EIGHTEENTH TITLE OF LAW.
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The Minor Law Books (SBE33), by Julius Jolly, [1889], at sacred-texts.com
MISCELLANEOUS.
* 1. 1 Under the head of Miscellaneous (Disputes) are comprised lawsuits depending on the king, (such as) transgression of the king's commandments and obedience towards his injunctions,
* 2. 2 Grants of towns, the division of the constituent elements of a state, the duties and the reverse of heretics, followers of the Veda, corporations (of merchants), and assemblages (of kinsmen).
* 3. Disputes between father and son, neglect of (prescribed) penances, abstraction of gifts (made to worthy persons), the wrath of anchorites,
* 4. Sinful confusion of castes, the rules regarding their means of subsistence, and (in short) whatever
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has been omitted in the preceding (titles of law), are treated under the head of Miscellaneous.
5. 5 The king shall be careful to protect all orders and the constituent elements of his state with the four means indicated by science.
6. 6 When any caste should remain (behind the rest) or exceed the limits (assigned to it, the king), seeing that it has strayed from its path, shall bring it back to the path (of duty).
7. 7 So also, when other wicked acts, opposed to the dictates of the sacred law, have been committed, the king, after having reflected (upon the matter) himself, shall inflict punishment on those who deserve it.
8. What is opposed to revealed and traditional law, or injurious to living beings, must not be practised by the king; and when it is practised (by others), he must check it.
* 9. When an act contrary to justice has been undertaken by a former king from folly, he must redress that iniquitous enactment in accordance with the principles of equity.
* 10. 10 The weapons of soldiers, the tools of artizans, the ornaments of public women, the various musical or other instruments of professional (musicians, or other artists, &c.),
* 11. And any implements by which artificers gain
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their substance, must not be laid hold on by the king, even when he confiscates the entire property (of a man or woman).
12. It is not permitted to either advise or rebuke a king or Brahman, on account of their dignity and sanctity, unless they should swerve from the path (of duty).
13. That wicked man who does not act up to the laws proclaimed by the king, shall be fined and corporally punished, as offending against the king's commandments.
14. 14 If the king were remiss in dictating punishments to (members of) any caste, when they have left the path (of duty), the created beings of this world would perish.
15. Brahmans would leave the sacerdotal caste, and Kshatriyas would forsake the Kshatriya caste. The stronger would eat up the weaker, like fish on a spit.
16. 16 The Vaisyas would abandon their work, and the Sûdras eclipse all (the rest), if the kings did not visit their subjects with punishment (when they have committed an offence).
17. To show favour to the virtuous at all times and to oppress the wicked, that is declared to be the duty of kings; gain (results to them) from the oppression of their foes.
18. As fire is not polluted even though it always burns the creatures of this world, even so a king is not polluted by inflicting punishment on those who deserve it.
19. 19 Intelligence is the glory of rulers; it becomes
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manifest in their speeches; whatever sentence they may pass, whether unjust or just, settles the law between litigant parties.
20. (Law) personified as a king, roams on earth visibly, with a thousand eyes. Mortals cannot live at all if they transgress his commandments.
21. Whatever a king does is right, that is a settled rule; because the protection of the world is entrusted to him, and on account of his majesty and benignity towards living creatures.
22. As a husband though feeble must be constantly worshipped by his wives, in the same way a ruler though worthless must be (constantly) worshipped by his subjects.
23. In order that mortals, fearing the orders issued by kings, might not swerve from the path of duty, therefore royal orders are declared to arise from lawsuits.
24. 24 It is for the establishment of order that various laws (karitra) have been proclaimed by kings. A royal order is declared to overrule such laws even.
25. A ruler has purchased his subjects through (the practice of) austerities; therefore the king is their lord. For that reason, his bidding must be obeyed; their livelihood even depends on the king.
26. 26 Kings, endowed with immense power, appear (variously) in the five different forms of Agni, Indra, Soma, Yama, and the God of Riches.
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27. 27 When a ruler is, either justly or without (sufficient) reason, ardent in wrath and burns (or torments) his subjects, he is called Agni (the god of fire).
28. 28 When, relying on his regal power, the king attacks his foes, desirous of victory and upraising a weapon, he is termed Indra.
29. 29 When, free from ardent wrath, he appears before his subjects with a cheerful countenance, he is denoted Soma (the Moon).
30. 30 When the king having seated himself, full of majesty, on the throne of judgment, deals out punishment, equitable towards all creatures, he is called Vaivasvata (or Yama).
31. When a ruler gladdens with gifts petitioners, persons commanding respect, wise men, servants and others, he is called the God of Riches.
32. Therefore one must not treat him with contempt, and, particularly, not scold at him, and pay obedience to his bidding; to disobey him would bring on (instantaneous) death.
33. 33 His duties are, the protection of his subjects, honouring the aged and wise, the trial of lawsuits, and to make (each caste) abide by the duties assigned to it.
34. 34 Let a king be constantly intent on showing honour to the Brahmans. A field furnished with Brahmans is the root of the prosperity of the world.
35. 35 A Brahman may command respect, and a
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distinguished seat at the king's court. The king shall show his face in the morning before the Brahmans first of all, and shall salute them all.
36. 36 When nine or seven persons (of different rank) meet, they shall first make room for the Brahman to pass by. (Further privileges assigned to the Brahman caste are) free access to the houses of other people, for the purpose of begging alms,
37. 37 The right to collect fuel, flowers, water, and the like, without its being regarded as theft, and to converse with other men's wives, without being restrained (in such intercourse) by others,
38. 38 And the right to cross rivers without paying any fare, and to be conveyed (to the other bank) before other people. When engaged in trading and using a ferry-boat, they shall have to pay no toll.
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39. 39 A Brahman engaged in travelling, who is tired and has nothing to eat, commits no wrong by taking himself two canes of sugar or two esculent roots.
40. 40 (No gift must be accepted) from one accused of a crime, an outcast, an enemy, an atheist, one in distress, without necessity, or after inflicting pain on the giver.
41. (Gifts shall be accepted) from industrious people on account of their wealth, and from generous people because it is proper to accept gifts from such; to accept gifts from kings is laudable; (they may be accepted) from all people excepting Brahmans.
42. Between a Brahman and a king, who are both devoted to their duty, there is no difference of any sort, when they protect mankind (acting) in accordance with the sacred law.
43. If a ruler, though severe, is mindful of his duty, correct in his conduct, and (quick to) punish the wicked, in order to protect (the virtuous), his wealth is declared to be pure.
44. 44 When a man accepts a gift from a covetous king, who transgresses the precepts of the sacred books, he shall have to pass through the well-known twenty-one hells in succession.
45. 45 As pure and impure waters become alike on their junction in the ocean, even so (all) property acquired by a king (becomes pure in his hands).
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46. As gold, on being thrown into blazing fire, acquires purity, even so all gains become pure in the hands of kings.
47. When any man gives any property of his to Brahmans, the king must give his consent to it; this is an eternal law.
48. 48 Both the other customary receipts of a king and what is called the sixth of the produce of the soil, form the royal revenue, the reward (of a king) for the protection of his subjects.
49. Whatever has been bestowed on others than Brahmans may be resumed; but that which has been given to Brahmans can never be taken back again.
50. 50 To give, to read, and to sacrifice (on his own account) are the three duties of a Brahman. To sacrifice for others, to teach, and, thirdly, to collect alms are his (three) means of subsistence.
51. Let a Brahman be devoted to his duty and take a livelihood from the king, and let him not accept gifts from persons of vile origin, if he is anxious to observe the law.
52. How should a king be inferior to a deity, as it is through his word that an offender may become innocent, and an innocent man an offender in due course?
53. Those who being acquainted with the divine nature of a king, endowed with majestic dignity as he is, accept gifts from him, do not in the least disgrace themselves (by doing so).
54. In this world, there are eight sacred objects:
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a Brahman, a cow, fire, gold, clarified butter, the sun, the waters, and a king as the eighth.
55. These one must always look up to, worship and honour them personally, and turn the right side towards them, in order that one's existence may be prolonged.
Footnotes
214:1 XVIII, 1-4. The meagre contents of this title of law can hardly he said to be in keeping with the somewhat pompous announcement contained in paragraphs 1-4. On the whole, this title of Miscellanies, as defined by Nârada and Brihaspati, may be described as treating of public law or the law of kings (râgadharma), private law being treated in the seventeen other titles of law.
1. 'Obedience towards his injunctions,' thus according to the Mitâksharâ, p. 351. The Vîramitrodaya refers the term tatkarmakaranam to those who, from arrogance, do such acts as are permitted to a king only, such as e.g. placing themselves on the king's throne.
214:2 'Grants of towns,' i.e. to Brahmans and others. Nârada seems to be referring to the so-called Agrahâras. Regarding the seven constituent parts of a state, see Manu VII, 157; IX, 294. Naigama has been translated 'followers of the Veda,' because it comes immediately after pâshandi, 'heretics.' See, too, X, 1. It usually denotes citizens or traders.
215:5 'The four means' of conciliation, division, bribery, and force. Manu VIII, 41.
215:6 Yâgñavalkya I, 360. The Nepalese MS. offers a variation as regards the arrangement of paragraphs 6-11.
215:7 Manu VII, 16; VIII, 126; Yâgñavalkya I, 367; Vasishtha XIX, 8; Vishnu III, 37.
215:10 For 'the tools of artizans' the Nepalese MS., in common with the Mitâksharâ, has 'the beasts of burden and the like of carriers of goods.'
216:19 For 'intelligence' the Nepalese MS. has 'a royal edict.'
217:24 Karitra seems to mean 'law' or 'custom' in this place. Regarding the comparative authority of karitra and râgasâsana, 'a royal order,' see p. 7, note 11. The Nepalese MS. omits 23, 24.
217:26 Read rûpâni in the text.
218:33 Manu VII, 35, 38; VIII, 3, &c.
218:34 Manu VII, 82, 83; Yâgñavalkya I, 314.
219:36 That privilege of the Brahman caste, which is referred to in the first part of this paragraph, finds its explanation in a well-known rule of the Dharmasâstra regarding persons for whom way must be made, on meeting them in a road. Thus it is ruled by Gautama (VI, 24) that way must be made for a man seated in a carriage, for one who is in his tenth (decade), for one requiring consideration, for a woman, for a Snâtaka, and for a king; but that a king himself must make way for a Srotriya (learned Brahman). This makes in all seven persons for whom way should be made. Manu (II, 138), Yâgñavalkya (I, 117), Baudhâyana (II, 6, 30), and Vishnu (LXIII. 51) agree in enumerating eight persons of this sort. Vasishtha (XIV, 57-60) mentions nine. See, too, Âpastamba II, 5, 11, 5-7.
219:37 Manu VIII, 339; Âpastamba I, 10, 28, 3; Gautama XII, 28; Yâgñavalkya II, 166.
219:38 Manu VIII, 407; Vishnu V, 132. The last clause is thus given in the Nepalese MS.: 'They shall have to pay no toll on being carried across a river in a ferry, unless (they should cross it) for trading purposes.'
220:39 Gautama XII, 49, 50; Manu VIII, 341. Or 'five esculent roots,' according to the Nepalese MS.
220:44 For a list of the twenty-one hells, see Manu IV, 88-90; Vishnu XLIII, 1-22. The Nepalese MS. omits this paragraph.
220:45 A different opinion has been enounced above, XV, 14.
221:48 Manu VII, 130-132; Gautama X, 24-27; Vasishtha XIX, 26, 27; Âpastamba II, 10, 26, 9; Vishnu III, 22-25; Baudhâyana I, 10, 18, 1.
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