Reading section 3

FOOTNOTES:

[Footnote 6: See his paper _Zur Geschichte der Indischen Gesetzbucher_ (Contributions to the history of the Indian law-books) in Weber's _Indische Studien_, vol. I, pp. 232 to 246.]

[Footnote 7: Yajnavalkya, ch. I, sl. 3 to 5.]

[Footnote 8: We have followed Mr. Elphinstone (Hist. ch. 1) in the orthography of this word: it is from the Portuguese _casta_, breed, race.]

[Footnote 9: See Lassen's _Indische Alterthumskunde_, vol. II, p. 510.]

SELECTED SLOKAS OF THE FIRST BOOK.

RITUAL AND MORAL CONDUCT.[10]

1. The Munis[11] after adoration to Yajnavalkya, lord of Yogis,[12] thus addressed him:

Reveal to us the several duties of the casts, of the orders,[13] and of the others![14]

2. The prince of the Yogis, who then abode in Mithila, meditating for a moment, said to the Munis: Hearken to the rules of duty in the country of the black antelope![15]

3. There are fourteen repositories[16] of the sciences and of law; the four Vedas together with the Puranas, the Nyaya, the Mimansa, the Dharma Sastras, and the six Angas.[17]

4. Manu, Atri, Vishnu, Harita, Yajnavalkya, Usanas, Angiras, Yama, Apastamba, Sanvarta, Katyayana, Brihaspati,

5. Parasara, Vyasa, Sankha, Likhita, Daksha, Gautama, Satatapa, and Vasishtha,[18] are they who have promulgated Dharma Sastras.

6. When a gift is made, in due season, place and manner, in good faith and to a fit person--all this gives the idea of Law.

7. The Sruti, the Smriti,[19] the practice of good men, what seems good to one's self,[20] and a desire maturely considered--these are declared to be the root[21] of Law.

9. Four learned in the Vedas and in the Law form a Court, or Traividya.[22] Whatever is declared by this [Court], or by a single person who has, in an eminent degree, knowledge of the soul in its relations[23]--the same should be [held as] Law.

10. Brahmans, Kshattriyas, Vaisyas and Sudras are the casts: of them the three first are twice-born; all their rites, commencing with the procreative rites, and ending with those [which are gone through] where the corpse is disposed of,[24] are with Mantras.[25]

14. In the eighth year from conception, or in the eighth [of birth],[26] the investiture[27] of the Brahman [takes place]; of Rajas[28] in the eleventh; of Vaisyas in the twelfth: some [have said, this varies] in accordance with [the usage of] the family.

39. Brahmans, Kshattriyas, and Vaisyas are born, first, of their mothers, and, a second time, by the girding on of the sacred thread--therefore are they declared to be twice-born.

116. [Men] are to be honoured in the gradation following,--in respect of learning, conduct, years, family, property. Even a Sudra, if he excel in these respects, is in old age worthy of honour.

326. The monarch, at his rising [from the night's repose], having seen to the [general] safety, shall himself inspect the [account of] revenue and disbursements; he shall then adjudicate law-suits; after which, having bathed,[29] he may, at his pleasure, take his meal.[30]

342. Of a newly subjugated territory, the monarch shall preserve the social and religious usages, also the judicial system and the state of classes as they already obtain.[31]

352. A ruler, a minister, people, a stronghold, treasure, [power of] punishment, and allies--because these are its elements, a realm is called seven-limbed.

353. When possessed of this, let a monarch cause punishment to fall on the guilty; for, of old, justice was created by Brahma under the form of punishment.[32]

357. A brother even, or a son, any one to whom respect is due, a father-in-law or maternal uncle, if he transgress, is not to go unpunished by the monarch.

358. The monarch who punishes such as deserve punishment, who slays such as deserve death: he is as one who has made many sacrifices with valuable offerings.[33]

359. Every day should the monarch, pondering on his reward (such as sacrifices gain), himself investigate law-suits in their order with the judges around him.

360. The monarch, always duly correcting [those among] the casts, the mixed classes, the guilds, the schools[34] [of the learned], and the people [in general], who have deviated from their duty, should set them in the [right] path.

361. A particle of dust in the sunbeams, as they shine through a window, is held to consist of three atoms; eight of those [particles] are equal to a poppy seed, of which three are equal to a black mustard seed;

362. Three of these to a white mustard seed, three of these to a barley seed of middle size, three of these to a Krishnala berry,[35] five of these to a Masha,[36] sixteen of these to a Suvarna.[37]

363. A Pala is four or five[38] Suvarnas. Two Krishnalas are a silver Masha; sixteen of the latter, a Dharana.

364. A Satamana and a Pala are each equal to ten Dharanas: a Nishka is four Suvarnas: a copper Pana is of the weight of a Karsha.[39]

365. One thousand and eighty Panas is declared the highest fine; half of that amount the medium fine; and half of this the lowest fine.

366. Reproof, words of ignominy, fine, and death,[40] shall be administered, singly or together, according to the crime.[41]

367. [The monarch] having informed himself of the crime, the place where, and the time when [committed], the strength [of the criminal, his] age, calling, and means, shall cause punishment to fall upon the guilty.[42]

[Inverted "therefore" symbol] The foregoing extracts, it will have been observed, are of general application, and do not refer to any part of the law in detail. Several slokas in the first book, however, and some in the third, do refer to and affect the details of law, which are the proper subject of the second book, where therefore they are inserted, according to their subject.

FOOTNOTES:

[Footnote 10: This is the general subject and title of the first book; but the following slokas are selected as introductory of and with reference to civil and municipal law.]

[Footnote 11: Pre-eminent, divine sages; probably the great Rishis, the first-created of Brahma, mentioned in the opening verse of Manu.

In the third book (sl. 186--189) two classes of Munis are described, of whom one, after blessed experience of Heaven, return to Earth, and the other are to continue in the abodes of bliss until the destruction of the universe. These latter are the publishers of the Vedas, Upanishads, Sutras, Puranas, in fine of all records of knowledge through the medium of language.]

[Footnote 12: These (according to Hindu notions) have withdrawn their senses from external things by, as it were, mental concentration, fixing the thoughts, without change or wavering, upon the soul in its relations with the Supreme Being.]

[Footnote 13: _viz._--the _brahmachari_, the student of the Vedas,

the _grihastha_, the head of a family.

the _vanaprastha_, who has retired from active life, to the forest.

the _sanyasi_, whose duty it is to pass his time in meditating upon Brahma, so as to attain to the state of a Yogi.]

[Footnote 14: _i. e._ the mixed casts. (_M._)]

[Footnote 15: Manu, ch. 2, sl. 23.]

[Footnote 16: The Commentator explains this by a word which signifies cause or source.]

[Footnote 17: IV. _Vedas_, of which there are four, each being divided into _sanhita_ and _brahmana._

V. _Puranas_, these (of which there are 18) treat of the origin and destruction of the world, mythological stories and genealogies, and the doings of the early Hindu monarchs.

VI. _Nyaya_, one of the six orthodox systems of Hindu philosophy, treating especially of logic and dialectics.

VII. _Mimansa_, there are two Mimansas: the first (_purva_) treats of the rules of duty, as derived from the Vedas, the second or subsequent (_uttara_) treats of Brahma, the universal cause and soul.

VIII. _Dharma Sastras_, _viz._ Manu, Yajnavalkya, &c., the subject being divided into, 1. Ritual and moral conduct (_achara_); 2. Law and judicature (_vyavahara_); 3. Expiations (_prayaschitta_).

XIV. _Angas_, six treatises, _viz._, pronunciation, grammar, prosody, explanation of obscure terms, religious rites, astronomy. These are considered appendants of the Vedas. The word _angas_ signifies, limbs.]

[Footnote 18: To these twenty many others have to be added, Narada, &c.: see Introduction.]

[Footnote 19: Sruti are the Vedas; Smriti, the Dharma Sastras: such is the definition of Manu, ch. 2, sl. 10.]

[Footnote 20: The Commentator qualifies this indefinite source of law, as applicable only where two or more lawful alternatives are presented.]

[Footnote 21: Further explained by the Commentator, the evidence or proofs of law; and he adds, the several proofs mentioned, where they clash, are of weight and authority according to their precedence, _e.g._ Sruti the highest, the mature desire the lowest, Manu, ch. 2, sl. 6, 12.]

[Footnote 22: Which means, having knowledge of the three Vedas. See Manu, ch. 12, sl. 110 to 113.]

[Footnote 23: To explain or enlarge upon this metaphysical phrase would be out of place in the present work. The curious student can refer to the Upanishads and the Vedanta.]