raurava, Naraca, Calasutra, and Mahanaraca;
89. 'Sanjsvana, Mahamchi, Tasana, Sampratapana, Sanhata, Sacacola, Cudmala, Putlmrittica;
90. 'Lohafancu, or iron spiked, and Risha, Panthana, the river Salmah, Asipatravana, or the sword leaved forest, and Lohangdraca, or the pit of red-hot charcoal.
91. 'Brahmens, who know this law, who speak the words of the Veda, and who seek bliss after death, accept no gifts from a king.
92. 'Let the housekeeper wake in the time sacred to BRA'HMI', the goddess of speech, that is, in the last watch of the night: let him then reflect on virtue and virtuous emoluments, on the bodily labour, which they require, and on the whole meaning and very essence of the Veda.
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.
94. 'By continued repetition of the gayatri at the twilights, the holy
acquire length of days, perfect knowledge, reputation during life, fame after
death, and celestial glory.
95. 'Having duly performed the upacarma, or domestick ceremony with sacred fire, at the full moon of Sravana or of Bhadra, let the Brahmen, fully exerting his intellectual powers, read the Vedas during four months and one fortnight:
96. 'Under the lunar asterism Pushya, or on the first day of the bright half of Magba, and in the first part of the day, let him perform, out of the town, the ceremony called the utserga of the Vedas.
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;
98. 'But after that intermission, let him attentively read the Vedas in the bright fortnights; and in the dark fortnights let him constantly read all the Veddagas.
99. 'He must never read the Veda without accents and letters well pronounced; nor ever in the presence of Sudras; nor, having begun to read it in the last watch of the night, must he, though fatigued, sleep again.
100. 'By the rule just mentioned let him continually, with his faculties exerted, read the Mantras, or holy texts, composed in regular measures; and, when he is under no restraint, let him read both the Mantras and the Brahmanas, or chapters on the attributes of GOD.
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.
104. 'When the priest perceives those accidents occurring at once, while his fires are kindled for morning and evening sacrifices, then let him know, that the Veda must not be read; and when clouds are seen gathered out of season.
105. 'On the occasion of a preternatural found 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:
106. 'But if, while his fires are blazing, the sound of lightning and thunder is heard without rain, his reading must be discontinued, only while the phenomenon lasts; the remaining event, or rain also happening, it must cease for a night and a day.
107. 'The reading of such, as wish to attain the excellent reward of virtue, must continually be suspended in towns and in cities, and always where an offensive smell prevails.
108. 'In a district, through which a corpse is carried, and in the
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 fraddha has recently been eaten, let no man even meditate in his heart on the holy texts.
110. 'A learned Brahmen, having received an invitation to the obsequies of a single ancestor, must not read the Veda for three days; nor when the king has a son born; nor when the dragon's head causes an eclipse.
111. 'As long as the scent and unctuosity of perfumes 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 Veda.
112. 'Let him not read lolling on a couch, nor with his feet raised on a bench, nor with his thighs crossed, nor having lately swallowed meat, or the rice and other food given on the birth or death of a relation;
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 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 [p.177] all remembrance of scripture; for which reasons he must avoid reading on those lunar days.
115. 'Let no Brahmen 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 town, or in a pasture for kine; nor in a mantle 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 fraddha, let him not, having lately accepted it, read the Veda; for such a Brahmen is said to have his mouth in his hand.
118. 'When the town is beset by robbers, or an alarm has been raised by fire, and in all terrors from strange phenomena, let him know, that his lecture must be suspended till the due time after the cause of terror has ceased.
119. 'The suspension of reading scripture, after a performance of the upacarma and usserga, 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 ceremonies, 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;
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 four 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 Saman meets his ear, he shall not read the Rich, or the Yajush; nor any 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 Rig-Veda is held sacred to the gods; the Yajurveda relates to mankind; the Somaveda concerns 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 learned read the Veda on every lawful day, having first repeated in order the pure essence of the three Vedas, namely, the pranava, the vyabritis, and the gayatri.
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 Brahmen constantly observe with great care; namely, when the place for reading it is impure, and when he is himself unpurified.
128. 'On the dark night of the moon, and on the eighth, on the night of the full
moon, and on the fourteenth, let a Brahmen, who keeps house, be continually
chaste as a student in theology, even in the season of nuptial embraces.
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.
130. 'Let him not intentionally pass over the shadow of sacred images, of a natural or spiritual father, of a king, of a Brahmen, who keeps house, or of any reverend personage; nor of a red-haired or copper-coloured man; nor of one, who has just performed a sacrifice.
131. 'At noon or at midnight, or having eaten flesh at a fraddha, 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 faeces and urine, or blood, or mucus, or any thing chewed and spitten out, or any thing vomited.
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;
134. 'Since nothing is known in this world is obstructive to length of days, as the culpable attention of a man to the wife of another.
135. 'Never let him, who desires an increase of wealth,
despise a warrior, a
serpent, or a priest versed in scripture, how mean soever they may appear;
136. 'Since those three, when contemned, may destroy a man; let a wise man therefore always beware of treating those three with contempt:
137. 'Nor should he despise even himself on account of previous miscarriages: let him pursue fortune till 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 say "well" only; but let him not maintain fruitless enmity and altercation with any man.
140. 'Let him not journey too early in the morning or too late in the evening, nor too near the midday, nor with an unknown companion, nor alone, nor with men of the servile class.
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.
142. 'Let no priest, unwashed after food, touch with his hand a cow, a Brahmen, or fire; nor, being in good health and unpurified, let him even look 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.
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 him be intent on those propitious observances which lead to good fortune, and on the discharge 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:
140. '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.
147. 'In due season let him ever study the scripture without negligence; for the sages call that his principal duty: every other duty is declared to be subordinate.
148. 'By reading the Veda continually, by purity of body and mind, by rigorous devotion, and by doing no injury to animated creatures, he brings to remembrance his former birth:
149. 'A Brahmen, remembering his former birth, again reads the Veda, and, by reading it constantly, attains bliss without end.
150. 'On the days of the conjunction and opposition, let him constantly make those oblations, which are hallowed by the Gayatri, and [p.182] those, which avert misfortune; but on the eighth and ninth lunar days of the three dark fortnights after the end of Agrahayan, let him always do reverence to the manes of ancestors.
151. 'Far from the mansion of holy fire, let him remove all ordure; far let him remove water, in which feet have been washed; far let him remove all remnants of food, and all seminal impurity.
152. 'At the beginning of each day let him discharge his faeces, bathe, rub his teeth, apply a collyrium to his eyes, adjust his dress, and adore the gods.
153. 'On the dark lunar day, and on the other monthly paruans, let him visit the images of deities, and Brahmens eminent in virtue, and the ruler of the land, for the sake of protection, and those whom he is bound to revere.
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 them.
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;
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 of misery, is afflicted with disease and
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.
159. 'Whatever at depends on another man, that act let him carefully shun; but whatever depends on himself, to that let him studiously attend:
160. '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 opposite.
162. 'Him, by whom he was inverted with the sacrificial 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.
163. 'Denial of a future state, neglect of the scripture, and contempt of the deities, envy and hatred, vanity and pride, wrath and severity, let him at all times avoid.
164. 'Let him not, when angry, throw a stick at another man, nor
smite him with
any thing; unless 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 Brahmen with intention to hurt him, shall be whirled about for a century in the hell named Tamisra;
166. 'But, having smitten him in anger and by design, even with a blade of grass, he shall be born, in one and twenty transmigrations, from the wombs of impure quadrupeds.
167. 'He, who, through ignorance of the law, sheds blood from the body of a Brahmen, 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 animals in his next birth.
169. 'Let not him then, who knows this law, even assault a Brahmen at any time, nor strike him even with grass, nor cause blood to gush from his body.
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 to unrighteousness; [p.185] 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 season; and, advancing by little and little, it eradicates the man, who committed it.
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 unrighteousness; then he beholds good things; then it is, that he vanquishes his foes; but he perishes at length from his whole root upwards.
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.
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 path, in which his parents and forefathers walked: while he moves in that path, he can give no offence.
179. 'With an attendant on consecrated fire, a performer of holy rites, and a
teacher of the Veda, 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 relations by marriage, and with cousins on the side
of his mother,
180. 'With his mother herself, or with his father, with his kinwomen, with his brother, with his son, his wife, or his daughter, and with his whole set of servants, let him have no strife.
181. 'A house-keeper, who shuns altercation with those just mentioned, is released from all secret faults; and, by suppressing all such disputes, he obtains a victory over the following worlds:
182. 'The teacher of the Veda secures him the world of BRAHMA; his father, the world of the Sun, or of the Prajapetis; his guest, the world of INDRA; his attendance on holy fire, the world of Devas.
183. 'His female relations, the world of celestial nymphs; his maternal cousins, the world of the Visvadevas; 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; 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: let him, therefore, when offended by any of those, bear the offence without indignation.
186. 'Though permitted to receive presents, let him avoid a habit of taking
them; since, by taking many gifts, his divine light soon fades.
187. 'Let no man of sense, who has not fully informed himself of the law concerning gifts of particular 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 mere ashes, like wood consumed by fire:
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 Veda, yet eager to take a gift, sinks down together with it, as with a boat of stone in deep water.
191. 'Let him then, who knows not the law, be fearful of presents from this or that giver; since an ignorant man, even by a small gift, may become helpless as a cow in a bog.
1Q2. 'Let no man, apprized of this law, present even water to a priest, who acts like a cat, not to him, who acts like a bittern, nor to him, who is unlearned in the Veda.
193. 'Since property, though legally gained, if it be given to either of those three, becomes prejudicial in the next world both to the giver and receiver:
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
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.
100. '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 Andhatamisra.
198. 'Let no man, having committed sin, perform a penance, under the pretext of austere devotion, disguising his crime under fictitious religion and deceiving both women and low men:
199. 'Such impostors, though Brahmens, are despised, in the next life and in this, by all who pronounce holy texts; and every religious act fraudulently performed goes to evil beings.
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.
202. 'He, who appropriates to his own use the carriage, the bed, the
well, the garden, or the house of another man, who has not delivered them to
him, assumes a fourth part of the guilt 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.
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 not his moral duties.
205. 'Never let a priest eat part of a sacrifice not begun with texts of the Veda, nor of one performed by a common sacrificer, by a woman, or by an eunuch:
206. 'When those persons offer the clarified butter, it brings misfortune to good men, and raises aversion in the deities; such oblations, therefore, he must carefully shun.
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;
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 [p.190] associated knaves, or of harlots; nor that which is contemned by the learned in scripture;
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;
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 night; nor the food of a servile man, nor the orts of another;
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 childbed; 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 honour to honourable men; nor any flesh, which has not been sacrificed; nor the food of a woman, who has neither a husband 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;
214. 'Nor that of a backbiter, or of a false witness; nor of one, who sells the reward of his sacrifice; nor of a publick dancer, or a tailor; nor of him, who has returned evil for good;
215. 'Nor that of a blacksmith, or a man of the tribe called Nishada, 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;
217. 'Nor of those, who knowingly bear with the 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 vigour; by one of the servile class, his divine light; by goldsmiths, his life; by leather cutters, his good name:
219. 'Given by cooks and the like mean artisans, it destroys his offspring; by a washerman, his muscular strength; but the food of knavish associates and harlots excludes him from heaven:
220. 'The food of a physician is purulent; that of a libidinous woman, seminal; that of an usurer, feculent; 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 seminal impurity, ordure, or urine.
223. 'Let the learned priest eat the dressed grain of a
servile man, who
performs no parental obsequies; but, having no other means to live, he may take
from him raw grain enough for a single night.
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 toward the gods, 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 sedulously perform sacred rites, and consecrate pools or gardens with faith; since those two acts, accomplished with faith and with riches honestly gained, procure an unperishable reward.
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 cheerful heart;
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.
229. 'A giver of water obtains content; a giver of food, extreme bliss; a giver of tila, desired offspring; 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,
231. 'A giver of clothes, the same station with 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 SU'RYA;
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 scriptural knowledge, union with GOD:
233. 'Among all those gifts, of water, food, kine, land, clothes, tija, gold, clarified butter, and the rest, a gift of spiritual knowledge is consequently the most important;
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 present, and he who respectfully accepts it, shall go to a seat of bliss; but, if they act other wise, to a region of horror.
236. 'Let not a man be proud of his rigorous devotion; let him not, having sacrificed, utter a falsehood; 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.
238. 'Giving no pain to any creature, let him collect 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; single he receives the reward of his good, and single the punishment of his evil, deeds:
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 inseparable companion; since with virtue for his guide, he will traverse a gloom, how hard to be traversed!
243. 'A man, habitually virtuous, whose offences have been expiated by devotion, is instantly conveyed 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 highest of men, avoiding the lowest and worst, attains eminence; but sinks, by an opposite conduct, to the class of the servile.
246. 'He, who perseveres in good actions, in subduing his passions, in bestowing largesses, in gentleness of manners, who bears hardships patiently, who associates not with the malignant, who gives pain to no sentient being, obtains final beatitude.
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. 'Gold, or other alms, voluntarily brought and presented, but unasked and unpromised, BRAHMA considered as receivable even from a sinner:
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.
250. 'A bed, houses, blades of cusa, perfumes, water, flowers, jewels, buttermilk, 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 [p.195] he is preparing to honour deities or guests, he may receive gifts from any person, but must not gratify himself with such presents:
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 herdsman, a slave, a barber, a poor stranger offering his humble duty, are men of the servile class, who may eat the food of their superiors:
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;
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.
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 performing regular sacrifices, he may resign all to his son of mature age, and reside in his family house, with no employment, but that of an umpire.
258. 'Alone, in some solitary place, let him constantly meditate on the divine nature of the soul, for by such meditation he will attain happiness.
259. 'Thus has been declared the mode, by which a Brahmen, who keeps
continually subsist, together with the rule of devotion ordained for a pupil
returned from his preceptor; a laudable rule, which increases the best of the
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.
CHAPTER THE FIFTH.
On Diet, Purification, and Women.
1. 'The sages, having heard those laws delivered for the
conduct of housekeepers,
thus addressed the high-minded BHRIGU, who
proceeded in a former birth from the genius of fire.
2. 'How, Lord, can death prevail over Brahmens, who know the scriptural ordinances, and perform their duties, as they have been declared?'
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 inclination of death, to destroy the chief of the twice-born:
4. 'Through a neglect of reading the Veda, through a desertion of approved usages, through supine remissness in performing holy rites, and through various offences in diet, the genius of death becomes eager to destroy them.
5. 'Garlick, onions, leeks, and mushrooms (which no twice-born man must eat), and all vegetables raised in dung,
6. 'Red gums or resins, exuding from trees, and juices from wounded
fruit selu, and the thickened milk of a cow
within ten days after her 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,
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:
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 Veda, and the bird called tittibha;
12. 'The sparrow, the water bird plava; the phenicopteros, the chacravaca, the breed of the towncock, the sarasa, the rajjuvala; the woodpecker, and the parrot, male and female;
13. 'Birds, that strike with their beaks, web-footed birds, the
who wound with strong talons, and those, who dive to devour fish: let him avoid
meat kept at a slaughter house, and
14. 'The heron, the raven, the chanjana, all amphibious fish-eaters, tame hogs, and fish of every sort, but those expressly permitted.
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:
16. 'Yet the two fish, called pathina and rohita, may be eaten by the guests, when offered at a repast in honour of the gods or the manes; and so may the rajva, the sinhatunda, and the sasalca of every species.
17. 'Let him not eat the flesh of any solitary animals, nor of unknown beasts or birds, though by general words declared eatable, nor of any creature with five claws;
18. 'The hedgehog and porcupine, the lizard godha, the gandaca, the tortoise, and the rabbit or hare, wife 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 a mushroom, the flesh of a tame hog, or a towncock, a leek, or an onion, or garlick, is degraded immediately;
20. 'But having undesignedly tasted either of those six things, he must perform the penance santapana, or the chandrayana, [p.202] which anchorets practise: for other things he must fast a whole day.
21. 'One of those harm penances, called prajapatya, 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.
22. 'Beasts and birds of excellent sorts may be slain by Brahmens for sacrifice, or for the sustenance of those, whom they are bound to support; since AGASTYA did this of old.
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 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 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.
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 hallowed 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.
28. 'For the sustenance of the vital spirit, BRAHMA created all this animal and
vegetable system; and all, that is moveable or immoveable, that spirit devours.
29. 'Things fixed are eaten by creatures with locomotion; toothless animals, by animals with teeth; those without hands, by those to whom hands were given; and the timid, by the bold.
30. 'He, who eats according to law, commits no sin, even though every day he taste 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 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.
32. 'No sin is committed by him, who, having honoured the deities and the manes, eats flesh meat, which he has bought, or which he has himself acquired, or which has been given him by another:
33. 'Let no twice-born man, who knows the law, and is not in urgent distress, eat flesh without observing this rule; for he, unable to save himself, will be devoured in the next world by those animals, whose flesh he has thus illegally swallowed,
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:
35. 'But the man, who, engaged in holy rites according to law,
refuses to eat
it, shall sink in another world, for twenty-one births, to the state of a beast.
36. 'Never let a priest eat the flesh of cattle unhallowed with mantras, but let him eat it, observing the primeval rule, when it has been hallowed with those texts of the Veda.
37. 'Should he have an earnest desire to taste flesh meat, he may gratify his fancy by forming the image of some beast with clarified butter thickened, 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 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 slaughterer.
40. 'Gramineous plants, cattle, timber trees, amphibious animals, and birds, which have been destroyed for the purpose of sacrifice, attain in the next world exalted births.
41. 'On a solemn offering to a guest, at a sacrifice, and in holy rites to the manes or to the gods, but on those occasions only, may cattle be slain: this law MENU enacted.
42. 'The twice-born man, who, knowing the meaning and principles of the
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 improved by learning, hurt animals without the sanction of scripture, even though in pressing distress, whether he live in his own house, or in that of his preceptor, or in a forest.
44. 'That hurt, which the scripture ordains, and which is done in this world of moveable and immoveable creatures, he must consider as no hurt at all; since law shone forth from the light of the scripture.
45. 'He, who injures animals, that are not injurious, from a wish to give himself pleasure, adds nothing to his own happiness, living or dead;
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.
47. 'He, who injures no animated creature, shall attain without hardship whatever he thinks of, whatever 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:
49. 'Attentively considering the formation of bodies, and the death or
confinement of embodied spirits, let him abstain from eating flesh meat of any
50. 'The man, who forsakes not the law, and eats not flesh meat, like a bloodthirsty demon, shall attain good will in this world, and shall not be afflicted with maladies.
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, desires to enlarge his own flesh with the flesh of another creature.
53. 'The man, who performs annually, for a hundred years, an aswamedha, 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.
55. "Me he (man sa) will devour in the next world, whose flesh I eat in this life:" thus should a flesh eater speak; and thus the learned pronounce the true derivation of the word mansa, 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.
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 classes in due order.
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 law for ten days, or until the fourth day, when the bones have been gathered up, or for three days, or for one day only, according to the qualities of the deceased:
60. 'Now the relation of the sapindas, or men connected by the funeral cake, ceases with the seventh person, or in the sixth degree of ascent or descent, and that of samanodacas, or those connected by an equal oblation of water, ends only, when their births and family-names are no longer known.
61. 'As this impurity, by reason of a dead kinsman, is ordained for sapindas, even thus it is ordained on a childbirth, for those who seek absolute purity.
62. 'Uncleanness, on account of the dead, is ordained for all; but on the birth of a child, for the mother and father: impurity, for ten [p.208] days after the childbirth, affects the mother only; but the father, having bathed, becomes pure.
63. 'A man, having wasted his manhood, is purified by bathing; but, after begetting a child on a parapurva, he must meditate for three days on his impure state.
64. 'In one day and night, added to nights three times three, the sapindas are purified after touching the corpse; but the samanodacas, in three days.
65. 'A pupil in theology, having performed the ceremony of burning his deceased preceptor, becomes 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 women in her courses is rendered 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 required.
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 collecting his bones at a future time:
69. 'Let no ceremony with fire be performed for him, nor that of sprinkling water; but his kindred, having left him like a piece of wood in the forest, shall be unclean for three days.
70. 'For a child under the age of three years, the ceremony with water
be performed by his kindred; but, if his teeth be completely grown, or 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 samanodaca, purification is required for three nights.
72. 'The relations of betrothed but unmarried damsels, are in three days made pure; and, in as many, are their paternal kinsmen purified after their marriage;
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 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 cafe of one dying at a distance, the following rule must be observed by those, who share the same cake, and by those, who share only the same water:
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;
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.
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
78. 'Should a child, whose teeth are not grown, or should, samanodaca, die in a distant region, the kinsman, having bathed with his apparel, becomes immediately pure.
79. 'If, during the ten days, another death or another birth intervene, a Brahmen remains impure, only till those ten days have elapsed.
80. 'A spiritual teacher being dead, the sages declare 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 dominion 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 Veda, or of a spiritual guide, who has read only part of it, with its Angas.
83. 'A man of the sacerdotal class becomes pure in ten days; of the warlike, in twelve; of the commercial, in five; of the servile, in a month.
84. 'Let no man prolong the days of impurity; let him not intermit the
ceremonies to be performed with holy fires: while he performs those rites, even
though he be a sapinda, he is not impure.
85. 'He, who has touched a Chandala, a woman in her courses, an outcast for deadly sin, a newborn child, 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 person, let him repeat, as well as he is able, the solar texts of the Veda; and those, which confer purity.
87. 'Should a Brahmen 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.
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 offering of water, he becomes pure in three nights.
89. 'For those, who discharge not their prescribed duties, for those, whose fathers were of a lower class than their mothers, for those, who wear a dress of religion unauthorized by the Veda, and for those, who illegally kill themselves, the ceremony of giving funeral water is forbidden by law;
90. 'And for women imitating such hereticks, as wear an unlawful dress, and for such women as live at their own pleasure, or have caused [p.212] an abortion, or have stricken their husbands, or have drunk any spirituous liquor.
91. 'A student violates not the rules of his order, by carrying out, when dead, his own instructor in the Vedas, who inverted him with his holy cord, or his teacher of particular chapters, or his reverend expounder of their meaning, or his father, or his mother.
92. 'Let men carry out a dead Sudra by the southern gate of the town; but the twice-born, in due order, by the western, northern, and eastern gates.
93. 'No taint of impurity can light on kings or students in theology, while employed in discharging their federal 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.
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 himself, or in defence of a cow, or of a priest; and with all those, whom the king wishes to be pure.
96. 'The corporeal frame of a king is composed of particles from SOMA, AGNI, SU'RYA, PAVANA, INDRA, CUVE'RA, VARUNA, and AMA, the eight guardian deities of the world:
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 impurity of
mortals both caused and removed.
98. 'By a soldier, discharging the duties of his class, and flash 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 kinsmen less intimately connected.
101. 'A Brahmen, having carried out a dead Brahmen, 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 the sapindas, he is purified in ten days; and in one day, if he neither partake of their food, nor dwell in the same house.
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 touching fire and tasting clarified butter.
104. 'Let no kinsman, whilst any of his own class are at hand,
cause a deceased
Brahmen to be carried out by a Sudra, 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;
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 Veda.
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 the chief of twice-born men, by fixing 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.
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
purification, ordained by the wife, 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.
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,
114. 'Vessels of copper, iron, brass, pewter, tin and lead, may be fitly cleansed with ashes, with acids, or with water.
115. 'The purification ordained for all sorts of liquids, 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 butter and juice of the moonplant, by rubbing them with the hand, and warning 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, winnow, and prepare the grain, must be purified with water made hot.
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.
110. 'Leathern utensils, and such as are made with cane, must generally be
purified in the same manner with cloths; green vegetables, roots, and fruit, in
the same manner with grain;
120. 'Silk and woollen stuff, with saline earths; blankets from Nepala, with pounded arihtas, or nimba fruit; vests and long drawers, with the fruit of the Bilva; mantles of cshuma, with white mustard-feeds,
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 cshuma are purified, with the addition of cows' urine or of water.
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 any spirituous liquor, with urine, with ordure, with spittle, with pus, or with blood, cannot, even by another burning, be rendered pure.
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.
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.
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 purifications of things inanimate.
127. 'The Gods declared three pure things peculiar to
Brahmens; what has been
defiled without their knowledge, what, in cases of doubt, they sprinkle with
water; and what they commend with
123. '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 fate; and that food is always clean, which a student in theology has begged and received: such is the sacred rule.
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.
133. 'Gnats, clear drops from the mouth of a speaker, a shadow, a cow, a horse, sunbeams, dust, earth, air, and fire, must all be considered as clean, even when they touch an unclean thing.
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:
135. 'Oily exudations, seminal fluids, blood, dandruff, urine, faeces, earwax, 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 faeces; so, ten for one hand, that is, the left, then seven for both: but if necessary, more must be used.
137. 'Such is the purification of married men; that of students must be double; that of hermits, triple; that of men wholly recluse, quadruple.
138. 'Let each man sprinkle the cavities of his body, and taste water in due form, when he has discharged urine or faeces; when he is going to read the Veda; 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. 'Sudras, engaged in religious duties, must perform each month the ceremony of shaving their heads; their food must be the orts of Brahmens; and their mode of purification, the same with that of a Vaisya.
141. 'Such drops of water, as fall from the mouth on any part of the body,
render it not unclean; nor hairs of the beard, that enter the mouth; nor what
adheres awhile to the teeth.
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 or been purged, let him 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.
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.
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 concerning women.
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:
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
kinsmen, 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.
150. 'She must always live with a cheerful temper, with good management in the affairs of the house, with great care of the household furniture, and with a frugal hand in all her expences.
151. 'Him, to whom her father has given her, or her brother with the paternal assent, let her obsequiously honour, while he lives; and, when he dies, let her never neglect him;
152. 'The recitation of holy texts, and the sacrifice 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.
153. 'When the husband has performed the nuptial rites with texts of the Veda, he gives bliss continually to his wife here below, both in season and out of season; and he will give her happiness in the next world.
154. 'Though inobservant of approved usages, or enamoured of another woman, or
devoid of good qualities, yet a husband must constantly be revered as a god by a
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 me is exalted in heaven.
156. 'A faithful wife, who wishes to attain in heaven the mansion of her husband, must do nothing unkind to him, be he living of dead:
157. 'Let her emaciate her body, by living voluntarily on pure flowers, roots, and fruit; but let her not, when her lord is deceased, even pronounce the name of another man.
158. 'Let her continue till death forgiving all injuries, performing harm duties, avoiding every sensual pleasure, 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 Brahmens, having avoided sensuality from their early youth, and having left no issue in their families, have ascended, nevertheless, to heaven;
160. 'And, like those abstemious men, a virtuous wife ascends to heaven, though she have no child, if, after the decease of her lord, she devote herself to pious austerity:
161. 'But a widow, who, from a wish to bear children, flights her
deceased husband by marrying again, brings disgrace on herself here below, and
excluded from the seat of her lord.
162. 'Issue, begotten on a woman by any other than her husband, is here declared to be no progeny of hers; no more than a child, begotten on the wife of another man, belongs to the begetter: nor is a second husband allowed, in any part of this code, to a virtuous woman.
163. 'She, who neglects her former (purva) lord, though of a lower class, and takes another (para) of a higher, becomes despicable in this world, and is called parapurva, or one who had a different husband before.
164. 'A married woman, who violates the duty, which me owes to her lord, brings infamy on herself 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,
165. 'While me, who flights not her lord, but keeps her mind, speech, and body, devoted to him, attains his heavenly mansion, and by good men is called sadva, or virtuous.
166. 'Yes; by this course of life it is, that a woman, 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 ordinances, must burn, with hallowed
fire and fit implements 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 performed funeral rites to his wife, who died before him, he may again marry, and again light the nuptial fire.
169. 'Let him not cease to perform day by day 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.
CHAPTER THE SIXTH.
On Devotion; or on the Third and Fourth Orders.
1. 'Having thus remained in the order of a housekeeper, as the law ordains, let
the twice born man, who had before completed his studentship, dwell in a forest,
his faith being firm and his organs wholly subdued.
2. 'When the father of a family, perceives his muscles become flaccid and his hair grey, and fees the child of his child, let him then seek refuge in a forest:
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.
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 [p.226] great sacraments before mentioned, introducing them with due ceremonies.
6. 'Let him wear a black antelope's hide, or a vesture of bark; let him bathe evening and morning; 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.
8. 'Let him be constantly engaged in reading the Veda; patient of all extremities, universally benevolent, with a mind intent on the Supreme Being; a perpetual giver, but no receiver of gifts; with tender affection for all animated bodies.
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 prescribed offering of new grain, and solemnize holy rites every four months, and at the winter and summer solstices.
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, which the wild
woods produced, let him eat what remains, together with some native salt, which
13. 'Let him eat green herbs, flowers, roots, and fruit, that grow on earth or in water, and the productions of pure trees, and oils formed in fruits.
14. 'Honey and flesh meat he must avoid, and all sorts of mushrooms, the plant bhustrina, that named sighruca, and the fruit of the sleshmataca.
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.
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.
18. 'Either let him pluck enough for a day, or let him gather enough for a month; or let him collect enough for six months, or lay up enough for a year.
19. 'Having procured food, as he is able, he may eat it at eve or in the morning; or he may take only every fourth, or every eighth, such regular meal;
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
fortnight, 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.
22. '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 alternately; 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:
24. 'Performing his ablution at the three Savanas, let him give satisfaction to the manes and to the gods; and, enduring harsher and harsher mortifications, let him dry up his bodily frame.
25. 'Then, having reposited his holy fires, as the law directs, in his mind, let him live without external fire, without a mansion, wholly silent, feeding 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 affection, dwelling at the roots of trees.
27. 'From devout Brahmens let him receive alms to support life, or from other
housekeepers of twice-born classes, who dwell in the forest:
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 Brahmen, 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 scripture, or chapters on the essence and attributes of God,
30. 'Which have been studied with reverence by anchorites versed in theology, and by housekeepers, who dwelt afterwards in forests, for the sake of increasing their sublime knowledge and devotion, and for the purification of their bodies.
31. 'Or, if he has any incurable disease, let him advance in a straight path, towards the invincible north eastern point, feeding on water and air, till his mortal frame totally decay, and his soul become united with the Supreme.
32. 'A Brahmen, 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 Sannyasi for the fourth portion of it, abandoning all sensual affections, and wholly reposing in the Supreme Spirit:
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, the manes, and the gods, let him apply his mind to final beatitude; but low shall He fall, who presumes to seek beatitude, without having discharged those debts:
36. 'After he has read the Vedas in the form prescribed by law, has legally begotten a son, and has performed sacrifices to the best of his power, he has paid his three debts, and may then apply his heart to eternal bliss;
37. 'But if a Brahmen have not read the Veda, if he have not begotten a son, and if he have not performed sacrifices, yet shall aim at final beatitude, he shall sink to a place of degradation.
38. 'Having performed the sacrifice of Prajapeti, accompanied with a gift of all his wealth, and having reposited in his mind the sacrificial fires, a Brahmen may proceed from his house, that is, from the second order, or he may proceed even from the first, to the condition of a Sannyasi.
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 animated beings, and pronouncing the mystick 'words' of the Veda:
40. 'To the Brahmen, by whom not even the smallest dread has been
sentient creatures, there can be no dread from any quarter whatever, when he
obtains a release from his mortal
41. 'Departing from his house, taking with him pure implements, his waterpot and staff, keeping silence, unallured by desire of the objects near him, let him enter into the fourth order.
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.
43. 'Let him have no culinary fire, no domicil; let him, when very hungry, go to the town for food; let him patiently bear disease; let his mind be firm; let him study to know God, and fix his attention on God alone.
44. 'An earthen waterpot, the roots of large trees, coarse vesture, total solitude, equanimity toward all creatures, these are the characteristicks of a Brahmen 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, left he touch any thing impure; let him drink water purified by straining with a cloth, lest he hurt some infect; let him, if he chuse to speak, utter words purified by truth; let him by all means keep his heart purified.
47. 'Let him bear a reproachful speech with patience; let him
reproachfully to no man; let him not, on account of this frail and feverish
body, engage in hostility with any one living.
48. 'With an angry man let him not in his turn be angry; abused, let him speak mildly; nor let him utter a word relating to vain illusory things and confined within seven gates, the five organs of sense; the heart, and the intellect; or this world, with three above and three below it.
49. 'Delighted with meditating on the Supreme Spirit, sitting fixed in such meditation, without needing any thing earthly, without one sensual desire, without any companion but his own soul, let him live in this world seeking the bliss of the next.
50. 'Neither by explaining omens and prodigies, nor by skill in astrology and palmistry, 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 beggars.
52. 'His hair, nails, and beard being clipped, bearing with him a dish, a staff, and a waterpot, his whole mind being fixed on GOD, let him wander about continually, without giving pain to animal or vegetable beings.
53. 'His dishes must have no fracture, nor must they be made of bright metals: the purification ordained 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
Brahmens devoted to God.
55. '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 inclined to sensual gratifications.
56. 'At the time when the smoke of kitchen fires 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 Sannyasi 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.
58. 'Let him constantly disdain to receive food after humble reverence; since, by receiving it in consequence of an humble salutation, a Sannyasi, though free, becomes a captive.
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 sentient creatures, he becomes fit for immortality.
61. 'Let him reflect on the transmigrations of men caused by their
on their downfall into a region of darkness, and their torments in the mansion of
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;
63. 'On their agonizing departure from this corporeal frame, their formation again in the womb, and 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 bliss attached to them from their abundant performance of all duties, religious and civil.
65. 'Let him reflect also, with exclusive application of mind, on the subtil indivisible 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 be 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, of his order is by no means an effective discharge of his duty;
67. 'As, although the fruit of the tree cataca purify 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 Sannyasi, by way of expiation for the death of those creatures, which he may have destroyed unknowingly by day or by night, make six suppressions of his breath, having duly bathed:
70. 'Even three suppressions of breath made according to the divine rule, accompanied with the triverbal phrase (bhurbhu'uah swah) and the triliteral syllable (om), may be considered as the highest devotion of a Brahmen;
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 gayatri 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 retrain all sensual attachments; by meditating on the intimate union of his own soul and the divine essence, let him extinguish all qualities repugnant to the nature of GOD.
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 omnipresence of GOD, can be led no
more captive by criminal acts; but he, who possesses not that sublime knowledge,
shall wander again through the
75. 'By injuring nothing animated, by subduing all sensual appetites, by devout rites ordained in the Veda, and by rigorous mortifications, men obtain, even in this life, the state of beatitude.
76. 'A mansion with bones for its rafters and 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 faeces and urine;
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 standing long; such a mansion of the vital soul let its occupier always cheerfully quit:
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 necessity or by legal choice, is delivered from the ravening 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 sensual delights, he then attains bliss in this world;
which shall endure after death.
81. 'Thus, having gradually abandoned all earthly attachments, and indifferent to all pairs of opposite things, as honour and dishonour, and the like, he remains absorbed in the divine essence.
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.
83. 'Let him constantly study that part of the Veda, which relates to sacrifice; that, which treats of subordinate deities; that, which reveals the nature 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 Veda is a sure resource for those who seek bliss above, this is a sure resource for those, who seek bliss eternal.
85. 'That Brahmen, who becomes a Sannyasi 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 Veda, that is, of anchorites in the first of the four degrees.
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 their turn, according to the sacred ordinances, lead the Brahmen, who acts by the preceding rules, to the highest mansion:
89. 'But of all those, the housekeeper, observing the regulations of the Sruti and Smriti, may be called the chief; since he supports the three other orders.
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 housekeeper.
91. 'By Brahmens, placed in these four orders, a tenfold system of duties must ever be sedulously practised:
92. 'Content, returning good for evil, resistance to sensual appetites, abstinence from illicit gain, purification, coercion of the organs, knowledge of scripture, knowledge of the supreme spirit, veracity, and freedom from wrath, form their tenfold system of duties.
93. 'Such Brahmens, as attentively read the ten precepts of duty, and after reading, carefully practise them, attain the most exalted condition.
94. 'A Brahmen, having practised, with organs under command, this tenfold system of duty, having heard the Upanishads explained, as the [p.239] law directs, and who has discharged his three debts, may become an anchorite, in the house of his son, according to the Veda;
95. 'And, having abandoned all ceremonial acts, having expiated all his offences, having obtained a command over his organs, and having perfectly 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.
97. 'This fourfold 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.'
CHAPTER THE SEVENTH.
On Government, and Publick Law; or on the Military Class.
1. 'I will fully declare the duty of kings; and show how a ruler of men
conduct himself, in what manner he was framed, and how his ultimate reward may
be attained by him.
2. 'By a man of the military class, who has received in due form the investiture, which the Veda prescribes, great care must be used to maintain the whole assemblage 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 CUVERA:
5. 'And since a king was composed of particles drawn from those chief guardian deities, he consequently surpasses 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; he, both sun and moon; he, the god of criminal justice; he, the genius of wealth, he, the regent of waters; he, the lord of the firmament.
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.
11. 'He, sure, must be the perfect essence of majesty, by whose favour abundance rises on her lotos, in whose valour dwells conquest; in whose anger, death.
12. 'He, who shows hatred of the king, through delusion of mind, will certainly perish; for speedily will the king apply his heart to that man's perdition.
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
with a body of pure light, his own son, even abstract criminal justice, the
protector of all created things:
15. 'Through fear of that genius all sentient beings, whether fixed or locomotive, are fitted for natural enjoyments and swerve not from duty.
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.
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.
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.
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; ownership would remain with none; the lowest would overset
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;
23. 'Deities and demons, heavenly songsters and cruel giants, birds and serpents, are made capable, by just correction, of their several enjoyments.
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:
25. 'But where punishment, with a black hue and 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 criminal 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 punishments, greatly increases those three means of happiness; but punishment itself shall destroy a king, who is crafty, voluptuous, and wrathful:
28. 'Criminal justice, the bright essence of majesty, and hard to be
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 territories, his peopled land with all fixed and all moveable things, that exist on it: even the gods and the sages, who lose their oblations, will be afflicted and ascend to the sky.
30. 'Just punishment cannot be inflicted by an ignorant and covetous king, who has no wife and virtuous assistant, whose understanding has not been improved, and whose heart is addicted to sensuality:
31. 'By a king, wholly pure, faithful to his promise, observant of the scriptures, with good assistants and found understanding, may punishment be justly inflicted.
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 to Brahmens.
33. 'Of a king thus disposed, even though he subsist by gleaning, or, be his treasure ever so small, the same 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 same 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 the first to the last, discharge their several duties;
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 Brahmens, learned in the three Vedas, and in the science of ethicks; and by their decision let him abide.
38. 'Constantly must he show respect to Brahmens, 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:
39. 'From them, though he may have acquired modest behaviour by his own good sense and by study, let him continually learn habits of modesty and composure; since a king, whose demeanour is humble and composed, never perishes.
40. 'While, through want of such humble virtue, many kings have perished with all their possessions, and, through virtue united with modesty, even hermits have obtained kingdoms.
41. 'Through want of that virtuous humility VENA was utterly ruined, and so was the great king NAHUSHA, and SUDASA, and YAVANA (or, by a different reading, and SUDASA, the son of PIYAVANA), and SUMACHA, and NIMI;
42. 'But, by virtues with humble behaviour, PRITHU and MENU acquired
sovereignty; CUVERA, wealth inexhaustible; and VISWAMITRA, son of GADHI, the
rank of a priest, though born in
the military class.
43. 'From those, who know the three Vedas, let him learn the triple doctrine comprised in them, together with the primeval science of criminal justice and found policy, the system of logick and metaphysicks, and sublime theological truth: from the people he must learn the theory of agriculture, commerce, and other practical arts.
44. 'Day and night must he strenuously exert himself 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.
45. 'With extreme care let him shun eighteen vices, ten proceeding from love of pleasure, eight springing from wrath, and all ending in misery;
46. 'Since a king, addicted to vices arising from 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 resentment.
47. 'Hunting, gaming, sleeping by day, censuring rivals, excess with women, intoxication, singing, instrumental musick, dancing, and useless travel, are the tenfold set of vices produced by love of pleasure:
48. 'Tale-bearing, violence, invidious wounding, envy, detraction, unjust seizure of property, reviling, and open assault, are in like manner the eightfold set of vices, to which anger gives birth.
49. 'A selfish inclination, which all wise men know to be the root of
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 sevenfold 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.
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 ministers, 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 personally brave; who are skilled in the use of 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 ministers on peace and war, on his
forces, on his revenues, on the protection of his people, and on the means of
bestowing aptly the wealth, which he
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 Brahmen, distinguished among them all, let the king impart his momentous counsel, relating to six principal articles.
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 experience.
61. 'As many officers as the due performance of his business requires, not slothful men, but active, 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 amassing wealth; but the pusillanimous, in the recesses of his palace.
63. 'Let him likewise appoint an ambassador versed in all the Sastras, who understands hints, external signs, and actions, whose hand [p.250] and heart are pure, whose abilities are great, and whose birth was illustrious:
64. 'That royal ambassador is applauded most, who is generally beloved, pure within and without, dextrous in business, and endued with an excellent memory; who knows countries and times, is handsome, intrepid, and eloquent.
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.
67. 'In the transaction of affairs let the ambassador comprehend the visible signs and hints, and discover the acts, of the foreign king, by the signs, hints, and acts of his confidential servants, and the measures, which that king wishes to take, by the character and conduct of his ministers.
68. 'Thus, having learned completely from his ambassador all the designs of the foreign prince, let the king so apply his vigilant care, that he bring no evil on himself.
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 fight; surrounded by [p.251] submissive mountaineers, foresters, or other neighbours; a country, in which the subjects may live at ease.
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 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 properties.
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:
73. 'As enemies hurt them not in the shelter of their several abodes, thus foes hurt not a king, who has taken refuge in his durga, or place of difficult access.
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.
75. 'Let that fort be supplied with weapons, with money, with grain, with beasts, with Brahmens, 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 defended, habitable in every season, brilliant with white stucco, surrounded with water and trees:
77. 'Having prepared it for his mansion, let him chuse a
consort of the same class with himself, endued with all the bodily marks of excellence, born of an
exalted race, captivating his heart,
adorned with beauty and the best qualities.
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.
79. 'Let the king make sacrifices, accompanied with gifts of many different kinds; and, for the full discharge of his duty, let him give the Brahmens both legal enjoyments and moderate wealth.
80. 'His annual revenue he may receive from his whole dominion through his collectors; but let him in this world observe the divine ordinances; let him act as a father to his people.
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 Brahmens 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:
83. 'It is a gem, which neither thieves or foes take away; which never perishes: kings musts, therefore, deposit with Brahmens that indestructible jewel of respectful presents.
84. 'An oblation in the mouth, or hand, of a Brahmen, 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 Brahmen produces fruit of a middle
standard; to one,
who calls himself a Brahmen, double; to a well read Brahmen; a hundred thousand
fold; to one, who has read all the
86. 'Of a gift, made with faith in the Sastra, 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 by no means turn his face from battle, but must remember the duty of his military class:
88. 'Never to recede from combat, to protect the people, and to honour the priests, is the highest duty of kings and insures their felicity,
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 arrows, nor with darts blazing with fire;
91. 'Nor let him in a car or on horseback; strike his enemy alighted on 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 is disarmed; nor one, who is a spectator, but not a
combatant; nor one, who is fighting with
93. 'Calling to mind the duty of honourable men, let him never slay one, who has broken his weapon; nor one, who is afflicted with private sorrow; nor one, who has been grievously wounded; nor one, 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;
95. 'And the commander shall take to himself the fruit of all the good conduit, which the soldier, who turns his back and is killed, had previously stored up for a future life.
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;
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 distribute among the whole army what has not been separately taken.
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.
99. 'What he has not gained from his foe, let him strive to gain; what he has
acquired, let him preserve with care; what he preserves, let him augment; and
what he has augmented, let him bestow
on the deserving.
100. 'This is the fourfold rule, which he must consider as the sure means of attaining the great object of man, happiness; and let him practise it fully without 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 preserved, let him augment by legal modes of increase; and what he has augmented, let him dispense with just liberality.
102. 'Let his troops be constantly exercised; his prowess, constantly displayed; what he ought to secure, 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 at 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.
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 members 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 advantages; like a lion, let him
put forth his strength; like a wolf, let him creep towards his prey; like a
hare, let him double to secure his retreat.
107. 'When he thus has prepared himself for conquest, let him reduce all opposers to submission by negotiation and three other expedients, namely, presents, division, and force of arms:
108. 'If they cannot be retrained by the three first methods, then let him, firmly but gradually, bring them to subjection by military force.
109. 'Among those four modes of obtaining success, the wise prefer negotiation and war for the exaltation of kingdoms.
110. 'As a husbandman plucks up weeds and preserves 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 distress of kingdoms, are destroyed even the lives of kings.
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.
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, tumults, 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.
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 five plough lands; the lord of a hundred, that of a village or small town; the lord of a thousand, that of a large town.
120. 'The affairs of those townships, either jointly or separately transacted, let another minister of the king inspect; who should be well affected, and by no means remiss.
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
122. 'Let that governor from time to time survey all the rest in person, and, by means of his emissaries, let him perfectly know their conduct in their several districts.
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.
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 drana of grain every month; to the highest must be given wages in the ratio of six to one.
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 commodities:
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 compensation 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.
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,
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 Brahmen learned in the Vedas nor suffer such a Brahmen, residing in his territories, to be afflicted with hunger:
134. 'Of that king, in whose dominion a learned Brahmen 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 suitable maintenance, and protect him on all sides, as a father protects his own son:
136. 'By that religious duty, which such a Brahmen performs each day, under the
full protection of the sovereign, the life, wealth, and dominions of his
protector mail be greatly increased.
137. 'Let the king order a mere trifle to be paid, in the name of the annual tax, by the meaner inhabitants of his realm, who subsist by petty traffick:
138. 'By low handicraftsmen, artificers, and servile men, who support themselves by labour, the king may cause work to be done for a day in each month.
130 '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, duly sharp and mild, becomes universally approved.
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.
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 confederation just mentioned, is bound to discharge that
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:
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 privately to a terrace, a bower, a forest, or a lonely place, without listeners, let him consult with them unobserved.
148. 'That prince, of whose weighty secrets all assemblies of men are ignorant, shall attain dominion over the whole earth, though at first he possess no treasure.
149. 'At the time of consultation, let him remove the stupid, the dumb, the blind, and the deaf, talking birds, decrepit old men, women, and infidels, the diseased and the maimed;
150. 'Since those, who are disgraced in this life by reason of sins formerly committed, are apt to betray secret council; so are talking birds; and so above all are women: them he must, for that reason, diligently remove.
151. 'At noon 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;
152. 'On the means of reconciling the acquisition of them, when they oppose each other; on bestowing 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 behaviour of his women in the private apartment; and on the acts even of his own emissaries.
154. 'On the whole eightfold business of kings, relating to the revenue, to their expences, to the good 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 husbandmen, 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.
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 condition of him, who is pacifick, but a match even for the former unallied; and on that of his natural enemy, 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 opponents [p.263] variously distinguished, are declared to be twelve chief objects of the royal confederation;
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.
158. 'Let the king consider as hostile to him the 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:
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.
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.
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 of obtaining protection from another power.
163. 'The two sorts of alliance, attended with present and future advantages,
are held to be those, when he acts in conjunction with his ally, and when he
acts apart from him.
164. 'War is declared to be of two sorts; when 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 divine power, or by the operation of part 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 army.
168. 'The two modes of seeking protection, that his powerful support may be proclaimed in all countries, are, first, when he wishes to be secure from apprehended injury, and, next, when his enemies actually assail him.
169. 'When the king knows with certainty, that at some future time his force will be greatly augmented, and when, at the time present, he sustains little injury, let him then have recourse to peaceful measures;
170. 'But, when he sees all his subjects considerably firm in
feels himself highly exalted in power, let him protect his dominions by war.
171. 'When he perfectly knows his own troops to 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 protection 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 fit-nation, he find such protection a cause of evil, let him alone, though weak, wage vigorous war without fear.
177. 'By all these expedients let a politick prince act with such wisdom, that neither allies, neutral powers, nor foes, may gain over him any great advantage.
178. 'Perfectly let him consider the state of his kingdom both actually
and probably future, with the good and bad parts of all his actions:
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 conduit.
180. 'Let him so arrange all his affairs, that no ally, neutral prince, or enemy, may obtain any advantage over him: this, in few words, is the sum of political wisdom.
181. 'When the king begins his march against the domains of his foe, let him gradually advance, in the following manner, against the hostile metropolis.
182. 'Let him set out on his expedition in the fine month of Margasirsha, or about the month of Phalguna and Chaisra, according to the number of his forces, that he may find autumnal or vernal crops in the country invaded by him:
183. 'Even in other seasons, when he has a clear prospect of victory, and when any disaster has befallen his foe, let him advance with the greater part of his army.
184. 'Having made a due arrangement of affairs in his own dominions, and a disposition fit for his enterprise, having provided all things necessary for his continuance in the foreign realm, and having seen all his spies dispatched with propriety,
185. 'Having secured the three sort of ways, over water, on plains, and through
forests, and placed his sixfold army, elephants, cavalry, cars, infantry,
officers, and attendants, in complete military form, let him proceed by fit
journies toward the metropolis of his enemy.
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 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:
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 commander under himself to act in all quarters; and from whatever side he perceives a design of attacking him, to that side let him turn his front.
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 sustaining 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 warriors 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
192. 'On a plain, let him fight with his armed cars and horses; on watery places, with manned boats and elephants; on ground full of trees and shrubs, with bows; on cleared ground, with swords and targets, and other weapons.
193. 'Men born in Curucshetra, near Indraprestha, in Matsya, or Virata, in Panchala or Canyacubja, and in Surasena, in the district of Mathura, let him cause to engage in the van; and men, born in other countries, who are tall and light.
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 he block up his enemy, let him sit encamped, and lay waste the hostile country; let him continually spoil the grass, water, and wood of the adverse prince.
196. 'Pools, wells, and trenches let him destroy: let him harass the foe by day, and alarm him by night.
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 [p.269] are doing; and, when a fortunate moment is offered by heaven, let him give battle, pushing on to conquest and abandoning 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,
199. 'Since victory or defeat are not surely forefeet! on either side, when two armies engage in the field: let the king then, if other expedients prevail, avoid a pitched battle;
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.
201. 'Having conquered a country, let him respect the deities adored in it, and their virtuous priests; let him also distribute largesses to the people, and cause a full exemption from terrour to be loudly proclaimed.
202. 'When he has perfectly ascertained the conduct and intentions of all the vanquished, let him fix in that country a prince of the royal race, and give him precise instructions.
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
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.
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 circumspection.
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 supporter, so that, both from a well-wisher and from an opponent, he may secure the fruit of his expedition.
208. 'By gaining wealth and territory a king acquires not so great an increase of strength, as by obtaining 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 gratefully remembers benefits, whose people are satisfied, or, who has a gentle nature, who loves his friend, and perseveres in his good resolutions.
210. 'Him have the sages declared an enemy hard to be subdued, who is eminently
learned, of a noble race, personally brave, dextrous in management, liberal,
grateful, and firm.
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 without 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 at the hazard of his wife and his riches.
214. 'A wife prince, who finds every sort of calamity rushing violently upon him, should have recourse to all just expedients, united or separate:
215. 'Let him consider the business to be expedited, the expedients collectively, and himself who must apply them; and, taking refuge completely in those three, let him strenuously labour for his own prosperity.
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 apartments for the purpose of taking food.
217. 'There let him eat lawful aliment, prepared by servants attached to his
person, who know the difference of times and are incapable of perfidy, after it
has been proved innocent by certain experiments, and hallowed by texts of the
Veda repulsive of poison.
218. 'Together with all his food let him swallow such medical substances as resist venom; and let 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 same weapon should be concealed in them, do him humble service with fans, water, and perfumes:
220. 'Thus let him take diligent care, when he goes out in a carriage or on horseback, when he lies down to rest, when he sits, when he takes food, when he bathes, anoints his body with odorous essences, 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 publick affairs:
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:
224. 'Then, having dismissed those informers, and returning to another
chamber, let him go, attended by women, to the inmost recess of his mansion for
the sake of his evening meal;
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.
220. 'This perfect system of rules let a king, free from illness, observe; but, when really afflicted with disease, he may instruct all these affairs to his officers.'
CHAPTER THE EIGHTH.
On Judicature; and on Law, Private and Criminal.
1. 'A king, desirous of inspecting judicial proceedings,
enter his court of justice, composed and sedate in his demeanour, together with
Brahmen 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.
3. 'Each day let him decide causes, one after another, under the eighteen principal titles of law, by arguments and rules drawn from local usages, and from written codes:
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;
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 twelfth, assault and
slander; the thirteenth, larceny; the fourteenth, robbery and other violence;
the fifteenth, adultery;
7. 'The sixteenth, altercation between man and 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 are settled as the groundwork of all judicial procedure in this world.
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;
9. 'But, when he cannot inspect such affairs in person, let him appoint, for the inspection of them, a Brahmen of eminent learning:
10. 'Let that chief judge, accompanied by three assessors, fully consider all causes brought before the king, and, having entered the courtroom, let him sit or stand, but not move backwards and forwards.
11. 'In whatever country three Brahmens, particularly skilled in the three several Vedas, sit together with the very learned Brahmen appointed by the king, the wise call that assembly the court of BRAHMA with four faces.
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.
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
nothing, or says what is false or unjust.
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; left justice, being overturned, overturn both us and thyself."
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.
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 Brahmen supported only by his class, and one barely reputed a Brahmen, but without performing any sacerdotal acts, may, at the [p.278] king's pleasure, interpret the law to him: so may the two middle classes; but a Sudra, in no case whatever.
21. 'Of that king, who stupidly looks on, while a Sudra decides causes, the kingdom itself shall be embarrassed, like a cow in deep mire.
22. 'The whole territory, which is inhabited by a number of Sudras, overwhelmed with atheists, and deprived of Brahmens, must speedily perish afflicted with dearth and disease.
23. 'Let the king or his judge, having seated himself on the bench, his body properly clothed and his mind attentively fixed, begin with doing reverence to the deities, who guard the world; and then let him enter on the trial of causes:
24. 'Understanding what is expedient or inexpedient, but considering only what is law or not law, let him examine all disputes between parties, in the order of their several classes.
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.
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 [p.279] have ended his studentship, or until his infancy shall have ceased in his sixteenth year:
28. '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.
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 proclamation: the owner, appearing within the three years, may take it; but, after that term, the king may confiscate it.
31. 'He, who says "This is mine," must be duly examined; and if, before he inspect it, he declare its 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 property so detained by him, or a tenth, or a twelfth, remembering the duty of good kings.
34. 'Property lost by one man, and found by another, let the king secure, by committing it to the care of trustworthy men; and those, [p.280] whom he shall convict of stealing it, let him cause to be trampled on by an elephant.
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.
37. 'A learned Brahmen, 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 discovered, the king may lay up half in his treasury, having given half to the Brahmens.
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 paramount 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.
41. 'A king, who knows the revealed law, must enquire into the particular laws of classes, the laws or usages of districts, the customs [p.281] of traders, and the rules of certain families, and establish their peculiar 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.
43. 'Neither the king himself nor his officers must ever promote litigation; nor ever neglect a lawsuit instituted by others.
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:
46. 'What has been practiced by good men and by virtuous Brahmens, if it be not inconsistent with the legal customs of provinces or districts, of classes and families, let him establish.
47. 'When a creditor sues before him for the recovery of his right from a debtor, let him cause the debtor to pay what the creditor shall prove due.
48. 'By whatever lawful means a creditor may have gotten possession of his own property, let the king ratify such payment by the debtor, though obtained even by compulsory means:
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
50. 'That creditor, who recovers his right from his debtor, must not be rebuked by the king for retaking his own property.
51. 'In a suit for a debt, which the defendant denies, 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 debtor.
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 contrast was made, or, having knowingly called him, disclaims him as his witness; or who perceives not, that he asserts confused and contradictory facts;
54. 'Or who, having stated what he designs to prove, varies afterwards from his case; or who, being questioned on a fact, which he had before admitted, refuses to acknowledge that very fact;
55. 'Or who has conversed with the witnesses in a 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.
57. 'Him, who has laid, "I have witnesses," and, being told to produce them, produces them not, the judge must on this account declare non-suited.
58. 'If the plaintiff delay to put in his plaint, he may, according to the nature of the case, be corporally punished or justly amerced; and, if the defendant plead not within three fortnights, he is by law condemned.
59. 'In the double of that sum, which the defendant falsely denies, or on which the complainant falsely declares, mall those two men, wilfully offending 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 mould be decided by the Brahmen who represents the king, having heard three witnesses at least.
61. 'What sort of witnesses must be produced by creditors and others on the trial of causes, I will comprehensively declare; and in what manner those witnesses must give true evidence.
62. 'Married housekeepers, men with male issue, inhabitants of the same district, either of the military, the commercial, or the servile class, are competent, when called by the party, to give their evidence; 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.
64. 'Those must not be admitted who have a pecuniary interest nor familiar friends; nor menial servants; nor enemies; nor men formerly perjured; nor persons grievously diseased; nor those, who have committed heinous offences.
65. 'The king cannot be made a witness; nor cooks, and the like mean artificers; nor publick dancers and fingers; nor a priest of deep learning in scripture; nor a student in theology; nor an anchoret secluded from all worldly connexions;
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 distinguished for virtue; nor a wretch of the lowest mixed class; nor one, who has lost the organs of sense;
67. 'Nor one extremely grieved; nor one intoxicated; nor a madman; nor one tormented with hunger or thirst; nor one oppressed by fatigue; nor one excited by lust; nor one inflamed by wrath; nor one who has been convicted of theft.
68. 'Women should regularly be witnesses for women; twice born men, for men alike twice-born; good servants and mechanicks, for servants and mechanicks; and those of the lowest race, for those of the lowest;
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:
70. 'On failure of witnesses duly qualified, evidence may in such cases be given by a woman, by a child, or by an aged man, by a pupil, by a kinsman, by a slave, or by a hired servant;
71. 'Yet of children, of old men, and of the diseased, who are all apt to speak untruly, the judge must consider the testimony as weak; and, much 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 there be contradictory evidence, let the 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, or of what 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 deviates from virtue nor loses his wealth:
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, heaven.
76. 'When a man sees or hears anything, without being then called upon to
it, yet, if he be afterwards examined as a witness, he must declare it, exactly
as it was seen, and as it was heard.
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, because female understandings are apt to waver; or than many other men, who have been tarnished with crimes.
78. 'What witnesses declare naturally, or without bias, must be received on trials; but what they improperly say, from some unnatural bent, is inapplicable to the purposes of justice.
79. 'The witnesses being assembled in the middle of the courtroom, in the presence of the plaintiff and the defendant, let the judge examine them, after having addressed them all together in the following:
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 feats of beatitude above, and the highest fame here below: such testimony is revered by BRAHMA himself.
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, therefore, give no false testimony.
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 itself 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 breads.
86. 'The guardian deities of the firmament, of the earth, of the waters, of the human heart, of the moon, of the sun, and of fire, of punishment after 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 same image a symbol of the divinity, and of Brahmens, while the witnesses turn their faces either to the north or to the east.
88. 'To a Brahmen 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 Sudra, with comparing it in some or all of the following sentences, to every crime, that men can commit.
89. "Whatever places of torture have been prepared for the slayer of a priest, for the murderer of a woman or of a child, for the injurer [p.288] of a friend, and for an ungrateful man, those places are ordained for a witness, who gives false evidence.
90. "The fruit of every virtuous act, which thou hast done, O good man, since thy birth, shall depart from thee to dogs, if thou deviate in speech from the truth.
91. "O friend to virtue, that supreme spirit, which thou believest one and the same with thyself, resides in thy bosom perpetually, and is an all-knowing inspector of thy goodness or of thy wickedness.
92. "If thou beest not at variance, by speaking falsely, with YAMA, or the subduer of all, with VAIVASWATA, or the punisher, with that great divinity, who dwells in thy breast, go not on a pilgrimage to the river Ganga, 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 fight, shall the 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 imperfect account of any transaction, or asserts a fact of which he was no eyewitness, shall receive pain instead of pleasure, and referable a man, who eats fish with eagerness and swallows the sharp bones.
96. "The gods are acquainted with no better mortal in this world, than the man,
of whom the intelligent spirit, which pervades his body, has no distrust, when
he prepares to gives evidence.
97. "Hear, honest man, from a just enumeration in order, how many kinsmen, in evidence of different sorts, a false witness kills, or incurs the guilt of killing:
98. "He kills five by false testimony concerning cattle in general; he kills ten by false testimony concerning kine; he kills a hundred by false evidence concerning horses, and a thousand by false evidence concerning the human race:
99. "By speaking falsely in a cause concerning gold, he kills the born and the unborn; by speaking falsely concerning land, he kills every thing animated: beware then of speaking falsely in a cause concerning land!
100. "The sages have held false evidence concerning water, and the possession or enjoyment of women, equal to false evidence concerning land; and it is equally criminal in causes concerning pearls and other precious things formed in water, and concerning all things made of stone.
101. "Marking well all the murders, which are comprehended in the crime of perjury, declare thou the whole truth with precision, as it was heard, and as it was seen by thee."
102. 'Brahmens, who tend herds of cattle, who trade, who practise mechanical arts, who profess dancing and singing, who are hired [p.290] servants or usurers, let the judge exhort and examine as if they were Sudras.
103. 'In some cases, a giver of false evidence from a pious motive, even though he know the truth, shall not lose a seat in heaven: such evidence wife men call the speech of the gods.
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.
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 cushmanad, or with those which relate to VARUNA, beginning with ud; or with the three texts appropriated to the water-gods.
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.
108. 'The witness, who has given evidence, and to whom, within seven days after, a misfortune happens 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, between two parties
other, the judge may acquire a knowledge of the truth by the oath of the
parties; or if he cannot otherwise perfectly ascertain it.
110. 'By the seven great Rishis, and by the deities themselves, have oaths been taken for the purpose of judicial proof; and even VASISHTHA, being accused by VISWAMITRA of murder, took an oath before the king SUDAMAN, son of PIYAVANA.
111. 'Let no man of sense take an oath in vain, that is, not in a court of justice, on a trifling occasion; for the man, who takes an oath in vain, shall be punished in this life and in the next:
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 sacrifice, or of a promise made for the preservation of a Brahmen, 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 on his own head, if he speak falsely, all possible 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 misfortune, must be held veracious in his testimony on oath.
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.
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, given from covetousness, from distraction of mind, from terrour, from friendship, from lust, from wrath, from ignorance, and from inattention, must be held invalid.
119. 'The distinctions of punishment for a false witness, from either of those motives, I will now propound fully and in order:
120. 'If he speak falsely through covetousness, he shall be fined a thousand panas, if through distraction of mind, two hundred and fifty, or the lowest amercement; if through terrour, two mean amercements; if through friendship, four times the lowest;
121. 'If through lust, ten times the lowest amercement; if through wrath, three times the next, or middlemost; if through ignorance, two hundred complete; if, through inattention, a hundred only.
122. 'Learned men have specified these punishments, which were ordained by sage legislators for 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 Brahmen let him only banish.
124. 'MENU, son of the Self-existent, has named ten places of
are appropriated to the three lower classes; but a Brahmen must depart from the
realm unhurt in any one of them:
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.
126. 'Let the king, having considered and ascertained 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.
127. '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 not, and inflicts no punishment on such as deserve it, brings infamy on himself, while he lives, and shall sink, when he dies, to a region of torment.
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.
131. 'Those names of copper, silver, and gold weights, which are commonly
among men, for the purpose of worldly business, I will now comprehensively
132. 'The very small mote, which may be discerned in a sunbeam passing through a lattice, is the least visible quantity, and men call it a trasarenu:
133. 'Eight of those trasarenus 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:
134. 'Six white mustard seeds are equal to a middle sized barley-corn; three such barleycorns to one ratified, or seed of the Gunja; five rasticas of gold are one masia, and sixteen such masias, one suverna;
135. 'Four suvernas make a pala; ten palas, a abarana, but two raslicas of silver, weighed together, are considered as one masiaca;
136. 'Sixteen of those masiacas are a silver abarana, or purana; but a carsia, or eighty raslicas, of copper, is called a pana or carsidpana.
137. 'Ten dharanas of silver are known by the name of asatamdna; and the weight of four suvernas has also the appellation of a nisica.
138. 'Now two hundred and fifty panas are declared 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.
140. 'A lender of money may take, in addition to his capital, the interest allowed by VASISHTHA, 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 hundred, he becomes not a sinner for gain.
142. 'He may thus take, in proportion to the rise, 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.
143. 'If he take a beneficial pledge, or a pledge to be used for his profit, he must have no other interest on the loan; nor, after a great length of 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 deposit, are lost to the owner by lapse of time: they are both recoverable, though they have long remained with the bailee.
146. 'A milch cow, a camel, a riding horse, a bull or 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. 'In general, whatever chattel the owner sees enjoyed by others for ten years, while, though present, he says nothing, that chattel he shall not recover:
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.
149. 'A pledge, a boundary of land, the property of an infant, a deposit either open or in a chest sealed, female slaves, the wealth of a king, and of a learned Brahmen, 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 use.
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 make the debt quintuple.
152. 'Stipulated interest beyond the legal rate, and different from the preceding rule, is invalid; and the wise call it an usurious way [p.297] of lending: the lender is entitled at most to five in the hundred.
153. 'Let no lender for a month, or for two or three months, at a certain interest, receive such interest 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, 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 all the interest then due;
155. 'But if, by some unavoidable accident, he cannot pay the whole interest, he may insert as principal in the renewed contract so much of the interest accrued as he ought to pay.
156. 'A lender at interest on the risk of safe carriage, 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:
157. 'Whatever interest, or price of the risk, shall be settled between the parties, by men well acquainted with sea voyages or journies by land, with times and with places, such interest shall have legal force.
158. 'The man, who becomes surety for the appearance of a debtor in this world, and produces him not, shall pay the debt out of his own property;
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:
160. 'Such is the rule in cases of a surety for appearance or good behaviour; but, if a surety for payment should die, the judge may compel even his heirs to discharge the debt.
161. 'On what account then is it, that, after the death of a surety other than for payment, the creditor may in one case demand the debt of the heir, 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 ordinance.
163. 'A contract made by a person intoxicated or insane, or grievously disordered, or wholly dependent, 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 settled usage.
165. 'When the judge discovers a fraudulent pledge or sale, a fraudulent gift and acceptance, or in whatever other case he detects fraud, let him annul the whole transaction.
166. 'If the debtor be dead, and if the money borrowed was expended for the use
of his family, it must be paid by that family, divided or undivided, out of
their own estate.
167. 'Should even a slave make a contract in the name of his absent master for the behoof of the 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, namely witnesses, sureties, and inspectors of causes, and four collect wealth slowly, with benefit to others, a Brahmen, a moneylender, 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:
171. 'By taking what ought not to be taken, and by refusing what ought to be received, the king betrays his own weakness, and is lost both in this world and in the next;
172. 'But by taking his due, by administering justice, 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
unpleasing to himself, live by the strict rules of YAMA, his anger being
repressed, and his organs kept in subjection.
174. 'That evil-minded king, who, through infatuation, decides causes with injustice, his enemies, through the disaffection of the people, quickly reduce to a state of dependence;
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.
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 and little.
178. 'By this system of rules let the king decide, with equal justice, all disputes between men opposing each other, having ascertained the truth by evidence or the oaths of the parties,
170. '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.
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 received back by
the owner: as the delivery was, so must be the receipt.
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.
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 engaging.
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;
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 deposits, 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. 'But, if a depositary by his own free act shall deliver a
deposit to the
heir of a deceased bailor, he must not be harassed with claims of a similar
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, without having recourse to artifice; for, the honest disposition 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 destroyed by vermin, 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 prescribed in the Veda.
191. 'He, who restores not a thing really deposited, and he, who demands what he never bailed, shall both, 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 a fraudulent
without any distinction between 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.
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 company, who were witnesses to the deposit: he who produces 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 is the Veda.
196. 'Thus let the king decide causes concerning a deposit, or a friendly loan for use, without showing rigour to the depositary.
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 as a thief, who pretends that he has committed no theft:
198. 'If, indeed, he be a near kinsman of the owner, he shall be fined six hundred panas; but, if he be neither his kinsman nor a claimant under him, he commits an offence equal to larceny.
199. 'A gift or sale, thus made by any other than the true owner,
must, by a
settled rule, be considered, 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 acquires 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 public sale, the latter must be dismissed 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 a bad commodity, as good; nor less than agreed on, nor any thing kept at a distance or concealed, lest same 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 the husband of both for the same price: this law MENU ordained.
205. 'The kinsman, who gives a damsel in marriage, 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.
206. 'If an officiating priest, actually engaged in a
sacrifice, abandon his
work, a share only, in proportion to his work done, shall be given to him by his
partners in the business, out of their common pay:
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.
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?
209. 'At some holy rites, let the reader of the Yajurveda take the car, and the Brahma, or superintending priest, the horse; or, on another occasion, let the reader of the Rig-Veda take the horse, and the chanter of the Somaveda receive the carnage, in which the purchased materials of the sacrifice had been brought.
210. 'A hundred cows being distributable among sixteen priests, the four chief, or first set, are entitled 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:
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.
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:
213. 'If the money be delivered, and the receiver, through pride or avarice, refuse in that case to return it, he shall be fined one suverna by the king, as a punishment for his theft.
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 perform his work according to his agreement, shall be fined eight rasticas, and his wages or hire shall not be paid.
216. 'But, if he be really ill, and, when restored to health, shall perform his work according to his original bargain, he shall receive his pay even for a very long time:
217. 'Yet, whether he be sick or well, if the work stipulated be not performed by another for him or by himself, his whole wages are forfeited, though the work want but a little of being complete.
218. 'This is the general rule concerning work undertaken for wages or hire: next, I will fully declare the law concerning such men as break their promises.
219. 'The man, among the traders and other inhabitants of a town or
who breaks a promise through avarice, though he had taken an oath to perform it,
let the king banish from his realm:
220. 'Or, according to circumstances, let the judge, having arrested the promise breaker, condemn him to pay six nishcas, or four suvernas, or one satamana of silver, or all three if he deserve such a fine.
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.
222. 'A man, who has bought or sold any thing in this world, that has a fixed price and is not perishable, as stand 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 take it back: the giver or the taker, except by consent, shall be fined by the king six hundred panas.
224. '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;
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.
220. 'The holy nuptial texts are applied solely to virgins, and no where on
earth to girls, who have lost their virginity; since those women are in general
excluded from legal ceremonies:
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. '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 sale and purchase.
229. 'I now will decide exactly, according to principles 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 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 killed 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.
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.
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;
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 springing on it, he shall not in that case be responsible.
236. 'On all sides of a village or small town, let 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:
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.
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 [p.310] hundred panas; but against cattle, which have no keeper, let the owner of the field secure it.
241. 'In other fields, the owner of cattle doing mischief 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 husbandman.
242. 'For damage by a cow before ten days have parted since her calving, by bulls kept for impregnation, and by cattle consecrated to the deity, whether attended or unattended, MENU has ordained no fine.
243. 'If land be injured, by the fault of the farmer 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 Jyaistha, when the landmarks are seen more distinctly.
246. 'When boundaries first are established, let strong trees be planted on them, Vatas, Pippalas. Palasas, Salmalis, Sulas, or Talas; or such trees (like the Udumbara or Vajradru) as abound in milk;
247. 'Or cluttering shrubs, or Venus of different sorts, or
creepers, or Saras, and clumps of Cubjacas: and mounds of earth should be raised
on them; so that the landmark may not easily perish:
248. 'Lakes and wells, pools and streams, ought also to be made on the common limits, and temples dedicated to the gods.
249. 'The persons concerned, reflecting on the perpetual trespasses committed by men here below through ignorance of boundaries, should cause other landmarks to be concealed underground:
250. 'Large pieces of stone, bones, tails of cows, bran, ashes, potsherds, dried cow dung, bricks and tiles, charcoal, pebbles, and sand,
251. '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.
252. 'By such marks, or by the course of a stream, and long continued possession, the judge may ascertain the limit between the lands of two parties in litigation:
253. 'Should there be a doubt, even on the inspection of those marks, recourses must be had, for the decision of such a contest, to the declarations of witnesses.
254. 'Those witnesses must be examined concerning the landmarks, in the presence of all the townsmen or villagers, or of both the contending parties:
255. 'What the witnesses, thus assembled and interrogated, shall
declare concerning the limits, must be recorded in writing, together with all
256. 'Let them, putting earth on their heads, wearing chaplets of red flowers and clad in red mantles, be sworn by the reward of all their several good actions, to give correct evidence concerning the metes and bounds.
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.
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 prepared, 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;
260. 'Hunters, fowlers, herdsmen, farmers, 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
testimony of next neighbours on every side must be considered as the best means
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 middlemost of the three usual amercements.
264. 'He, who, by means of intimidation, shall posses 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.
265. 'If the boundary cannot be otherwise ascertained, let the king, knowing what is just, that is, without partiality, and consulting the future benefit of both parties, mark a bound line between their lands: this is a settled law.
266. 'Thus has the rule been propounded for decisions concerning landmarks: I, next, will declare the law concerning defamatory words.
267. 'A soldier, defaming a priest, shall be fined a hundred panas; a merchant, thus offending, an hundred and fifty, or two hundred: but, for such an offence, a mechanick or servile man shall be whipped.
268. 'A priest shall be fined five hundred, 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 ribaldry not to be uttered, even that and every fine shall be doubled.
270. 'A once-born man, who insults the twice-born with gross
invectives, ought to
have his tongue slit; for he sprang from the lowest part of BRAHMA:
271. 'If he mention their names and classes with contumely, as if he say "Oh! DEVADATTA, thou refuse of Brahmens," an iron style, ten fingers long, shall be thrust red-hot into his mouth.
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.
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.
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.
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 preceptor the way.
276. 'For mutual abuse by a priest and a soldier, this fine must be imposed by a learned king; the lowest amercement on the priest, and the middlemost on the soldier.
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.
278. 'Thus fully has the law been declared for the punishment of defamatory
speech: I will, next, propound the established law concerning assault and
279. 'With whatever member a lowborn 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.
280. 'He, who raises his hand or a staff against another, 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 indolently 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:
282. 'Should he spit on him through pride, the king shall order both of 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 Brahmen by the locks, or by 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.
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 muscle, six nishcas: but, if he break a bone, let him be instantly banished.
285. 'According to the use and value of all great trees, must a fine be
injuring them: this is 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.
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 damages and a fine to the same amount.
288. 'He, who injures the goods of another, whether 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.
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, its driver, and its owner, on which the 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 snapped, on a sudden overturn, or running against any thing without fault, the axle being broken, or the wheel cracked,
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 case of any hurt, the master shall be fined two hundred
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.
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 elephant, a camel, or a horse;
297. 'For killing very young cattle, the fine shall be two hundred panas; and fifty, for elegant quadrupeds or beautiful birds, as antelopes, parrots, and the like;
298. 'For an ass, a goat, or a sheep, the fine must be five silver majhas; and one majha, for killing 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 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.
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 retraining thieves and robbers, let the king use extreme diligence; since, by retraining thieves and robbers, his fame and his domain are increased.
303. 'Constantly, no doubt, is that king to be honoured, who bestows exemption from fear; since he performs, as 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 by the whole people, belongs to the king, who protects them; but, if he protect them not, a sixth part of their iniquity lights on him.
305. 'Of the reward for what every subject reads in the Veda, 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.
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;
307. 'But a king, who gives no such protection, yet receives 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.
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 restrain the unjust; by imprisonment, by confinement in fetters, and by various kinds of corporal punishment;
311. 'Since, by retraining the bad, and by encouraging 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 men, and sick persons, who inveigh against him:
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:
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."
315. 'He must bear on his shoulder a pestle of stone, or a club of chadira-wood, or a javelin pointed at both ends, or an iron mace:
316. 'Whether the king strike him with it, or dismiss 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; an adulterous wife, on her negligent husband; a bad scholar and sacrificer, on their 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, go pure to heaven, and become as clear as those, who have done well.
319. 'He, who steals the rope or the waterpot from a well, and he, who breaks down a cistern, shall be fined a majha of gold; and that, which he has taken 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 cumbha is twenty dronas, and a drona, two hundred 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 dealing commodities usually sold by weight, or more than a hundred head of cattle, or gold, or silver, or costly apparel:
322. 'For dealing more than fifty salas, it is enacted that a hand shall be amputated; for less, the king shall set a fine eleven times as much as the value.
323. 'For stealing men of high birth, and women above all, and the
gems, as diamonds or rubies, the thief deserves capital punishment.
324. 'For stealing large beasts, weapons, or medicines, let the king inflict adequate punishment, considering the time and the act.
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, buttermilk, water, or grass,
327. 'Large canes, baskets of canes, salt of every kind, earthen-pots, clay or ashes,
328. 'Fish, birds, oil, or clarified butter, flesh meat, honey, or any thing, as leather, horn, or ivory, that came from a beast,
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 rasticas of gold or silver;
331. 'But for corn, potherbs, roots, and fruit, unenclosed by a fence, the fine is a hundred panas, if there be no sort of relation [p.322] between the taker and owner; or half a hundred, if there be such relation.
332. 'If the taking be violent, and in the fight of the owner, it is robbery; if privately in his absence, 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 offence by any means in this world, as if be break a wall with his hand or his foot, even that limb shall the king amputate, for the prevention of a similar crime.
335. 'Neither a 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 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 thousand, and he shall give the fine to the priests, or cast it into the river: this is a sacred rule.
337. 'But the fine of a Sudra for theft shall be eightfold; that of a Vaisya, sixteenfold; that of a Cshatriya, two and thirtyfold.
338. 'That of a Brahmen, four and sixtyfold, or a hundredfold complete, or even twice four and sixtyfold; each of them knowing the nature of his offence.
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.
342. 'He, who ties the unbound, or looses the bound, cattle of another, and he, who takes a slave, a horse, or a carriage without permission, shall be punished as for theft.
343. 'A king, who, by enforcing these laws, restrains men from committing theft, acquires in this world fame, and, in the next, beatitude,
344. 'Let not the king, who ardently desires a seat with INDRA, and wishes for glory, which nothing 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 considered 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.
347. 'Neither on account of friendship, nor for the sake of great lucre, shall
the king dismiss the perpetrators of violent acts, who spread terrour among all
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;
349. 'And in their own defence; and in a war for just cause; and in defence of a women 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 preceptor, or a Brahmen deeply versed in the scripture.
351. 'By killing an assassin, who attempts to kill, whether in publick or in private, no crime is committed by the slayer: fury recoils upon fury.
352. 'Men, who commit overt acts of adulterous inclinations for the wives of others, let the king banish from his realm, having punished them with such bodily marks, as excite aversion;
353. 'Since adultery causes, to the general ruin, a mixture of classes among men: thence arises violation 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;
355. 'But a man, not before noted, who thus converses with
her for some reasonable cause, shall pay no fine; since in him there is no
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:
357. 'To send her flowers or perfumes, to sport and jest with her, to touch her apparel and ornaments, to sit with her on the same couch, are all 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 touched unbecomingly by her, to bear it complacently, are adulterous acts with, mutual assent.
359. '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.
360. 'Mendicants, encomiasts, men prepared for a sacrifice, and cooks and other artisans, are not prohibited from speaking to married women.
361. 'Let no man converse, after he has been forbidden, with the wives of others: he, who thus converses, 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, [p.326] who either carry women to others, or, lying concealed at home, permit them to hold a culpable intercourse:
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.
364. 'He, who vitiates a damsel without her consent, shall suffer corporal punishment instantly; but he, who enjoys a willing damsel, shall not be corporally punished, if his class be the same with hers.
365. 'From a girl, who makes advances to a man 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.
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:
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.
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
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 condemn her to be devoured by dogs in a place much frequented;
372. 'And let him place the adulterer on an iron bed well heated, under which the executioners shall throw logs continually, till the sinful wretch be there burned to death.
373. 'Of a man once convicted, and a year after 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 Chandali woman,
374. 'A mechanick or servile man, having an adulterous 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.
375. 'For adultery with a guarded priestess, a merchant shall forfeit all his wealth after imprisonment for a year; a soldier shall be fined a thousand panas, and be shaved with the urine of an ass;
376. 'But, if a merchant or soldier commit adultery 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
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 Brahmen, who carnally knows a guarded woman without her free will, must beamed a thousand panas; but only five hundred if he knew her with her free consent.
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.
380. 'Never shall the king slay a Brahmen, though convicted of all possible crimes: let him banish the offender from his realm, but with all his property secure and his body unhurt:
381. 'No greater crime is known on earth than slaying a Brahmen; and the king, therefore, must not even form in his mind an idea of killing a priest.
382. 'If a merchant 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 unguarded:
383. 'But a Brahmen, who shall commit adultery with a guarded woman of those two classes, must be fined a thousand panas; and, for the like offence with a guarded woman of the servile class, the fine of a soldier or a merchant shall be also one thousand.
384. 'For adultery with a woman of the military class, if unguarded, the fine of
a merchant is five hundred; but a soldier, for the converse of that offence,
must be shaved with urine, or pay the fine just mentioned.
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.
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.
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 panas.
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;
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 Brahmens.
392. 'The priest, who, gives an entertainment to twenty men of the three first classes, without inviting his next neighbour, and his neighbour next but one, if both be worthy of an invitation, shall be fined one masha of silver.
393. 'A Brahmen of deep learning in the Veda, who invites not another Brahmen, both learned and virtuous, to an entertainment given on some occasion relating to his wealth, as the marriage of his child, and the like, mall be made to pay him twice the value of the repast, and be fined a masha of gold.
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 taxes.
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.
396. 'Let a washerman wash the clothes of his employers by little and little, or piece by piece, and not hastily, on a smooth board of Salmali-wood: let him never mix the clothes of one person with the clothes of another, nor suffer any but the owner to wear them.
397. 'Let a weaver, who has received ten palas of cotton thread, give them back increased to eleven by the rice-wafer and the like used [p.331] in weaving: he, who does otherwise, shall pay a fine of twelve panas.
398. 'As men versed in cases of tolls, and acquainted 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.
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.
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.
401. 'Let the king establish rules for the sale and purchase of all marketable things, having duly considered whence they come, if imported and, if exported, 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 half month, according to the nature of the commodities, let the king make a regulation for market prices in the presence of those experienced men:
403. 'Let all weights and measures be well ascertained by him; and once in six months let him re-examine them.
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 women; and an
eighth, for an unloaded man.
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, a very small toll shall be demanded.
406. 'For a long passage, the freight must be proportioned 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 women, who has been two months pregnant, a religious beggar, a forester in the third order, and Brahmens, who are students in theology, shall not be obliged to pay toll for their passage.
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.
409. 'This rule, ordained for such as pass rivers in boats, relates to the culpable neglect of boatmen on the water: in the case of inevitable accident, there can be no damages recovered.
410. 'The king should order each man of the mercantile class to practise trade, or money lending, or agriculture and attendance on cattle; and each man 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 Brahmen support, obliging them without
harshness to discharge their several duties.
412. 'A Brahmen, 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 fanas;
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 Brahmens;
414. 'A Sudra, though emancipated by his matter, is not released from a state of servitude; for of a state, which is natural to him, by whom can he be diverted?
415. 'There are servants of seven sorts; one made captive under a standard or in battle, one maintained in consideration of service, one born of a female slave in the house, one sold, or given, or 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.
417. 'A Brahmen may seize without hesitation, if he be distressed for a subsistence, the goods of his Sudra slave; for, as that slave can have no property, his master may take his goods.
418. 'With vigilant care should the king exert himself in compelling merchants
and mechanicks to perform their respective duties; for, when such men swerve from
their duty, they throw this world into confusion.
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 expenses, his mines of precious metals or gems, and his treasury:
420. 'Thus, bringing to a conclusion these weighty affairs, and removing from his realm and from himself every taint of sin, a king reaches the supreme path of beatitude.
CHAPTER THE NINTH.
On the Same, and on the Commercial and Servile Classes.
1. 'I now will propound the immemorial duties of man and woman, who
remain, firm in the legal path, whether united
2. 'Day and night must women be held by their protectors in a state of dependence; but in lawful and innocent recreations, though rather addicted to 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 independence.
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 restrained, they bring sorrow on both families;
6. 'Let husbands consider this as the supreme law, ordained for all classes; and
let them, how weak soever, diligently keep their wives under lawful redactions;
7. 'For he, who preserves his wife from vice, preserves his offspring from suspicion of bastardy, his ancient usages from neglect, his family from disgrace, himself from anguish, and his duty from violation.
8. 'The husband, after conception by his wife, becomes himself an embryo, and is born a second time here below; for which reason the wife is called jaya, since by her (jayate) 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 vigilantly guard his wife.
10. 'No man, indeed, can wholly restrain women by violent measures; but, by these expedients, they may be restrained:
11. 'Let the husband keep his wife employed in the collection and expenditure of wealth, in purification and female duty, in the preparation of daily food, and the superintendence of household utensils.
12. 'By confinement at home, even under affectionate and observant guardians, they are not secure; but those women are truly secure, who are guarded by their own good inclinations.
13. 'Drinking spirituous liquor, associating with evil persons, absence from her husband, rambling abroad, unreasonable sleep, and dwelling in the house of another, are six faults which bring infamy on a married woman:
14. 'Such women examine not beauty, nor pay attention to age; whether their
lover be handsome or ugly, they think it is enough that he is a man, and pursue
15. 'Through their passion for men, their mutable temper, their want of settled affection, and their perverse 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 careful in guarding them; though they well know the disposition, with which the lord of creation formed them:
17. 'MENU allotted to such women a love of their bed, of their seat, and of ornament, impure appetites, wrath, weak flexibility, desire of mischief, and bad conduct.
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 itself; and this is a fixed rule.
19. 'To this effect many texts, which may mow their true disposition, are chanted in the Vedas: hear now their expiation for sin.
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;
21. 'And this expiation has been declared for every unbecoming thought, which
enters her mind, concerning 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.
23. 'ACSHAMALA, a woman of the lowest birth, being thus united to VASISHTHA, and SARANGI, being united to MANDAPALA, were entitled to very high honour:
24. 'These, and other females of low birth, have attained eminence in this world by the respective good qualities of their lords.
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.
26. 'When good women, united with husbands in expectation of progeny, eminently fortunate and worthy 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 superintendence of domestick affairs are peculiar to the wife:
28. 'From the wife alone proceed offspring, good household management, felicitous attention, most exquisite careless, and that hea- [p.339] venly beatitude, which she obtains for the manes of ancestors, and for the husband himself.
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 Sadhwi, or good and faithful,
30. 'But a wife, by her loyalty 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.
31. 'Learn now that excellent law, universally salutary, which was declared, concerning issue, by great and good sages formerly born.
32. 'They consider the male issue of a women as the son of the lord; but, on the subject of that lord, a difference of opinion is mentioned in the Veda; some giving that name to the real procreator of the child, and others applying it to the married possessor of the woman.
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.
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 distinguished
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.
38. 'On earth here below, even in the same ploughed field, seeds of many different forms, having been sown by husbandmen in the proper season, vegetate according to their nature:
39. 'Rice plants, mature in sixty days, and those, which require transplantation, mudsa, tila, masha, barley, leaks, and sugarcanes, all spring up according to the seeds.
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 Veda and its Angas, who desires long life:
42. 'They, who are acquainted with past times, have preserved, on this subject, holy drains 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 another:
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 property of him, who cut away the wood, or who cleared and tilled it; and the antelope, of the first hunter, who mortally wounded it.
45. 'Then only is a man perfect, when he consists of three persons united, his wife, himself, and his son; and thus have learned Brahmens announced this maxim: "The husband is even one person with his wife," for all domestick and religious, not for all civil, purposes.
46. 'Neither by sale nor desertion can a wife be released from her husband: thus we fully acknowledge the law enacted of old by the lord of creatures.
47. 'Once is the partition of an inheritance made; once is a damsel given in marriage; and once does a man say "I give:" these three are, by good 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, even thus is it with the wives of others.
49. '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 whatever from the corn, which may be produced:
50. 'Should a bull beget a hundred calves on cows not owned by his
calves belong solely to the proprietors of the cows; and the strength of the
bull was wasted:
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 procreator can have no advantage from it.
52. 'Unless there be a special agreement between the owners of the land and of the seed, the fruit belongs clearly to the landowner; for the receptacle is more important than the seed:
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 confederation of the seed, to divide between them.
54. 'Whatever man owns a field, if seed, conveyed into it by water or wind, should germinate, the plant belongs to the landowner: the mere sower takes not the fruit.
55. 'Such is the law concerning the offspring of cows, and mares, of female camels, goats, and sheep, of slave girls, hens, and milch buffalos, unless there be a special agreement.
56. 'Thus has the comparative importance of the soil and the seed been declared 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:
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
authorized by the husband or spiritual guide; except when such wife has no
59. 'On failure of issue by the husband, if he be of the fertile class, the desired offspring may be procreated, either by his brother or some other sapinda, on the wife, who has been duly authorized:
60. 'Sprinkled with clarified butter, silent, in the night, let the kinsman thus appointed beget one son, but a second by no means, on the widow or childless wife:
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 procreate a second.
62. 'The first object of the appointment being obtained according to law, both the brother and the widow must live together like a father and a daughter by affinity.
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.
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 to conceive by any other, violate the primeval law.
65. 'Such a commission to a brother or other near kinsman is nowhere mentioned
in the nuptial texts of the Veda; nor is
the marriage of a widow even named in the laws concerning marriage.
66. 'This practice, fit only for cattle, is reprehended by learned Brahmens; yet it is declared to have been the practice even of men, while VENA had sovereign power:
67. 'He, possessing the whole earth, and thence only called the chief of sage monarchs, gave rise to a confusion of classes, when his intellect became weak through lust.
68. '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.
69. 'The damsel, indeed, whose husband shall die after troth verbally plighted, but before consummation, his brother shall take in marriage according 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.
71. 'Let no man of sense, who has once given his daughter to a suitor, give her again to another; for he, who gives away his daughter, whom he had before given, incurs the guilt and fine of speaking 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 previously deflowered, and given to him with fraud:
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.
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 maintenance, reside abroad, let her continue firm in religious austerities; but, if he leave her no support, let her subsist by spinning and other blameless arts.
76. 'If he live abroad on account of some sacred duty, let her wait for him eight years; if on account of knowledge or fame, six; if on account of pleasure, three: after those terms have expired, she must follow him.
77. 'For a whole year let a husband bear with his wife, who treats him with aversion; but, after a year, let him deprive her of her separate property, and cease to cohabit with her.
78. 'She, who neglects her lord, though addicted to gaming, fond of spirituous liquors, or diseased, must be deserted for three months, and deprived of her ornaments and household furniture:
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 hatred to her lord, who is incurably diseased, who is mischievous, who wastes his property, may at all times be superseded by another wife.
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 delay;
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, or abandoned in the presence of the whole family:
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 rasticas of gold.
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 to the order of their classes:
80. '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 attendance, and
the daily business relating to acts of religion;
87. 'For he, who foolishly causes those duties to be performed by any other than his wife of the same class, when she is near at hand, has been immemorially considered as a mere Chandala begotten on a Brahmen.
88. 'To an excellent and handsome youth of the same class, let every man give his daughter in marriage, according to law; even though she have not attained her age of eight years:
89. 'But it is better, that the damsel, though marriageable, should stay at home till her death, than that he should ever give her in marriage to a bridegroom void of excellent qualities.
90. 'Three years let a damsel wait, though she be 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, nor the youth chosen, commits any offence;
92. 'But a damsel, thus electing her husband, shall not carry with her the ornaments, which she received 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 [p.348] over her, by detaining her at a time, when she might have been a parent.
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.
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 the Veda to be performed by the husband together with the wife.
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, if she consent;
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.
99. 'Neither ancients nor moderns, who were good men, have ever given a damsel in marriage, after she had been promised to another man;
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 till death:" this, in few words, may be
considered as the supreme law between husband and wife.
102. 'Let a man and woman, united by marriage, constantly beware, left, at any time disunited, they violate their mutual fidelity.
103. 'Thus has been declared to you the law, abounding in the purest affection, for the conduct of man and wife; together with the practice of raising up offspring to a husband of the fertile class on failure of issue by him begotten; learn now the law of inheritance.
104. 'After the death of the father and the mother, the brothers, being 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.
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. '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, therefore, ought before partition to manage the whole patrimony:
107. 'That son alone, by whose birth he discharges his debt, and through whom he attains immortality, was begotten from a sense of duty: all the rest are considered by the wife 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 vicious, destroys it: the first born is in this world the most respectable; and the good never treat him with disdain.
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.
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 reparation is, therefore, legal and even laudable.
112. 'The portion deducted for the eldest is a twentieth part of the heritage, with the best of all the chattels; for the middlemost, half of that, or a fortieth for the youngest, a quarter of it, or an eightieth.
113. 'The eldest and youngest respectively take their just mentioned portions; and, if there be more than one between them, each of the intermediate sons has the mean portion, or the fortieth.
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 performing their several duties, there is no deduction of the best in ten, or the most excellent [p.351] chattel; though some trifle, as a mark of greater veneration, should be given to the first born.
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 distributed in this manner:
117. 'Let the eldest have a double share, and the next born, a share and a half, if they clearly surpass 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 a share and share alike.
118. 'To the unmarried daughters by the same mother, 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 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 equal distribution belongs to the first born.
120. 'Should a younger brother in the manner before 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 deceased; and his natural father: thus is the law settled.
121. 'The representative is not so far wholly substituted by law in the place of the deceased principal, as to have the portion of an elder son; and the principal became a father in consequence of the procreation [p.352] by his younger brother; the son, therefore, is entitled by law to an equal share, but not to a double portion.
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 inferior on account of their mothers, who were married last.
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.
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 swabrahmanya, depends on actual priority of birth; and of twins also, if any such be conceived among different wives, the eldest is he, who was first actually born.
127. 'He, who has no son, may appoint his daughter 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 performing 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
129. 'He gave ten to DHERMA, thirteen to CASYAPA, twenty-seven to SOMA, king of Brahmens and medical plants, after doing honour to them with an affectionate heart.
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 property, but a daughter, who is closely united with his own soul?
131. 'Property, given to the mother on her marriage, 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 father, 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 without a son, must offer two funeral cakes, one to his own father, and one to the father of his mother.
133. 'Between a son's son and the son of a daughter, there is no difference in law; since their father and mother both sprang from the body of the same man:
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,
135. 'Should a daughter, thus appointed to raise up a son for her father, die by
any accident without a son, the husband of that daughter may, without
hesitation, possess himself of her property.
136. 'By that male child, whom a daughter thus appointed, either by an implied intention or a plain declaration, shall produce from an husband of an equal class, the maternal grandfather becomes in law the father of a son: let that son give the funeral cake and possess the inheritance.
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 the solar abode.
138. 'Since the son (trayate) delivers his father from the hell named put, he was, therefore, called puttra by BRAHMA himself:
139. 'Now between the sons of his son and of his 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 father; the third, to her paternal grandfather.
141. 'Of the man, to whom a son has been given, according to 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 the family and estate; but [p.355] of him, who has given away his son, the funeral oblation is extinct.
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 produced 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 procreated by an outcast:
145. 'But the son legally begotten on a wife, authorized for the purpose before mentioned, may inherit in all respects, if he be virtuous and learned, as a son begotten by the husband; since in that case the seed and the produce belong of right to the owner of the field.
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.
147. 'Should a wife, even though legally authorized, 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 baseborn and incapable of inheriting.
148. 'This law, which has preceded, must be understood of a distribution among sons begotten on women of the same class: hear now the law concerning sons by several women of different classes.
149. 'If there be four wives of a Brahmen 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 mesusage, shall be deducted from the inheritance and given to the Brahmen son, together with a larger share by way of pre-eminence.
151. 'Let the Brahmen take three shares of the residue; the son of the Cshatriya wife, two shares; the son of the Vaisya wife, a share and a half; and the son of the Sudra, wife, may take one share.
152. 'Or, if no deduction be made, let some person 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 Brahmani take four parts; the son of the Cshatriya, three; let the son of the Vaisya have two parts; let the son of the Sudra take a single part, if he be virtuous.
154. 'But, whether the Brahmen 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 Sudra.
155. 'The son of a Brahmen, a Cshatriya, or a Vaisya by a woman of the servile class, shall inherit no part of the estate, unless he be virtuous; nor jointly with other sons, unless his mother was lawfully married: whatever his father may give him, let that be his own.
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.
157. 'For a Sudra 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 the twelve sons of men, whom MENU, sprung from the Self-existent, has named, six are kinsmen and heirs; six, not heirs, except to their own fathers, but kinsmen.
159. 'The son begotten by a man himself in lawful 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:
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 Sudra, 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.
102. '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 from an illness thought incurable, each of the sons, ex- [p.358] clusively 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 estate, but, that all evil may be removed, let him allow a maintenance to the rest;
104. '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 by a kinsman, before his father's recovery, or a fifth part, if that son be eminently virtuous.
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.
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.
167. 'He, who was begotten, according to law, on the wife of a man deceased, or impotent, or disordered, after due authority given to her, is called the lawful son of the wife.
168. 'He, whom his father, or mother with her husband's assent, gives to another as his son, provided that the donee have no issue, if the boy be of the same class and affectionately disposed, is considered as a son given, the gift being confirmed by pouring water.
169. 'He is considered as a son made or adopted, whom a man takes as his own son, the boy being equal in class, endued with filial virtues, [p.359] acquainted with the merit of performing obsequies to his adopter, and with the sin of omitting them.
170. 'In whose mansions 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 birth in his mansion.
171. 'A boy, whom a 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 privately brings forth in the house of her father, if she afterwards marry her lover, is described as a son begotten on an unmarried girl.
173. 'If a pregnant young woman marry, whether her pregnancy be known or unknown, the male child 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 obsequies, purchases from his father and mother, whether the boy be equal or unequal to himself in good qualities, for in class all adopted sons must be equal.
175. 'He, whom a woman, either forsaken by her lord or a widow, conceived by a second husband, whom she took by her own desire, though against 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, either with her second, or her young and
177. 'He, who has lost his parents, or been abandoned by them without just cause, and offers himself to a man as his son, is called a son self-given.
178. 'A son, begotten through lust on a Sudra by a man of the priestly class, is 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 established,
180. 'These eleven sons (the son of the wife, and the rest as enumerated) are allowed by wise legislators to be substitutes in order for sons of the body, for the sake of preventing a failure of obsequies;
181. 'Though such, as are called sons for that purpose, but were produced from the manhood of others, belong in truth to the father, from whose manhood they severally sprang, and to no other, except by a just position of law,
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:
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
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 brothers.
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 oblations to them, and their heir, if they die without nearer descendants; but the fifth has no concern with the gift of the funeral cake.
187. 'To the nearest sapinda, male or female, after him in the third degree, the inheritance next belongs; then, on failure of sapindas and of their issue, the samanodaca, or distant kinsman, shall be the 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 Brahmen, as have read the three Vedas, 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 Brahmen 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.
190. 'If the widow of a man, who died without a son, raise up a son to him by one of his kinsmen, let her deliver to that son, at his full age the collected estate of the deceased, whatever it be.
191. 'If two sons, begotten by two successive husband, who are both dead, contend for their property, then in the hands of their mother, let each take, exclusively 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, equally divide the maternal estate: each married sister shall have a fourth part of a brother's allotment.
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.
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 sixfold separate property of a married woman:
195. 'What me 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 lifetime, by her children,
196. 'It is ordained, that the property of a woman, married by the ceremonies
called Brahma, Daiva, Arsha, Gaindiarva, or Prajapatya, 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 issue, it shall go to the daughter of the Brahmani wife, or to the issue of that daughter.
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.
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.
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 appointed, 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 partition, a share of that acquisition may go to the younger brothers, if they have made a due progress in learning;
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.
200. 'Wealth, however, acquired by learning, belongs exclusively to any one of them, who acquired it; so does any thing given by a friend, received on account of marriage, or presented as a mark of respect to a guest.
207. 'If any one of the brethren has a competence 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 up without his assent; for it was gained by his own exertion:
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 [p.365] he shall not, unless by his free will, put it into parcenary with his brethren, since in fact it was acquired by himself.
210. 'If brethren, once divided and living again together as parceners, make a second partition, the shares must in that case be equal; and the first born shall have no right of deduction.
211. 'Should the eldest or youngest of several brothers 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;
212. 'But, if he leave neither son, nor wife, nor daughter, nor father, nor mother, his uterine brothers and sisters, and such brothers as were re-united 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 father, there be a common exertion for common gain, the father shall never make an unequal division among them, when they divide their families.
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.
217. 'Of a son, dying childless and leaving no widow, the father and mother mall
take the estate; and, the mother also being dead, the paternal grandfather and
grandmother shall take the heritage on failure of brothers and nephews.
218. 'When all the debts and wealth have been justly distributed according to law, any property, that may afterwards be discovered, mail be subject to a similar distribution.
219. 'Apparel, carriages, or riding horses, and ornaments 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.
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 order: learn at present the law concerning games of chance.
221. 'Gaming, either with inanimate or with animated things, let the king exclude wholly from his realm: both those modes of play cause destruction to princes.
222. 'Such play with dice and the like, or by matches between rams and cocks, amounts to open theft; and the king must ever be vigilant in suppressing both modes of play:
223. 'Gaming with lifeless things is known among men by the name of dyuta; but samahwaya signifies a match between living creatures.
224. 'Let the king punish corporally at discretion both the
gamester and the
keeper of a gaming house, whether they play with inanimate or animated things;
and men of the servile class, who wear the string and other marks of the
225. 'Gamesters, publick dancers and singers, revilers of scripture, open hereticks, men who perform 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 vicious conduct.
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 discretion of the king.
229. 'A man of the military, commercial, or servile class, who cannot pay a fine, shall discharge the debt by his labour: a priest shall discharge it by little and little.
230. 'For women, children, persons of crazy intellect, the old, the poor, and the infirm, the king shall order punishment with a small whip, a twig, or a rope.
231. 'Those ministers, who are employed in publick 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 dilutions among the great
kill women, priests, or children, let the king put to death; and such, as adhere
to his enemies.
233. 'Whatever business has at any time been transacted conformably to law, let him consider as finally settled, and refuse to unravel;
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;
235. 'The slayer of a priest, a soldier or merchant drinking arak, or a priest drinking arak, mead, or rum, he, who deals the gold of a priest, and he, who violates the bed of his natural or spiritual father, are all to be considered reflectively as offenders in the highest degree, except those, whose crimes are not fit to be named:
236. 'On such of those four, as have not actually performed an expiation, let the king legally inflict corporal punishment, together with a fine.
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 and excluded from all social duties, let them wander over this earth:
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.
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 character 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;
242. 'But men of the other classes, who have committed those crimes, though without premeditation, shall be stripped of all their possessions; and, if their offence was premeditated, shall be corporally, or even capitally, punished, according to circumstances.
243. 'Let no virtuous prince appropriate the wealth of a criminal in the highest degree; for he, who appropriates it through covetousness, is contaminated with the same guilt:
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:
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.
246. 'Where the king abstains from receiving to his own use the wealth of
offenders, there children are born in due season and enjoy long lives;
247. 'There the grain of husbandmen rises abundantly, as it was respectively sown; there no younglings die, nor is one deformed animal born.
248. 'Should a man of the basest class, with preconceived malice, give pain to Brahmens, let the prince corporally punish him by various modes, that may raise terrour.
249. 'A king is pronounced equally unjust in releasing 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 established rules for administering justice, between two litigant parties, have been propounded 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 possession, let him govern them well.
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.
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
255. 'But of him, whose realm, by the strength of his arm, is defended and free from terrour, the dominions continually flourish, like trees duly watered.
256. 'Let the king, whose emissaries are his eyes, discern well the two sorts of rogues, the open and the concealed, who deprive other men of their wealth:
257. 'Open rogues are they, who subsist by cheating in various marketable commodities; and concealed 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, importers, and professors of palmistry;
259. 'Elephant breakers and quacks, not performing what they engage to perform, pretended artists, and subtil harlots;
260. 'These and the like thorny weeds, overspreading the world, let the king discover with a quick fight, and others, who act ill in secret; worthless men, yet bearing the outward signs of the worthy.
261. 'Having detected them, by the means of trusty persons disguised, who pretend to have the same occupation, with them, and of [p.372] spies placed in several stations, let him bring them by artifice, into his power:
262. 'Then, having fully proclaimed their respective criminal acts, let the king inflict punishment legally, according to the crimes proved;
203. 'Since, without certain punishment, it is impossible to restrain the delinquency of scoundrels with depraved souls, who secretly prowl over this earth.
264. 'Much frequented places, citterns of water, bake houses, the lodgings of harlots, taverns and victualling shops, squares where four ways meet, large well known trees, assemblies, and publick spectacles;
265. 'Old courtyards, thickets, the houses of artists, empty mansions, groves, and gardens;
260. 'These and the like places let the king guard, for the prevention of robberies, with soldiers, both stationary and patrolling, as well as with secret watchmen.
267. 'By the means of able spies, once thieves but reformed, who, well knowing the various machinations of rogues, associate with them and follow them, let the king detect and draw them forth:
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 occasions, 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.
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;
271. 'And let him slay all those, who give robbers food in towns, or supply them with implements, or afford them shelter.
272. 'Should those men, who are appointed to guard any districts, or those of the vicinity, who were employed for that purpose, be neutral in attacks 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.
274. 'They, who give no assistance on the plundering 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.
275. 'Men, who rob the king's treasure, or obstinately oppose his commands, let him destroy by various modes of just punishment; and those, who encourage his enemies.
276. 'Of robbers, who break a wall or partition, and commit theft in the night,
let the prince order the hands to be lopped off, and themselves to be fixed on a
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, as give thieves fire, such as give them food, such as give them arms and apartments, and such as knowingly receive a thing stolen, let the 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.
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.
281. 'He, who shall take away the water of an ancient pool, or shall obstruct a watercourse, must be condemned to pay the lowest usual amercement.
282. 'He, who shall drop his ordure on the king's highway, except in cafe of necessity, shall pay two panas and immediately remove the filth;
283. 'But a person in urgent necessity, a very old man, a pregnant woman, and a child, only deserve reproof, 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 footbridge, of a publick flag, of a palisade, and of idols made of clay, shall repair what he has broken, and pay a mulct of five hundred panas.
280. 'For mixing 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 purchasers at a fair price by delivering goods of less value, or shall sell at a high price goods of ordinary value, shall pay according to circumstances, the lowest or the middle amercement.
288. 'Let the king place all prisons near a public road, where offenders may be seen wretched or disfigured.
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.
291. 'The seller of bad grain for good, or of good feed placed at the top of the bag, to conceal the bad below, and the destroyer of known [p.376] landmarks, must suffer such corporal punishment as will disfigure them;
292. 'But the most pernicious of all deceivers is a goldsmith, who commits frauds: the king shall order him to be cut piecemeal with razors.
293. 'For stealing implements of husbandry, weapons, 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 Septanga:
295. 'Among those seven members of a kingdom, let him consider the ruin of the first, and so forth in order, as the greatest calamity;
290. '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:
297. 'In these and those acts, indeed, this and that member may be distinguished; and the member, by which any affair is transacted, has the pre-eminence in that particular affair.
298. 'When the king employs emissaries, when he exerts power, when he regulates publick business, let him invariably know both his own strength and that of his enemy,
299. 'With all their several distresses and vices: let him then begin his
operations, having maturely considered the greater and less importance of
300. 'Let him, though frequently disappointed, renew his operations, how fatigued soever, again and again; since fortune always attends the man, who, having begun, strenuously renews his efforts.
301. 'All the ages, called Satya, Treta, Divapara, and Cass, depend on the conduct of the king; who is declared in turn to represent each of those ages:
302. 'Sleeping, he is the Cali age; waking, the Dwapara; exerting himself in action, the Treta; living virtuously, the Satya.
303. 'Of INDRA, of SURYA, of PAVANA, of YAMA, of VARUNA, of CHANDRA, of AGNI, and of PRITHIVI, 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 the water during eight months, thus let him, performing the function of the sun, gradually draw from his realm the legal revenue:
306. 'As PAVANA, when he moves, pervades all creatures, thus let him, imitating the regent of wind, pervade all places by his concealed emissaries:
307. 'As YAMA, at the appointed time, punishes friends and foes, or
revere, and those who contemn, him, thus let the king, resembling the judge of
departed spirits, punish offending subjects:
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:
310. 'Against criminals let him ever be ardent in wrath, let him be splendid in glory, let him consume wicked ministers, thus emulating the functions of AGNI, regent of fire.
311. 'As PRITHIVI 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 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 money, provoke Brahmens to anger by taking their property; for they, once enraged, could immediately by sacrifices and imprecations destroy him with his troops, elephants, horses and cars.
314. 'Who, without perishing, could provoke those holy men, by whom, that is, by whose ancestors, under BRAHMA, the all-devouring [p.379] fire was created, the sea with waters not drinkable, and the moon with its wane and increase?
315. 'What prince could gain wealth by oppressing 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 oblations, worlds and gods perpetually subsist; those, who are rich in the learning of the Veda?
317. 'A Brahmen, whether learned or ignorant, is a powerful divinity; even as fire is a powerful divinity, 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:
319. 'Thus, although Brahmens employ themselves in all sorts of mean occupation, they must invariably be honoured; for they are something transcendently divine.
320. 'Of a military man, who raises his arm violently on all occasions against the priestly class, the priest himself shall be the chastiser since the soldier originally proceeded from the Brahmen.
321. 'From the waters arose fire; from the priest, the soldier; from stone, iron: their all penetrating force is ineffectual in the places, whence they respectively sprang.
322. 'The military class cannot proper without the sacerdotal, nor can the
sacerdotal be raised without the military: both classes, by cordial union, are
exalted in this world and in the next.
323. 'Should the king be near his end through some incurable disease, be 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, 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.
326. 'Let the Vaisya, having been girt with his proper sacrificial thread, and having married an equal wife, be always attentive to his business of agriculture and trade, and to that of keeping cattle;
327. 'Since the lord of created beings, having formed herd, and flocks, intrusted them to the care of the Vaisya, while he intrusted the whole human species to the Brahmen and the Chatriya:
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 another class.
329. 'Of gems, pearls, and coral, of iron, of woven cloth, of perfumes and of liquids, let him well know the prices both high and low:
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 defects of commodities, the advantages and disadvantages of different regions, the probable gain or loss on vendible goods, and the means of breeding cattle with large augmentation:
332. 'Let him know the just wages of servants, the various dialects of men, the best way of keeping goods, and whatever else belongs to purchase and sale.
333. 'Let him apply the most vigilant care to augment his wealth by performing his duty; and, with great solicitude, let him give nourishment to all sentient creatures.
334. 'Servile attendance on Brahmens learned in the Veda, chiefly on such as keep house and are famed for virtue, is of itself the highest duty of a Sudra, and leads him to future beatitude:
335. 'Pure in body and mind, humbly serving the three higher classes, mild in speech, never arrogant, ever seeking refuge in Brahmen principally, he may attain the most eminent class in another transmigration.
330. 'This clear system of duties has been promulgated for the four classes, when they are not in distress for subsistence; now learn in order their several duties in times of necessity.'
CHAPTER THE TENTH.
On the mixed Classes; and on Times of Distress.
1. 'Let the three twice born classes, remaining firm in their
carefully read the Veda; but a Brahmen must explain it to them, not a man of the
other two classes: this is an established rule.
2. 'The Brahmen must know the means of subsistence ordained by law for all the classes, and must declare them to the rest: let himself likewise act in conformity to law.
3. 'From priority of birth, from superiority of origin, from a more exact knowledge of scripture, and from a distinction in the sacrificial thread, the Brahmen is the lord of all classes.
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 from the gayatri, 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 of the class next immediately
below them, wise legislators 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, Murdhabhishicta, Mahishya,
and Carana, or Cayastha; and their several employments are teaching military
exercises; musick, astronomy, and keeping herds; and attendance on princes.
7. 'Such is the primeval rule for the sons of women one degree lower than their husbands: for the sons of women two or three degrees lower, let this rule of law be known.
8. 'From a Brahmen, on a wife of the Vaisya class, is born a son called Ambashta, or Vaisya, on a Sudra wife a Nishada, named also Parasava:
9. 'From a Cshatriya, on a wife of the Sudra class, springs a creature, called Ugra, with a nature partly warlike and partly servile, ferocious in his manners, cruel in his acts.
10. 'The sons of a Brahmen by women of three lower classes, of a Cshatriya by women of two, and of a Vaisya by one lower class, are called apasadah, or degraded below their fathers.
11. 'From a Cshatriya, by a Brahmeni wife, springs a Suta by birth; from a Vaisya, by a military or sacerdotal wife, spring a MagadhA and a Vaideha.
12. 'From a Sudra, on women of the commercial, military, and priestly classes, are born sons of a mixed breed, called Ayogava, Chattri, and Chandala, the lowest of mortals.
13. 'As the Ambasasha and Ugra, born in a
direct order with one class between
those of their parents, are considered in law, so are the Cshattri and the
Vaideha, born in an inverse order with one intermediate class; and all four may
be touched without impurity.
14. 'Those sons of the twice-born, who are begotten on women without an interval (Antara) between the classes mentioned in order, the wise call Anantaras, giving them a distinct name from the lower degree of their mothers.
15. 'From a Brahmen, by a girl of the Ugra tribe, is born an Avrita; by one of the Ambasha tribe, and Abhira by one of the Ayagava tribe, a Dhigvana.
16. 'The Ayagava, the Cshattri, and the Chandala, the lowest of men, spring from a Sudra in an inverse order of the classes, and are, therefore, all three excluded from the performance of obsequies to their ancestors:
17. 'From a Vaisya the Magadha and Vaideha, from a Cshatriya the Suta only, are born in an inverse order; and they are three other sons excluded from funeral rites to their fathers.
18. 'The son of a Nishada, by a woman of the Sudra class, is by tribe a Puccasa; but the son of a Sudra by a Nishadi woman, is named Cuccutaca.
19. 'One, born of a Cshattri by an Ugra, is called Swapdca; and one, begotten by a Vaideha on an Ambashthi wife, is called Vena.
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 Vratyas, or excluded from the gayatri.
21. 'From such an outcast Brahmen springs a son of a sinful nature, who in different countries is named a Bhurjacantaca, an Avantya, a Vatadhana, a Pushpadha, and a Saicha:
22. 'From such an outcast Cshatriya comes a son called a Masta, a Nichbhi, a Nata, a Carana, a Chafa, and a Dravira:
23. 'From such an outcast Vaisya is born a son called Sudhaniana, Charya, Carujha, Vijanman, Maitra, and Satwata.
24. 'By intermixtures of the classes, by their marriages 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 describe.
26. 'The Sata, the Vaideha, and the Cbandala, that lowest of mortals, the Magadha, the Chattri by tribe, and the Ayo.
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 lowest;
28. 'As a twice born son may spring from a Brahmen 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.
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 Sudra begets, on a Brahmeni woman, a son more vile than himself, thus any other low man begets, on woman of the four classes, a son yet lower.
31. 'The six low classes, marrying inversely, beget fifteen yet lower tribes, the base producing still baser; and in a direst order they produce fifteen more.
32. 'A Dasyu, or outcast of any pure class, begets on an Ayogam woman a Sairinabra, who should know how to attend and to dress his master; though not a slave, he must live by slavish work, and may also gain subsistence by catching wild beasts in toils:
33. 'A Valdeha begets on her a sweet voiced Maitreyaca, who, ringing a bell at the appearance of dawn, continually praises great men:
34. 'A Nisoada begets on her a Margava, or Dasa, who subsists by his labour in boats, and is named Carverta by those, who dwell in Aryaverta, or the land of the venerable.
35. 'Those three of a base tribe are severally begotten on Ayagavi women, who
wear the clothes of the deceased and eat reprehensible food.
36. 'From a Nishada springs by a woman of the Vaideha tribe, a Caravara, who cuts leather, and from a Vaideha spring by women of the Caravara and Nishada casts, an Andhra and a Meda, who must live without the town.
37. 'From a Chandala, by a Vaidthi woman, comes a Pandufopaca, who works with cane and reeds; and from a Nishada, an Ahindica, who acts as a jailor.
38. 'From a Chandala, by a Puccasi woman, is born a Sopaca, who lives by punishing criminals condemned by the king, a sinful wretch ever despised by the virtuous.
39. 'A Nishala woman, by a Chandala, produces a son called Antyavasayin, employed in places for burning the dead, contemned even by the contemptible.
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 of lower classes, must perform the duties of twice born men; but those, who are born in an inverse order, and called lowborn, are equal, in respect: of duty, to mere Sudras.
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 inferiour world.
43. 'The following races of Cshatriya, by their omission of holy rites and by seeing no Brahmens, have gradually sunk among men to the lowest of the four classes:
44. 'Paundracas, Odras, and Draviras; Cambojas, Tavanas, and Sacas, Paradas, Pablavas, Chinas, Ciratas, Deradas, and Chasas.
45. 'All those tribes of men, who sprang from the mouth, the arm, the thigh, and the foot of BRAHMA, but who became outcasts by having neglected their duties, are called Dasyus, or plunderers, whether they speak the language of Mlechch'has, or that of Aryas.
46. 'Those sons of the twice-born, who are said to be degraded, and who are considered as lowborn, shall subsist only by such employments, as the twice born despise.
47. 'Sutas must live by managing horses and by driving cars; Ambashthas, by curing disorders; Vaidthas, by waiting on women; Magadhas, by travelling with merchandize;
48. 'Nishadas, by catching fish; an Ayogava, by the work of a carpenter; a Meda, an Andhra, and (the sons of a Brahmen by wives of the Vaideha and Ugra classes, respectively called) a Chunchu and a Madgu, by slaying beasts of the forest;
49. 'A Cshattri, an Ugra, and a Puccasa, by killing or confining
such animals as
live in holes: Dhigvanas, by selling leather; Venas, by striking
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.
51. 'The abode of a Chandala and a Sivapdca must be out of the town; they must not have the use of entire vessels; their sole wealth must be dogs and asses:
52. 'Their clothes must be the mantles of the deceased; their dirties for food, broken pots; their ornaments, rusty iron; continually must they roam from place to place;
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:
54. '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;
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.
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
is not openly known, who, though worthless in truth, bears the semblance of a
worthy man, let people discover by his acts:
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 of his father or of his mother, he can at no time conceal his origin:
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.
61. 'In whatever country such 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 baseborn tribes.
63. 'Avoiding all injury to animated beings, veracity, abstinence 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 classless.
64. 'Should the tribe sprung from a Brahmen, by a Sudra woman, produce a succession of children by the marriages of its women with [p.392] other Brahmens, the low tribe shall be raised to the highest in the seventh generation.
65. 'As the son of a Sudra may thus attain the rank of a Brahmen, and as the son of a Brahmen may sink to a level with Sudras, even so must it be with him, who springs from a Cshatriya; even so with him, who was born of a Vaisya.
66. 'If there be a doubt, as to the preference between him, who was begotten by a Brahmen for his pleasure, but not in wedlock, on a Sudra woman, and him, who was begotten by a Sudra on a Brahmeni,
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 a base man, must himself continue base:
68. 'Neither of the two (as the law is fixed) shall be girt with a sacred string; not the former, because his mother was low; nor the second, because the order of the classes was inverted.
69. 'As good grain, springing from good son, 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.
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:
71. 'Grain, cast into bad ground, wholly perishes, and a good field with no
grain sown in it, is a mere heap of clods;
72. 'But since, by the virtue of eminent fathers, even the sons of wild animals, as Rishyasringa, and others, have been transformed into holy men revered and extolled, the paternal side, therefore, prevails.
73. 'BRAHMA himself, having compared a Sudra, who performs the duties of the twice born, with a twice born man, who does the acts of a Sudra, said: "Those two are neither equal nor unequal," that is, they are neither equal in rank, nor unequal in bad conduct.
74. 'Let such Brahmens 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:
75. 'Reading the Vedas, and teaching others to read them, sacrificing, and assisting others to sacrifice, 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 firstborn class;
76. 'But, among those six acts of a Brahmen, three are his means of subsistence; assisting to sacrifice, teaching the Vedas, and receiving gifts from a pure handed giver.
77. 'Three acts of duty cease with the Brahmen, and belong not to the Cshatriya; teaching the Vedas, officiating at a sacrifice, and, thirdly, receiving presents:
78. 'Those three are also (by the fixed rule of law) forbidden to the
since MENU, the lord of all men, prescribed not those acts to the two classes,
military and commercial.
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 alms-giving, reading, sacrificing.
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 commerce or keeping herds and flocks.
81. 'Yet a Brahmen, unable to subsist by his duties just mentioned, may live by the duty of a soldier; for that is the next in rank.
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:
83. 'But a Brahmen and a Cshatriya, obliged to subsist by the acts of a Vaisya, must avoid with care, if they can live by keeping herds, the business of tillage, which gives great pain to sentient creatures, and is dependant on the labour of others, as bulls and so forth.
84. 'Some are of opinion, that agriculture is excellent, but it is a mode of subsistence, which the benevolent greatly blame; for the iron-mouthed pieces of wood not only wound the earth, but the creatures dwelling in it.
85. 'If, through want of a virtuous livelihood, they cannot follow laudable
occupations, they may then gain a competence of wealth by selling commodities
usually sold by merchants, avoiding what ought to be avoided:
86. 'They must avoid selling liquids of all sorts, dressed grain, seeds of tila, stones, salt, cattle, and human creatures;
87. 'All woven cloth dyed red, cloth made of Jana, of cshuma bark, and of wool, even though not red; fruit, roots, and medicinal plants;
88. 'Water, iron, poison, flesh meat, the moonplant, and perfumes of any sort; milk, honey, buttermilk, clarified butter, oil of tila, wax, sugar, and blades of cusa-grass;
89. 'All beasts of the forest, as deer and the like; ravenous beasts, birds, and fish; spirituous liquors, or indigo, and lacsha, or lac; and all beasts with uncloven hoofs.
90. 'But the Brahmen 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 own culture:
91. 'If he apply seeds of tila to any purpose but food, anointing, and sacred oblations, he shall be plunged, in the shape of a worm, together with his parents, into the ordure of dogs.
92. 'By selling flesh meat, lacsha, or salt, a Brahmen immediately sinks low; by selling milk three days, he falls to a level with a Sudra;
93. 'And by selling the other forbidden commodities with his own free will, he assumes in this world, after
seven nights, the nature of a mere Vaisya.
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.
95. 'A military man, in distress, may subsist by all these means, but at no time must he have recourse 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 own.
98. 'A mercantile man, unable to subsist by his own duties, may descend even to the servile acts of a Sudra, taking care never to do what ought never to be done; but, when he has gained a competence, let him depart from service.
99. 'A man of the fourth class, not finding employment by waiting on the twice born, while his wife and son are tormented with hunger, may subsist by handicrafts:
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.
101. 'Should a Brahmen, 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:
102. 'The Brahmen, having fallen into distress, may receive gifts from any person whatever; for by no sacred rule can it be shown, that absolute purity can be sullied.
103. 'From interpreting the Veda, from officiating at sacrifices, or from taking presents, though in modes generally disapproved, no sin is committed by priests in distress; for they are as pure as fire or water.
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:
105. 'AJIGARTA, dying with hunger, was going to destroy his own son by selling him for some cattle, yet he was guilty of no crime, since he only fought a remedy against famishing:
106. 'VAMADEVA, 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:
107. 'BHARADWAJA, eminent in devotion, when he and his son were almost starved in a dreary forest, accepted several cows from the carpenter VRIDHU:
108. 'VISWAMITRA too, than whom none better knew the
virtue and vice, resolved, when he was perishing with hunger, to eat the haunch
of a dog, which he had received from a Chandala.
109, 'Among the acts generally disapproved, namely, accepting presents from tow 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 Brahmen after his present life;
110. 'Because assisting to sacrifice and explaining the scripture arc 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.
111. 'The guilt, incurred by assisting tow men to sacrifice and by teaching them the scripture, is removed by repetitions of the gayatri and oblations to fire; but that, incurred by accepting gifts from them, is expiated only by abandoning the gifts and by rigorous devotion.
112. 'It were better for a Brahmen, who could not maintain himself, to glean ears and grains after harvest 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.
113. 'Brahmens, who keep house, and are in want of any metals except gold and silver, or of other articles for good uses, may ask the king for them, if he be of the military class; but a king, known to be avaricious and unwilling to give, must not be solicited.
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 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 men.
116. 'Learning, except that contained in the scriptures, 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 subsistence in times of distress.
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.
118. 'A milatary 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 [p.400] profits, may be an eighth of their crops in a time of distress, 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.
121. 'If a Sudra want a subsistence and cannot attend a priest, he may serve a Cshatriya; or, if be cannot wait on a soldier by birth, he may gain his livelihood by serving an opulent Vaisya.
122. 'To him, who serves Brahmens with a view to a heavenly reward, or even with a view to both this life and the next, the union of the word Brahmen with his name of servant will assuredly bring success.
123. 'Attendance on Brahmens is pronounced the best work of a Sudra: whatever else he may perform will comparatively avail him nothing.
124. 'They must allot him a fit maintenance according to their own circumstances, after considering his ability, his exertions, and the number of those, whom he must provide with nourishment:
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 household 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 discharging his own duty.
127. 'Even Sudras, who are anxious to perform their entire duty, and, knowing
what they should perform, imitate the practice of good men in the
household sacraments, but without any holy text, except
those containing praise and
salutation, are so far from sinning, that they acquire just applause:
128. 'As a Sudra, 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.
129. 'No superfluous collection of wealth must be made by a Sudra, even though he has power to make it, since a servile man, who has amassed riches, becomes proud, and, by his insolence or neglect, gives pain even to Brahmens.
130. 'Such, as have been fully declared, are the several duties of the four classes in distress for subsistence; and, if they perform them exactly, they shall attain the highest beatitude.
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 sin.'
CHAPTER THE ELEVENTH.
On Penance and Expiation.
1. 'Him, who intends to marry for the sake of having issue; him, who
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 Vedas,
and him, who is afflicted with illness;
2. 'These nine Brahmens let mankind consider as virtuous mendicants, called snatacas; and, to relieve their wants, let gifts of cattle or gold be presented to them in proportion to their learning:
3. 'To these most excellent Brahmens must rice also be given with holy presents at oblations to fire and within the consecrated circle; but the dressed 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.
4. 'On such Brahmens, as well know the Veda, 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 money to defray his nuptial expences,
marries another woman, mall have no advantage but sensual enjoyment: the
offspring belongs to the bestower of the bestower of the gift.
6. 'Let every man, according to his ability, give wealth to Brahmens detached from the world and learned in scripture: such a giver shall attain heaven after this life.
7. 'He alone is worthy to drink the juice of the moonplant, who keeps a provision of grain sufficient to supply those, whom the law commands him to nourish, for the term of three years or more;
8. 'But a twice-born man, who keeps a less provision of grain, yet presumes to taste the juice of the moonplant, shall gather no fruit from that sacrament, even though he taste it at the first, or solemn, much less at any occasional, ceremony.
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 poison; 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.
11. 'Should a sacrifice, performed by any twice-born sacrificer, and by a Brahmen especially, be imperfect from the want of some ingredient, during the reign of a prince, who knows the law,
12. 'Let him take that article, for the completion of the
sacrifice, from the
house of any Vaisya, who possesses considerable herds, but neither
nor drinks the juice of the moonplant:
13. 'If such a Vaisya be not near, he may take two or three such necessary articles at pleasure from the house of a Sudra; since a Sudra has no business with solemn rites.
14. 'Even from the house of a Brahmen or a Cshatriya, who possesses a hundred cows, but has no consecrated fire, or a thousand cows, but performs no sacrifice with the moonplant, let a pried without scruple take the articles wanted.
15. 'From another Brahmen, who continually receives presents but never gives, let him take such ingredients of the sacrifice, if not bestowed on request: so shall his fame be spread abroad, and his habits of virtue increase.
16. 'Thus, likewise, may a Brahmen, who has not eaten at the time of six meals, or has sailed three 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 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.
18. 'The wealth of a virtuous Brahmen must at no time be seized by a Cshatriya; but, having no other means to complete a sacrifice, he [p.406] may take the goods of any man, who acts wickedly, and of any, who performs not his religious duties:
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.
21. 'Let no pious king fine the man, who takes by stealth or by force what he wants to make a sacrifice perfect; since it is the king's folly, that causes the hunger or wants of a Brahmen:
22. 'Having reckoned up the persons, whom the Brahmen is obliged to support, having ascertained his divine knowledge and moral conduct, let the king allow him a suitable maintenance from his own household;
23. 'And, having appointed him a maintenance, let the king protect him on all sides; for he gains from the Brahmen, whom he protects, a sixth part of the regard for his virtue.
24. 'Let no Brahmen ever beg a gift from a Sudra; for, if he perform a sacrifice after such begging, he shall, in the next life, be born a Chandala.
25. 'The Brahmen, 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 hundred years.
26. 'Any evil hearted wretch, who, through covetousness, shall
seize the property
of the gods or of Brahmens, shall feed in another world, the orts of vultures.
27. 'The sacrifice Vaiswanari must be constantly performed on the first day of the new year, or on the new moon of Chaitra, as an expiation for having omitted through mere forgetfulness the appointed sacrifices of cattle and the rites of the moonplant:
28. 'But a twice-born man, who, without necessity, does an act allowed only in a case of necessity, reaps no fruit from it hereafter: thus has it been decided.
29. 'By the Viswedevas, by the Sadhyas, and by eminent Rishis of the sacerdotal class, the substitute was adopted for the principal act, when they were apprehensive of dying in times of eminent peril;
30. 'But no reward is prepared in a future state for that ill minded man, who, when able to perform the principal sacrifice, has recourse to the substitute.
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:
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 Brahmen coerce his foes.
33. 'He may use, without hesitation, the powerful charms revealed to ATHARVAN, and by him to ANGIRAS; for speech is the weapon of a Brahmen: 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 mechanick, by their property; but the chief of the twice born, by
holy texts and oblations to fire.
35. 'A priest, who performs his duties, who justly corrects his children and pupils, who advises expiations for sin, and who loves all animated creatures, is truly called a Brahmen: to him let no man say any thing unpropitious, nor use any offensive language.
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 diseased, nor one uninvested with the sacrificial string;
37. 'Since any of those persons, who make such an oblation, shall fall into a region of torture, together with him, who suffers his hearth to be used: he alone, who perfectly knows the sacred ordinances, and has read all the Vedas, must officiate at an oblation to holy fire.
38. 'A Brahmen 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 sacrifice with trifling gifts to the officiating priest:
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 all destroyed by a sacrifice offered with trifling presents: let no man, therefore, sacrifice without liberal gifts.
41. 'The priest, who keeps a sacred hearth, but voluntarily neglects the morning
and evening oblations to his fires, must perform, in the manner to be described,
the penance chandrayana for one month; since that neglect is equally
the slaughter of a son.
42. 'They, who receive property from a Sudra for the performance of rites to consecrated fire, are contemned, as ministers of the base, by all such as pronounce texts of the Veda:
43. 'Of those ignorant priests, who serve the holy fire for the wealth of a Sudra, the giver shall always tread on the foreheads, and thus pass over miseries in the gloom of death.
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 perform an expiatory penance.
45. 'Some of the learned confider an expiation as confined to involuntary fin; but others, from the evidence of the Veda, hold it effectual even in the case of a voluntary offence:
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. 'If a twice born man, by the will of GOD in this world, or from his natural birth, have any corporeal 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 preceding state, suffer a morbid change in their bodies:
49. 'A stealer of gold from a Brahmen has whitlows on his nails; a drinker of spirits, black teeth; the slayer of a Brahmen, a marasmus; the violator of his guru's bed, a deformity in the generative organs;
50. 'A malignant informer, fetid ulcers in his nostrils; a false detractor, stinking breath; a stealer of grain, the defect of some limb; a mixer of bad wares with good, some redundant member;
51. 'A stealer of drafted grain, dyspepsia; a stealer of holy words, or an unauthorized reader of the scriptures, 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 swelling in his limbs:
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 performed for the sake of expiation; since they, who have not expiated their sins, will again spring to birth with disgraceful marks.
55. 'Killing a Brahmen, 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 [p.411] must declare to be crimes in the highest degree, in respect of those after mentioned, but left than incest in a direct line, and same others.
56. 'False boasting of a high tribe, malignant information, before the king, of a criminal who must suffer death, and falsely accusing a spiritual preceptor, are crimes in the second degree, and nearly equal to killing a Brahmen.
57. 'Forgetting the texts of scripture, mowing contempt 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.
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 dealing the gold of a Brahmen.
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, deserting a preceptor, a mother, a father, or a son, omitting to read the scripture, and neglect of the fires prescribed by the Dhermasastra only,
61. 'The marriage of a younger brother before the elder, and that elder's omission to marry before the 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,
63. 'Omitting the sacred investiture, abandoning a kinsman, teaching the Veda for hire, learning it from a hired teacher, selling commodities, that ought not to be sold,
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,
65. 'Cutting down green trees for firewood, performing 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-payment of the three debts, application to the books of a false religion, and excessive attention to musick or dancing,
67. 'Stealing grain, base metals, or cattle, familiarity by the twice-born with women, who have drunk inebriating liquor, killing without malice a woman, a Sudra, a Vaisya, or a Cshatriya, and denying a future state of rewards and punishments, are all crimes in the third degree, but higher or lower according to circumstances.
68. 'Giving pain to a Brahmen, 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.
69. 'To kill an ass, a horse, a camel, a deer, an elephant, a goat, a
fish, a snake, or a buffalo, is declared an offence, which degrades the killer
to a mixed tribe.
70. 'Accepting presents from despicable men, illegal traffick, attendance on a Sudra master, and speaking falsehood, must be considered as causes of exclusion from social repasts.
71. 'Killing, an infect, 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 mail now be completely instructed in those penances, by which all the sins just mentioned are expiable.
73. 'If a Brahmen have killed a man of the sacerdotal class, without malice prepense, the slayer being far superior to the slain in good qualities; he must himself make a hut in a forest and dwell in it twelve whole years, subsisting on alms for the purification of his soul, placing near him, as a token 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.
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 circumstances, may cast himself headlong thrice, or even till he die, into blazing fire.
75. 'Or, if he be a king, and slew a priest without malice or knowledge of his class, he may perform, with presents of great wealth, one of the [p.414] following sacrifices; an Aswamedha, or a Swerjit, or a Gosava, or an Abhijit, or a Viswajit, or a Trivrit, or an Agnijhtut.
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, repeating any one of the Vedas, 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 Brahmen learned in the Veda, or a sufficiency of wealth for his life, or a house and furniture to hold while he lives:
78. 'Or, eating only such wild grains as are offered to the gods, he may walk to the head of the river Saraswati against the course of the stream; or, subsisting on very little food, he may thrice repeat the whole collection of Vedas, or the Rich, Yajush, and Saman.
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 Brahmens;
80. 'There, for the preservation of a cow or a Brahmen, let him instantly abandon life; since the preserver of a cow or a Brahmen atones for the crime of killing a priest:
81. 'Or, by attempting at least three times forcibly to recover from robbers the property of a Brahmen, or by recovering it in one of his attacks, or even by losing his life in the attempt, he atones for his crime.
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
undesignedly killing a Brahmen, after the twelfth year has expired.
83. 'Or, if a virtuous Brahmen 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 by bathing with other Brahmens at the close of the sacrifice:
84. 'Brahmens are declared to be the basis, and Cshatriya 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 Brahmen is an object of veneration even to deities: his declarations to mankind are decisive evidence; and the Veda itself confers on him that character.
86. 'Three at least, who are learned in the Veda, should be assembled to declare the proper expiation 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 atonement for sinners; since the words of the learned give purity.
87. 'Thus a Brahmen, who has performed one of the preceding expiations, according to the circumstances of the homicide and the characters of the persons 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:
88. 'He must perform the same penance for killing an embryo, the sex of which was unknown, but whose parents were sacerdotal, or a [p.416] military or a commercial man employed in a sacrifice, or a Brahmeni woman, who has bathed after temporary uncleanness;
89. 'And the same for giving false evidence in a cause concerning land or gold or precious commodities, and for accusing his preceptor unjustly, and for appropriating a deposit, and for killing the wife of a priest, who keeps a consecrated fire, or for slaying a friend.
90. 'Such is the atonement ordained for killing a priest without malice; but for killing a Brahmen 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 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:
93. 'Or, if be tasted it unknowingly, he may expiate the sin of drinking spirituous liquor, by eating only some broken rice or grains of tila, from which oil has been extracted, once every night for a whole year, wrapped in coarse venture 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.
94. 'Since the spirit of rice is distilled from the Mala, or filthy refuse, of the grain, and since Mala is also a name for sin, let no Brahmen, Cshatriya, or Vaisya drink that spirit.
95. 'Inebriating liquor may be considered as of three principal
extracted from dregs of sugar, that extracted from bruised rice, and that
extracted from the flowers of the Madhuca: as one, so are all; they shall not be
tasted by the chief of the twice
96. 'Those liquors, and eight other sorts, with the flesh of animals, and Asava, the most pernicious beverage, prepared with narcotick drugs, are swallowed at the juncates of Yacshas, Racshasas, and Pisacias: they shall not, therefore, be tasted by a Brahmen, who feeds on clarified butter offered to gods.
97. 'A Brahmen, stupefied by drunkenness, might fall on something very impure, or might even, when intoxicated, pronounce a secret phrase of the Veda; or might do some other act, which ought not to be done.
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 Sudra.
99. 'Thus have been promulgated the various modes of expiation for drinking spirits: I will next propound the atonement for stealing the gold of a priest to the amount of a suverna.
100. 'He, who has purloined the gold of a Brahmen, must hasten to the king, and proclaim his offence; 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; [p.418] and by that stroke, whether he die or be only left as dead, the thief is released from sin: a Brahmen by rigid penance alone can expiate that offence; another twice-born man may also perform such a penance at his election.
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 Brahmen.
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 or spiritual, they must expiate by the following penances.
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, having himself amputated his penis and scrotum, and holding them in his fingers, he may walk in a direct path toward the southwest, or the region of NIRRITI, until he fall dead on the ground:
106. 'Or, if he had mistaken her for another woman, he may perform for a whole year, with intense application of mind, the penance prajapatya, 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:
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 chandrayana
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 following austerities.
109. 'He, who has committed the smaller offence of killing a cow without malice, must drink for the first month barleycorns 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 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 controul:
111. 'All day he must wait on the herd, and stand quaffing the dust raised by their hoofs; at night, having servilely attended and stroked and saluted them, he must surround them with a fence, and sit near to guard them:
112. 'Pure and free from passion, he must stand, while they stand; follow them, when they move together; and lie down by them when they lie down:
113. 'Should a cow be sick or terrified by tigers or thieves, or fall, or stick in mud, he must relieve 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
utmost of his
115. 'Neither in his own house, or field, or floor for treading out grain, nor in those of any other person, let him say a 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 ten cows and a bull, or, his flock not being so large, must deliver all he possesses, to such as best know the Veda.
118. 'The preceding penances, or that called Chandrayana, 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 incurred the guilt of an avacirna;
119. 'But he, who has become Avacirni, must sacrifice a black or a one-eyed ass, by way of a meat offering to NIRRITI, patroness of the southwest, by night in a place where four ways meet:
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.
121. 'A voluntary effusion, naturally or otherwise, of that which may produce a man, by a twice-born youth during the time of his [p.421] studentship, or before marriage, has been pronounced avarna, or a violation of the rule prescribed for the first order, by sages, who knew the whole system of duty, and uttered the words of the Veda.
122. 'To the four deities of purification, MARUTA, INDRA, VHIHASPATI, AGNI, goes all the divine light, which the Veda had imparted from the student, who commits the soul sin avacirna;
123. 'But, this crime having actually been committed, 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 or evening, and bathing each day at the three savanas, he shall be absolved from his guilt at the end of one year.
125. 'He, who has voluntarily committed any sin, which causes a loss of class, must perform the tormenting penance, thence called santapana; or the prajapatya, if he offended involuntarily.
126. 'For sins, which degrade to a mixed class, or exclude from society, the sinner must have recourse to the lunar expiation chandrayana 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 Sudra, who had been constant in discharging his duties, a sixteenth part:
128. 'But, if a Brahmen kill a Cshatriya without malice, he
must, after a full
performance of his religious rites, give the priests one bull together with a
129. 'Or he may perform for three years the penance for slaying a Brahmen, 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.
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:
131. 'For six months must he perform this whole penance, if without intention be kill a Sudra; or he may give ten white cows and a bull to the priests.
132. 'If he kill by design a cat, or an ichneumon, the bird Chasha, or a frog, a dog, a lizard, an owl, or a crow, he must perform the ordinary penance required for the death of a Sudra, that is, the chandrayana:
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 yogan, or thrice bathe in a river, or silently repeat the text on the divinity of water; that is, if he be disabled by real infirmity from performing the first mentioned penances, he may have recourse to the next in order.
134. 'A Brahmen, if he kill a snake, must give to same priest a hoe, or iron headed stick; if an eunuch, a load of rice straw, and a masha of lead;
135. 'If a boar, a pot of clarified butter; if the bird tittiri, a
drona 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 Brahmen:
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 rastica of gold, if he slay a camel:
139. 'If he kill a woman of any class caught in adultery, he must give as an expiation, in the direct order of the four classes, a leathern pouch, a bow, a goat, and a sheep.
140. 'Should a Brahmen be unable to expiate by gifts the sin of killing a snake and the rest, he must atone for his guilt by performing, on each occasion, the penance prajapatya.
141. 'For the slaughter of a thousand small animals which have bones, or for that of boneless animals enough to fill a cart, he must perform the chandrayana, or common penance for killing a Sudra;
142. 'But, for killing boned animals, he must also give some trifle, as a pana of copper, to a Brahmen: for killing those without bones, he may be absolved by holding his breath, at the close of his penance [p.424] while he thrice repeats the gayatri with its bead, the frariava, and the vyahritis.
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 infects 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 clarified butter is a full expiation.
145. 'If a man cut, wantonly, and for no good purpose, such 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 committed 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 that of rice, may be absolved by a new investiture with the sacrificial string: even for drinking intentionally the weaker sorts of spirit, a penance extending 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 fanchapujhpi boiled in milk:
149. 'If he touch any spirituous liquor, or give any away, or accept any in due
form, or with thanks, or drink water left by a Sudra, he must swallow nothing,
for three days and nights, but cusa-grass boiled in water.
150. 'Should a Brahmen, who has once tasted the holy juice of the moonplant, even smell the breath of a man who has been drinking spirits, he must remove the taint by thrice repeating the gayatri, while he suppresses his breath in water, and by eating clarified butter after that ceremony.
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;
152. 'But, in such new investiture of the twice-born, the partial tonsure, the zone, the staff, the petition of alms, and the strict rules of abstinence, need not be renewed.
153. 'Should one of them eat the food of those persons, with whom he ought never to eat, or food left by a woman or a Sudra, or any prohibited flesh, he must drink barley gruel only for seven days and nights.
154. 'If a Brahmen drink sweet liquors turned acid, or astringent juices from impure fruits, he becomes unclean, as long as those fluids remain undigested.
155. 'Any twice-born man, who by accident has tasted the dung or urine of a tame boar, an ass, a camel, a makal, an ape, or a crow, must perform the penance chandrayana:
156. 'If he taste dried flesh meat, or mushrooms rising from the ground, or any
thing brought from a 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 taptacrictihra, or burning and fever, is the only atonement,
158. 'A Brahmen, who, before he has completed his theological studies, eats food at monthly obsequies to one ancestor, must fast three days and nights, and sit in water a day:
159. 'But a student in theology, who at any time unknowingly tastes honey or flesh, must perform the lowest penance, or the prajapatya, and proceed to finish his studentship.
160. 'Having eaten what has been left by a cat, a crow, a moue, a dog, or an ichneumon, or what has even been touched by a louse, he must drink, boiled in water, the plant brahmasuverchala.
161. 'By the man, who seeks purity of soul, no forbidden food must be tasted: what he has undesignedly swallowed he must instantly vomit up, or must purify himself with speed by legal expiations.
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.
163. 'The chief of the twice-born, having voluntarily stolen such property, as grain, raw or dressed, from the house of another Brahmen, shall be absolved on performing the penance prajapatya for a whole year;
164. 'But the penance chandrayana must be performed for
stealing a man, woman,
or child, for seizing a field, or a house, or for taking the waters of an
enclosed pool or well.
165. 'Having taken goods of little value from the house of another man, he must procure absolution by performing the penance santapana; having first restored, as the penitent thief always must, the goods that he stole.
166. 'For taking what may be eaten, or what may be tipped, a carriage, a bed, or a seat, roots, flowers, or fruit, an atonement may be made by swallowing the five pure things produced from a cow, or milk, curds, butter, urine, dung:
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.
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 austerities only can remove the sin of carnally approaching 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 puberty, or
with women of the lowest classes, must perform the penance ordained for defiling
the bed of a preceptor:
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 kinsman, must perform the chandrayana, or lunar penance;
173. 'No man of sense would take one of those three as his wife: they shall not be taken in marriage by reason of their consanguinity; and he, who marries any one of them, falls deep into sin.
174. 'He, who has wasted, what might have produced a man, with female brute animals, with a woman during her courses, or in any but the natural part, or in water, must perform the penance santapana: for a bestial act with a cow the penance must be far more severe.
175. 'A twice-born man, dallying lasciviously with a male in any place or at any time, or with a female in a carriage drawn by bullocks, or in water, or by day, shall be degraded, and must bathe himself publickly with his apparel.
176. 'Should a Brahmen carnally know a woman of the Chandala or Mlech'ha tribes, or tastes their food, or accept a gift from them, he loses his own class, if he acted unknowingly, or, knowingly, sinks to a level with them.
177. 'A wife, excessively corrupt, let her husband confine to one apartment, and
compel her to perform the penance ordained for a man, who has committed
178. 'If, having been solicited by a man of her own class, she again be defiled, her expiation must be the penance prajapatya added to the chandrayana.
179. 'The guilt of a Brahmen, who has dallied a whole night with a Chandali woman, he may remove in three years by subsisting on alms, and incessantly repeating the gayatri with other mysterious texts.
180. 'These penances have been declared for sinners 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 intercourse with degraded offenders.
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 an atonement for such intercourse, the penance ordained for that sinner himself.
183. 'The sapindas and samanodacas of a man degraded, for a crime in the first degree, must offer a libation of water to his manes, as if [p.430] he were naturally dead, out of the town, in the evening of some inauspicious day, as the ninth of the moon, his paternal kinsmen, his officiating priest, and his spiritual guide being present.
184. 'A female slave must kick down with her foot an old pot filled with water, which had for that purpose been placed towards 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:
185. 'They must thenceforth desist from speaking to him, from sitting in his company, from delivering to 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.
186. 'His right of primogeniture, if he was an elder brother, must be withholden from him, and whatever perquisites arise from priority of birth: a younger brother, excelling him in virtue, must appropriate the share of the firstborn.
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 perform, as before, all the acts incident to his relation by blood.
189. 'The same ceremony must be performed by the kindred even of women degraded, for whom clothes, dressed rice, and water must be provided; and they must dwell in huts near the family house.
190. 'With sinners, whose expiations are unperformed, let not a man
transact business of any kind; but those, who have performed their expiations, let him at
no time reproach:
191. 'Let him not, however, live with those, who have slain children, or injured their benefactors, or killed suppliants for protection, or put women to death, even though such offenders have been legally purified.
192. 'Those men of the twice-born classes, to whom the gayatri has not been repeated and explained, according to law, the assembly must cause to perform three prajapatya 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 Veda,
194. 'If priests have accepted any property from bale hands, they may be absolved by relinquishing the presents, by repeating mysterious texts, and by acts of devotion:
195. 'By three thousand repetitions of the gayatri with intense application of mind, and by subsisting on milk only for a whole month in the pasture of cows, a Brahmen, 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 Brahmens, who must thus interrogate him: "Art thou really desirous, good man, of re-admission to an equality with us?"
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 re-admission.
198. 'He, who has officiated at a sacrifice for outcasts, or burned the corpse of a stranger, or performed rites to destroy the innocent, or made the impure sacrifice, called Abina, may expiate his guilt by three prajapatya penances.
199. 'A twice-born man, who has rejected a suppliant for his protection, or taught the Veda on a forbidden day, may atone for his offence by subsisting a whole year on barley alone.
200. 'He, who has been bitten by a dog, a shakal, or an ass, by any carnivorous animal frequenting a town, by a man, a horse, a camel, or a boar, may be purified by stopping his breath during one repetition of the gayatri.
201. 'To eat only at the time of the sixth meal, or on the evening of every third day, for a month, to repeat a Sanhita of the Vedas, and to make eight oblations to fire, accompanied with eight holy texts, are always an expiation for those, who are excluded from society at repasts.
202. 'Should a Brahmen voluntarily ascend a carriage borne by camels or drawn by asses, or designedly 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 Veda commands to be
performed, and for a violation of the duties prescribed to a housekeeper, the
atonement is fasting one day.
205. 'He, who says hush or pish to a Brahmen, or thou to a superior, must immediately bathe, eat nothing for the rest of the day, and appease him by clasping his feet with respectful salutation.
206. 'For striking a Brahmen even with a blade of grass, or tying him by the neck with a cloth, or overpowering him in argument, and adding contemptuous words, the offender must soothe him by falling prostrate.
207. 'An assaulter of a Brahmen, with intent to kill, shall remain in hell a hundred years; for actually striking him with the like intent, a thousand:
208. 'As many small pellets of dust as the blood of a Brahmen 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 penance must be performed; for a battery, the third or very severe penance; but for shedding blood, without killing, both of those penances.
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 sinner to perform it, and the nature of the sin.
211. 'Those penances, by which a man may atone for his crimes, I now will describe to you; penances, which have been performed by deities, by holy sages, and by forefathers of the human race.
212. 'When a twice-born man performs the common 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
213. 'Eating a whole day the dung and urine of cows 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 Santapana, either from the devout man SANTAPANA, or from tormenting.
214. 'A twice-born man performing the penance, called very severe, in respect of the common, must 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 from food.
215. 'A Brahmen, 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.
216. 'A total fast for twelve days and nights, by a penitent with his organs controlled and his mind attentive, is the penance named paraca, which expiates all degrees of guilt.
217. 'If he diminish his food by one mouthful each day during the dark fortnight, eating fifteen mouthfuls 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 chandrayana, or the lunar penance:
218. 'Such is the penance called ant-shaped or narrow in the middle, but, if he perform the barley-shaped or broad in the middle, he must [p.435] observe the same rule, beginning with the bright half month, and keeping under command his organs of action and sense.
219. 'To perform the lunar penance of an anchoret, he must eat only eight mouthfuls of forest grains at noon for a whole month, taking care to subdue his mind.
220. 'If a Brahmen eat only four mouthfuls at sunrise, and four at sunset, for a month, keeping his organs controlled, he performs the lunar penance of children.
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:
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, accompanied 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 in his mantle, and at no time conversing with a woman, a Sudra, 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, [p.436] chaste as a student of the Veda, bearing the sacred zone and staff, showing reverence to his preceptor, to the gods, and to priests;
226. 'Perpetually must he repeat the gayatri, and other pure texts to the best of his knowledge: thus in all penances for absolution from sin, must he vigilantly employ himself.
227. 'By these expiations are twice born men absolved, whose offences are publickly known, and are mischievous by their example; but for sins not publick, the assembly of priests must award them penances, with holy texts and oblations to fire.
228. 'By open confession, by repentance, by devotion, and by reading the scripture, a sinner may be released from his guilt; or by almsgiving, in case of his inability to perform the other acts of religion.
229. 'In proportion as a man, who has committed a sin, shall truly and voluntarily confers it, so far he is disengaged from that offence, like a snake from his slough;
230. 'And, in proportion as his heart sincerely loathes his evil deed, so far shall his vital spirit be freed from the taint of it.
231. 'If he commit sin, and actually repent, that sin shall be removed from him; but if he merely say, "I will sin thus no more," he can only be released by an actual abstinence from guilt.
232. 'Thus revolving in his mind the certainty of retribution in a future state, let him be constantly good in thoughts, words, and action.
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 repeat the same devout act, until his conscience be perfectly satisfied.
235. 'All the bliss of deities and of men is declared by sages, who discern the sense of the Veda, to have in devotion its cause, in devotion its continuance, in devotion its fullness.
230. 'Devotion is equal to the performance of all duties; it is divine knowledge in a Brahmen; 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 Sudra.
237. 'Holy sages, with subdued passions, feeding only on fruit, roots, and air, by devotion alone are enabled to survey the three worlds, terrestrial, ethereal, and celestial, peopled with animal creatures, locomotive and fixed.
238. 'Perfect health, unfailing medicines, divine learning, and the various mansions of deities, are acquired by devotion alone: their efficient cause is devotion.
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 difficulty of devotion is the greatest of all.
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, serpents, 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 committed in their bodily acts, they speedily burn it all away by devotion, if they preserve devotion as their best wealth.
243. 'Of a priest, whom devotion has purified, the divine spirits accept the sacrifices, and grant the desires with ample increase.
244. 'Even BRAHMA, lord of creatures, by devotion enacted this code of laws; and the sages by devotion acquired a knowledge of the Vedas.
245. 'Thus the gods themselves, observing in this universe the incomparable power of devotion, have proclaimed aloud the transcendent excellence of pious austerity.
246. 'By reading each day as much as possible of the Veda, by performing the five great sacraments, and by forgiving all injuries, even sins of the highest degree shall be soon effaced:
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 Brahmen, who understands the Veda, consumes all sin.
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.
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 Brahmen from his hidden faults.
250. 'Even a drinker of spirituous liquors is absolved by repeating each day the text apa used by the sage CAUTSA, or that beginning with preti used by VASISHTHA, or that called mahitra, or that, of which the first word is suddhavatyah.
251. 'By repeating each day for a month the text asyavamiya, or the hymn Sivasancalpa, the stealer of gold from a priest becomes instantly pure.
252. 'He, who has violated the bed of his preceptor, is secret faults by repeating sixteen times a day the text havishyantiya, or that beginning with natamanhah, or by revolving in his mind the sixteen holy verses, called Paurujha.
253. 'The man, who desires to expiate his hidden sins great and small, must repeat once a day for 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, shall be purified by
repeating for a month the text somaraudra or the three texts aryamna, while he
bathes in a sacred stream.
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 text na me, shall efface a sin even of an extremely high degree.
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 pavamant, living solely on food given in charity:
259. 'Or, if he thrice repeat a Sanbita of the Vedas, or a large portion of them with all the mantras and brahmanas, dwelling in a forest with subdued organs, and purified by three paracas, 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 aghamarjhana:
261. 'As the sacrifice of a horse, the king of sacrifices, removes all sins, thus the text aghamarjhana destroys all offences.
262. 'A priest, who should retain in his memory the whole Rig-Veda, would be absolved from guilt, even if he had slain the [p.441] inhabitants of the three worlds, and had eaten food from the foulest hands.
263. 'By thrice repeating the mantras and brahmanas of the Rich, or those of the Yajush, or those of the Saman, with the Upanishads, he shall perfectly be cleansed from every possible taint:
264. 'As a clod of earth, cast into a great lake, sinks in it, thus is every sinful act submerged in the triple Veda.
265. 'The divisions of the Rich, the several branches of the Yajush, and the manifold strains of the Saman must be considered as forming the triple Veda: he knows the Veda, who knows them collectively.
266. 'The primary triliteral syllable, in which the three Vedas themselves are comprised, must be kept secret, as another triple Veda: he knows the Veda, who distinctly knows the mystlck sense of that word.'
CHAPTER THE TWELFTH.
On Transmigration and Final Beatitude.
1. '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 now,
from the first principles, the ultimate retribution for their deeds.
2. 'BHRIGU, whose heart was the pure essence of virtue, who proceeded from MENU himself, thus addressed the great sages: "Hear the infallible rules 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:
4. 'Of that threefold 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 the mind:
6. 'Scurrilous language, falsehood, indiscriminate backbiting, and
tattle, are the four bad acts of the tongue:
7. 'Taking effects not given, hurting sentient creatures without the sanction of law, and criminal intercourse 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.
8. 'A rational creature has a reward or a punishment for mental acts, in his mind; for verbal acts, in his organs of speech; for corporeal acts, in his bodily frame.
9. 'For sinful acts mostly 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:
10. 'He, whose firm understanding obtains a command over his words, a command over his thoughts, and a command over his whole body, may justly be called a tridandi, or triple commander; not a mere anchoret, who bears three visible slaves.
11. 'The man, who exerts this triple self-command with respect to all animated creatures, wholly subduing both lust and wrath, shall by those means attain beatitude.
12. 'That substance, which gives a power of motion to the body, the wise call cshetrajnya, or jivatman, the vital spirit; and that body, which thence derives active functions, they name bhutatman, or composed of dements:
13. 'Another internal spirit, called mahat, or the great
soul, attends the birth
of all creatures imbodied, and thence in all mortal forms is conveyed a
perception either pleasing or painful.
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. 'From the substance of that supreme spirit are diffused, like sparks from fire, innumerable vital spirits, which perpetually give motion to creatures exalted and base.
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;
17. 'And, being intimately united with those minute nervous particles, according to their distribution, they shall feel, in that new body, the pangs inflicted in each case by the sentence of YAMA.
18. 'When the vital soul has gathered the fruit of sins, which arise from a love of sensual pleasure, 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:
19. 'They two, closely conjoined, examine without remission the virtues and vices of that sensitive soul, according to its union with which it acquires pleasure 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;
21. 'But, if it had generally been addicted to vice, and seldom attended to virtue, then shall it be deserted 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 removed, it again reaches those five pure elements in the order of their natural distribution.
23. 'Let each man, considering with his intellectual 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.
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, it remains incessantly attached to all these created substances:
25. 'When any one of the three qualities predominates in a mortal frame, it renders the imbodied spirit eminently distinguished for that quality.
20. 'Goodness is declared to be true knowledge; darkness, gross ignorance; passion, an emotion of desire or aversion: such is the compendious description 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 goodness:
28. 'A temper of mind, which gives uneasiness and produces disaffection, let him consider as the adverse quality of passion, ever agitating imbodied spirits:
29. 'That indistinct, inconceivable, unaccountable disposition of a mind naturally sensual, and clouded with infatuation, let him know to be the quality of darkness.
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.
31. 'Study of scripture, austere devotion, sacred knowledge, corporeal purity, command over the organs, performance of duties, and meditation on the divine spirit, accompany the good quality of the soul:
32. 'Interested motives for acts of religion or morality, perturbation of mind on slight occasions, commission of acts forbidden by law, and habitual indulgence in selfish gratifications, are attendant on the quality of passion:
33. 'Covetousness, indolence, avarice, detraction, atheism, omission of prescribed acts, a habit of soliciting favours, and inattention to necessary business, belong to the dark quality.
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 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, which he is never ashamed of doing and which brings placid joy to his conscience.
38. 'Of the dark quality, as described, the principal 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.
39. 'Such transmigrations, as the soul procures in this universe by each of those qualities, I now will declare in order succinctly.
40. 'Souls, endued with goodness, attain always the state of deities; those filled with ambitious passions, the condition of men; and those immersed in darkness, the nature of beasts: this is the triple order of transmigration.
41. 'Each of those three transmigrations, caused by the
several qualities, must also be considered as threefold, the lowest, the mean, and the
according to as many distinctions of acts and of knowledge.
42. 'Vegetable and mineral substances, worms, insects, and reptiles, some very minute, some rather larger, fish, snakes, tortoises, cattle, shakals, are the lowest forms, to which the dark quality leads:
43. 'Elephants, horses, men of the servile class, and contemptible Mlech'has, or barbarians, lions, tigers, and boars, are the mean states procured by the quality of darkness:
44. 'Dancers and singers, birds, and deceitful men, giants and blood-thirsty savages, are the highest conditions, to which the dark quality can ascend.
45. 'Jhallas, 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 occasioned by the passionate quality:
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 CUVERA, 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 Brahmens, such orders of demigods as
are wasted in airy cars, genii of the signs and lunar mansions, and Daityas, or
the offspring of DITI, are the lowest of states procured by the quality of
49. 'Sacrificers, holy sages, deities of the lower heaven, genii of the Vedas, regents of stars not in the paths of the sun and moon, divinities of years, Pitus or progenitors of mankind, and the demigods named Sadhyas, are the middle forms, to which the good quality conveys all spirits moderately endued with it.
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 avyatta, or unperceived, are the highest conditions, to which, by the good quality, souls are exalted.
51. 'This triple system of transmigrations, in which each class has three orders, according to actions of three kinds, and which comprises all animated 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.
54. 'Sinners in the first degree, having passed through terrible regions of torture for a great number of years, are condemned to the [p.451] following births at the close of that period to efface all remains of their sin.
55. 'The slayer of a Brahmen must enter according to the circumstances of his crime the body of a dog, a boar, an ass, a camel, a bull, a goat, a sheep, a stag, a bird, a Chandala, or a Puccasa.
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.
57. 'He, who steals the gold of a priest, shall pass a thousand times into the bodies of spiders, of snakes and chameleons, of crocodiles and other aquatick monsters, or of mischievous blood sucking demons.
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.
59. 'They, who hurt any sentient beings, are born cats and other enters of raw flesh; they, who taste what ought not to be tailed, maggots or small flies; they, who steal ordinary things, devourers of each other: they, who embrace very low women, become restless ghosts.
60. 'He, who has held intercourse with degraded men, or been criminally connected with the wife of another, or stolen common [p.452] things from a priest, shall be changed into a spirit, called Braimaracshasa.
61. 'The wretch, who through covetousness has stolen rubies or other gems, pearls, or coral, or precious things of which there are many sorts, shall be born in the tribe of goldsmiths, or among birds called hemacaras, 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 stinging gnat; if milk, a crow; if expressed juice, a dog; if clarified butter, an ichneumon weasel;
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 valaca;
64. 'If silken clothes, the bird tittiri, if woven flax, a frog; if cotton cloth, the water bird crauncha; if a cow, the lizard godha; if molasses, the bird vagguda;
65. 'If exquisite perfumes, a muskrat; if potherbs, a peacock; if dressed grain in any of its various forms, a porcupine; if raw grain, a hedgehog;
66. 'If he steal fire, the bird vaca; if a household utensil, an ichneumon-fly; if dyed cloth, the bird chacara;
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 [p.453] from a jar, the bird chataca; if carriages, a camel; if small cattle, a goat.
68. 'That man who designedly takes away the property of another, or eats any holy cakes not first presented to the deity at a solemn rite, shall inevitably 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.
71. 'Should a Brahmen omit his peculiar duty, he shall be changed into a demon called Ulcamuc'ha or with a mouth like a firebrand, who devours what has been vomited; a Chatriya, into a demon called Cataputana, who feeds on ordure and carrion;
72. 'A Vaisya, into an evil being called Maitracshajyatica, who eats purulent carcasses; and a Sudra, who neglects his occupations, becomes a soul imbodied spirit called Chailasaca, who feeds on lice.
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 endure analogous pains;
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.
75. 'They shall first have a sensation of agony in Tamisra or utter darkness, and in other feats of horrour; in Asipatravana, or the sword leaved forest, and in different places of binding fast and of rending:
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 continually miserable, and suffer alternate afflictions from extremities of cold and of heat, surrounded with terrours of various kinds:
78. 'More then once shall they lie in different wombs; and, after agonizing births, be condemned to severe captivity, and to servile attendance on creatures like themselves:
70. '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 anguish, pangs of innumerable sorts, and, lastly, unconquerable death.
81. 'With whatever disposition of mind a man shall perform in this life any act
religious or moral, in a future body endued with the same quality, shall he
receive his retribution.
82. 'Thus has been revealed to you the system of punishments for evil deeds: next learn those acts of a Brahmen, which lead to eternal bliss.
83. 'Studying and comprehending the Veda, practising 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.
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 beatitude?
85. 'Of all those duties, answered BHRIGU, the 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 immortality:
86. 'In this life, indeed, as well as the next, the study of the Veda, to acquire a knowledge of GOD, 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 Veda teaches, all the rules of good conduct, before mentioned in order, are fully comprised.
88. 'The ceremonial duty, prescribed by the Veda, 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.
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 exempt from a body composed of the five elements:
91. 'Equally perceiving the supreme soul in all beings and all beings in the supreme soul, he sacrifices his own spirit by fixing it on the spirit of GOD, and approaches the nature of that sole divinity, who shines by his own effulgence.
92. 'Thus must the chief of the twice-born, though he neglect the ceremonial rites mentioned in the Sastras, be diligent alike in attaining a knowledge of GOD and in repeating the Veda:
93. 'Such is the advantageous privilege of those, who have a double birth from their natural mothers and from the gayatri their spiritual mother, especially of a Brahmen; since the twice born man, by performing this duty but not otherwise, may soon acquire endless felicity.
94. 'To patriarchs, to deities, and to mankind, the scripture is an eye giving
constant light; nor could the Veda Sastra have been made by human faculties;
nor can it be measured by human reason unassisted by revealed glosses and
comments: this is a sure proposition.
95. 'Such codes of law as are not grounded on the Veda, 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 Veda, must have been composed by mortals, and shall soon perish: their modern date proves them vain and false.
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 Veda:
98. 'The nature of found, of tangible and visible shape, of taste, and of odour, the fifth object of sense, is clearly explained in the Veda alone, together with the three qualities of mind, the births attended with them, and the acts which they occasion.
99. 'All creatures are sustained by the primeval Veda Sastra, which the wise therefore hold supreme, because it is the supreme source of prosperity to this creature, man.
100. 'Command of armies, royal authority, power of inflicting punishment, and sovereign dominion over all nations, he only well deserves, who perfectly understands the Veda Sastra.
101. 'As fire with augmented force burns up even humid trees, thus he, who well
knows the Veda, burns out the taint of sin, which has infected his soul.
102. 'He, who completely knows the sense of the Veda Sastra, while he remains in any one of the four orders, approaches the divine nature, even though he sojourn in this low world.
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 only remember; and they, who perform their known duty, than such men, as barely know it.
104. 'Devotion and sacred knowledge are the bed means by which a Brahmen can arrive at beatitude: by devotion he may destroy guilt; by sacred knowledge he may acquire immortal glory.
105. 'Three modes of proof, ocular demonstration, logical inference, and the authority of those various books, which are deduced from the Veda, must be well understood by that man, who seeks a distinct knowledge of all his duties:
106. 'He alone comprehends the system of duties religious and civil, who can reason, by rules of logic agreeable to the Veda, on the general heads of that system as revealed by the holy sages.
107. 'These rules of conduct, which lead to supreme bliss, have been exactly and comprehensively declared: the more secret learning of this Manama Sastra shall now be disclosed.
108. 'If it be asked, how the law shall be ascertained, when particular cases
are not comprised under any of the general rules, the answer is this: "That,
which well instructed Brahmens propound, shall be held incontestable law."
109. 'Well instructed Brahmens are they, who can adduce ocular proof from the scripture itself, having studied, as the law ordains, the Vedas and their extended branches, or Vedangas, Mimansa, Nyaya, Dhermasastra, Puranas:
110. 'A point of law, before not expressly revealed, which shall be decided by an assembly of ten such virtuous Brahmens 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 Vedas, of a fourth skilled in the Nyaya, and a fifth in the Mimansa philosophy; of a sixth, who has particularly studied the Niructa seventh, who has applied himself most assiduously to the Dhermasastra; and of three universal scholars, who are in the three first orders.
112. 'One, who has chiefly studied the Rig-Veda, a second, who principally knows the Yajush, and a third best acquainted with the Saman, are the assembly of three under a head, who may remove all doubts both in law and casuistry.
113. 'Even the decision of one priest, if more cannot be assembled; who perfectly knows the principles of the Vedas, must be considered [p.460] as law of the highest authority; not the opinion of myriads, who have no sacred knowledge.
114. 'Many thousands of Brahmens cannot form a legal assembly for the decision of contests, if they have not performed the duties of a regular studentship, are unacquainted with scriptural texts, and subsist only by the name of their sacerdotal class.
115. 'The sin of that man, to whom dunces, pervaded by the quality of darkness, propound the law, of which they are themselves ignorant, shall pass, increased a hundredfold, to the wretches who propound it.
116. 'This comprehensive system of duties, the chief cause of ultimate felicity, has been declared to you; and the Brahmen, who never departs from it, shall attain a superiour state above.
117. 'Thus did the all wise MENU, who possesses extensive dominion, and blazes with heavenly splendour, disclose to me, from his benevolence to mankind, this transcendent system of law, which must be kept devoutly concealed from persons unfit to receive it.
118. 'Let every Brahmen with fixed attention consider all nature, both visible and invisible, as existing in the divine spirit; for, when he contemplates the boundless universe existing in the divine spirit, he cannot give his heart to iniquity:
119. 'The divine spirit alone is the whole assemblage of gods; all worlds are seated in the divine spirit, and the divine spirit no doubt produces, by a chain of causes and effects confident with free will, the connected series of ads performed by imbodied souls.
120. 'He may contemplate the subtil ether in the cavities of his body; the air
in his muscular motion and sensitive nerves; the supreme solar and igneous
light, in his digestive heat and his visual organs; in his corporeal fluids,
water, in the terrene parts of his fabrick, earth;
121. 'In his heart, the moon; in his auditory nerves, the guardians of eight regions; in his progressive motion, VISHNU; in his muscular force, HARA; in his organs of speech, AGNI; in excretion, MITRA; in procreation, BRAHMA:
122. 'But he must consider the supreme omnipresent 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 numbering; but which for the purpose of assisting his meditation, he may imagine more subtil than the finest conceivable essence, and more bright than the purest gold.
123. 'Him some adore as transcendently present in elementary fire; others, in MENU, lord of creatures, 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.
124. 'It is He, who, pervading all beings in five elemental forms, causes them by the gradations of birth, growth, and distribution, to revolve in this world, until they deserve beatitude, like the wheels of a car.
125. 'Thus the man, who perceives in his own soul the supreme soul present in all creatures, acquires equanimity toward them all, [p.462] and shall be absorbed at last in the highest essence, even that of the Almighty himself.'
126. Here ended the sacred instructor; and every twice-born man, who, attentively reading this Manava Sastra promulgated by BHRIGU, shall become habitually virtuous, will attain the beatitude which he seeks.
The learned Hindus are unanimously of opinion, that many laws enabled by MENU,
their oldest reputed 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 the following texts, which
are collected in a work entitled Mandana ratna pradipa;
1. CRATU: In the Cali age a son must not be begotten 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 waterpot be carried by a student in theology.
II. VRIHASPATI: 1. Appointments of kinsmen to beget children on widows, or married women, when the husbands are deceased or impotent, are mentioned by the sage MENU, but forbidden by himself 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 husband.
2. In the first and second ages men were endued with true piety and found 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
now be adopted by men destitute of those eminent powers.
III. PARA'SARA: l. 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 second; his family, in the third age; but in the fourth he needs only desert the offender.
2. In the first age, he is degraded by mere conservation 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. NARADA: The procreation of a son by a brother of the deceased, the slaughter of cattle in the entertainment of a guest, the repast on flesh meat at funeral obsequies, and the order of a hermit are forbidden or obsolete in the fourth age.
V. Aditya purana; 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 are addicted to sin:
2. Such are a studentship continued for a very long time, and the necessity of carrying a waterpot, marriage with a paternal kinswoman, or with a near maternal 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 procreation 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 Brahmens, 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 performed an expiation; performances of sacrifices for all sorts of men; and the necessity of carrying a waterpot;
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 Sautramani;
5. Receiving what has been licked off, at an oblation to fire, from the pot of clarified butter; entrance into the third order, or that of a hermit, though ordained 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 Brahmen 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 adultery:
9. These parts of ancient law were abrogated by wise
legislators, as the cases arose at the beginning of the Cali age, with an intent of
securing mankind from
On the preceding texts it must be remarked, that none of them, except that of VRIHASPATI, are cited by CULLUCA, who never seems to have considered any other laws of MENU as restrained to the three first ages; that the Smriti. or sacred code, is quoted without the name of the legislator; and that the prohibition, in any age, of self-defence, even against Brahmens, is repugnant to a text of SUMANTU, to the precept and example of CRISHNA himself, according to the Mahabharat, and even to a sentence in the Veda, by which every man is commanded to defend his own life from all violent aggressors,
Calcutta, March 1, 1794.
The Institutes of Hindu Law have been very correctly printed, and the whole impression has just been sent to the Governor and Council, who will not fail to transmit copies for the King's library, for yourself, and for the Directors. If I had obtained his Majesty's leave to resign my office, nothing would now keep me here, but the Digest of Indian Laws, consisting of nine large volumes, two of which remain to be collated and studied with the learned Brahmen, who assists me: he is old and infirm; but, should he be able to attend me another year, or two years at the very utmost, the whole work will be finished, and I shall copy it during my voyage, if the King shall graciously permit me to leave India.
I, therefore, intreat you, Sir, to lay before his Majesty, my humble supplication for his gracious permission to resign my judgeship in the year 1795, or (if the Digest should not then be completed) in 1796; it being my anxious wish to pass the remainder of my life in studious retirement, though devoted, as I ever have been, to the service of my King and my Country, and of that recorded Constitution, which is the basis of our national glory and felicity.
I have the honour to be, Sir,
your very obedient,
The Right Honourable Henry Dundas, Esq.