CORNELL 
 
 UNIVEMITY 
 
 LIBRARY 
 
3^1924 092 900 772 
 
The original of tliis book is in 
 tine Cornell University Library. 
 
 There are no known copyright restrictions in 
 the United States on the use of the text. 
 
 http://www.archive.org/details/cu31924092900772 
 
THE 
 
 WORKS 
 
 OP 
 
 SIR WILLIAM JONES. 
 
 WITH 
 
 THE LIFE OF THE AUTHOR, 
 
 ' 
 
 LORD TEIGNMOUTH. 
 
 IN THIRTEEN VOLUMES. 
 
 VOLUME V. 
 
 PRINTED FOR JOHN STOCKDALE^ PICCADILtTf ~ 
 AND JOHN WALKEK, FATERNOSTEA-KOW. 
 
 I8O7. 
 
Printed by T. DAVISON, 
 
 WbiUfciars. 
 
coNTEisrrs 
 
 TO 
 
 THE SEVENTH VOLUME, 
 
 TAGE 
 Charge to the Grand Jury, at Calcutta, December 
 
 4, 1783 - - - ■ 1 
 
 Charge to the Grand Jury, at Calcutta, June 10, 1785 8 
 
 Charge to the Grand Jury, at Calcutta, June 10, 1787 22 
 
 Charge to the Grand Jury, at Calcutta, December 4, \ 
 
 1788 - - - 32 
 
 Charge to the Grand Jury, at Calcutta, June 10, 1790 47 
 
 Charge to the Grand Jury, at Calcutta, June 9, 1792 65 
 
 INSTITUTES OF HINDU LAW-, OR, THE ORDI- 
 NANCES OF MENU, ACCORDING TO THE 
 GLOSS OF CALLU'CA. 
 
 The Preface . - ' ' - "75 
 Chap. I. — On the Creation; with a Summary of the 
 
 Contents - - - 93 
 
 Chap. IL-^-On Education; or, on the First Order 111 
 
 Chap. IIL-^On Marriage ; or, on the Second Order 153 
 
 Chap. rv. — On Economicks, and Private Morals 202 
 
 Chap. V,---QiiDiet, PurijScation, and Women 2ii5 
 
CONTENTS. 
 
 FACE 
 
 Ch-af, VL — On Devotion; or, on the Third and 
 
 Fourth Orders. - - - 27* 
 
 Csffp. Vn.— On Government j or, on the Military 
 
 Class _ , _ - 292 
 
 Ca&S'. YUl.- — On Judicature; and on Law, Private 
 
 and Criminai - - - 331 . 
 
CHARGE 
 
 GRAND JURY, 
 
 AT CALCUTTA. DECEMBER 4, HSS. 
 
 GENTLEMEN OF THE GRAND JURY, 
 
 It might perhaps be fufficient, if my addrefs 
 to you this day were confined to fom'e fhdrt 
 remarks on thofe offences, of which the pri- 
 foners named in the calendar are accufed ; but 
 fuch is the particularity of my own fituation, 
 that I cannot help feeling an inclination to take 
 a wider range. Six years have elapfed, fince 
 the feat, which I have now the honour to fill, 
 became vacant ; and, in that interval, fo many 
 Important events have happened in India, and 
 fo many interefting debates have been held in 
 the parliament of Britain^ on the powers and 
 objects of this judicature, that I may naturally be 
 ' expefted to touch at leaft, though riot to enlarge, 
 
 VOL. V. ' B 
 
2 CHARGE TO THE GRAND JURY: 
 
 on thofe events, all of which I have attentively 
 confidered, and, on the refult of thofe debates, 
 at moft of which I was prefent. Such expedta-- 
 lions, if fuch have been. formed, I fhould be very 
 loth to difappoint ; and, as I fhall exprcfs my 
 fentiments without referve, you will hear them, 
 I am confident, with perfect caadour. 
 
 None of you, I hope, will fufped me of po- 
 litical zeal for any fet of mlnifters in England, 
 with which vice my mind has never been in- 
 feded; nor of political attachments here, which 
 in my ftation it will ever behove me to difclaim, 
 if, in the character of a magiftr;ate appointed to 
 preferve the public tranquillity,! congratulateyou, 
 who are aflembled to inquire into all violations 
 of it, on the happy profpeiS; of a general peace 
 in every part of the world, with which our 
 country is connected. The certain fruits of this 
 pacification will be the revival and extenfion of 
 commerce in all the depemdencies of Britain^ the 
 improvement of agriculture and manufafitures, 
 the encouragement of induftry and civil virtues, 
 by which her revenues will be reftored, and her 
 «avy ftrengthened, her fubje{3:s enriched and her- 
 felf exalted : but it is to India^ that fh© looks for 
 the moft fplendid as well as nxoft fubftantial of 
 thofe advantages ; nor can fhe be difappointed^ 
 a? long as the fupreme executive and> jud'icijil 
 
CHARGE TO THE GRAND JURY. S 
 
 powers fhall concur in promoting the publick 
 good, without danger of collifion or diminution 
 of each other's dignity ; without impediment, on 
 the one fide, to the operations of government, 
 or, on the other, to the due adminiftratioh of 
 juftice. 
 
 The inlftitution, gentlemen, of this court ap- 
 pears to have been mifapprehended : it was not, 
 I firmly believe, intended as a cenfure on any 
 individuals, who exift, or have exifted. Legif-J 
 lative provifions have not the individual fot 
 their objedt, but the fpecies -, and are not made 
 for the convenience of the day, but for the regu- 
 lation of ages. Whatever were the reafons for 
 its firft eftablifliment, of which I may not be fo 
 peifedlly apprized, I will venture to affure you, 
 that it has been continued for one obvious reafon; 
 that an extenfive dominion, without a complete 
 and independerrt judicature, would be a pheno- 
 menon, of which the hiiftory of the world affords 
 no example. Juftice muft be adminiftered with 
 effeft, or fociety cannot long fubfift. It is a 
 truth coeval with human nature, and not peculiar 
 to any age or country, that power in the hands 
 of men will fometimes be abufed, and ought al- 
 ways, ifpoffible, to be reftrained; but the reftric- 
 tions of general laws imply no particular blame. 
 How many precautions have from time to time 
 teen uied to render judges and jurors impartial, 
 
 B 2 
 
4 CHARGE TO 'THE GRAND JURY. 
 
 and to. plaee them above dependence ! Yet none 
 of us conceive ourfelves difgraced by fuch pret- 
 cautions. The -obje£t then of the court, thus 
 continued with ample pow^ers, though wifely 
 circunifcribed in its jurifdidtion, is plainly this t 
 that, in every age, the Britijh fubj eft's fefident 
 in India be protected, yet governed, by Britijb 
 laws ;, and that the natives of thefe important' 
 provinces be indulged in their ov/n prejudices, 
 civil and , religious, and fufFered to enjoy their 
 own :cuftoms unmolefted ; and why thofe great 
 ends may not now be attained, confiftently with 
 the regular coUeition of the revenues and the 
 fupremacy. of the executive government, I con- 
 fefs my felf unable to difcover. 
 
 Another thing has been, if not greatly mifcbn- 
 .ceived, at leaft very imperfectly underftood ; and 
 no wonder, fince it requires fome profefTional 
 habits to, comprehend it fully : I mean the true 
 character and office of judges appointed to ad- 
 minifler thofe laws. The ufe of law, as a fci- 
 ence, is to prevent mere difcretionary power 
 under the coloiir of equity ; and it is the duty 
 of a judge to pronounce his decifions, not fimply 
 according to his own opinion of juftice and right, 
 ..but according to prefcribed rules. It muft be 
 hoped, that his own reafon generally approves 
 thofe rules ; but it is the judgement of the law, 
 not h:s own, which he delivers. Were judges 
 
CHARGE TO THE GRAND JURY. S 
 
 to decide by their bare opinions of right and 
 wrong, opinions always unknown, often capri- 
 cious, fometimes improperly biafled, to what an 
 arbitrary tribunal would men be fubje6l ! , In how 
 dreadful a ftate of flavery Would they live ! Let 
 us be fatisfied, gentlemen, with law, which all, 
 who pleafe, may underftand, and ;not call for 
 equity in its popular fenfe, which diflfers in dif- 
 ferent men, and muft at beft be dark and un- 
 certain. 
 
 The end of crimijial lawj_ a moft important 
 branch of the great juridical fyftem, is to pre- 
 vent crimes by punifhment, fo that the pain of 
 it, as a fine writer exprefles himfelf, may be in- 
 flifted on a few, but the dread of it extended to 
 all. In the adminiftration of penal juftice, a 
 fevere burden is removed from our minds by 
 the affiftance of juries ; and it is my ardent 
 wifli, that the cOurt had the fame relief in civil, 
 efpecially commercial, caufes; for the deciflon of 
 which there cannot be a nobler tribunal than a 
 jury of experienced men affifted by the learn- 
 ing of a judge. Thefe are my fentiments ; 
 and I exprefs them, not becaufe they may be 
 popular, but becaufe I fincerely entertain them ; 
 for I alpire to no popularity, and feek no praife, 
 but that which may be given to a ftrift and con- 
 fdentious difphargeof duty, without predilection 
 
S CHARGE T0 THE GRAND JURY. 
 
 or prejudice of any kind, and with a fixed refo^ 
 lution to pronounce on all occafions what I con- 
 eeive to be the law, than which no individual 
 muft fuppofe himfelf wifer. 
 
 Vhe mention of my duty, gentlemen, leads 
 me naturally to the particular fubjed of my 
 charge, from which I have not> I hope, unrea- 
 fonably deviated: but you are too well ap- 
 prized of your duty to need very particular iji- 
 ftrudlons; and happily no higher offences 
 (except one larceny) appear in the calendar 
 than fome criminal frauds and a few affaults : 
 one of them, indeed^ is ftated as very atrocious, 
 and, if you confider that, the frequency of fmall 
 crimes becomes a ferious evil in fociety, you 
 will not think the more trivial compJaiuts un- 
 worthy of your attention. Redrefs of wrongs 
 muft be given, or it will be taken ; and the law 
 wifely forbids tl^e. ilighteft attack upon the per- 
 fon of a fubjeA, left far worfe mifchief fhould 
 enfue from the fuddea ebullition of rage, or 
 the flower, but more dangerous, operation of 
 revenge. 
 
 Your powers, however, iire not limited . to 
 this calendar, or even to the bill^ which may 
 be preferred ; for, whatever elfe fhall come to 
 your knowledge, it will be your part to prefent, 
 and ours to hear attentively : thus^ by a cordial 
 
Missing Page 
 
CHARGE 
 
 TO THE 
 
 GRAND JUR r, 
 
 AT CALCUTTA, JUNE 10, 1785, 
 
 GENTLEMEN, 
 
 When I firft addrefled a Grand Jury of Cal^ 
 cutta, too foon after my arrival in this country 
 for any diftin£t idea to be formed of all its inha- 
 bitants, the fmall number of prifoners, which, to 
 my infinite joy, appeared in the calendar, gave 
 me an opportunity of fpeaking at large on the 
 inftitution of this court, and the principles of 
 criminal juftice. It is my turn to addrefs you 
 at the opening of the prefent feflion ; but I have 
 not, unfortunately, the fame reafon to rejoice, 
 nor the fame excufe for expatiating on general 
 topicks : I may, neverthelefs, without the impro- 
 priety of detaining you too long, touch on one 
 or two fubjedts, which I have much at heart, and 
 on which I cannot but flatter myfelf with a 
 hope of your concurrence. 
 
Missing Page 
 
10 CHARGE TO THE GRAND JURY. 
 
 fetal blow in a fuddera burft of paifEon, after 
 violent provocation, with a weapon not likely 
 to kill ; of murder, if be bad full time for deli- 
 beration and coolnefs of blood ; an<i that, whe- 
 ther he intended to deftroy life, or only to chaf- 
 tife immoderately ; fot the true fenfe of malice', 
 to conftitute this, horrible crime, is Malignity 
 af heart,, or aidifpojition^ to do mif chief, which 
 may be afcertained by comparing the fault with 
 the correction ; and the age and condition of 
 the perfon ftricken, with the force of theftriko', 
 and the danger of the inftrument ufed by him. 
 It is hardly needful to remark, that, in fuch 
 cafes, a fervant and a f:ave„ if fuch a relation be 
 known to our modern law, ftand precifeLy on 
 the fame ground ; as a lord, in feudal times, 
 might indifputably have' been convicted of mur-- 
 der for killing his^^ villain or hia neife. 
 
 In the prefent cafe, you will hear the wlt- 
 nefEesi on one fide only ; and it is recommended 
 by great lawyers, left enormous crimes- fhould be 
 fnmthered without a trial, that Girand Juries 
 find fuch bills, as their confcienees oblige then* 
 to find at all, for the higheft degree in the fealey 
 that the evidence fairly fupportsi leaving it to 
 the Petty Jury, under the direction of the Coiiirt, 
 in queftions of law>, either to hold the prifoner 
 guiltlefs^ or to afcertain the preeife meafureof his 
 guilt by their verdii^j but jom are not abfolutely 
 
CHARGE TO THE GRAND JURY. 11 
 
 hoiHid to fbllow this pira<Bke ; you are bound txi 
 fitid, the whole truth, as iieacly as you can ; aad 
 i£ the evidence amount not, in your confcien- 
 tious opinion, to murder, you may rejedt ife 
 bill for that crime, and find another for maa- 
 ilaughter ; nor ought it ever to be forgotten, 
 that the great rule which all. fliould obferws, 
 from the petty juryman to the prince, i§, to look 
 on the cringe and example with the eye of fe^ 
 verity, but on the criminal, as far as. poiEble, 
 with thie eye of compai0ion! ; fince it is the 
 extremity of evil, fays lord Bacon, " Whea 
 m€5cy has no commerce wilhi milery :" yet 
 it muft be; added, that marcy is dute to the 
 puiblick alfo, who may be gceat fuffeisTs,' 
 if crimes a^ually committed efcapej unpun- 
 iflied. 
 
 Another; cafe. Gentlemen, calls fcryourfe- 
 
 rious attention : a forgary has been eoflimiited', 
 either by the perfonaccufed before me, or by 
 h^ accufer ; which involves, not only the com- 
 mon guilt of that crime, an intent to defraud' 
 another^ but alfo a defign to affeSi his perjonaf 
 fights vft the highefl degree, and to abufe the 
 procefs of this court by rendering it fubfervient 
 to the purpofe of imprifoning a nian, who ftopd 
 in the way of others ; and this attempt was to? 
 be forwarded by the bafeft fubornation of per- 
 jury : it i& a conteift between two brothers for 
 a large eftate J both the accufed and his aceufer 
 
12 CHARGE TO THE GRANC JURT. 
 
 are BvMmans o£ fome rank, and have been ac- 
 tive in oppofite interefts ; the low wretches, who 
 forged the bond, have confefled their adt, which 
 was done, .they fay, at the inftigation of the ac- 
 cxStdi. Brahman; who denies' any knowledge of 
 their perfons, and infifts that his enemy mull 
 have engaged them to ruin him. Your fagacity 
 may enable you to difcover the truth ; but even 
 ia this cafe,-you muft temper juftice with lenity, • 
 nor fufier yourfelves to be influenced by the' 
 odioufhefs of the offence i and in all cafes of 
 Jorgery^ permit me to recommend indidlments 
 for the mifdemefnor only ; fince very ftrong ar- 
 guments have been ufed, both at home and here, 
 to prove that the rigour of our ' modern law in 
 punifhingjthat. crime with death, cannot be le- 
 gally extended to thefe provinces. I give no 
 decided opinion yet on that point, riOr on an- 
 other, which may be ftarted, whether, if the 
 crime un4er confideration be a capital felony in 
 India, an indidiment will alfo lie as at common 
 law, fince it has been held, that a felony merges- or 
 abforbs a mifdemefnor i but I am prepared to de- 
 liver my fentiments, and will deliver them fully, 
 at a proper tiitie. 
 
 I turn from thefe cafes, with full confidence" 
 both in your juftice and your benevolence, to 
 a fubjedt which has greatly moved me, and on 
 which the Grand Jury laft fiimmer prefented a 
 ftrong addrefs to the Court : I mean the.-condji-; 
 
Missing Page 
 
I* CHARGE TO THE GRAND JURY. 
 
 ■vince to fee that afflidion be ftot added ta afflic- 
 tion, and that prifaners -be not harafled by exor- 
 Mtamt demands : I would not intimate that any 
 fiich are made by the prefent keeper of the j-ait, 
 of whom I know no harm, and have heard a 
 favourable charadter;; but following the fpirit of 
 z benevolent ftatute, now, I believe, expired, I 
 eameftly exhort you to inquire, whether any 
 klsd of extortion has been coinmitted, or any 
 fees exa£ked beyond the moderate provifion of 
 th«Iawi that, if fueh" enormity hath been prac- 
 tiJEed, under the pretence of cvjlom, the authors 
 of it may be punifhed, and the fufFerers by it 
 relieved. 
 
 "There is another fulgedi which has made at 
 deep impreflion on my mind, and you will, I 
 truft, accompany, if not anticipate, my remarks 
 on it : I mean the mifery of domejiick bondage^ 
 always afflifiing enough in itfelf, and in this 
 town often aggravated by the cruelty of mafters. 
 Permit me here to requeft, that you will not con- 
 fider my obfervations on this head as relating to 
 the death of the girl, for which OJborne is impri- 
 soned ; but his adt, whatever may be the guilt 
 of it, muft not preclude me from difcourfing on 
 otheir a61s of the fame nature, the confequences 
 of which have not been fo dreadful. It is need- 
 lefs to expatiate on the law (if it be law) of pri- 
 yate flavery ; but I make no fcruple to declare 
 my own opinion, that abfolute unconditional 
 
CHARGE TO THE GRAND JURY. IS 
 
 Jlsvery^ by which one human creature becomes 
 the property of another, like a horfe or an ox, 
 is happily unknown to the laws of England, and 
 that no human law could give it a juft fancSionr 
 yet, though I hat€ the word, the continuance of 
 it, properly explained, can produce little mif- 
 chief. J confider ilaves z&fa"oants under a con- 
 troB^ exprefs or implied, and made either by 
 themfelv-es, or by fuch perfons, as are author- 
 ized by nature or law, to contract for them, until 
 they attain a due age to cancel or confirm any 
 compafl: that may be difadvautageous to them : 
 I have flaves^ whom I refcued from death or 
 mifery, but confider them as cf^tx fervanfs, and 
 ihall certainly tell them fo, when they are old 
 enough to comprehend the difference of the 
 terms. Slaves, then, if fo we muft call them, 
 ought not to be treated more feverely than fer- 
 vants by the year or by the month; and the 
 £orre(Stion of them ihould ever be proportioned 
 to their offence : that it fhould never be wanton 
 or unjuft, all muft agree. Ncvetthelefs, I am 
 affured, from evidence, which, though not al^ 
 judicially taken, has the ftrongeft operation oti 
 my belief, that the condition of Haves within 
 our jurildidion is beyond imagination deplor- 
 able ; and that cruelties are daily praftifed on 
 them, chiefly on thofe of the tendereft age and 
 the weaker fex, which, if it would not give me 
 
1^ CHARGE TO THE. GRAND JURY. 
 
 pain to repeat, aji^ you to hear, yet, for the ho- 
 nour of human nature, I fhould -forbear to par- 
 ticularize : if I except the Englijh from this 
 jcenfure, it is not through partial affection to my 
 own countrymen, but becaufe my information 
 ielate§ chiefly to people of other na:tion5, who 
 likewife call themfdves Chriflians. Hai:dly a 
 pian ov a woman exifts in a corner of this popu- 
 lous town, who hath not at leaft one flave child, 
 dither purcbafed at a trifling price, or faved per- 
 liaps frQm a de«*h, that might have been for- 
 tunate,. for a life, that feldom fails of being 
 miCerable : many of you, I prefume, have feen 
 large boats filled with fuch children coming 
 down the river for open fale at Calcutta ; nor 
 <can you be ignorant, that moft of them were 
 ilcjlen from their parents, or bought, perhaps, 
 for a meafure of rice in a time of fcarcity, and 
 that the fale itfelf is a defiance of this govern- 
 ment, by violating one of its poiitive orders, 
 which was made fome years ago, after a con- 
 fultation of the. moft reputable Hindus in Cal- 
 cutta, who condemned fuch a traffic, as repugnant 
 to their Sdjira. The number of fmall hoiifes in 
 which thefe vi^fiims are /pent, makes it, indeed, 
 very difficult for the fettlement at large to be 
 apprized of their condition ; and if the fufferers 
 knew where or how to complain, their very 
 complaints may expofe them to ftill harfl^^ 
 
CHARGE TO THE GRAND JURY. 17 
 
 treatment ; to be tortured, if remanded, or, if 
 fet at liberty, to ftarve. Be not, "however, dif- 
 couraged by the difficulty of your inquiries: 
 your vigilance cannot but furmbunt it ; aind 
 one great example of a juft punifhnient, not ca- 
 pital, will conduce more to the prevention of 
 fimilar crueltieSj than the ftrongeft admonition 
 or fevereft verbal reproof. Should the flave- 
 holders, through hardnefs of heart or confi- 
 dence in their places of concealment, perfift in 
 , their crimes, you will convince them, that their 
 punifhment will certainly follow their offence, 
 and the moft hardened of them will, no doubt, 
 difcontinue the conteft. Here, again, I may 
 fafely promife you, that, whatever the Court 
 can do in terminating. this evil, will cheerfully 
 be done ; and if our concurrent labour fhould 
 yet be found ineffedual, I confidently perfuade. 
 myfelf, that fuch regulations of government 
 will be adopted on our recommendation, as can- 
 not fail of infuring future protection to the 
 injured, fupport to the weak, and fome con- 
 folation at leaft to the wretched : but I once 
 more adjure you to difmifs thefe obfervations 
 from your mind, when you deliberate on the 
 cafe of homicide, to confider them as pointed 
 folely at ads of cruelty, which make life 
 miferable without caufing the lofs of it, and to 
 find fuch bills as you cannot avoid finding, ac- 
 VOL. V. c 
 
18 CHARGE TO THE GRAND JURY. 
 
 cording to the whole evidence before you, and 
 to your opinion, after, our diredions, of the law 
 refultlilg from it. 
 
 The laft offence which I fhall mention to you 
 is fo general^ that it may affe£t every part of our 
 ptoceedings in this Court, and fo atrocious, that 
 human nature, in which a fenfe of religion feems 
 inherent, ftarts at the name of it ; I mean the 
 wilful violation offolemn oaths^ without the fanc- 
 tion of which, neither our fame, our properties > 
 our freedom, or our lives can be long fecure. 
 Neverthelefs, I have many reafons to believe, 
 and none to doubt, that affidavits of every ima- 
 ginable faitvmay as eafily be procured in the 
 ftreets and markets of Calcutta, efpecially from 
 the na,tives, as any other article of traffick. I 
 need not exhort you in general to prefent per- 
 jured witneffes, and their fuborners of every 
 clafs or perfuafion, but will detain you a few 
 moments longer with a remark or two on fuch 
 inhabitants of thefe provinces, as profefs a belief 
 in God, and in Mohammed^ whom they call his 
 prophet. All the learned lawyers of his reli- 
 gion, with whom I have converfed in different 
 parts' of India, have affured me with one voice, 
 that an oath by a Mujliman is not held binding 
 on his confcience, unlefs it be taken in the exprefs 
 name of the AlMghty, and that even then it is 
 incomplete, unlefs the witnefs, after having 
 
Missing Page 
 
^ CHARGE TO THE GRAND JURY. 
 
 water of the Ganges, -which, their Sdjlras either do 
 not mention at all, or confine to petty caufes. It 
 is ordained in the book of Menu, thata witnefs 
 fliall turn his face to the eaft or to the north ; 
 and, as this rule^ whatever may have given rife 
 to it, is very ancient, a revival of it may have 
 no inconfiderable efFe6l : according to the fame 
 legiflator, ' a Brahman muft be fworn by his 
 ' credit, a CJhatri by his arms, a Vaifya by his 
 
 * grain, cattle and gold, and a Sudra by every 
 ' crime that can be committed ;' but the brevity 
 of this text has made it obfcure, and open to 
 different interpretations. The fubjedt is, there- 
 fore, difficult for want of accurate information, 
 which, it is hoped, may in due time be pro- 
 cured, and made as publick as poffible. In 
 general I obferve, that the Hindu writers 
 have exalted ideas of criminal juflice, and, 
 in their figurative ftyle, introduce the per- 
 fon of Punijhment with great fublimity : * Pun- 
 
 * ifhment,' fay they, ' with a black com- 
 *-plexion and a red eye, infpires terror, but 
 
 * alarms the guilty only ; Punifhment guards 
 
 * thofe who fleep, nourifhes the people, fecures 
 
 * the flate from calamity, and produces the hap- 
 
 * pieft confequences in a country, where it is 
 
 * juflly inflidled -, where unjuflly, the magiftrate 
 ' cannot efcape cenfure,nor the nation, adverfity.' 
 
 Be it our care, Gentlemen, to avoid by all 
 
CHARGE TO THE GRAND JURY. 21 
 
 means the flighteft Imputation of injuftice among 
 thofe, whom it is the lot of Efitain to rule ; and, 
 by giving them perfonal fecurity, with every 
 reafonable indulgence to their harmlefs pre- 
 judices, to conciliate their afFedtion, while we 
 promote their induftry, fo as to render our do- 
 mion over them a national benefit : and may our 
 beloved country in all its dependencies enjoy the 
 greateft ofoational bleffings,^W laws duly ad-^. 
 minijiered in fettled peace / for neiither can the 
 beft laws avail without a due adminiftration of 
 them, nor could they be di^enfed with eifedt, 
 if the fears and paffions of men were engaged 
 by the viciflitudes of war, or the agitation of 
 civil difcontents. 
 
CHARGE 
 
 Vi^ 
 
 T6 TH^ 
 
 GRAND JURY, 
 
 AT CALCUTTA, JUNE 10, lf87. 
 
 GENTLEMEN OF THE GRAND JURY, 
 
 1 SHOULD exceed the bounds of my duty, 
 and detain you ,too long from the difcharge of 
 yours, if I were to expatiate on the great va^ 
 riety of bufinefs, in which your diligent ex- 
 ertions at the prefent fefEon may be highly 
 beneficial to the fettlement; and, indeed, whilft I 
 hold in my hand this terrible catalogue of griev- 
 ous offences, which mull come under your confi- 
 deration, I have ample rnaterials for my addrefs 
 to you, without enlarging on fuch cafes, as may 
 probably be brought before you, but have not 
 yet been made the fubjedt of complaint before a 
 magiftrate. 
 
 The firft crime, which appears in the calen- 
 dar, and of which three perfons are now accufed, 
 (the fame number having been indiifted laft ki" 
 
CHARGE TO THE GRAND JURY. 23 
 
 fiori) is the moft atrocious, that man, as a ra- 
 tional creature and a member of civil fociety, 
 can commit, Murder; but I will fpare your feel- 
 ings as well as my own the pain of dwelling 
 on one of the cafes, which you will hear btit 
 too foon; a cafe, fo horrible, that, if it be true, 
 fcarce any punifliment of the offender would be 
 too fevere, and, if falfe, the perjured accufers 
 deferve.the.utmoft fe verity of our law; which, in 
 regard tp perjuries affedting life, is, in my opi- 
 nion, too lenient. Another foul murder has been 
 committed near Patna, with every aggravation 
 of the crime both in the motive and the manner 
 of it : but there is no direSl evidence againft the 
 fuppofed murderer. The woman, who will repeat 
 her fad ftory to you, actually faw her huiband, 
 a native peafant, ftabbed by one foldier, while 
 two held him ; (and how highly it imports the 
 honour of our government, that the natives be 
 protedled from the outrages «f bur foldiery, muft 
 be obvious to all) but the night was too dark for 
 her to diftinguifh their faces. Circumftances 
 only have induced a fufpicion, that LA COSSE 
 was the perpetrator of the crime; and they, it 
 is true, may be fallacious ; but, when many cir- 
 cumftances concur, they fometimes amount to 
 proof at leaft as ftroiig as the, teftimony of wit- 
 neffes: that the prifoner efcaped from the guards 
 who were bringing him to the prefidency, h§ 
 
24 CHARGE TO THE GRAND JURY. 
 
 ej^icufed, on his examination, by alledging a na- 
 tural love of liberty, which, he urged, was 
 perfectly confiflent with innocence ; but, un- 
 lefs you believe him innocent, it feems the 
 province of a petit jury to determine, whe- 
 ther all the concurrent circumftances indubi- 
 tably prove him guilty. I proceed to offences 
 far lefs dreadful in themfelves, but almoft equally 
 deferving of your ferious attention ; for if any 
 thing ought particularly to afFe6l our minds, 
 and make us all extremely circumfpe£t in our 
 paflage through life, it is the alarming confi- 
 deration, that not only the more violent emo- 
 tions of anger and hate, but even unguarded and 
 idle words, have a tendency toward bloodfhed^ 
 and not uhfrequently end in it. If this be the 
 cafe with men of underftanding and education, 
 what mull be expeded from the uncontrolled 
 paffions, unimproved intelle£ts, and habitual 
 vices of the low multitude ? For this reafori. 
 principally I never think lightly of the petty 
 complaints^ as they are called, which are brought 
 before me : I know, that wrath and malice will 
 have a vent ; that they are better fpent in a court 
 of juftice than in black and filent revenge; and 
 that, if fuch ferpents be not crufhed in the egg^ 
 there can be no fecurity againft the mortal efFedis 
 of their venom. You will attend, therefore, I am 
 confident, even to common aflaults ; (for I need 
 
CHARGE TO THE GRAND JURY. 25 
 
 not mention fuch as were made with any cri- 
 minal defign) and confider no ^breach of the 
 peace as tri-rial, the confequence of which mayi 
 poffibly at leSift,l)e the fhedding of human blood; 
 This reafoning leads me to a fubjefb of the high- 
 eft importance to every community ; and parti- 
 cularly (for mmy weighty reafons) to the inha- 
 bitants of this populous town: I mean thofe 
 offences againf; good morals and good ordei^ 
 which fpring ipom the diffolute manners of the 
 populace, and branch out into all the diforders 
 and evils, that can ,affe£t the comfort of 'focial 
 beings. Excejfve luxury, with which the Afta- 
 ticks are too • ir^ifcriminately reproached in Eu- 
 rope, exifts in^ed in our fettlements, but not 
 where it is ufualy fiippofed ; not in the higher, 
 but in the loweft, condition of men ; in our fer- 
 vants, in the conmon feamen frequenting ovjr 
 port, in the pettr workmen and fhopkeepers of 
 our ftreets andi markets: there live the men, 
 who, to ufe the jhrafe of an old &.3.X.\xtQ, Jleep by 
 day and wake at nght for the purpofes of gaming, ' 
 -debauchery, and Intoxication. The inebriating 
 liquors, which ire extraded from common 
 trees, and the ftupifying drugs, which are 
 leafily procured from the fields and thickets, 
 afford fo cheap a gratification, that the loweft of 
 inahldnd purchaib openly, with a fmall paij: of 
 
26 CHARGE TO THE GRAND JU&Y. 
 
 their daily gains, enough of both to incapacitate 
 them by degrees forapy thing that is good, and 
 render them capable of any thing that is evil ; 
 and excefs in fwallowing thefe poifons is fo ge^ 
 neral, that, if the ftate had really bien lighted up 
 at the higher extremity, as it certainly is at the 
 lower, it muft inevitably have teen confumed.i 
 The mifchiefs, which this deprwity occafions, 
 it is.needlefs to enumerate; but, until fome ordi- 
 nance can "be framed, which fhalbe juft in itfelf 
 and conformable to the fpirit of our laws (botl^ 
 which qualities ought to characterize every re- 
 gulation in the Britijh empire) ;he publick has 
 no hope of fecurity, gentlemen but from your 
 vigilance. Diforderly houfes, tnd places of re- 
 fort for drinking and gaming, are indidtable as 
 publick nuifances ; and, thougi it would be the 
 work of many feffions to eradiate the evil, yet a 
 few examples of juft p'unifhmffit would have a 
 falutary effedt. You are too finfible, I am fure, 
 of the advantages arifmg froa a trial by jury 
 in criminal cafes, to wifh for a power in 
 any hands of fummary convBian^ which the 
 legiflature has not yet given and which it al- 
 ways gives with reluftance ; aid I perfuade my- 
 felf, that the gentlemen of tlis fettlement are 
 too publick-fpirited to decline tie trouble, which 
 may attend the execution of any ufefu^ law, 
 
CHARGE TO THE GRAND JURY. 27 
 
 , whether it be rieceflary to profecute offenders by 
 indidment, or to levy fmall penalties by adtion 
 in the Court of Requefts. , 
 
 Since I have mentioned gaming, I muft add, 
 that it is a vice produced by lazinefs and avarice, 
 and leading to diflrefs, which aggravates, inftead 
 of palliating, the offences frequently committed ia 
 confequenceof it. The moil common of thofe of- 
 fences, among the loweft of the people, 2iXethefi 
 and robbery ; and, if it be true, as it was fworn 
 before me, though not by a man who feeme4 
 worthy of much credit, that even the watch- 
 houfes in this town are the haunts of unre- 
 flrained and encouraged gamefters, we can ex- 
 peiSt little benefit from watchmen who thus dif- 
 charge their important duties. In fa£t, if we had 
 a well ordered watch and ward in Calcutta (and 
 that we have not, is become a conftant fubjeft 
 of animadyerfion among the natives of higher 
 rank) we fliould not have heard of robberies 
 committed by ruffians mafked and armed, fuch 
 as a few months ago attacked a Greek merchant 
 in" his houfe, without ever being apprehended ; 
 nor of the burglaries coRimitted by abandoned 
 vagabonds and night-rwalkers, who pafs through 
 the ufualftages of profligacy, from idlenefs and 
 vice to poverty, and from poverty to a refo- 
 lution of invading the property of the honeft ; 
 j^ter which, if thejr'are unpunifhed, they pro- 
 
28 CHARGE TO THE GRAND JITRY. 
 
 ceed from crime to crime till they clofe their 
 career in blood. 
 
 Having fpoken of the little credit, which I 
 gave to the oath of a low native, I cannot re- 
 frain from touching upon the frequency of per- 
 jury; which feems-to be committed by the 
 meaneft and encouraged by fome of the better 
 fort, among the Hindus and Mufelmans, with as" 
 little remorfe as if it were a proof of ingenuity, 
 or even a merit, inftead of being, by their own 
 cxprefs kws, as grievous a crime as man is 
 capable of committing. I cannot name this of- 
 fence without emotion; for (befides its natural 
 enormity) it renders the difcharge of our publick 
 duty both difficult and painful in the higheft de- 
 gree : it is not in caufes, where Hindus or Mufel- 
 mans give evidence, that a fafl: is proved, becaufe 
 it is fworn, and we are compelled to take a 
 greater latitude in judging by probability and a 
 comparifon of circumftances, than the ftridnefs 
 of Englijh judicature in general allows. With 
 refpe£t to the Mufelmans, we can eftablifh no 
 ftronger fandtion than the oath now admi- 
 niftered; but, as to the Hindus^ I cannot relin- 
 quifh my opinion, that the moft folemn poffible 
 form ought to be adopted, either by ordering all 
 the witneffes, who are to give evidence,- to be 
 previoufly fworn by the Brahman^ our officer, in 
 one of their own -templesj or by fwearing them 
 
CHARGE TO THE GRAND JURY;. 29 
 
 in court before confecrate4jS>-£' brought from fome 
 altar of acknowledged holinefs. The charter re- 
 quires f&e mojl binding form^znAvfQ know from our 
 own 5r^;^/w««y that the prefent form is not the moji 
 binding ; fo that a doubt might be raifed even on 
 the legality of an indidtment for violating an 
 oath fo taken. Until fome change can be made 
 (and change even from wrong to right has al- 
 ways its inconvenience) we muft not forget to 
 remind all Hindu witneffes from time to time, 
 that falfe evidence even by their own Shdjira'sf 
 is the moll heinous of crimes, and to adjure 
 them by the name of GOD, (as a learned Brdb- 
 man at Nediya aflured me we were empowered to 
 do, without Ihocking their prejudices) to fpeak 
 the whole truth and nothing but the truth : but 
 fuch, after all, is the corrupt ftate even of their 
 erroneous religion, that, if the mofi binding form 
 on the confciences of good men could be known 
 and eftablifhed, there would be few confciences to 
 be bound by it; and, without exemplary punifli- 
 ments of aftual perjury, fubornation of it, and 
 attempts to fuborn, we fhall never be able to ad- 
 minifter juftice among them with complete fatis- 
 fa£tion. It has been urged, with fpecious good 
 nature, " that punifliments lofe their eiFe£t by a 
 " frequent infliction of them ; that pain becomes 
 *^ familiar to the evil hearted ; that every villain 
 *' indulges a hope of fufFering in company j and 
 
30 CHARGE TO THE GRAND JtTRY. ' 
 
 " that It is dangerous for the community to 
 " know, how few honeft men are among them ;" 
 but this is the language rather of benevolent fpe- 
 culation, than of attentive obfervatlon and expe- 
 rience ; for, as long as men exift in a ftate, who, 
 without fearing GOD, fear the law, and with- 
 out horror of a crime, tremble at the thought of 
 punifhinent, fo long It Is neceflary, that all crimes 
 clearly proved be certainly and ftridtly punlfhed ; 
 •while few. It muft be hoped, will fufFer, and all 
 will be warned. Could any thing induce me 
 to , wifh, that you, gentlemen, were detained 
 liere from your other bufinefs longer than a 
 week, It would be a defire of bringing to 
 immediate pain and difgrace, fuch wltnefTes as 
 may perjure themfelves during the remainder of 
 the feflion. 
 
 That you fit only twice a year is alfo (if you 
 will allow me to fpeak openly) an evil which I 
 jfrequently lament ; fmce the neceflity of keeping 
 accufed perfons within the reach of juftice obliges 
 us to confine In prifon thofe who are charged 
 with offences not bailable, or who are unable 
 to find fufficient bail ; fo that, if a charge is made 
 foon after the end of your fitting, the accufed 
 mull remain fix months in cuftody ; although it 
 may afterwards be proved, that the accufatipn 
 was fuggefted by malice and fupported by per- 
 jury. Such cafes, we muft hope, very feldom 
 
CHARGE TO THE GRAto JURY. SI 
 
 occur ; but fo long an imprifonment, before 
 convidtion or even irididtment, is not conforma- 
 ble to the benignity of our law : and permit me 
 to requeft, that if any complaints be made to you 
 of exa6lions or cruelty in the jailor and his 
 fervants, or of their foading prifoners with irons, 
 except where there is imminent danger pf an 
 efcape, efpecially if it be done with a -view to 
 extort money, you will pay a ferious attention to 
 the evidence adduced ; fo that our nation may 
 never be juftly reproached for inhumanity ; nor 
 the fevereft of misfortunes, lofs of liberty, be 
 heightened under our government by any addi- 
 tional hardfhip without redrefi^* 
 
CHARGE 
 
 TO THE 
 
 GRAND JURT, 
 
 AT CALCUTTA, DEC. 4, 1788. 
 
 GENTLEMEN, 
 
 If the unremitted vigilance of roagiftrates; the- 
 diligent attention of jurors, the approved excel- 
 lence of our criminal laws, and the due infliction 
 of adequate punifhmen'ts, could prevent the com- 
 miflion of crimes in this great and increafmg 
 capital, I fhould not hold in my hand fo long a 
 catalogue of terrible offences, which are believed 
 to have been committed within the laft fix 
 months by perfons under our jurifdi£tion ; of- 
 fences, which comprize nearly all, that can he 
 committed againft the Tpuhlickjujlice^ tranquilUty^ 
 convenience, and irade^OT againft xht perfons ^houfes 
 and property of individuals, in protecting which 
 the publick is elTentially interefted. To difcourfe 
 at large on each of thofe heads, as they occur to 
 
CHARGE TO THE GRAND JURY. 3f5 
 
 me on irifpefting the calendar, would certainly 
 he fnperfluous; but it would ill become me to 
 pafs them over in lilence j for the principles of 
 our criminal jurifprudence, and the cafes, in 
 which they are applied, may not be frefh in 
 your memories ; and it cannot be reafonably ex- 
 pected, that you fliould ftudy, as lawyers, the 
 reports and treatifes,, however excellent, of 
 Kelyng and Hale, Foster and Black- 
 stone, or the voluminous wofks, however ac- 
 curate, of modern compilers : I will take, there- 
 fore, a middlecouyfe, and confine myfelf toihort 
 obfervations on thofe crimes only, of which the 
 prifoners are fpecifically accufed, fo as to affift 
 your recollection', and guide your judgement in 
 finding or rejecting the feverai bills, that will, 
 I know, be prefented to you. 
 
 It gives me, in the firft place, inexpreflible 
 pain, to fee no fewer than /oar perfons charged 
 with fo abominable ah offence as corru-pt perjury, 
 or the fubof-nation of it ; and one of them, I ob- 
 ferve with horrof , is an Arrnenian by birth^ and, 
 in name, at leaft, a Chrfjtian: now, if all laws, 
 human and divine, if all religions, the many 
 falfe and the one true, be thus openly defied, we 
 muft abandon all hope of adminiftering juftice 
 perfectly ; and, as much as I blame fevere cor- 
 poral punifhments, efpecially thofe Which mu- 
 tilate the offender's body^ I miift recommend a 
 
 YOL. V. D 
 
34 CMARGE iro THE GRAND itJRti 
 
 degree of feverity, if the wickednefs of mart 
 cannot be otherwife leftfained. The cruel mu- 
 tilations, pradifed hj the native powers, are not 
 only fhocking to humanity, but wholly incon- 
 fiftent with the rnildnefs of our fyftem ; nor do 
 they conduce even to the end proppfed by theni j 
 fmce it is the certainty, not the cruelty, of punifh- 
 ment, that can operate on the fears of thofe, 
 who fear nothing elfe : the old Hindu courts, 
 from a fanciful notion of punilhing the offend- 
 ing part, and depriving it of power to offend^ 
 any more, would have cut out the tongue of a 
 perjured man and amputated the hand oi a thief 
 or a forger; while the Mohammedan punifh- 
 ments, inflided at this day in the .^/^^fzV^ domi- 
 nions of Britain, are not lefs horrid, but have 
 lefs appearance of reafon. Happily we can fee 
 no' fuch horrors in Calcutta \ but, as our houfe of 
 corre61ion, either through negleft or through want 
 ' of laborious employment, would, I fear, be a houfe > 
 of lazinefs, as tranfportation is out of the quef- 
 tion, and as the pillory alone would hardly be 
 thought fhameful to thofe, who have no fenfe 
 of fliame, it will be advifable to indi61: perjured 
 men on the ftatute of Elizabeth ; iince, be- 
 fides imprifonment for fix months, it inflids, on 
 default of paying a confiderable fine, the punifti* 
 jTient of having both ears nailed to the pillory, 
 which, though painful at the time and perpe- 
 
CHARGE TO THE GRAND JtJRY. S5 
 
 tually ignominious, neither cruelly mangles tlie 
 human frame, nor deprives the offender, fhould h^ 
 repent and be induftrious, of gaining a fubfiftence 
 by honeft labour. Such indidments will be the 
 lefs exceptibnkbk, 'becaufe, if any cafe Ihould 
 happen to be out bf the ftatute, there may be a 
 convidion, I prefume, and confequently a fen- 
 tence, as at common law. 
 
 Whatever be the caufe, I cannot but believe, 
 fince it has been fworn before me by ati Englifi- 
 mari^ who demanded fecurity for the peace, that 
 there are ftreets in this pdpuldus town, atid one 
 elpecially near the Faujdar's houfe, through 
 which it is extremely perilous for quiet men to 
 pafs after fuiifet: they ai;e inhabited, I am told, 
 by low European tavern-keepers of all nations, 
 and onfe of them, Stefano an Italian^ will be 
 accufed before you of a violent aifault in his ov^n 
 tavern, of which the probable confequence might 
 have been the death of an unofFehding man. 
 By the common law, which is always clearer and 
 generally wifer than any ftatute, the keepers of 
 taverns, who permit frequent diforders in theni, 
 or harbour perfons of bad repute, may be indided 
 and fined as for a common nuifdnce, and open 
 gaming-houfes are equally offenfive in the eye 
 of law, as the haunts of profligate mifcreants an4 
 a temptation to pernicious vices ; yet both are 
 now fa numerous, that a peaceable native caik 
 
 £> 2 
 
3 6 CHARGE TO THE GRAND JURY. 
 
 hardly fleep without difturbance from brawls of 
 affrays, and dread of nodturnal robberies. Ve- 
 nerable fathers of families have lately complained 
 to me with extreme anguifh, that their fons had 
 been ruined in thofe feminaries of wickednefs; 
 yet fo relaxed are the principles even of. the 
 richer natives, that a6lions have been brought 
 by an opulent Hindu for money advanced folely 
 to fupport a common gaming^-houfe, in the pro- 
 fits of which he had a confiderable fliare ; and 
 the tranfa61ion was avowed by him with, a* 
 much confidence, as if it had been perfectly jufti- 
 fiable by our laws and by his own. From 
 whatever caufe thofe diford.ers proceed, whether 
 from illicit gains accruing to unauthorized li- 
 cencers and protestors, or from wilful negli- 
 gence in the lowfervants of thofe, who are in- 
 trufted with the oiBice of high confl:ables, they 
 are deftruflive of individuals, injurious to the 
 publick, and deferving of your fferious inveftiv 
 gation. 
 
 Cheats, of which two or three appear next in 
 the calendar, are ufually reckoned offences 
 -tigainft publick trade : to this head are alfo re- 
 ferred thofe deceitful practices and artful con- 
 trivances, by which even a wary individual may 
 be defrauded of his money or goods ; but you 
 will confider fome kind of artifice or device as 
 effential to the criminality of a fraud; fince a 
 
CHARGE TO THE GRAND JURY. S7 
 
 mere palpable falfehood, which no man of ordi- 
 nary undei'ftanding would implicitly believe, and 
 an impofition by means of it, which any man of 
 ordinary prudence would have avoided, feems 
 no crime againft the publick, who cannot feel 
 themfelves injured, becaufe & fool happens to 
 iuffer by his folly. There is an offence, which 
 moft ferioufly affeftsthe trade of the community, 
 and which the common law punifhed for that 
 reafon with fine and imprifonment ; I mean that 
 of buying the iv&ok of any commodity wttA a 
 defign to raife the price of it at the pkafure of the 
 buyer', fince, if that were allowed, the price of 
 commodities would entirely depend on the dif- 
 cretion of one or two wealthy individuals : it 
 appears from an ancient record, that fo bafe 
 a defign is equally punilhable, whether any 
 of the commodity engrofled be adtually re- 
 fold, or not ; and a combination of feveral rich 
 men with fo bad a view would, I doubt not, be 
 held a mifdemefnor injurious to publick trade. 
 Reafon applies this , principle to the engroffing 
 of rice and other grain ; but good policy forbids 
 the application of it in practice, efpecially in 
 thefe Indian provinces ; for if, in the time of a 
 mere dearth, fuch engroffers were punifhed and 
 their hoards diffipated, no relTource would ordi- 
 narily be left againft future calamity, and a fe- 
 eond bad feafon might caufe all the horrors of ai 
 
3S CHARGE TO THE GRAND JURY, 
 
 famine : but coined Jiher is a commodity of a, 
 lefs delicate natm^e ; and, though' the adual 
 quantity of it in Cah iitta may have been reduced 
 by various caufes, yet there is juft ground for a 
 fufpicion, that the artifices of feveral combined 
 atid wealthy Sarrafs, or money-changers, have 
 raifed the difcount, on the exchange oi gold mohri 
 for fiiver, to fo enormous a degree as to afFed; 
 <ill. commercial tranfa£tions in Bengal. Now, 
 though it be difficult to give ppfitive pi^oof of 
 fuch intentions aud combinations .^^ yet, if leg^l evi- 
 dence of them be fairly obtained, the dread of 
 imprifonment would operate more forcibly on 
 the monied natives, efpecially the Hindus.^ than 
 the fear of' a pecuniary mulft or of publick 
 cenfure. 
 
 On the rules of law concerning homicide, wc 
 have unhappily had frequent occafions to deliver 
 our concurrent opinions : but, a fatal error feem- 
 iftg ftill to prei^ail, that an ab'tual intention to kill 
 is elfentia] to the crime of murder, I will reca- 
 pitulate in few words the dodrine, on which 
 I formerly enlarged. When you have certain 
 evidence, that the perfon, who is faid to have 
 been killed, is really dead (for that fa£t fhould 
 in the firft place be incontrovertibly proved) you 
 will confider,whether any aB of the perfon ac- 
 cufed was either the cavfe, or the occajion, of the 
 death ; next, whether it was a lawful, or an tin- 
 
CHARGE TO THE GRAND JURY. S9 
 
 lawful, 2l&^ and, if legal in itfelf, whether it was 
 reafonahle and moderate, or violent and cruel; if 
 illegal, whether it was done in a fudden burft of 
 paffion and with a weapon unlikely to deftroy 
 life, or coolly and with apparent malignity, of dif- 
 poftion ; for, in that cafe^ if death enfue by an 
 a6t, of 'which it might, though not aSiually in- 
 tended, ht the probable confequence, the offence 
 will certainly be murder ; the efTence of which 
 is not merely 2i'defign to kill, but a depraved and 
 malignant heart evinced by the coolnefs of the 
 deed, or'the danger of the inftrument ufed, or 
 any other circumftances, by which malice may 
 plainly appear : you will, too foon be called upon 
 to apply thefe principles in a variety of cafes ; 
 and it furely imports our honour as a great na- 
 tion, and becomes our charadter as juft men, 
 that whoever deprives another of life fhould be 
 openly tried, and either acquitted or con- 
 demned by thofe laws, from which he would 
 have fought protedlion, if he had himfelf been 
 injured. 
 
 Several natives have been committed for bur- 
 glarious entries accompanied, in moll inftances, 
 with actual theft •, and, fmce the petit jury may 
 iji thofe cafes convi£t of the larciny alone, if the 
 proof of a burglarious nd: be deficient or doubtful, 
 it will be right, as in cafes of homicide, to find 
 
40 CHARGE TO THE GRAND JURY. 
 
 your bills for the capital felony, when the evi- 
 dence before you fhall fairly fupport the charge ; 
 but on Jimple burglary, that is, when the felo- 
 nious intent has not been executed, I muft offeir 
 a few fhort obfervations. There are five ingre- 
 dients in this offence, according to the five parts 
 of its well-known definition, and relating to the 
 circumftances of tint?, place,, breaking, entry, and 
 intent: the time muft be night; the place, a 
 d'welling-houfe, or parcel of it ; the breaking, ei- 
 ther with fome degree oi force, or hj fpecia I im- 
 plication ; the entry, with part of the body at 
 leaft, or with an injirument ufed by it ; and the 
 intent, to commit 2i felony. In refpedt of time 
 and intent the law is 'very JiriSi ; rather lef§ 
 ftridtas to the place ; andy?/// /?/}, itfhould feem, 
 as to the breaking and entry : now, in the cafe 
 of Heri and Sancar (whofe crime, if they 
 really be guilty, was highly aggravated by the 
 grofs violation of their duty as publick watch- 
 men) you will probably have no doubt in 
 regard to the time and place, and very little 
 as to their intent, if you believe that they had 
 rubbed their faces and bodies with white pow- 
 der to look like Europeans ; but, as to the break-^ 
 ing and entry ^ there are fome doubts, which nor- 
 thing but full evidence can remove. They were 
 caught, it has been fworn, on the terrace of a 
 
CHARGE TO THE GRAND JURY. 41 
 
 detached houfe inhabited by a Hindu^ ^nd built 
 in the fafhion of Bengal \ and it is now be- 
 lieved, that they began with climbing into a 
 fmall room, or reeefs, communicating with a 
 private apartment, and ufed for the purpofes of 
 a water-clofet in a ZiO«</o«^houfe, but enclofed 
 by a breaftwork of bricks, and open at the top, 
 the nature of the place in this climate not ad- 
 mitting, without extreme inconvenience and 
 even danger to the family, of fuch a covering as 
 would exclude frefh air : the cornice over the 
 4oor of the apartment was broken, together with 
 
 • 
 
 part of the wall, either by accident in laying 
 hold of it, or by defign to facilitate the afcent on 
 the terrace, which was itfelf enclofed by a ba- 
 luftrade. Although a terrace on a houfetop, in 
 the warm regions of A/ia, has been imraemo- 
 rially confidered as an apartment of the houfe 
 both for converfation in the evening and for 
 dumber at night; although, like a varanda fur- 
 rounded by rails or parapets, it is as much en- 
 clofed as the nature and defign of it will allow ; and 
 although a nodiurnal invafion either of a terrace 
 or a varanda, in a country where doors and win- 
 dows muft be left open night and day, would occa- 
 fion terror and generally be puniflied with inftant 
 death, if the aflailed v/ere better armed than the 
 aflailant ; yet, in favour of life, it may forcibly 
 
«2 CHARGE TO THE GRAN© JURT. 
 
 ]be urged, that the penaMaw of JB/z^/^W oughfc 
 not to be extended, by mere argument- and ana- 
 logy, to varandas and terraces ; but whether the 
 flacCy which has been defcribed, was aftually a 
 room in the houfe, and whether the prifoners broke 
 and entered it with a felonious intent^ will beft 
 be determined by the petit jury; while the court 
 will confider, whether an entry by night into 
 fuch a place and with fiich a defign be not as 
 burglarious in the eye of our law as a mere de- 
 fcent by a chimney in England. As to the de- 
 fence of the two watchmen, that they were only 
 difcharging their duty, inftead of violating it, the 
 law will never fuffer' itfelf to be infulted by fuch 
 pretences ;• and, if it be proved, that Vishnu- 
 ram, (who attempted by the authority of the 
 Company's badge to procure the releafe of his 
 fon^in-law and the affociate, and even gave rea- 
 fon by his menaces to believe, that he meant to 
 refcue them), knew of the felonious defign, you 
 will confider him as an accelTory after the fa£t; 
 or, as a principal m. it, if he was conftrudlively 
 frefent by keeping guard near the houfe, while 
 they broke and entered it. On this occafion I 
 impute no blame to the two gentlemen, who ad 
 •&% high conftables in Calcutta, except that they 
 do not feem to have taken, as they certainly 
 fliould have done, from the low nativ-es, whom 
 
CHARGE TO THE GRAND JURY. •^S 
 
 they employ, fuflScient fecurity for their goo4 
 behaviour and, for the faithful difcharge of their 
 /duty. 
 
 The Armenian, whom I mentioned under the 
 head of perjury, being alfo charged with having 
 forged the bond, tp the due execution of which 
 he pofitively fwore after ftrong and repeated 
 warnings by an interpreter of his own nation, thq 
 great queftiori again rifes, *' Whether the mo- 
 " dern ftatute, which makes forgery capital, ex- 
 " tend, or not, to thefe Indian territories." 0n 
 the fulleft confideration, I think the negative 
 fupported by ftronger reafons than the affirma- 
 tive : the ftatute in queftion feems to have been 
 made on the fpur of the time; its principal ob- 
 je6| was to fupport the paper-credit of England^ 
 which had jijft before been afFefted by forgeries^ 
 of bank-notes ; and it contains expreffions, which 
 feem to indicate a loc^l operation ; the punifh- 
 ment, which it infii£ts, goes beyond the law of 
 nature, and the Britijh ,la.ws appear to have been 
 introduced into India by a charter preceding the. 
 ftatute, fo far at leaft as to bring this country 
 within the geijeral rule. Neverthelefs, I ftill 
 think the queftion debatable:. I fee it, ^s I lately, 
 told the fenior judge, who agrees with me, rather - 
 with the Ught of the rifmg, than with that of 
 the meridian, fun ; and the learned argument o£ 
 
44 CHARGE TO THE GIL\ND JURY. 
 
 the judge, who difiers firom us, has rendered 
 the point fufficiently doubtful, to make me wilh 
 for a decifion of it by the higheft authority at 
 the fountain-head of juffice: yet the reafbns 
 urged on the oppofite fide fo far turn the icale, 
 as to juftify me in recommending an indi^ment 
 on the ftatute of Elizabeth, efpedally as a 
 conviction on the modem ftatute would not at 
 prefent be foDowed by execution ; and if the 
 perfon convifted fhould fubmit to a l<Kig im- 
 prrfonment rather than exerdfe tibe power, 
 which would be given him, of appe^jng to 
 tiie king in council, it might end in his efeap- 
 ing any punifhment, or in his being ptsnilKed 
 capitally at fo diftant a time, that the o&nce 
 might be forgotten by the puUick, and the 
 great objeft of all penal ftatutes wholly fruf- 
 trated. 
 
 Whenever it fhall be my turn to addrefs yon, 
 gentlemen, T will never defift from recommend- 
 ing to your ferious attention the ftate of the 
 gaol ; the condition of the prifoners; the con- 
 du(fl of the gaoler and his fervants. The feci- 
 lity of efcaping from it has, I prefume, fince 
 your memorial to the government on that fub- 
 je&., been wholly or nearly removed ; but, even 
 if the conftrudHon of the prifon fhould render 
 cfcapes eafy, that would be a reafon for the 
 
Missing Page 
 
45 CHARGE TO THE GRAND JURY. 
 
 be dear, will then only fall, when our con* 
 ftitutional mode of trial fliall be fuperfeded 
 by fummary jurifdidions, but will totter, wheii 
 'Einglijhmen of , education and property fhall 
 ceafe, through their love of eafe, to fhow by 
 their perfonal exertions a warm alacrity for the 
 fupport of it. 
 
t!HARGE 
 
 GRAND JtrnX 
 
 A'T CALCUTTA, JUNE 10, HSO. 
 
 GENTLEMEfi, 
 
 1 CANNOT have the pleafure, which I ei- 
 pe£ted, of informing you, that few pri(oners are 
 named in the calendar : fewer, indeed, appear 
 in it, than we have lately feen at our feflionsj 
 and among the offences with which they are 
 charged, I perceive none, that feem to" call for 
 particular notice ; none, that can here prove ca- 
 pital, except a cafe or two of felonious homicide 
 and three or four of burglarious entries, oil 
 which I fhall incidentally touch ; and there cer- 
 tainly are none, on the nature and degrees of 
 which you have not, on former occafions, re- 
 ceived ample inftrudtion from charges delivered 
 by my brethren or by myfelf. It might therefore 
 feem, that no materials occur for a charge at the 
 
U CHARGE TO THE GRAND JURY. 
 
 opening of the prefent feffion, and that it might 
 be fufficient to difmifs you, with declaring my 
 perfedt confidence in your vigilant attention to 
 the whole extent of your duty ; but, finceit has 
 been ufual to detain you a fliort time with the 
 formal difcourfe, I take this opportunity of do- 
 ing that, which has not, I believe, been any 
 where done in any difcourfe either fpoken or 
 written, and which you will find, I am perfuad- 
 ed, neither ufelefs nor unacceptable : having no 
 diflike to novelty, when utility accompanies it, I 
 propofe to. give you a concife, but, as far as I am 
 able, a perfpicuous, comment on the general 
 form of the Oath, which you have taken, and on 
 every material word, which occurs in it ; nor 
 will you imagine, that it is too clear to need il- 
 luftration, when I aflure you, that I did not my- 
 felf underftand it entirely, till I had very atten- 
 tively read and veiy fully confidered it ; and that 
 parts of it have appeared ambiguous to grand 
 juries themfelves, I know from the queftions 
 which have occafionally been put by them to 
 the court, and often privately to me by fome of 
 them, who were my intimate friends. You will 
 not hear from me any common topicks on the 
 fandlion of oaths, which to men of education 
 and principle would be needlefs and unbecorti- 
 ing ; nor any difplay of antiquarian literaturei 
 which would here be idly oftentatious ; nor 
 
CHARGE TO THE GRAND JURY. 49 
 
 Arty fubtil arid abftriife dodnnes, which my fub- 
 jedt will by no means require ; rior any exhort- 
 ation to the eorifciehtious difcharge of your of- 
 fice, which would, I know, be fuperfluous: it 
 has truly, indeed, been faid, that *' He, who 
 *' admonifhes. another to do that which the other 
 *' adtually does, rather coinniends than exhorts^ 
 *' and only cbnveys applaufe in the form of an 
 ** admonition ;" but I wifh to avoid addreffing 
 you perfonallyf I ihall fpekk to you as to a 
 grand, inqueft in the abftradt, and offer fuch rules 
 as may be applied to pradice by alU who fhall 
 at any tiriie ferve their country in the charac- 
 ter, which y Oil iidw fuftaini It is not as a ca- 
 fuift^ a me'taphyfician, or an antiquary, but as a 
 lawyer' merely, that I ihall explain the true fenfe 
 of your oath, at leaft as I uiiderftand it ; and I 
 begin with a ruling principle, univerfally ad- 
 mitted, which you may confider as a kiey to the 
 whole form, and whidh to fome parts of it will 
 be clearly and forcibly applied. 
 
 The intention of that power, ^hich impofes 
 an oath, is the fole inteirpret'er of its meaning, 
 the guide of thofe, who take itj and the meafure 
 of their duty. Now, fince your oath is impofed 
 by the law, the intent of the law muft be the 
 pole-ftar, by which you are to dire6l your 
 Gourfe. Your obligation in confcience defends, 
 it is true, on your fxneere opinion of that intent j 
 
 VOL. V. E 
 
50 CHARGE TO THE GRAND JURY. 
 
 but, fince the intention of the law is frequently 
 fo, deep as to elude a fuperficial view, yoti are 
 bound in confcience to exa.mine it minutely, and 
 to feek affiftance from thofe, whofe office it k 
 to difcover and to declare it. From the imperfec- 
 tion of allhuman things, it is not always pof- 
 fible to avoid ambiguity of language ; and the 
 intention of the law may fometimes be larger, 
 fometimes narrower, than the Verbal exprefllon. 
 Of an intention mare extenfive than the wtjrds I 
 will give you one llrong example : we take a 
 prefcribed oath, as judges, that " we will to the 
 " beft of our knowledge, fkill, and judgment, 
 " duly and jtijtfy execute our offices, and impar- 
 " tially adminijter jujiice in every caufe, matter, 
 " or thing;, which fhall come before us/' To 
 a6t duly , jujily-^ and impartially feerns no more 
 than what is required of Arbitrators, and might 
 be thought confiftent with judgments given ac- 
 cording to our own opinions of what is juft and 
 right, or, in other words, according to our honeft 
 difcretion ; the very mode of judging^ which, 
 from a wife diftruft of humaa integrity, it is the 
 chief ufe of eftablifhed law to. preclude ; and, 
 fince the conftitutional, or publick, kvv:, of which 
 we know the intent, was the impofer of our 
 oath, we interpret it conformably to that intent> 
 and hold ourfelves bound, on queftions oifaSl^ to 
 give true judgments according to the evidence ^ and. 
 
CHARGE TO THE GRAND JURY. SI 
 
 Dtt qUeftions merely kga/, to decide according' to 
 law ; ieven- though, as men, we may in pafticulaf 
 cafes think the law too auftere or too narrow, 
 and may wifh it changed by the only power that 
 can change it ; for we are to declare the law, 
 not to make it. That the intent may not be lefs 
 extenfive than the popular fenfe of the words 
 ufed, we fhall fee in your oath, when we come 
 to the application of this introductory maxim. 
 
 Your oath, as you may have obferved, is a 
 fingle pieriod confifting of four members or di- 
 vifions ; and it is a period cotreftly fb called', gr 
 in the form, as it were, of a circle ; the awful 
 phrafe at the concltifidn being maniffeftly con- 
 nedted in fenfe with the beginning of it : "• So 
 " may GOD help you, as you fhall duly perform 
 " the promifes, which you call oh hiin to atteft, 
 " and which are diftindily enumerated." The 
 phrafe, which makes the whole period condi-* 
 tional (for it is not imperative, as the fifft words 
 of each divifioil might fdeiii to imply) is placed at 
 thie end^fbr the pufpofe of ycmr kiflihg the gofpel, 
 as foon as the name of GOD has been prO» 
 ncrcmced, and thus making the whole oath youir 
 own, though it has only been read to-you by thfr 
 officer. I called it an, awful phrafe, becaufe, 
 though in form it invokes the fupreme being as 
 a d'efende^r, yet by implication it addreffes Hini 
 ^ an avenger j and, though it openly exprefiea 
 
 E2 
 
52 CHARGE TO THE GRAND JUkY. 
 
 a benedidion, yet it virtually implies an impr&» 
 
 cation ; the expreflion could not be full, without 
 
 raifmg too violent and too painful an image ; 
 
 and filence, on this occafion as on many others, 
 
 is more fublime than the ftrongeft eloquence. 
 
 The period thus conoe(aed has this apparent 
 
 meaning : " May the divine aid be granted to 
 
 " you, if the promifcs now made be performed; 
 
 "and withdrawn, if they be violated!" than 
 
 which a fubliraer idea could not enter the mind 
 
 of man ; fmce it is a clear deduction of reafon, 
 
 that the bare fufpenfion of the divine energy but 
 
 for a moment would caufe the inftantaneous dif- 
 
 folution of all worlds, and the tumultuous ex- 
 
 tinftion of all, who inhabit them. You wiU 
 
 readily believe, that I difclaim all idea even of 
 
 the poflibility, that you fhould knowingly violate 
 
 fuch promifes ; but (left any part, of my fubjedt 
 
 fhould pafs vinnoticed) it is proper to obferves 
 
 that a diftin£tion has been taken in the fe- 
 
 cular or external forum, which the internal, or 
 
 that of cohfcience, could never have - made, 
 
 betw^een an oath, which is ajfertive, and relates 
 
 , to fome fad:, paft or prefent, and an oath, which 
 
 is promiffbry, and relates to fome future ad. 
 
 A narrownefs, perhaps, in the old definition 
 
 of perjury gave rife to the opinion, that it 
 
 can only be committed in a legal fenfeby afalfe 
 
 denial or by afalfe aflertionj but it muft fureiy 
 
CHARGE TO THE GRAND JURY. 53 
 
 appear ftrange, that, "when half the bufinefs of 
 our civil courts confifts in enforcing the per- 
 formance of promifes or giving damages for the 
 breach of them, our criminal courts fhould think 
 it lefs than perjury to violate in any cafe, either ^ 
 by word or deed, a promife confirmed by the 
 ftrongeft a.nd holieft of fandlions : reafon furely 
 di<fjtates,. that perjury may be committed both in 
 the aiSt of fwearing by a falfe aflertion, and after 
 the a6t by wilfully violating in any<refpe5i an 
 oath previoufly talaen ; and the confciences of 
 men olight not to be enfnared by fubtil diftmc- 
 tions without any fiibftantial difference. -^On 
 this point, however, I need not infift ; and I 
 only mentioned it, becaufe it applies to the prin- 
 cipal verbs in the four divifions of your path, on 
 which I now proceed to enlarge. 
 
 The firft condition is, that " you (hall dili- 
 ** gently inquire, and make true prefentment, of 
 *' all fuch matters and things, as fhall here be 
 *' given you in charge, or otherwife come to 
 " your knowledge touching this prefent fervice." 
 Inquiry, or 'fearch and examination, is a word 
 completely underftood in its popular fenfe ; but 
 it is here ufed with technical propriety, fince 
 you are called inquirers by fome old writers, and 
 the grand inquejl, by many of the moderns ; and 
 in this fentence the ufe of it is .the more proper, 
 becaufe, it not only comprehends \}(\Qexamina'- 
 
M CHARGE TO THE GRAND JURY. 
 
 thn of witneffes ca. bills- prefented to you by. 
 third perfons, but alfo the inveftigation of thofe, 
 jjiatters, which may have attradled your notice 
 withput the intervention of profecutors, an4 
 which you may yourfelves prefent to the court, 
 after bills have been prepared at your requeft. 
 With a fimilar defign of including both mpdes, 
 the word prefentment (as the refult of your irh- 
 quiry) immediately follows; fince that word, 
 which is very comprehenfive, extends to indiSi- 
 ments by private individuals in the name of the 
 king, and to thofe, which are commonly diftio- 
 guifhed as prefentments by the grand jury. 
 
 What the law uoderftands by true^ we fhall 
 prefently fee, when we come to the fourth and 
 laft; member of the period ; but it is of great 
 importance to explain the legal meaning of dili- 
 gence; and I am clearly of opinion, that it means 
 in your cafe, the fame degree of care and in-^ 
 duftry, that each of you would feverally apply 
 to his own temporal affairs, or all of you col- 
 ledively to fuch worldly interefts as might 
 jointly concern ,you. I aflume with confi- 
 dence, that all fubjedts of the fame dominion are 
 engaged to one another by an implied contract \ 
 a puinciple equally clear and ufeful, and leading 
 to conclufions of the higheflr moment in morality 
 and politicks. Some writers on ethicks, who havje- 
 been taught, that popular principles axe not the way 
 
CHARGE TO THE GRAND JURY. 55 
 
 to preferment, deny it ; and, after deriding the 
 notion of a .contraft without a name, challenge 
 us to pToduce a well-known forenfick name for 
 Xht facial contraSi ; but not to urge, that many- 
 valid and ufeful contrads are innominate, the 
 very name, which they call for, is comprized - 
 in the epithet, which they ufe : it is the con- 
 tract oi fociety or partnerjhify differing only in 
 extent, but not in kind, from the civil and pri- 
 vate aflbciation univerfaiUy known and pra^lifed. 
 Now, fmce a partner both receives and confers 
 a benefit, fuch diligence is required of Him, as he 
 would ufe in his own concerns, and the fame 
 diligenfce is demanded of you for a fimilar rea- 
 fon; not lefs, becaufe you are benefited by the 
 laws of your country, under which you aft, and 
 natural equity prefcribes, that every benefit 
 fliould have an adequate return ; not njore, be- 
 caufe, at the fame time, you confer a benefit, 
 and natural equity forbids, that a ' benefit 
 fhould be burdenfome to thofe who cbnfer it. 
 Our law, which approximates to the perfec- 
 tion of reafon, impofes no burden, that is un- 
 reafonable ; and, if any of you doubt in parti- 
 cular cafes (as fome in your fituation have 
 naturally doubted) what ought to be the 
 meafure of your care and attendance, you 
 fjeed only a£k your own hearts, what degree 
 
56 CHARGE TO THE GRAND JURY. 
 
 of them are due to your private affairs of im- 
 portance. 
 
 Next come the fubje5is of your inquiry and 
 prefentments under two heads ; firft, fuch as 
 may be given you in charge ; and, fecondly, fuch 
 as may come to your knowledge independently 
 of the charge, but relating to the prefent bufmefs, 
 that is, to the legal redreft of all publick wrongs, 
 or the adminiftration of criminal juftice. In old 
 times it was ufual, for all the articles of inquiry 
 to be read at fome length as part of the charge, 
 after a general exhortation by the judge ; and, 
 if that mode had continued, the latter part of this 
 divifion, as included in the former, would have 
 been fuperfluous; whence we may infer, that 
 the prefent yirw of your^oath is, not of the higheft 
 antiquity, though the following member of it 
 be certainly very ancient, and the fubftance of 
 the whole may be traced back to the time of the 
 Saxon princes. 
 
 Of the fecond condition, Xhdl you Jhall keep^ 
 fecret the king's counfel, your oicn^ and that of your 
 fellows, the meaning might have been expreffed 
 with more perfpicuity. To declare at an im- 
 proper time> and in an unfit place, what perfons 
 have been indi£ted, might give traitors, confpi-' 
 rators, and other great offenders an opportunity 
 of abfconding, before they could be apprehended,' 
 
CHARGE TO THE GRAND JURY. 51 
 
 or impel them perhaps to ftrike fome defperat© 
 blow; and fuch a premature difclofure might 
 defeat the purpofcs of the law. It appears from 
 the book oiAJJifes, that in the reign of Ed w ard 
 the Third a grand juror was indidled as a felon 
 for fuch a difcovery, but, as he was a,cquitted, 
 the law remained undecided ; and, though 
 juftlce Shardelow declared, that in the opinion 
 of fome judges, a difcovery by an indiftor might 
 he treafon (meaning, I prefume, where a traitor 
 had been indidted, and the grand juror intended 
 to facilitate his efcape) yet the wifeft judges in 
 latter times have exploded and refuted the doc- 
 trine in George's cafe, and hold fuch a difco- 
 very to be merely a great mifprifion accompanied 
 with the guilt of perjury. The counfel or pur- 
 fofe of the king is formally comprifed in every 
 profecution : it becomes in part your counfel, 
 when you have unanimoufly concurred in find* 
 ing the bill ; and, when it has been found by a 
 majority of your whole number, it is their 
 counfel, which the diifentient muft not difclofei j 
 for a grand' juror, therefore, to reveal either his 
 own adis and opinions, or thofe of his fellows, 
 might have an effedl equally dangerous ; and, 
 though the generality of your proniife might, if 
 its principal fcope only were confidered, be re-« 
 {trained to particular cafes, yet it is the fafer way 
 
SS CHARGE TO THE GRAND JURY. 
 
 in all cafes, to maintain, an impenetrable referve 
 on all bufmefs begun or concluded, that is, on 
 the form of the indidment, the evidence in fup- 
 port of it, and the fa£t of its being found or re- 
 jected ; except when you bring in your bills or 
 have OQcafion to confult the court. 
 
 Thirdly, you implore the divine help on con- 
 dition, that you prefent no perfon from hatred, 
 mkiice, or ill will, nor leave any thing unprejentei 
 from fear, favour, or affeSiion. Thefe words 
 are a paraphrafe on a ftronger and more elegant 
 farm preferved in the law of Ethel red, by 
 which the grand inqueft were compelled to 
 fwear, that they would accufe none, whom they be- 
 lieved innocent, nor conceal any t whom they thought 
 guilty. To be free from partial affedions and, 
 preconceived opinions, from refentment and ,' 
 from regard, from all prepofleffions that might 
 incline you to rejed bills, or to find them true, 
 is a duty common to all who are concerned in 
 the adminiftration of juftice ; and though dif- 
 ferent motives are enumerated by way of ex- 
 ample, yet the plain intent of the whole fentence 
 is, that, from no motive whatfoever, neither from 
 the darker paffions of envy or wrath, nor from the 
 amiable affedions of compaffion and benignity, 
 'fhall you bring the guildefs into trouble, nor 
 fcre,en probable guilt from a full and impartial' 
 
CHARGE TO THE GRAND JURY. S'B 
 
 trial. You -will remember and emulate on this 
 occafion the fublime attributes of your guide, 
 the Law, which cannot be more ftrongly ex- 
 prefled, than in the manly di6Uon of the high- 
 minded and eloquent Ai^gernon Sidney: 
 *' The good of a people ought to be fixed on a 
 *' more folid foundation, than the fluftuating 
 " will or fallible underftanding of one or a few: 
 *' for this reafon law is eftablifhed, which no 
 *' paffion can diftiirb. -It is yoid of defire and 
 '* fear, of luft and anger ; it is pure difpaffionate 
 ** mind ; written reafon, retaining fome mea- 
 "fure^of the divine perfe<ftion : it enjoins 
 " not that, which pleafes a weak, frail man, 
 " but, without any regard to perfons., com- 
 *' mands what is good, and punifhes evil ia 
 " all, whether noble or bafe, rich or poor, 
 " high or low : it is deaf, inexorable, ia- 
 *' flexible." 
 
 The preceding member of the period contain- 
 ing a negative condition, you are laftly prefeiit- 
 ed with it in fofitiv? form ; that you. Jloail prefent 
 all things (not partially, but) //'z/Zk as they come 
 to your knowledge^ according to the bejl of your un- 
 derjlanding. Here we return to the phrafe, with, 
 which we began, of a true prefentment which 
 you are bound to make, of all things relating to 
 the bufinefs of the feflxon, as truly as you ^c 
 
00 CHARGE TO THE GRAND JURY. 
 
 enabled to make it, according to fuch evidence 
 as you have before you, and by fuch an exertion 
 of your intelledual pbwers, as all fenfible men 
 would apply to their own concerns ; for fo the- 
 law interprets ' in your cafe the fuperlative bejl^ 
 not meaning, as in our, (for reafons not appli- 
 cable to your) that painful and intenfe applica- 
 tion of mind, w^ith which a mathematician folves 
 the moll abftrufe problem, or a judge decides 
 the moft intricate caufe. The only remaining 
 , doubt is, what the law means by a true prefent- 
 fnent ; for what the law means, muft be the rule 
 of our interpretation, and the meafure of your 
 duty. Sir Matthew Hale, whom I always 
 name with applaufe, was of opinion, that if /ro- 
 bable evidence be given for the" king, the grand 
 inqueft ought to find the bill true ; for it is but 
 an accufation, that is, the denunciation of a per- 
 fon, who, as they verily believe, ought to be 
 fried : this opinion has been attacked with fome 
 warmth ; becaufe the grand jury are fworn, it is 
 faid, to prefent the whole truth ^ and, it is added 
 erronepully, nothing but the truth, and ought, 
 therefore, to have the fame perfuafion, that an in- 
 didtment is true, with the petit jury, who take 
 the fame oath. I conceive the opinion of that 
 great judge to be, if we rightly underftand it, 
 confonant to law. He could not mean a remote 
 
CHARGE to THE GRAND JURY. fti 
 
 iand light probability, or flender furmife, but 
 ufed the vford. ff-obable, in a ftrong and impha»* 
 tical fenfe, for an approximation to the truth as 
 far as the grand jury can fafely aflert it. Pro- 
 ■bability has nlany fhades or degrees, from the 
 wea;keft, which borders oil negation, to the 
 flrongeft, which touches the confines of cer- 
 tainty; and heufes the pofitive degree tntenjively.^ 
 as the word diligent is ufed by the Roman law- 
 yers: that you, who hear only one fide, fliould 
 have //5^ y^»2^ perfuafion with the petit jury, 
 .who hear both fides, is impoffible ; and the law 
 requires no impoffibility. Nor is the w6rd true 
 invariably oppofed to falfey but often, both ia 
 popular and technical language, means correSi or 
 exa3i, faithful ox Juji : a verdi£t is true, when it 
 is exactly conformable to the evidence^ though 
 .many fuchverdifts have proved, in a ftrid: and 
 logical fenfe, unhappily falfe. To prevent mif- 
 takes the word is qualified, in the oath of petit 
 jurors, by t'he phrafe according to the evidence ^ 
 and in yours by. the words as the things fhall come 
 to your knotvledge. The law intends generally, 
 that the guilty fhall be pujiifhed and the inno- 
 cent jufl:ified, but particularly, that you, gentle- 
 men, ihould find on good grounds a juft accu- 
 sation, and that the petit jury, having heard both 
 ,8i£Cufation^nd.defence, fliOuld weigh the whole 
 
62 CHARGE to THI: GRAND JURt. 
 
 evidence and " give their verdiB, or true faying^ 
 according to the preponderai^t fcale. L*Jv.MBARI> 
 applies the word verdiSl to an indidment, be- 
 eaufe it is true, as far as evidence on one fide 
 can eftablifh the truth. The refult of my rea*. 
 foning is, that you fhould be perfuaded, as far as 
 you have knowledge, that the accufation is juft, 
 and the bill true inyj/i^^wfe. As to mere y«»rza» 
 it is not the intention of the law, that you fliould 
 precifely afcertain the truth of it: for inftahce,th« 
 offence muft be laid on a certain day before the 
 feffion, which is one day in law ; but on what 
 particular day is of no confequence ; and what 
 the law pronounces immaterial, cannot be ma- 
 terial in confcience of which the la<v, as we have 
 eftablifhed, is the guide. Again -, the law fup- 
 pofes, that atrocious offenders muft have aban- 
 doned the fear of Gorr; yet a wretch, who had 
 abandoned every thing elfe, confeffed before his 
 execution in the north of England, that, in the 
 very moment before he murdered a fleeping 
 man, he meditated on the awfulnefs of the di- 
 vine Majefty, and implored on his knees a deli- 
 verance from temptation : had fuch a mixture 
 of religion and wickedriefs been proved before 
 the grand inqueft, they would not furely have 
 thought themfelves bound by their oath, to put a 
 negative On the formal phrafe iff the iftdidment. 
 
CHARGE TO THE GRAND JURY. C| 
 
 Let ms now return to the calendar : when you 
 find a bill for murder or burglary, as a. regard 
 for publick juftiC:e, and a tendernefs for the 
 party accufcd, may in many cafes require, you 
 conform to the intention of the law, anxi are not 
 underftood to aflett the abfolute verity, but to 
 prefer. a juft accuiation ; leaving the petit jury, 
 with the affiftance of the court, to afcertain the 
 precife degree of guilt ; for it is neither con- 
 fiftent with the ftridl juftice of the law, that 
 a great offence fhould be ftifled, nor with 
 its provident benignity, that a man who muH 
 be acquitted arid diffcharged if his cafe be 
 found fpecially, fhould be liable many years 
 afterwards, when all his witrielTes may be 
 dead, to an indidlmen^ for a capital crime. 
 'Neverthelefs, if you believe on the evidence 
 for the profecution, that there was no ma-- 
 lice, or that any one ingredient of burglary 
 was out of the cafe, you are at liberty, no 
 doubt, to rejeft the bills, and to call for 
 others Inore agreeable to the truth ; or, if you 
 t^iink the witnelfes unworthy of credit , or 
 their tale undeferving of belief, you may re- 
 jed them altogether; but though In moft 
 cafes you have a difcretion, which the fe- 
 crecy of your deliberations and refolves na- 
 turally encourages, yet you will remember^- 
 
m CHARGE TO THE GRAKD JURTf. 
 
 that It muft be a confcientious and legal dlf- 
 cretion ; like perfedt hiftorians, fbvL will noi: 
 fear to fay any thing that is true, nor daref 
 to fay any thing that is falfe 5 biit will fo adt 
 in every part of your duty, that the innoj 
 cent may approach the tribunal without ap-' 
 prehenfion of danger, and the guilty leave il 
 without complaining of injuftiee. 
 
CHARGE 
 
 TO THE 
 
 GR4ND JUUY, 
 
 AT CALCUTTA, DELIVERED JUNE 9, J 793, 
 
 GENTLEMEN OF THE GRAND IN2UEST, 
 
 If any point of criminal law, a full difcuf- 
 fion of which might ferve to guide you in 
 finding or rejecting bills, or in defitihg neW 
 ones to be prepared, either arofe from fads 
 witliin my private knowledge or could be col- 
 ie<^ed from this calendar, you would not find 
 me reludtant, merely for the fake of faving my 
 own trouble or your time, in enlarging on it 
 copioufly to the beft of my abilities j but no 
 fuch point really occurs. There are only two 
 commitments by myfelf, and thofe in cafes 
 of fo little moment, (though it was impbffibld 
 ^o pafs them over without notice) that I had 
 no doubt of bail ^)eing given by the parties 
 committed; and^ a^ to the treatment ofpi:ifon»s 
 
 VOL. v. F 
 
6S CttARGE TO THE GRAND JURY. -^ ,' 
 
 before conviaion, (a fubjedt,^ which I always 
 had much at heaitt) I have the. pleafure of be- 
 lieving, that the keeper of the prifon is fully ap-^ 
 prized of his duty on that head, and would on no 
 account apply any rigorous mode of confinement 
 to perfons, whom- the law prefumes innocent 
 arid only detains for a fair trial, unlefs they fhould 
 prove intractable and riotous, or had attempted 
 an efcape. As to the calendar, it fpecifies only 
 twenty-fix new commitments, the other perfons 
 named in it having been indicted at a former 
 feffion ; and of that jjumber, three are cafes of 
 homicide; two, of perjury; and one, of robbery; 
 befides lyhieh thefe "are feveral aggravated, af-J 
 faultjS, grand larcinies, and cheats or , criminal 
 frauds ;,DfrenceSj on ^which the law (as far as 
 you are concerned in knowing it) is either, 
 fo Glea,r iin itfelf, or; has been made fo clear- 
 by concurrent opinions delivered .from'; this! 
 bench, that it would at prefent be fuper-? 
 fiupus to expatiate on it : the reft sxt petit 
 larcinies^ common a/Jaults, and^ inferiour' mifde- 
 meanors; the comparative ;, pumberj.of which, 
 in this calendar fuggefts one topick, which 
 I will very fiiortly diftufs ; requefting oyo» 
 to ,bp affured, that I intend rko. difrefpea: to 
 any one living, even if my Opinion', fhould 
 differ (which I do not ktiow) . from that of 
 
CHARGE TO THE GRAND JURY. 67 
 
 Others prefent or abfent : much lefs do I 
 mean to infinuate, that you can fail to pay 
 the utmoft attention even to the moll tri- 
 vial/cafes, that can be brought before you; 
 bat, lince the topick feems to me of great 
 confcquence, I fhall enter upon it with- 
 out referve ; not imperioufly obtruding my 
 judgement on yours, but calmly reafoning 
 with you, as a man, who loves his coun- 
 try, fliould reafon with men, who equally 
 love it. 
 
 This then is the point, which I engage to 
 maintain : that no vpenal cafe, how infignificant 
 foever in itfelf, is below the ferious attention of a 
 grand inqueft, who cannot but fet a juft value 
 on our imcomparable mode of trial by jury; 
 becaufe, if they once convince the publick, that 
 they think flight offences below their notice, 
 the neceflities of that publick, to whom a num- 
 ber- pf fmall crimes are a great evil, will oblige 
 them to wifli for fummary jurifdiftions; and 
 every fummary jurifdidtion is a flur on trials by 
 jury, and confequently a ftep towards eftablifli- 
 ing arbitrary power. 
 
 It is agreed by all, who have coolly and impar- 
 tially ftudied our noble conftitution, as declared by 
 many ftatutes from the great charter to the bill 
 of rights, all which, you know, are folemn re- 
 
 F 2 * 
 
68 CHARGE TO THE GRAND JURT- 
 
 cognitions of our ancient publick law, that thte€ 
 peculiar advantages are conferred by that facred 
 law on the peop/e of England^ or on allfubjeShi 
 who are not noble, hut may^ if they pleafe, be mde- 
 pendent ; firft, a diftind: unalienable third fhar© 
 of the legiflative power ; next, a right, coupled 
 with a duty, of keeping and ufing arnis for the' 
 defence of their perfons and habitations, as well 
 as of their feveral counties, when the fheriiFs 
 ftiall call for their aid ; thirdly, the right of being 
 tried, when impleaded or accufed, by their 
 equals freely chofen, inftead of appointed offi- 
 cers, to whom they cannot except. Now, 
 ihould the time ever come (may it long, 
 very long, be averted !) when the fervants 
 of the crown, through the blandifhments of 
 that patronage, with Which they are ufually in- 
 trufted, fhall obtain over both legiflative houfes 
 an influence limited only by their prudence in 
 exerting it ; and fhould the day ever come 
 (which to me vvould feem no lefs difgraceful) 
 when the counties of England fhall be wholly 
 unable to defend themfelves againft riots; in- 
 furredions, or invafions, without the fupport 
 of a Handing army, you muft be fenfible, that, 
 in thofe events, the trial hy jury would be the 
 only anchor left, that could preferve our con- 
 ftitution frofn total Ihipvv^jeck. Great theii 
 
.CHARGE TO THE GRAND JURY. 69 
 
 Hiuft be the importance of encouraging and 
 ch^ifhing to the utmoft a mode of trial fo 
 truly ineftimable ; and you will allow me here 
 to recite a paffage from Sir.MATTHEW Hale, 
 of whofe cha.ra£ter, taking it all in all, we 
 may very juftly fay, that it has never been 
 equalled: '* I have feen, fays that experienced 
 ** and virtuous man, I have feen arbitrary 
 ** pra£tice ftill go from one thing to another : 
 *' the fines upon grand inquefts begaii; then they 
 " fet fines upon the petit juries for not finding 
 " according to the directions of the court ; af- 
 *' terwards the judges proceeded to fine jurors 
 " in civil caufes, if they gave not a verdict ac- 
 *' cording to direftion even in points of fadl." 
 The inftance ^ven by him is very ftrong; but it 
 is the principle, which I apply ^ and we niay 
 thence infer, that, if any acknowledged fub- 
 je<3:s of Britain (for a different faith or com- 
 plexion can make no difference in juHice and 
 right) ihall be tried, convidted, and punifhed 
 by a fummaryjurifdidion, however conflituted, 
 for petit larcinies, breaches of the peace, and 
 other mi/demeanors, andr~all offences inferiour to 
 felony, it will be a fubfeqiient ftep to try them 
 for grandjarciny and for 2^ fehnies within tlxe 
 benefit of clergy; after which the transition 
 to felonies without that benefit will n.ot he 
 
70 CHARGE TO THE GRAND JURr. 
 
 more abrupt than the third ftride, which had 
 a£tually come to the knowledge of the learned 
 and excellent judge, whom I always name with 
 honour and cite with confidence. The pfo-' 
 grefs of arbitrary power is commonly flow at 
 firft, and imperceptible to all but the vigilant, 
 like the creeping of a tiger at night in a brake ; 
 and it behoves us, by all decent and le^al 
 means, to guard pofterity againft that ultimate 
 fpring, from which nothing lefs then the doubt- 
 ful horrours of civil war might be able to pro^ 
 left them. 
 
 The convenience^ indeed, of fummary jurifdic- 
 tions I am ready to admit ; but it might be ftill 
 more convenient to part with other conftitutional 
 rights, which are attended with troublefome 
 duties; and we muft always remember what 
 has often been faid, that fome inconvenience 
 and trouble are the price, which free men 
 muft neceffarily pay for their freedom. To 
 conclude : though all, who hear mes- have, I 
 am perfuaded, the fame generous fentiments 
 with myfelf on this point, yet I was defirous 
 of impreffing it forcibly on your minds ; for; 
 fhould our numerpus fellow-fubjefbs, who 
 will, I truft, revifit their common country, 
 carry back with them an indifference, con- 
 traded at this diftance from it, to the prih- 
 
CHARGE TO THE GRAND JURY. 71 
 
 ciples of its publick law, fome future age (per- 
 haps an age not very diftant) may have juft oc- 
 cafion to exclaim : *' It had been happy for us, 
 " if a Britijh dominion had never been efta- 
 «' blifhed in Afiar 
 
INSTITUTES 
 
 OF 
 
 HINDU LAW: 
 
 OR, 
 
 THE ORDINANCES OF MENU, 
 
 ACCOKSING TO THE 
 
 GLOSS OF CULLUCA. 
 
 COMPMSINjS T»E 
 
 INDIAN SYSTEM OF DUTIES, 
 
 RELIGIOUS AND CIV J I. 
 
 VERBALLY TRANSLATED FROM THE OWGINAL SANSCRIT. 
 
 ■WJTS 
 
 A PREFACE, 
 BY 5IR WILLIAM JON^, 
 
THE PREFACE, 
 
 It is a maxim in the fcience of legiflation and 
 government, that Laws are of no anjail without 
 manners, or, to explain the fentence more fully,' 
 that the beft intended legiflative provilions 
 would have no beneficial effed: even at firft, and 
 none at all in a fliort courfe of time, tmlefe they 
 were congenial to the difpofition and habits, to 
 the religious prejudices, and approved immemo- 
 rial ufages, of the people, for whom they were 
 ena6ledj efpecially if that people univerfally 
 and fmcerely believed, that all their ancient 
 ufages and eftablifhed rules of conduA had the 
 fandtionof an a d:ual revelation from heaven: 
 the legiflature oi Britain having (hewn, in com- 
 pliance with this maxim, an intention to leave the 
 natives of thefe Indian provinces in poflTeflion of 
 their own Laws, at leaft on the \xx\e&oicontraEis 
 and inheritances^ we may humbly prefume, that 
 all future provifions, for the admiaiftration of 
 jullice and government in India, will be cou^ 
 formable, as far as the nativet are afiefled 
 
76 THE PREFACE. 
 
 by them, to the manners and opinions of the 
 natives themfelves ; an objedt, which cannot 
 poffibly be attained, until thofe manners and 
 <5Fpinions can be fully and accurately known. 
 Thefe confiderations, and a few others more 
 immediately within my province, were niy prin- 
 cipal motives for wilhing to know, and have 
 induced me at length to publifh, that fyftem 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, fon or grandfon of Brahma', 
 or, in plain language, the firft of created beings, 
 and not the pldeft only, but the holieft, of legif- 
 lators; a fyftena.fo comprehenfive and fo mi- 
 nutely exadt, th^t it may be confidered as the 
 Infiitutes of Ilindu Law, preparatory to the co- 
 pious Digeji, which, has lately been compiled by 
 Bmdits of eminent learniing, and introdu<9:ory 
 perhaps to a .Code., whiqh may fupply the many 
 natural defefts in the old jurifprudence of this 
 country, and, without any deviation from its 
 principles, accomni,odate it juftly to the im- 
 provements of a comrpercial age. 
 
 We are loft in an inextricable labyrinth of 
 imaginary aftronomipal cycles, Tugas^ Mahd- 
 yugas, CalpaSy,a.nd Menwantaras, in. attempting 
 to calculate the time, when the firft M:eNu, ac- 
 cording tO; the Brahmens, governed this world. 
 
THE PREFACE. 17 
 
 and became the progenitor of mankind, who 
 from him are called Mdnavdh ; nor can we, it} 
 cloudied are the old hiftory and chronology of 
 India with- fables and alfegories, afcertain the 
 precife age, when the work, now prefehted to the 
 Publick, was a£^ally compofed : but we are in 
 poffeffioii of fomc evidence, partly extrinfick and 
 partly internal, that it Is really one of the oldefl: 
 compofitions'exlftiiig. From a tfext of P A R a'6 A B, A, 
 difcovered by Mr. Davis, it appears, that the 
 vernal eqiiinox had gone back from the tenth 
 degree of Bharani to the Jirjf of Afwim, or 
 twenty-three degrees and twenty minutes^ between 
 the days of that Indian phiJofopher, and the 
 jrear of our Lord 499, when it coincided 
 with the origin of the Hindu ecliptick; fb that 
 Para'sara probably flourifhed near the clofe 
 of the twelfth century before Christ: now 
 Para'sara was the grandfpn of another fage, 
 named Va'SIShi^'ha, who is often mentioned 
 in the laws of Menu, and once as contemporary 
 with the divine Bhrigu himfelf; but the charac- 
 ter of Bhrigu, and the whole dramatical ar- 
 rangement of the book before us, are clearly 
 fidlitious and ornamental, with a defign, too 
 common among ancient lawgivers, of ftamping 
 authority on the work by the introdudtion of 
 fupernatural perfonages, though Vasisht'ha 
 may have lived many generations before the ac- 
 
7». THE PREFACE, 
 
 Kb 
 
 tual writerofitj wha names him, indeed. In one 
 or two places as a philofopher in an earlier pe^ 
 rlod. The ftyle, however, and metre of this 
 work (which there is not the fmalleft reafon to 
 think afFeftedly obfolete) are widely difFerent 
 from, the language and metrical rules of Ca'li- 
 da's,. who unqueftionably wrote before the be- 
 ginning of our era ; and the dialed of Menu is 
 even obferved in many paiTages to referable that 
 of the Veda, particularly in a departure from the 
 more modern grammatical forms ; whence it 
 muft at firft view feem very probable, that the 
 laws, now brought to light, were confiderably 
 older than thofe of Solon or even of Lycur- 
 GUs, although the promulgation of them, before 
 they were reduced to writing, might have been 
 coeval with the firft monarchies eftablifhed in 
 Egypt, or Afia : but, having had the Angular 
 good fortune to procure ancient copies of eleven 
 Upanijhads with a very perfpicuous- comment, 
 I am enabled to fix with more exa£tnefs the pro- 
 bable age of the work before us, and even to limit 
 its higheft poflible age, by a mode of reafoning, 
 which may be thought new, but will be found, 
 I perfuade myfelf, fatisfadory ; if the Publick 
 fhall on this occafion give me credit for a few 
 very curious fads, which, though capable of 
 ftria proof, can at prefent be only aflerted. The 
 Sanjcrit of the three firft Yedas (I need not here 
 
'THE PREFACE. 79 
 
 ipeakqf the, fourth;) that of this M4mv& Bherma 
 Siaflfo^ and tbAtoi the, Purdnas, differ; from each 
 other in pretty exad^ proportion to the Latin of 
 NuMA, 'from whofe laws entire fentendes are 
 freferved, that of Appius, which we fee in the 
 fragments ,,of the , Twelve Tables, , and that of 
 Cicero, or of Lucretius, where he has not 
 affefted.an obfolete ftyle : if the feveral changes, 
 therefore, of Sanfcrit and Latin took place,' as 
 we may fairly afTume, in times very nearly pro- 
 portional, th& Fedas muft have. been written 
 about 300 years before thefe Inftitutes, and abotil; 
 600 beforie the Purdnas and Itihdfas, which, I 
 am fully convinced, were not the produdlions of 
 Vy a'sa ; fo that, if the fon t)f Pa r a'sar a com- 
 mitted the traditional Vedas to writing in the 
 Sanfcrit of his father's time, the original of this 
 book.muft have received its prefent form about 880 
 years before Christ's birth. - If the texts, in- 
 deed, vyhichVY a'sa cone6^ed, had been adually 
 written, in a much older dialeft, by the fages 
 preceding him, we muft inquire into the greajieft 
 poflible age of the Vedas themfelves : now one 
 of the longeft and fineft Vpahijhads in the 
 fecOnd Ve-u contains three lifts, in a regular fe- 
 ries upwards, of at moA forty-two pupils and 
 preceptors, who fucceffively received and tranf- 
 mitted (probably by oral tradition) the dod:rines 
 contained in that Upanifbad-j and, as the old /«- 
 
m THE PREFACE. 
 
 dian priefts were ftudents dXjifUen^ and inftruc- 
 tors aX. tt^eniy-five^ we cannot allow more than 
 ten years on an average for each interval between 
 the refpedtive traditions; whence, as there are 
 forty fuch intervals, in two of the lifts, between 
 VvA'sAjwho arranged the whole work; and 
 Aya'sya, - who is extolled^ at the beginning of 
 £t, and juft as many, in the third lift, hetween the 
 compiler and Ya'jnyaWaxcya, who makes 
 the principal figure in it, we find the higheft 
 age of the Taj ur 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 lawtraft about 1280 years before the 
 fame epoch. The former date, however, feems 
 the more probable of the two, becaufe the Hindu 
 fages are faid to have delivered their knowledge 
 orally, and the very word Sruta^ which we often 
 fee ufed for the Veda itfelf, means vphat was 
 heard; not to infift, that Cullu'ca exprefsly 
 declares the fenfe of the Veda to be conveyed in' 
 the language of Yy A's A. Whether Menu, or 
 Menus in the nominative and Me no's in an 
 oblique cafe, was the fame perfonage with Mi- 
 nos, let others determine; but he muft indubi- 
 tably have been far older than the work, which 
 contains his laws, and, though perhaps he was 
 never in Crete^ yet fome of his inftitutions may 
 well have been adopted in that ifland, whence 
 
THE PREFACE. - 81 
 
 Lycurgus a century or two afterwards may 
 have imported them to Sparta. 
 
 There is certainly a ftrong refetr^blance, though 
 obfcured and faded by time, between our Menu 
 with his divine Bull, whom he names as Dher- 
 'MA himfelf, or the genius of abftra£t juflice, and 
 the Mneues of Egypt with hjs companion or 
 fymbol, Apis; and, though we fhould be con- 
 ftantly on our guard againfl: the delufion of ety- 
 mological conje(5lure, yet we cannot but admit 
 that MiNos and Mneues, or Mneuis, have only 
 Greek terminations, but that the crude noun is 
 compofed of the fame radica;! letters both in Greek 
 and m Sanfcrit. * That Apis and Mneuis, fayg 
 
 * the Analyft of ancient Mythology, were both 
 
 * reprefentations of fome perfonage, appears from 
 
 * the teftimony of Lycophron and his fcholiaft; 
 
 * and that. perfonage was the fame, who in Crete 
 
 * was ftyled Minos, and who was alfo repre- 
 
 * fented under the emblem of the Minotaur: 
 - DioDORus, who confines him to Egypt^ fpeaks 
 ' of him by the title of the bull Mneuis, as the 
 
 * firft lawgiver, and fays, " 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 moft exalted foul, and a great 
 *' promoter of civil fociety, which he benefited 
 ** by his laws; that thofc laws were unwritten,and 
 " received by him from the chief Egyptian d^^ity 
 
 VOL. V. # 
 
82 THE PREFACE. 
 
 " Hermes, who conferred them on the world 
 *' as a gift of the higheft importance." He was 
 ' the fame, adds my learned friend, with Menes, 
 
 * whom the Egyptians reprefented as their firfl: 
 
 * king and principal benefa(flor,who firftfacrificed 
 ' to the gods, and brought about a great change 
 
 * in diet.' If Minos, the fon of Jupiter, 
 whom the Cretans^ from national vanity, 
 might have made a native of their own 
 ifland, was really the fame perfon with Menu, 
 the fon of Brahma', we have the good fortune 
 to rellore, by means of Indian literature, the 
 moft celebrated fyftem of heathen jurifprudence, 
 and this work might have been entitled The 
 Laws q/ Minos; but the paradox is too fmgular 
 to be confidently aflerted, and the geographical 
 part of the book, with moft of the allufions to 
 natural hiftory, muft indubitably have been . 
 written after the Hindu race had fettled to the 
 fouth of Himalaya. We cannot but remark that 
 the word Menu has no relation whatever to the 
 Moon; and that it was the feventb, not the Jirjly 
 of that name, whom the Brahmens believe to 
 have been-preferved in an ark from the generai >: 
 deluge: him^ they call the Child of the Sun, to 
 diftinguifh him from our legillator ; but they 
 affign to his brother Yam A the office (which the 
 Greeks were pleafed to confer on Minos),o/' 
 Judge in thejloades below. 
 
THE PREFACE. 83 
 
 The name of Menu is clearly derived (like 
 menes, mens, and mind) from the root men to un~ 
 derfiand ; and it fignifies, as all the Pandits 
 agree, intelligent^ particularly in the dodrines of 
 the Veda, which the compofer of our Dherma 
 Sdjlra muft have ftudied very diligently ; fince 
 great numbers of its texts, changed only in a few 
 fyllables for the fake of the meafure, are inter- 
 fperfed through the work and cited at length in 
 the commentaries : the Publick may, therefore, 
 affure themfelves, that they now poflefs a confi- 
 derable part of the Hindu fcripture, without the 
 dullnefs of its profane ritual or much of its myf- 
 tical jargon. Da'ra Shucu'h was perfuaded, 
 and not without folmd reafon, that the firft 
 Menu oi ih& Brahmens conldihQ no other perfon 
 than theprogenitor of mankind, to whom "Jews, 
 Chrijiians, and Mufelmdns unite in giving the 
 name of Adam ; but, whoever he might have 
 been, he is highly honoured by name in the 
 VMa itfelf, where it is declared, that ' whatever 
 ' Menu pronounced, was a medicine for the 
 foul ;' and the fage Vrihaspeti, now fup- 
 pofed to prefide over the planet yupiter, fays in 
 his own law tradt, that ' Menu held the firft 
 ' rank among legiflators, becaufe he had expreffed 
 
 * in his code the whole fenfe of the Vida ; that 
 
 * no code was approved, which contradidted 
 
 * Menu ; that other Sdjlras, and treatifes on 
 
 G 2 
 
M THE PREFACE. 
 
 * grammar or logick, retained fplendour fo long 
 ' only as Me Nu, who taught the way to juft wealtsh^ 
 
 * to virtue, and to final happinefs, was not feen 
 
 * in competition with them:* Vyasa too, the 
 fon of Para'sara before mentioned, has de- 
 cided, that ' the Feda with its Angus, or the 
 
 * fix compofjtions deduced from it, the revealed 
 ' fyftem of medicine, the Purdnas, or facred hif- 
 
 * tories^ and the code of Menij, were four works 
 ' of fupreme authority, which ought never to be 
 
 * fhaken by arguments merely human.' 
 
 It is the general opinion of Pandits^ that 
 Brahma' taught his laws to Menu in a burir- 
 dred thoufand verfes, which Menu explained 
 to the primitive world in the very words of the 
 book now tranflated, where he names himfelf, 
 after the manner of ancient fages, in the third 
 perfon ; but, in a fhort preface to the lawtrad of 
 Naked, it is aflerted, that * Menu, having 
 
 * written the laws of Brahma' in a hundred 
 
 * thoufand Jl4&as or couplets, arranged under 
 
 * twenty-four heads in a thoufand chapters, deli- 
 
 * vered the work to Na'red, the fage among 
 
 * gods, who abridged it, for the ufe of mankind, 
 
 * in twelve thoufand verfes, and gave them to a 
 
 * fon of Bhrigu, named Sumati, who, for 
 
 * greater eafe to the human race, reduced them 
 ' to four thoufand ; that mortals read only the 
 
 * feeond abridgement by Sumati, while the 
 
THE PREFACE. 85 
 
 * gods of the lower heaven, and the band of ce- 
 
 * leftial muflcians, are engaged in ftudying the 
 ' primary code, beginning with the fifth verfe, a 
 
 * iittle varied, of the work now extant on earth ; 
 
 * but that nothing remains of Na'red's abridge- 
 
 * ment, except an elegant epitome of the ninth 
 
 * original title on the adminiftration of jujlice.* 
 Now, fince thefe inftitutes confift only of two 
 thoujandjix hundred and eighty-five verfes, they 
 cannot be the v/hole work afcribed to Sumati, 
 which is probably diftinguifhed by the name of 
 the Vriddha, or ancient, Mdnava, and cannot 
 be found entire ; though feveral paflages from 
 it, which have been preferved by tradition, are 
 occafionally cited in the new digeft. 
 
 A number of glofles or comments on Menu 
 were compofed by the Munis, or old philofo- 
 phers, whofe treatifes, together with that before 
 us, conftitute the Dhermafdjtra, in a coUeeiive 
 fenfe, or Body of Law ; among the more mo- 
 dern commentaries, that called Medhdtifhi, that 
 by Go'viNDARAjA, and that by Dharani'- 
 Dhera, were once in the greateft repute ; but 
 the firfl; was reckoned prolix and unequal; the 
 feeond, concife but obfcure ; and the third, often 
 erroneous. At length appeared Cullu'ca 
 Bhatta; who, after a painful courfe of ftudy, 
 and the collation of numerous manufcripts, pro- 
 duced a work, of which it may, perhaps, be faid 
 
85 THE PREFACE. 
 
 very truly, that it is the fhortefl, yet the moft 
 luminous, the leaft oftentatious, yet the moft 
 learned, the deepeft, yet^the moft agreeable, com- 
 mentary ever compofed on any author ancient or 
 modern, European or JJiatick. The Pandits care 
 fo little for genuine chronology, that hone of 
 them can tell me the age of Cullu'ca, whom 
 they always name with applaufe ; but he informsi 
 us himfelf, that he was a Brahmen of the Vd- 
 rendra tribe, whofe family had been long fettled 
 in Gaur or Bengal^ but that he had chofen his 
 refidence among the learned on the banks of the 
 holy river at Cdji. His text and interpretation 
 I have almoft implicitly followed, though I had 
 myfelf collated many copies of Menu, and 
 among them a manufcript of a very ancient 
 date : his glofs is here printed in Italicks ; and 
 any reader, who may choofe to pafs it over as 
 if unprinted, w^ill have in Roman letters an exa6| 
 verfion of the original, and may form fome idea 
 of its charader and ftrudture, as well as of the 
 Sanfcrit idiom, which muft neceflarily be pre- 
 ferved in a verbal tranflation ; and a tranflation, 
 not fcrupuloufly verbal, would have been highly 
 improper in a work on fo delicate and momentr. 
 ous a fubjedt as private and criminal juriff 
 prudence. 
 
 Should a feries of Brahmens omit, for threq 
 generations, the reading of Menu, their h" 
 
THE PREFACE. 81 
 
 cerdotal clafs, as all the Ptindits aflure me, 
 would in ftridtnefs be forfeited ; but they muft 
 explain it only to their pupils of the three higheft 
 olalTes ; and the Brahmen, who read it with me, 
 requefted moft earneftly, that his name might be 
 concealed ; nor would he have read it for any 
 confideration on a forbidden day of the moon, 
 or v/ithout the ceremonies prefcribed in the fe- 
 cond and fourth chapters for a le61ure on the 
 Veda : fo great, indeed, is the idea of fan£tity 
 annexed to this book, that, when the chief na- 
 tive magiftrate at Banares endeavoured, at my 
 requeft, to procure a Perfian tranflation of it, 
 before I had a hope of being at any time able 
 to underftand the original, the Pandits of his 
 court unanimoufly and pofitively refufed to aflift 
 in the work, nor ihould I have procured it at all, 
 if a wealthy Hindu at Gayd had not caufed the 
 verfion to be made by fome of his dependants, 
 at the defire of my friend Mr. Law. The 
 Perjian tranflation of Menu, like all others 
 from the Sanfcrit into that language, is a rude 
 intermixture of the text, loofely rendered, with 
 fome old or new comment, and often with the 
 crude notions of the tranflator; and, though 
 it exprefles the general fenfe of the origi- 
 nal, yet it fwarms with errours, imputable 
 partly, to hafte, and partly to ignorance i 
 
88 THE PREFACE. 
 
 thus where Menu fays, that emijfaries arc 
 the eyes of a prince, the Perfian phrgife makes 
 him afcribe/owr eyes to the perfon of a king; 
 for the word chdr^ which means an emijfary 
 in Sanfcrit, fignifies four in the popular dia- 
 led. 
 
 The work, now prefented to the European 
 world, contains abundance of curious matter 
 extremely interefting both to fpeculative lawyers 
 and antiquaries, with many beauties, which need 
 not be pointed out, and with many blemifhes, 
 which cannot be juftified or palliated. It is a 
 fyftem of defpotifm and prieftcraft, -both in- 
 deed limited by law, but artfully confpir- 
 ing to give mutual fupport, though with mu- 
 tual' checks 5 it is filled with ftrange conceits in 
 metaphyficks and natural philofophy, with idle 
 fuperftitions, and with a fcheme of theology 
 moft obfcurely figurative, and confequendy 
 liable to dangerous mifconception ; it abounds 
 with minute and childifh formalities, with ce- 
 remonies generally abfiird and often ridiculous ; 
 the punifhments are partial and fanciful, for 
 fome crimes dreadfully cruel, for others repre- 
 henfibly flight; and the very morals, though 
 rigid enough on the whole, are in one or two in- 
 ftances (as in the cafe of light oaths and of pious 
 perjury) unaccountably relaxed : neverthelefs, a 
 
THE PREFACE. 89 
 
 fpirit of fublime devotion, of benevolence to 
 mankind, and of amiable tendernefs to all 
 fentient creatures, pervades the -whole v^rork ; the 
 ftyle of it has a certain auftere majefty, that founds 
 like the language of legiflation and extorts a re- 
 fpedtful aw€; the fentiments of independence on 
 all beings bat God, and the harlh admonitions 
 even to kings, are truly noble ; and the many pa- 
 negyricks on the Gdyatri^ the Mother^ as it is 
 called, of the Veda, prove the author to have 
 adored[not the vifible material ^«, but) tbatdivine 
 and incomparably gf eater light, to ufethe words of 
 the moft venerable text in the Indian! fcripture, 
 which illumines all, delights all,from which allpro- 
 ceed^ to which all muji return, and which alone 
 can irradiate (not our vifual organs merely, but 
 our fouls and) our intelle£ls. Whatever opinion 
 in fhort may be formed of Menu and his laws, 
 in a country happily enlightened by found, phi- 
 lofophy and the only true revelation, it muft be 
 remembered, that thofe laws are adtually revered, 
 as the word of the Moft High, by nations of 
 great importance to the political and commercial 
 interefts of Europe, and particularly by many 
 miWions oi Hindu fubjeds, whofe well diredted 
 induftry would add largely to the wealth of Bri- 
 tain, and who afk no more in return than pro- 
 tedion for their perfons and places of abode. 
 
90 THE PREFACE. 
 
 juftlce in their temporal concerns, indulgence to 
 the prejudices of their own religion, and the 
 benefit of thofe laws, which they have been 
 taught to believe facred, and which alone they 
 can poffibly comprehend. 
 
 W. JONES, 
 
rrHE 
 
 LAWS OF MENU, 
 
 SON OF BRAHMA. 
 
 CHAPTER THE FIRST, 
 
 On the Cpeaiion; with a Summary of ihe Contents^ 
 
 J, Menu 7^^ reclined, with his attention fixed 
 on one objed:, the fupreme God; when the di- 
 vine Sages approached him^ and, after mutual 
 falutations in due form, delivered the foilowiBg 
 addrefs : 
 
 2. * Deign, fovereign ruler, to apprize us ot 
 
 * the facred laws in their order, as they muft be 
 
 * followed by all xhefour clafles, and by each of 
 
 * them, in their feveral degrees, together with the 
 
 * duties of every mixed clafs j 
 
 3. ' For thou. Lord, and thou only among 
 
 * mortals, knpweft the true fenfe, the firft prin- 
 
 * ciple, and the prefcribed ceremonies, of this 
 
 * univerfal, fupernatural Ved^ unlimited in ex,- 
 
 * tent and unequalled in authority.' 
 
©2 ON THE CREATION} WITH A 
 
 4. He, whofe powers were meafurelefs, being 
 thus requefted by the great Sages, whofe thoughts 
 were profound; faluted'them all with reverence, 
 and gave them a comprehenfive dSiivftr, faying: 
 ' Be it heard ! 
 
 5. ' This univerfe exifted only in thefirjl di- 
 
 * vine idea yet unexpanded, as if involved in dark- 
 
 * nefs, imperceptible, undefinable, undifcoverable 
 ' by reafon, and undifcovered by revelation, as if it 
 
 * were wholly immerfed in fleep: 
 
 6. ' Then the fole felf-exilling power, him- 
 ' felf undifcerned, but making this world dif- 
 
 * cernible, with five elements and other princi- 
 
 * pies of nature, appeared with undiminiflied 
 ' glory, expanding ^ his idea, or difpelling the 
 
 * gloom. 
 
 7. ' He, whom the mind alone can perceive, 
 
 * whofe effence eludes the external organs, who 
 ' has no vifible parts, who exifts from eternity, 
 ' even he, the foul of all beings, whom no being 
 
 * can comprehend, flione forth in perfon. 
 
 8. ' He, having willed to produce various 
 
 * beihgs from his own divine fubftance, firft with 
 ' a thought created the waters, and placed in 
 
 * them a produdive feed: 
 
 9. ' Thai feed became an egg bright as gold, 
 ' blazing like the luminary with a thoufand 
 * -beams ^ and in that egg he was born himfelf, in 
 
~ SUMMARt OF THE CONTENTS. 93 
 
 * the farm of Brahma', the great forefather of 
 
 * all fpirits. 
 
 lo. ' The waters are called ndfd, becaufe 
 
 * they were the produftioa of Nara, or the 
 ^ Jpirit of God; and, fince they were his firft 
 ' ayana, or place of motion^ he thence is named 
 
 * Na'ra'yana, or moving on the tvaters. 
 
 il. * From THAT WHICH IS, the firft caufe, 
 
 * not the object of fenfe^ exifting every where in 
 
 * fuhftance, not exifting ^o 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 fat inactive 
 
 * a whole year of the Creator, at the clofe of which 
 
 ' by his thought alone he caufed the egg to di- ' 
 
 * vide itfelf ; 
 
 13. ' And from its two divifions he framed 
 
 * the heaven above and the Qaxth beneath : in 
 ' the midft he -placed the fubtil ether, the eight 
 
 * regions, and the permanent receptacle of 
 
 * waters. 
 
 14. ' From the fupreme foul he drew forth 
 
 * Mind, exifting fubftantially though unper- 
 
 * ceived by fenfe, immaterial ; and, before mind-, 
 
 * or the reafoning power, he produced confciouf^ 
 ' nefs, the internal monitor, the ruler; 
 
 15. ' And, before them both, he produced the 
 
m On the CREATION; WITH A 
 
 * gt&iA principle of the foul, orfirji expanfon of 
 ''the divine idea; and all vital forms endued 
 •^ with, the three qualities oi goodnefs, paffion, and 
 
 * darknefsi and the five perceptions of fenife^ 
 
 * and the five organs of fenfation. 
 
 i6, * Thus^ having at once pervaded, with 
 
 * emanations from the Supreme Spirit, the mi- 
 
 * nuteft portions of fix principles immenfely ope- 
 
 * rativc, confcioufnefs and the five perceptions, He 
 
 * framed all creatures ; 
 
 \j. ' And fince the minuteft particles of vi- 
 
 * fible nature have a dependence on thofe^^jf 
 
 * emanations from God, the wife have accord- 
 
 * ingly, given the name of sariray or depending 
 ' onfixt that is, t/ye ten organs on confcioufnefs ^ 
 
 * and the five elements on as many perceptions^ 
 
 * to His image or appearance in vifible nature : 
 
 i8. ' Thence proceed the great elements, en- 
 
 * duedwith peculiar powers, the Mind with oper- 
 
 * ations, infinitely fubtil, the unperifhable caufe 
 
 * of all apparent forms. 
 
 19. *^ This univerfe, therefore, is compaded, 
 ' from the minute portions of thofe feven divine 
 
 * and adlive principles, t&e great Soul, or firjl 
 
 * emanation, confcioufnefs, and five perceptions j 
 
 * a mutable univerfe from immutable ideas. 
 
 20. * Among thent each fucceeding element 
 
 * acquires the quality of the preceding ; and, in 
 
SUMMARY OF THE CONTENTS. 95 
 
 * as many degrees as each of them is advanced, 
 
 * with fo many properties is it faid to be en- 
 
 * dued. 
 
 21.* He too firft affigned to all creatures 
 
 * diftindl names, diftinft ads, and diftin(3: occu- 
 
 * pations ; as they had been revealed in the pre- 
 
 * exifting Veda: 
 
 22. * He, the fupreme Ruler, created an af- 
 
 * femblage of inferior Deities, with divine attri- 
 
 * butes and pure fouls ; and a number of Genii 
 
 * exquifitely delicate ; and he prefcrihed the fa- 
 
 * crifice ordained from the beginning. 
 
 23. ' From fire, from air, and from the fun 
 
 * he milked out, as it were^ the three primordial 
 
 * Vedas^ named Rtch^ Tajujb, and Saman^ for 
 
 * the due performance of the facrifice. 
 
 24. * He gave being to time and the divifions 
 
 * of time, to the ftars alfo, and to the planets, to 
 
 * rivers, oceans, and mountains, to level plains, 
 
 * and uneven valleys, 
 
 25. * To devotion, fpeech, complacency, de- 
 
 * fire, and wrath, and to the creation, which 
 
 * ihall prefently be mentioned; for He willed the 
 
 * exiftence of all thofe created things. 
 
 26. ' For the fake of diftinguifhing a6lions, 
 
 * He made a total difference between right and 
 ' wrong, and enured thefe fentient creatures to 
 
 * pleafure and pain, cald and heat^ and other op- 
 
 * pofite pairs. 
 
95 ON THE CREATIONS WITH A 
 
 27. ' With very minute transformable por- 
 « tions, called mdtfds, of the five elements, all 
 
 * this perceptible world was compofed in fit 
 
 * order ; 
 
 28. * And in whatever occupation the fupreirie 
 
 * Lord firft employed any vital foul, to that oc- 
 
 * cupation the fame foul attaches itfelf fponta- 
 ' neoufly, when it receives a new body again and 
 
 * again : 
 
 29. ' Whatever quality, noxious or innocent, 
 
 * harfh or mild, unjuft or juft, falfe or true, 
 
 * He conferred on any being at its creation, the 
 
 * fame quality enters it of courfe on t'ts future 
 
 * births ; 
 
 3,0. ' As theT^.^^ feafons of the year attain re- 
 
 * fpedtively their peculiar marks in due time 
 
 * and of their own accord, even fo the feveral 
 
 * adts of each embodied fpirit attend it natu- 
 
 * rally. 
 
 31. ' That the human race might .be. multl- 
 
 * plied. He caufed the Brahmen, the CJhatriya^ 
 
 * the Faijya, and the Sudra (fo named from the 
 
 * fcripture, proteStion, wealth, and labour) to pro- 
 
 * ceed from his mouth, his arm, his thigh, an^ 
 
 * his foot. 
 
 32. ' Having . divided his own fubftance, the 
 
 * mighty power became half male, half femalp, 
 
 * or nature aSiive and pa£ive\ and from that fe- 
 
 * male he produced Vira'j : 
 
iSUMMARY OF THE CONTENTS. 9l 
 
 2^. * Know Me> O moll Excellent of Brdb- 
 
 * mens, to be that perfoti, whom the male power 
 ' Vira'j, having performed auftere devotion, 
 
 * produced by himfelf ; Me, the fecondai"y f Timer 
 
 * of all this vijible world. 
 
 34. 'It was I, who, defiroiis of giving birtfe 
 
 * to a race of men, performed very difficult re-» 
 
 * ligious duties, and firft produced ten Lords of 
 
 * created beings, eminent in holinefs, 
 
 2^. * MAiii'cHr, Atri, Angiras, Pulas- 
 
 * TYA,PuLAHA,CRATU,PRACHE'TASiOrDAG-' 
 
 ' SHA, Vasisht'ha, Bhrigu, and Na'rada : 
 
 ^6. * They, abundant in glory, produced 
 ' feven other Menus, .together with deities, and 
 
 * the manfions of deities, and Mabar/his, or great 
 
 * Sages, unlimited in power ; 
 
 37. * Benevolent genii, and fierce giants, 
 
 * blood-thirfty favages, heavenly quirifters> 
 
 * nymphs and demons, huge ferpents and fnakes 
 ' of fmaller fize, birds of mighty wing, and fe-* 
 
 * parate companies of Pitirs, or progenitors of 
 
 * mankind ; 
 
 38. ' Lightnings and thunder-bolts, clouds 
 
 * and coldured bows of Indra, falling meteors, 
 
 * ^arth-rending "vapours, comet8> and luminaries 
 ' of various degrees ; 
 
 3:g. * Horfe-faced fylvans^ apes, fiflv, and a 
 ' variety oC bird^ tame cattle, de^i:, men, and 
 
 * ravenous beafts with two jrows of teeth j 
 
 VOL^ V. H 
 
9S ON THE CREAtlON ; WITH A 
 
 40. ' Small and large reptiles, moths, Uce, 
 
 * fleas, and common flies, with every biting 
 ' gnat, and immoveable fubftances of difl:in£t 
 
 * forts^ 
 
 41. ' Thus was this whole aflfemblage of fl:a- 
 ' tionary and moveable bodies framed by thofe 
 
 * high-rminded beings, through the force of their 
 ' own devotion, and at my command, with fe* 
 
 * parate adlions allotted to each. 
 
 42. *. Whatever adt is ordained for eacli of 
 
 * thofe creatures here below, that I will now dc- 
 ' clare to ydu^ together with their order in re- 
 ' fpe6t to birth. 
 
 43. ' Cattle and deer, and wild beafts with 
 ' t-wp rows of teeth, giants, and blodd-thirfty 
 
 * favages, and the race of men, are born from a 
 
 * fecundine : 
 
 44. * Birds are hatched from eggs; fo 
 ' are fnakes, crocodiles, filh jvithout Jbells, 
 
 * and to'^toifes, with other animal kinds, ter- 
 'reftrial, as chameleons y and aquatick, as JbelU 
 ^fijh: 
 
 45. * From hot moifl;ure are born biting gnats, 
 'lice, fleas, and common flies; thefe, and what- 
 ' ever is of the fame clafs, are produced by 
 ' heat. 
 
 46. ' All vegetables, propagated by feed or by 
 'flips, grow from flioots.; fome herbs, Abound- 
 
SUMMARY OF THE COKTENTS. 9^ 
 
 "^ irig in flowers and fruits, perifh when the fruit 
 
 * is mature ; 
 
 47- ' Other plants, called lords of the forefti 
 
 * have no flowers, but produce fruit ; and, whe- 
 
 * ther they have flowers alfo, or fruit only, 
 
 * large woody plants of both forts are named trees. 
 
 48. ' There are flirubs with many flalks from 
 'the root upwards, and reeds with Angle roots 
 
 * but united ftems, all of different kinds, and 
 ' grafl'es, and vines or climbers, and creepers, 
 
 * which fpring from a feed or from a flip. 
 
 49. ' Th^fe animals and vegetables ^ encircled 
 
 * with multiform darknefs, by reafon of paft 
 
 * adtions, have internal confcience, and are fen- 
 
 * fible of pleafure and pain. 
 
 50. * All tranfmigrations, recorded infacred 
 
 * hooks, from the ftate of Brahma', to that of 
 
 * plants, happen continually in this tremen- 
 
 * dous world of beings; a world always tending 
 
 * to decay. 
 
 51. * He, whofe powers are incomprehen- 
 
 * fible, having thus created both me and this 
 *'univerfe, was again abforbed in the fupreme 
 
 * Spirit, changing the time of energy' iox the time 
 
 * ofrepofe. 
 
 52. ' When that power awakes, (for, though 
 *\fluinber he not predipable of the fole eternal 
 
 * Mindi infinitely wife and infinitdy behevolmty 
 
 » 2 
 
100 ON THE CREATION; WITH A 
 
 * yet it is predicated of Bthauma^ figuratively, 'as 
 ' a general property of life) then has this woyld 
 'its full expanfion; but, when he flumbers with 
 
 * a tranquil fpirit, then the whole fjftem fadeg 
 
 * away ; > 
 
 ^2,' ' For, while he repofes, as it were, m 
 
 * calm fleep, embodied fpirits, endued with prm- 
 
 * c-iples of adion, depart from their feveral afla, 
 
 * and thq mind itfelf becomes inert ; 
 
 54. ' And, when they once are abforbed in 
 
 * that fupreme eflence, then the divine foul of 
 
 * all beings withdraws his energy, and placidly 
 ' flumbers ; 
 
 ^S. * Then too this vital foul of created bodies, 
 
 * with all the organs of fenfe and of a6tion, re^ 
 
 * mains long immerfed in the firjl idea or in 
 
 * darknefs, and performs not its natural funcr 
 
 * tions, but migrates from its corporeal frame : 
 
 ^6. * When, being again compofed of minute 
 
 * elementary principles, it enters at once into 
 
 * vegetable or animal feed, it then afTumes a new 
 ' form. 
 
 57. * Thus that immutable Power, by waking 
 
 * and repofing alternately, revivifies and deftroys 
 
 * in eternal fucceflion this whole affemblage of 
 
 * locomotive and immoveable creatures. 
 
 58. * He, having enaaed this code, of laws, 
 
 * hiinfelf taught it fully to me in the beginning; 
 
SUMMARY OF THE CONTENTS. iGi 
 
 \ afterwards I taught it Maiu'chi and the nine 
 
 * other holy fages. 
 
 59. * This my Jon BHRtcu will repeat the 
 
 * divine code to you without omiffion; for that 
 
 * fage learned from me to recite the whole of 
 ' it.' 
 
 60. BhrTgu, great and -wife, having thus 
 been appointed by Menu to promulge his laws, 
 addreifed all the Rijhis with an afFedtionate mind, 
 feying : * Hear ! 
 
 61. * From this Menu, named Swa'y- 
 
 * AMBHUVA, or sprung from the felf-'exijlingt 
 
 * came fix defcendants, other Menus, or per- 
 
 * feSlly underjianding the fcripture^ each giving 
 
 * birth to a race of his own, all exalted in dig- 
 
 * nity, eminent in power ; 
 
 62. * Swa'ro'chisha, Auttami, Ta'ma- 
 
 * SAi Raivata likewife and Cha'cshusha, 
 
 * beaming with glory, and Vaivaswata, child 
 
 * of the fun. 
 
 63. ' The feven Me nus, (or tbofejirfi created^ 
 ^nvho afe to be followed by /even more J of whom 
 
 * SwA y AMBHUVA is the chief, have produced 
 ' and fupported this world of moving and fta- 
 
 * tionary beings, each in his own Antara, or the 
 'i pgrkdof his reign. 
 
 : 64. * Eighteen nimejhas, or twinklings of an 
 ' eye, are one cdjht'hd'j thirty cajhfbds^ one cald\ 
 ! thirty r^/<75, orxt muhurta : and juft fo many 
 
im ON THE CREATIONS WITH A 
 
 ^-muhurtas_ let mankind confider as the duration 
 
 * of their day and night, 
 
 ^^. ♦ The fun caufes the diftribution of day 
 ' and night both divine and human ; night being' 
 
 * intended for -the repofe of "oariaus beings, and' 
 
 * day for thein exertion. 
 
 66. ^ A month of "mortals is a day and a night 
 
 * of the P kr is GX patriarchs inhabiting the moon ; 
 ^, and the ^vn^ysi'a. of a month being into equal 
 
 * halves, the half beginning from the fuU mooa 
 
 * is their day for anions; and that beginning 
 ^ from the lie w moon ig their night for flumber :' 
 
 67. * A year of mortals is a day and a night 
 
 * of the Gods, or regents of the univerfe feated 
 ' round the north pole ', and again their divifion' 
 ^ is this: their day is the northern, and their 
 
 ' ' night the fouthern, courfe of the fun. 
 
 68. ' Learn now^ the duration of a day and ^ 
 ' night of Brahma', and of the feveral ages, 
 ^ which ihall be mentioned in order fucGiri(51tly.' 
 
 6g. ' Sages have given the name of (7^?/^ 
 ' to an age containing four thoufand years of the 
 
 * Gods; the twilight preceding it confifts of as 
 ^ many hundreds, and the twilight following it, 
 
 * of the fame number : 
 
 70. ' In the other three ages^ with their twi- 
 ^ lights preceding and following, are thouJfands 
 
 * ^nd hun^ireds diminifhed by one^ 
 
 71. ' The divine years^ in the four human »ged 
 
SUMMARY OF THE CONTENTS. 1©S 
 
 * juft enumeratedi being added together, their 
 
 * fum, or twelve thoufandj is (ialled the age of 
 
 * the Gods ; 
 
 72. * And, by reckoning a thoufand fuch di- 
 ' vine ages, a day of Brahma' may be known : 
 ' his night has alfo an equal dur^tidn : 
 
 73. * Thofe perfons beft know the divifions of 
 
 * days and nights, who underftand, that the day 
 
 * of Brahma', which endures to the end of a 
 
 * thoufand fuch ages, gives rife to virtuous exer- 
 
 ' tions; and that his night endures as long as his ' 
 
 * day. 
 
 74. ' At the clofe of his night, having long 
 
 * repofed, he awakes, and, awaking, exerts iritel- ■ 
 
 * leiift, or reproduces the great principle df. ani- 
 
 * motion, whofe property it is to exifl: unperceived 
 
 * by fenfe : 
 
 75. ' Intelledr, called into adion by his will 
 ' to create worlds, performs again the work of 
 ' creation ; and thence Jirjf emerges the fubtil 
 ' ether, to which philofophers afcribe the quality 
 
 * of conueying found ; 
 
 ^6. ' From ether, effeding a tranfmutation in 
 
 * form, fprings the pure and potent air, a vehicle 
 ' of all fcents ; and air is held endued with the 
 
 * quality of touch : 
 
 77. ' Then from air, operating a change, 
 ' rifes light or fire^ making objeds vifible, dif- 
 
 * pelling gloom, fpreading bright rays j and'w. is 
 
 * declared to have the quality of figure ; 
 
lOi ON THE CREATION} WITH A 
 
 yS. ^But from light, a change being efFea«d» 
 ^ comes water with the quality of tafte ; and from 
 
 * water is depofited earth with the quality of 
 
 * fraell: fuch were, they created in the begin- 
 ' ning. 
 
 79. * The beforementioned age ©f the Gods, 
 
 * or twelve thoufand of their years, being multi- 
 ^ plied by feventy-one, conJiitut?s "what is here 
 
 * named a Menwantara^ or the reign of a Menu- 
 
 80. * There are numberlefs Mewwantaras \ 
 ' creations alfo and deftruftions of worlds,- innur' 
 ^ merable: the Being fupremely exalted performs 
 
 * all this, with as much eafe as if in fport, again 
 ' and a gain yor the fake of conferring happin?fsi, 
 
 81. ^ In the Grzta a.ge the Genius of truth, and 
 ' right, ifi the form of a Bull, ftands firm oa 
 ' his four feet ; nor does any advantage acprue tp 
 ' men from iniquity j 
 
 82. 'But in the following ages, by reafon of 
 ^ unjuft gains, he is deprived fucceffively of 
 ' one foot; and even juft emoluments, through 
 <; the prevalence of theft, falfehood, and fraud, 
 ' are gradually dimilhed by a fourth part. 
 
 83. ^ Men, free from difeafe, attain all forts of 
 ' profperity and live four hundred years, in the 
 ' Crita age ; but, in the Treta and the fucceedr 
 
 * ing ages, their life is lefTened gradually by one 
 
 * quarter. 
 
 84. ' The life of mortals, which is mentioned 
 « in the Veda^ the rewards of good WQrJcsj an(|! 
 
SUMMAR-R. OF THE CONTENTS. lOS 
 
 * theipowers of embodied fpiritSj are fruits pro- 
 
 * portioned among men to the order of thenar 
 
 * ages. 
 
 85, * Some duties are performed by gaQdmea 
 ' in the Crtta age ; others, in the Treta-, fome, 
 
 * in the Dwdpara ; others in the Cali ; in pro- 
 ' portion as thofe ages decreafe in length. 
 
 '86. * In the Crtta the prevailing virtue is de- 
 ' clared to be devotion ; in the Treta^ divine 
 
 * knowledge; in the Dwdpara^ holy fages call 
 
 * ikcrifice the duty chiefly performed; in the 
 
 * Cah\ liberality alone. 
 
 87. * For the fake of prefervirig this univerfe, 
 ' the Being fupfemely glorious allotted fep^ate 
 'duties to thofe, who fprang refpedlively from 
 ' his mouth, his arm, his thigh j and his 
 
 * footi 
 
 • 88. * To Brdhmens he affigned the duties of 
 
 * reading the Veda^oi teaching it, of facrificin^ 
 
 * of affifting others to facrifice, of giving alms, 
 '■ if they be rich^ and, if indigent^ of receiving 
 
 * gifts ; 
 
 89. ' To defend the people, to give alms, to 
 
 * fecrifice, to read the Veda, to fhun the allure- 
 ' ments of fenfual gratification, are in few wx)rds 
 *.the duties of a CJJjatriya: 
 
 _ 90. ^ To keep herds of cattle, to beftow lar- 
 
 * gefles, to facrifice, to read the fcripture, to cafiy 
 ' on trade, to lend at intereft, and to culji- 
 
106 6N the CREATION; WiTtt A 
 
 ' vate land, are prefcribcd or permitted to a 
 
 91. ' One principal duty the fupremc Ruler' 
 *afrigned to a Sudra; namely, to ferire the 
 « beforementioned claffes, without depreciatting 
 
 * their worth. 
 
 92. ' Man is declared puref above the navel; 
 
 * but the felf-exifting Power declared the purefl; 
 
 * part of him to be the mouth : 
 
 93. ' Since the Brahmen fprang froni the moft 
 
 * excellent part, fince he was the firfl born, and 
 
 * fince he pofTeffes the Veda, he is by right the 
 
 * chief of this whole creation. 
 
 94. * Him the Being, who exifts of himfelf, 
 
 * produced in the beginning from his own 
 
 * mouth ; that, having performed holy rites, he 
 
 * might prefent clarified butter to the Gods, and 
 
 * cakes of rice to the progenitors of mankind, for 
 
 * the prefervation of this world : 
 
 g^. ' What created being then can furpafs 
 
 * Him, with whofe mouth the Gods of the fir- 
 
 * mament continually feaft on clarified butter, 
 
 * and the manes of anceftors, on hallowed cakes ? 
 
 96. ' Of created things the moll excellejit are 
 
 * thofe which are animated ; of the animated, 
 
 * thofe which fubfift by intelligence ; of the in- 
 
 * telligent, mankind; and of men, the facerdo- 
 
 * tal clafs. 
 
 ^7- ' Of priefts, thofe eminent in learning; of 
 
SUMMARlr OF THE CONTENTS. fOT 
 
 * the learned, thofe who know their duty; of 
 
 * thofe who know it, fuch as perform it virtu- 
 
 * oufly ; and of the virtuous, thofe who feek 
 
 * beatitude from a perfelft acquaintance with 
 
 * fcriptural dcxSrine. 
 
 98. ' The very hirth of Brahmens is a conftant 
 
 * incarnation of Dherm A, God ofjujiice; for the 
 
 * Brahmen is born to promote juftice, and to 
 'procure ultimate happinefs. 
 
 99. ' When a Brahmen fprings to light, he is 
 ' born above the world, the chief of all creatures, 
 
 * affigned to guard the treafury of duties religiou* 
 
 * and civil. 
 
 > 100. * Whatever exifts in th« univerfe, is all' 
 
 * in efFedt, though not inform^ the wealth of the' 
 
 * Brahmen ; fince the Brahmen is entitled to it 
 
 * all by his primogeniture and emineape of 
 'birth: 
 
 loi. * The Brahmen eats but his own food;' 
 ' wears but his own apparel; and bellows but 
 
 * his own in alms : through the benevolence' 
 
 * of the Brahmen^ indeed, other mortals enjoy 
 
 * life. ' 
 
 102. * To declare the facerdotal duties, and 
 ' thofe of the other clafles in due order, the fage 
 
 * Menu, fprung from the felf-exifting, pro-f 
 
 * mulged this code of laws ; 
 
 ♦ 103, ' A code which muft be ftudied with 
 'ejjtreme care by every learned' ^w-^zw^w, and 
 
108: ON THE CREATION; WITH A 
 
 *fuHy explained to his difcipks, but mttfi. 
 *. be taught by no other man of an inferior 
 
 * clafs. 
 
 104. ' The Brahmen, who ftudies this book, 
 
 * having performed facred rites, is perpetually 
 
 * free from oiFence in thought, in word, and in 
 
 * deed j 
 
 105. * He confers purity on his living fa- 
 
 * mily, on his anceftors, and on his defcendant3,.i 
 
 * as far as the feventh perfon ; and He alone 
 
 * deferves to poflefs this whole earth. 
 
 106. ' This mofl excellent code produces 
 
 * everything aufpicious; this code increafes un- 
 
 * derftanding; this code procures fame and lopg 
 
 * life ; this code leads ta fupreme blifs, 
 
 107. * In this book appears the fyftem of law 
 
 * in its full extent, with the good and bad prq- 
 / ' perties of human adtions, and the immemorial 
 
 * cuftoms of the four elalTes. 
 
 108. ' Immemorial cuftom is tranfcendent 
 
 * law, approved in the facred fcripture, and in the 
 
 * codes of divine legiflators: let every man, there- 
 ' fore, of the three principal clalTes, who has a 
 
 * due reverence for the fupreme fpirit vihich 
 
 * dwelh in him, diligently and conftantly obfervc. 
 
 * immemorial cuftom : 
 
 109. ' A man of the prieftly, military, qr 
 'commercial clafs, whq deviates from im'memopal 
 ' uf^ge, taftes not the fryit of the Veda\ but, b^ 
 
SUMMARY OF THE CONTENTS. 169 
 
 * an exait obfervance of it, he gathers that fruit 
 
 * in perfe<aion. 
 
 no. 'Thus have holy fages, well knowing 
 
 * that law is grounded on immemorial cuftom, 
 ' embraced, as the reot of all piety, good ufkges, 
 
 * long eftablifhed. 
 
 III.* The creation of this univerfe ; the 
 •forms of inftitution and education, with the 
 
 * obfervances and behaviour of a ftudent in 
 
 * theology ; the beft rules for the ceremony on 
 ^his return from the manfion of his preceptor; 
 
 112. ' The law of marriage in general, and of 
 
 * nuptials in different forms ; the regulations for 
 ' the great facraments, and the manner, prime- 
 ^ vally fettled, of performing obfequies ; 
 
 113. ' This modes of gaining fubfiftence,. and 
 
 * the rules to be obferved by the mafter of a fa- 
 
 * mily ; the allowance and prohibition of diet, 
 
 * with the purification of men and utenfils ; 
 
 114. * Laws concerning women ; the devo- 
 
 * tion of hermits, and of anchorets wholly intent 
 
 * on final beatitude, the whole duty of a king, 
 ' and the judicial decifion of controverfies, 
 
 J 1 5. ' With the law of evidence ^ad exami- 
 
 * nation ; laws concerning hufband and wife, 
 
 * canons of inheritance ; the prohibition of 
 
 * gaming, and the punifhments of criminals ; 
 
 1 1 6. * Rules ordained for the mercantile and 
 
i 10 ON THE CREATION, &c. 
 
 * fervile claffes, with the origin of thdfe, thai 
 
 * are mixed; the duties and rights of all the 
 
 * claffes in time of diftrefs for fubfiftencej and 
 
 * the penances for expiating fins ; 
 
 117. ' The feveral tranfmigrations in this 
 ' univerfe, caufed by offences of three kinds, with 
 
 * the ultimate blifs attending goodadlions, on the 
 ' full trial of vice and virtue ; 
 
 118. 'AH thefe titles of law, promulgated by 
 
 * Menu, and occajionally the cuftoms of different 
 
 * countries, different tribes, and different families^ 
 
 * with rules concerning hereticks and companies 
 
 * of traders, are difcuffed in this code. 
 
 119. * Even as Menu at my requeft formerly . 
 
 * revealed this d\s'\xxQ Sdjlra, hear it now froRi 
 
 * me without any diminution or addition^ 
 
CHAPTER THE SECOND. 
 
 On Education ; or on the Sacerdotal Clafs, and th^ 
 Firji Order. 
 
 1. 'Know that fyftem of duties, which is re- 
 
 * vered by fuch as are learned in the Vedas, and 
 f imprefled, as the means of attaining beatitude, 
 ' on the hearts of the juft, who are ever exempt 
 
 * from hatred and inordinate afFediion. 
 
 2. * Self-love is no laudable motive, yet an 
 
 * exemption from felf-love is not to bejound in 
 ' this world j on felf-love is grounded the ftudy 
 
 * of fcripture, and the pra61ice of adtions recom- 
 ' mended in it. 
 
 3. * Eager defire to aSi ha^ its root in expect- 
 ' ation of fome advantage ; and with fuch ex- 
 
 * pedation are facrifices performed : the rules of 
 
 * i-eligious aufterity and abftinence from fm are 
 ' all known to arife from hope of remuneration. 
 
 4. ' Not a fingle ad here below appears 
 
 * ever to be done by a man free from felf-love : 
 
 * whatever he performs, it is wrought from his 
 
 * ^efire of a reward. 
 
iI2 ON EDUCATION; OR, 
 
 5. * He, indeed, who ihould perfift in dtf- 
 
 * charging thefe duties, without any view to their 
 ' fruit, would attain hereafter the ftate of the 
 ' immortals, and, even in this life, would enjoy 
 
 * all the virtuous gratifications, that his fancy 
 
 * could fuggeft. 
 
 6. ' The roots of law are the whole Veda^ the 
 ' ordinances and moral pradices of fuch , as 
 
 * perfedly underftand it, the immemorial cuftoms 
 
 * of good men, and, in cafes quite indifferent:^ felf- 
 
 * fatisfadtion. 
 
 7. ' Whatever law has been ordained for any 
 
 * pcrfon by Menu, that law is fully declared in 
 
 * the Veda: for He was perfect in divine knowt 
 ' ledge: 
 
 8. * A man of true learning, who has viewed 
 
 * this complete fyftem with the eye of facre4 
 
 * wifdom, cannot fail to perforrti all thofe duties, 
 
 * which are ordained on the authority of the 
 
 * Vida. 
 
 9. * No doubt, that man, who fhall follow 
 
 * the rules prefqribed in the Srutt and in the 
 < Smnti, win acquire fame in this life, and, ill 
 
 * the next, inexpreiTible happinefs : 
 
 10. 'By Sruti^ ot what was heard from above^ 
 
 * is meant the Feda ; and by Smriti^ or what was 
 
 * remembered from the beginning, the body of law: 
 
 * thofe two muft not be oppugned by heterodox 
 
ON THE FIRST ORDER. -113 
 
 * arguments; fince from thofe.two proceeds the 
 
 * whole fyftem of duties. 
 
 II.* Whatever man of the three higheft 
 
 * clafles, having addicted himfelf to heretical 
 
 * books, fhall treat with contempt thofe two 
 ' roots of law, he muft be driven, as an Atheift 
 ' and a fcorner of revelation, from the company 
 
 * of the virtuous. 
 
 12. ' The fcripture, the codes of law, ap- 
 
 * proved ufage, and, in all indifferent cajes^ 
 
 * felf-fatisfa£tion, the wife have openly declared 
 
 * to be the quadruple defcription of the juridical 
 
 * fyftem. 
 
 1 3. ' A knowledge of right Is a fufEcient in- 
 
 * centiv€ for men unattached to wealth or to 
 
 * fenfuality ; and to thofe who feek a knowledge 
 
 * of right, the fupreme authority is divine re- 
 
 * velation; 
 
 14. ' But, when there are two fac/ed texts 
 
 * apparently inconjijient, both are held to be law; 
 
 * for both are pronounced by the wife to be valid 
 
 * and reconcileahle ; 
 
 15. ' Thus in the Veda are thefe texts : " let 
 
 * the facrifice he when the fun has arifen," and, 
 
 * before it has rifen," and, " when neither fun 
 
 * nor ftars can be feen :" the facrifice, there- 
 
 * fore', may be performed at any or all of thofe 
 ' times. 
 
 VOL. V. t 
 
lU Ol^ EDUCATION; OR 
 
 1 6. * He, whofe life is regulated by holy 
 ' texts, from his conception even to his funeral 
 
 * pile, has a decided right to ftudy this code; but 
 
 * no other man whatfoever. 
 
 17. ' Between the two divine rivers Saraf- 
 ' wati and Dhrijhadwati lies the trad of land, 
 
 * which the fages have named Brahmdverta,^ be- 
 
 * caufe it was frequented by Gods : 
 
 18. ' The cuftom, preferved by immemorial 
 
 * tradition in that country, among the four fure 
 
 * clafles, and among ihofe which are mixed, is 
 
 * called approved ufage. 
 
 19. * Curucjhetra^ Matfya, Tanchdla^ or Ca- 
 
 * nyacubja, and Surajfena^ or Mat' hum, form the 
 
 * region, called Brahmarjhi, diflinguifhed from 
 
 * Brahmdverta: 
 
 20. ' Frorn a Brdhmen, who was born in that 
 ' country, let all men on earth learn their feverld 
 
 * ufages. 
 
 21. ' That country, which lies between liima- 
 
 * wat and Vindhya, to the eaft of Vinas'ana, and 
 ' to the weft of Prayaga, is celebrated by the 
 ' title of Medhya-defa, or the central region, 
 
 22. ' As far as the eaftern,ancf as far as the 
 ' weftern, oceans between the two mountains 
 ' juft mentioned, lies the tradl, which the wife 
 
 * have named Aridverta, or inhabited by refpecU 
 ' abk men. 
 
 23. ' That land, on which the black antelope 
 
ON THE FIRST ORDER. 115 
 
 * naturally grazes, is held fit for the performance 
 
 * of facrificJes ; but the land oi Mk'c6'Aas, or 
 
 * t&oje who /peak harbaroujly, differs widely from 
 'it. 
 
 .24, ' Let the three firft clafles invariably 
 
 * dwell in thofe before-mentioned countries ; but 
 
 * a )S'w/^r<3, diftreffed forfubfiftence, may fojourn 
 
 * wherever he chufes. ^ . 
 
 25. ' Thus has the origin of law been fuc- 
 
 * ciTidily declared to you, together with the form- 
 
 * ation of this univerfe : now learn the laws 
 
 * of the leveral clafles. 
 
 26. ' With aufpicious a£ts prefcribed by the 
 ^ Veda^ mufl: ceremonies on conception and fo 
 
 * forth, be duly performed, which : purify the 
 
 * bodie^of the three clafles in this life, and qualify 
 
 * them iox^xhis. next. 
 
 - 27. ' By oblations to fire during the mother's 
 
 * pregnancy, by holy rites on the birth of the 
 ' child, by the tonfure of his head with a lock 
 
 * of hair left on it, by the ligation of the facri- 
 
 * ficial cord, are the.feminal and uterine taints of 
 ' the three clafl'es wholly removed : * 
 
 28. '.By ftudying the Veda, by religious pb- 
 
 * fervances, by oblations to fire, by the ceremony 
 
 * of Traividia'., by offering to the Gods and 
 VManes, by the procreation of children, by the 
 ' five great facraments, and by folemn facrifices, 
 
 * this human body is rendered fit for a divine ftate. 
 
 I 2 
 
J 1 S ON EDUCATION j OR 
 
 29. * Before the feaion of the navel firing a 
 
 * ceremony is ordained on the birth of a male-; 
 
 * he muft be made, while facred texts are p?-o- 
 ' nounced, to tafte a little honey and clarified 
 
 * butter from a golden fpoon. 
 
 30. * Let the father perform or, ifabfenf, caufe 
 
 * to be performed, on the tenth or twelfth day 
 
 * after the birth, the ceremony of giving a name; 
 
 * or on fome fortunate day of the moon, at a 
 
 * lucky hour, and under the influence of a ftaf 
 
 * with good qualities. 
 
 31.' The firft part of a Brahmen s compound 
 ' name fliould indicate holinefsj of a CJhatriya^s, 
 
 * power ; of a Vaifyds^ wealth; and of a Sudrds, 
 
 * contempt: 
 
 32. * Let the fecond part of the pxieft's name 
 
 * imply profperity; of the foldier's, prefervation; 
 
 * of the merchant's, nourifhment j of the fer- 
 
 * vant's, humble attendance. 
 
 33. * The names of women fhould be agree- 
 
 * able, foft, clear, captivating the fancy, aufpi- 
 
 * cious, ending in long vowels, refembling words 
 
 * of benedidtion. 
 
 34. ' In the fourth month the child fliould be 
 
 * carried out of the houfe to fee the fun: in the 
 
 * fixth moftth, he fliould be fed with rice; or that 
 
 * may be done, which, by the cuftom of the fa- 
 ' mily, is thought moft propitious. 
 
 2yS* ' By the command of the Veda^ the cere- 
 
ON THE FIRST ORDER. Ii7 
 
 * mony of tonfure fliould be legally petformed' 
 
 * by the three Jirji clafles ia the firft or third year* 
 
 * (i^er birth. 
 
 ;^6. 'In the eighth year from the conception 
 
 * of a Brahmen, in the eleventh from that of a 
 
 * CJhatriya, and in the twelfth from that of a 
 
 * Vaifya^ let the father inveft the child with the 
 
 * mark of his clafs : 
 
 37. ' Should a Brahmen^ or his fat her for him^ 
 
 * be defirous of his advancement in facred know- 
 
 * ledge, a CJhatriya of extending his power, or 
 
 * a Vaifya of engaging in mercantile bufinefs, 
 
 * the inveftiture may be made in the fifth, fixth,* 
 
 * or eighth years refpeftively. 
 
 38. * The ceremony of inveftiture hallowed 
 
 * by xS\e.gayatrixtiv&. not be delayed, in the cafe 
 
 * of a prieft, beyond the fixteenth year; nor, 
 
 * in that ofafoldier, beyond the twenty-fecond;' 
 
 * nor in that of a merchant, beyond the twenty- 
 » fourth. 
 
 39. • After that, all youths o/'thefe three clafles,' 
 
 * who have not been invefted at the proper time, 
 
 * become vrdtyas, or outcafts, degraded from the 
 
 * gdyatri, and contemned by the virtuous : 
 
 40. ' With fuch impure men, let no Brahmen^ 
 
 * even in diftrefs for fubfiftence, ever form a 
 
 * connexion in law, cither by the ftudy of the ' 
 ' Feda, or by affinity. 
 
 41. • Let ftudents in theology wear for 
 
118 ON EDUCATION ; OR 
 
 < their mantles the hides of black antelopes^ of 
 ' common deer, or of goats with tower vefis q/ 
 ' woven Sana, of cjhuma, and of wool, m the " 
 
 * dire6i order of the clafles. 
 
 42. ' The girdle of a prieft niuft be made of 
 ' munja, in a triple cord, fmooth and foft ; that 
 ' of a warrior muft be a bow firing of murvd; 
 
 * that of a merchant, a triple thread of s'ana. 
 ,•43. ^ If the munja be not procurable, their 
 
 *. zones muft be formed refpeStively of the graffes 
 
 * cufa, afmdntaca, 'valvaja, in triple ftrings with 
 
 * one, three, ox &vQ'k.no\.s, according to the family 
 
 * cujiom. -- 
 
 44. * The facrificial thread of a Brahmen' 
 
 * muft be made of cotton, fo as to be put on 
 
 * over his head, in three ftrings; that of a C^a- 
 
 * triya^ of: s' ana thread only; that of a Fais'ya of 
 *. woollen' thread. 
 
 45. ' A prieft ought by law to carry a ftaiFof 
 
 * Bilva or Paid/a, a foldier, of Bata or Chddira) 
 *^a. merchant of Fe'nu, or Udumhara:' . 
 
 ,46. 'The ftafFof a prieft muft be of fuch a 
 ' length as to reach his hair; that of a foldier, 
 
 * to reach his forehead; and that of a merchant, 
 *.to reach his nofe. 
 
 47. ' Let all the ftaves be ftraight, without 
 
 * fradure, of a handfome appearance, not likely 
 
 * to terrify men, with their bark perfect, unhurt ' 
 'by fire . 
 
ON THE FIRST ORDER. il9 
 
 48. * Having taken a legal ftafFto his liking, 
 
 * and Handing oppofite to the fun, let the ftu- 
 
 * dent thrice walk round the fire froiii left to 
 
 * right, and perform, according to law, the cere- 
 
 * mony of alking food : - 
 
 49. ' The moft excellent of the three claffes, 
 
 * being girt with the facrifiicial thread, muft afk 
 
 * food, with the refpedlful word. bbavati\ at the 
 
 * beginning of the phrafe; thofe of the fecond 
 
 * clafs,- with that word in the middle ; and thofe 
 i of the third, with that word at the end. 
 
 -' 50. ' Let him firft begJood of his mother, or 
 ' of his filler, or of his mother's whole filler; and 
 *. then of fome other female who will not difgrace 
 
 * him. 
 
 51. * Having coUefled as much of thedefired 
 
 * food as . he has occafion for, and having pre- 
 
 * fented it without guile to his preceptor, let 
 
 * him eat fome of it, being duly purified, with 
 
 * his face to the eaft : 
 
 52. * If he feek long life, he fhould eat with 
 
 * his face to the eaft ; if exalted fame, to the 
 
 * fouth; if profperity, to the weft j if truth and its 
 
 * reward, to the north. 
 
 ^2- ' Let the ftudent, having performed his 
 '.ablution, always eat his food without diftrac- 
 
 * tion of mind; and, having eaten, let him tirice 
 
 * wafh his mouth completely, fprinkling with 
 
I2Q ON EDUCATION; OR 
 
 * water the .fix hollow parts of his head, or his 
 
 * eyes, ears, and nojirils. 
 
 54. ' Let him honour all his food, and eat it 
 
 * without contempt; when he fees it, let him re- 
 
 * joice and be calm, and pray, that he may al- 
 
 * ways obtain it. 
 
 55. * Food, eaten conflantly, with refped; 
 ' gives mufcular force and generative powfr; but, 
 
 * eaten irreverently, deftroys them both. 
 
 56. ' He muft beware^ of giving any man 
 
 * what he leaves; and of eating any thing be- 
 
 * tween morning and evening: he maft alfo be- 
 
 * ware of eating too much, and of going any 
 
 * whither with a remnant of his food unfwal- 
 
 * lowed. 
 
 ^j. * Exceffive eating is prejudicial to health, 
 
 * to fame, and to future blifs in heaven ; it is in- 
 
 * jurious to virtue, and odious among men : he 
 
 * muft, for thefe reafons, by all means avoid it. 
 
 58. • Let a Brahmen at all times perform the 
 
 * ablution with the pure part of his hand denb- '. 
 
 * minated from the Veda, or with the part facred 
 ' to the Lord of creatures, or with that dedicated 
 
 * to the Gods; but never with the part named' 
 
 * from the Pitris : 
 
 ^^. * The pure part under the root of the' 
 
 * thumb is called Brahma ; that at the root of the 
 ' little finger, C4y a-, xhRt at the tips of the fingers,* 
 
ON THE FIRST ORDER. ' 121 
 
 * Daw a; and the part between the thumb and the 
 
 * index, Pitrya. 
 
 60. ' Let him firft fip water thrice; then 
 
 * twice wipe his mouth ; and laftly touch with 
 ' water the Jix before mentioned cavities, Ms 
 
 * breaft, and his head. 
 
 61. 'He, who icnbws the law, and feeks 
 
 * purity, will ever perform his ablution with the 
 
 * pure part of his hand, and with water neither 
 
 * hot nor frothy, ftanding in a lonely place, and 
 
 * turning to the eaft or the north. 
 
 62. ' A Brahmen is purified by water that 
 
 * reaches his bofom ; a CJhatrtya, by water de- 
 ' fcending to his throat; a Vaifya, by water 
 
 * barely taken into his mouth; a Siidra by water 
 *. touched with the extremity of his lips. 
 
 63. ' A youth of the three higheft clafles is 
 
 * named upaviti, when his right hand is extended ' 
 ''for the cord to pafs over his head and be fixed on 
 
 * his kft Jho-ulder ; when his left hand is extended, 
 
 * tbat the thread may be placed on his right jboulder, 
 ' he is called prdchinacviti; and m'vitZy when it is 
 
 * faftened on his neck. 
 
 64. ' His girdle, his leathern mantle, his ftaffj 
 
 * his facrificial cord, and his ewer, he muft throw 
 ' into the water, when they are worn out or 
 
 * broken, and receive others hallowed by myftical 
 
 * texts. 
 
 65. * The ceremony of cefonta,, or cutting off 
 
122 ON EDUCATION; OR 
 
 * the hair., is ordained for a prieft in the fixteenth' 
 *year from conception; for a foldier, in the 
 
 * twenty-fecond ; for a merchant, two years later 
 
 * than that. ^ 
 
 66. ' The fame ceremonies, except that of the 
 *■ facrijicial thread, muft he duly performed for 
 
 * women at the fame age and in the fame order, 
 
 * that the body may be made perfed ; but with- 
 
 * out any texts from the Vida : 
 
 67. * The nuptial ceremony is confidered as 
 
 * the complete inftitution of women, ordained 
 
 * for them in the Veda, together with rever- 
 
 * ence to their hufbands, dwelling firft in their 
 
 * father's family, the bufmefs of the houfe, and 
 
 * attention to facred fire. 
 
 68. ' Such is the revealed law of inftitutioaf 
 
 * for the twice born ; an inftitution, in which 
 
 * their fecond birth clearly confifts, and which 
 
 * caufes their advancement ' in holinefs : now 
 
 * learn to what duties they muft afterwards ap- 
 
 * ply themfelves. 
 
 69. ' The venerable preceptor, having girt 
 
 * his pupil with the thread, muft firft inftrud 
 ' him in purification, in good cuftoms, in the 
 ' management of the confecrated fire, and in the 
 
 * holy rites of morning, noon, and evening, 
 
 70. * When the ftudent is going to read the 
 ' Veda, he muft perform an ablution, as the law 
 
 * ordains, with his face to the north ; and hav- 
 
ON THE FIRST ORDER. 123 
 
 *.Ing paid fcriptural homage, he muft receive in-* 
 *fl:ru"iion, wearing a clean veft, his members 
 ' being duly compofed : 
 
 y I . ' At the beginning and end of the le^ure, 
 *.he muft always clafp both the'Teet of his pre- 
 ' ceptor; and he muft read with both his hands 
 ' clofed : (this is called fcriptural homage.) 
 
 72. ' With crofted hands let hyn clafp the 
 
 * feet of his tutor, touching the left foot ^with hie 
 
 * left, and the right with his right, hand. 
 
 73. * When he is prepared for the ledure, the 
 'preceptor, conftantly attentive, muft fay: 
 " hoa ! read;" and^ at the clofe of the leflbn, he 
 'muft fay: " take reft." 
 
 . 74. ' A Brahmen, beginning and ending a 
 
 * le<3:ure on the Ve4^^ muft always pronounce tQ 
 *;himfelfthe fyllable 6m; for, unlefs the fyllablc 
 ' 6m precede, his learning will flip away from 
 *.him; and, unlefs it follow, nothing will be 
 
 * long retained. 
 
 75. ' If he havefitten on culms oi cus'a with 
 ' their points towards the eaft, and be purified 
 
 * by rubbing that holy grafs on both his hands, 
 
 * and be further prepared by three fuppreffionsof 
 '•breath, each equal in time tofive foort 'vowels, he 
 •then may fitly pronounce 6m.. 
 
 76. ' Brahma' milked out, as it were, from 
 
 * the three Vedas, the letter A, the letter U, 
 
 * and the letter JM> njohich form by their coali- 
 
124 ON EDUCATION; OR 
 
 * tion the triliteral monofyllable^ together with three' 
 
 * myfterious words, bhur, bbuvahtfweri or earthy, 
 
 * Jky, heaven : 
 
 yj. ' From the three Vedas alfo the Lord of 
 ' creatures, incomprehenfibly exalted, fuccef- 
 
 * fively milked out the three meafures of that 
 
 * ineffable text, beginning with the word tad, 
 
 * and entitled y^iJ/Vri or gdyatri. 
 
 78. 'A prieft who fhall know the Veda, and 
 ' fhall pronounce to himfelf, both morning and 
 
 * evening, that fyllable, and that holy text pre- 
 
 * ceded by the three words, fhall attain the fanc- 
 
 * tity which the Veda confers ; 
 
 79. * And a twice born man, who fhall a 
 
 * thoufand times repeat thofe three (or dm, the 
 
 * vydhrUis, and the gdyatri, 2iY>2LXtfrom the muU 
 
 * titude, fhall be releafed in a month even from 
 
 * a great offence, as a fnake from his flough, 
 
 80. ' The prieft, the foldier, and the mer- 
 
 * chant, who fhall negled this myflerious text, 
 
 * and fail to perform in due feafon his peculiar 
 
 * ads of piety, fhall meet with contempt among 
 
 * the virtuous. 
 
 81. The three great immutable words, pre- 
 
 * ceded by the triliteral fyllable, SinA followed by 
 
 * the gdyatri, which confifls of three meafures, 
 ' .muft be confidered as the mouth, or principal 
 ' part, of the Veda : '• 
 
 82. ' Whoever fhall repeat, day by day for 
 
ON THE FIRST ORDER. 125 
 
 * three years, without negligence, that facred 
 
 * text, fhall hereafter approach the divine eflence, 
 ' move as freely as air, and afTume an ethereal form. 
 
 83. * The triliteral monofy liable is an emblem of 
 
 * the Supreme -, the fuppreffions of breath ivitb a 
 
 * mind fixed on God, are the higheft devotion ; 
 
 * but nothing is more exalted than the gdyatri: 
 
 * a declaration of truth is more excellent than 
 
 * filence. 
 
 84. ' All rites ordained in the Veda^ oblations 
 ' to fire, and folemn facrifices, pafs away ; but 
 
 * that, which pafTes not away, is declared to be 
 ' the fyllable 6m, thence called acjhara ; fmce it 
 
 * is a.fymbol of GoT>j the Lord of created Beings. 
 
 85. * The adt of repeating his Holy Name is 
 
 * ten times better, than^^the appointed facrifice; a 
 
 * hundred times better, when it is heard by no 
 
 * man; and a thoufand times better, when it is 
 
 * purely mental .: 
 
 ' 86. * The four domeftic facraments, which 
 
 * are accompanied with the appointed facrifice, 
 ' are not equal, though all be united, to a fix- 
 
 * teenth part of the facrifice performed by a reJ- 
 
 * petition of the gdyatri : 
 
 87. * By the fole repetition of the gdyatri^- a 
 
 * prieft may indubitably attain beatitude, let him 
 
 * perform, or not perform, any other religious 
 
 * ai.SC', if he be Maitra, or a. friend to all creatures, ' 
 
I2S ON EDUCATION; OR 
 
 * he Is juftly named Brdhmena, or united to the 
 
 * Great One. 
 
 88. 'In reftraining the organs, which run 
 
 * wild among ravifliing fenfualities, a wife man 
 
 * will apply diligent care, like a charioteer in 
 
 * managing reftive horfcs. 
 
 8^9. ' Thofe eleven organs, to which the firffi 
 
 * ages gave names, I will comprehenfively enu- 
 ' merate, as the law confiders them, in due 
 
 * order. 
 
 90. * The nofe is the fifth, after the ears, the 
 
 * fkin, the eyes, and the tongue ; and the organs 
 
 * of fpeech are reckoned the tenth, after thofe of 
 
 * excretion and. generation, and the hands and 
 
 * feet : 
 
 91. ' Five of them, the ear and the reft in 
 ' fucceffion, learned men have called organs of 
 ' fenfe ; and the others, organs of a£tion: 
 
 92. ' The heart muft be confidered as thrf 
 
 * eleventh ; which, by its natural property, com- 
 ' prifes both fenfe and adllon; and which being 
 
 * fubdued, the other two fets, with five in each, 
 
 * are alfo controlled. 
 
 93. ' A man, by the attachment of his organs 
 
 ' to fenfual pleafure, incurs certain guilt; but, . 
 'having wholly fubdued them, he thence attains 
 
 * heavenly blifs. 
 
 94. ' Defire is ftever fatisfied with the .enjoy- 
 
ON THE FIRST ORDER. 127 
 
 "* ment of delxred objeds; as the fire is not ap- 
 
 * peafed with clarified butter ; it only blazes 
 
 * more vehemently. 
 
 95. * Whatever man may obtain all thofe gra- 
 
 * tifications, or whatever man may refign them 
 ' completely, the refignationof all pleafures is far 
 ' better than the attainment of them. 
 
 96. * The organs, ieing ftrongly attached to 
 ' fenfual delights, cannot ' fo effedtually be re- 
 
 * {trained by avoiding incentives to pleafure, as 
 
 * by a conftant purfuit of divine knowledge. 
 
 '97. ' To a man contaminated by fenfuality 
 
 * neither the Vedas^ nor liberality, nor facrifices, 
 
 * nor ftridi obfervances, nor pious aufterities, 
 
 * ever procure felicity. 
 
 98. * He mufl: be confidered as really tri- 
 
 * umphant over his organs, who, on hearing and 
 
 * touching, on feeing and tailing and fmelling, 
 ' what may pleafe or offend the fenfes, neither 
 
 * greatly rejoices nor greatly repines: 
 
 99. ' But, w^hen one among all his organs fails, 
 
 * by that fingle failure his knowledge of GpD 
 
 * paffes away, as water flows through one hole in 
 
 * a leathern bottle, 
 
 IQO. * Having kept all his members of fenfe 
 
 * and aSiion under control, and obtained alfo 
 
 * command over his heart, he will enjoy every 
 ' advantage, even though he reduce not his body 
 
 * by religious aufterities. 
 
 10 1. 'At the morning twilight, let him ftand 
 
12S ON EDUCATION; OR 
 
 * repeating the ■gdyatri, until he fee the fun ; 
 ' and, at evening twilight, let him repeat it fitting 
 
 * until the liars diftindly appear : 
 
 102. ' He, who ftands repeating it at the morn- 
 ' ing twilight, removes all unknown no£turnal fin; 
 
 * and he, who repeats it fitting at evening twi- 
 
 * light, difperfes the taint, that has unknowingly 
 ' been contracted in the day; 
 
 103. ' But he, who ftands not repeating it in 
 
 * the morning, and fits not repeating it in 
 
 * the evening, muft be precluded, like a Sudra^ 
 ' from every facred obfervance of the twice born 
 ,' clafles. 
 
 1 04. ' Near pure water, with his organs holden 
 
 * under control, and retiring with circumfpedioii 
 
 * to fome unfrequented place, let him pronounce 
 
 * the gdyatri, performing daily ceremonies. 
 
 105. 'In reading the Veddngas, ox grammar^ 
 
 * profody, mathematicks, and fo forth, or even 
 
 * fuch parts of the Vedf,, as ought conftantly to be 
 
 * read, there is no prohibition on particular days; 
 ' nor in pronouncing the texts appointed for ob- 
 ' lations to fire : 
 
 106. ' Of that, which muft conftantly be 
 ' read, and is therefore called Brahmafairdy 
 ' there can be no fuch prohibition ; and the ob- 
 ' laticn to fire, according to the Veda, produces 
 
 * good fruit, though accompanied vAih. the text 
 
 * vafiat', which on other occajions muft be intqr* 
 
 * mitted on certain days. 
 
ON THE FIRST ORDER. i29 
 
 107. * For him, who fhall perfift a whole year 
 ' in reading the Feda, his organs being kept "in 
 ' fubjedion, and his body pure, there will al- 
 
 * ways rife good fruit from his offerings o/'railk 
 ' and curds, o/" clarified butter and honey- 
 
 108. ' Let the twice born youth, who has 
 
 * been girt with the facrificial cord, coUe£t wood 
 
 * for the holy fire, beg food of his relations, 
 
 * fleep on a low bed, and perform fuch offices as 
 'may pleafe his preceptor, until his return to the 
 ' houfe of his natural father. 
 
 109. ' Ten perfons may legally be inftru6led 
 
 * in the Veda ; the fon of a fpiritual teacher ; a 
 '' boy, who is ajSiduous ; one who can impart- 
 ' other knowledge; one who is juft; one who is 
 '■ pure ; one who is friendly ; one who is power- 
 \ ful ; one who can beftow wealth ; one who is 
 ' honeft; and one who is related by blood. 
 
 no, ' Let not a fenfible teacher tell any 
 
 * other what he is not alked, nor what he is 
 ' afked improperly; but let him, however in- 
 
 * telligent, a£t in the multitude, as if he were 
 ' dumb : 
 
 111. * Of the two perfons, him, Who illegally 
 
 * aiks, and him, who illegally anfwers, one will 
 
 * die, or incur odium. 
 
 112. * Where viftue, and wealth y^^wK/ td 
 *■ f&cureity are not founds or diligent attention, at 
 
 * leaji proportioned to the holmefs of the JubjfeBi, 
 
 yoL, V. K 
 
130 ON EDUCATION; OR 
 
 * in that foil divine inftrudion muft not be fown: 
 ' it would perifh, like fine feed in barren land. 
 
 113. * A teacher of the Veda fhould rather die 
 ' with his learning, than fow it in fterile foil, 
 ' even though he be in grievous diftrefs for fub- 
 ' fiftence. 
 
 114. * Sacred Learning, having approached a 
 ' Brahmen, faid to him: "I am thy precious gem; 
 *' prefefve me with care j deliver me not to a- 
 " fcorner; (fo prefervedl^?^ become fupremely 
 " ftrong.) 
 
 115. "But communicate me, as to a vigilant 
 " depofitary of thy gem, to that ftudent, whom 
 " thou fhalt know to be pure, to have fubdued 
 " his paffions, to perform the duties of his order"." 
 
 116. ' He, whofhall acquire knowledge of ^t 
 ' Veda, without the aflent of his preceptor, in- 
 ' curs the guilt of ftealing the fcripture, and fhall 
 ' fink to the region of torment. 
 
 117. ' From whatever teacher a ftudent has 
 ' received inftrudion, either popular, ceremo- 
 ' nial, or facred, let him firft falute his inftrudor, 
 
 * when they meet. 
 
 118. 'A Brahmen^ who completely governs 
 ' his paffions, though he know the gdyatri only, 
 
 * is more honourable than he, who governs not 
 < his paffions, who eats all forts of food, andiells- 
 ' -iW forts of commodities, even though he know 
 ' the three Vedas. * 
 
 .119. * When a fuperiour fits on a couch or 
 
ON THE FIRST ORDER. 131 
 
 * bench, let not an inferiour fit on it with him ; 
 
 * and, if an inferiour be fitting on a couch, let 
 
 * him rife to falute a fuperiour. 
 
 1 20. ' The vital fpirits of a young mail mount 
 
 * upwards to depart from him^ when an elder ap- 
 ' proaches ; but, by riling and falutation, he re- 
 
 * covers them. 
 
 121. ' A youth, who habitually greets and 
 
 * conftantly reveres the aged, obtains an increafe 
 
 * of four things ; life, knowledge, fame, ftrength. 
 
 122. ' After the word of falutation, a Brdh- 
 ' men mull addrefs an elder, faying : " I am fuch 
 " an one ;" pronouncing his own name. 
 
 123. * If any perfons, through ignorance of 
 ' ihe Sanfcrit language, underlland not the im- 
 ' port of his name, to them fhould a learned man 
 
 * fay : " It is I ;" and in that manner he fhould 
 
 * addrefs all claffes of women. 
 
 1 24. ' In the falutation he fhould pronounce^ 
 
 * after his own, name, the vocative particle i>ho'si 
 ' for: the particle i>ho's. is held by the wife to have 
 
 * the fame property with na.mesf ul/y expreffed,- 
 
 125. ' A Brahmen fhould thus be fainted in 
 
 * return ; " May'ft thou live long, excellent 
 " man !" and, at the end of his name, the vowel 
 ' and preceding confonant fhould be lerigthened, 
 
 * nioith an accute accent^ to three fyllabick mo- 
 
 * ments, or fhort vowels. 
 
 126. * That Brahmen, who knows not the 
 
 K 2 
 
132 ON EDUCATION; OR 
 
 * form of returning a falutatioh, muft not be fa- 
 
 * luted by a man of learning : as a Sudra^ even 
 
 * fo is he. 
 
 127. • Let a learned manaffca prieft-, when he 
 ' meets him, if his devotion profpers; a warriour, 
 ' if he is unhurt ; a merchant, if his wealth is 
 ' fecure ; and one of the fervile clafs, if he 
 
 * enjoys good health ; ufing refpeBively the 
 ' words, cus'alam, anamayam, cfhemam, dnd 
 
 * arogyam. 
 
 128. * He, who has juft performed a folemn 
 ' facrifice and ablution, muft not be addrefTed by 
 
 * his name, even though he be a younger man ; 
 
 * but he, who knows the law, fhould accoft him 
 ' with the vocative particle, or with bhavat, the 
 •• pronoun of refpedt. 
 
 129. 'To the wife of another, and to any 
 
 * woman not related by blood, he muft iay, 
 *' bkavati, and amiable fifter." 
 
 130. * To his uncles paternal and maternal, to 
 
 * his wife's father, to performers of the facrifice, 
 ' and to fpiritual teachers, he muft fay : " I am 
 " fuch an one" — rifmg up to falute them, even 
 
 * though younger than himfelf. 
 
 131. 'The fifter of his mother, the wife of 
 
 * his maternal uncle, his own wife's mother, land 
 
 ' the fifter of his father, muft be faluted like the . 
 ' wife of his father or preceptor: they are eqiral 
 
 * to his father's or his preceptor's wife. 
 
ON THE FIRST ORDER. .13^ 
 
 132. ' The wife of his brother, if Ihe be of 
 ' the fame clafs, muft be faluted every day; but 
 ' his paternal and maternal kinfwomen need only 
 ' be greeted on his return from a journey. 
 
 ^33' ' With the fifter of his father and of his 
 ' mother, and with his own elder f;fter, let him 
 ' demean himfelf as with his mother ; though 
 ' his mother be more venerable than they. 
 
 134. ' Fel'ow citizens are equal for ten years ; 
 
 * dancers and fingers, for five ; learned theolo- 
 
 * gians, for lefs than three; but perfons related 
 
 * by blood, for a fhort time : tbat is, a greater 
 ' difference of age dejiroys their equality. 
 
 1 2,S- ' Thie ftudent muft confider a Brahmen, 
 
 * though but ten years old, and a CJhatriya, 
 
 * though aged a hundred years, as father and 
 
 * fon ; as between thofe two, the young Brahmen 
 
 * is to be refpeBed as the father. 
 
 136. ' Wealth, kindred, age, moral conduit, 
 ' ^nd, fifthly, divine knowledge, entitle men to 
 ' refpe£t; but that, which is lail mentioned in 
 
 * order, is the moft refpe£table. 
 
 137. * Whatever man of the three highejt 
 ^ clalTes poflefTes the moft of thofe five, both in 
 ' number and degree, that man is entitled to moft 
 ' refped:; even a Sudra, if he have entered the 
 
 * tenth decad of his age. 
 
 138. ' Way muft be made for a man in a 
 '< wheeled carriage, or s^bove niijety years old, or 
 
134. ON EDUCATION; OR 
 
 * afflidled with difeafe, or carrying a burden ; for 
 ' a woman; for a prieft juft returned from the 
 
 * manfion of his preceptor j for a prince, and for 
 
 * a bridegroom : 
 
 139., ' Among all thofe, if they be met at 
 
 * one time, the prieft juft returned home and the 
 
 * prince are moft to be honoured ; and of thofe 
 
 * two, the prieft juft returned fhould be treated 
 ? with more refpect than the prince. 
 
 140. ' That prieft, who girds his pupil with 
 ? the facrificial cord, and afterwards inftruds him 
 Mn the whole Veda, with the law of facrifice and 
 ' the facred Upanijhads triply {di^e^ call an denary a: 
 
 141. ' But he, who, for his livelihood, give§ 
 f inftru£tion in a part only of the Veda, or in 
 ? grammar, and other Fe'ddngas, is Called an 
 ^ upddhydya^ or fubleQurer. 
 
 142. ' The father, who performs the cere- 
 
 * monies on conception and the like, according 
 ' to law, a id who nourifhes the child with his 
 
 lirft rice, has the epithet oi guru, or venerable. 
 
 143. ' He, who receives a ftipend for prepar- 
 ' ing the holy fire, fqr conducing the pdca and 
 ' agrnjhtdma^ and for performing other facrifices, 
 ' is called in this code the ritwij of his employer. 
 
 144. ' He, who truly and faithfully fills both 
 ' ears with the Veda, muft be confidered as 
 
 * equal to a mother; He muft be revered as a 
 f father ; Him the pujpil muft never grieve. 
 
ON THE FIRST ORDER. 135 
 
 ' 145. ' A mere dchdrya, or a teacher df the 
 ' gayatri only, furpaflcs ten upadhyayas ; a fa- 
 ' ther, a hundred fuch dchdryas; and a 'mother, 
 ' a thoufand natural fathers. 
 
 146. ' Of him, who gives natural birth, and 
 *. him, who gives knowledge of the whold Veda, 
 ' the giver of facred knowledge is the more ve- 
 
 * nerable father ; fmce the fecond or divine birth 
 ' enfures life to the twice born both in this world 
 ' and hereafter eternally. 
 
 147. Let a man confider that as a mere hu- 
 
 * man birth, which his parents gave him for 
 
 * their mutual gratification, and which he re- 
 
 * ceives after lying in the womb; 
 
 148. * But that birth, which his principal 
 
 * dchdrya who knows the whole Veda, procures 
 ' for Tiim 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 be- 
 
 * nefit of facred learning, whether it be little or 
 
 * much, let him know to be here named guru, 
 
 * or venerable father, in confequence of that hea- 
 
 * venly benefit. 
 
 150. ' A Brahmen, who is the giver of fpirl- 
 ' tual birth, the teacher of prefcribed duty, is by 
 *, right called the father of an old man, though 
 'himfelf be a child. 
 
 151. ' CAvijor//^? /(?tfr«d'4chiIdof Angiras, 
 
15$ ON EDUCATION; OR 
 
 ' tauglit his paternal unele's a,nd coufins to read tli^ 
 .*" Fe'da, and, excelling them in divine knowledge, 
 ' faid to them '' little fons:" 
 
 152. * They, moved with refentment, a&ed 
 ^ the Gods the meaning of that exprejjion; and 
 .' the Gods, being affembled, anfwered . them ; 
 *' The child has addrefled you properly ; 
 
 153. " For an unlearned man Is in truth a' 
 ^' child; aad he, who teaches him the Veda^ \%- 
 " his father : holy fages have always faid child' 
 »" to an ignorant rnan, and father to a teacher of 
 " fcripture." 
 
 154. ' Greatnefs is not conferred by years, 
 ' not by gray hairs, not by wealth, not by power- 
 .' ful kindred; the divine f?ges have eftabliflied 
 ' this rule : " Whoever has read the Vedas a'n^' 
 -" their Angus, He arnong us i§ great." 
 
 155. * The feniority of priefts is frona facre4 
 ' learning; of warriours, from valour; of mer- 
 ' chants, from abundance of grain ; of the fervile 
 ' clafs, only from priority of birth. 
 
 156. 'A man is not therefore aged, becaufe' 
 ? his head is gray : him, furely, the Gods confi- 
 ^ dered as aged, who, though young in years, has' 
 5 read and understands the Veda. 
 
 ^57- ' As an elephant made of wood, as an' 
 ^ antelope made of leather, fuch is an unlearned 
 f Brahmen: thofe three have nothing hut names.' 
 
 158. J. As an eunuch is unprodudive wit!} 
 
ON THE FIRST ORDER. 137 
 
 ' women, as a cow w'ith a cow is unprolifick, as 
 
 * 'liberality to a fool is fruitlefs, fo is a Brahmen 
 
 * ufelefs, if he read not the holy texts. 
 
 159. • Good inftruftion muft be given with- 
 
 * out pain to the inftrudted ; and fw'eet gentle 
 
 * fpeech muft be ufed by a preceptor, who 
 
 * cherifhes virtue. 
 
 160. * He, whofe difcourfe and heart are 
 ' pure, and ever perfe£tly guarded, attains all 
 
 * the fruit arifing from his complete ^ourfe of 
 ' ftudying 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 fuffer 
 
 * uneafmefs ; lince that will obftrudt his own 
 
 * progreTs to future beatitude. 
 
 162. 'A Brahmen fhould conftantly fhun 
 ^ worldly honour, as he would Ihun poifon ; 
 ' and rather conftantly feek difrefpeft, as he 
 ^ would feek neftar ; 
 
 1 63. • For though fcorned, he may fleep with 
 ' pkafure ; with pleafure may he awake ; with 
 ^ pleafure may he pafs through this life : but the 
 ^ fcorner utterly periflies. 
 
 J 64. ' Let the tvsrice born youth, whofe foiil 
 
 * has been formed by this regular fucceflion of 
 
 * prefcribed adts, colle6l by degrees, while he 
 ^ dwells with his preceptor, the devout habits 
 
 * proceejiing frbm the ftudy of fcripture. 
 
138 ON EDUCATION ; OR 
 
 1 6^. ' With various modes of devotion, and 
 
 * with aufterities ordained by the law, mufl the 
 ' whole Fe'da be read, and above all the facred 
 
 * Upanijhads^ by him, who has received a new 
 
 * birth. 
 
 1 66. ' Let the bell of the twice born clafles, 
 
 * intending to praftife devotion, continually re- 
 
 * peat the reading of fcripture ; fince a repetition 
 
 * of reading the fcripture is here ftyled the 
 
 * higheft devotion of a Brahmen : 
 
 167. 'Yes verily; that.ftudent in theology 
 
 * performs the higheft ad: of devotion with his 
 ' whole body to the extremities of his nails, even 
 
 * though he be Jo far fenfual as to wear a chaplet 
 ' of fweet flowers, who to the utmoft of his abi- 
 ' lity daily reads the Veda. 
 
 168. ' A twice born man, who, not having 
 ' ftudiedthe Veda, applies diligent attention to 
 
 * a different and worldly ftudy, foon falls, even 
 
 * when living, to the condition of a Sudra; and 
 ' his defcendants after him. 
 
 169. * The firft birth is from a natural mother; 
 ' the fecond, from the ligation of the zone ; the 
 
 * third, from the due performance of the facri- 
 ' fice; fuch are the births of him, who is ufually 
 ' called twice born, according to the text of thq 
 ' Veda : 
 
 I JO. ' Among them his divine birth is th^t, 
 ' which is diftinguifhed by the ligation of the 
 ' zone and facrificial cord; and in \.\\^t birth the 
 
ON THE FIRST ORDER. 139 
 
 * G&yatri is his mother, and the Achdrya, his 
 
 * father. 
 
 171. ' Sages call the A'chdryaiaxhev from his 
 
 * giving inftrudion in the Feda: nor can any 
 
 * holy rite be performed by a young man before 
 
 * his inveftiture. 
 
 172. ' Till he be invejied. with thejigns of his 
 
 * clafs, he muft not pronounce any facred text, 
 '■ except what ought to be ufed in obfequies to 
 ' an anceftor- fmce he is on a level with a Sudr.a 
 
 * before his new birth from the revealed fcrip- 
 ^ture: 
 
 173. * From him, who has been duly invefted, 
 ^ are required both the performance of devout 
 ' adls, and the iludyof the Veda in order, pre- 
 
 * ceded by ftated ceremonies. 
 
 174. ' Whatever fort of leathern mantle, fa- 
 ^ crificial thread, and zone, whatever ftaff, and 
 
 * whatever under-apparel are ordained, as before 
 ' mentioned^ for a youth of each clafs, the like 
 
 * muft alfo be ufed in his religious ads. 
 
 175. ' Thefe following rules muft a Brahma- 
 *■ chart, or Jiudent in theology, obferve, while he 
 ^ dwells with his preceptor; keeping all his 
 ^members under control, for the fake of increaf- 
 
 ■ ing his halbitual devotion. 
 
 1 76. ' Day by day, having bathed and being 
 
 * purified, let him offer frefh water to the Gods, 
 
 ■ the Sages, and the Manes; let him fhow refpedl 
 
140 ON EDUCATION; OR 
 
 * to the images of the deities, and bring wood 
 
 * for the oblation to fire-. 
 
 177. ' Let him abftain from honey, from 
 
 * flefh meat, from perfumes, from chaplets of 
 
 * flowers, from fweet vegetable juices, from wo- 
 
 * men, from all fweet fubftances turned acid, 
 
 * and from injury to animated beings ; 
 
 178. ' From unguents for his limbs, and from 
 ' black powder for his eyes, from wearing fan- 
 ' dais and carrying an umbrella, from fenfual 
 ' defire, from wrath, from covetoufnefs, from 
 
 * dancing, and from vocal and inftrumental 
 
 * mufick; 
 
 1 79. ' From gaming, from difputes, from de- 
 
 * tratflion, and from falfehood, from embracing 
 ' or wantonly looking at women, and from dif- 
 
 * fervice to other men. 
 
 180. 'Let him fleep conftantly alone,: let 
 
 * him never wafte his own manhood ; for he, 
 ' who voluntarily waftes his manhood, violates 
 ' the rule of his order, and becomes an avacirni: ' 
 
 1 8 J . 'A twice born youth, who has involun- 
 
 ' tarily wafted his manly ftrength during fleep, 
 
 , ' muft repeat with revereuce, having bathed and 
 
 ' paid homage to the fun, this text of fcripture ; 
 
 " Again let my Jlrength return to mey 
 
 182. 'Let him carry water-pots, flov/ers, 
 ' cow-dung, frefh earth, and cz/j'^-glafs, as mudh 
 ' as may be ufeful to his preceptor ; and let him 
 
ON THE FIRST ORDER. Ul 
 
 ' perform every day the duty of a religious men- 
 
 * dicant. 
 
 183. ' Each day muft a Brahmen ftudent re- 
 ' ceive his food by begging, with due care, from 
 ' the houfes of perfons renowned for difcharging 
 ' their duties, and not deficient in performing 
 
 * the facrifices, which the Veda ordains. 
 
 184. 'Let him not beg from the coufins of 
 ' his preceptor ; nor from his own coufms; nor 
 ' from other kirifmen by the father's fide, or by 
 
 * the mother's; but, if other houfes benotaccef- 
 ' fible, let him begin with the laft of thofe in 
 
 * order, avoiding the firft ; 
 
 185. ' Or, if none of thofe houfes ]\i^ men^ 
 
 * tioned can be found, let him go begging 
 
 * through the whole diftridl round the village, 
 
 * keeping his organs in fubjedlion, and remain- 
 
 * ing filcnt : but let him turn away from fuch, 
 ' as have committed any deadly fin. 
 
 1 86. ' Having brought logs of wood from a 
 
 * diftance, let him place them in the open air ; 
 ' and with them let him make an oblation tq 
 ' fire, without remiifnefs, both evening and 
 ' morning. 
 
 1 87. ' He, who for feven fucceffive days omits 
 
 * the ceremony of begging food, and offers not 
 ^ wood to the facred fire, muft perform the 
 
 * penance of an avcfdrni^ unlejfe h^i)e af 
 
 * with iltegfs. 
 
142 ON EDUCATION ; OR 
 
 1 88. 'Let the ftudent petfift conftantly in 
 
 * fuch begging, but let him not eat the food of 
 
 * one perfon only : the fubfiftence of a ftudent 
 
 * by begging is held equal to fafting in religious 
 
 * merit. 
 
 189. * Yet, when he is aiked on a folemn ad 
 ' in honour of the Gods or the Manes, he may 
 
 * eat at his pleafure the food of a fingle perfon ; 
 ' obferving, however, the laws of abftinence and 
 ' the aufterity of an anchoret : thus the rule of 
 
 * his order is kept inviolate. 
 
 190. * This duty of a mendicant is ordained 
 ' by the wife for a 'Brahmen only ; but no fuch 
 ' ad is appointed for a warriour or for a mer- 
 
 * chant. 
 
 191. * Let the fcholar, when commanded 
 "■ by his preceptor, and even when he has re- 
 ' ceived no command, always exert himfelf in 
 
 * reading, and in all a6ts ufeful to his teacher. 
 
 192. ' Keeping in due fubjedion his body, 
 
 * his fpeech, his organs of fenfe, and his heart, 
 ' let him ftand, 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 compofed ; and, when his inftrudor 
 ' fays " be feated," let him fit oppofjte to his 
 ' venerable guide. 
 
 1 94. ' In the prefence of his preceptor let 
 
ON THE FIRST ORDER. 143 
 
 * him always eat lefs, and wear a coaffer mantle 
 
 * with worfe appendages: let him rife beforehand 
 
 * go to reft after, his tutor. 
 
 195. * Let him not anfwer his teacher's or- 
 ' ders, or converfe with him, reclining on a bed ; 
 
 * nor fitting, nor eating, nor ftanding, nor with 
 ' an averted face. 
 
 196. ' But let him both anfwer and converfe., 
 
 * if his preceptor fit, ftanding up ; if he ftand, 
 ' advancing toward him ; if he advance, meeting 
 ' him ; if he run, haftening after him. 
 
 197. ' If his face be averted, going round to 
 
 * front him, j'ro/ra left to right ; if he be at a little 
 ' diftance, approaching him ; if reclined, bending 
 ' to him; and, if he ftand ever fo 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 obferve him, let him not fit 
 ' carelcfsly at eafe. 
 
 199. 'Let him never pronounce the mere 
 ' name of his tutor, even in his abfence ; noT, 
 ' ever mimick his gait, his fpeech, or his 
 
 * manner. 
 
 200. ' In whatever place, either true but cen- 
 
 * forious, or falfe and defamatory, difcourfe is 
 ' held concerning his teacher, let him there cover 
 
 * his ears, or remove to another place. 
 
144 ON EDUCATION; OR 
 
 20 1. 'By cenfuring his preceptor, though 
 
 * juftly, he will be born an afs ; by falfely de* 
 ' faming him, a dog; by ufing his goods with* 
 ' out leave, a fmall worm ; by envying his merit, 
 ' a larger infe£t or reptile. 
 
 302: ' He mufl not ferve his tutor by the in- 
 
 * tervention of another, while himfelf ftands 
 ^ aloof; nor muft he attend him in a pafTion, nor 
 
 * when a woman is near: from a carriage or 
 ' raifed feat he muft defcend to falute his 
 
 * heavenly direftor. 
 
 203. ' Let him not fit with his preceptor to 
 
 * the leeward or to the windward of him ; nor 
 ' let him fay any thing, which the venerable man 
 ' cannot hear. 
 
 204. ' He may fit with his teacher in a car- 
 ' riage drawn by bulls, horfes, or camels ; on a 
 
 * terrace, on a pavement of ftones, or on a mat 
 ' of woven grafs; on a rock, on a wooden 
 ' bench, or in a boat. 
 
 205. ' When his tutor's tutor is near,' let 
 
 * him demean himfelf as if his own were 
 
 * prefent ; nor let him, unlefs ordered by his 
 
 * fpiritual father, proftrate himfelf in his pre-> 
 'fence before his natural father, or paternal uncle, 
 
 206. ' This is likewife ordained as his conftaHt 
 
 * behaviour toward his other inftrudors in fci-^' 
 ' ence; toward his elder paternal kinfmen ; tOr? 
 
O!^ THE FIRST ORDSR. US 
 
 * Ward all, who may reftfdn him from fin, and 
 
 * all, who give him falutary advice. 
 
 207. * Toward men alfo, Who are truly tir- 
 ' tuous, let him always behave as toward his 
 
 * preceptor; and in likemanneir toward the Tons 
 
 * of his teacher, who ate entitled to refpedt ai 
 
 * older men, and are not Jtudents ; and toward rfie 
 
 * paternal kinfmen of his venerable tutor. 
 
 208. * The f(in of his preceptor, whether 
 
 * younger or of equal age, or a ftudent, if he 
 ' be capable of teaching the Veda, defeirves the 
 
 * fame honour with the preceptor himfelf, when 
 
 * be is prefent at any facrificial adt * 
 , 2ogu * But he muft not perform for the fqn 
 
 * of his teacher the duty of rubbing his limbs, 
 
 * or of bathing him, or of eating what he leaves, 
 
 * ox of wafhing his feet. 
 
 210. * The wives of his preceptot, if they 
 ' be of the fame clafs, muft receive equal ho- 
 
 * nour with their vetierablehufband; but, if they 
 
 * be of a different clafs, they muft be honoured 
 
 * only by rifing and falutation. 
 
 211.' Por no wife of his teacher muft he 
 
 * perform the offices of pouring fcented oil on 
 ' them, of attending them while they bathe, of 
 
 * rubbing their legs and arms, or of decking their 
 
 * hair ; 
 
 212. * Nor muft a young wife of his precep- 
 
 * tor be greeted evea by, the ceremony of touchf 
 
 TOL. V. h 
 
146 ON EDUCATION i OR 
 
 * ing his feet, if he have completed his twentieth 
 ' year, or can diftinguifh virtue from vice. 
 
 213. ' It is the nature of women in this world 
 
 * to caufe the fedu6lion of men ; for which rea- 
 
 * fon the wife are never unguarded in the com- 
 
 * pany of females : 
 
 214. 'A female, indeed, is able to draw from 
 ' the right path in this life not a fool only, but 
 
 * even a fage, and can lead him in fubjeflion to 
 
 * defire or to wrath. 
 
 215. ' Let not a man, therefore, fit in a fe- 
 
 * queftered place with his neareft: female rela- 
 '-tions: the affemblage of corporeal organs is 
 ' powerful enough to fnatch wifdom from the 
 
 * wife. 
 
 2 1 6. 'A young ftudent may, as the law dl- 
 ' redls, make proflration at his pleafurp on the 
 ' ground before a young wife of his tutor^ faying: 
 *' I am fuch an one;" 
 
 217. ' And, on his return from a journey, he> 
 
 * muft once touch the feet of his preceptor's/ 
 
 * aged wife, and falute her each day by proftra- 
 ' tion, calling to mind the pradice of virtuous 
 
 * men. 
 
 2 18. 'As he, who digs deep with a Ipade, 
 
 * comes to a fpring of water, fo the ftudent, who 
 
 * humbly ferves his teacher, attains the know- 
 ' ledge which lies deep in his teacher's mind. 
 
ON THE FIRST ORDER. U7 
 
 219. ' Whether his head be fhorn, or his 
 
 * hair long, or one lock be bound above in a 
 ' knot, let not the fun ever fet or rife, while he 
 ' lies afleep in the village. 
 
 220. 'If the fun fhould rife or fet, while he 
 
 * fleeps through fenfual indulgence, and knows 
 
 * it not ; he muft faft a whole day repeating the 
 
 * gdyatri.: 
 
 221. ' He, who has been furprifed afleep \iY 
 
 * the fetting or by the riling fun, and performs 
 
 * not that penance, incurs great guilt. 
 
 222. ' Let him adore God both at funrifc 
 
 * and at funfet, 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 
 
 * adl leading to the chief temporal good, let the 
 
 * Ihident be careful to emulate it; and he may do 
 
 * whatever gratifies his heart, unlefs it be for- 
 
 * bidden by law : 
 
 224. ' The chief temporal good is by fome 
 
 * declared to confift in virtue and wealth; by 
 
 * fome, in wealth and lawful pleafure ; by 
 
 * fome, in virtug alone; by others, in wealth 
 « alone ; but the chief good here below is an 
 
 * aflemblage of all three : this is a fure decifion. 
 
 L 2 
 
148 ON EDUCATION; OR 
 
 225. * A TEACHER of the Veda Is th? image 
 « of God ; a natural father, the image of Br An- 
 'ma'; a mother, the image of the earth; dn 
 ' elder whole brother, the image of the foul: 
 
 226. * Therefore, a fpiritual and a natural fa- 
 ' ther, a mother, and an elder brother, are not 
 
 * to be treated with difrefpeft, efpecially by i 
 ' Brahmen^ though the ftudent be grievoufly 
 
 * provoked. 
 
 227. ' That pain and care, which a mother 
 ' and father undergo in producing and fearing 
 
 * children, cannot be compenfated in an hundred 
 
 * years. 
 
 228. ' Let every man conftantly do what may 
 
 * pleafe his parents, and on all occafions what 
 
 * may pleafe his preceptor : when thofe three 
 
 * are fatisfied, his whole courfe of devotion is' 
 
 * accomplifhed. ; 
 
 229. ' Due reverence to thofe three is coil- 
 
 * fidered as the higheft devotion ; and without 
 
 * their approbation he mull perform no other 
 
 * duty. 
 
 230. ' Since they alone are held equal to 
 
 * the three worlds ; they alone, to the principal 
 'orders; they alone, to the three Vedas-, they 
 ' alone, to the three fires : 
 
 331. * The natural father is confidered as the 
 
 * gdrbapatya, or nuptial fire ; the mother, as the 
 
/, ON THE FIRST ORDER. 149 
 
 * dacjhina^ or ceremonial ; the Tpirltual guide, as 
 
 * the dhavaniya, or facrificial : this triad of fires 
 *- is moft venerable. 
 
 232. ' He, who neglefts not thofe three, when 
 ' he becomes a houfekeeper will ultimately ob- 
 
 * tain dominion over the three worlds ; " and, his 
 ' body being irradiated like a God, he will enjoy 
 
 * fupreme blifs in heaven. 
 
 233. * By honouring his mother he gains this 
 ' terrejirial world ; by honouring his father, the 
 ' intermediate, or etherial; and, by affiduous at- 
 
 * tention ta his preceptor, even the celejiial vjoxld 
 
 * of Brahma': 
 
 234. ' All duties are completely performed by 
 
 * that man, by whom thofe three are completely 
 
 * honoured j but to him, by whom they are dif- 
 
 * honoured, all other a£ts of duty are fruit- 
 
 * lefs. 
 
 235. * As long as thofe three live, fo long he 
 
 * muft perform no other -duty for his own fake, 
 
 * but, delighting in what may conciliate their af- 
 
 * fe<flions and gratify their wlfhes,.he rriuft from 
 ' day to day affiduoufly 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 re- 
 
 * fped to them, he muft declare to them his en- 
 ' tire performance of it. 
 
ISO ON EDUCATION; OR 
 
 237. * By honouring thofe three, without 
 < more, a man efFedually does whatever ought 
 
 * to, be done : this is the higheft duty, appearing 
 
 * before us like Dherma himfelf, and every 
 ' other adt is an Upadherma, or fubordinate duty. 
 
 238. ' A believer in fcripture may receive 
 
 * pure knowledge even from a Siidra ; a leffon 
 ' of the higheft virtue, even from a Chdndala ; 
 
 * arid, a woman bright as a gem, even from the 
 
 * bafeft family : 
 
 239. ' Even from poifon may ne£tar be taken; 
 
 * even from a child, gentlenefs of fpeech ; even 
 
 * from a foe, prudent condu6l; and even from an 
 
 * impure fubftance, gold. 
 
 ^40. * From every quarter, therefore, muft 
 
 * be feledled women bright as gems, knowledge, 
 
 * virtue, purity, gentle fpeech, and various liberal 
 
 * art's. 
 
 241. 'In c^fe of neceffity, a ftudent is re- 
 ' quired to learn the Veda from one who is not 
 
 * a Brahmen^ and, as long as that inftrudion con- 
 
 * tinues, to honour his inftrudor with obfequious 
 
 * alliduity ; 
 
 242. ' But a pupil, who feeksthe incompa- 
 ' rable path to heaven, fhould not live to the 
 i end of his days in the dwelling of a preceptor, 
 
 * who is no Brahmen^ or who has not read all the 
 ' Vidas with their Angus. 
 
ON THE FIRST ORDER. 151 
 
 243. ' If he anxioufly defire to pafs his Whole 
 
 * life in the houfe of a facerdotal teacher, he 
 
 * muft ferve him with affiduous care, till he be 
 
 * releafed from his mortal frame : 
 
 244- * That Brahmen, who has dutifully' at- 
 
 * tended his preceptor till the diflblutiOn of his 
 
 * body, paffes diredly to the eternal manfion of 
 
 *G0D. 
 
 245. * Let not a ftudent, who knows his 
 ' duty, prefent any gift to his preceptor before his 
 ' return home ; but when, by his tutor's per- 
 ' miflion, he is going to perform the ceremdiiy 
 
 * on his return, let him give the venerable man 
 
 * fome valuable thing to the bell of his power; 
 
 246. ' A field, or gold, a jewel, a cow, or a 
 
 * horfe, an umbrella, a pair of fandals, a ftool, 
 ' corn, cloths, or even any very excellent vege- 
 
 * table : thus will he gain the affeflionate re- 
 
 * membrance of his inftrucftor. 
 
 247. ' The ftudent for life muft, if his teacher 
 
 * die, attend on his virtuous fon, or his widow, 
 
 * or on one of his paternal kinfmen, with the 
 'fame refpe£t, which he fliowed to the liv- 
 ' ing : 
 
 248. ' Should none of thofe be alive, he muft 
 
 * occupy the ftation of his preceptor, the feat, and 
 
 * the place of religious exercifes ; muft conti- 
 ' nually pay due attention to the fires, which he 
 
153 .ON EDUCATION, . &c. 
 
 * had confecrated; and muft prepare his Qwn 
 
 * foul for heaven. 
 
 249. ' The twice born rrian, who fhall thus 
 
 * without intermiffion havepafled the time of his, 
 
 * fludentfhip, fliall afcend after death to the mofl 
 ' exalted of regions, and no more again fpring 
 
 * to birth in this lower worlds 
 
CHAPTER THE THIRD, 
 On Marrtage j or, on the Second Order, 
 
 i.'lHE difcipline of a fludent in the three 
 
 * Vedas may be continued for thirty-fix years, 
 
 * in the houfe of his preceptor; or for half that 
 
 * time, or for a quarter, of it, or until he per- 
 
 * fe£lly comprehend them : 
 
 2. * A ftudent, whofe rules have not been 
 ' violated, may afTume the order of a married 
 
 * man, after he has read in fuccellion a sdcha, 
 
 * or branch, from each of the three, or from 
 ' two, or from any one of them. 
 
 3. ' Being juftly applauded for the ftri£t per- 
 
 * formance of his duty, and having received from 
 
 * his natural orfpiritual father the facred gift of 
 
 * the Veda, let him fit on an elegant bed, decked 
 
 * with a garland of flowers; and let his father 
 
 * honour him, before his nuptials, with a prefent 
 
 * of a cow. 
 
 4. ' Let the twice born man, having obtained 
 « the confent of his venerable guide, and having 
 
 * performed his ablution with ftated ceremo- 
 
 * nies on his return home, as the law direds. 
 
I 
 154 ON MARRIAGE ; 'or 
 
 ' efpoufe a wife of the fame clafs with himfelf 
 
 * and endued with the marks of excellence. 
 
 5. ' She, who is not defcended from his^^- 
 *iernal or maternal anceftors within the fixth 
 ' degree, and who is not knpzm hy the family name 
 
 * to he of the fame primitive ftock with his father 
 
 * or mother, is eligible by a twice born man for 
 
 * nuptials and holy union : 
 
 6. ' In conne6iing himfelf with a wife, lethira 
 ' fludiouily avoid the ten following families, be 
 
 * they ever fo great, or ever fo rich in kine, goats, 
 'Jheep, gold, and grain: 
 
 7. ' The family, which has omitted prefcribed 
 
 * a6ts of religion j - that, which has produced no 
 
 * male children ; that, in which the Feda has 
 
 * not been read ; that, which has thick hair dn 
 ' the body; and thofe, which have been fubjed 
 
 * to hemorrhoids, to phthifis, to dyfpepfia, to 
 
 * epilepfy, to leprofy, and to elephantiafis. 
 
 8. ' Let him not marry a girl with reddini 
 
 * hair, nor with any deformed limb; nor one 
 ' troubled withhabitual ficknefs; nor one either 
 
 * with no hair or with too much ; nor one im- 
 
 * moderately talkative; nor one with inflamed 
 
 * eyes ; 
 
 9. ' Nor one with the name of a coriftcllation, 
 
 * of a tree, or of a river, of a barbarous nation, 
 
 * or of a mountain, of a winged creature, a fnake, 
 
 * or a flave ; nor one with any name raifmg and 
 t image of terrour. 
 
ON THE SECOND ORDER. 15$ 
 
 10. * Let him chufe for his wife a girl, 
 
 * whofe form has no defe£t ; who has an agree- 
 
 * able name ; who walks gracefully like a pheni- 
 
 * copteros or like a young elephant; whofe hair 
 
 * and teeth are moderate refpe£tively in quan- 
 
 * tity and in fize ; whofe body has exquifite 
 
 * foftnefs. 
 
 11. * Her, who has no brother, or whofe fa- 
 
 * ther is not well known, let no fenfible man 
 ' efpoufe, through fear left, in the former cafe^ 
 
 * her father fhould take her firft fon as his own 
 
 * to perform his obfequies; or, in the focond 
 
 * cafe^ left an illicit marriage ihould be con- 
 
 * traded. 
 
 12. * For the firft marriage of the twice bora 
 
 * clafles a woman of the fame clafs is recom-^ 
 
 * mended ; but for fuch, as are impelled by 
 
 * inclination to marry again, Mromen in the di- 
 
 * reft order of the clafles are to be preferred: 
 
 13. * A Siidra woman only muft be the wife 
 ' of a Sudra; Ihe and a Vaijya, of a Vaifya ; they 
 
 * two and a CJhatriya, of a CJhatriya ; thofe twO' 
 ' and a Brdhmani, of a Brahmen. 
 
 14 'A woman of the fervile clafs is not 
 
 * mentioned, even in the recital of any ancient 
 
 * ftdry, as the firft wife of a Brahmen or of a C/ha- 
 
 * triya, though in the greateft difficulty to find a 
 
 * fuitable match. 
 
 15. ' Men of the twice born claflesj. who. 
 
iss ' "on MARRIAGE ; OR 
 
 * through weaknefs of intelled, irregularly marry 
 *" women of the loweft clafs, very foon degrade 
 ' their families and progeny to the ftate oiSudras: 
 
 1 6. ' According to AfRi and to (Go'tama) 
 
 * the fon of Ut at'hya, he, who thus marries a 
 ' woman of the fervile clafs, if he be a prieji, is 
 *■ degraded inftantly; according to Saunac A, on 
 
 * the birth of a fon, if he be a warriour ; .and, 
 
 * if he be a merchant^ on the birth of a fon's fon, 
 
 * according to (me) Bhrigu. - ^ ' 
 
 17. * A Brahmen, if he take a Sudra to his 
 
 * bed, as hisfirfi zvife, fmks to the regions of tor- 
 
 * ment ; if he beget a child by her, he lofes even 
 
 * his prieftly rank : 
 
 18. ' His facrifices to the Gods, his oblations 
 
 * to the Manes, and his hofpitable attentions to 
 
 * ftrangers, muft be fupplied principally by her j 
 
 * but the Gods and Manes will not eat fuch of- 
 
 * ferings ; nor can heaven be attained by fuch 
 ' hofpitality. 
 
 19. ' For the crime of him, who tijus illegally 
 ^ drinks the moifture of a Sudra's lips, who is 
 
 * tainted by her breath, and who even begets a 
 
 * child on her body, the law declares no ex- 
 
 * piation. 
 
 20. ' Now learn compendioufly the eight 
 
 * forms of the nuptial ceremony ufed by the 
 
 * four clafles, fome good and fome bad in this 
 
 * world and in the next : 
 
ON THE SECOND^ ORDER. 157 
 
 ^i. 'Theceremony of Brahma', of the D^Wj, 
 
 * of the Rtjhis, of the Prqjapatis, of the AfuraSy 
 
 * of the GandharvaS:, and of the Racfiqfas j the 
 ' eighth and bafeft is that of the Pifdcbas. 
 
 2 2. * Which of them is permitted by law to 
 ' each clafe, and what are the good and bad pro- 
 
 * perties 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 thejixfirjl In 
 
 * dire6t order are by fome held valid in the cafe 
 
 * of a prieft ; the four laft in that of a warriour;^ 
 
 * and the fame four, except the Rdcjhafa mar- 
 
 * riage, in the cafes of a merchant and a man of 
 
 * the fervile clafs : 
 
 24. ' Some confider the four firft only as ap- 
 
 * proved in the cafe of a prieft ; one, that ofRacJb- 
 
 * a/as, as peculiar to the foldier ; and, that oiAfU" 
 
 * ras, to a mercantile and a fervile man: 
 
 25. ' But in this code, three of the five lajl 
 ' are held legal, and two illegal : the ceremonies 
 
 * of Pifdehas and AJuras muft never be per- 
 
 * formed. 
 
 26. * For a military man the beforementioned 
 
 * marriages oiGandharvas and Racjh of as, virhethev 
 
 * feparate, or mixed, as when a girl is made cap- 
 
 * live by her lover, after a victory over her kinf- 
 
 * men, are permitted by law. 
 
 27. ' The gift of a daughter, clothed only with 
 
J5S OR MARRIAGE ; OR 
 
 * a fingle robe, to a man learned in the Veda, 
 
 * whom her father voluntarily invites and re- 
 ' ipedfully receives, is the nuptial rite called 
 
 * Brahma, 
 
 28. ' The rite, which fages call Daiva, is 
 « the gift of a daughter, whom her father has 
 ' decked in gay attire, when the facrifice is al- 
 ' ready begun, to the officiating prieft, who per- 
 
 * forms that a6l of religion. 
 
 29. • When the father gives his daughter 
 
 * away, after having received from the bride- 
 
 * groom one pair of kine, or two pairs, for ufes 
 
 * prefcribed by law, that marriage is termed A'rjha. 
 
 30. ' The nuptial rite called Prdjdpatya is 
 ' when the father gives away his daughter with 
 ' due honour, faying diftindly: " May both of 
 " you perform together your civil and religiQUS 
 " duties \" 
 
 31. * When the bridegroom, having given as 
 
 * much wealth as he can afford to the father and 
 ' paternal kinfmen, and to the damfel herfelf, 
 
 * takes her voluntarily as his bride, that marriage 
 ' is named JJut^. 
 
 32. * The reciprocal conneition of a youth 
 ' and a damfel, with mutual defire, is the mar- 
 
 * riage denominated Gandharva, contracted for 
 
 * the purpofe of amorous embraces, and proceed- 
 ' ing from fenfual inclination. 
 
 33. ' The feizure of a maiden by force from 
 
ON THE SECOND ORDER. 159 
 
 * her houfe, while ihe weeps and calls for affifl- 
 ' ance, after her kinfmen and friends have 
 
 * been flain in battle, or wounded, and their 
 
 * houfes broken open, is the marriage ftyled 
 
 * Rdejhafa. 
 
 34. ' When the^ lover fecretly embraces the 
 ^ damfel, either fleeping or flufhed with foong 
 
 * liquor, or difordered in her intelledt, . that fin- 
 
 * fill marriage, called Pialfacha\, is the leighth and 
 
 * the bafeft. . : 
 
 35. * The gift of daughters in marriage by the 
 
 * facerdotal clafs is moft . approved, when they 
 
 * previoufly have poured water into the hands 
 
 * of the bridegroom; but the ceremonies of the 
 'other clafles may be performed according to 
 
 * their feveral fancies. 
 
 "7^6. ' Among thefe nuptial rites, what qua- 
 
 * lity is afcribed by Menu to each, hear now, ye 
 ' Brabmens, hear it all from me, who fully de- 
 
 * clare it ! 
 
 37. _ ' The fon of a Brdhmi^ or wife by the 
 
 * firft ceremony, redeems from fm, if he per- 
 
 * form virtuous adts, ten anceftors, ten defcend- 
 
 * ants, and himfelf the twenty-firft perfon. 
 
 38. * A fon, born of a wife by the Daiva 
 
 * nuptials, redeems feven and feven in higher 
 'and lower degrees; of a wife hj the A' r/ba^ 
 
 * three and three ; of a wife by the Ptdjdpatya, 
 
 * fix and fix. 
 
169 ON MARRIAGE ; OR 
 
 ^g. * By four marriages, the Brahma and fo 
 
 * forth, in dired order, are born fons illumined 
 ■fay the Feda, learned men, beloved by the 
 ' learned, 
 
 40. ' Adorned with beauty, and with the 
 
 * quality of goodnefs, w^ealthy, famed, amply 
 
 * gratified with lawful enjoyments, perform- 
 
 * ing all duties, and living a hundred years': 
 
 41. * But in the other four bafe marriages, 
 
 * which remain, are produced fons acting cruelly^ 
 
 * fpeaking falfely, abhorring the Feduy and the 
 
 * duties prefcribed in it. 
 
 42. ' From the blamelefs nuptial rites of men 
 
 * fprings a blamelefs progeny; from the repre- 
 
 * henfible, a reprehenfible offspring: let mankind, 
 
 * therefore, ftudioufly avoid the culpable forms 
 
 * of marriage. 
 
 43. ' The ceremony of joining hands is ap- 
 
 * pointed for thofe, who marry women of theif 
 
 * own clafs ; but, with women of a different 
 ' clafs, the following nuptial ceremonies are to be 
 
 * obferved : 
 
 44. ' By a CJhatriya, on her marriage with a 
 ' Brahmen, an arrow mull: be held in her hand; 
 
 * by a Vaijya woman, with a bfidegroom oj the 
 *facerdotal or military clafs, a whip ; and by a 
 
 * Sudra hiide^ ma7ryiitg a prieji, afoldier, or a 
 ' merchant, muft be held the fkirt of a mantle. 
 
 45. ' Let the hufband approach his wife in 
 
ON THE SECOND 0RD£R. 161 
 
 * due feafon, that is^ at the time Jit for pregnancy i 
 
 * let him be conftantly fatisfied with her alone ; 
 
 * but, except on the forbidden days of the moon, 
 
 * he may approach her, being affedtionately dif- 
 ' pofed, even out of due feafon^ with a defire of 
 ' conjugal intercourfe. 
 
 46. ' Sixteen days and nights in each month, 
 
 * with four diftin£t days negledted by the vir- 
 
 * tuous, are called the natural feafon of women: 
 
 4.7. ' Of thofe fixteen, the four firft, the. 
 ' eleventh, and the thirteenth, are reprehended : 
 ' the ten remaining nights are approved. 
 
 48. * Some fay, that on the even nights are 
 ' conceived fons; on the odd nights, daughters : 
 ' therefore let the man, who wifties for a fon, 
 ' approach his wife in due feafon on the even 
 
 * nights ; 
 
 49. ' But a boy is in truth produced by the 
 ' greater quantity of the male ftrength ; and a 
 ' girl, by the greater quantity of the female ; by 
 
 * equality, an hermaphrodite, or a boy and a 
 
 * girl ; by weaknefs or deficiency, is occafioned 
 ' a failure of conception. 
 
 50. * He, who avoids conjugal embraces on 
 
 * the fix reprehended nights and on eight others, 
 
 * is equal in chaftity to a Brahmachdr), in which-, 
 ' ever of the two next orders he may live. 
 
 .51;. 'Let no father, who knows the law, re- 
 
 * ceive a gratuity, however fmall, for giving his 
 
 * daughter in marriage ; fince the man, who, 
 
 VOL. Y. M 
 
162 ON MARRIAGE ; OR 
 
 ' tHrougli avarice, takes & gtatmty for that fur- 
 ' p'ofe, IS a feller of his offspring. 
 
 52, ' Whatever male relations, through dt- 
 
 * lufion of mind, take pofTeffidn of a woman's 
 ' property, be it only her carriages or htr 
 ', clothes, fuch oifenders will fmk to a region of 
 
 * torment. 
 
 ^2. ' Some fay, that the bull and cow ghtn 
 ' in the nuptial ceremony of the 'Rtfiis, are a 
 ' bribe to the father; but this is untrue : a bribe 
 ' indeed, whether large or fnjall, is an adtual fale 
 ' of the daughter. 
 
 54. ' When money or goods are given to 
 ' damfels, whofe kinfmen receive them not for 
 
 * their own ufe, it is no fale : it is merely a token 
 ' of courtefy and affection to the brides. 
 
 ^^. ' Married women muft be honoured and 
 ' adorned by their fathers and brethren, by their 
 ' hufbands, and by the brethren of their hufbahds, 
 ' if they feek abundant profperity ; 
 
 56. ' Where females are honoured, thei'e 
 
 * the deities are pleaf^d; but where they are 
 
 * difhonoured, there all religious a£ts become 
 ' fruitlefs. 
 
 r 
 
 57 * Where female relations are made mi-, 
 ' ferable, the family of him, who makes thein, 
 
 * fo, very foon wholly perifhes; but, wberp. 
 
 * they are not unhappy, the family always in- 
 
 * creafes. 
 
 58. 'On whatever houfes the women of a |a- 
 
ON THE SECOND XDRDER. 163 
 
 mlly, not being duly honoured, pronounce an 
 imprecation, thofe houfes, with all that belong 
 to them, utterly perifh, as if deftroyed by a fa- 
 crifice for the death of an enemy. 
 
 59. * Let thofe womeh, therefore, be conti- 
 nually fupplied with ornaments, apparel, and 
 food, at feftivals and at jubilees,, by men de- 
 firous of wealth. 
 
 60. ' In whatever family the hulband is con- 
 tented with his wife, and the wife with her 
 hufband, in that houfe will fortune be afluredly 
 
 , permanent. 
 
 61.' Certainly, if the wife be not elegantly 
 attired, fhe will not exhilarate her hufband, and, 
 if her lord want hilarity, offspring will not be 
 produced. 
 
 62. * A wife being gaily adorned, her whole 
 houfe is embellifhed 5 but, if fhe be deftitute of 
 ornament, all will be deprived of decoration. 
 
 6^. * By culpable marriages, by omiffion of 
 prfefdribed ceremonies, by negleft of reading 
 the Feda, and by irreverence toward a Brdb' 
 men, great families are funk to a low ftate j 
 
 64. ' So they are by pra6tifmg manual arts, by 
 lending at interejl and other pecuniary tranfac- 
 tions, by begetting children on Siidras only, 
 by traffick in kine, horfes, and carriages, by 
 agriculture, and by attendance on ^ king. 
 
 65. * By facrificing for fuch, as have no 
 
 M 2 
 
164 ON MARRIAGE ; OR ' , 
 
 ' right to facrifice, and by denying a future com- 
 ' penfation for good works, great families, being 
 
 * deprived of facred knowledge, are quickly de- 
 ' ftroyed ; « 
 
 66. ' But families, enriched by a. knowledge 
 
 * of the Veda, though pofleffing little temporal 
 ' vvealth, are numbered among the great, and 
 ' acquire exalted fame. 
 
 67. * Let the houfe-keeper perform domeftic 
 
 * religious rites, with the nuptial fire, according 
 ' to law, and the ceremonies of the five great fa- 
 ' craments, and the feveral a6ls, which mull day 
 ' by day be performed. 
 
 68. 'A houfe-keeper has five places , of 
 
 * flaughter, or where fmall living creatures . may 
 ' be Jlain, his kitchen-hearth, his grind-ftone, 
 ' his broom, his pcftle and mortar,* his water- 
 ' pot ; by ufing which, he becomes in bondage 
 ' to fin:. 
 
 69. ' For the fake of expiating offences com- 
 
 * ynitted ignorantly in thofe places mentioned,}'^ 
 ' order, the five great facraments were appointed 
 ' by eminent fages to be performed each day by 
 ' fuch as keep houfe. 
 
 -70. ' Teaching and fludying the fcripture is 
 
 * the facrament of the Veda ; offering cakes, and 
 
 * water, the fa:crament of the Manes ; an oblation 
 ' to fire, the facrament of the Deities; giving 
 
 * rice or other food to living creatures, the fa- 
 
ON THE SECOND ORDER. 165 
 
 ' craraent of fplrits j receiving guefts with ho- 
 
 * nour, the facrament of men : 
 
 71. ' Whoever omits not thofe five great ce- 
 ' remonies, if he have ability to perform them^ is 
 
 * untainted by the fins of the five flaughtering 
 
 * places, even though he conftantly refide at 
 
 * home ; 
 
 72. ' But whoever cherifhes not five orders of 
 
 * beings, namely, the deities ; thofe, who demand 
 
 * hofpitality ; thofe, whom he ought by law to 
 
 * maintain; his departed fore-fathers; and him- 
 ' felf; that man lives not, even though he breathe. 
 
 73." ' Some call the five facraments ahuta and 
 
 * buta, prahuta, brdhmya-huta, and prdfita : 
 
 74. * Abuta, or unoffered, is divine ftudy; 
 
 * buta, or offered, is the oblation to fire; prahuta, 
 
 * or 'well offered, is the food given to fpirits; 
 ■ * brdhmya-huta is refpedt fhewn to twice-born 
 
 * guefts ; and prdfita, or well eaten, is the offer- 
 ' ing of rice or water to the m-anes of an- 
 
 * ceftors. 
 
 yS- ' Let every man In this fecond order emr. 
 
 * ploy himfelf daily in reading the fcripture, and 
 
 * in performing the facrament of the Gods ; 
 
 * for, being employed in the facrament of deities, 
 
 * he fupports this whole animal and vegetable 
 
 * woi^d ; 
 
 yd.^'' Since his oblation of clarified butter, duly 
 
166 ON MARRIAGE ; OR 
 
 ' cafl: into rfie flaiilej afcends in fmoke to the funj 
 
 * from the fun it falls in rain; from rain comes 
 
 * vegetable food; and from fuch food animals 
 ' derive their fubfiftence. 
 
 77. ' As all creatures fubfift by receiving fup- 
 "^ port from air, thus all orders of men exift by 
 .' receiving fupport from houfe- keepers; 
 
 78. * And, fmce men of the three other or- 
 ' ders are each day nourished by them with 
 
 * divine learning and with food, a houfe -keeper 
 
 * is for this reafon of the moft eminent order: 
 
 79. ' That order, therefore, mud be conftantly 
 
 * fuftained with great care by the man, who 
 .' feeks unperifhable blifs in heaven, and in this 
 i world pleafurable fenfations ; an order, which 
 ' cannot be fuftained by mpn with uncontrolled 
 
 * organs. 
 
 80. ' The divine fages, the manes, the gods, 
 ' the fpirits, and guefts, pray for benefits to maf- 
 ' ters of families; let thefe honours, therefore, 
 ^ be done to them by the houfe -keeper, who 
 ' kn-owfi his duty: 
 
 8 r . ' Let him honour the fages by ftudying the 
 ' Feda ; the gods, by oblations to fire ordained 
 ' by law; the manes, by pious obfequies; menj 
 .' by fupplying them with food ; and fpirits, by 
 .' gifts to all aniniated creatures. 
 
 82. 'Each day let him perform ayra^^/)d! with 
 
ON THE SECOND ORDER. J67 
 
 * boiled rice and the like, or with water, or with 
 *milk, roots, and fruit; for thus he obtains fa^ 
 
 * vour from departed progenitors, 
 
 83. * He may entertain one Brahmen in that 
 ' faeraraent amang the five, which is performed 
 
 * for the Pitns ; but, at the oblation to all the 
 
 * Gods, let him not invite even a fingle prieft. 
 
 84. ' In his 4pmeftic fife for drefljng the food 
 ' of all the Gods, after the prefcribed cerenvpny, 
 
 * let a Brahmen make an oblation each day^to 
 
 * tbefe/o/!/opi«^ divinities; 
 
 85. ' Firft to Agni, god of fire, and to the 
 
 * Lunar God, feveraily ; then, to both of them 
 
 * at once ; next, to the affembled Gods ; ^nd 
 
 * afterwards, to Dhanwantari, God of Me- 
 
 * dicine ; 
 
 86. ' To CuHu', goddefs of the day, when the 
 
 * new moon is difcernible; to Anumati, god- 
 
 * defs of the day after the oppofition ; to Pr a- 
 ' ja'pati, or the Lord of Creatures; to 
 
 * DyaVa' and Prithivi', goddeffes of Iky and 
 ' earth ; and laftly, to the fire of the good fa- 
 
 * crifice. 
 
 87. ' Having thus, with fixed attention, of- 
 ' fered clarified butter in all quarters^ proceeding 
 *from the eajl in a fouthern direftion, to Indra, 
 ' Yam A, Varuna, and the godSo'MA, let him 
 
 * offer his gift to animated creatures : 
 
 88. * Sajiing, " I falute the Maruts" or fFinds, 
 
168 ON MARRIAGE ; OR 
 
 -* let him throw dreffed rice near the door ; fay- 
 
 * ing, " I falute the water gods/^ in water; and 
 ' on his peftle and mortax, faying, " I falute the 
 " gods of large trees." 
 
 89. ' Let him do the like in the north eqfti or 
 
 * near his pillow, to Sr 1', the goddefs of abund- 
 'f ance ; in the foutb weji, or at the foot of his 
 
 * bed, ,to the propitious goddefs Bhadraca'li'; 
 •' in the centre of his manfion, to Brahma' ancj 
 
 * hig houfehold God j 
 
 90. ' T,o all the Gods affembled, let him throw 
 ' up his oblation in open air ; by day, to the 
 
 * fpirits, who walk in lightj and by night to 
 ' thofe, who walk in darknefs : 
 
 91. 'In the building on his houfetop, or behind, 
 f his back, let him caft his oblation for the wel- 
 
 * fare of all creatures ; and what remains let 
 ' him give to the Fitris with his face toward 
 f the fouth: 
 
 92. ' The fhare of dogs, of outcafts, of dog- 
 ' feeders, of fmful men punifhed with elephan- 
 ' tiafis or confumption, of crows, and of rep- 
 ' tiles, let him drop on the ground by little and 
 ' little. 
 
 93. ' A Brahmen, who thus each day fhall 
 f honour all beings, will go to the higheft region 
 ' in a ftraight path, with an irradiated form. 
 
 94. ' When he has performed this duty of 
 f making oblations, let him caufe his gueft to 
 
ON THE SECOND ORDER. . 169 
 
 * take food before hlmfelf ; aild let him give a 
 ' portion of rice, as the lav/ ordains, to the men- 
 
 * dicant, who ftudies the Veda. 
 
 95. ' Whatever fruit fhall be obtained by that 
 
 * ftudent, as the reward of his virtue, when he 
 
 * fhall have given a cow to his preceptor, accord- 
 
 * ing to law, the like reward of virtue fhall be 
 
 * obtained by the twice born houfe-keeper, when 
 ' he has given a mouthful of rice to the religious 
 ' mendicant. 
 
 96. ' To a Brahmen^ who knows the, true 
 ' principle of the Veda, let him prefent a portion 
 
 * of rice, or a pot of water garnifhed with fruit 
 
 * and flowers, due ceremonies having preceded: 
 
 97. ' Shares of oblations to the gods, or to 
 
 * the xnanes, utterly perifli, when prefented, 
 
 * through delufjon of mind, by men regardlefs 
 
 * of duty, to fuch ignorant Brahmens^ as are mere 
 ' afhes; 
 
 98. ' But an offering in the fire of a facerdital 
 
 * mouth, which richly blazes with true know- 
 
 * ledge and piety, will releafe the* giver from 
 
 * diftrefs, and even from deadly fin. 
 
 99. ' To the gueft, who comes of' his own 
 ' accord, let him offer a feat and water, with 
 
 * fuch food as he is able to prepare, after the 
 ' due rites of courtefy. 
 
 100. A Brahmen^ coming as a gueft, and not 
 ' received with juft honour, takes to himfelf 
 
170 ON MARRIAGE ; OR 
 
 ' all the reward of the houfe-keeper's former 
 
 * virtue, even though he had been fo temperate 
 
 * as to live on the gleanings of harvefts, and 
 
 * fo pious as to make oblations in five diftindl 
 
 * firjes. 
 
 101 . ' Grafs and earth to fit on, water to waft 
 
 * the feet, and, fourthly, affeftionate fpeech are 
 
 * at no time deficient in the manfions of the 
 ' good, although they may be indigent. 
 
 1 02. ' A Brahmen, ftaying but one night as a 
 ' gueft, is called an atit'bi ; fince, continuing fo 
 
 * fhort a time, he is jiot even a fojourner for a 
 ' whole tit' hi, or day of the moon. 
 
 103. ' The houfe-keeper muft not confider as 
 
 * an atit'bi a mere vifitor of the fame town, or 
 
 * a Brahmen, who attends him on bufinefs, even 
 
 * though he come to the houfe, where his wife 
 
 * dwells, and where his firefe are kindled. 
 
 104. ' Should any houfe-keepers be fo fenfe- 
 
 * lefs, as to feek, on pretence of being guefts, 
 
 * the food of others, they would fall after death, 
 
 * by reafon of that bafenefs, to the condition of 
 *■ cattle belonging to the giver of fuch food. 
 
 \ 05. ' No gueft muft be difmifled in the evefi- 
 ^ ing by a,houfe-keeper : he is fent by the retir- 
 
 * ing fun ; and, whether he come in fit feafon or 
 ' unfeafonably, he muft not fojourn in the houfe 
 ^ without entertainment. 
 
 106. * Let not hirafelf eat any delicate food, 
 
ON THE SECOND ORDER. l7! 
 
 * without aflcing his gueft to partake of it : the 
 ' fatisfa£tion of a gueft will affuredly bring the 
 ' houfe-keeper wealth, reputation, long life, and 
 
 * a place in heaven. 
 
 107. * To the higheft guefts in the beft form, 
 
 * to the loweft in the worft, to the equal, equally, 
 ' let him offer feats, refting p]|^ces, couches ; 
 *'giving them proportioaable attendance, when 
 
 * they depart j and honour, as long as they 
 
 * ftay. 
 
 108. * Should another gueft arrive, when the 
 
 * oblation to all the Gods is concluded, for him 
 
 * alfo let the houfe-keeper prepare Tood, accord- 
 
 * ing to his ability ; but let him not repeat his 
 
 * offerings to animated beings. 
 
 109. ' Let no Brahmen gueft proclaim his 
 
 * family and anceflry for the fake of an enter- 
 
 * tainment J fmcehe, who thus proclaims them, 
 
 * is called by the wile a vdntdji, or foulfeeding 
 
 * demon. 
 
 no. 'A military man is not denominated a 
 ' gueft in the houfe of a Brahmen ; nor a man, 
 ' of the commercial or fervile clafs ; nor his fa- 
 
 * miliar friend ; nor his paternal kinfman ; nor 
 
 * his preceptor : 
 
 III. ' But, if a warriour come to his houfe iix 
 
 * the form of a gueft, let food be prepared foS^ 
 
 * him, according to his defire, after the before 
 
 * mentioned Brd^mens have eaten. 
 
172 ON MARRIAGE ; OR 
 
 112.' Even to a merchant or a, labourer, ap- 
 « preaching his houfe in the manner of guefts, 
 
 * let him. give food, fhowing marks of benevo- 
 
 * lence, at the fame time with his domefticks : 
 
 113. ' To others, as familiar friends, and the 
 
 * reft before named, who come with affedion 
 
 * to his place of abode, let him ferve a repafl: 
 ' at the fame time with his wife and himfelj^ 
 
 * having amply provided it according to his heft 
 ' means. 
 
 114.' To a bride, and to a damfel, to the 
 ' fick, and to pregnant women, let him give 
 ' food, even before his guefts, without hefi- 
 
 * tation. 
 
 115. ' The idiot, who firft eats his own mefs, 
 ' without having prefented food to the perfons 
 
 * juft enumerated, knows not, while he crams, 
 
 * that he will himfelf be food after death for ban- 
 
 * dogs and vultures. 
 
 116.' After the repaft of the Brahmen guefl, 
 
 * of his kinfmen, and his domefticks, the mar- 
 
 * ried couple may eat what remains un- 
 
 * touched. 
 
 117. ' The houfe-keeper, having honoured 
 ' fpirits, holy fages, men, progenitors, and houfe- 
 
 * hold gods, may feed on what remains after 
 
 * thofe oblations. 
 
 118. ' He, who eats what has been drefled 
 f" for himfelf only, eats nothing but fm : a repafl; 
 
ON THE ^SECOND ORDER. 173 
 
 * on what remains, after the facraments, Is. called' 
 
 * the banquet of the good. 
 
 119. ' After a year from the reception of a 
 
 * vifitor, let the houfe -keeper again honour. a 
 ' king, a facrificer, a ftudent returned from his 
 
 * preceptor, a fon in law, a father in law, and a. 
 *.aiiaternat uncle, with z. madhuperca, or prefent 
 ' of honey, curds, and fruit. 
 
 120. * A king or a Brahmen, arriving at the 
 
 * celebration of the facrament, are to be honour- 
 ' ed with a madhuperca ; but not, if the lacra-. 
 ' ment be over: this is a fettled rule. 
 
 121. * In the evening, let the wife make an 
 ' offering of the drefled food, but without pro- 
 ' nouncing any text of the Veda: one oblation 
 
 * to the affembled gods, thence named Vaifwa- 
 ^ deva, 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 
 
 * finiflied the daily facrament of the Fitris, and 
 
 * his fire being blazing, perform the folemn. 
 '■ Jraddha, cdWed. pindanwdhdry a : 
 
 123. ' Sages have diftinguifhed the monthly, 
 ^ frdddha by the title of anwdhdrya^ or after. 
 ' f.aten, that is, eaten after the pinda, or b?ill of 
 
 * rice; and it mull be performed with extremes 
 ' care, and with flefli meat in the bell condition. 
 
 j?^, ' What Brahmens muft be entertained ^X 
 
174 ON MARRIAGE; OR 
 
 * that ceremony, and who muft be accepted, how 
 
 * many are to be fed, and with what fort of food, 
 
 * on all thofe articles without omiffion, I will 
 ' fully difcourfe. 
 
 125. * At the frdddha of the gods he may 
 
 * entertain two Brahmens ; at that of his father, 
 
 * paternal grandfather, and paternal great grand- 
 ' father, three ; or one only at that of the gods, 
 
 * and one at that of his three paternal anceftors: 
 
 * though he abound in w;ealth, let him not be 
 
 * folicitous to entertain a large company. 
 
 126. ' A large company deftroys thefe five ad- 
 
 * vantages ; reverence to priefts, propriety of 
 
 * time and place, purity, and the acquifition of 
 ■ * virtuous Brahmens : let him not, therefore,, 
 
 * endeavour to feed a fuperfluous number. 
 
 127. ' This a,& of due honour to departe"d 
 
 * fouls, on the dark day of the moon, is famed by 
 ' the appellation of piirya, or anceftral : the legal 
 
 * ceremony, in honour of departed fpirits, re- 
 
 * wards with continual fruit a man engaged in 
 ^ fuch obfequies. 
 
 128. ' Oblations to the gods and to anceftors^ 
 
 * fliould be given to a moft reverend Brahmen, 
 •perfedly eonverfant with the Feda; fince 
 
 * what is given to him produces the greateH;. 
 
 * reward. 
 
 129. ' By entertaining one learned man at the 
 ' oblation to the gods and at that to anceftors, he 
 
ON THE SECOND ORDER. 175 
 
 * galtis, more exalted fruit, than by feeding a mul- 
 
 * tltudfe, who know not the holy texts. 
 
 13 b. ' Let him inquire into the anceftry, even 
 ' in a remote degree, of a Brahmen^ who has ad- 
 ' vanced to the end of the Veda : fuch a man, 
 
 * if fprung from good men, is a fit partaker of 
 
 * oblations to gods and to anceftors; fuch a tnan 
 ' mayjuiftly be called an atit'hi, or gueft. 
 
 131. ' Surely, though a million of men, un- 
 
 * learned in holy texts, were to receive food, yet 
 ' a fingle man, learned in fcripture, and fully 
 ' fatisfied with his entertainment, would be of 
 
 * more value than all of them together. 
 
 132. ' Food, confecrated to the gods and the 
 ' manes, mull be prefented to a theologian of 
 
 * eminent learning ; for certainly, when handa 
 
 * aire fmeared with blood, they cannot be cleaned 
 ' with blood only, nor can Jin be removed by the 
 ' company of ^nnefs. 
 
 133. * As many mouthfuls as an- unlearned 
 
 * man fhall fwallbw at an oblation to the gods 
 
 * and to anceftots, fo many redhot iron balls 
 
 * n^'ft the giver of the Jrdddba fwallow in the 
 « next world. 
 
 1 34. * Some Brdhmens are intent on fcriptu- 
 ' ral knowledge; others, on fuftere devotion; 
 
 * fome are intent both on religious aufterity and 
 « on the ftudy of the Feda\ others, on the per-^ 
 
 * fottnance of facred rites: 
 
 ijj. ' Oblations to the nfltanes of anceftors 
 
176 ON MARRIAGE; OR 
 
 ' ought to be placed with care before fuch as are, 
 
 * intent on facred learning : but ofFeyings to the i 
 ' gods may be prefented, with due ceremonies, 
 ' to Brdhmens of all the four defcripti'ons. 
 
 136. ' There may be a Brahmen, whofe fa-, 
 
 * ther had not ftudied the fcripture, though the 
 ' fon has advanced to the end of the Veda; or, 
 ' there may be one, whofe fon has not read the 
 ' Veda, though the father had travelled to the 
 ' end of it : 
 
 137. ' Ofthofe. two let mankind confiderhim 
 ' as the fuperiour, whofe father had ftudied the, 
 ' fcripture; yet, for the fake of performing rites 
 
 * with holy texts, the other is worthy of ho'nour. 
 
 138. ' Let no man, at the prefcribed obfequies, 
 'give food to an intimate friend; fince ad-. 
 ' vantage to a friend muft be procured by gifts 
 ' of different property : to that Brahmen let the 
 
 * performer of a frdddha give food, whom he 
 ' confiders .neither as a friend nor as a foe. 
 
 139. ' For him, whofe obfequies and ofFer- 
 
 * ings of clarified butter are provided chiefly 
 
 * through friendfhip, no fruit is referved in the 
 
 * next life, on account either, of his obfequies or 
 
 * of his offerings, 
 
 140. ' The man, who, throtigh delufion o( 
 
 * intelled:, forms temporal connexions by obfe- 
 
 * quies, is i^xcluded from heavenly manfions, as 
 
 * a giver of the frdddha for the fake of friencj-i 
 
 * Ihip, and the iixe^aeft of twice- bo,rn naei^; 
 
ON THE SECOND ORDER. 177 
 
 141. * Such a convivial prefent, by men of the 
 
 * three higheft clafles, is called the gift oiPifdchas^ 
 
 * and remains fixed here below, like a blind cow 
 ' in one ftall. 
 
 142. ' As ahufbandman, having fown feed in 
 
 * a barren foil, reaps no grain, thus a performer 
 
 * of holy rites, having given clarified butter to 
 
 * an unlearned Brdhmetij attains no reward in 
 
 * heaven; ' \ , 
 
 143. ' But a prefent made, as the law ordains, 
 
 * to a learned theologian, renders both the givef 
 
 * and the receiver partakers of good fruits in this 
 
 * world and in the next. 
 
 144. ' If no learned Brahmen he at hand, 
 
 * he may at his pleafure invite a friend to the 
 *■ frdddha, but not a foe, be he ever fo' learned j 
 ' fince the oblatiorl, being eaten by a foe, Ibfes 
 ' all fruit in the life to come. 
 
 145. ^ With great care let him give food at 
 ' the frdddha to a prieft, who has gone through 
 'the fcripture, but has chiefly ftudied the /J^-' 
 
 * veda ; to one, who has read all the branches, 
 ' but principally thofe of the Tajufh ; or to one, 
 ' who has finifhed the whole, with particular at- 
 ' tentionto the Sdman: 
 
 146. ' Of that man, whofe oblation has been 
 
 * eaten, after due honours, by any one of thofef 
 
 * thxee BrdbfnenSy the anceftors are co|iftatntly 
 
 VOL. V. «F ' 
 
ns ON MARRIAGE; OR 
 
 ^ fatisfied as high as the feventh perfon, or to the 
 
 * fiy^th degree. 
 
 147. ' This is the chief rule in offering the 
 ' frdddha to the gods and to anccftors; but the 
 ' following may be confidered as. a fubfidiary 
 ' rule, where nofuch learned priejis can befoundy 
 ' and is everobferved by good men ; 
 
 148. ' Let him entertain his maternal grand- 
 
 * father, his maternal uncle, the fon of his filler, 
 
 * the father of his wife, his fpiritual guide, the 
 
 * fon of his daughter, or her hufband, his ma- 
 
 * ternal coufm, his ofEciating prieft, or the per- 
 ' former of his facrifice. 
 
 149. "^i For an oblation to the gods, let not the 
 
 * man, who knows what is law, fcrupuloufly in- 
 ' quire into the parentage of a brahmen ; but for 
 
 * a prepared oblation to anceftors, let him ej^ar 
 
 * mine it wdth ftrid: care. 
 
 150. ' Thofe Brdhmens, who have committed 
 
 * a,ny inferiour theft or any of the higher crimes,' 
 
 * who are deprived of virility, or who profefs a 
 ' difbelief in a future ftate,MENU has pronounced 
 ' unworthy of honour at a-Jraddha to the gods 
 
 * or to anceflor^. ' 
 
 151. ' To a ftudent in theology, who has not 
 
 * read the Fe'da^ to a mun punijhed for paji crimes 
 ' by being born without a prepuce^ to a gamefter, 
 
 * and to fuch, as perform many facrifices for oth^r 
 
ON THE SECOND ORDER. 17? 
 
 ^ men, let him never give food at the facred ob' 
 
 * fequies. 
 
 152. ^ Phyficians, imagev^orfhippeirs for gain^ 
 
 * fellers of meat, and fuch as live by low traffick^ 
 
 * muft be fhunned in oblations both to the deities 
 
 * and to progenitors* 
 
 153. ' A public fervarit of the whole town, or 
 
 * of the prince, a man wit'h whitlows on his 
 
 * nails, or with black yellow tegth, an oppofer of 
 
 * his preceptor, a deferter of the facred fire, and 
 
 * an ufurerj 
 
 154. * A phthificd man, a feeder of eattle, 
 f one omitting the five great facraments, a eon-. 
 
 * temner oi Brdhmens^ a younger brother married 
 
 * before the eldeif, an elder brother not married be^' 
 ' fore the younger, and a mati, who fubfifts by th? 
 
 * wealth of many relations, 
 
 155. * A dancer, one who has Violated the 
 ' rule of chaftity in the firft or fourth order, the 
 
 * hufband of a *S'w^r^,4:hefon of a twice-married 
 
 * woman, a man who has lol^ one eye, and ^ 
 
 * hufband in whofe houfe an adulterer dwells, 
 
 156. ' One who teaches the Veda for wages, 
 
 * and one who gives wages to fuch a teacher, 
 ' the pupil of a Sudrut and the Sudra preceptor, 
 
 * a rude fpeaker, and the fon of an adyilterefs, 
 
 * born either before cr after the death of the 
 
 * hufband, 
 
 157. ' A forfaker, without jufl caufe, of 
 
 N 3 
 
180 ON MARRIAGE; OR 
 
 * his mother, father, or preceptor, and a man 
 ' who forms a connexion, either by fcriptural 
 ' or connubial affinity, with great fmhers, 
 
 158. 'A houfeburner, a giver of poifon, an 
 
 * eater of food offered by the fon of an adul- 
 ' terefs, a feller of the moonplant, a /pedes of 
 
 '' mountain rue^ a navigator of the ocean, a poetl- 
 
 * cal encomlaft, an oilman, and a fuborner of 
 
 * perjury, 
 
 159. ' A wrangler with his father, an em- 
 
 * ployer of gameflers for his own benefit, a 
 
 * drinker of intoxicating fplrits, a man punlfhed 
 
 * for fm with elephantiafis, one of evil repute, a 
 
 * cheat, and a feller of liquids, 
 
 1 60. ' A maker of bows and arrows, the huf- 
 ' band of a younger fifter married before the 
 
 * elder of the whole blood, an injurer of his friend, 
 
 * the keeper of a gamlnghoufe, and a father in- 
 ' ftrufted In the Veda by his own fon, 
 
 161. ' An eplLeptlck perfon, one who has the 
 
 * eryfipelas or the leprofy, a common infoirmer, 
 
 * alunatlck, a blind man, and a defplfer of fcrlp- 
 
 * ture, mufl all be fhimned. 
 
 162. * A tamer of elephants, bulls, horfe?, 
 
 * or camels, a man who fubfifls by aflrology, 
 ' a keeper of birds, and one who teacjiesthe ufe 
 
 * of arms, 
 
 163. * He, who diverts watercourfts, and he, 
 « who is gratified by obftruaing them, he, who 
 
ON THE SECOND ORDER. 181 
 
 * builds houfes for gain, a meffenger, and a planter 
 
 * of trees for pay, 
 
 164. ' Abreeder of fporting dogs, a falconer,a 
 *' feducer of damfels, a man delighting in mifchief, 
 
 * a Brahmen living as a Sudra, a facrificer to the 
 
 * inferiour gods only, 
 
 165. ' He, who obferves not approved cuf- 
 
 * toms, and he, who regards not prefcribed du- 
 
 * tics, a conftant importunate afker of favours, 
 
 * he, who fupports himfelf by tillage, a club- 
 
 * footed man, and one defpifed by the virtuous, 
 
 166. * A fhepherd, a keeper of bufFalos, 
 ' the hulband of a twice-married woman, and 
 
 * the remover of dead bodies for pay, are to be 
 
 * avoided with great care. 
 
 167. 'Thofe \oweAof Brd&mens, whofe man- 
 
 * ners are contemptible, who are not admiffible 
 ' into company at a repaft, an exalted and learned 
 
 * prieft muft avoid at both frdddhas. 
 
 168. * A Brahmen, unlearned in holy writ, is 
 
 * extinguifhed in an inftantj like a fire of dry' 
 
 * grafs: to him the oblation muft not be given; for 
 
 * the clarified butter muft not be poured on afhes. 
 
 169. * What retribution is prepared in the 
 
 * next life for the giver of food to men iftad- 
 
 * miflible into company, at the frdddha to the 
 ' gods and toanceftors, I will now declare with- 
 ' out omiflion. ^ 
 
 170. ' On' that food, which has been given 
 
18* (t)N MARRIAGE } OR 
 
 * to Brdhmens, who have. violated the rules of 
 
 * their order, to the younger brother married 
 
 * before the elder, and to the reft, who are not 
 
 * admiflible into company, the Jiacjhafes eagerly 
 *feaft. 
 
 171. * He, who makes a marriage contrad 
 
 * with the connubial fire, while his elder brother 
 
 * continues unmarried, is called p. perive'ttj'z; and 
 
 * the elder brother, a perivitti: 
 
 172. * Th.t perivettri, the perivitti^ the damfel 
 
 * thus wedded, the giver of her in wedlock, and, 
 
 * fifthly, the performer of the nuptial facrifice, all 
 
 * fink to a region of torment. 
 
 173. 'He, who lafcivioufly dallies with the 
 
 * widow of his deceafed brother, though fhe be 
 
 * legally married to him, is denorninated the huf^ 
 
 * band of a didhijhii. 
 
 174. ' Two fons, named a cunda and aigdlacat 
 
 * are born in adultery; the cunduy while the huf- 
 
 * band is alive, and the golaca, when the hufband 
 
 * is dead J 
 
 175. ' Thofe animals begotten by adulterers, 
 
 * deftroy, both in this world and in the next, 
 f the food prefented to theni by fuch, as make 
 
 * oblations to the gods or to the manes. 
 
 176. 'The fooliih giy^r o§ a. Jrdddha lofes, 
 ^ in a future life, the fruit of jas many admiflible 
 ^ guefts, as ^ thief or the like perfon, inadmiflTible 
 
 * Intq company, might be able to feg. 
 
ON THE SECOND ORDER. 1S3 
 
 177. * A blind man, placed where one with 
 
 * eyes might have feen, deftroys the reward of 
 
 * ninety; he, who has loft one eye, of fixty; a 
 
 * leper, of a hundred; one puniftied with ele- 
 
 * phantiafis, of a thoufand. 
 
 178. ' Of the gift at dijrdddha to, as many 
 
 * Brdhmens, as a facrilicer for a Siidra might be 
 
 * able to touch on the body, the fruit is loft ta 
 
 * the giver, if be invite fuch a wretch; 
 
 179. ' And if a Brahmen, who knows the 
 
 * Veda, receive through covetoufnefs a prefent 
 
 * from fUch a facrificer, he fpeedily fmks to per- 
 ' ditlon, like a figure of unburnt clay In water. 
 
 180. * Food, given to a feller of the moon- 
 
 * plant, becomes ordure in another world ; to a 
 
 * phyfician, purulent blood j and the giver will 
 
 * be a reptile bred in them : if offered to au 
 
 * imageworfhipper, it is thrown away; if to an 
 
 * ufurer, infamous. 
 
 181. * That, which is given to a trader, en- 
 
 * dures neither in this life nor in the next, and 
 
 * that beftowed on a.. Brahmen, who has married 
 
 * a widow, refembles clarified butter poured on 
 
 * afties as an oblation to fire, 
 
 182. ' That food, which is given to other bafe 
 
 * inadniifrible men before mentioned, the wife 
 
 * have pronounced to be no more than animal oil, 
 
 * blood, flefh, Ikln, and bones. 
 
 183. * Now learn comprehenfively, by vvhat 
 
18* ON MARRIAGE; OR 
 
 « Brdhmens a company may be purified, when it 
 
 * has been defiled by inadmiflible perfons; hrdh- 
 
 * mens, the chief of their clafs, the purifiers of 
 ■* every affembly. 
 
 1 84. ' Thofe priefts muft be confidered as the 
 -' purifiers of a company, who are moll learned 
 
 * in all the Vedas and all their Angas^ together 
 ' with their defcendants, who have read the 
 ^ whole fcripture : 
 
 185. 'A prieft learned in the principal part of 
 ^ * the Tajurveda ; one, who keeps the five fires 
 
 '' conftantly burning; one {killed in a principal 
 
 * part of the Rigveda; one, who explains the fix 
 ■' Feddngas; the fon of a Brdhmi, or woman 
 ^ married by the Brdbma ceremony ; and one, 
 
 * who chants the principal Saman; 
 
 186. ' One, who propounds the fenfe of the 
 ' Vedas^ which he learnt from his preceptor, a 
 
 * ftudent, who has given a thoufand cows for 
 ' pious ufes, and a Brahmen a hundred years old, 
 
 * muft ail be confidered as the purifiers of a party 
 
 * at 3.frdddba. 
 
 187. ■ On the day before the facred obfequies, 
 ' or on the very day when they are prepared, 
 
 * let the performer of them, invite, with due ho- 
 ^ nour, fuch Brdhmens as have been menaoned; 
 f ufaaLly one fuperioui", who has three inferiour 
 f to him. 
 
 f 88. * The B;rdhmeny who has bipen invited to 
 
ON THE SECOND ORDER. 185 
 
 * 2ijrdddha for departed anceftors, muft be con- 
 
 * tinually abftemious; he muft not even read the 
 
 * Fedas ; and he, who perforins the ceremony, 
 
 * muft a£t in the fame manner. 
 
 189. ' Departed anceftors, no doubt, are at- 
 
 * tendant on fuch invited Brahmen ; hovering 
 
 * around them like pure fpirits, and fitting by 
 
 * them when they are feated. 
 
 190. ' The prieft, who having been duly in- 
 
 * vited to a Jrdddha, breaks the appointment, 
 
 * commits a grievous offence, and, in his next 
 
 * birth, becomes a hog. 
 
 191. ' He who carefles a Sudra woman, after 
 « he has been invited to facred obfequies, takes 
 
 * on himfelf all the fm, that has been committed 
 ' by the giver of the repaft. 
 
 192. ' The Pitris, ov great progenitors^ are free 
 
 * from wrath, intent on purity, e er exempt 
 
 * from fenfual paflions, endued with exalted qua- 
 
 * lities : they are primeval divinities, who have 
 
 * laid arms afide 
 
 193. • Hear now completely, from whom 
 
 * they fprung ; who they are ; by whom, and by 
 
 * what ceremonies, they are to be honoured. 
 
 194. ' The fons of Mari cHj and of all the 
 
 * other Rtjhis, who were the offspring of Menu, 
 
 * fon of Brahma', are called the companies of 
 ' Pitris t ox Jorejathers. 
 
186 ON MARRIAGE; OR 
 
 1^5. ' The Somafads, who fprang from Vi- 
 
 * ra'j, are declared to be the anceftors of the 
 
 * Sddhyas ; and the Agnijhwdttas^ who are 
 
 * famed among created beings as the children of 
 
 * MARi'cHijto be the progenitors, of the D/fd:^. 
 
 196., 'Of the Daityas, the Ddnavas, the 
 
 * Tacjhas, the Gandharvas, the Uragas, or Ser- 
 
 * pents, the Racjhafes, the Garudas, and the 
 ' Ciimaras, the anceftors of Barhijbads defcended 
 *fi:omATRl; 
 
 197. *■ Oi Brdhmens, thofe rnmed. Somapas; 
 
 * of Cjhatriyas^ the Havijhmats ; of J^aijyas, 
 
 * thofe called Jjyapas ; of Sudras, the Siccalins : 
 
 198. ' The S&mapas defcended from Me, 
 'Bhrigu; the Havijhmats, from Angiras; 
 
 * the AjyapaSy from Pulastya; the SucdlinSy 
 
 * from VaSisht'ha. 
 
 199. * Thofe who are, and thofe who arc 
 
 * not, confumable by fire, called Agnidagdhai^ 
 
 * and AnagnidagdhaSy the Cdvyas, the Barbijhadt, 
 
 * the ^gnijhwdttas, and the Saumyas, let man- 
 
 * kind confider as the chief progenitors of 
 
 * Brahmens. 
 
 •zoo. ' Of thofe juft enumerated, who arc 
 
 * generally reputed the principal tribes of Pitns, 
 
 * the fons and grandfons indefinitely, aire alfo in 
 
 * this world confidered as great progenitors. 
 
 201. * From the Rtjhis come the FitrzSf er 
 
0]^ THE SECOND ORDER. 18f 
 
 * patriarchs ; from the Pitrls, both Devas and 
 
 * Ddnavas ; 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 veffels of filver, or 
 
 * adorned with fdver, proves the fource of in- 
 
 * corruption. 
 
 . 20J. ' An oblatioh by Brdhmens to their an- 
 
 * ceftors tranfcends an oblation to the deities; 
 
 * becaufe that to the deities is confidered as the 
 f opening and completion of that to anceftors. 
 
 204. * As a prffervative of the oblation to the 
 
 * patriarchs, Jet the houfe-keeper begin with an 
 
 * offering to the gods ; for the Rdcjhafes rend 
 
 * in pieces an oblation which has no fuch pre- 
 
 * fervative. 
 
 205. ' Let an offering to the gods bemade at 
 
 * the beginning and end of the frdddba : it muft 
 
 * not begin and end with an offering to ancet- 
 
 * tors ; for he, who begins and ends it with aa 
 
 * oblatio'n to the P/im, quickly perifhes with his 
 
 * progeny. 
 
 206. * Let the Brahmen fmear with cow- 
 
 * dung a purified and fequeftered piece of 
 f ground ; and let him with great care feled a 
 
 * place with a declivity toward the fouth : 
 
 207. ' The divine manes are always pleafed 
 
 * with an oblation in empty glades, naturally 
 
1S8 ON MARRIAGE ; OR 
 
 * clean, on the banks of rivers, and in foILtary 
 
 * fpots. 
 
 208. ' Having duly made an ablution with 
 ' water, let him place the invited Brdhrnens, who 
 
 * have alfo performed their ablutions, one by 
 
 * one, on allotted feats purified with cusa-gr2i{g. 
 ' 209. ' When he has placed them with re- 
 
 * vereiace on their feats, let him honour them 
 ' (having firft honoured the gods) with fragrant 
 
 * garlands and fweet odours. 
 
 210. ' Having brought water for them with 
 
 * cus'a-gvafs and tila, let the Brahmen, with the 
 
 * Brahmens, pour theoblation, as the law directs, 
 
 * on the holy fire. 
 
 211. ' Firft, as it is ordained, having fatisfied 
 ' Agni, So'ma, Yama, with clarified butter, 
 
 * let him proceed to fatisfy the manes of his piro- 
 
 * genitors. 
 
 212. * If he have no confecrated fire, as if he 
 
 * be yet unmarried, or his wife bejufl d^eafed, 
 
 * let hirn drop the oblation into the hand of a 
 
 * Brahmen -, fince, what fire is, even fuch is a 
 
 * Brahmen', as priefts, who know the J^eda, de- 
 
 * dare : 
 
 213. ' Holy fages call the chief of the twice- 
 
 * born the gods of obfequles, free from wrath, 
 ' with placid afpefls, of a primeval race, em- 
 
 * ployed in the advancement of hiiman creatures. 
 
ON THE SECOND ORDER. 189^ 
 
 214;. ' Having walked in order from eaft to 
 
 * fouth, and thrown into the fire all the ingre- 
 ' dients of his oblation, let him ^rinkle water 
 
 * on the ground with his right hand. 
 
 ■215. ' From the remainder of the clarified 
 
 * butter having formed three balls of rice, let him 
 'offer them, with fixed attention, in the fame 
 ' manner as the water, his face being turned to 
 
 * the fouth: 
 
 216. ' Then, having offered thofe balls, after 
 ' due ceremonies and with an attentive mind, to 
 
 * -^be manes of his father, his paternal grandfather, 
 
 * and great grandfather, let him wipe the fame 
 
 * hand with the roots of cus'a, which he had be- 
 
 * fore ufed, for the fake of his paternal ancejiors in. 
 
 * the fourth, fifth, andfixth degrees, who are the 
 
 * partakers of the rice and clarified butter thus 
 *• wiped ojSl 
 
 217. ' Having made an ablution, returning 
 
 * toward the north, and thrice fupprelfiug his 
 *■ breath flowly, let him falute the gods of the 
 *- fix feafons, and the Pitrls alfo, being well ac- 
 
 * quainted with proper texts of the Feda. 
 
 218. ' Whatever water remains in his ewer, 
 
 * let him carry back deliberately near the cakes 
 
 * of rice; and, with fixed attention, Jet him 
 
 * fmell thofe cakes, in order as they were offered: 
 
 219. * Then, taking a fmall portion of the 
 
 * cakes in-order, let him firfl, as the law direds. 
 
jgo ON MARRiAOE ; Ot 
 
 * caufe the Brdhmens to eat of them, while tb?y 
 
 * are feated. 
 
 220. 'If his father be alive, let him offer 
 
 * the frdddha to his anceftors in three higher 
 ' degrees ; or let him caufe his own father to 
 
 * eat, as a Brahmen, at the obfequies ; 
 
 221. * Should his father be desfd, a;nd his 
 
 * grandfather living, let him, in celebrating the 
 » name of his father, that is, in performing 6h^ 
 *Jequies to him, celebrate alfo his paternal great 
 
 * grandfather ; , 
 
 222. ' Either the paternal grandfather may 
 
 * partake oi the frdddha (fo has Menu declared) 
 
 * or the grandfon, authorized by him, may per- 
 
 * form the ceremony at his difcretion. 
 
 223. ' Having poured water, with cuS'a-gvsSs 
 ' and tilat i"^^ the hands of the BrdhmenSy let 
 ? him give them the upper part of the cakes, fay- 
 ^ ing, " Swadbd to, the manes 1" 
 
 224. ' Next, having himfelf brought with both 
 
 * hands a veffel full of rice, let him, ftill medi- 
 
 * tating on the Pitris, place^ it before the Brdh" 
 ' mens without ^xQciYiiaiion. 
 
 225. * Rice taken up, but not fupported with 
 
 * both hands, the malevolent Jfuras quickly 
 
 * rend in pieces. 
 
 226. * Broths, potherbs, and other eatables ac-^ 
 
 * companying the rice, together with milk and 
 
 * curds, clarified butter and honey, let him fijrft 
 
ON THE SECOND OJJDER. 191 
 
 * place on the ground, after he has made an ab- 
 
 * lution ; and let his mind be intent on no other 
 
 * objed: 
 
 227. ' Let him add fpiced puddings, and 
 
 * milky melTes of various forts, roots of herbs and 
 
 * ripe fruits, favoury meats, and fweet fmelling 
 
 * drinks. 
 
 228. * Then being duly purified, and with 
 
 * perfeft prefence of mind, .let him take up all 
 ' the dilhes one by one^ and prefent them in 
 ' order- to the Brahmens, proclaiming their qua- 
 
 * lities. 
 
 229. * Let him at no time drop a tear; let 
 
 * him on no account be angry ; let him fay no- 
 
 * thing falfe ; let him not touch the eatables 
 ' with his foot; l^t him not even ihake the 
 
 * dilhes : 
 
 230. ' A tear lends the mefles' to reftlefs 
 
 * ghofts ; anger, to foes ; falfehood, to dogs ; 
 
 * contact with his foot, to demons; agitation, to 
 ' fmners. 
 
 231,. ' Whatever is agreeable to the Brahmens^ 
 ' let him give without envy; and let him dit- 
 
 * courfe on the attributes of God : fuch dif- 
 ' courfe is ex.pe<3:ed by the manes. 
 
 232. ' At the obfequies to anceftors, he muft 
 
 * let the Brdljmens hear paflages from the Feda, 
 
 * from the codes of law, from moral tales, from 
 
J92 ON MARRIAGE ; OR 
 
 * heroick poems, from the Purdnas, and from 
 
 * theological texts. _.- 
 
 233. ' Himfelf being delighted, let him give 
 
 * delight to the Brdbmens, and invite them to 
 
 * eat of the provifions by little and little ; at- 
 
 * tracing them often with the dre'ffed rice and 
 
 * other eatables, and mentioning their good pr-o- 
 
 * perties. 
 
 234. ' To the fon of his daughter, though a 
 
 * ftudent in theology, let him carefully give 
 'food at the frdddha; offering him a blanket' 
 
 * from Nepal as his • feat, and fprinkling the 
 
 * ground w^ith tila : 
 
 235. ' Three things are held pure atfuch ob- 
 ' fequies, the daughter's fon, the Nepal blanket, 
 
 * and the tila ; and three things are praifed in it 
 
 * by the wife, cleanlinefs, freedom from wrath, 
 
 * and want of precipitate hafte. 
 
 236. ' Let all the dreffed food be very hot; 
 
 * and let the Brdbmens eat it in filence ; nor let 
 
 * them declare the qualities of the food, even 
 ' though alked by the giver. 
 
 237. 'As long as the mefles continue warm, 
 
 * as long as they eat in filence, as long as the 
 
 * qualities of the food are not declared by them, 
 ' fo long the manes feaft on it. 
 
 2^,,8. ' What a Brahmen eats with his head 
 
 * covered, what he eats with his face to the 
 
OITTHE SECOND ORDER. I9f 
 
 * fouth, what he eats with fandals on his feet, 
 
 * the demons afluredly, devoyr. 
 
 239. ' Let not a Chanddla, a townboar, a 
 
 * cock, a dog, a woman in her courfes,, or an eu* 
 
 * riuch, fee the Brdhmens eating : 
 
 "240. ' That, which any one of them fees at 
 "the oblation to fire, at a folemn donation of 
 
 * cows and gold, at a repaft given to Brah'^ 
 
 * menSy at holy rites to the gods, arid at. the 
 
 * obfequies to ancellors, produces not the in- 
 f tended fruit ; 
 
 \ '341.'* The boar deftroys it by his fmell) 
 
 * the cock, by the air of his wings ; the dog, 
 
 * by the caft of a look; the man of the loweft 
 
 * clafs, by the touch.' 
 
 242. ' If a lame man, or a man with oneey^, 
 
 * or a man with a limb defedive or redu^ndant, 
 ' be even a fervant of the giver^ him alfo let his 
 
 * mafter remove from the place. 
 
 ► 243. * Should another jBr^^wm, or a mendl!- 
 
 * cant, come to his houfe for food, let. him, 
 "having obtained permiffion from the inyited 
 '* Brdhmens, entertain the flranger to the beft of 
 
 * his power. 
 
 244. * Having brought together all the forts 
 ' of food, as dreffed rice and the like, and 
 
 * fprinkling them with water, let him place them 
 
 * before the Bt'dhtnem^'mh.o have eaten; drop- 
 
 VOL. v. o 
 
194. ON MARRIAGE ; OR 
 
 * ping fome on the blades of cusz-grafs, which 
 ^ have been fpread oj^' the ground. , « 
 
 245. * What remains in the difhes, and what 
 
 * has been dropped on the blades of cus a, muft 
 
 * be confidered as the portion of deceafed Brdh'» 
 
 * menSy not girt with the facrificial thread, and 
 
 * of fuch as have deferted unreafonably the wo-- 
 
 * men of their own tribe. 
 
 346. > * The refidue, that has fallen on the- 
 
 * ground git the Jraddha to the manes, the wife 
 ' have decided to be the fhare of all the fervantsy 
 
 * who are not crooked in their ways, nor lazy 
 
 * and ill-difpofed. 
 
 347. '-; Before the obfequies tg anceftors as far 
 
 * as the fixth degree, they muft be performed to a 
 ' Brahmen tecentlj deceafed ; but the performer 
 
 * of them muft in that cafe give the frddjha 
 ' without the cerembny to the Goda, and offer 
 
 * only one round cake j and tbefe abjequies for a 
 
 * Jingle aneejtor Jhould'be annually performed on 
 
 * the day of his death: 
 
 348. • When, afterzvards, the obfequies to 
 
 * anceftors as far as the fixth degree, inclufively 
 
 * of him, are performed according to law, then 
 
 * muft the offering of cakes be made by the de- 
 
 * fcendants in, the manner before ordained/or ik. 
 *^ monthly ceremonies. 
 
 249. ' That fool, who, having eaten qfthe^ 
 
ON THE SECOND ORDER, ' 195 
 
 ^frdddba, gives' tlie refidue of ft to a man of the 
 
 * fervile clafs, falls headlong down to the hdl, 
 ■* named Cdlajutra. i-ai 
 
 250. ^ Should the eater of a frdddha enter, 
 
 * on the fame day, the bed of a feducing woman, 
 
 * his anceftors would fleep for that month on her 
 . * excrement. 
 
 251. * Having, hythQ, vfor&fwaditam,2&.Qd. 
 
 * the Brdhme'ns if they have eaten well, let him 
 
 * give them, being fatisfied, water for an ablu- 
 
 * tion, and courteoufly fay to them; ** Reft ei- 
 *' ther at home or here." 
 
 252. ' Then let the Br«/5mm^ addrefs him, 
 
 * fdijing fwadbd; for, in alt ceremonies relating 
 
 * to deceafed anceftors, the word Swadbd is the 
 
 * higheft benifon. 
 
 253. 'After that, let him inform thofe, who 
 -* have eaten, of the food which remains; and, 
 
 * being inftrudted by the Brdhmens, let him dif- 
 
 * pofe of it, as they may direft. 
 
 954. * At the clofe of theJ^^<^^^flto his an- 
 
 * ceftors, he .muft afk, if the Brdhmens are fatis- 
 :* fied, by the word ywflf£//d!; after that for his fa- 
 
 * mily, by the word Jufruta ; after that for his 
 f own advancement, by the word Jampdnna; after 
 ,* that, which has been offered to the gods, by the 
 :* word mchita. 
 
 9^5. * The afternoon, the cus'a-gra&f the 
 2 
 
r 1 96 . fi ON MARRIAGE ; OTt ' 
 
 .. ' cieanfmg,ofthe ground, the tilas, the liberal gifts 
 ' of food, the due preparation for, the repaft, 
 
 * and the company of moft. exalted -Bra/jmew, 
 Vara true, riches in the obfequies to anceftors. 
 
 356. 'iThfe blades , of ;i a^^'d:, the holy text^, 
 ■'the forenoon, all the ! oblations^ 'Wj6/dry& will 
 
 * frejently he enumerated, and the: purificatioti 
 
 * before , mentioned, are to be c{l)nfidered as 
 J * wealth in the frdddha to the gods : 
 
 i2;57, ' Su<?h wild grains as ^re eaten by, her- 
 
 * mits,: milk, the juice of the moonplant, meat 
 
 * untainted, and fait unprepared by arti are heM 
 ^ things fit, in their Qwn nature, for the laft men- 
 
 * tiohed offering. ' 
 1- aj'S,. ' Having difmiflTed the invited- JBw'A/WfflJ, 
 
 * keeping his mind attentive, atid his fpeech 
 -' fuppreffed, let him, after an ablution, look to- 
 
 * ward the fouth, and alk thefe ,bl.effings of th? 
 ;* Pitrls-: . ' 
 
 259. '* May generous givers abound in oiff 
 ,,'^ hcrufe ! may the fcriptufes be ftudiied j and p roi 
 . *' geny i^creafe, in it ! may faith nevpr depaft 
 , "■ from us •! and may we have much., to beftow on 
 
 " the needy!" ; , 
 
 260. * Thus having ended the frdddha, lA 
 
 * hint caufe a cow, a prieft, a kid, or the fire^, 
 ' to devour what remains of the cakes j or 4^ 
 
 c* 'him call the^ into the waters, . ; 
 
o^ -The second orber. im 
 
 ia6i. 'Some mak-e the oflering of the round" 
 •^ cakes after therepaft ©f th^ Bfdbmms; fome 
 
 * caufe the birds to eat •what remain's, or caft it' 
 *• into water or iire. ' 
 
 - i62. 'Let a lawful wife, ever dutiful to her' 
 
 * lord, and conftantly honouring his anceftors, 
 
 * eat the middlemoft of the three cakes, or that 
 '•'(ffefed to his paternal grandfather, with due 
 
 * ceremonies, praying for offspring : 
 
 ' ^^2,. ' So may fhe -hring forth a fon, who 
 ' will be longlived, famed, and ftrongminded,' 
 '-wealthy, hiaving numerous defcendantsi, endued 
 
 * with the beft of qualities, and performing all 
 
 * duties religious and civil. 
 
 264. ' Then, having wafhed both his hands 
 *• aiid fipped water, let him prepare fo me rice 
 
 * for his paternal kinfmen ; and, having given it 
 ' them with due revei-ence, let him prepare food 
 
 * alfo for his maternal relations. 
 
 265. * Let the refidue continue in Its- place, 
 ^ \xni\\ the Brdhmens have been difmifled; and 
 < then let him perform the remaining diomt^iids!' 
 
 * faeraments. 
 
 266. * Wh-at fort of oblations, given duly to 
 ' the manes, are capable of fatisfying them for 
 *^a long time or for eternity, I will flow declare' 
 
 * without bmiffion. 
 
 « 267. s The anceftors of men ate fatisfied a" 
 
198 ON MARRIAGE ; GR 
 
 * whole motith ynth'tila, rice, barley, black len- 
 ' tils' or vetches, water, roots, and fruit, given, 
 
 * with prefcribed ceremonies $ > 
 
 268. ' Two months, with fifli ; three months,- 
 
 * with venifon ; four, with mutton; five, with 
 ' the flefh ofjucb birds, as the twice-born map 
 ' eat ; ; 
 
 269. ' Six months, with the flefh of kids; 
 
 * feven, with that of fpotted deer; eight, with; 
 
 * that of the deer, or antelope, called ha-, nine, 
 
 * with that of the rum : 
 
 270. * Ten months are they fatisfied with' 
 
 * the flelh of wild boars and wild' buffalos; 
 
 * eleven, with that of rabbits or hares, and of 
 '. tortoifes ; 
 
 271. * A whole year with the milk of cow v 
 
 * and food made of that milk ; from the flefh of 
 'the long-eared white goat, their fatisfadion en-' 
 
 * dures twelve years. 
 
 272. ' The potherb cdlafaca, the fifh maha- 
 ' falca, or the diodon, the flefh of a rhinoceros, 
 ' or of an ironcoloured kid, honey, and all fuch 
 
 * foreftgrains as are eaten by hermits, are formed' 
 
 * for their fatisfadlion without end. 
 
 273. * Whatever pure food, mixed with ho- 
 
 * ney, a man oflfers on the thirteenth day of the 
 ' moon, in the feafon of rain, and under the lunar 
 
 * afterifm Magba^)x3i.^ likewife a ceafelefs duratipn. 
 
ON THE SECOND ORDER. J99 
 
 ^74. ''"Oh ! may thutrmin, fay -ihe manes, be 
 •* born in our line, who may give us milky food, 
 •' with honey and pure butter, both on the thir- 
 " teenth of the mooq, and when the ihadow of 
 " an elephant falls to the eaft!" 
 
 275. ' Whatever a man, endued with ftrong 
 
 * faith, pioufly offers, as the law has direded, 
 ' becomes a. perpetual unperifliable gratification 
 
 * to his anceftors in the other world ; 
 
 ' 276. ' The tenth and fo forth, except the 
 
 * fourteenth, in the dark half of the month, are 
 ' the lunar days moft approved for facred obfe- 
 
 * quies: as they are^ fo are not the others. 
 
 277/ * He, who does honour to the manes, 
 
 * on even lunar days, and. under even lunar fta- 
 
 * tions, enjoys all his defires; on odd lunar days, 
 'and under odd lunar afterifms, he procures an 
 ' illuftrious race. 
 
 278. ' As the latter, or dark, half of the month 
 
 * furpaflcs, for the celebration of obfequies, the 
 
 * former, or bright half^ fo the latter half of the 
 
 * day furpaffes, /or the/am^ purpofe, the former 
 'half of it. 
 
 279. ' The oblation to anceftors^ muft be 
 
 * duly made, even to the conclujion of it with 
 
 * the dijiribution to the ffervants (or even to 
 
 * the clofe of life), in the form prefcribed, 
 ' by a Brahmen wearing his thread on his 
 bright flioulder, proceeding from left to right, 
 
m ' ^On MARRIAGE ; OR 
 
 * without remflhefsy and with cw/^-grafs in kis 
 
 * Hand, 
 
 280. ' Obfequies ffiuft not be performed by. 
 
 * night; fince the night is called racfhasi or w- 
 ^■Jejted by demons; nor while the fun is rifing oir, 
 
 * fetting, nor when it has juft rifen. 
 
 281. 'A houfe-keeper, unable to give W 
 
 * monthly repaji, may perform obfequies here 
 ' below, according to the facred ordinance, only 
 
 * thrice a year, in the feafons of hemanta, grijh- 
 
 * ma, and verjha ; but the five facraments h© 
 
 * muft perform daily. 
 
 282.' ' The facrificial oblation, at obfequies to* 
 
 * anceftors, is ordained to be made in no vulgar 
 'fire; nor fhould the monthly frdddha of that' 
 ^■Brahmen, who keeps a perpetual fire, be 
 'made on any day except on that of the con-* 
 
 * junftion. 
 
 283. ' When a twice-born man, having per- 
 
 * formed his ablution, offers a fatisfadlion to the 
 
 * manes with water only, being unable to give a 
 ' repaji, he gains by that offering all the fruit 
 
 * of a. frdddha. ■• 
 
 284. ' The wife call our fathers, Vqfus; our 
 
 * paternal grandfathers, Rudras ; our paternal greats 
 
 * grandfathers, A'dityas (that is, all are to be re^ 
 ' vered as deities); and to this effedl there is a 
 
 * primeval text in the ^letia. .» 
 
 385. * Let a man, who is able, continualljii 
 
ON THEvSECOND ORpEa. SOl 
 
 * feed on- vtgbaja, and continually feed on am^ 
 
 * nta : by vigbafa is meant the refidue of a repaift 
 
 * at obfequies ; and by amritUy the refidue of a 
 
 * facrifice to the gods. 
 
 286. * This complete fyftem of rules, for the 
 
 * five facraments and the like, has been de- 
 
 * clared to you: now hear the law for thojfe 
 
 * means . of fubfiftence, which the chief of the 
 
 * twice-born may feek. ' 
 
CHAPTER THE FOURTH 
 
 On Economicks ; and Private Morals, 
 
 I 
 
 I. ' Let a Brdhmeriy having dwelt with a 
 'preceptor during the firft quarter of a man's, 
 *■ life, pafs the fecond quarter of human life in 
 
 * his own houfe, when he has contraded a legal 
 ' marriage. 
 
 2. * He muft live, with no injury, or with 
 
 * the leaft poffible injury^ to animated beings, by 
 
 * purfuing thofe means of gaining fubfiftence, 
 ' which are ftridtly prefcribed by law, except in 
 
 * times of diftrefs: 
 
 3. ' For the fole purpofe of fupporting life, 
 
 * let him acquire property by thofe irreproacha- 
 
 * ble occupations, which are peculiar to his clais, 
 ' and unattended, with bodily pain. 
 
 4. ' He may live by rtta and amrita^ or, if 
 ' necejfaryy by mrtfa, or pramrda^ or even \>j Ja~ 
 
 * tydnnta j but never let him fubfift by Jwav- 
 
 * rttti: 
 
 5. ' By rttay muft be underftood lawful glean- 
 
 * ing and gathering i by amntay what is un- 
 
 * afked ; by mrita^ what is afked as alms; tillage 
 
 * is called pramnta; 
 
ON ECONOMICKS, &c. 203 
 
 6. * TrafEck and money lending sace Jatydfinta ; 
 
 * even by them, whe,n be is deeply dlftrejfed, may 
 ' he fupport life ; but fervice for hire is named 
 
 * fwavriUi, or dog-living, and of courfe he muil 
 *■ by all means avoid It. , ^ 
 
 , 7. ' He may either ftore up grain for' three 
 ' years; or garner up enough for one year; or 
 ' colledt what may. laft three days; or make. no 
 ' provilion for the morrow. 
 
 8. ' Of the fouv Brdhniens keeping houfe, who. 
 
 * folloiv thofe four diff^erent modes, a preference 
 
 ' is given to the laft in order fucceflively; as toi 
 
 * him, who moft completely by virtue has van- 
 
 * quifhed the world : \ 
 
 9. ' One of them fubfifts by all the fix means 
 ' of livelihood ; another by three of them ; a 
 ' third, by two only; and a fourth lives barely 
 
 * on continually teaching the* Veda. 
 
 I o. ' He, who fuftains himfelf by picking up 
 
 * grains and ears, muft attach himfelf to fome 
 ' altar of confecrated fire, but conftantly per-^. 
 ' form thofe rites only, which end with the 
 
 * dark and bright fortnights and with the foU.' 
 *ilices. 
 
 II. * Let him never, for the fake of a fub- 
 
 * fiftence, have recourfe to popular converfation; 
 
 * let him live by the conducl of a prieft, neither 
 
 * crooked, nor artful, nor blended zvith the man- 
 
 * ners of the mercantile clafs. 
 
204 ON ECONOMICK^i ■ 
 
 12. ' Let him, if he Teek happinefs,-be firm 
 
 * In perfedl content, and check all defire of ac- 
 
 * quiring more than he pojfejfes; for happinefs 
 '• has its root in content, and difcontentis the root 
 
 * of mifery. 
 
 13. 'A Brahmen keeping houfe-, and ftip- 
 ' porting himfelf by any of the legal means be- 
 
 * fore mentioned, muft difcharge Xht^e followmg 
 ' duties, which conduce to fame, length of life^ 
 
 * and beatitude. 
 
 14. ' Let him daily without iloth perform his 
 ' peculiar duty, which the Veda prefcribes ; for 
 
 * he, who performs that duty, as well as he is' 
 
 * able, attains the higheft path to fupreme blifs. 
 
 15. 'He muft not gain wealth byrmifick.Qr 
 
 * dancing, or by any art that pleafes the fenfe; 
 
 * nor by any prohibited art; nOr, whether he be 
 
 * rich or poor, muji he receite gifts Indifcrimr-' 
 'nately. 
 
 1 6. * Let him not, from a felfiih appetite, be 
 ' ftrongly addided to any fenfual gratification ; ' 
 *'let him, by improving his intelle(a,'ftudioufly 
 ' preclude an exceffive attachment to fuch plea-' 
 
 * fures, even though Idivful. 
 
 17. ' All kinds of wealth, that niay impede 
 his reading the Veda, let him wholly abandon/ 
 
 ' perfifting by all means in the ftudy of fcrip-' 
 
 * ture ; for that will be found his moft beneficial 
 
 * attainment. 
 
 t 
 
AND PRIVATE MORALS. . r S05 
 
 18. ' Let him pafs tKrough thislifei bringing 
 ' his apparel, his difcourfe, 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 thofe holy 
 
 * books, which foon give , increafe of wifdom ; 
 ' and thofe, which teach the means of acquiring 
 *. wealth; thofe, which are falutary to life; 
 
 * and thofe nigamas, which are explanatory of 
 
 * the Veda ; . 5, » 
 
 L 20. * Since, as far as a man ftudies completely 
 ' the fyftem. of facred literature, fo far only can 
 ' he become eminently learned, and fo far may 
 
 * his learning ihine brightly. 
 
 21. ' The facramental oblations to fages, to 
 ' the gods, to fpirits, to imen, and to his anceftors, 
 
 * let him conftantly perform to the beft of Ms 
 power. 
 
 2.2. ' Some, who well know the ordinances 
 
 * for thofe oblations, perform not always exter- 
 
 * nally the five great facraments, but continually 
 
 * make offerings in their own organs offenfation 
 *■ and intelle^: "^ 
 
 23. ' Some conftantly facrifice their breath 
 
 * in their Tpeech, when they ihfiruB others^ or 
 'praife God aloud^ and their fpeech in their 
 fhvtaxhyzvhm they, meditate in fileme; perceiving - 
 
 « 
 
2CS ON ECONOMICKS; ^ 
 
 « in their fpeech and breath thus employed ths 
 
 * unperifhable fruit of a facrificial offering: 
 
 .•?4. ' Other Brdbmens inceflantly perform 
 
 * thofe facrifices with fcriptural knowledge only; 
 
 * feeing with the eye of divine learning, that 
 ' icriptural knowledge is the root of every cere-' 
 
 * monial obfervance. 
 
 25. 'Let a Brahmen perpetually make obk- 
 
 * tions to confecrated fire, at the beginning and 
 f end of day and night, and at the clofe of eadh 
 
 * fortnight, or at the coiijunSiion and oppofition: 
 
 26. 'At the feafon, when old grain is ufually 
 
 * confumed, let him offer new grain for a plen- 
 
 * tiful harvefl ; and at the clofe of the feafon, let 
 
 * him perform the rites called adhvara ; at the ' 
 
 * folftices let him facrifice 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 harvcft, 
 ' nor cattle at the^ time of the foljlice, let no 
 
 * Brahmen^ who keeps hallowed fire, and wifhes 
 
 * for long life, tafte rice or flefh j 
 
 28. ' Since the holy fires, not being honoured 
 
 * with new grain and with a facrifice of cattle, 
 
 * are greedy for rice and flefh, and feek to de-. 
 
 * vour his vital fpirits. 
 
 29. * Let him take care, to the utmofl of his 
 
 * power, that no gueft fojourn in hi§ houfe un-. 
 
AND PRIVATE MORALS. "207 
 
 * honoured with a feat, with food, with a hed, 
 ' with water, with efculent roots, and with fruit: 
 
 30. * But, let him not honour with his con- 
 
 * verfaiion fuch as do forbidden ads ; fuch as 
 
 * fubfift, like cats, by interejled craft ; fuch, as 
 
 * believe not the fcripture; fuch as oppugn it by 
 
 * fophifms ; or fuch as live like rapacious water- 
 
 * birds. 
 
 31.* With oblations to the gods and to aa- 
 
 * ceftors, let him do reverence to Brdhmens of the 
 
 * fecond order, who are learned in theology, who 
 
 * have returned home from their preceptors, 
 
 * after having performed their religious duties 
 
 * and fully ftudied the Feda; but men of an op- 
 ' pofite defcription let him avoid. 
 
 32. * Gifts muft be made by each houfc- 
 
 * keeper, as far as he has ability, to religious 
 
 * mendicants, though heterodox; and a juftpor- 
 
 * tion mull be referved, without inconvenience 
 
 * to his family, for all fentient beings, animal and 
 
 * vegetable, 
 
 33. * A prieft, who is mailer of a family, and 
 
 * pines with hunger, may feek wealth from a 
 ' king of the military clafs, from a facrificer, or 
 ' his own pupil, but fronvno perfon elkytinlefs 
 
 * all other helps fail: thus will hejhew Z>/5refpe<a 
 
 * for the law. 
 
 34. * Let no prieft, who keeps houfe, and is 
 
 * able to procure food, .ever wafte himfelf with 
 
-SOS ON ECONOMICKS; 
 
 ' himger ; nor, when he has any fu'bflanG©, let 
 
 * him wear old or fordid clothes. 
 
 ;^^. 'His hair, nails, and beard, being clipped; 
 
 * his paffims fubdued ; his mantle, white ; his 
 . ' body, pure ; let him diligently occupy himfelf 
 
 * in reading- the Feduj and be conftantly intent 
 
 * on fuch adls, as may be falutary to him. 
 
 ^6. ' Let him carry a ftafF of Fenu, an ewer 
 ' with water in it, a handful of rw^a-^grafa,' or a 
 
 * copy of the Veda ; with, a pair of bright golden 
 
 * rings in his ears. - 
 
 ^y. ' He muft not gaze on the fun, whether 
 
 * rifing or fetting, or eclipfed, or refle6ledi,in 
 
 * water, or advanced to the middle of the fky. 
 
 38. * Over -a ftring, to which a calf is tied,let 
 
 * him not ftep ; nor let him run, while it rains ; 
 
 * nor let him look on his own image in water ; 
 ^ this is a fettled rule. 
 
 39. ' By a mound of earth, by a cow, by an 
 
 * idol, by aJBrdhmen, by a pot of clarified but- 
 ' ter, or of honey, by a place where four ways 
 ' meetjv and by large trees well known in the 
 
 * diftrr6l, let him pafs with his right hand tOi 
 
 * ward them. ■ ' , 
 
 40. ' Let him not, though mad with defire, 
 ' approach his wife, when Jier courfes appear; 
 
 * nor let him then fleep with her in the fame 
 
 * bed ; . 
 
 41. ' Since the knowledge, the manhood, the 
 
AND PRIVATE MORALS. 209 
 
 * ftrength, the eyefight^ even the vital fpirit, of 
 
 * him, who approaches his wife thus defiled, ut- 
 ' terlyperifhj 
 
 42. * But the knowledge, the manhood, the 
 
 * ftrength, the fight, and the life of him, who 
 ' avoids her in that ftate of defilement j are greatly 
 
 * increafed. 
 
 43. ' Let him neither eat with his wife, nor 
 ' look at her eating, or fneezing, or yawning, ot 
 ' fitting carelefsly at her eafe ; 
 
 44. • Nor let a Brahmen, who defires manly 
 
 * ftrength, behold her fetting off" her eyes with 
 
 * black powder, or fcenting herfelf with ef- 
 
 * fences, or baring her bofom, or bringing forth 
 
 t 
 
 child. 
 
 45. ' Let him not eat his food, wearing Only 
 
 * a fingle cloth ; nor let him bathe quite naked • 
 ' nor let him eje£t urine or feces In the high- 
 
 * way, nor on afhes, nor where kine are grazing, 
 
 46. ' Nor on tilled ground, nor in water, nor 
 ' on wood raifed for burning, nor, unlefs he be in 
 
 * great need, on a mountain, nor on the ruins of 
 
 * a temple, nor at any time on a tieft of white 
 ' ants, 
 
 47. * Nor in ditches with living creatures in 
 
 * them, nor walking, nor ftanding, nor on the 
 ' bank of a river, nor on the fummit of a moun- 
 ' tain : 
 
 4S. * Nor let him ever ejed them, looking at 
 VOL. V. p Y ^ : 
 
mn ON ECONOMICKS; 
 
 * things mmed by the wind, or at fire, or at a 
 
 * prieft, or at the fun, or at water, or at cattle ; 
 
 49. * But let him void his excrements, having 
 
 * covered the earth vfith wood, potherbs, dry 
 ' leaves and grafs, or the like, carefully fupprefs- , 
 ' ing his utterance, wrapping up his breaft and 
 
 ' his head: 
 
 50. 'By day let him void them with his face 
 ' to the north; by night, with his face to the 
 ' fouth ; at funrife and funfet, in the fame man- 
 
 * ner as by day; 
 
 5 1 . 'In thelhade or indarknefs, whether by day 
 *' or by night, let a Brahmen eafe nature with his 
 
 * face turned as he pleafes ; and in places where 
 ' he fears injury to life from wild beafts or from 
 ' reptiles. 
 
 52. ' Of him, who fliould urine' againft fire, 
 ' againft the fun or the moon, againft a twice- 
 
 ' born man, a cow, or the wind, all the facred ' 
 ' knowledge would perifh. 
 
 ^^. ' Let him not blow the fire with his 
 ' mouth ; let him not fee his wife naked ; let hiiii 
 ' not throw any foul thing into fire ; nor let him 
 
 * warm his feet in it ; 
 
 54. ' Nor let him place it in a chafing dijh 
 ' under his bed; nor let him ftride over it; nor 
 ' let him keep it, luhile hefleeps, at his feet: let 
 ^ him do nothing, that maybe injurious to life. 
 
 5^. ' At the time of funrife or funfet, let him 
 
AND PRIVATE MORALS. 211 
 
 * not eat, nor travel, nor lie down to reft; let 
 '^him not idly draw lines on the ground ; nor 
 ' let him take ofF his own chaplct of flowers. 
 
 56. ' Let him not caft into water either urine 
 ' or ordure, nor faliva, nor cloth, or any other 
 ' thing, foiled with impurity, nor blood, nor any 
 
 * kinds of poifon. 
 
 57. ' Let him not fleep alone in an empty 
 
 * houfe ; nor let him wake a fleeping man Jupe- 
 ' rimir to himf elf in wealth and in learning; nor 
 ' let him fpeak to a woman at the time of her 
 ' courfes ; not let him go to perform a facrifice, 
 ' unattended by an officiating priefi. 
 
 58. ' In a temple of confecrated fire, in the 
 
 * pafturc of kine,: in the prefence of Brdhmens, 
 ' 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 fhe is 
 ' drinking^, nor give notice to any, whofe milk or 
 ' water P^e drinks; nor let him, who knows right 
 'from wrong, and fees in the fky the bow of 
 ' Indra, fhow it to any man. 
 
 60. ' Let him not inhabit a town, in which 
 
 * civil and religious duties, are neglefted; nor, for 
 ' a long time, one in which difeafes are frequent : 
 ' let him not begin a journey alone: let him not 
 '.refide long on a mountain. 
 
 61 . * J^et him not dwell in a city governed by 
 
 * a Sudra king, nor in one furrouiided with men 
 
 p 2 
 
«I2 ON ECONOMICKS ; 
 
 * unobfervant of their duties, nor in one abound- 
 
 * ing with profefled heretidks, nor in one fwarm- 
 
 * ing with lowborn outcafts. 
 
 62. ' Let him eat no vegetable, from w^hich 
 
 * the oil has been extracted ; nor indulge his ap- 
 
 * petite to fatiety; nor eat either 1:oo early or too 
 
 * late ; nor take any food in the evening, if he 
 
 * have eaten to fulnefs in the morning, 
 
 6t,. ' Let him make no vain corporeal exer- 
 
 * tion : let him not fip water taken up with his 
 ' dofed fingers : let him eat nothing placed in 
 
 * his lap: let him never take pleafure in alking 
 ^ idle queftions, 
 
 64. ' Let him neither dance nor fmg, nor 
 ' play on mufical inftruments, except in religious 
 
 * rites ; nor let him ftrike his arm, or gnafh his 
 
 * teeth, or make a braying nojfe, though agitated 
 ' by paffion. 
 
 65. ' Let him not wafh his feet in a pan of 
 
 * mixed yellow metal ; nor let him eat from a 
 ' broken dilh, nor where his mind is difturbed 
 ' with anxious apprehenfions. 
 
 66. ' Let him not ufe either flippers or clothes, 
 
 * or a facerdotal ftring, or an ornament, or a gar- 
 
 * land, or a waterpot, which before have been 
 ' ufed by another. 
 
 67. ' With untrained beafts of burden let him 
 
 * not travel ; nor with fuch, as are oppreffed by 
 ' hunger or by difeafej nor with fuch as have 
 
AND PRIVATE MORALS. 21S 
 
 * imperfedt horns, eyes, or hoofs; nor with fuch 
 ' as have ragged tails: 
 
 68. ' But let him conftantly travel with beafts 
 
 * well trained, whofe pace is quick, who bear all 
 
 * the marks of a good breed, who have an agree- 
 
 * able colour, and a beautiful form; giving them 
 ' very little pain with his whip. 
 
 69. ' The fun in the lign q£ Canya, the fmoke 
 
 * of a burning corfe, and a broken feat, muft 
 
 * be fhunned : he muft never cut his own hair 
 
 * and nails, nor ever tear his nails with his teeth. 
 
 70. ' Let him not break mould or clay without 
 ' caufe: let him not cut grafs with his nails ; let 
 
 * him neither indulge any vain fancy, nor do any 
 
 * a6}, that can bring no future advantage : 
 
 71. ' He, who thus zW/jy breaks clay, or cuts 
 ' grafs, or bites his nails, will fpeedily fink to 
 
 * ruin ; and fo Jhall a detradlor, and an unclean 
 ' perfon. 
 
 72. * Let him ufe no contumelious phrafe: 
 
 * let him wear no garland except on his hair: to 
 
 * ride on the back of a bull or cow, is in iiU 
 
 * modes culpably. 
 
 73. * Let him not pafs, otherwife than by the 
 ' gate, into a walled town, or an inclofed houfe j 
 ' and by night let him keep aloof from thejoots 
 
 * of trees. ' , 
 
 74. * Never let him play with dice ; let him 
 
 * not put oiF his fandals with his hand : let him 
 
214 ON ECGNOMICKS ; 
 
 < not eat, while he reclines on a bed, nor what 
 
 * is placed in his hand, or on a bench; 
 
 r 75. < Nor, when the fun is fet, let him eat 
 
 * any thing mixed with tila; nor let him ever in 
 ' this world fleep quite naked ; rjor let him go 
 
 * any whither with a remnant of food in his 
 ' riiouth. 
 
 76. ' Let him take his food, having fprinkled 
 
 * his feet with water; but never let him fleep 
 ' with his feet wet: he, who takes his food with 
 ' his feet fo fprinkled, will attain long life. 
 
 77. ' Let him never advance into a place un- 
 
 * diftinguifhable by his eye, or nor eafily paiTable; 
 
 * never let him look, at urine or ordure ; nor let 
 ' him pafs a river fwimming with his arms. 
 
 78. ' Let not a man, who defires to enjoy long 
 
 * life, fland upon hair, nor upon afhes, bones, or 
 
 * potfherds, nor upon feeds of cotton, nor upon 
 ' hufks of grain. 
 
 79. * Nor let him tarry even under thejhade 
 ' of the fame tree with outcafts for great crimes, 
 
 * nor with Chanddlas, nor with .Piiccafas, nor 
 ' with idiots, nor with men proud of wealth, nor 
 ' with zvafhermen and other vile perfons, nor with 
 
 * 'j4ntyavafdyins. 
 
 80. ' Let him not g've even temporal advice 
 ' to a Siidra; nor, except to his own fervant, what 
 ? remains from his table ; nor clarified butter, of 
 « which part has beep offered tQ the gods ; nor let 
 
AND PRIVATE MQRALS. 21 S 
 
 * him in ferfon give fplritual counfel to fuclj a 
 
 * man, nor perfonally inform him of the legal ex- 
 .' piation for his fin : 
 
 8 1 . ' Surely he, who declares the law to a |er- 
 
 * vile man, and he, who inftruds him in the 
 ' mode of expiating fin, except by the intervention 
 ' 9f ^ P^^^fii finks v/ith that very man into the 
 
 * hell named Afamvrita. 
 
 82. ' Let him not ftroke his head with both 
 ' hands ; nor let him even touch it, while food 
 
 * remains in his mouth ; nor without bathing it, 
 ' let him bathe his body. 
 
 83. * Let him not in anger lay hold of hair, or 
 
 * fmite 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 
 
 * clafs, let him accept no gift, nor from fuch as 
 ' keep a flaught'erhoufe or an oilprefs, or put out 
 
 * a vintner's flag, or fubfift by the gain of profti- ' 
 ' tutes : 
 
 85. ' One oilpi^efs is as bad as ten flaughter- 
 ' houfes; one vintner's flag, as ten oilprefles ; one 
 ' proflitute, as ten vintner's flags; one Jucb 
 ' king, as ten profl:itutes ; 
 
 86. ' With a flaughterer, therefore, who em- 
 € ploys ten thoufand flaughterhoufes, a king, not 
 ' ajoldier by birth, is declared to be on a level ; 
 ' andsi gift from him is tremendous. 
 
216 ON ECONOMICKS ; 
 
 87. * He, who receives a prefent from an ava- 
 ^ ricious king and a tranfgreffor of the facred ori 
 
 * dinances, goes in fucceffion to the following 
 ^ twenty-one hells ; 
 
 88. ' Tdmifra, Andhatdmifra, Maharaurava, 
 
 * Raurava, Naraca, Cdlafutra, and Mahdnaraca; 
 
 89. ' Sanjivana, Mahdvichi, Tapana, Sampra- 
 
 * Upand, Sanhdta, Sacdcola, Cudmala, Futimrlttica ; 
 
 90. ' Ldhqfancu, or iron/piked, and RijJJIja, 
 
 * Panfhdna, the river Sdlmali, Jfipatravana, or 
 
 * tkefxvordleavedforejl, and Loh'dngdraca, or the 
 
 * pit ofredhot charcoal. 
 
 91. ' Brdhmens, who know this law, who 
 
 * fpeak the words of the Veda, and who feek 
 
 * blifs after death, accept no gifts from a king. 
 
 92.' ' Let the hoiifekeeper wake in the time 
 
 * facred to Bra'hmi', the goddejs offpeech, that 
 
 * iSy in the laji watch of the night : let him then 
 
 * refled: on virtue and virtuous emoluments, on 
 ^ the bodily labour, which they require, and on the 
 
 * whole meaning and very eflence of the Veda. ' 
 
 93. ' Having rifen, having done what nature 
 
 * makes neceflary, having then purified himfelf 
 ^ and fixed his attention, let him ftand a long 
 
 * time repeating the gdyatri for the firft or morn- 
 
 * ing twilight; as he muft, for the laft or evening 
 
 * twilight in its proper time. 
 
 94. * By continued repetition of the gdyatri at 
 
 * the twilights, the holy f^ges acquire lepgtti of 
 
AND PRIVATE MORALS. 217 
 
 * days, perfeG knowledge, reputation during life, 
 
 * fame after death, and celeftial glory. 
 
 95. * Having duly performed the upacarma, 
 
 * or domejiic ceremony with Jacred fire, at the full 
 ^ moon of Srdvana or of Bhddra^ let the Brah- 
 
 * men, fully exerting his intelledual powers, read 
 
 * the Vedas during four months and pne foit- 
 
 * night : 
 
 96. ' Under the lunar afterifm Pujhya, or on 
 
 * the firft day of the bright half of Mdgha, and 
 
 * in the firft part of the day, let him perform, out 
 
 * of the town, th? ceremony called the utf^rga of 
 ^ the Fedas. 
 
 97. * Having performed that ceremony out of 
 
 * town, as the law directs, let him defift from 
 
 * reading for pne intermediate night winged with 
 
 * two days, or for that day and that Jollowing 
 
 * night only; 
 
 98. * But after that intermijfion^ let him atten- 
 
 * lively read th? Vedas in the bright fortnights ; 
 
 * and in the dark fortnights let him conftantly 
 ' read all the Feddngas. 
 
 99. ' He muft never read the Feda without 
 
 * accents and letters well pronounced ; nor ever 
 
 * in the prefence of Sudras; nor, having begim 
 ' to r^ad it in the laft watch of the night, nauft 
 
 * he, though fatigued, fleep again. 
 
 10.0. * By the rule juft mentioned let him 
 ' continually, with his faculties exerted, read the 
 
 * Mantras, pr Ijol^ texts^ ^ompofed in regular 
 
\l% ON ECONOMICKS ; 
 
 * meafures ; and, when he is under no reftraint, 
 *let him read both the Maniras and the 
 
 * BrahmanaSy or chapters on the attributes of 
 
 1 oi . ' Let a reader of the Veda, and a teacher 
 
 * of it to his pupils, in the form prefcribed, al- 
 
 * ways avoid reading on the following prohibited 
 •^ days. 
 
 1 02. 'By liight, when the wind meets his 
 
 * Kir, and by day when the duft is colle<3:ed, 
 ' he muji not read in the feafon of rain; fmce both 
 ' thofe times are declared unfit for reading, by 
 ' fuch as know when the Fedd ought to be rqad. 
 
 103. ' In lightning, thunder, and- rain, or 
 
 * during the fall of large fireballs on all fides, at 
 
 * fueh times Menu has ordained the reading of 
 
 * fcripture to be deferred till the fame time next 
 
 * day. 
 
 104. ' When the priefl: perceives thoie acci- 
 ' dents occurring at once, while his fires ai*e kindled 
 ' for morning and evening facrifices, then let him 
 
 * know, that the Veda muft not be read ; 'and 
 
 * when clouds are feen gathered out of feafon. 
 
 105. * On the occafion of a preternatural 
 
 * found from the iky, of an earthquake, or, an 
 
 * obfcurationof the heavenly bodies, even in due 
 *■ feafon, let him know, that his reading muft be 
 
 * poftponed till the proper time : 
 
 i'o6. ' But if, while his fires are blazing, 
 
 * the found of lightning and thunder is heard 
 
AND PRIVATE MORALS. 219 
 
 * without rain^ his reading muft be difcontinue.d, 
 ' only while the phenomenon lafts; the remain- 
 
 * ing event, or rain alfo, happening, it muft ceafe 
 ' for a night and a day. 
 
 1 07. ' The reading of fuch, as wifh to attain 
 
 * the excellent reward of virtue, muft continually 
 
 * be fufpended in towns and in cities, and always 
 ' where an ofienlive fmell prevails. ' 
 
 108. ' In a diftrift, through which a Corpfe 
 ' is carried, and in the prefence of an unjuft per- 
 
 * fon, the reading of fcripture muft ceafe; and 
 ' while the found of weeping is heard ; and in a 
 
 * promifcuous aflembly of men. 
 
 109. 'Inwater, near midnight, and while thetwo 
 ' natural excretions are made, or with a remnant 
 
 * of food in the mouth, or ^Nhen the frJddba has 
 ' recently been eaten, let no man even meditate 
 ' in his heart on the holy texts. 
 
 no. 'A learned Brahmen, having received an 
 ' invitation to the obfequies of a fmgle anceftor, 
 
 * muft not read the Veda fpr three days ; nor 
 
 * when the king has a fon born ; nor when the 
 
 * dragon's head califes_an eclipfe. 
 
 III. 'As long as the fcent and unduofity of 
 
 * perfumes remain on the body of a learned 
 
 * prieft, who has partaken of an entertainment, 
 ' fo long he muft abftain from pronouncing the 
 
 * texts of the Veda. 
 
 I J 2. * Let him' not read lolling on a couch,. 
 
220 ON ECONOMICKS-, 
 
 * nor with his feet raifed on a bench, nor with 
 
 * his thighs crofTed, nor having lately fwallowed 
 
 * meat» or the rice and other food given on the 
 
 * birth or death of a relation ; 
 
 J 13. ' Nor in a cloud of duil, nor while ar- 
 
 * rows whiz, or a lute founds, nor in either of the 
 
 * twilights, nor at the conjun£tion, nor on the 
 
 * fourteenth day, nor at the oppofition, nor on the 
 
 * eighth day, of ,the moon ; 
 
 1 14. * The dark lunar day deftroys the fpi- 
 
 * ritual teacher ; the fourteenth deftroya the 
 
 * learner J the eighth and the day of the full 
 
 * moon deftroy all remembrance of fcripture; for 
 ' which reafons he muft avoid reading on thofe 
 
 * luriar days. 
 
 115.' Let no Brahmen read, while duft fall* 
 
 * like a, fhower, nor while the quarters of the 
 
 * firmament are inflamed, nor while fkakals 
 
 * yell, nor while dogs bark or yelp, nor while 
 
 * afles or qamelsjaray, nor while men in company 
 
 * chatter.- 
 
 116.' He muft not read near a cemetery, near 
 
 * a town, or in a pafture for kine; nor in a 
 
 * mantle worn before at a time of dalliance; 
 
 * nor having juft received the prefent ufual at 
 
 * obfequies : 
 
 117. * Be it an animal, or a thing iiianimate, 
 
 * or whatever be the gift at zfrdddha, let him 
 
 * not, having lately accepted it, read the Feda,, 
 
AND PRIVATE MORALS. 22 1 
 
 * for fuch a Brahmen is faid to have his mouth 
 ' in his hand. 
 
 1 1 8. ' When the town is befet bj, robbers, or 
 
 * an alarm has been raifed by fire, and all in ter- 
 
 * rors from ftrange phenomena, let him know, 
 ' that his lecture muft be fufpended till the due 
 
 * time after the caufe of terror has ceafed. 
 
 119. ' The fufpenfion of reading fcripture, 
 ' after a performance of the updcarma and utferga^ 
 ' muft be for three whole nights, by the man who 
 ^ feeks virtue more than knowledge', alfo for one 
 
 * day and night, on the eight lunar days which 
 ' follow thofe ceremonies, and on the nights at 
 
 * the clofe of the feafons. 
 
 120. ' Never let him read on horfeback, nor 
 ' on a tree, nor on an elephant, nor in a boat, 
 ' nor on an afs^'nor on a camel, nor i!anding on 
 
 * barren ground, nor borne in a carriage ; 
 
 121. ' Nor during a verbal altercation, nor 
 
 * during a mutual aifault, nor with an army, nor 
 ' in battle, nor after food, zvhile his hand is 
 ' moifi from wajhingy nor with an indigeftion, 
 
 ' ' nor after vomiting, nor with four erud:ationsj 
 
 122. * Nor without notice to a gueft juft ar- 
 
 * rived, nor while the wind vehemently blows, 
 
 * nor when blood gufhes from his body, nor 
 Vwhen it is wounded by a weapon. 
 
 123. * While the ftrain of the Sdman meets 
 
 * his ear, he fhall not read the Rich, ox the Ta- 
 
222 ON ECONOMICICS i 
 
 '■jujh; nor any part of the Veda, when he has 
 « juft concluded the whole ; nor any other part, 
 
 * when he has juft finiflied t;he book entitled 
 ' A' r any oca: 
 
 124. ' The Rigveda is held facred to the gods; 
 ' the Tajurveda relates to mankind ; the Sdma- 
 ' veda concerns the manes of anceftors, and the 
 
 * found of it, when chanted, raifes therefore a 
 
 * notion of fomething impure. 
 
 125. * Knowing this colleSiion of rules, let the 
 
 * learned read the Veda on every lawful day, 
 ' having firft repeated in order the pure eflence 
 ' of the three Vedas, namely, the pranava, the 
 ' vydhritis, and the gdyatri. 
 
 126. ' If a beaft ufed in agriculture, a frog, a 
 ' cat, a dog, a fiiake, an ichneumon, or a rat, pafs 
 
 * between the leSiurer and his pupil, let him know, 
 ' that the ledlure muft be intermitted for a day 
 
 * and a night. \ 
 
 127. ' Two. occafions, when the Veda vswA 
 
 * not be read, let a Brahmen conftantly obferve 
 
 * with great care ;, namely, when the place for 
 
 * reading it is impure, and v\?hen he is ' himfelf - 
 ' 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 
 ' houfe, be continually .chafte as a ftudent in theo- 
 ' logy, even in the feafon of nuptial embraces. 
 
AND PRIVATE ^^lOR^aS. ^S' 
 
 129. ' Let him not bathe, having jufl; eaten; 
 
 * nor while he is afflided with difeafe ; nor ia 
 
 * the middle of the night ; nor with many 
 
 * iclothes ; nor in a pool of water imperfedly 
 ' known. 
 
 130. ' Let him not intentionally pafs over the 
 
 * fhadow of facred images, of a natural or fpiri- 
 ' tual father, of a king, of a Brahmen, who keeps 
 
 * houfe, or of any reverend perfonage ; nor of a 
 ' redhaired or coppercoloured man ; nor of one, 
 ' who has jufl: performed a facrifice. 
 
 131. ' At noon or at midnight, or having eaten 
 ' flefh at afraddha, or in cither of the twilights, 
 ' let him not long tarry,, vs^here four ways meet. 
 
 132. 'Herauft not ftand knowingly nearoiland 
 
 * other things, with which a man has rubbed his 
 
 * body, or water, in which he has wafhed him- 
 'felf, or feces and urine, or blood, or mucus, or 
 ' any thing chewed and Ipitten out, or any thing 
 ' vomited. 
 
 133. ' Let him fliew no particular attention to 
 ' liis enemy, or his enemy's friend, to an unjuil 
 
 * perfoil, to a thief, or to the wife of another 
 ' man; 
 
 134. ' Since nothing is known in this wbrld 
 
 * ,fo obftrudive to length of . days, as the 
 
 * culpable attention of a man to the wife of 
 ' another. 
 
 135^ * Never let him, who delires an increafe 
 
224 ON fiCONOMICKSj 
 
 ' of wealth, defpife a warriour, a ferpent, or i 
 
 * prieft verfed in fcripture, how mean foever 
 ' they may appear ; 
 
 136. ' Since thofe three, when contemned, 
 
 * may deftroy a man; let a wife man therefore 
 
 * always beware of treating thofe three with con- 
 ' tempt : 
 
 137. ' Nor fhould he defpife even himfelf on 
 
 * account of preyious mifcarriages : let him pur- 
 
 * fue fortune till death, nor ever think her hard 
 ' to be attained. 
 
 138. ' Let him fay what is true, but let him 
 
 * fay what is pleafmg ; let him fpeak no difagree- 
 ' able truth, nor let him fpeak agreeable falfe- 
 
 * hood : this is a primeval rule. 
 
 139. VLet him fay " well and good," or let 
 
 * him fay, " well" only ; but let him not main- 
 
 * tain fruitlefs enmity and altercation with any 
 ' man. 
 
 140. * Let him not journey too early in the 
 
 * morning or too late in the evening, n,or too 
 
 * near the midday, nor with an uiaknown com- 
 ' panion, nor alone, nor with men of the fervile 
 
 * ckfs. 
 
 141. ' Let him not infult thofe, who want a 
 
 * limb, or have a limb redundaiit, who are un- 
 
 * learned, who are advanced in age, who have 
 ' no beauty, who have no wealth, or who are of 
 ' an ignoble race. 
 
AND PRIVATE MORALS. 225 
 
 T42. ' Let no prieft, unwaflied after food, 
 ' touch with his hand a cow, a Brahmen, or fire; 
 ' nor, being in good health an4 unpurified, let 
 
 * him even look at the luminaries in the,firma- 
 
 * ment: 
 
 1 143. ' But, haying 9.c^i^Q.nX.s\\j touched them 
 ' before his purification, let him ever fprinkle, 
 
 * with water in the palm of his hand, his organs 
 
 * of fenfation, all his lirribs, and his navel. 
 
 144. ' Not being in pain from difeafe, let him 
 
 * never without caufe touch the cavities of his 
 
 * body; and carefully let him avoid his concealed 
 
 * hair. 
 
 145. ' Let him be intent on thofe •propi- 
 ^[tj^^ ^bf enism.es which lead to good fortune, 
 
 * and on the difcharge of his cuftomary duties, 
 -^ hijs body and mind beingpure, and his members 
 
 * kept in fubje£tion ; let him conftantly without 
 
 * remiflhefs repeat the gdyatr), and .prefent his 
 ' oblation to fire : 
 
 146. ' To thofe, who are intent on good for- 
 _ * tune and on the difcharge of their duties, who 
 
 * are always pure, who repeat .the holy text and 
 
 * njake oblations to fire, no calamity happens. 
 
 1 47. ' In due feafon let him ever ftudy the 
 
 * feripture without negligence ; for the fages 
 ' call that his principal duty : everys^her duty 
 
 * is declared to be fubordinate. v 
 
 148. ' By reading the Ve4a continually, by 
 VOL. r. <i. 
 
226 ON ECONOMICKS ; 
 
 * purity of body and mind, by rigorous de« 
 
 * Yotion, 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 
 ' cbnftantly, attains blifs without end. 
 
 150. * On the days of the conjundiion and 
 
 * oppofition, let him conftantly make thofe obla- 
 
 * tions, which are hallowed by the gdyatri, and 
 
 * thofe, which avert misfortune ; but on the 
 
 * eighth and ninth lunar days of the three dark 
 
 * fortnights after the end of Agrahdyan, let him 
 
 * always do reverence to the manes of anceftofs. 
 
 151. * Far from the manfion of holy fire, let 
 
 * him remove all ordure ; far let him remove 
 
 * water, in which feet have been wafhed ; far' 
 
 * let him remove all remnants of food, and all ft- 
 
 * minal inapurity. 
 
 152. * At the beginning of each day let him 
 
 * difcharge his feces, bath€, rub his teeth, apply 
 
 * a collyrium to his eyes, adjuft his drefs, and 
 
 * adore the gods. 
 
 153. * On the dark lunar day, and on the 
 
 * other monthly parvans^ let him vifit the images 
 
 * of deities, and Bra hmens eminent in virtue, and 
 
 * the ruler of the land, for the fake of protedion, 
 
 * and thofe whoto he is boun#to revere. 
 
 154. 'Let him humbly .greet venerable men, 
 
AND PRIVATE kORALS. 221 
 
 * who vifit him, and give them his own feat; let 
 
 * him fit near them, clofing the palms of his 
 
 * hands ; and when they depart, let him walk 
 
 * feme: way behind them. 
 
 155. ' Let him pradtife without intermiflion 
 
 * that fyftem of approved ufages, which is the 
 ' root of all duty religious and civil, declared at 
 ' large in the fcripture and facred lawtra£ts, to?- 
 
 * gether with the ceremonies peculiar to each 
 ' ad ; 
 
 156. * Since by fuch practice long life is at- 
 
 * tained ; by fuch pra6lice is gained wealth un* 
 -* perifhable ; fuch pradlice baffles every mark of 
 
 * ill fortune : 
 
 157. * But, by an oppofite pradlice, a man 
 
 * furely finks to contempt in this world, has al-- 
 
 * ways a large portion of mifery, is afflided with 
 
 * difeafe and fliortlived ; 
 
 158. ' While, the man, who is obfervant of 
 
 * approved ufages, endued with faith in fcrip- 
 
 * ture, and free from a fpirit of detra<aion, lives 
 
 * a huudred years, even though he bear no 
 
 * bodily mark of a profperous life. 
 
 159. ' Whatever a£t depends on another man, 
 
 * that a6t let him carefully fliun; but whatever' 
 
 * depends on himfelf, to that let him ftudioufly 
 
 * attend : 
 
 160. ' All,.-That depenx>s on another, 
 
 0.2 
 
528 ON ECONOMiaCS; 
 
 * GIVES PAIN; AND ALL, THAT DEPENDS OM 
 
 * HIMSELF, GIVES PLEASURE ; let him know 
 
 * this to be in few words the definition of plea- 
 ' fure and pain. 
 
 1 61. ' When an a£t, neither prefcribed nor 
 
 * prohibited^ gratifies the mind of him, who per- 
 
 * forms it, let him perform it with diligence^ 
 
 * but let him avoid its oppofite. 
 
 162. ' Him, by wlit>m he was invefted with 
 *^the facrificial thread, him, who explained the 
 ' Feda or even a part of it, his mother, and his 
 
 * father, natural or ^iritual^ let him never op- 
 
 * pofe ; nor priefts, nor cows, nor perfons trul;^ 
 
 * devout. 
 
 ^ 163. ' Denial of a futxire ftate negledl of the 
 "' fcripture, aiid contempt of the deities, envy and 
 
 * hatred, vanity and pride, wrath and feverity, 
 
 * let him at all times avoid. 
 
 164. ' Let him not, when angry, throw a 
 
 * ftick at another man, nor fmite him with any 
 'thing* unlefs he be a fon or a pupil: thofe 
 
 * twp he may chaftife for their improvement in 
 
 * learning. 
 
 165. 'A twice-born man, who barely al^ 
 
 * faults a Brahmen with intention to hurt him, 
 
 * fliall be whirled about for a century in the hell 
 
 * named Tdmijra ; 
 
 166. * jB«^i having fmkten him in anger, and 
 
AND PRIVATE MORALS. 229 
 
 * by defign, even with a blade of grafs, he fliall 
 
 * be born, in one and twenty tranfiaigrations, 
 
 * frohi fhe wombs of impure quadrupeds. 
 
 167. ' He, who, through ignorance of the 
 
 * law, (heds blood from the body of a Brdbmen, 
 ' not engaged in battle, fhall feel exceffive pain 
 
 * in his future life : 
 
 168. * As many particles of duft as the blood 
 
 * fhall roll up from the ground, for fo many years 
 
 * fhall the fhedder of that blood be mangled by 
 
 * other animals in his next birth. 
 
 169. * I^t not him then, who knows this law, 
 
 * even alTault a Brahmen at any time, nor llrike 
 
 * him even with grafs, nor caufe blood to gufh 
 
 * from his body. 
 
 170. * Even here below an unjufl man attains 
 
 * no felicity i nor he, whofe wealth pi'oceeds from 
 
 * giving falfe evidence ; nor he, who conflantly 
 
 * takes delight in mifchief. 
 
 171. ' Though opprefTed by penury, in con- 
 ' feqiienceof his righteous dealings, let him never 
 ' give his mind to unrighteoufnefs ; for he may 
 
 * obferve the fpeedy overthrow of iniquitous and 
 
 * finful men. 
 
 172. * Iniquity, committed in this world, 
 
 * produces not fruit immediately, hut, like the 
 ' earth, in due feafon-, and, advancing by little 
 
 * and little, it eradicated the man, who committed 
 
 * it. 
 
230 ON ECONOMICKS ; 
 
 173. • Yes; iniquity, once committed, fails 
 
 * not of producing fruit to him, who wrought 
 
 * it; if not in his own perfon, yet in his fons; 
 
 * or, if not in his fons, yet in his grandfons : 
 
 174. ' He grows rich for a while through 
 
 * uririghteoufnefs; then he beholds good things; 
 
 * then it is, that he vanquifhes his foes ; but he 
 ' perifhes at length from his whole root up- 
 ' wards. 
 
 175. 'Let a man continually take pleafure 
 
 * in truth, in jullice, in laudable practices, and ia 
 
 * purity; let, him chaftife thofe, whdssn he may 
 
 * chaftife, in a legal mode ; let him keep in fub- 
 
 * jedion his fpeech, his arm, and his appetite: 
 
 176. ' Wealth and pleafures, repugnant to 
 
 * law, let him fhun; and even lawful ads, which 
 
 * may caufe future pain, or be offenfive to man- 
 
 * kind. 
 
 1 77. ' Let him not have nimble hands, rcll- 
 
 * lefs feet, or voluble eyes ; let him not be crooked 
 
 * in his .ways; let him not be flippant in his 
 
 * fpeech, nor intelligent in doing mifchief. 
 
 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 confecrated 
 ' fire, a performer of holy rites, and a teacher of 
 f the Feda, with his maternal uncle, with his 
 
AND PRIVATE MORALS. 231 
 
 * gueft or a dependant, with a child, with a 
 
 * man either aged or fick, with a phyfician, 
 
 * with his paternal kindred, with his relations by 
 ' marriage, and with coulins on the fide of his 
 
 * mother, 
 
 1 80. * With his mother herfelf, or with his 
 ' father, with his kinfwomen, with his brother, 
 
 * with his fon, his wife, or his daughter, and 
 
 * with his whole fet of fervants, let him have no 
 
 * ftrife. 
 
 181. * A houfe-keeper, who fhuns altercation 
 
 * with thoff juji mentioned, is releafed from all 
 ■ fecret faults ; and, by fuppreiBng all fuch dif- 
 
 * putes, he obtains a vidory over the following 
 
 * worlds: 
 
 182. ' The teacher of the Feda fecures him 
 ' the world of Br ah ma' j his father, thb world 
 
 * of the Sun, or of the Prdjapetis; his gueft, the 
 
 * world of IndrA; his attendance on holy fire, 
 
 * the world of Devas; 
 
 183. ^ His female relations, the world of ce- 
 
 < leftial nymphs; his maternal coufins, the world 
 
 * of the Vifvadevas ; his relations by aiRnity, the 
 ' world of waters; his mother and maternal 
 
 < uncle ^ve him power on earth ; 
 
 1 84. ' Children, old men, poor dependants,' 
 
 * and fick perfons, muft be confidered as rulers 
 ' of the pure ether ; his eldtr brother, as equal 
 
232 ON ECONOMICKS ; 
 
 * to his father; his wife and fon, as his own 
 
 * body; 
 
 185. * His afTemblage of fervants, as his own 
 
 * fhadow ; his daughter, as the higheft objedt of 
 ' tendernefs : let him, therefore, when offended 
 ' by any of thofe, bear the offence without in- 
 
 * dignation. 
 
 186. ' Though permitted to receive prefents, 
 ' let him avoid a habit of taking them j fmce, 
 
 * by taking many gifts, his divine light foon 
 ' fades. 
 
 187. * Let no man of fenfe, who has not fully" 
 ' iriformed himfelf of the law concerning gifts of 
 
 * particular things, accept a prefent, even though 
 ' he pine with hunger. 
 
 188. ' The man, who knows not that law, 
 
 * yet accepts gold or gems, land, a horfe, a 
 
 * cow, food, raiment, oils or clarified butter, 
 
 * becomes mere afhes, like wood confumed by 
 
 * fire : 
 
 189. ' Gold and gems burn up his tiourifli- 
 
 * ment and life; land and a cow, his body; a 
 
 * horfe, his eyes; raiment, his fkin ; clarified 
 ' butter, his manly ftrength ; oils, his progeny; ' 
 
 190^ ' A twice-born man, void of true devo- 
 
 * tion, and not having read the Veda^ yet eager 
 « to take a giftj fmks down together with it, as 
 ' Avith a boat of ftone in deep water. 
 
AND PRIVATE MORALS. 23S 
 
 V 
 
 191. * Let him then, who knows not the 
 
 * law, be fearful of pxefents from this or that 
 ' giver ; fince an ignorant man, even by a fmalJ 
 
 * gift, ffiay become helplefs as a cow in a bog. " 
 
 192. * Let no man, apprized of this law, pre- 
 
 * fent even water to a prieft, who a£hs like a cati 
 
 * not to him, who afts like a bittern, nor to him, 
 
 * who is unlearned in the Feda; 
 
 193. ' Since property, though legally gained, 
 
 * if it be given to either of thofe three, becomes 
 
 * prejudicial in the next world both to the giver 
 ' and receiver: 
 
 194. ' As he, who tries to pafs over deep 
 
 * water in a boat of ftone, finks to the bottom, 
 
 * fo thofe two ignorant men, the receiver and the 
 ' giver, fink to a region of torment. 
 
 195. * A covetous wretch, who continually 
 
 * difplays the flag of virtue, a pretender, a de- 
 
 * luder of the people, is declared to be the man,. 
 
 * who ad;s like a cat : he is an injurious hypo- 
 
 * crite, a detraftor from the merits of all men. 
 
 196. * A twice-born man, with his eyes de- 
 
 * je6ted, morofe, intent on his own advantage, 
 
 * fly, and falfely demure, is he, who £i6ts like a 
 
 * bittern. 
 
 197. '.Such priefts, as live like bittefns, and 
 
 * fuch as demean themfelves like cats, fall by 
 
 * that finful condud into the bell called Jnd- 
 
 * hatamifra. ' 
 
23* ON ECONOMICKS ; 
 
 198. ' Let no man, haviBg committed fm, 
 
 * perform a penance, under the pretext pf auftere 
 
 * devotion, difguifmg his crime under fiflitiops 
 
 * religion and deceiving both women and low men: 
 
 199, ' Such impoftors, though Bxahmens, are 
 
 * defpifed, in the next life and in this, by all who 
 
 * pronounce holy texts ; and every religious Jift 
 
 * fraudulently performed goes to. evil beings^ 
 
 3QO. / He, who has no right to diftinguiihing 
 
 * marks, yet gains a fubfiftence by wearipg f^^fe 
 ' marks of diftindtion, takes to himfelf the fm 
 
 * committed by thofe who are entitled to fuch 
 
 * marks, and Ihall again be borr^ from the "wombji 
 
 * of a brute animal,, 
 
 20 r. * Never let him bathe in the pool of , 
 
 * another man; for he, who bathes in it without 
 
 * licence, takes to himfelf a fmall portion of the 
 
 * fms, which tlje maker of the pool has committed. 
 
 202. ' He, who appropriates to his own ufe 
 
 * the carriage, the bed, the feat, the well, the gar- 
 
 * den, or the houfe of another man, who has not 
 
 * delivered them to him, affumes a fourth part 
 
 * of the guilt of their owner. 
 
 203. ' In rivers, in ponds dug by holy per- 
 
 * fons, and in lakes, let him always bathe ; in 
 
 * rivulets aJfo, and in torrents. 
 
 204. 'A WISE man fhould conftantly dif- 
 
 * charge all the moral duties, though he perform 
 
 * not conftantly the ceremonies of religion; fince 
 
AND PRIVATE MORALS. 235 
 
 * he falls low, if, while he performs ceremonial 
 
 * ads only, he difcharge not his moral duties, 
 
 205. ' Never let a prieft eat part of a facri- 
 ^ fice not begun with texts of the Veda, nor of 
 ' one performed by a common faerificer, by a 
 
 * woman, or by an eunvfch : 
 
 206. ' When thofe perfons offer the clarified 
 
 * butter, it brings misfortune to good men, and 
 
 * raifes averfion in the deities; fuch oblations, 
 
 * therefore, he muft carefully fliun. 
 
 207. * Let him never eat the food of the In-r 
 
 * fane, the wrathful, or the fick -, nor that, on 
 
 * which lice have fallen ; nor that, which has 
 
 * defignedly been touched by a foot ; 
 
 208. ' Nor that, which has been looked at 
 
 * by the flayer of a prieft, or by any other deadly 
 *Jinner, or has even been touched by a woman 
 
 * in her courfes, or pecked by a bird, or ap- 
 
 * proached by a dog; 
 
 209. * Nor food which has been fmelled by a 
 f cow; nor particularly that, which has been 
 f proclaimed /or all comers; nor the food of af- 
 
 * fociated knaves, or of harlots ; nor that, which 
 f is contemned by the learned in fcripture ; 
 
 210. ' Nor that of a thief or a public finger, 
 f of a carpenter, of an ufurer, of-one-who has 
 ' recently come from a facrifice, of a niggardly 
 f churl, or of one bound with fetters ; 
 
 211. 'Of one publickly defamed, of an eu- 
 
236' ON ECONOMICKS J - 
 
 * nuch, of an unchafte woman, or of a hypocrrtej 
 
 * nor any fweet thing turned acid, nor what has 
 ' been kept a whole night j nor the food of a fer- 
 
 * vile man, nor the orts of another ; 
 
 212. ' Nor the food of a phyfician, or of a 
 ' hunter, or of a difhoneft man, or of an eater of 
 
 * orts; nor that of any cruel perfon; nor of a 
 
 * woman in childbed ; nor of him, who rifes 
 
 * prematurely from table to make an ablution; 
 
 * nor of her, whofe ten days of purification have 
 
 * KOt elapfed; 
 
 213. ' Nor that, which is given without due 
 ' honour to honourable men; nor any flefh, 
 
 * which has not been facrificed ; nor the food of 
 
 * a woman, who has neither a huiband nor a fon j 
 
 * nor that of a foe, nor that of the whole town, 
 
 * nor that of an outcaft, nor that on which any 
 
 * perfon has fneezed ; 
 
 314. ' Nor that of a backbiter, or of afalfe 
 
 * witnefs ; nor of one, who ftlls the reward of 
 
 * his facrifice; nor of a publick dancer, or a 
 
 * tailor ; nor of him, who has returned evil for 
 
 * good ; , 
 
 215. ' Nor that of a Wackfmith, or a man of 
 ' the tribe called Ni/hdday nor of a ftagepkyer, 
 
 * nor of a worker in gold or in cane, nor of him 
 
 * who fells weapons ; 
 
 216.' Nor of thofe, who train hunting dogs, 
 
 * or fell fermented liquor ; nor of him who 
 
AND PRIVATE MORALS. 237 
 
 * waflies clothes, or who dyes them ; nor of any 
 
 * malevolent perfon; norof one, who ignorantl|^ 
 
 * fuffers an adulterer to dwell under his roof j 
 
 217.. ' Nor of thofe, who knowingly bear with 
 
 * the paramours of their own wives, or are ooii- 
 ' ilantly in fubjefhion to women ; nor food givea 
 
 * for the dead before ten days of purification 
 ' have paffed ; nor aiiy food whatever, but that 
 
 * which fatisfies him. 
 
 218. * Food given by a king, impairs his 
 
 * manly vigour ; by one ' of the fervile clafs, his 
 
 * divine light; by goldfmiths, his life 5 by 
 
 * leathercutters, his good name: 
 
 219. ' Given by cooks and the like mea.n ar- 
 *" tifains, it deftroys his offspring ; by a waiher- 
 
 * man, his mufcular ftrength; but the food of 
 ' knavifli affociates and harlots excludes him 
 
 * from heaven : 
 
 220. * The food of a phylician is purulent; 
 
 * that of a libidinous woman, feminal ; that of an 
 
 * ufurer, feculent; that of a weaponfeller, filthy 1 
 
 221. ' That of all others, mentioned in order, 
 
 * whofe food muft nevei: be tailed, is held equal 
 
 * by the wife to the ikin, bones, ahd hair of the 
 
 * dead. 
 
 222. * Having unknowingly fwallov^d the 
 
 * food of any fuch perfons, he muft faft during 
 
 * three days ; but, having eaten it knowingly, he 
 
 * inuft perform the fame harfti penance, as if he 
 
238 ON ECOMOMICKS j, 
 
 * had tailed atiy feminal impurity, erdure, Of 
 ' urine. 
 
 2.23. ' Let no learned prieft eat the drefled 
 ' grain of a fervile manj who performs no pa- 
 ' rental obfequies ; but, having no other means 
 
 * to live, he may take from him raw grain enough 
 
 * fot a fingle night. 
 
 224. ' The deities, having well confidered the 
 ' food of a niggard, who has read the fcripture, 
 ' and that of an ufurer, who beftows gifts libe- 
 
 * rally, declared the food of both to be equal in 
 
 * quality ; 
 
 225. ' But Brahma, advancing toward the 
 ' gods, thus addrefled them : " Make not that 
 •* equal, which in^ truth is unequal ; fince the 
 *' food of a liberal man is purified by faith, while 
 *' that of a learned mifer is defiled by his want of 
 *' faith in what he has read." 
 
 226. ' Let each wealthy man continually and 
 
 * feduloufly perform facred rites, and confecrate 
 
 * pools or gardens with faith ; fince thofe two 
 ' a<3;s, aceOrapliihed with faith and with riches 
 
 * honeftly gained, procure an unperiftiable re- 
 
 * ward. 
 
 227.^ ' If he meet with fit objecfbs of benevo- 
 ' lence, let him conftantly beftow gifts on themj 
 ' both at facrifices and confecrations, to the beft 
 
 * of his power and with a chearful heart ; 
 
 228. ' Such a gift, how fmall foever, be- 
 
AND PRIVATE MORALS. 239 
 
 * ftdwed on requeft without grudging, pafles to 
 ' a^ worthy objed;, who will fecure the giver froni 
 
 * all evil. 
 
 ^29. 'A giver of water' obtains content j d 
 
 * glvei* of food, extreme blifs; a giver of ii/tf, 
 
 * defired ofispring; a giver of a lamp, unble- 
 
 * mifhed eyefight ; 
 
 230. * A giver of land obtains landed pro-- 
 
 * iperty ; a giver of gems or gold, long life ; a 
 
 * giver of a houfe, the moft exalted manfion"; a 
 
 * giver of filver, exquifite beauty ; 
 
 231. * A giver of clothes, the fame ftation 
 
 * with Chandra; a giver of a horfe, the fame 
 
 * ftation with Aswi ; a ' giver of a bull, emi- 
 
 * nent fortune ; a giver of a cow, the manfion of 
 ' SuRYA ; 
 
 232.- * A giver of a carriage or a bed, an ex- 
 
 * cellent cdnfort ; a giver of fafety, fupreme <do- 
 ' minion; a giver of grain, perpetual delight; a 
 
 * giver of fcriptural knowledge, union with God: 
 
 233. * Among all thofe gifts, of water, food, 
 ' kine, land, clothes, tila, gold, clarified butter, 
 
 * and the reft, a gift of fpiritual knowledge is 
 
 * confequently the moft important ; 
 
 234. ' And for whatever purpofe a man beftows . 
 ' any gift, for a fimilar purpofe he fhall r^eive, 
 
 * with due honour, a fimilar reward. 
 
 235. * Both he, who refpedlfully beftows a 
 ' prefent, and he who refpedfulfy accepts k, 
 
240 ON ECONOMICKS; 
 
 * fliall go' to a feat of blifs ; but, if they ad 
 
 * otherwife, to a region of horror. 
 
 ^^6, 'Let not a man be proud of his rigor- 
 
 * ous devotion; let him not, having facrificed, 
 
 * utter a falfehood ; let him not, though injured, 
 
 * infult a prieft ; having made a donation, let him 
 ' never proclaim it : > 
 
 237. ' By falfehood, the facrifice becomes 
 
 * vain; by pride, the merit of devotion is loft; 
 '' by infulting priefts, life is diminifhed ; and by 
 
 * proclaiming a largefs, its fruit is deftroyed. 
 
 238. ' Giving no pain to any creature, let 
 ' him colled virtue by degrees, for th€ fake 
 
 * of acquiring a companion to the next world, a-s 
 
 * the white ant by degrees builds his neft ; 
 
 239. ' For, in his paflage to the next world, 
 
 * neither his father, nor his mother, nor his wife, 
 
 * nor -his fon, nor his kinfmen, will remain in his 
 
 * company : his virtue alone will adher-e to him. 
 
 240. * Single is each rtian borri ; fmgle be 
 
 * dies ; fmgle he receives the reward of his 
 
 * good, and fingle the punifhment of his evil, 
 
 * deeds: 
 
 241. ' When he leaves his corfe, like a logoi' 
 i * a lump of clay, on the ground, his kindred re- 
 
 * tire with averted faces; but his virtue accomr 
 
 * panies his foul, 
 
 242. ' Continually, therefore, by degrees let. 
 . * him colled virtue, for the fake ©f fecuring a«n 
 
AND PRIVATE MORALS. 2n 
 
 * infeparable companion ; fmce with virtue for 
 
 * his guide, he will traverfe a gloom> how hard 
 ' to be traverfed ! 
 
 243. ' A man, habitually virtuous, whofe df- 
 ' fences have been expiated by devotion, is in- 
 ' ftantly conveyed after death to the higher 
 ' world, with a radiant form and a body of ethe- 
 ' real fubftance. ' 
 
 244. * He, who feeks to preferve an exalted ' 
 ' rank, muft conftantly form connexions with 
 
 ' the higheft and beft families, but avoid the 
 ' worft and the meaneft ; 
 
 245. ' Since a prieft, who conneds himfelf 
 
 * with the beft and higheft of men, avoiding the 
 ' loweft and worft, attains eminence; but fmks, 
 
 * by an oppofite conduS, to the clafs of the fer- 
 
 * vile. 
 
 246. ' He, who perfeveres in good adlions, 
 
 * in fubduing his paffions, in beftowing largeffes, . 
 
 * in gentlenefs of manners, who bears hardihips 
 ' patiently, who aflbciates not with the malig- 
 
 * nant, who gives pain to no fentient being, ob- 
 ' tains final beatitude. 
 
 247. ' Wood, water, roots, fruit, and food 
 ' placed before him without his reqUeft, he may 
 ' accept from all men ; honey alfo, and protec- 
 ' tion from danger. 
 
 24-^. ' Gold, or other alms, voluntarily 
 
 * brought and prefented, but unaiked /nd un- 
 
 VOL. V. R 
 
S42 ON ECONOMICKS; 
 
 * promifed, Brahma' confidered as receivable 
 
 * even from a finner : 
 
 249. ' Of him, who fhall difdain to accept 
 ' fuch alms, neither will the manes eat the fune- 
 
 * ral oblations !for fifteen years, nor will the fire 
 ' convey the burnt facrifice to the gods. 
 
 250. ' A bed, houfes, blades of cus'ay per- 
 
 * fumes, water, flowers, jewels, buttermilk, 
 ' ground rice, fifh, new milk, flefli-meat, and 
 ' green vegetables, let him not proudly reje£t. 
 
 251. ' When he wifhes to relieve his natural 
 ' parents or fpiritual father, his wife or others, 
 ' whom he is bound to maintain, or when he is 
 ' preparing to honour deities or guefts, he may 
 
 * receive gifts from any perfon, but muft not 
 
 * gratify himfelf with fuch prefents : 
 
 252. ' If his parents, however, be dead, or if 
 
 * he live without them in his own houfe, let 
 ' him, when he feeks nourifhment for himfelf, 
 
 * receive prefents invariably from good mea 
 
 * alone. 
 
 2S2,- 'A labourer in tillage, a family friend, 
 ' a herdfman, a Have, a barber, a poor ftranger 
 
 * offering his humble duty, are men of the fer- 
 ' vile clafs, who may eat the food of their fupe- 
 
 * riors : 
 
 254. ' As the nature of the poor ftranger isv ' 
 
 * ASthe work is, which he defires to perform, 
 
 * and as he may fliow moll refped to the majier 
 
AND iPRIVATE MORALS. !243 
 
 < &/ the houfei even thus let him difer his fer- 
 ' vice J 
 
 235. * For he, who defcribes himfelf to 
 
 * worthy men in a manner contrary to truth, 
 
 * is the mdft finful wretch in this world : he 
 
 * is the worft of thieves, a ftealer of minds. 
 
 256. ' All things have their fenfe afcer- 
 
 * tained by fpeech ; in fpeech they have their 
 'balls; and from fpeech they proceed: con- 
 ' fe^uently, a falfifier of fpeech fallifies every 
 
 * thing. 
 
 257. ' When he has paid, as the law direds, 
 
 * his debts to the fages, to the manes, and to the 
 ' godsy by reading the Jcripture, begetting a foitt 
 
 * and performing regular facrijices, he may refign 
 ' all to his fon of mature age, and refide in his 
 
 * family houfe, with no employment, but that of 
 ' an umpire. 
 
 258. ' Alone, In fome folitary place, let him 
 
 * conftantly meditate on the divine nature of the 
 
 * foul, for by fuch meditation he will attain hap- 
 
 * pineis^ ' 
 
 259. 'Th us has been declared the mode, by 
 
 * which a Brahmen, who keeps houfe, -mult con- 
 
 * tinually fubfift, together with the rule of de- 
 
 * votion ordained for a pupil returned from his 
 
 * preceptor ; a laudable rule, which ilicreafes the 
 
 * ^eft of tke three qualities. 
 
 R i 
 
2445 ON ECONOMICKS, &c. 
 
 260. ^ A prieft, who lives always by thefe 
 ' rules, who knows the ordinances of the VedUy 
 
 * who is freed from the bondage of fin, fhall be 
 
 * abforbed in the divine effence. 
 
CHAPTER THE FIFTH. 
 On Diet, Purification, and Women, 
 
 1. * IHE fages, having heard thofe laws 
 
 * delivered for the condud: of houfekeepers, thus 
 
 * addrefled the highminded Bhrigu, who pro- 
 
 * ceeded in a former birth from the genius of 
 
 * fire. 
 
 2. ' How, Lordj can death prevail over Brdb- 
 
 * mens, who know the fcriptural ordinances, 
 
 * and perform their duties, as they have been de- 
 
 * dared?' 
 
 3. * Then he, whofe difpofition was perfeft 
 *; virtue, even Bhrigu, the fon of Menu, thus 
 *- anfwered the great Rtjhis: 'SHear, from what 
 ' fin proceeds the inclination of death, to deftroy 
 
 * the chief of the twice-born : 
 
 4. ' Through a negled: of reading the Veda, 
 ' through a defertion of approved ufages, through 
 ' fupine remiflhefs in performing holy rites, and 
 '. through various offences in diet, the genius of 
 
 * de&th becomes eager to deftroy them. 
 
 5. ' Garlick, onions, leeks, and mufhrooms 
 
246 ON DIET, PURIFICATION, 
 
 ' (which no twice- born man muft pat), and till 
 
 * vegetables raifed in dung, 
 
 6. ' Red gums or refins, exuding from treesj, 
 
 * and juices from wounded ftems, the fruit y^/w, 
 
 * and the thickened milk of a cow within ten 
 
 * days ^fter her calving, a prieft muft avoid with 
 
 * great care. 
 
 7. ' Ricepudding boiled with tila, frumenty, 
 
 * ricemilk, and baked bread, which have not 
 
 * been firft offered to fome deity, flefhmeat alfo, 
 
 * the food of gods, and clar-ified butter, which 
 ' have not firft been touched, while holy texts 
 
 * were recited, 
 
 8. ' Frefli milk from a cow, whofe ten day$ 
 
 * are not pafled, the milk of a camel, or any qua- 
 
 * druped with a hoof not cloven, that of an ewe, 
 
 * and that of a cow in heat, or whoffc calf is dead 
 
 * or abfent from her, 
 
 9. ■ That of any foreft beaft, except the buf- 
 
 * falo, the milk of a woman, and any thing na- 
 
 * turally fweet but acidulatedy muft all be care- 
 
 * fully fhunned : 
 
 10. ' But among fuch acids, buttermilk may 
 ' be fwallowed, and every preparation of butter- 
 ■ nailk, and all acids extraded from pure flowers, 
 
 * roots, or fruit not cut with iron. 
 
 II.' Let every twice-born man avoid carni- 
 
 * vorous birds", and fuch as live in towns, and 
 f q\jadfupeda with uticloven hoofs, except thqfe 
 
AND WOMEN. 247 
 
 * allowed by the Feda, and the bird called tiU 
 ' tibha; 
 
 , r2. ' The fparrow, the water bird plava, the 
 
 * phenicopteros, the chacravdca, the breed of the 
 
 * towncock, the fdrafa, the rajjuvdla, the wood- 
 
 * pecker, and the parrot, male and female ; 
 
 1 3. * Birds, that ftrike with their beaks, web- 
 
 * footed birds, the coyajhti, thofe, who wound 
 
 * with ftrong talons, and thofe, who dive to de- 
 
 * vour fifh : let him avoid meat kept at a flaughticr 
 
 * houfe, and dried meat, 
 
 14. * The heron, the raven, the c'hanjana^ all 
 
 * amphibious fifheaters, tame hogs, and filh of 
 
 * every fort, but thofe exprefsly permitted. 
 
 15. ' He, who eats the flefh of any animal, is 
 
 * called the eater of that animal itfelf ; and a fifh- 
 
 * eater is an eater of all flefh ; from fifh, there- 
 
 * fore, he mufl diligently abflain: 
 
 16. * Yet the two fifh, called pdt'hina and 
 
 * rohita, may be eat^n by the guejis, when offered 
 
 * at a repaft in honour of the gods or the manes; 
 ' and fo may the raj ha, the Jinhatunda, and the 
 ^ Jets' alca of every fpecies. 
 
 1 7. ' Let him not eat the flefh of any folitary 
 ^ animals, norof unknown beafls or birds, thougfi 
 
 * by general words declared eatable, nor of any 
 ' creature with five claws ; 
 
 1 8. • The hedgehog and porcupine, the lizard 
 
 * gddhd, the gandaca^ the tortoife, aiid the rabbit 
 
us ON DIET, PURIFICATION, 
 
 ^ or hare, wife legiflators declai-e lawful food 
 ' among fiyetoed animals ; and all quadrupeds, 
 'camels e^ccepted, which have but one row of 
 ' teeth. 
 
 19. ' The twiceborn man, who has inten- 
 
 * tionally eaten a mufhroom, the flefh of a tame , 
 
 * hog, or a town cock, a leek, or an onion, or 
 ' garlick, is degraded immediately; 
 
 20. * But having undefignedly tailed either of 
 
 * thofe fix things, he riiuft perfnwn the penance 
 
 * fdntapana, or the chdndrdyana, which anchorets 
 
 * pradife : for other things he muft fall a whole 
 
 * day. 
 
 21. ' One of thofe harlh penances, called prd^ 
 ^jdpatya, the twice-born man muft perform an- 
 ' nually, to purify him from the unknown taint 
 
 * ofillicit food ; >but he muft do particular penance 
 
 * for fuch food intentionally eaten. 
 
 22. '- Beasts and birds of excellent forts may 
 
 * be llain by Brdhmens for facrifice, or iox the 
 
 * fuftenance of thofe, whom they are bound to 
 ' fupport ; fmce Ag astya did this of old. 
 
 23. ' No doubt, in the primeval facrifices by 
 
 * holy men, and' in oblations by thofe of the 
 
 * prieftly and military tribes, the fleih pf fuch 
 ' beafts and birds, as may be legally eaten, was 
 ' prefented to the deities. 
 
 24. ' That, which may be eaten or dru,nk, 
 ! whejifrejb, without blame, may be fwallowedj 
 
AND WOMEN. 24® 
 
 * if touched with oil, though it has been kept a 
 ' whole night; and fo may the remains of cla- 
 
 * rifled butter : 
 
 ?.^. ' And every mefs prepared with barley or 
 ^ wheat, or with drefled milk, may be eaten by 
 
 * the twiceborn, although not fprinkled with 
 ' oil. 
 
 26. ' Thus has the food, allowed or forbidden 
 'f to a twiceborn. man, been comprehenfiyely 
 ' mentioned : I ^?vill now propound the fpecial 
 'rules for eating and for avoiding flefh meat. 
 
 27. ' He Ihould tafte meat, which has been 
 ^ hallowed for a facrifice with appropriated texts, 
 f and, <mce only, when a priefl: fhall defire him, 
 ' and when he is performing a legal a<3:, or in 
 *■ danger of lofing life. 
 
 28. ' For the fuftenance of the vital ipirit, 
 
 * Brahma' created all this animal and vegetable 
 
 '' Jyfi^'^'^ ^^^ ^^f *^^^ ^^ moveable or immoveable, 
 
 * that fpirit devours. 
 
 29. ' Things -fixed are eaten by creatures with 
 ' locomotion; toothlefs animals, by animals with 
 
 * teeth; thofe without hands, by thofe to whom 
 ' hands were giveti; and the timid, by the bold. 
 
 30. ' He, who eats according to law, commits 
 ' no fin, even though every day he tafte the flefh 
 
 * of fuch animals, as may lawfully be tufted ; 
 f fmce both animals, who maybe eaten, and 
 
250 ON DIET, PURIFICATION, 
 
 * thofe, who eat them, were equally created by 
 
 * Brahma'. ^ 
 
 31. ' It is delivered as a rule of the gods, that. 
 
 * meat muft be fwallowed only for the purpofe 
 
 * of facrifice ; but it is a rule of gigautick de- 
 
 * mons, that it may be fwallowed for any other 
 ' purpofe. / 
 
 32. ' No fin is committed by him, who, hav- 
 
 * ing honoured the deities and*'thc manes, eats 
 
 * flefhmeat, which he has bought, or which he 
 ' has himfelf acquired, or which has been given 
 
 * him by another: 
 
 ^^. ' Let no twiceborn man, who knows the 
 ' law, and is not in urgent diftrefs, eat fleflt 
 
 * without obferving this rule ; for he, unable to 
 '.fave himfelf, will be devoured in the next 
 ' world by thofe animals, whofe flefh he has thus 
 ^ illegally fwallowed. 
 
 34. * The fin of him, who kills deer for gain, 
 
 * is not fo heinous, with refped; to the punijhs 
 
 * ment in another life, as that of him, who eatSu 
 ' fleflimeat in vain, or not previonjly offered as a 
 '•facrijice: 
 
 35. ' But the man, who, engaged in holy rites. 
 
 * according to law, refufes to eat it, fhall fink in 
 
 * another world, for twenty-one births, to the, 
 ' ftate of a beaft. 
 
 36. ' Never let a prieil eat the flelh-of cattle 
 
AND WOMEN. 251 
 
 ' unhallowed with mantras^ but let him eat it, 
 
 * obferving the primeval rgle, when it has beea 
 ' hallowed, with thofe texts of the F^'da. 
 
 37. ' Should he have an eariieft deiire to tafte 
 ^ flefh meat, he may gratify his fancy by form- 
 
 * ing the image of fome beaft with clarified but- 
 ' ter thickened, or he may form it with dough; 
 
 * but never let him indulge a wifh to kill any 
 
 * beaft in vain : 
 
 38. * As many hairs^as grow on the beaft, fo 
 ^ many fimilar deaths fhall the flayer of it, for 
 ^ his own fatisfaftioii in this world, endure in the 
 f next from birth to births, 
 
 39. ' By the felfexifting in perfon were beafts 
 'created for facrifice; and the facrifice was or- 
 ^ dained for the increafe of this univerfe:/the 
 ' flaughterer, therefore, of beafts for facrifice is 
 ^ in truth no flaughterer, 
 
 40. ' Gramineous plants, cattle, timbertrees, 
 
 * amphibious animals, and birds,, which have been . 
 
 * deftroyed for the purpofe of facrifice, attain in 
 f the next world exalted births. 
 
 4.1. ' On a folemn offering to a gueft» at a 
 ' facrifice, and in holy rites to the manes or tq., 
 
 * the gods, but on thofe occafions only, may 
 
 * eattlebe flain: this law Menu enafhed. 
 
 42, ' The twiceborn man, who, knowing tbe 
 
 * meaning and principles of the Veda, flays cattle 
 
 * on the occafions mentioned, conveys both hin:- 
 f felf and thofe cattle to the fummitqf beatitude. 
 
252 ON DIET, PURIFICATION, 
 
 43. 'Let no twiceborn man, -whofe miridis 
 
 * improved by learning, hurt animals without the 
 
 * fanftion of fcrlpture, even though in preffing 
 
 * diftrefs, whether he live in his own houfe, 
 *■ or in that' of his preceptor, or in a foreft. 
 
 44. * That hurt, which the fcripture ordains, 
 
 * and which is done in this world of moveable, 
 
 * and immoveable creatures, he muft confider as 
 
 * no hurt at all] fmce law fhone fortkfrom t^c 
 
 * light of the fcripture. 
 
 45. * He, who injures animals, that are not 
 
 * injurious, from a wifli to give himfelf pleafure^ 
 
 * adds nothing to his own happinefs, living or 
 ■^ Jead J 
 
 46. ' While he, who gives no creature wil- 
 
 * lingly the pain of confinement or death, but 
 
 * feeks the good of all Jentient beings^ enjoys blifs 
 
 * without end. 
 
 47. ' He, who injures no animated creature^, 
 
 * fhall attain without hardlhip whatever he 
 
 * thinks of, whatever he flrives for, whatever he 
 
 * fixes his mind on. 
 
 48. ' Flefhmeat cannot be procured without 
 
 * injury to animals, and the flaughter of animals 
 ' obftrudis the path to beatitude; from flefh- 
 
 * meat, therefore, let man abftain : 
 
 49. ' Attentively eonfidering the formation of 
 ' bodies, and the death or confinement of em- 
 ' bodied fpirits, let him abftain from eating fleftx- 
 
 * meat of any kind. _, 
 
( 
 
 AND WOMEN. 253 
 
 50. ' The man, who forfakes not the law, 
 
 * and eats not fiefhmeat, Uke a bloodthu-fly de- 
 
 * mon, fhall attain good will in this world, and 
 ' fhall not be afflidted with maladies. 
 
 51. ' He, who confents to the death of an 
 ' animal; he, who kills it ; he, who diired:s it; 
 
 * he, who buys it ; he, who fells it ; he, who 
 drefles it ; he, who ferves it up ; and he, who 
 
 * mak^is it his food ; thefe are eight principals ia 
 
 * the flaughter. 
 
 52. ' Not a mortal exifts more fmful than he, 
 
 * who, without an oblation to the manes or the 
 ' gods, defires to enlarge his own flefh with the 
 
 * flelh of another creature. 
 
 53- ' The man, who performs annually, for a 
 
 * hundred years, an ajwamedha, or facrijice of a 
 *^.horfey and the man, who abftains from flefli- 
 
 * meat, enjoy for their virtue an equal reward. 
 
 54. * By fubfifting on pure fruit and on roots, 
 
 * and by eating fuch grains as are eaten by her- 
 
 * mits, a man reaps not fo high a reward, as by 
 
 * carefully abftaining from animal food. 
 
 ^^. " Me he (man fa) v/ill devour in the next 
 " world, whofe flefh I eat in this life:" thusjhould 
 '■ a fiejheater '/peak, and thus the learned pro - 
 
 * nounce the true derivation of the word manfa, 
 ' or flefh. 
 
 $6. ' In lawfully tailing meat, in drinking fer* 
 
f3* ON DIET, PURIFICATION, 
 
 * ffletitedi liquor, Ift careffing women, there is nd'" 
 
 * turpitude; for to fuch enioyments mere are na- 
 
 * turally prone : but a virtuous abftinence from 
 
 * them produces a fignal compenfation. 
 
 57. * Now will I promulgate the rules of pu- 
 
 * rifieatidn for the deiid, and the modes of-puri- 
 
 * fying inanimate things, as the law prelcribes 
 
 * them for the four claffes in due order.- 
 
 58. ' When a child has teethed, and whetij 
 
 * after teething, his head has been fliorn, and 
 
 * when he has been girt with his thTead, Jind 
 
 * when, being full grown, he dies, all his kindred" 
 ' are impure : on the birth of a child the law is 
 
 * the fame. 
 
 59. ' By a dead body, the fapindas are ren- 
 ' dered impure in law for ten days, or until 
 
 * the fourth day, zvhen the bones have- beett 
 
 * gathered up, or for three days, ot for one day 
 'only, according to the qualities of the' de^. 
 
 * ceafed: 
 
 60. ' Now the relation of the fapindas, of 
 
 * men connedledby the funeral cake,ceafes with 
 
 * the feventh peffon, or in thefixth degree of af- 
 ' Cent or defcent, and that of Jamdnddacas, or 
 
 * thofe conneded by an equal oblation of water, 
 
 * ends only, when their births and family names 
 ' afe no longer known. 
 
 61. 'As this impurity, by reafon of a dead 
 
Missing Page 
 
256 ON DIET, PURIFICATION, 
 
 ' obtained in one night ; but for thofe, on wbonj 
 < * that ceremony has been performedj a purifica- 
 
 * tion of three nights is required. 
 
 68. 'A- dead child under the age of two 
 ' years, let his kinfmen carry out having decked 
 ' him with flowers, and bury him ii\ pure ground, 
 
 * without colleding his bones at a future time; , 
 
 69. ' Let no ceremony with fire be performed- 
 ' for him, nor that of fprinkling water; but his 
 
 * kindred, having left him like a piece of wood 
 ' in the foreft, fhall be unclean for three days, 
 
 70. ' For a child under the age of three years, 
 ' the ceremony with water lliall not be perform- 
 ' ed by his kindred; but, if his teeth,, be com- 
 ' pletely grown, or a name have been given him, 
 
 * they may perform it, or not, at their option. 
 
 71. 'A fellow ftudent in theology being dead, 
 
 * three days of impurity are ordained ; and, on 
 ' the birth of a Jamdnodaca, purification is re- 
 
 ■' quired for three nights. 
 
 72. ' The relations of fe^'/ro/^ec? 6Mi unmarried. 
 
 * damfels, are in three days made pure; and, in 
 ' as many, are their paternal kinfmen purified 
 ' after their marriage: 
 
 73. ' Let thern. eat vegetable food without 
 
 * factitious, that is, only tvith native, fait; let 
 ' them bathe for three days at intervals; let 
 ' th.em tafte no flefhmeat ; and let them, fleep 
 ' apart on the ground. 
 
AND WOMEN. • 2Sl 
 
 74. * This rule, which ordains Impurity by 
 
 * reafon of the dead, relates to the cafe of one 
 
 * dying near hiskinfmen; but, in the cafe of one 
 
 * dying at a diftance, the following rule mull be 
 
 * observed by thofe, who fliare the fame cake, and 
 
 * by thofe, who fhare only the fame water: 
 
 75; * The man, who hears that a kinfman is 
 ' dead in a diftant country, becomes unclean, if 
 *~ten days after the death have not palfed, for 
 
 * the remainder of thofe ten days only; 
 
 .76. * But, if the ten days have elapfed, he is 
 
 * impure for three nights, and, if a year have 
 
 * expired, he is purified merely by touching 
 ' water. 
 
 77. ' If, after the lapfe of ten days, he know 
 
 * the death of a kinfman, or the birth of a male 
 
 * child, he muft purify himfelf by bathing to- 
 
 * gether with his clothes. 
 
 78. * Should a child, whofe teeth are not 
 ' grown, orfhould z. Jarmnodaca^ die in a diftant 
 
 * jegion, -the kinfman, 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 thofe ten days have elapfed. 
 
 80. * A fpiritual teacher being dead, the fag«s 
 
 * declare his pupil impure for three days ; but 
 *ipr a day and a night, if the fon or wife of 
 
 fOL. V. * 
 
Sis bN DIET, PURIFldATION, 
 
 * the teacher be deceafed : fuch is the facred or- 
 
 * dinance. 
 
 8 1. ' For a reader of the whole /^<?^a, who 
 ' dwells in the fame houfe, a man is undean three 
 
 * nights ; but for a maternal uncle, a pupil, an 
 
 * officiating prifeft, and a diftant kinfman, only 
 
 * one night winged with tzvo days. 
 
 82. ' On the death of a military king, m 
 ' whofe dominion he lives, his impurity lajls 
 
 * while the fun or the ftars give light; but it laJls 
 
 * a whole day, on the death of a prieft, who has 
 
 * not read the whole Veda, or of a fpiritual 
 
 * guide, who has read only part of it, with its 
 ' Angas. 
 
 83. ' A man of the facerdotal clafs become^ 
 ' pure in ten days; of the warlike, in twelve ; 6f 
 
 * the commercial, in five ; of the fervile, in a 
 
 * month. 
 
 84. ' Let no man prolong the days of impu- 
 
 * rity; let him not intermit the ceremonies to be 
 ' performed with holy fires ; while he perfornls 
 
 * thofe rites, even though he be zfapinda, he is 
 ' ndt impure. 
 
 85. ' He, who has touched a Chanddla, a wo- 
 
 * man in her courfes, an,outcaft for deadly fiii, 
 
 * a newborn child, a corpfe, or one who has 
 
 * touched a corpfe, is made pure by bathing. 
 
 86. ' If, having fprinkled his mouth with 
 
AND WOMEN". . , 2^9 
 
 ■ water, and been long intent on his devotion, he 
 
 * fee an unclean perfon, let him repeat, as well 
 ' as he is able, the folar texts of the Feda^ and 
 
 * thofe, which confer purity. . , 
 
 87. ' Should a Brahmen touch a human bone 
 ' moift with oil, he is purified by bathing; if it 
 ' be not oily, by ftroking a cow, or by looking 
 ' at the fun, having fprinkled his mouth duly 
 
 * with water. 
 
 88. ' Aftudent in theology fhall not perform 
 
 * the ceremony of pouring water at obfequies, 
 
 * until he have completed his courfe of religious 
 ' a£ls ; but if, after the completion of them, he 
 
 * thus make an offering of water, be becomes 
 ' pure in three nights.^ 
 
 89. * For thofe, who difcharge not their pre- 
 ' fcribed duties, for thofe, whofe fathers were of 
 
 * a lower clafs than their mothers, for thofe, who 
 
 * wear a drefs of religion unauthorized by the 
 
 * Veduy and for thofe, who illegally kill them- 
 ' felves, the ceremony of giving funeral water is 
 
 * forbidden by law; 
 
 . 90. ' And for women imitating fuch hercr 
 
 * ticks, as wear an unlawful ,drefs, arid .for fuch 
 
 * women as live at their own pleafure, or have 
 ' caufed an abortion, or have ftricken their huf-* 
 
 * bands, or have drunk any fpirituous liquor. 
 
 9 1 . * A ftudent violates not the rules of his 
 
 * order, by carrying out, when dead, his own 
 
 s 2 
 
260 . . ON DIET, PURIFICATION, 
 
 * inftruflor in the Fedas, who invefted him wlt6 
 
 * 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 
 
 * fouthern gate of the town; but the twiceborn, 
 
 * in due order, by the wellern, northern, ani 
 ' eaftern gates. 
 
 93. * No taint of impurity can light on kings 
 ' or ftudents in theology, ivhile employed in dif- 
 ' charging their feveral duties, nor oh thofe who 
 
 * have actually begun a facriiice ; for the firfl: are 
 ' then placed on the feat of Indra, and the others 
 ' arealwaysgqually pure with the celeftial fpirif. 
 
 94. ' To a king, on the throne of magnani- 
 
 * mity, the law afcribes inftant purification, be- 
 
 * caufe his throne was raifed for the protedion 
 
 * of his people and the fupply of their nourifli- 
 
 * ment: 
 
 95. ' It is the fame with the kinfmen ofthofe^ 
 
 * who die in battle, after the king has been flain, 
 
 * or have been killed by lightning, or legally by 
 
 * the king himfelf, or in defence of a cow, or of a 
 
 * prieft ;' and with all thofe, whom the king :. 
 
 * wifhes to be pure. 
 
 96. ' The corporeal frame of a king is com- 
 ' pofed of particles from Soma, Agni, Sukya, 
 
 * Pavana, Indra, Cuve'ra, Varuna, and 
 
 * Yama, the eight guardian deities of the world: , 
 
AND WOMEN. 2S1 
 
 97. * By thofe guardians of men in fubftance 
 
 * is the king pervaded, and he cannot by law be 
 ' impure ; fince by thofe tutelar gods are the 
 
 * purity and impurity of mortals both caufed 
 
 * and removed. 
 
 98. ' By a foldier, difcharging the duties of 
 
 * his clafs, and flain in the field with brandifhed 
 ' weapons, the higheft facrifice is, in that in- 
 ' ftant, complete; and fo is his purification: this 
 ' law is fixed. 
 
 99. * A prieft, having performed funeral rites, 
 ' is purified by touching water; a foldier, by 
 
 * touching his horfe or elephant, or his arms ; a 
 *■ hufbandman, by touching his goad, or the 
 
 * halter of his cattle; a fervant, by touching his 
 
 * ftaff. 
 
 100. ' This mode of purifying fapindas, O 
 
 * chief of the twiceborn, has been fully declared 
 
 * to you! learn now the purification required- 
 ' on the death of kinfmen lefs intimately con^ 
 
 ' nefted. 
 
 1 01. ^ A Brahmen, hsLving carried out a dead 
 ' Brahmen, though not afapinda, with the affec- 
 ' tion of a kinfman, or any of thofe nearly re- 
 ' lated to him by his mother, becomes pure in 
 
 * three days ; 
 
 102. ' But, if he tafte the food offered by 
 
 * their fapindas, he is purified in ten days; and 
 
262 ^ON DIET, PURIFICATION, 
 
 * in one day, if he neither pai^take of their food, 
 
 * nor dwell in the fame houfe. 
 
 103. ' If he voluntarily follow a corpfe, whe- 
 
 * ther of a paternal kinfman or of another, and 
 ' afterwards bathe with his apparel, he is made 
 ' pure ' by touching fire and tafling clarified 
 
 * butter. 
 
 104. ' Let no 'kinfman, whilft any of his own 
 
 * clafs are at hand, caufe a dfeceafed Brahmen to 
 ' be carried out by a Siidra ; fince the funeral 
 ' rite, polluted by the touch of a fervile man, ob- 
 
 * llruds his paflage to heaven. 
 
 105. ' Sacred learning, auftere devotion, fire, 
 ' holy aliment, earth, the mind, water, fmearing- 
 
 * with cowdung, air, prefcribed a£ts of religion 
 
 * the fun, and time, are purifiers of imbodied 
 
 * fpirits ; 
 
 106. ' But of all pure things,^ purity in ac- 
 ' quiring wealth, is pronounced the moft ex- 
 
 * cellent : fince he, who gains wealth with clean 
 
 * hands, is truly pure ; not he, who is purified 
 
 * merely with earth and water. 
 
 107. ' By forgivenefs of injuries, the learned 
 ' are purified ; by liberality, thofe who have ne- 
 
 * glefted their duty ; by pious meditation, thofe 
 ' who have fecret faults j by devout aufterity, 
 
 * thofe who befl: know the Veda. 
 
 J 08. * By wa|:er and earth is purified what 
 
AND WOMEN. 263 
 
 * ought to be made pure ; a river, by its current ; 
 
 * a woman, whofe thoughts have been impure, 
 
 * by her monthly difcharge; and the chief of 
 ' twiceborn men, by ^xing his mind wholly on 
 
 * God. 
 
 109. ' Bodies are cleanfed by water; the mind 
 
 * is purified by truth ; the vital fpirit, by theology 
 
 * and devotion ; the underftanding, by cleai?« 
 
 * knowledge. 
 
 iiOi. ' Thus have you heard me declare the 
 
 * precife rules for purifying animal bodies : 
 
 * hear now the modes of reftoring purity to va- 
 ' rious inanimate things. 
 
 III. ' Of brilliant metals, of gems, and of 
 
 * every thing made with flone, the purification, 
 ' ordained by the wife, is with afhes, water, and 
 ' earth. , 
 
 n 2. * A golden veflel,not fmeared, is cleanfed 
 
 ' with water only; and every thing produced in 
 
 . * water, as coral, Jhells, or pearls^ and every ftony 
 
 * fubftance, and a filver veffel not enchafed. 
 
 112,. ' From ajundion of water and firearofe 
 
 * gold and filver ; and they two, therefore, are 
 
 * beft purified by the elements^ whence they 
 
 ' fprang. 
 
 ^ 114. ' Veflcls of copper, iron, brafs, pewter, 
 ' tin, and lead, may be fitly cleanfed with alhes, 
 ' with acids, or with water. 
 
 115. * The purification ordained for all forts 
 
254 ON DIET, PDRIFIGATION, 
 
 * of liquids, is by ftirring them with cus'a-gxa.[s; 
 ' for cloths folded, by fprinkling them with hal- 
 ' lowed water; for wooden utenfils, by planing 
 ' them; 
 
 1 1 6. ' For the facrificial pots to hold clarified 
 
 * butter and juice of the moonplant, by rubbing 
 ^ them with the hand, and wafhing them, at the 
 "* time of the facrifice : 
 
 117. ' Implements to wafh the rice, to con- 
 
 * tain the oblations, to caft them into the fire, to 
 
 * colled:, winnow, and prepare the grain, muftbe 
 
 * purified with water made hot. 
 
 Ii8. ' The purification by fprinkling is or- 
 ' dained for grain and cloths in large quantities; 
 
 * but, to purify them in fmall parcels, zvhicb a 
 ' man may eajilij carry, they muft be waflied. 
 
 119. ' Leathern utenfils, and fuch as are made 
 
 * with canej muft generally be purified in the 
 ' fame manner with cloths ; green vegetables, 
 
 * roots, and fruit, in the fame manner with' < 
 grain ; 
 
 120. ' Silk and woollen fluff, with faline 
 'earths; blankets from Nepdla, with pounded 
 ' ariJJotas, or nimba fruit ; veils and long drawers,' 
 ' with the fruit of the Bilva ; mantles of cjhiima, 
 ' with white muftardfeeds. 
 
 121. 'Utenfils made of Ihells or of horn, of 
 ' bones or of ivory, muft be cleanfed by him," 
 ' who knows the law, as mantles of cjhiimd are 
 
AND WOMEN. 2SS 
 
 ' purifiedj with the addition of cow's urine or of 
 
 * water. 
 
 122. ' Grafs, firewood, and ftraw, are purified 
 
 * by fprinkling them with water; a hpufe, 'by 
 'rubbing, brulhing, and fmearing with cow- 
 
 * dung; an earthen pot, by a fecond burning: 
 
 123. * But an earthen pot, whicji has been 
 
 * touched with any fpirituous liquor, with urine, ■ 
 
 * with ordure, with fpittle, with pus, or with 
 ' blood, cannot, even by another burning, be 
 
 * rendered pure. 
 
 124. • Land is cleanfed by five modes; by 
 
 * fweeping, by finearing with cowdung, by 
 
 * fprinkling with cows' urine, by fcraping, or by 
 
 * letting a cow pafs a day and a night on it. 
 
 125. *" K thing nibbled by a bird, fmelt at by 
 
 * a cow, fhaken with a foot, fneezed on," or de- 
 
 * filed by lice, is purified by eapth fcattered over 
 *it. 
 
 126. * As long as the fcent or moifture, caufed 
 
 * by any impurity, remain on the thing foiled, 
 
 * fo long muft earth and water be repeatedly ufed 
 
 * in all purifications of things inanimate. 
 
 127. ' The Gods declared three pure things 
 ' peculiar to Brdhmens; what has been defiled 
 
 * without their knov^rledge, what, in cafes of 
 
 * doubt, they fprinkle with watei-; and w'hat they 
 ' commend with their fpeech. 
 
 >'''I28. ' Waters are pure, as far as a cow 
 
26S ON DIET, PURIFICATION, 
 
 * goes to quench her thh-ft in them, If they flow 
 
 * over clean earth, and are fullied by no im- 
 
 * purity, but have a good fcent, colour, and 
 'fafte.' 
 
 1 29. / The hand of an artifl employed in his . 
 ' art is always pure ; fo Is every vendible com- 
 
 * iHodity, when expofed to fale ; and that food is 
 
 * always clean, which a ftudent in theology has 
 ' begged and received : ' fuch is the facred rule. 
 
 130. ' The mouth of a woman is conftantly 
 
 * pure J a bird is pure on the fall of fruit, which' 
 ' he has pecked; a fucking animal, on the flow- 
 
 * ing of the milk; a dog, on his catching the 
 
 * deer : 
 
 131. • The flef|i of a wild beafl flain by dogs, 
 
 * Menu pronounces purej and that of an ani- 
 
 * mal flain by other carnivorous creatures, or by 
 
 * men of the misied clafs, who fubfift by hunt- 
 
 * ing. 
 
 1 32. ' All the cavities above the navel are pure, 
 
 * and all below it, unclean; fo are all excretions, 
 
 * that fall from the body. 
 
 133. ' Gnats, clear drops from the mouth of 
 
 * a fpeaker, a fliadow, a cow, a horfe, funbearns, 
 ' duft, earth, air, and fire, mufl all be confidered 
 
 * as clean, even when they touch an unclean 
 
 * thing. 
 
 134. ' For the cleanfing of vefl'els, which have 
 
 * held ordure or urine, earth and water muft be 
 
AND WOMEN. 26^ 
 
 * ufed, as long as they are needful; and the 
 ' fame for cleanfing the twelve corporeal impa- 
 *:ri,ties: 
 
 ^3S- ' Oily exudations, feminal fluids, blooj^ 
 ' dandruff, urine, feces, earwax, nailparirigs, 
 
 * phlegm, tears, concretions on the eyes, anl 
 *.fw€at, are the twelve impurities of the human 
 
 * frame. 
 
 136. * By the man, who defires purity, one 
 *^ieee of earth together with water muft be ufed 
 
 * for the conduit of urine* three, for that of the 
 
 * feces; fo, ten for one hand, that is, the left; 
 
 * then feven for both : hut, if necejfary^ more mu^ 
 
 * be ufed. 
 
 l^y. * Such is the purification of married men ; 
 
 * that of ftudents muft be double ; that of her- 
 ' mits, triple ; that of men wholly reclufe, qua- 
 ' druple. 
 
 138. ' Let each man fprinkle the cavities of 
 
 * his body, and tafte water in due form, whea 
 
 * he has difcharged urine or feces ; when he is 
 
 * going to read the Feda; and, invariably, before 
 
 * he takes his food; 
 
 J 39. ' Firft, let him thrice tafte water; then 
 
 * twice let him wipe his mouth, if he be of a 
 
 * twkeborn clafSf and defire corporeal purity; but 
 
 * a woman or fervile man may once refpe(9:ively 
 
 * make that ablution. 
 
268 ON MET, PURIFICATION, > 
 
 140. * Siidras, engaged' in religious duties,- 
 
 * mail perform each month the ceremony of 
 
 * feavlng their heads ; their food muft be the- 
 
 * orts of Brdbmens; and their mode of purifiea^ 
 ' tlotij the f^me with that of ai Vaifya. ' 
 
 141. * Such drops of water, as fall from the' 
 
 * mouth on any part of the body, reader it not 
 
 * unclean j 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 cleanfed by making an ablution, ' 
 ' without laying his burden down. 
 
 144. ' Having vomited or been purged, let 
 
 * him bathe and tafte clarified butter, biit, 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 flumbered, having Ineezed,' 
 
 * having eaten, having fpitten, having told un- 
 
 ' truths, having drunk water, and going to read ' 
 ' facred books, let him, though pure, wafh his 
 ' mouth. 
 
 146. ' This perfect fyftem of rules for puri- 
 
AND WOMEN. '269 
 
 * f^ing men of all clafles, and for cleaning inant- 
 
 * mate thii^gs, has teen 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 ipiiS; 
 .* be done, even in her own dwelling place, ac- 
 
 * cording to her mere pleafure: ,,,. 
 
 148. ' In childhood muft a fpinaie be de- 
 
 * pendent on her, father; in youth, on her huf- 
 
 * band ; her lord being dead, on her fons ; iffi^ 
 *■ bcwe no fpns, on the near kitifmen of her baf- 
 
 * band -J if be, left no kitifmen, on thofe of her 
 '^father; ifjhe have no paternal kinfmen, on the 
 ^ fovereign;: a woman muft never feek ijide- 
 
 * pendence. 
 
 149. ' Never let her wifh to feparate herfelf 
 ' from her father, her hufband, or her fohs ; for, 
 
 * by a feparation from them, fhe expofes, both 
 
 * families to contempt. 
 
 150. * She muft always live with a cheerful 
 
 * temper, with good ma,nagement in the affdirs 
 
 * of the houfe, with great care of the houfehold 
 
 * furniture^ and with a frugal hand in all her ex- 
 
 * pences. 
 
 151. 'Him, to whom her father has given 
 ' her, or her brother with the paternal affent, let 
 S her obfequioufly honour, while he lives ; and, 
 
 * when he dies, let her never negledi him. 
 
270 ON DIETi PURIFICATION, 
 
 152.. ' The recitation of holy texts, arid the 
 *facrifice ordained by the lord of creatures, 
 
 * are ufed in marriages for the fake of pro- 
 ' curing good fortune to brides; but the firil 
 ' gift, or troth plighted, by the hulband is 
 'the primary caufe and' origin of marital do- 
 
 * minion. 
 
 153, ' When the hufband has performed the 
 
 * nuptial rites with texts of the Veda, he gives 
 
 * blifs continually to his wife here below, both 
 
 * in feafon and out of feafon; and he will give 
 
 * her happinefs in the next world. 
 
 154, * Though inobfervant of approved 
 
 * tifages, or enamoured of another woman, or 
 *■ devoid of good qualities, yet a. hulband muft 
 
 * conftantly be revered as a god by a virtuous 
 
 * wife. 
 
 ij'5, * No facrifice is allowed to women apart 
 
 * from their hufbands, no religious rite, no faft- 
 
 * ing : as far only as a wife honours her lord, fo 
 
 * far fhe is exalted in heaven. 
 
 156. 'A faithful wife, who wilhes to attain 
 
 * in heaven the manfion of her hufband, muft 
 
 * do nothing unkind to him, be he living or 
 ' dead : 
 
 157. ' 'Let her emaciate her body, by Hv- 
 ' Ing voluntarily on pure flowers, roots, and 
 ' fruit ; but let her not, when her lord is de- 
 
AND WOMEN. -271 
 
 * ceafed, even pronounce the name of another, 
 
 * man. 
 
 158. * Let her continue till death forgiving 
 
 * all injuries, performing harfh duties, avoiding 
 
 * every fenfual pleafure, and cheerfully pradtiidng; 
 
 * the incomparable rules of virtue, which have 
 
 * been followed by fuch women, as were devoted 
 
 * to one only hulband. 
 
 159. * Many thoufands of jBri^w^w^, having 
 
 * avoided fenfuality from their early youth, and 
 
 * having left no iflue in their families, have af- 
 
 * cended, nevertbelefs, to heaven ; 
 
 1 60. ' And, like thofe abftemious men, a vir- 
 
 * tuous wife afcends to heaven, though fhe have 
 
 * no child, if, after the deceafe of her lord, flie 
 
 * devote herfelf to pious aufterity: 
 
 161. ' But a widow, who, from a wifh to 
 
 * bear children, flights her deceafed hulband by 
 ' Carrying again, brings difgrace on herfelf here 
 
 * below, and fhall be excluded from the feat of 
 
 * her lord. 
 
 162. 'Iflue, begotten on a woman by any 
 
 * other than her hujband^ is here declared to be 
 ' no progeny of hers; no more than a child, be- 
 
 * gotten on the wife of another man, belongs to 
 ' the begetter : nor is a fecond hulband allowed, 
 ' in any part of this code, to a virtuous woman. 
 
 1 63. ' She, who negleds her former (purva) 
 
272 ON DIET, PURIFICATION, 
 
 ' lord, though of a Iow.er clafs, and takes another 
 
 * {para) of a higher, becomes defpicable in this 
 
 * world, and is called parapirva, or me who had 
 
 * a different hujb'and before^ 
 
 164. ' A married woman, who violates- the 
 •duty, which fhe owes to her lord, brings .in- 
 
 * famy on herfelf in this life, and, in the next, 
 
 * fliall enter the womb of a Ihakal, or be af- 
 ' Ii£fced with elephantiqfis, and other difeafes 
 
 * which punifh crimes ; 
 
 165. ' While fhe, who fliglits not her lord, 
 
 * but keeps her mind, fpeech, and body, devoted 
 
 * to him, attains his heavenly manfion, and by 
 ' good men is called Jddhvi, or virtuous. ., 
 
 1 66. ' Yes ; by this conrfe of life it is, thata 
 
 * woman, whofe niind, fpeech, and body are 
 
 * kept In lubje£tion, acquires high renown in 
 
 * this world, and, in the nqxt, the fame abode 
 
 * with her hufband. 
 
 167. ' A twiceborn man, verfed in facred or- 
 
 * dinances,, muft burn, with ballowed fire and fit 
 
 * implements of facrlfice, his wife dying before 
 ' him, if file was of his own clafs, and lived by 
 
 * -thefe rules : 
 
 168. ' Having thus kindled facred fires, and 
 ' performed funeral rites to his wife, who died 
 
 * before him, he may again marry, and again 
 
 * light the nuptial fire. ' 
 
AND WOMEN. 273 
 
 1 69. * Let him not ceafe to perform day by 
 
 * day according to the preceding rules, the five 
 
 * great facraments ; and, having taken a lawful 
 
 * confort, let him dwell in his houfe during the 
 
 * fecond period of his life. 
 
 VOL* V. 
 
CHAPTER THE SIXTH. 
 
 On Devotion ; or on the Third and Fourth Orders. 
 
 1. ' Having thus remained in the order 
 
 * of a houfekeeper, as the law ordains, let the 
 
 * twicebprn man, who had before completed his 
 ' ftudentfhip, dwell -in a foreft» his faith being 
 
 * firm and his organs wholly fubdued. 
 
 2. ' When the father of a family perceives 
 
 * his mufcles become flaccid and his hair gray, 
 
 * and fees the child of his child, let him then 
 
 * feek refuge in a'fpreft: 
 
 3. * Abandoning all food eaten in towns, and 
 
 * all his houfehold utenfils, let him repair to the 
 
 * lonely wood, committing the care of his wife 
 
 * to her fons, or accompanied by her, ifjbe chufe 
 
 * to attend him. 
 
 4. * Let him take up his confecrated fire, and 
 
 * all his domeftick implements of ipaking obla- 
 *'tionsto it, and, departing from the town to 
 
 * the foreft, let him dwell in it with complete 
 
 * power over his organs offenfe and of aStiori. 
 
ON DEVOTIONj &e. ' 275 
 
 5. ' With many forts of pure food, fuch as 
 ' holy fages ufed to eat, with green hetbs, roots, 
 
 * and fruit, let him perform the five great facra- 
 
 * ments before mentioned, introducing them with 
 ' due ceremonies. 
 
 6. ' Let him wear a black antelope's hide, or 
 
 * a vefture of bark; let him baths evening and 
 ' morning ; let him fufFer the hairs of his head^ 
 
 * his beard, and his nails to grow continually. 
 
 7. * From fuch food, as himfelf may eat, let 
 
 * him, to the utmoft of his pow^r, make ofFer- 
 
 * ings and give alms ; and with prefents of 
 
 * water, roots, and fruit, let him honour thofe, 
 
 * who vifit his hermitage. 
 
 8. ' Let him be conftantly engaged in reading 
 
 * the P^eda; patient of all extremities, univer- 
 ' fally benevolent, with a mind intent on the 
 
 * Supreme Being ; a perpetual giver, but no re- 
 
 * ceiver of gifts ; wath tender affedion, for all 
 
 * animated bodies. 
 
 g. * Let him, as the law direfts, make obla- 
 
 * tions on the hearth with three facred fires i not 
 
 * omitting in due time the ceremonies to be 
 ' performed at the conjundion and oppofition of 
 
 * the moon. 
 
 10. ' Let him alfo perform the facrifice or- 
 ' dained in honour of the lunar conftellationsj, 
 ^ make the prefcribed offering of new grdn^ and, 
 
 T 2 
 
2^6 ON DEVOTION; OR ©N THE 
 
 * folemnize holy .rites every four months, and at 
 
 * the winter and fummer folftices. 
 
 11. ' With purev grains, the food of ancient 
 
 * fages, growing in the vernal and autumnal fea- 
 ' fons, and brought home by himfelf, let him fe- 
 ' verally make, as the law ordains,. the oblations 
 ' of cakes and boiled grain j 
 
 12. ' And, having prefented to the gods that 
 
 * pureft oblation, which the wild woods pro- 
 ' duced, let him eat what remains, together 
 
 * with fome native fait, which himfelf coUeded. 
 
 13. ' Let him eat green herbs, flowers, 
 ' rqots, and fruit, that grow on earth or in 
 
 * water, and the productions of pure trees, and 
 ' oils formed in fruits. 
 
 14. • Honey and flefhmeat he muft avoid, and 
 ' all forts of mufhrooms, the plant hhiijifim, 
 
 * that named7ig-/jr«c«, and the fruit of xhtjlej}^ 
 
 * mdtaca. ■ ' 
 
 15. * In the month Afmina let him call 
 
 * away the food of fages, which he before had 
 
 * laid up, and his vefture, then become old, and 
 
 * his herbs, roots, and fruit. 
 
 J 6. ' 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 opprefs him. 
 
 17. ' He* may eat what is mellowed by fir§, 
 
THIRD AND FOURTH ORDERS. 277 
 
 * and he may eat what is ripened by time : and 
 'either let him break hard fruits with aftone, or 
 ' let his teeth ferve as a peftle. 
 
 1 8. * Either let him pluck enough for a. day, 
 
 * or let him gather enough for a month ; or let 
 
 * him eolledl enough for fix 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, 
 
 * fuch regular meal ; 
 
 20. * Or, by the rules of the lunar penance, he 
 
 * may eat a mouthful lefs each day of the bright, 
 
 * and a mouthful more each day of the dark, fort- 
 
 * night ; or he may eat only once, at the cloie of 
 ' each fortnight, a mefs of boiled grains : 
 
 21. ' Or he may conftantly live on flowers 
 
 * and roots, and on fruit matured by time, which 
 
 * has fallen fpontaneoufly, flriditly obferving the 
 ' laws ordained for hermits. 
 
 22. * l.et him Aide backwards and forwards on 
 ' the ground; orlethimftandawhole day on tip- 
 
 * toe; or let him continue in motion riling and 
 ' fitting alternately; but at funrife, at noon, and 
 ' at funfet, let him go to the waters and bathe. 
 
 23. 'In the hot feafon, let him fitexpofed to 
 
 * five {ires, four blazing around him puiih the fun 
 
 * above -, in the rains, let him fland uncovered, 
 ' without €ven a mantle^ where the clouds pour 
 
278 ON DEVOTION; OR ON THE 
 
 * the heavieji fhowers ; in the cold feafon, let 
 
 * him wear humid vefture ; and let him increafe 
 
 * by degrees the aufterity of his devotion : 
 
 24. ' Performing his ablution at the three 
 ' Savanas, let him give fatisfadion to the manes 
 
 * and to the gods ; and, enduring harflier and 
 
 * harlher mortifications, let him dry up his bodily 
 ' frame. , m:/j 
 
 25. 'Then, having repofited his holy fires, as 
 
 * the law direds, in his mind, let him live with- 
 
 * out external fire, without a manuon, wholly 
 
 * filent, feeding on roots and fruit; 
 
 26. * Not folicitous for the means of gratifi- 
 
 * cation, chafte as a ftudent, fleeping on the 
 'bare earth, in the haunts of pious hermits, 
 ' without one felfifh affeflion, dwelling at the 
 
 * roots of trees. 
 
 , 27. ' Fjom devout Brdhmens let him receive 
 
 * alms to fupport life, or from other houfe- 
 
 * keepers of twiceborn clafles, who dwell in the 
 
 * foreft : 
 
 28. 'Or the hermit may bring food from a 
 
 * tpwn, having received it in a bafket of leaves, 
 ' in his naked hand, or in a potfherd ; and then 
 ' let him fwallow eight mouthfuls, 
 
 29. ' Thefe and other rules muft a Brahmen, 
 ' who retires to the woods, diligently pradlfe; 
 
 * and, for the purpofe of uniting his foul with 
 
 * the divine fpirit, let him ftudy the vanousupa- 
 
THIRD AND FOURTH ORDERS. S79 
 
 * nijhads of fcripture, or chapters on the ejfence and 
 
 * attributes of God, 
 
 30. * Which have been ftudied with reverence 
 
 * by anchorites verfed in theology, and by houfe- 
 
 * keepers, who dwelt afterwards in forefts, for 
 ' the fake of increafing their fublime knowledge 
 
 * and devotion, and for the purification of their 
 
 * bodies. 
 
 31. 'Or^ if. be has any incurable difeafey let 
 
 * him advance in a ftraight path, towards the in- 
 
 * vincible north eajiern point, feeding on water 
 
 * and air, till his mortal frame totally decay, 
 
 * and his foul become united with the Su- 
 
 * preme. 
 
 32. 'A Brahmen^ having fhufHed off his 
 
 * body by any of thofe modes, which great 
 
 * fages pradifed, and becoming void of for- 
 
 * row and fear, rifes to exaltation in the divine 
 
 * eflence. 
 
 2^. ' Having thus performed religious a^s 
 
 * in a foreft during the third portion of his life, 
 ' let him become a Sannydji for the fourth por- 
 
 * tion.of it, abandoning all fenfual afFe<3:ions, and 
 ' wholly repojing in the Supreme Spirit: 
 
 34. * The man, who has paffed from order 
 
 * to order, has made oblations to fire on his re~ 
 *■ fpe£tive changes ofjiate, and has kept his mem- 
 ' bers in fubje61ion, but, tired vf'ixhfo long a courfe 
 
280 ON DEVOTION i OR ON THE 
 
 * of. giving alms and making offerings, thus re- 
 
 * pofes himfelf entirely on God, fhall be raifed 
 ' ^fter death to glory. 
 
 35. * When he has paid his three debts to the 
 *.fages, the manes, and the gods^ let him apply 
 
 * his mind to final beatitude; but low fhall' He 
 
 * fall, who prefumes to feek beatitude, vrithout 
 
 * having difcharged thofe debts: 
 
 ^6. * After he has read the Fedas in the form 
 
 * prefcribed by law, has legally begotten a fon; 
 
 * and has performed facrifices to the befl of his 
 
 * power, he has paid his three debts^ and may then 
 
 * apply his heart to eternal blLfs ; 
 
 37. * But if a Brahmen have not read the 
 
 * Fe'da, if he have not begotten a fon, and if he 
 
 * have not performed facrifices, yet fhall aim at 
 
 * final beatitudie, he fhall fink to a place of de- 
 ' gradation. 
 
 38. * Having performed the facrifice of Pra- 
 
 * ja'peti, accompanied with a gift of aM hiist 
 
 * wealth, and having repofited in his mind the fa- 
 
 * crificial fires, a Brahmen may proceed from his 
 ' houfe, that «, from the/econd order, or he may 
 ' proceed even from thejir^, to the conditioa of 
 
 * a Sannyaji. 
 
 39. ' Higher worlds are illuminated with the 
 ' glory of that man, who pafTes from his houfe 
 ' into the fourth order, giving exemption from 
 
THIRD AND FOURTH ORDERS. 281 
 
 * fear to all animated beings, and pronouncing the 
 ' myjiick words of the Veda: 
 
 40. ' To the Brdhmeriy by whom not even 
 
 * the fmalleft' dread has been occafioned to fen- 
 
 * tient cr&atures, there can be no dread from any 
 
 ' quarter whatever, when he obtains a releafe' 
 
 * from his mortal body. 
 
 41 . ' Departing from his houfe, taking with 
 ' him pure implerhents, his waterpottn^nd Jiaff^^ 
 ' keeping filence, unallured by defire of the ob- 
 
 * je<3:s near him, let him ^ter into the fourth 
 
 * order. 
 
 42. * Alone let him conftantly dwell, for the 
 ' fake of his own felicity: obferving the happi- 
 ' nefs of a folitary man, who neither forfakes 
 
 * nor is forfaken, let him live without a compa-> 
 ' nion. 
 
 43. ' ' Let him have no culinary fire, no domi- 
 
 * cil ; let him, when very hungry, go to the town 
 
 * for food; let him patiently bear dileafe; let 
 ' his mind be firm ; let him ftudy to know 
 
 * God, and fix his attention on God alone. 
 
 44, * An earthen waterpot, the roots of large 
 
 * trees, coarfe vefture, total folitude, equanimity 
 
 * toward all creatures, thefe are the chara£ter- 
 
 * ifticks of a 5r«7jm^« fetfree. 
 
 45. ' Let him not wifh for death; let him not 
 
 * wilh for life ; let him exped his appointed' 
 
 * time/ as a hired fervant expeds his wages. 
 
2S2 ON DEVOTION; OR ON THE 
 
 46. ' Let him ^dvance his foot purified by 
 ' looking down, lejl he touch any thing impure; 
 
 * let him drink water purified by flraining with 
 
 * a cloth, lejl he hurt fome infeSl; let him, if he 
 
 * chufe to Jpeak, utter words purified by truth; ■ 
 
 * let him by all means keep his heart purified. 
 
 47. * Let him bear a reproachful fpeech with 
 "patience; let him fpeak reproachfully to np 
 ' man ; let,him not, on account of xhis'frail and. 
 ^feveriJJj body, engage in hollility with any one 
 
 *■ livinsj. 
 
 mi 
 
 48. ' With an angry man let him not in his 
 
 * turn be angry j abufed, let him fpeak mildly; 
 'nor let him utter a word relating to vain illu- 
 ' fory things and confined within feven gates, 
 ' the Jive organs qffenje, the h'eart, afid the intel- 
 '- Vedi ; or this world, with, three above and three 
 ' below if. 
 
 49. ^' Delighted with meditating on the Su- 
 
 * preme Spirit, fitting fixed in fuch meditation, 
 ' without needing any thing earthly, without one 
 ' fenfual defire, without any companiori but his 
 
 * own foul, let him live in this world feeking the 
 
 * blifs of the next. 
 
 50. ' Neither by explaining omens and pro- 
 < digies, nor by ikill in aftrology and palm- 
 ' eftry, nor by cafuiftry and expofitions of 
 ' holy texts, let him at any time gain his daily 
 ' fupport. 
 
THIRD AND FOURTH ORDERS. 283 
 
 51. ' Let him not go near ahoufe frequented 
 
 * by hermits, or priefts, or birds, or dogs, or 
 
 * other beggars. 
 
 52. ' His hair, nails, and beard being clipped, 
 
 * bearing with him a difh, a ftafF, and a water- 
 ' pot, his whole mind being fixed on God, let 
 
 * him wander abo\:ft continually, without giving 
 ' pain to animal or vegetable beings. 
 
 53. ' His diflnes muH have no ff^Cture, nor 
 
 * muft they be made of bright metals: the puri- 
 
 * fication ordained for them muft be with water 
 
 * alone, like that, of the veflels for a facrifice. 
 
 54. 'A gourd, ; a, wooden bowl, an earthen 
 
 * difh, orabafket made of reeds, has MENU,fon 
 ' of the Self^exifting, ' declared fit veflels to re- 
 ' ceive the food of Brdhmens devoted to God. 
 
 ^^. ' 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 fenfual gratifications. 
 
 56. ' At the time when th-e fmoke of kitchea 
 *■ fires has ceafed, when the peftle lies motion- 
 
 * lefs,when the burning charcoalis extinguiflied, 
 
 * when people have eaten a:nd when difhes are 
 
 * removed, that is, late in the day, let the Safi^ 
 
 * nydji _&\w3.js beg food. 
 
 ^y. ' For mining it, let him not be forrowful; 
 ' nor for gaining it, let him be glacj ; let him 
 
231, ON DEVOTION; OR ON THE 
 
 * care only for a fufficiency to fupport life, but 
 
 * let him not be anxious about his utenfils. 
 
 58. 'Lethimconftantly difdain to receive food 
 
 * after humble reverence; fmce, by receiving it 
 
 * in confequence of an humble falutation, a (SaK- 
 
 * nydfi^ though free, becomes a captive. 
 
 59. ' By eating little and by fitting in fo- 
 ' litary places, let him reftrain thofe organs, 
 
 * which are naturally hurried away by fenfual 
 
 * defires. 
 
 60. ' By the coercion of his members, by the 
 ' abfence of hate and affedion, and by giving no 
 
 * pain to fentient creatures, he becomes fit for 
 ' immortality. 
 
 61. ' Let him refle£t on the tranfmlgrations 
 ' of men caufed by their finful deeds, on their 
 ' downfal into a region of darknefs, and their 
 
 * torments in the manfion of Yama; 
 
 62. ' On their feparation from thofe, whom 
 
 * they love, and their union with thofe, whom 
 ' they hate, on their ftrength overpowered 
 
 * by old age, and their bodies racked -with 
 
 * difeafe ; 
 
 63. ' On their agonizing departure from this 
 
 * corporeal frame, their formation again in the 
 ' womb, and the glidings of this vital fpirit 
 ' through ten thoufand . millions of uterine 
 ' paffages; 
 
Missing Page 
 
286 ON DEVOTION; OR ON THE 
 
 * make fix fuppreffions of his breath, having' duly 
 *• bathed; 
 
 70, ' Even three fuppreffions of breath made 
 
 * according' to the divine rule, accompanied with 
 *the triverbal phrafe [blmrhhiivah fwah) and the 
 
 * triliteral fyllable {dm), may be confidered as the 
 ' higheft devotion of a Brahmen. 
 
 71',, ' For as the drofs and impurities of me- 
 ' tallick ores are confumed by fire, thus are the 
 
 * finful afts of the human organs confumed by 
 ' fuppreffions of the breath, while the myflick 
 ' wordsy and the jneaftires of the gayatr) are re- 
 ' vo'vcdin the. mind, 
 
 72. ' Let him thus by fuch fuppreffions of 
 ' breath burn avp:ay his offences j by reflecting 
 
 * intenfely on the fteps of afcent to beatitude,; /^l. 
 ' him deftroy Jin; by coercing his members/ let 
 
 * him reftrain all fenfual attachments ; by medi- 
 ' tAtlng on the intimate union of his own foul and tht 
 " diyiae eflence, let him extinguifh all qualities 
 ' repugnant to the nature of God. 
 
 73. ' Let him obferve, with extreme applica- 
 
 * tlon of mind, the progrefs of this internal fpirrt 
 
 * through various bodies, high and low; a pra- 
 ' S^^fi ^^'^'i ^^ ^^ difcefned by men with unim- 
 ' proved intellects. 
 
 74. ' He, who fully underftands the perpetual 
 ' omniprefence of God, can be led no more cap- 
 
Missing Page 
 
28S ON DEVOTIOIST; OR ON THE 
 
 ' his evil deeds, to thofe, who hate Ijim, he may 
 
 * attain, through devout meditation, the eternal 
 *fpirit. - ■ , 
 
 ^o. *■ When, having well cohfidered the na- 
 ' ture and confequence of fin, iie becomes averfe 
 
 * from all fenfual deliglits, he then attains blifs 
 
 * in this world; blifs, whidi fhall endure after 
 
 * death. \ 
 
 8 1. * Thus, having gradually abandoned all 
 
 * earthly attachments, and indifferent to all pairs 
 
 * of oppofite things, as honour and dijhonour, and 
 
 * the like, he remains abforbed in the divine ef- 
 
 * fence. 
 
 82. ' All, that has now been declared, is ob- 
 
 * tained by pious meditation ; but no man, who 
 
 * is ignorant of the fupreme fpirit, can gather 
 
 * the fruit of mere ceremonial adts. 
 
 S3. ' Let him conftantly ftudy that part of the 
 
 * Veda, which relates to facrifice ; that, which 
 
 * treats of fubordinate deities; that. Which re- 
 
 * veals the nature -of the fupreme God; and 
 ' whaifever is declared in the Upafii/bads. 
 
 84. ' Thisholy fcripture is a fure refuge even 
 ' for thofe, who underftand not its meaning, 
 
 * and of courfe for thofe, who underftand It ; this 
 
 * Veda is a fure reflburce for thofe, who feek blifs 
 
 * above, this is a fure rejfource for thofe, who 
 ' feek blifs eternal. 
 
THIRD AND FOURTH ORDERS. 289 
 
 85. * That Brahmen^ who becomes a Sannydfi 
 
 * by this difcipline, announced in due order, 
 ' fhakes oiF fin here below, and reaches the moft 
 
 * high. 
 
 86. ' This general law has been revealed to 
 *,you for anchorites with fubdued minds: 
 ' now learn the particular difcipline of thofe, 
 ' who become reclufes according to the Veda, 
 ' that is, of anchorites in the Jirjt of the four 
 ' degrees. 
 
 87. ' The ftudent, the ittiarfied man, the 
 
 * hermit, and the anchorite, are the offspring, 
 ' though in four orders, of married men keeping 
 ' houfc; 
 
 88. * And all, or ev^n any, 6f thofe or- 
 
 * dersj affumed in their turn, according to the 
 ' facred ordinances, lead the -Brahmen^ who 
 ' a£ts by the preceding rules, to the higheft 
 
 * manfion : 
 
 89. ' But of all thofe, the houfekeeper, ob- 
 ' ferving the regulations of the Sruti and Srnriti-, 
 ' may be called the chief; fince he fupports the 
 ' three other orders. 
 
 90. * As all rivers, female and male, run to 
 ' their determined place in the fea, thus men, of 
 
 * all other orders repair to theit fixed place in 
 
 * the manfion of the houfekeeper. 
 
 91. 'By B^dhmens, placed in thefe four 01- 
 
 vol; V. u . .', 
 
 'i! 
 
290 <5N DEVOTION; OR ON THE 
 
 ' ders, a tenfold fyftem of duties muft ever' be 
 
 * feduloufly praftifed : 
 
 92. 'Content, returning good for evil, re- 
 ' fiftance to fenfual appetites, abftinenee from 
 
 * illicit' gain, purification, coercion of the organs, 
 ' knowledge of fcripture, knowledge of the fu- 
 
 * preme fpirit, veracity, and freedom from wirath, 
 
 * form their tenfold fyftem of duties. 
 
 93. * Such BrdhmenSy as attentively read the 
 ' ten precepts of duty, and after readings carcr 
 ' fully pradtife them, attain the moft exalted 
 
 * condition. 
 
 94. * A Brahmen, having pradlifed, with or- 
 
 * gans under command, this tenfold fyftem of 
 
 * duty, having heard the Upanijhads explained, 
 
 * as the law direds, and who has difcharged hi's 
 
 * three debts, may become an anchorite, in the 
 
 * houfe of his fort, according to the Feda; ' 
 
 95. * And, having abandoned all ceremonial 
 
 * ads, having expiated all his offences, having 
 ' obtained a command over his organs, and hav- 
 ' ing perfedlly underftood the fcripture, he may 
 
 * live at his eafe, while the houfehold affairs are 
 
 * conducted by his fon. 
 
 g6. 'When he thus has relinquifhed all form^, 
 ' is intent on his own occupation, and free from 
 ' every other defire, when, by devoting himftlf 
 
 * to God, he has effaced fin, he then attains the 
 ' fupreme path of glory. 
 
THIRD AND FOURTH ORDERS. 291 
 
 97. ' This fourfold regulation for the fa- 
 ' cerdotal clafs, has thus been made known to 
 ■* you ; a juft regulation, producing endlefs fruit 
 ' after death : next, learn the duty of kings, or 
 ' the military clafs/ 
 
 V 2 
 
CHAPTER THE SEVENTH. 
 
 On Government, and Publick Law; or on the 
 Military Clafi. 
 
 I. * I WILL fully declare the duty of kings ; and 
 ^ Jhoxv how a ruler of men fhouid condu£t hlm- 
 
 * felf, in what manner he was framed, and how 
 ' his ultimate reward may he attained by him. 
 
 2. ' By a man of the military clafs, who has 
 ' received in due form the inveftiture, which the 
 ' Feda prefcribes, great care muft be ufed to 
 
 * maintain the whole ajfemblage of laws. 
 
 3. ' Since, if the world had no king, it would 
 
 * quake on all fides through fear, the ruler of this 
 
 * univerje, therefore, created a king, for the maia- 
 ( tetiance of this fyftem, both religious and civil, 
 
 4. ' Forming him of eternal particles ' drawn 
 ' from the fubftance of Indra, Pavana, Ya- 
 ' MA, Su'rya, of Agni and Varuna, of 
 ' Chandra and Cuve'ra: 
 
 5. ' And fmce a king was corapofed of par- 
 ' tides drawn from thofe chief guardian deities, 
 « he confequently furpafTes all mortals in glory. 
 
ON GaVERNMpNT, -&c., 293 
 
 6. * Like the fun, he burns eyes, arid- hesuts; 
 
 * nor can any human creature on earth -even gaze^ 
 t on him. 
 
 7. ' He is fire and air ; he, bioth. fun ^nd moon; 
 
 * he, the god of criminal juftice ; he, the genius, 
 
 * of wealth ; he, the regent of waters j he, the. 
 
 * lord of the firmament. 
 
 8. ' A king, even though a child, m^ft not 
 
 * be treated lightly, from an idea that he is a, 
 
 * mere mortal : no ; he is a pdwerful divinity, 
 
 * who appears in a human fliape. 
 
 9. ' Fire burns only one perfon, who carelefely 
 
 * goes too near it; but the-fire of a king in wrath 
 
 * burns a whole family, with all their cattle and 
 ' goods. 
 
 10. * Fully confidering the bufinefs before 
 
 * him^ his own force, and the place, and the time, 
 
 * he aflumes in fucceflion all forts of forms, for; 
 
 * the fake of advancing juftice. 
 
 11. * He, fure, muft be the perfedt eflence of 
 
 * majefty, by whofe favour Abundance rifes on 
 '* her lotos, in whofe valour dwells conqueft j in 
 
 * whofe anger, death. 
 
 12. ' He, who fliows hatred of the king, 
 
 * through delufion of mind, will certainly perifh; 
 
 * for fpeedily will the king apply his heart to 
 
 * that man's perdition, 
 
 13. * Let the king prepare a juft compehfa- 
 [ tion for the good, and a juft punifliment for .the 
 
294 ON GOVERNMENT; OR ON 
 
 * bad : the rule of ftrid juftice let him never 
 
 * tranfgrefs. 
 
 14. ' For his ufe Brahma' formed in the be- 
 
 * ginning of time the genius of punifhment, with 
 
 * a body of pure light, his own fon, even abftradt 
 
 * criminal juftice, the proteftor of all created 
 
 * things: 
 
 15. ' Through fear of that genius all fentient 
 
 * beings, whether fixed or locomotive, are fitted 
 
 * for natural enjoyments and fwerve not from 
 
 * duty. 
 
 16. ' When the king, therefore, has fuUy con- 
 
 * fidered place and time, and his oWn ftrength, 
 
 * and the divine ordinance, let him juftly inflid 
 
 * punifhment on all thofe, who a£k unjuftly. 
 
 17. ' Punifhment is an a£tive ruler ; he is the 
 ' true manager of publick affairs ; he is the dif- 
 
 * penfer of laws ; and wife men call him the 
 
 * fponfor of all the four orders for the difcharge 
 
 * of their feveral duties- 
 
 18. ' Punifhment governs all mankind; pu- 
 
 * nifhment alone preferves them ; punifhment 
 
 * wakes, while their guards are afleep ; , the wife 
 
 * confider punifhment as the perfe6fion of juftice, 
 
 1 9. ' When rightly and confiderately inflicted, 
 
 * it makes all the people happy; but, infli61ed 
 
 * without full confideration, it wholly deftroys 
 them all. 
 
 ao. ' If the king were not,without indolence, 
 
THE MILITARY CLASS. 29S 
 
 * to punifli the guilty, the ftronger would roaft 
 
 * the weaker, like fifh, on a fpit; (or, according 
 
 * to one readings the ftronger would opprefs the 
 
 * weaker, like fiih in their element;) 
 
 2 r . ' The crow would peck the confecrated 
 
 * c3fFering of rice; the dog would Hckthe clarified 
 ' butter ; ownerfhip would remain with none ; 
 ' the loweft would overfet the higheft. 
 
 22. * The whole race of men is kept in order 
 ' by puniftiment ; for a guiltlefs man is hard to 
 ' be found: through fear of punifhment, indeed, 
 
 * this univerfe is enabled to enjoy, its bleflings; 
 
 23. * Deities and demons, heavenly fongftet^ 
 
 * and cruel giants, birds and ferpents, are made 
 
 * capable, by juft correction, of their feveral en- 
 ' joyments. 
 
 24. * All clafles would become corrupt ; all 
 ' barriers would be deftroyed, there would be 
 ' total confufion among men, if punifhment 
 
 * either were not inflid:ed, or were inflidted un- 
 
 * duly: 
 
 25. * But where punifhment, with a black 
 
 * hue and a red eye, advances to deflroy fin, 
 
 * there, if the judge difcern well, the people are 
 
 * undifturbed. 
 
 26. ' Holy fages cohfider as a fit difpeiifer of 
 
 * criminal juftice, that king, who invariably 
 
 * fpeaks truth, who duly confiders all cafes, 
 
 * who underflands the facred books, who knows 
 
 * the diftindions of virtue, pleafure, and righes j 
 
296 ON^ GOVERNMENT ; OR ON 
 
 27. ' Suieh a king, if he juftly irifli£fc legal pu- 
 
 * nifliments, greatly increafes thofe three means 
 
 * of happinefs ; but punifhment itfelf ihall de- 
 
 * flroy a king, who is crafty, voluptuous, and 
 
 * wrathful : 
 
 28. ' Criminal juftice, the bright eflence of 
 
 * majefty, and hard to be fupported by men with 
 ' unimproved minds, eradicates a king, who 
 
 * fwerves from his duty, together with all his 
 
 * race : 
 
 '29. ' PuniiOiment fhall overtake his caffles, 
 
 * his territories, his peopled land with all fixed 
 
 * and all moveable things, that exift on it : even 
 
 * the gods and the fages, who lofe their oblationSy 
 ' will be affli£ted and afcend to the fky. 
 
 30. ' Juft puniihment cannot be inflicted by 
 
 * an ignorant and covetous king, who has no 
 
 * wife and virtuous affiftant, whofe underftand- 
 
 * ing has not been improved, and whofe heart is 
 ' addided to fenfuality: 
 
 31. ' By a king, wholly pure, faithful to his 
 
 * promife, obfervant of the fcriptures, with good 
 ' afliftants and found underftanding, may pu- 
 
 * niflxment be juftly inflicted. 
 
 32. '■ Let him in his own domains ad with 
 ' juftice, chaftife foreign foes with rigour, be- 
 ' have without duplicity to his affedionate' 
 
 * friends, ;and with lenity to Brdhmens. 
 
 2)2^. 'Of a king thus difpofed, even though 
 
 * he fubfift by gleaning, or, he Ms., treafure ever 
 
THj: MILrrARY CLASS. 297 
 
 ^'fi finalk the fame is far fpread ia the world, 
 
 * like a drop of oil in water; 
 
 34. ' But of a king with a contrary difpoli- 
 
 * tion, with paffions unfubdued, he his riches ever 
 *" Jo great^ the fame is contradled in the world, 
 
 * like clarified butter in the fame element. 
 
 35. ' A king was created as the protestor of 
 
 * all thofe clafles and orders, who, from the firll 
 
 * to the laft, difcharge their feveral duties; 
 
 36. ''And all, th^t muft be donfe by him, for 
 
 * the protection of his people, with the afliilance 
 
 * of goodiiiinillers, I will declare to you, as the 
 
 * law direfls, in due order. 
 
 37. ' Let the king, having rifen at early 
 
 * dawn, refpe£tfully attend to Brdhmens, learned 
 
 * in the three Vedas, and in the fcience of ethicks; 
 
 * and by their decifion let him abide. 
 
 38. ' Conftantly muft he ihow refpeft to 
 
 * Brdhmens, who have grown old, both in years 
 
 * and in piety ^ who^know the fcriptures, who in 
 ' hody 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 ac- 
 
 * quired modeft behaviour hy his own goodjenfe 
 ' and hy -Jludy, let him continually learn habits 
 
 * ofmodefty and compofure; fince aking, whofe 
 
 * demeanour is humble and compofed, never 
 ■ perifhes. 
 
29S ON GOVERNMENT; OR ON 
 
 40. ' Willie, through want of Tuch humble 
 
 * virtue, many kings have periftied with all 
 
 * their poffeffions, and, through virtue united 
 
 * with modefty, even hermits have obtained 
 
 * kingdoms. 
 
 41. ' Through want of that virtuous humi- 
 
 * lity Ve'na was utterly ruined, and fo was the 
 ' great king Nahusha, andSuDA'sA, and Ya- 
 
 * VAN A (^or, by a different reading, and Suda'sa, 
 
 * the fon of Piyavana), and Sumac'ha, and 
 
 * NiMJ ', 
 
 42. ' But, by virtues with humble behaviour, 
 
 * Prit'hu and Menu acquired fovereigntyj 
 ' Citve'ra, wealth inexhauftible ; and ■ Vis- 
 
 * wa'mitra, fon of G a'dhj, the rank of a prieft, 
 
 * t/potigh born in the military clafs. 
 
 43. ' From thofe, who know the three Fedas, 
 *- let him learn the triple dodtrine eomprifed in 
 
 * them, together with^the primeval fcience of 
 
 * criminal juftice and found policy, the fyftem of 
 
 * logickand metaphyficks,andfublime theolo^cal 
 ' truth : from the people he muft learn the theory 
 
 * of agriculture, commerce, and other practical arts. 
 
 44. ' Day and night mull he ftrenuoufly ex- 
 
 * ert himfelf to gain complete vidory over his 
 ' own organs ; fmce that king alone, whofe or- 
 ' gans are completely fubdued, can keep his peo- 
 ' pie firm to their "duty. 
 
 45. * With extreme care let him ihun eighteen 
 
THE ^MILITARY CLASS. 299 
 
 * vices, ten proceeding from love of pleafure, 
 
 * eight fpringing from wrath, and all ending in 
 
 * mifery ; 
 
 46. * Since a king, addidted to vices arifing 
 
 * from love of pleafure, muft lofe both his wealth 
 
 * and his virtue, and, addidted to vices arifing 
 
 * from anger, he may lofe even his Wic from the 
 
 * publick refentment. 
 
 47. * Hunting, gaming, fleeping by day, cen- 
 
 * furing rivals, excefs with women, intoxication, 
 ' finging, inftrumental mufick, dancing, and ufe- 
 
 * lefs travel, are the tenfold fet of vices produced 
 
 * by love of pleafure : 
 
 48. ' Talebearing, violence, infidious wound- 
 
 * ing, envy, detra61ion, unjuft feizure of pro- 
 
 * pertyi reviling, and open aifault, are in like 
 
 * manner the eightfold fet of vices, to which, 
 
 * anger gives birth. 
 
 49. * A felfifh inclination, which all wife men 
 
 * know to be the root of thofe two fets, let him 
 
 * fupprefs with diligence : both fets of vices are 
 
 * conftantly produced by it. 
 
 50. * Drinking, dice, women, and hunting, 
 
 * let him confider as the four moft pernicious in 
 
 * the fet, which love of pleafure occafions : 
 
 51. ' Battery, defamation, and injury to pro- 
 
 * perty, let him always confider as the three moft 
 
 * heinous in the fet, which arifes from wrath ; 
 
300' ON GOYERNMENTjIOR ON 
 
 52. * And in this fevenfold aflembl^ge of vices-, 
 *" too frequently prevailing in all kingdoms, let 
 'an enlightened prince confider the firft, and 
 
 * fo forth, in order, as the moft ab©niinabl;e in 
 
 * each fet. 
 
 53. * On a comparifon ^between death and 
 ' vice, the learned pronounce vice the, more 
 
 * dreadful; fince, after death, a vicious man fmks 
 
 * to regions lower and lowers, while a man, free 
 
 * from vice, reaches heaven. 
 
 54. * The king rnuft appoint feven or eight 
 
 * minifters, who ipuft be fworn by touching afa- 
 *■ cred image and the like-; men, whofe anceftors 
 
 * were fervants of kings ; who are verfed in the 
 ' holy books ; who are perfonally brave ; who 
 ' are Ikilled'in the ufe of weapons ; and whofe 
 
 * lineage is noble. 
 
 ^^. ' Even an a£t eafy in itfelf is hard fome- 
 *■' times to be perforrned by a fingle man, efpeci- 
 
 * ally if he have no affiftant near : how much 
 
 * harder mujt it be toperform alojie the bujinejs of 
 
 * a kingdom with great revenues ! 
 
 56. ' Let him perpetually confult with thofe 
 
 * rninifte.rs on peace and war, on his forces, on 
 
 * his revenues, on the protection of his people, 
 
 * and on the means of bellowing , aptly the 
 
 * wealth, which he has acquired : 
 
 57. ' Having afcertaifled the feveral opinions 
 
Missing Page 
 
302 ON GOVERNMENT ; OR ON 
 
 64. ' That royal ambaflador is applauded 
 ' moft, who is generally beloved, pure within 
 
 * and without, dextrous in bufinefs, and, endued 
 
 * with an excellent memory; who knows coun- 
 
 * tries and times, is handfdme, intrepid, and elo- 
 ' quent. 
 
 6s- ' The forces of the realm muft be imme- 
 
 * diately regulated by the commander in chief; 
 
 * the aflual infliftion of punifhment, by the ofE- 
 ' cars of criminal juflice ; the treafury and the 
 
 * country, by the king himfelf; peace and war> 
 
 * by the ambaflador; 
 
 66. ' For it is the ambafTador alone, who 
 
 * unites, who alone disjoins the united; that is, 
 
 * he tranfads the bufinefs, by which kingdoms 
 f are at variance or in amity. 
 
 67. ' In the tranfadion of affairs let the am- 
 ' bafTador comprehend the vifible figns and hints, 
 
 * and difcover the a£ts, of the foreign king, by 
 
 * the figns, hints, and ads of his confidential fer- 
 ' vants, and the meafures, which that king wifhes 
 ' to take, by the charaSier and conduSl of his mi- 
 ' nifters. 
 
 68. ' Thus, having learned completely /row /)W 
 
 * amhajfador all the defigns of the foreign prince, 
 ' let the king fo apply his vigilant care, that he 
 ' bring po evil on himfelf. 
 
 69. * Let him fix his abode in a diflrift con- 
 ' taining open champaigns; abounding, with 
 
THE MILITARY CLASS. SOS 
 
 *:g^am ; .inhajbited chiefly by the virtuous; not 
 infeded with maladies;, beaijtiful to the fight j 
 furraundedby fubmiffive mountaineers, foreJterSf 
 or ^^gr neighbours; a country, in which the 
 fubje<Sls may Uve -at eafe. 
 
 70. f' There let him refide in a capital,; hay- 
 ing, by way of a fortrefs, a cjefert rather, more 
 tpan twenty miles round it, or a fortrefs of earth, 
 a; fortrefs of water, or of trees, a forfreis of 
 armed men, or a fortrefs of mountains. > 
 
 71. ' With^all poffible care let him fecure a 
 fortrefs of n^ountains; fpr, among; thofe juft 
 mei^tioned, a fortrefs of mountains has many 
 tranfcendent properties, . 
 
 ,72. * In the three firft.of them live wild beafts, 
 vermin, and aquatick.arjimals; in the three- 
 laft, ape§, men, and gods, in order as they are- 
 named: , : r- ; 
 
 73. ' : As enemies hurt them not in, the ih,elter 
 of their feveral abodes,' thus foes hurt not a- 
 king, who has taken refuge in his durga^ox. 
 place of difficult accefs. • 
 
 74. - One bowman, placed on a wallj is a match 
 in war for a hundred enemies ; and a hundred, 
 for ten thoufand ; therefore is a fort recom-. 
 
 'f. 
 
 75. * Let that fort be fupplied with weapons,. 
 *, vvith money, with grain, with beafts, with 
 
804 ON GOVERNMENT; OR ON 
 
 ' Brdhmens, with artificers, with engines, with 
 
 * grafs, iand with water. 
 
 76. ' In the centre of it let him raife his own 
 
 * palace, well finifhed in all its parts, com- 
 
 * pletely defended, habitable in every feafon, 
 
 * brilliant with ivhite Jiucco, furrounded with 
 
 * water and trees : 
 
 77. ' Having prepared it for his manfion, let 
 
 * him chufe a confort of the fame clafs with him- 
 
 * felf, endued with all the bodily marks of excel- 
 
 * lence, born of an exalted race, captivating his 
 
 * heart, adorned with beauty and the beft qua- 
 
 * lities, 
 
 78. ' He mull appoint alfo a domeftick prieft, 
 
 * and retain a performer of facrifices, who may 
 ' folemnize the' religious rites of his family, and 
 
 * thofe performed with three facred fires. 
 
 79. ' Let the king make facrifices, accompa- 
 
 * nied with gifts of many different kinds ; and, 
 ' for the full difcharge of his duty, let him give 
 ' the Brdhmens both legal enjoyments and mo- 
 
 * derate wealth. 
 
 80. ' His annual revenue he may receive 
 
 * from his whole dominion through his collec- 
 
 * tors ; but let him in this world obferve the di- 
 ' vine ordinances; let him aft as a father to his 
 
 * people. 
 
 8 1 . ' Here and there he mull appoint many 
 
THE MILITARY CLASS. '305 
 
 * forts of intelligent fupervifors, who may infped 
 
 * all the ads I of the officers engaged in his bu- 
 
 * linefs. 
 
 82. ' To BrdJjmens returned from the man- 
 ' fiofts of their preceptors, let him fhow due 
 
 * refpedl ; for that is called a precious unperifh- 
 ' able gem,-<iepofited by kings with the facer,(iotal 
 
 * clafs: "■' 
 
 83. ' It is a gem, which neither thieves or 
 
 * foes take away j which never perifhes : kings 
 
 * muft,' therefore, depofit with Brd^mens tka.tm- 
 ' deftruftible j ewel of refpedlful prejents. 
 
 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 
 
 * confiimed. 
 
 85. ' A gift to one not a Brdhmen produces 
 
 * fruit of a middle ftandard ; to one, who calls 
 
 * himfelf a Brahmen, double; to a well read 
 
 * '^rdhmen, a hundred thoufand fold ; to one, 
 ' who has read all the Vedas, infinite - 
 
 86. ' Of a gift, made with faith in the Sdpa, 
 
 * to a/perfon highly defending it, the giver fhall 
 
 * indubitably gain the fruit after death^^ be the 
 
 * prefent fmall or great. " 
 
 87. • A KING, while heproteds his people, 
 
 * bieing defied by an enemy of equal, greater, or 
 ' lefs force, muft by no means turn his face from 
 
 VOL. V. V X 
 
&06 ON GOVERNMENT i OR ON 
 
 ' battle, but muft remember the duty of his mUr- 
 ' tary clafs : 
 
 83. ' Never to recede from combat, to pro- 
 ' teft the people, and to honour the prieftsi is 
 ' the high^fl duty of kings, and infures their fe- 
 ' licity. 
 
 89. ' Thofe rulers of the earth, who, defirous 
 ' of defeating each other, exert their utmoft 
 ' ftrength in battle, without ever averting their 
 
 * faceSj afeend after death directly to heaven. 
 
 90. * Let no man, engaged in combat, fmite 
 ' his foe with fharp weapons concealed in wood, 
 
 * nor with arrows mifchievoufly barbed, nor with 
 
 * poifoned arrows, nor with darts blazing with fire; 
 
 91. ' Nor let him m a car or on horfehaeh, 
 
 * ftrike his enemy alighted on the ground ; nor 
 
 * an effeminate man ;, nor one, who fues for life 
 
 * with clofed palms; nor one, whofehair is loofe 
 ' and obJiruSis hisjigbt; nor one, who fits down 
 'fatigued) nor one, who fays, " I am thy cap- 
 ' tive ;" 
 
 92. ' Nor one, who fleeps j nor one, who has 
 ' loft his coat of mail ; nor one, who is naked; 
 ' nor one, who is difarmed ; nor one, who is a 
 
 * fpedtator, but not a combatant ; nor one, who 
 ' is fighting with another man : 
 
 g^. ' Calling to mind the duty of honourable 
 ' men, let him never jQay one, who has broken 
 
THE MILITARY, CLASS. 307 
 
 * his weapon ; nor one, who is afflided with pri- 
 ' vateforrow; nor one, who has befen grievoufly 
 
 * wounded ; nor one, who is terrified ; nor one, 
 
 * who turns his back. 
 
 94. * The foldier, indeed, who, fearing and 
 'turning his back, happens to' be flainby his 
 
 * foes in an engagement, fhall takp upon himfelf 
 
 * all the fin of his commander, whatever it be ; 
 
 95. ' And the commander {hall take to him- 
 *" felf the fruit of all the good conduct, which the 
 ' foldier, who turns his back and is killed, had 
 ' previoufly ftored up for a future life. 
 
 ' 96. * Gars, horfes, elephants, umbrellas, ha- 
 
 * biliments, except the jewels which may adorn 
 ^ them, grain, cattle, women, all forts of li- 
 ' quids and metals, except gold and filver, are 
 *" the lawful prizes of the man w^ho takes them 
 
 * in war; 
 
 97. * But of thofe prizes the captors muft lay 
 
 * the moft valuable before the king: fuch is 
 *.the rule in the Feda concerning them; and 
 ' the king fhould diftribute among the whole 
 ' army what has not >been feparately taken. 
 
 98. * Thus has been declared the blamelefs 
 
 * primeval law for military men : from this law 
 
 * a king muft never depart, when he attacks his 
 
 * foes in battle. 
 
 99. * What he has not gained/row his foe, let 
 
 * him ftrive to gain; what he has acquired, let 
 
 X 2 
 
308 ON GOVERNMENT; OR ON 
 
 ^ him preferve with care; what he preferves, let 
 
 * him ailgment ; and M^hat he has augmented, let 
 
 * him beftow on the deferving. -?!- 
 
 loo. ' This is the fourfold rule, which, he 
 ' mull confider as the lure means of attaining 
 ' the great obje£t of man, happinefs ; and let him 
 ' practife it fully without intermiffion, without 
 ' indolence: 
 
 ID I. ' What he has not gained, let himftrive 
 
 * to gain by military ftrength; what he has ac- 
 ' quired, let him preferve by careful infpedlion; 
 ' what he has preferved, let him augment by 
 
 - ' legal modes of increafe ; and what he has aug- 
 ' mented, let him difpenfe with juft liberality. 
 
 1 02, ' Let his troops be conftantly exereifed ; 
 'his prowefs, conftantly. difplayed ; what, hr 
 ' ought ta fee ure, conftantly fecured; and the' 
 '- weaknefs of his foe, conftantly invefligated. 
 
 103. ' By a king, whofe forces are. always-, 
 ' ready, for action, the whole world may be kept 
 ' in ^we ; let him then, by a force always ready, 
 
 * mak€ all creatures living his own. 
 
 1 04.. * Let him ad: on all occafions without 
 
 * guile, and never with infmcerity ; but, keeping, 
 ' himfelf ever on his guard, let him difcover the 
 ' fraud intended by his. foe. 
 
 105. * Let not his enemy difcern his vulner- 
 ' able part, but the vulnerable part of his enemy 
 ' kt him well difcern:. like a tortoife, let' hiiii 
 
THE MILITARY CLASS. 309 
 
 * draw in his members under thejhell vf conceal- 
 
 * ment, and diligently let him repair any breach, 
 
 * that may be made in it. 
 
 1 06. ' Like a heron, let him mufe on gaining 
 ^ ^advantages; like a lion, let him put forth his 
 ' ftrength ; like a wolf, let him creep towards 
 
 * his prey ; like a hare, let him double to feciare 
 
 * his retreat. 
 
 107. 'When he thus has prepared hlmfelf for 
 
 * conqueft, let him reduce all oppdfers to fubmif- 
 
 * fion by negotiation and three other expedients, 
 
 * namely t prdfents, diviJiQn, and force of arms: 
 
 108. ' If they cannot be reftrained by the 
 
 * three firft methods, then let him, firmly but 
 ' gradually, bring them to fubjeftipn by military 
 ^ force. 
 
 109. * Among thofe four modes of obtaining 
 
 * fuccefs, the wife prefer negotiation and war for 
 
 * the exaltation of kingdoms. 
 
 1 10. ' As a hufbandman plucks oip weeds and 
 ' preferves his corn, thus let a king deftroy his 
 
 * opponents and fecure his people. 
 
 111. * That king, who, through weaknefs of 
 
 * intelle<S, raflily opprefles his people, will, to- 
 
 * gether with his family, be deprived both of 
 
 * kingdom and life : 
 
 ' i 12. * As, by the lofs of bodily fuftenance, the 
 
 * lives of animated beiiigs are deflroyed, thus, 
 
 * by the diftrefs of kingdoms, are deftroyed even 
 
 * the lives of kihgs. " , ' 
 
310 ON GOVERNMENT; OR ON 
 
 113. 'For the fake of protefting his domi* 
 
 * nions, let the king perpetually obferve. the fol-. 
 ' lowing rules ; for, by protecting his dominions, 
 ' he will increafe his own hapjiinefs, 
 
 114. ' Let him place, as the prote£tors of 
 *• his realm, a company of guards, commanded 
 
 * by an approved officer, over two, three, five, 
 
 * or a hundred diftrids, according to their extent. 
 
 115. ' Let him appoint a lord of one town 
 ' with its diftrid:, a lord of ten towns, a lord of 
 ' twenty, a lord of a hundred, and a lord of a 
 
 * thoufand. 
 
 116. * Let the lord of one town certify of his 
 ' ownaccordtothelord of ten towns zny robberies^ 
 ' tumults, or other evils, whiph arife ir^ his.diG- 
 
 * trid:, and which he cannot fupprejs j and the 
 
 * lord often, to the lo;:d of twenty: 
 
 117.' Then let the lord of twenty towns no- 
 / tify them to the lord of 3. hundred; and let the 
 
 * lord of a hundred tranfmit the information 
 ' himfglf to the Iqrd of a thoufand townfhips, 
 
 118. ' Such food, drin]s, wood, and other 9X-> 
 
 * tides, as by law ihould be given each day to 
 ' t]ie king by the inhabitants of the townfhip, 
 
 * let the lord of one towu receive as his per-i 
 
 * quijite : 
 
 119. * Let the lord of ten towns enjoy the 
 ' produce of two ploughlands, or as much ground 
 
 * as can be tilled with two ploughs, each, drawn by 
 ' Jix bulk) the lord of twenty, that of five plough-? 
 
THE MILITARY CLASS. 3U 
 
 * lands ; the lord of a hundred, that of a village 
 ' or fmall town j the lord of a thoufand, that of 
 
 * a large town. 
 
 1 20. ' The affairs of thofe townfiips, either 
 ,' jointly or feparately tranfadted, let another mi- 
 
 * nifter of the king infped:; who fhould be well 
 
 * affeffced, and by no means remifs. 
 
 121. * In every large town or city, let him 
 
 * appoint one fuperintendent of all affairs, ele- 
 
 * vated in rank, formidable in power, diflin- 
 
 * guifhed as a planet among flars : 
 
 122. * Let that governor from time to time 
 ' furvey all the reft in perfbn, and, by means of 
 
 * his emiffaries, let him perfectly know their con- 
 
 * du6l in their feveral diftridts. 
 
 123. * Since the fervants of the king, whom 
 ^ he has appointed guardians of diftridts, are ge- 
 
 * fflerally knaves, who feize what belongs to other 
 
 * men, from fuch knaves let him defend his 
 
 * people : 
 
 1 24. * Of fuch eviiminded fervants, as wring 
 
 * wealth from fubjedbs attending them on bufi- 
 
 * nefs, let the king confifcate all the poflfeffions , 
 
 * and banifh them from his realm. 
 
 1 25. ' For women, employed in the fervice 
 ' of the king, and for his whole fet of menial 
 
 * fervants, let him daily provide a maintenance, 
 
 * in proportion to their ftation and to their 
 
 * work : 
 
312 ON GOVERNMENT ; OR ON 
 
 1 26. ' Onepana of cojpper muft be given each 
 ' day as .wages to the loweft fervant, with two 
 
 * cloths /or apparel every half year,' and a droi^ 
 
 * of grain every month ; to the higheft muji be 
 ' given wages in the ratio of fix to one. 
 
 127. 'Having afcertained the rite$ of pur- 
 ' chafe and fale, the length of the wayi the fex- 
 ' pences of food ^.nd of condimeiats, thfe charges 
 
 * of fecuring the goods carried, and the neat pro- 
 
 * fits of trade, let the king oblige traders to pay 
 ' taxes on their faleahle commodities : 
 
 138. 'After full confideration, let a king fa 
 
 * levy thofe taxes continually in his dominions, 
 ' that both he and the merchant may receive a 
 
 * juft compenfation for their feveral ad:s. 
 
 129. ' As "the leech, the fuckling calf, and 
 ' the bee, take their natural food by little and 
 
 * little, thus muft a king dra\V -from his domi- 
 , * nions an annual revenue, 
 
 130. 'Of cattle, of gems, of gold and filver, 
 ' added each year to the capital Jlock, a fiftieth 
 ' part may be taken by the king ; of grain, an 
 
 * eighth part, a fixth, or a twelfth, according t&, 
 
 * the difference ofthejoil, and the labour necejfary 
 
 * to cultivate it. 
 
 131. ' He may alfo take a fixth part of the 
 ' clear annual increafe of trees, fiefhmeat, honey, 
 ' clarified butter, perfumes, medical fubftanccs^- 
 ' Ucjuids, flowers, roots, nnd fruit, 
 
THE MILITARY CLASS. 313 
 
 132. * Of gathered leaves, potherbs, grafs, 
 
 * Utenfils made with leather or cane, earthen pots, 
 ' and all things made of ftone, 
 
 133. ' A king, even though dying zvith wanty 
 ' muft nat receive any tax from a Brahmen 
 ^ learne4 in the Fedas, nor fufFer fuch a Brahmen, 
 ' refiding in his territories, to be afflided with 
 
 * hunger: 
 
 134. * Of that king, in whofe dominion a 
 f learned Brahmen is afflided with hunger, the 
 ' whole kingdom will in a fhort time be afflifted 
 
 * with famine. 
 
 135. ' The king, having afcertained his know- 
 
 * ledge of fcripture and good morals, muft allot 
 ' him a fuitable maintenance^ and prote£t him 
 
 * on all fides, as a father proteds his own fon : 
 
 136. * By that religious duty, which fuch a 
 
 * Brahmen performs each day, under the full pro- 
 ^ te£tion of the fovereign, the life, wealth, and 
 ' dominions of his protedor fhall be greatly in- 
 
 * creafed. 
 
 ,, 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 fubfift 
 ' hj petty traffick: 
 
 138. 'By k)w handicraftfmen, artificers, and 
 ' fervile men, who fupport themfelves by labour, 
 ' the king may caufe work to be done for a day 
 '. in €ach m^nth. 
 
314 ON GOVERNMENT ; OR ON 
 
 139. ' Let him not cut up his own root iy 
 
 * taking no revenue, nor the root of other men by 
 ' excefs of coVetoufnefs ; for, by cutting up his 
 ' own root and theirs, he makes both himfelf and 
 
 * them wretched. 
 
 ' 140. 'Let himoconfidering the diverftty of > 
 
 * cafes, be occafionally fharp and occajtonally mild, 
 
 * fince a king, duly fharp andi mild, becomes 
 ' univerfally approved. 
 
 141. ' When tired of overlooking the affairs 
 
 * of men, let him aflign the ftation offuch an in- 
 *■ fpeStor to a principal minifter, who well knows 
 
 * his duty, who is eminently learn-ed, whofe p^t 
 ' fions are fubdued, and whofe birth is exalted. 
 
 142. ' Thus muft he proted: his people, dif- 
 'charging, with great exertion and without lan- 
 
 * guor, all thofe duties, which the law' requires 
 
 * him to perform. 
 
 143. ' That monarch, whofe fubjefts are car- 
 
 * ried from his kingdom by ruffians, while they 
 ' call aloud for protection, and he barely looks on 
 ' them with his minifters, is a dead, aiid not a 
 ' living, king. 
 
 144. ' The higheft duty of a military man is 
 
 * the defence of his people, arid the king, who' 
 ' receives the confideration juft mentioned, is 
 ' bound to difcharge that duty. 
 
 145. * Having rifen in the laft watch of the' 
 ' night, his body being pure, and his mind atteii-. 
 
THE MILITARTf CLASS. 3^5 
 
 « tive, having made oblations to fire, and fhowa 
 ' due refpea: to the priefts, let him enter his hali 
 ' decently fplendid : 
 
 146. ' Standing there, let him gratify his fub- 
 ' jeds, before he difmifs them, with kind looks 
 
 * and words; and, having difmifled them all, let 
 
 * him take fecre't cpunci} with his principal mi- 
 ' jjifters; 
 
 147. * Afcending up the back of a mountain, 
 
 * or going privately to a terrace, a bower, a fo- 
 ' reft, ora lonely place, without lifteners, let him 
 
 * eonfult with them unobferved. 
 
 148. ' That prince, of whofe weighty fecrets 
 ' all aflemblies of men are ignorant, fhall attain 
 ' dominion over the whole earth, though atjirjl 
 ' he poflefs no treafure. 
 
 149. ' At the time of confultation, let him 
 *. remove the ftupid, the dumb, the blind, and the 
 ' deaf, talking birds, decrepit old men, women, 
 
 * And ipfidels, the difeafed and the maimed ; 
 
 J 50. 'Since thofe, who are difgraced in this 
 ' life by reafon of Jins Jormerly committed^ are apt 
 
 * to betray fecret council; fo are talking birds; 
 ' and fo above all are women: them he muft, for 
 
 * that reafon, diligently remove. 
 
 151. • At nooi;i or at midnight, when his fa- 
 
 * tigues have ceafed, and his cares are difperfed, 
 
 * let him deliberate, with thofe minifters or alone,, 
 
 * pi) vjrt^e, lawful pleafure, and wealth ; ' 
 
ne ON GOVERNMENT; OR -ON 
 
 152. ' On the means of reconciling the ac- 
 
 * quifition of them, when they opppCe each 
 
 * other ; on beftowing his daughters in -marriage, 
 
 * and on preferving his fons fro?n evil by the beji 
 
 * education; 
 
 153. ' On fending ambaffadors and meffen- 
 
 * gers ; on the probable ^events of his meafures; 
 ^ on the behaviour of his women in the private 
 « apartment ;- and on the adls even of his own 
 ' .emiflaries. ' ' ■ 
 
 154. ' On the whole eightfold bufmefs of kings, 
 
 * relating to the revenue, to their expences, to 
 ' the good, or bad condudl of their minifters, to 
 
 * legiflation in dubious cafes, to civil and crimi- 
 
 * nal juftice, and to expiations for crimes, let 
 ' him refie£t with the greateft attention ; on his. 
 
 * five forts of fpits, or adlive and artful youths, 
 
 * degraded anchorets, diftrefled hufbandmen, de^ 
 ' cayed merehantsj and fi^itious penitents, 
 ' whom he muft pay and fee privately ; on the 
 
 * good will or enmity of his neighbours, and on 
 
 * the ftate of the circumjacent countries. 
 
 155. ' On the conduQ: of that foreign prince, 
 
 * who has moderate ftrength equal to one ordi- 
 ' nary foe, but no match for two ; on the defigns of 
 
 * him, who is willing and able to be a conqueror; 
 
 * on the condition of him, who is pacifick, but a 
 f match even for the formerunallied; and "on that of 
 'his natwral'QnQtnj, let him feduloufly meditate; 
 
'THE MlLlTAirr CLASS. 311 
 
 156. '* Tho{e four puwirR,' who, in one word, 
 
 * are the root or principal ^rength; of the coun- 
 
 * tries round iiim, added to eight others, w/jo are 
 ' called the branches, and are as many degrees of 
 
 * allies atid opponents varioujly diflinguifhed, are 
 ' declared to be twelve chief obje£ts of the royal 
 ^confideration; 
 
 157.^ And five other heads,- namel}'-, their mi- 
 *.nifters, their territories, their ftrong holds, 
 
 * their treafuries, and their armies, being applied 
 
 * to each of thofe twelve, there are in all, toge- 
 ' ther with them, feven'ty-two foreign objefls to 
 
 * be carefitlly invejiigated, 
 
 158. ' Let the king confider as hoftile to hini 
 ' 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 thofe powers let him render fubfer- 
 ' vient to his intereft by mild meafures and the 
 ' other three expedients before mentionedyeithtT 
 ' feparate or united, but principally by valour and 
 ' policy in arms and negotiation. 
 
 16a. * Let him conftiantly deliberaite on the 
 'fix meafures of a military prince, namely, wag- 
 
 * ing war, and making peace or alliance, march- 
 ' irig to battle, and fitting encamped, diftribut- 
 *.ing his forces, and feeking the prote<3:ion of a 
 
 * more powerful monarch: ' • 
 
:siB ON GOVERI^MEUl'} OR ON 
 
 i6i. * Having confidered the ppfture 6f af- 
 
 * fairs, let him occafipnally apply to it the mea- 
 ' fure of fitting inaflive, or of marching to adliofi, 
 
 * of peace, or of virar, of dividing his force, or of 
 ' feeking proteftion. 
 
 162. 'A king muft know, that there are two 
 
 * forts of alliance and war; twO, of remaining 
 
 * encamped, and of marching ; two, likewife,. of 
 ' dividing his army, and of obtaining protedion 
 ' from another power. 
 
 163. ' The two forts of alliance, attended 
 ' with prefent and future advantages, are held 
 
 * to be thofe, when he ads in conjundion with 
 ' his ally, and when he acts apart from him. 
 
 1 64. ' War is declared to be of two forts; when 
 ' it is waged for an injury to himfelf, and when it 
 
 * is waged for an injury to-his ally, with a view to 
 ' harafs the enemy both infeafonand out of feafon. 
 
 165. ' Marching is of two forts^ when deftruc- 
 ' tive a(fts are done at his own pleafure by him- 
 ' felf apart, or when his ally attends him. 
 
 1 66. ' The two forts of fitting encamped are, 
 
 * jiiji-, when he has been gradually weakened by 
 
 * the divine power, or by the operation- of paft 
 *. fins, and, Jecondly, when, to favour his ally, he 
 
 * remains in his camp. 
 
 1 67. ' A detachment commanded by the king 
 
 * in perfon, and a detachment commanded by a; 
 
 * general officer, for the purpofe of carryingibmc^ 
 
' THE MILITARY CLASS. •SIS 
 
 ' important point, are declared by thofe, who 
 
 * well know the fix lAeafures, to be the two 
 ' modes of dividing his army. 
 
 i68. ' The two modes of feeking protedion, 
 
 * that bis powerful fupport may be proclaimed in 
 
 * all countries, are, firji, when he wiflies to be 
 ' fecure from apprehended injury, and, «^x/, when 
 
 * his enemies aftually aflail him. 
 
 169. ' When the king know^s with certainty, 
 
 * that at fome future time his force will be greatly 
 
 * augmented, and when, at the time prefent, he 
 
 * fuftains little injury, let him then have recourfe 
 ' to peaceful meafures; 
 
 170. ' But, when he fees all his fubjeds con- 
 
 * fiderably firm in ftrerigth, and feels himfelf 
 
 * highly exalted in power, let him protect his do- 
 ' minions by war. 
 
 171. ' When he perfedly knows his own 
 ' troops to be cheerful and well fupplied, and 
 ' thofe of his enemy quite the reverfe, let him 
 
 * eagerly march againft his foes ; 
 
 172. * But, when he finds himfelf weak in 
 
 * beafts of burden and in troops, let him then fit 
 
 * quiet in camp, ufing great attention, and paci- 
 ^ fying his enemy by degrees. 
 
 1 73. ' When a king fees his foes ftronger in 
 ^ aU refpedls than himfelf, let him detach a part 
 
 * of his army, to keep the enemy amufed^ and fe- 
 '■ cure, his own fafety in an inaccejjible place j 
 
320 ON GOVERNMENT; OR ON 
 
 1 74!. * But, when h'e is in all places iflailafele 
 ' by the koftile trobps, let him fpeedily feek the 
 
 * protection of a jufl and powerful monarchy 
 
 ly^. • Him, who can keep in fubjedion both 
 ' his own fubjedls and his foes, let him conftant-ly 
 ' footh by all forts of attentive refpedl, as he ' 
 ' would honour his father^ natural or fpiritual : 
 
 176. ' But if, even in that fituation, he find 
 
 * fuch protection a caufe of evil, let him alone, 
 
 * though weak, wage vigorous war without fear. 
 
 177. ' By all thefe expedients let a politick 
 
 * prince adt with fuch wifdom, that neither allies, 
 ' neutral powers, nor foes, may gain over him 
 ' any great advantage. 
 
 178. ' Perfectly let him confidef th.e ftate of 
 
 * his kingdom both aCtually prefent and proba- 
 ' bly future, with the gopd and bad parts of all his 
 *■ aClions : 
 
 179. ' That king fhall never be overcome by 
 
 * his enemies, who forefees the good and evil to 
 ' enfue from his meafures; who, on prefent oc- 
 ' Cafions, takes hisrefolution with prudent -fpeed, 
 
 * and who weighs the various events of his paft 
 ' conduct. ' i->' 
 
 180. 'Let himfo arrange all his affairs, that no 
 ' ally, neutral prince, or enemy, may obtain any 
 
 * advantage over him: this, in few words, is the 
 ' fum. of political wifdom. 
 
 181. * When the king begins his mareh 
 
THE MILITARY CLASS. 821 
 
 « againft the domains of his foe, let him gradually, 
 ' advance, in the following manner, againft the 
 
 * hoftile rhetropolis. 
 
 182. ' Let himfet out on his expedition in tlie 
 ' fine month of Margasirjha, or about the month 
 
 * of Pbdlguna and Chaitra, according to the 
 ' number of his forces, that he may find autum- 
 t nal or vernal crops in the country invaded by 
 ' him: 
 
 183. ' Even in other feafons, when he has a 
 
 * clear profpedt of victory, and when any difafter 
 ' 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 difpofition 
 ' fit for his enterprife, having provided all things 
 
 * necelTary for his continuance in the foreign 
 ' realm, and leaving feen all his fpies difpatched 
 ' with propriety, 
 
 1 85. * Having fecured the three fort of ways, 
 
 * over water J on plains, and through forejis, and 
 
 * placed his fixfold army, elephants, cavalry^ cars^ 
 
 * infantry, queers, 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 againft 
 
 * every fecret friend in the fervice of the hoftile 
 
 * princcj and againft emifTarieS; who go . and re* 
 
 VOL. V. Y 
 
322 ON GOVERNMENl^ OR ON 
 
 * turn ; for in fuch friends he may find very 
 
 * dangerous foes. 
 
 187. ' On his march let him form his^ troop?, 
 
 * either like a ftaff, or in an even column ; like a 
 
 * wain, or in a wedge with the apexforemojl : like 
 ' a boar, or in a rhomb with the van and rear 
 ' narrow and the centre broad ; like a Macara or 
 '- fea mmtjier, that is^ in a double triangle with 
 
 * apices joined -y like a needle, or in a long line; or 
 ' like the bird of Vishnu, that is, in a rhomboid 
 *■ ivith the wings far extended: 
 
 . 188. * From whatever fide he apprehends 
 
 * danger, to that fide let him extend his troops ; 
 
 * and let him always conceal hi'mfelf in the'mLdft 
 
 * of a fquaidron formed like a lotos flower, 
 
 189. * Let hinl caufe his generals and the 
 
 * chief commander under himfelf to a6l in all 
 'quarters; and from whatever fide he perceives 
 
 * a defign of attacking him, to that fide let him 
 ' turn his front. 
 
 •I 90. ' On all fides let him ftation troops of 
 ' foldiers, in whom he confides, diftinguiftied by 
 ' known colours and other marks ; who are ex- 
 
 * cellent both in fuftaining a charge and in 
 
 * charging, who are fearlefs and incapable of de- 
 
 * fertion. 
 
 191. * Let him at his pleafure order a few 
 
 * men to engage in a clofe phalanx, or a large 
 
THE MILltARY CLASS. 323 
 
 * number of warriors in loofe ranks ; and, having 
 
 * formed them in a long line like a needle, oi; in 
 
 * three divifions like a thunderbolt, let him give 
 ' orders for battle. 
 
 192. ' On a plain, let him fight with his 
 ' armed cars and horfes ; on watery places, with 
 ' manned boats and elephants ; on ground full 
 ' of trees and Ihrubs, with bows; on cleared 
 ' ground, with fwords and targets, and other 
 ' weapons. 
 
 193. ' Men born in Caruc/hetra^ near Indra- 
 ' preji'ha, in Matfya, or Firdta, in Panchdla or 
 ' Cdnyacuhja, and in Surafe'na, in the diftrid of 
 ' Mafhurd, let him caufe 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 xvithjhort ani- 
 
 * mated fpeeches ; and then, let him try them 
 
 * completely : let him know likewife, how his 
 
 * men feverally exert themfelves, while they 
 
 * charge the foe. 
 
 195. ' If he block up his enemy, let him fit 
 « encamped, and lay wafte the hoftile country ; 
 
 * let him continually fpoil the grafs, water, and 
 
 * wood of the adverfe prince. 
 
 196. ' Pools, wells, and trenches let him de- 
 « ftroy : let him harafs the foe by day, and alarm 
 ' him by night. 
 
S2* ON GOVERNMENT; OR ON 
 
 197. * Let him fecretly bring over to his party 
 
 * all fuch leaders as he can fafely bring over; 
 
 * let him be informed of all, that his enemies 
 
 * are^doing; and, when a fortunate moment is 
 
 * offered by heaven, let him give battle, pulhing 
 ' on to conquell and abandoning fear : 
 
 198. ' Yet he fhould be more fedulous to re- 
 ' duce his enemy by negotiation, by well applied 
 
 * gifts, and by creatitig divilions, ufing either all 
 ' or fome of thofe methods, than by hazarding at 
 
 * any time a decifive adtion, 
 
 199. * Since viiiory or defeat are not furely 
 ' forefeen on either fide, when two armies en- 
 
 * gage in the field : let the king then, if other ex- 
 *■ pedienis prevail, avoid a pitched battle; 
 
 200. * Biit fliould there be no means of ap- 
 
 * plying the three beforemeniioned expedients, let 
 
 * liim, after due preparation, fight fb valiantly, 
 
 * that his enemy may be totally routed. 
 
 201. * Having Conquered a country, let him 
 
 * refped the deities adored in it, and their virtii- 
 ' ous priefts ; let him aifo diftribute largeffes to 
 ' the people, and caiife a full exemption from ter- 
 
 * rour to be loudly proclaimed. 
 
 202. * When he has perfe6:ly afcertained 
 
 * the condud: and intentions of all the van- 
 ' quiflied, let him fix in that country a prince 
 
 * of the royal race, and give him prccife in- 
 ' ftru6iions. 
 
THE MILITARY CLASS. 825 
 
 C03. ' Let him eftablilh the laws of the con- 
 
 * quered nation as declared in their books j and 
 
 * let him gratify the new prince with gems and 
 
 * otber precious gifts. 
 
 ^04. * The leizxire of deflrable property, 
 
 * though it caufe hatred, &nd the donation of it, 
 ' though it caufe love, may be laudable or blame- 
 
 * able on different occafions": 
 
 205. * All this conduct of human qff'mrs is confi- 
 
 * dered as dependent on adls afcribed to the deity, 
 
 * and on a'fts afcribed to men; now the operations 
 
 * of the deity cannot be known by any intenfe- 
 
 * nefs of thought, but thofe of men may be clearly 
 
 * difcovered. 
 
 206. ' Or the viftor, confidering an ally, ter- 
 ' ritory, and wealth as the triple fruit of con- 
 ' queft, may form an alliance with the vanquifh- 
 
 * ed prince, and proceed in union with hitii, 
 ' ufing diligent circumipe£iion. 
 
 207. ' He IhouM pay due attention to the 
 
 * prince, who lijpportisd his caufe, and to 
 
 * any other prince in the circumjacent region, 
 
 * who checked that fupporter, fo that, both from 
 
 * a well-wifher and from an opponent, he may 
 
 * fecure the fruit of his expedition. 
 
 208. ' By gaining wealth and territory a 
 ' king acquires not fo great an increafe 
 *'of flrength, as by obtaining a firm ally. 
 
3?6 ON GOVERNMENT; OR ON 
 
 * who, though weak, may hereafter be pow- 
 
 * erful. 
 
 209. * That ally, though feeble, is highly efl;i- 
 
 * mable, who knows the whole extent of his du- 
 ' ties, who gratefully remembers benefits, whpfe 
 ' people are fatisfied, or, who. has a gentle nature, 
 
 * who loves his friend, and perfeyeres ir^ hif good 
 ' refolutions, 
 
 210. ' Him have the fages declared an ene- 
 
 * my hard to be fubdued, who is eminently 
 
 * learned, of a noble race, perfonally brave, dex- 
 
 * trous in management, liberal, grateful, and firrn. 
 
 ^11- 'Goodnature, knowledge of mankind^, 
 
 * valour, benignity of heart, and inceflant libq- 
 
 * rality, are the aflemblage of virtues, which 
 
 * adorn a neutral prince, whofe, aniity rpujl b,e. 
 ' courted, 
 
 312. ' Even a falubrious and fertile country, 
 ' where cattle continually increafe, let a king 
 
 * abandon without hefitation for the fake of pre- 
 
 * ferving l^imfelf : 
 
 213. * Againft misfortune, let him preferve 
 
 * his wealth; at the [expence of his wealth, 
 
 * let him preferve his wife; but let him at all 
 
 * events preferve himfelf even at the hazard of 
 
 * his wife and his riches. 
 
 214. * A wife [prince, who finds every fort 
 
 * of calamity rufliing violently upon him, lhouJ4 
 
THE MILITARY CLASS. 327 
 
 ' have recourfe to all juft expedients, united or 
 
 * feparate: 
 
 21^. ' Let him confider the bufinefs to be 
 
 * expedited, the expedients coUeftively, and 
 ' hinjifelf who niuft apply them; and, taking re- 
 
 * fuge completely in thofe three, let him ftrenu- 
 
 * pufly labou,r for his own profperity. 
 
 216. • Having confulted with his mi- 
 
 * nifters, in the manner before prefcribed, on 
 
 * all this mafs qfpublick cffairs\ having ufed ex- 
 
 * efcife becoming a warriour^ and having bathed 
 
 * ajler it, let the king enter at noon his pri- 
 
 * vate apartments for the purpofe pf taking 
 'food. 
 
 217. * There let him eat lawful aliment, pre- 
 
 * pared by fervants attached to his perfon, who 
 
 * know the difference of times and are incapable 
 
 * pf perfidy, after it has been proved innocent Iry 
 
 * certain experiments, and hallowed by texts of 
 
 * the Veda repulfive of poifon. 
 
 218. ' Together with all his food let him 
 ' fwallow fuch medical fubftances as refill 
 
 * venom ; and let him cpnftantly wear with 
 
 * attention fuch gems, as are known to repej 
 
 * it. 
 
 219. ' Let his females, well tried and atten- 
 
 * tive, their drefs and ornaments having been 
 
 * examined, leji Jome weapon Jhould be concealed _ 
 
3^8 ON GOVERNMENT; OR ON 
 
 ' in them, do h!ihx humble fervice with fans, wa- 
 ' ter, and perfumes : 
 
 220. * Thus let him take diligent cai'e,'when 
 
 * he goes, out in a carriage or on horieback, when 
 
 * he lies down to reft, when he fits, when he 
 ' takes food, when he bathes, anoints his body 
 ' with odorous ejfences, and puts on all his 
 ' habiliments. 
 
 221. * After eating, let him divert himfelf with 
 
 * his women in the recefles of his palace j and, 
 ' having idled a reafonable time, let him again 
 ' think of pubKck affairs : 
 
 222. ' When he has dreffed himfelf com- 
 
 * pletely, let him once more review his armed 
 ' men, with all their elephants, horfes, and cars, 
 
 * their accoutrements, and weapons. 
 
 223. ' At funfet, having performed his religi- 
 ' ous duty, let him privately, but well armed, in 
 
 * hisinterior apartment, hear what has been done 
 
 * by his reporters and emiffaries : 
 
 224. * Then, having difmiffed thofe informers, 
 
 * and returning to another fecret chamber, let him 
 
 * go, attended by women, to the inmoft recefs of 
 
 * bis manlion for the fake of his evening meal ; 
 
 225. ' There, having afecond time eaten a little, 
 
 * and having been recreated with mufical ftrains, 
 
 * let him take reft early, and rife refreftied from 
 
 * his labpur. ' 
 
THE MILITARY CLASS. 329 
 
 226. ' This perfect fyftem hi rules let a 
 
 * king, free from illnefs, obferve; but, whea 
 ' really afflicted with difeafe, he may intruft all 
 
 * thefe affairs to his officers.' 
 
CHAPTER THE EIGHTH. 
 
 On Judicature ; and on Lazv, Private and 
 Criminal. 
 
 1. « A KING, defirous of infpeding judi- 
 
 * cial proceedings, muft enter his court of juf- 
 
 * tice, compofed and fedate in his ,demeanour, 
 
 * together with Brdhmens and counfellors, who 
 ' know how to give him advice : 
 
 2. • There, either fitting or Handing, holding 
 
 * forth his right arm, without oftentation in his 
 ' drefs arid ornaments, let him examine the af- 
 
 * fairs of litigant parties. 
 
 3. * Each day let him decide caufes, one after 
 
 * another, under the eighteen principal titles of 
 
 * law, by arguments and rules drawn from local 
 
 * ufages, and from written codes : 
 
 4. * Of thofe titles, the firft is debt, on loans 
 
 * for confumption ; the Jecond^ depofits, and 
 ' loans for ufe ; the third, fale without owner- 
 
 * fhip; ^^g/oMr/Z>', concerns among partners; the 
 ''Jijthy fubtra(9:ion of what has been given ; 
 
 5. * Thejixth, nonpayment of wages or ljire$ 
 
ON JUDICATURE, &c. S31 
 
 * i/j^7^»mi/j, nonperformance of agreements; the 
 'eighth,, refciffion of fafe and purchafe; the ninth, 
 ' difputes between mafter and fervant ; 
 
 6. ' The tenth, contefls on boundaries; the 
 
 * eleventh and twelfth, aflault and llander ; the 
 
 * thirteenth, larceny; the fourteenth, robbery and 
 ' other violence ; the fifteenth,\ adultery', 
 
 7. * The fixteenth, altercation between man 
 i and wife, and their feveral duties ; the feven- 
 
 * teentb, the law of inheritance ; the eighteenth, 
 
 * gaining with dice and with living creatures : 
 ' thefe eighteen titles of law are fettled as the 
 
 * groundwork of all judicial procedure in this 
 
 * world. 
 
 8. ' Among men, who contend for the moft 
 ' part on the titles juft mentioned, and on a few 
 ^ mifcellaneous heads not comprifed under them, 
 
 * let the king decide caufes juftly, obferving pri- 
 ! meval law; 
 
 9. ' But, when he cannot infpedt fuch affairs 
 
 * in perfon, let him appoint, for the infped:ion of 
 
 * them, a Brahmen of eminent learning : 
 
 10. ' Let that chief judge; accompanied by 
 
 * three affeflbrs, fully confider all caufes brought 
 ' before the king, and having entered the court- 
 
 * room, let him l^t or Hand, but not move back' 
 ' wards and forwards. 
 
 11. 'Ill whatever country three Brahmen^, 
 
 * particularly fkilled in the three feveral Fedas, 
 
SSS- ON JUDICATURE; AND ON LAW, 
 
 * fit together with the very learned Brahmen ap->- 
 
 * pointed by the king, the wife call that ajfemhly 
 
 * the court of Brahma' with four faces. 
 
 12. ' WHENJuftice, halving been wounded hj 
 ' iniquity, approaches the court, and the judges 
 
 * extract not the dart, they alfo fliall be wounded 
 
 * by it. 
 
 13. * Either the court mtift not be entered by 
 *judgesy parties, and witnejjes, or law and truth 
 
 * muft be openly declared : that man is crimi- 
 
 * nal, who either fays nothing, or fays what is 
 
 * falfe or unjuft. 
 
 14- ' Where juftice is deftroyed hy iniquity, 
 
 * and truth by falfe evidence, the judges, who 
 
 * bafely look on without giving redrefs, fliall alfo 
 
 * be deftroyed. 
 
 15.' Jaftice, being deftroyed, will deftroy j 
 
 * being preferved, will preferve : it muft never, 
 
 * therefore, be violated. " Beware, Ojudge^ left 
 "juftice, being overturned, overturn both us 
 " md thyfelfr 
 
 16. * The divine form of juftice is reprefented 
 
 * as VrlflM^ or a bull, and the gods confider him, 
 
 * who violates juftice, as a Frtjhala, or one who 
 
 * flays a bull: let the king, therefore, and hia 
 
 * judges beware of violating juftice. 
 
 1 7. ' The only firm friend, who follows men 
 
 * even after death, is juftice: all others are ex- 
 t tind with the body. 
 
PRTVA^rE AND CRIMINAL. 3S5 
 
 58. * Of injuftice in decifions, one quarter falls 
 
 * on the party in the caufe ; one quarter, on his 
 
 * witneflps ; one quarter, on all the judges ; and 
 
 * one quarter on the king ; 
 
 19- ' But where he, who deferves condemna- 
 ■ tion, fhall be condemned, the king is guiitlefs, 
 
 * and the judges free from blame: an evil deed 
 ' fhall recoil on him, wh6 committed it. 
 
 20. * A Brahmen fupported only by his claft, 
 
 * and one barely reputed a. Brahmen, but without 
 
 * performing any facerdotal S.Q.S, may, at the 
 
 * king's pleafure, interpret the law to him : fo 
 
 * may the two middle claJJ'es ; but a Sudra, in no 
 ' cafe whatever. 
 
 21. ' Of that king, who ftupidiy looks on, 
 
 * while a Sudra decides caufes, the kingdom it- 
 
 * felf ihall be embarrafled, like a cow in deep 
 
 * mire. 
 
 22. ' The whole territory, which is inhabited 
 ' by a number of Sitdras, overwhelmed with 
 
 * atheifts, and deprived of Brdbmens, muft 
 
 * fpeedily perilh afflided with dearth and dif- 
 
 * eafe. 
 
 23. ' Let the kin^ or hisjudge^ having feat- 
 ,* ed himfelf on the bench, his body propeily 
 
 ' 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 caufes: 
 
334. ON JtfDiCAtURE ; AND ON LAW, 
 
 24. ' Underftanding what is expedient of iri- 
 
 * expedient, but confidering only what is law or 
 
 * not law, let him examine ull difputes between 
 ' parties, in the order of their fevefal clafles. 
 
 25. ' By external figns let him fee through 
 ' the thoughts of men ; by their voice, colour, 
 
 * countenance, limbs, eyes, and aftion : 
 
 26. ' From the limbs, the look, the motion of 
 
 * the body, the gefticulation, the fpeech, the ■ 
 ' changes of the eye and the face, are difeo- 
 
 ' vered the internal workings of the mind. 
 
 27. ' The property of a ftudent and of an 
 ' infant, whether by defcent or otherwife, let the 
 
 * king hold in his cuftody, until the owner fhall 
 
 * have ended his ftudentlhip, or until his infancy 
 ' fhall have ceafed in his Jixteenth year: 
 
 28. ' Equal care muft be taken of barren wo- 
 ' men, of women without fons, whoje hujbands 
 ' have married other wives, of women without 
 ' kindred, or whofe hufbands are in diftant 
 ' places, of widows true to their lords, and of 
 ' women afBicVed with illnefs. 
 
 29. ' Such kinfmen, as, by any pretence, ap- 
 ' propriate the fortunes of wdmen during their 
 
 * lives, a juft king muft punifh with the feverity 
 ' due to thieves. 
 
 2,6. ' Three years let the king detain the pro- 
 
 * perty of which no owner appears, after a dif- 
 ' tindl proclamation. : the owner, appearing within 
 
PRIVATE AND CRIINIINAL. . ' 335 
 
 .*the three years, may take it; but, after that 
 ' term, the king may confifcate it. 
 
 31. ' He, who 'fays « This is mine," muft 
 
 * be duly examined; and if, before he injpedi it, 
 ' he declare its form, number, and other circum- 
 ' ftances, the owner muft have his property ; 
 
 32. * But, if he {how not at what place and 
 ' time it was loft, and fpecify not its colour, 
 ' fliape, and dimenfions, he ought to be 
 ' amerced : 
 
 2,Z- ' The Jking may take a fixth part of the 
 ' property fo detained by him, or a tenth, or a 
 
 * twelfth, remembering the duty of good kings. 
 
 34. * Property loft by one man, and found by 
 ' another, let the king fecure, by committing it 
 
 * to the care of truft worthy men ; and thofe 
 
 * whom he fhall convidt of ftealing it, let him 
 ' caufe to be trampled on by an elephant. 
 
 2)S- * From the man^ who fhall fay with 
 
 * truth, " This property, which, has been kept, 
 " belongs to me," the king may take a fixth or 
 
 * twelfth part,y6r having fecured it; 
 
 ^6. ' But he, who fhall fay fo falfely, may be 
 ' fined either an eighth part of his own property, 
 
 * or elfe in fome fmall proportion to the value of 
 
 * the goods falfely claimed, a juft calculation 
 
 * having been rriade. 
 
 37. * A learned Brahmen, having found a 
 
 * treafure formerly hidden, may take it with- 
 
535 ON JUDICATURE ; AND ON LAW, 
 
 * out any dedudion ; fince he is the lord of 
 
 * all ; 
 
 38. ' But of a treafure anciently repofited un- 
 
 * der ground, which any other fubjeSi or the king 
 
 * has difcovered, the king may lay up half in 
 ' his treafury, having given half to the Brdh- 
 ^' mens. 
 
 qp. 'Ofold hoards, and precious minerals 
 
 * in the earth, the king is entitled to half by 
 
 * reafon of his general protection, and becaufehe 
 
 * is the lord paramount of the foil. 
 
 40. ' To men of all claiTes, the king muft re- 
 
 * ftore their property, which robbers have 
 ' feized; fmce a king, who takes it for hinifelf, 
 •^ incurs the guilt of a robber. 
 
 41. ' A king, who knows the revealed law, 
 
 ' muft enquire into the' particular laws of clafles, . 
 ' the laws or ufages of diftridts, the cuftoms of 
 ' traders, and the rules of certain families, and 
 
 * eftablifli their peculiar laws, if they be not repug- 
 ' ndnt to the law of God; 
 
 42. ' Since all men, who mind their owncuf- 
 
 * tomary ways of proceeding, and are fixed in 
 ' the difcharge of their feveral duties, become 
 
 * united by afFedion with the people at large, 
 ' even though they dwell far afunder. 
 
 ' 43. ' Neither the king himfelf nor his officers 
 
 * muft ever promoteiitigation; nor ever neglect 
 t a lawfuit inftituted by others. 
 
PRIVATE AND CRIMINAL. S37 
 
 44. * As a hunter traces the lair of a wounded 
 
 * beaft by thfe drops of blood ; thus let a king 
 
 * inveftigate the true pbint of juftice by delibe- 
 
 * rate arguments : 
 
 45. * Let him fully confider the nature of 
 ' truth, the ftate of the cafe, and his own perfon; 
 ' and, next, the witnefles, the place, the mode, 
 
 * and the time; firmly adhering to all the rules 
 
 * of pradiice : 
 
 46. ' What has been praftifed by good men 
 
 * and by virtuous Brdhmens, if it be not incon- 
 
 * fiftent with the legal cuftoms of provinces or 
 
 * diftrids, of claffes and families, let him efta- 
 « blifli. 
 
 47. ' When a creditor fues before him for 
 
 * the recovery of his right from a debtOr, let him 
 
 * caufe the debtor to pay what the creditor fhall 
 
 * prove due. 
 
 48. 'By whatever lawful means a creditor 
 
 * m^y have gotten pofleflion of his own pro- 
 .' petty, let the king ratify fuch payment by the 
 
 * debtor, though obtained even by compulfory 
 
 * means : 
 
 49. * By the metliation of Friends, by fuit in 
 
 * court, by artful management, or by diftrefs, a 
 
 * creditor, may recover the property lent ; and, 
 
 * fifthly, by legal force. 
 
 ^6. * That creditor, who recovers his rigtt 
 
 VOL. V. Z 
 
338 ON JUDICATURE; AND ON LAW, 
 
 * from his debtor, muft not be' rebuked by the 
 
 * king for retaking his own property. 
 
 51. ' In a fuit for a debt, which the defendant 
 
 * denieS) let him award payment to the creditor 
 
 * of what, by good evidence, he fliall prove due, 
 
 * and eka£t a fmall fine, according to the circum- 
 ^Jlances of the debtor. 
 
 52. ' On the denial of a debt, which the de* 
 
 * fendant has in court been required to pay, the. 
 
 * plaintiiF muft call a witnefs who was prefent at 
 
 * the place of the Toan, or produce other evidence^ 
 
 * as a note and the like. 
 
 ^^. ' The plaintiff, who calls a witnefs not 
 
 * prefent at the place, where the contraSl was 
 
 * madCy or, having knowingly called him, dif- 
 
 * claims him as his witnefs ; or who perceives 
 
 * not, that he afferts confufed and contradidory 
 
 * fads ; 
 
 54. * Or who, having ftated what he defigns 
 
 * to prove, varies afterwards from his cafe ; or 
 
 * who, being queftioned on a fad, which he had 
 
 * before admitted, refufes to acknowledge that 
 
 * very fa61: j 
 
 35. * Or who hasconverfed with the witnefles 
 
 * ^n a place unfit for fuch converfation ; or who 
 declines anfwering a queftiori properly put ; 
 
 * or'who departs from the court ; 
 
 K^^, * Or who, being ordered to fpeak, ftands 
 
 * mute ; or who proves not what he has alledged; 
 
PRIVATE AND CRIMINAL.^ 339 
 
 * or who knows not what is capable or incapable 
 
 * of proof; Jucb a plaintiff fhall fail in that fuit. 
 
 57. * Him, who has faid, " I have witneffes,'* 
 
 * and, being told to produce them, produces them 
 
 * not, the jiidge muft on this account declare non- 
 
 * fuited. 
 
 58. * If the pl^ntifF delay to put in his plaint, 
 
 * he may, according to the nature of the cafe, be 
 
 * corporally punifhed or juftly amerced ; and, if* 
 
 * the defendant plead not within three fort- 
 
 * nights, he is by law condemned* 
 
 59. * In the double of that fum, which the 
 ' defendant falfely denies, or on which the com- 
 
 * plainant falfely declares, fhall thofe two men, 
 
 * wilfully offending againft juftice, be fined by 
 
 * the king. 
 
 60. * When a man has been brought into 
 
 * court by a fuitor for property, atid, being called . 
 / on to anfwer, denies the debt, the caufe fhould 
 
 * be decided by the Brahmen who reprefents the: 
 
 * king, having heard three witnefles at leaft. 
 
 61. ' What fort of witnefles muft be pro- 
 
 * duced by creditors and others on the trial of 
 
 * caufes, I will eomprehenlively declare j and in 
 
 * what manner thofe witneiTes muft give true 
 
 * evidence. 
 
 62. ' Married houfekeepers, men with male 
 
 * iffue, inhabitants of the fame diftri<a, either of 
 
 * the military, the commercial, or the fervile 
 
 z 2 
 
S40 ON JUDICATURE 5 AND^ ON tAW, 
 
 ' clafs, are competent^- when polled hj the party, 
 ' to give their evidence; /i^ot any perfons indif-^ 
 '' criminately, except in .^c/j ;cafes pf uitgeney as 
 
 * will foon be. mentioned, [ : • .'i : '^i:j, 
 
 6^. ' Juft and fenfible .nien.pf >all the fcmr 
 ' claffes may be witnefles on trials ; men j wh^sknow 
 ' their whole dutyj and; dtje free from covetouf- 
 
 * nefs : but men of .an oppofite chara^te? the 
 ' judge muft reje£t.r' :, , . 
 
 64. ' Thofe- mlifl: not he admitted who have 
 ' a pecuniary intereftj;; nor familiar friends;- nor 
 *^, menial' feryants ; iior enemies ; nor menfor- 
 
 * merly perjured; nor perfons grievoufly dif-- 
 ' eafed; nor thofe, who. have committed. heinous 
 *~ offences. .-; , , 
 
 6^. * The king cannot be made a witnefs ; nof* 
 
 * CQoks^ and the like mean artificers; rior publick 
 
 * dancers and fingers ; nor a prieft of deep learn- 
 ' ing in feripture; nor a Undent in theology; 
 ' nor an anchoret fecluded from all worldly con- 
 
 * nexipns ; 
 
 66. i': Nor one wholly dependent; nor one of 
 
 * bad fame ; nor one, who follows a cruel occu- 
 ' pation ; nor one, who afts openly againft the 
 
 * law ; nor a decrepit old man ; nor a child j 
 
 * nor one man only, wilefs he be dijiinguijhed 
 ^ jar virtue ; nor a wretch of the loweft" mixed 
 
 * clafs ; nor on6, who has loft the organs of 
 
 * fenfe ; 
 
PRIVATE AMD CRIMINAL. 341 
 
 6-/l.:^$^Qx: one extrfemely grieved; nor one 
 
 * intoxicated ; nor a madman; nor one tormented 
 ^ with hunger or third; nor one opprefled by 
 
 * fatiguie ; nor one excited by luft ; nor one in^ 
 
 * flamed by wrath; nor one who has:b£en con- 
 
 * vided of theft. 
 
 68. ' Women ihould regularly be witnefles for 
 
 * women ; twiceborn men, for men alike twice- 
 
 * born ; good fervants and mechanicks, for -fer- 
 "* vants and mechanicks ; and thofe of the loweft 
 
 * race, for thofe of the loweft; 
 
 69* * But any perfon whatever, who has po- 
 
 * fitive knowledge of tranfftSlions in the private 
 
 * apartments of a houfe, or in a foreft, or at a 
 
 * time of death, may give evidence between the 
 
 * parties : 
 
 70. * On failure of witnejfes duly qualified^ 
 
 * evidence may infuch cafes be given by a wo- 
 
 * man, by a child, or by an aged man, by a pu- 
 
 * pil', by a kinfman, by a flave, or by a hired 
 
 * feryant ; 
 
 71. ' Yet of children, of old men, and of the 
 
 * difeafed, who are all apt to fpeak untruly, the 
 'judge muft confider the teftimpny as weak; 
 
 * and, much inore, that of men with difordered 
 ' minds: 
 
 72. * In all cafes of violence, of theft and adul- 
 
 * tery, of defamation and aflault, he muft not 
 
342 ON JUDICATURE; AND ON LAW, 
 
 •examine too ftri£tly the competence of wit- 
 
 * nefles. 
 
 73. * If there be contradidlory evidence, let 
 
 * the king decide by the plurality of credible wit- 
 
 * nefles 5 if equality in number, by fuperiority in 
 
 * virtue; if parity in virtue, by the teftimony, of 
 
 * fuch twiceborn men, as have bell performed 
 
 * publick duties. 
 
 74. ' Evidence of what has been feen,' or of 
 
 * what has been heard, as Jlander and the like^ 
 
 * given by thofe who faw or heard it, is admif- 
 
 * fible; and a witnefs, who fpeaks truth in thofe 
 
 * cafes, neither deviates from virtue nor lofes his 
 ' wealth : 
 
 75. ' But a witnefs, who knowingly fays any 
 
 * thing, before an aflembly of good men, different 
 
 * from what he had feen or heard, fhall fall head-? 
 
 * long, after death, into a region of horrour, and 
 
 * be debarred from heaven. 
 
 76. * When a man fees or hears any thing, 
 ^ without being then called upon to atteft it, yet, 
 
 * if he be afterwards examined as a witnefs, he 
 
 * muft declare it, exadly as it was feen, and as 
 
 * it was heard. 
 
 77. ' One man, untainted with covetoufnefs 
 
 * and other vices^ may in fome cafes be the fole 
 
 * witnefs, and will have more weight than many 
 
 * women becaufe female underftandings are apt 
 
PRIVATE AND CRIMINAL. 343 
 
 * to waver; or than many other men, who ha^e 
 
 * been tarnifhed with crimes. 
 
 78. * What witnefles declare naturally, or 
 ^without bias, muft be received on trials; but 
 
 * what they improperly fay, from fome unna- 
 ' tural bent, is inapplicable to the purpofes of 
 ' juftice. 
 
 79. ' The witnefles being alTembled in the 
 
 * middle of the courtroom, in the prefehce of the 
 
 * plaintiff and the defendant, let the judge ex- 
 
 * amine them, after having addrefled them all 
 
 * together in the following manner : 
 
 80. *' What ye know to have been tranf- 
 ** aded in the matter^before us, between the 
 " parties reciprocally, declare at large and with 
 *' truth ; for your evidence iq this caufe is re- 
 " quired." 
 
 81. * A witnefs, who gives teftimony with 
 
 * truth, fhall attain exalted feats of beatitude 
 
 * above, and the higheft fame here below: fuch 
 
 * teftimony is revered by Brahma'' himfelf. 
 
 82. * The witnefs, whofpeaksfalfely, ihall be 
 
 * faft bound under water^ in the fnaky cords of 
 
 * Varuna, and be wholly deprived of power 
 
 * to efcape torment during a hundred tranfmigra- 
 
 * tions ; let mankind, therefore, give no falfe tef- 
 ' timony. 
 
 83. * By truth is a witnefs cleared from fm; 
 ' by truth is juftice advanced : truth muft. 
 
344. ON JUDICATURE ; AND ON I,AW, 
 
 •therefore, be fpoken by wituefles of every 
 
 * clafs. 
 
 84. * The foul Itfelf is its own vv^itnefs; the 
 
 * foul itfelf is its own refuge : offend not thy 
 
 * confcious foul, the fupreme internal witnefs of 
 
 * men! 
 
 85. ' The finful have faid in their hearts; 
 *' None fees us." Yes; the gods diftin611y fee 
 
 * them ; and fo does the fpirit within their 
 ' breafts. 
 
 S6. * The guardian deities of the firmament, 
 
 * of the earth, of the waters, of the human heart,' 
 
 * of the moon, of the fun, and of fire, of punifh- 
 
 * ment after death, of the winds, of night, of both 
 
 * twilights, and of juftice, perfe611y knpw the ' 
 
 * ftate of all fpiritS' clothed with bodies. 
 
 87. * In the forenqon let the judge, being pu- 
 
 * rifled, feverally call on the twiceborn, being 
 
 * purified alfo, to declare the truth, in the pre- 
 
 * fence of fome image a Jymbol of the divinity, 
 
 * and of Brdhmens, while the witneffes turn their 
 ' faces either to thfe north or to the eaft. 
 
 88. ' To a Brahmen he muft begin with fay- 
 
 * ing, " Declare;" to a CJJmtriya, with faying, 
 *' Declare the truth ;" to a Faifya., with com- 
 ' paring perjury to the crime of Healing kincj 
 
 * grain, or gold; to a Sudra^ with comparing it 
 
 * in fome or all of the following fentemes, to every 
 
 * crime, that men can commit. 
 
PRIVATE AND CRIMINAL, §45 
 
 «:&9.' " Whatever places of torture have 
 " been prepared for the flayer of a prieft, for the 
 " murderer of a woman or of a ghild, for the in^ 
 *' jiirer of a friend, and for an ungrateful, man, 
 *' thofe places are ordained for a witnefs, who 
 " gives falfe evidence. 
 
 90. " The fruit of every virtuous a£t, which 
 ** thou haft done, O good man, fmce thy birth, 
 " fhall depart from thee to dogs^ if thou deviate 
 *' in fpeech from the^ truth. 
 
 91. " O friend to virtue, that fupreme fpirit, 
 *' which thou believeft one and the fame with thy- 
 *' felf, refides in thy bofom perpetually, and is an 
 *' allknowing infpedor of thy goodnefs or of thy 
 *' wickednefs. 
 
 92. " If thou be^ft not at variance, by fpeak- 
 " ^^Sf^lf^b' ""^^^^ Yam A, or the fubduer of all, 
 " with Vaivaswata, or, the puniiher, with 
 *' that great divinity, who dwells in thy breaft, go 
 *' not on a pilgrimage to the jiver Ganga, nor to 
 " the plains of Curu, for thou hajl no need of 
 *'• expiation. 
 
 93. " Naked and fhorn, tormented with 
 *' hunger and thirft, and deprived of fight, fhall 
 *' the man, who gives falfe evidence, go with a 
 *' potfherd to beg food at the door of his enemy, 
 
 94. " Headlong, in utter darknefs, fhall the 
 " impious wretch tumble into hell, who, being 
 " interrogated in a judicial inquixy, anfwersqne 
 *' queflion falfely. 
 
S46 ON JUDICATURE; AND ON LAW, 
 
 95. * He, who in a court of juftice gives an 
 *' imperfect account of any tranfaftion, or aflerts 
 *' a fad of which he was no eyewitnefs, fhall re- 
 *' ceive pain injlead of pleafure, and referable a 
 *' man, who eats fifh with eagermfs and fwallOws 
 *• the Iharp bones, 
 
 96. " The gods are acquainted with no better 
 *' mortal in this world, than the man, of whom 
 *' the intelligent fpirit, which pervades his body, 
 *• has lio diftruft, when he prepares to give evi- 
 " dence. 
 
 97. *' Hear, honeft man, from a jiift enume- 
 ** ration in order, how many kinfmen, in evi- 
 *' dence of different forts, a falfe witnefs kills, or 
 ** incurs the guilt of killing: ' 
 
 98. " He kills five by falfe teftimony concern- 
 *' ing cattle in general ; he kills ten by falfe tef- 
 •' timony concerning kine ; he kills a hundred 
 ** by falfe evidence concerning horfes, and a thou- 
 " fand by falfe evidence concerning the human 
 
 " race : 
 
 ti 
 
 99. " By fpeaking falfely in a caufc concern- 
 ing gold, he kills the bom and the unborn j by 
 fpeaking falfely concerning land, he kills every 
 
 *'-thing animated: beware then of fpeaking falfely 
 *' in a caufe concerning land ! 
 
 100. " The fages have held falfe evidence 
 *' concerning water, and the poffeffion or enjoy- 
 ** ment of women, equal to falfe evidence con- 
 ** ceming landj and it is equally criminal in, 
 
PRIVATE AND CRIMINAL. 347 
 
 ** caufes conciemlng pearls and other precious 
 *• things formed in water, and concerning all 
 ** things made of ftone. 
 
 10 1 . " Marking well s\\' the murders, which 
 " are comprehended in the crime of perjury, de- 
 " clare thou the whole truth with precifion, as it 
 *' was heard, and as it was feen by thee." 
 
 102. * Brdhmens, who tend herds of cattle, 
 
 * who trade,. who pradtife mechanical arts, who 
 
 * profefs fda.ncirig and finging, who are hired 
 
 * fervants or ufurers, let the judge exhort and 
 ; examine as if they were Sudras. 
 
 103. ' In fome cafes, a giver of falfe evi- 
 ' dence from a pious motive, even though he 
 
 * know the truth, fhall not lofe a feat in heaven: 
 
 * fuch evidence wife men call the fpeech of the 
 
 * gods. , 
 
 104. * Whenever the death of a man, wha 
 
 * had not been a grievous offender, either of the 
 
 * fervile, the commercial, the military, or the fa- 
 
 * cerdotal, clafs, would be occafioned by true evi- 
 
 * dence, from the known rigour of the king, even 
 *<tbough the fault arofe from inadvertence or errour, 
 ^ falfehood may be fpoken : it is even preferable 
 
 * to truth. 
 
 1 05 . * Such witnejfes muft offer, as oblations to 
 
 * Saraswati', cakes of rice and milk addrefletf 
 !■ to the goddefs of fpeech ; and thus will they 
 
S48 ON JUDICATURE; AND ON LA'W*, 
 
 *" fully e?cpiate that venial fjn of benevQlent falfe-i 
 
 * hood': i 
 
 1 06. ''Or fucl^ a witnefs maj pour clarified 
 
 * butter into the holy fire^ according to the-fa- 
 
 * cred rule, hallowing it' with the texts called 
 
 * cu/hmdndd, or with thofe which relate to Va- 
 
 * RUN A, beginning with ud; or with the threes 
 
 * texts appropriated to the water-gods. 
 
 107. ' A MAN, who labours not under illnefs, 
 
 * yet comesnot to give evidence in cafes of loans 
 
 * and the like, within three fortnights after du6 
 ' Jummons, Ihall take upon himfelf the wholes 
 ' debt, and pay a tejith part of it as a fine to the 
 
 * king. 
 
 108. ' The witnefs, who has given' evidence^ 
 
 * and to whom, within feven days after, a misfor-^ 
 
 * tune happens /rom difeafe, fire, or the death of 
 
 * a kinfman, fhall be condemned to pay the debt 
 
 * and a fine. 
 
 109. * In cafes, where no witnefs can be had, 
 
 * between two parties oppofing each other, the 
 
 * judge may acquire a knowledge ofthe truth by 
 
 * the oath of the parties ; or if he cannot other" 
 
 * wife perfedly afcertain it. 
 
 no. 'By the feven great Ri/bis,' and by th^ 
 
 * deities themfelves, ,have . oaths been taken fof 
 ' the purpofe of judicial proof j and even Va- 
 
 * sisht'ha, being accufed by Viswa'mitra of 
 
PRIVATE AND CRIMINAL. 34.9 
 
 ' murder, took ah oath before the king Suda'- 
 
 * MAN, fon of PlYAVANA. 
 
 HI. * Let no man of fenfe take an oath in 
 
 * vain, that is, not in a court ofjujiice, on a trifling 
 
 * occafion ; for the man, who takes an oath in 
 
 * vain, ihall be puniflied in this life and in the 
 *■- next : ' 
 
 112. 'To vsromen, however, at a time of dal-^ 
 ' iiance, or on a propofal of marriage, in the 
 ' cafe of grafs or fruit eaten by a cow, of wood 
 
 * taken for a facrifice, dr of a prortiife made for 
 
 * thej prefervation of a Brdbmeti, it is np deadly 
 
 * fm to take a light oath. ., 
 
 113. ' Let the judge! caufe a prieft to fwear 
 ' by his veracity ; a foldier, by his horfe, or ele- 
 ' phant, and his weapons ; a merchant, by his 
 
 * kine, grain, and gold ; a mechanick or fervilc 
 ' man, by imprecating on his own heady if be 
 ^ Jpeakfalfely, all poffible crimes ; 
 
 . 114. ^ Or,ongreatoccaJions,\QX.\ivm cm^Q^^s, 
 
 * party to.holid fire, or to dive under water, or 
 
 * feverally to touch the heads of his children an^ 
 ''wife: 
 
 115. ' He, whom the blazing fire burns not, 
 
 * whom the water foon forces not up, or who 
 
 * meets with no fpeedy misfortune, mull be held 
 ' veracious in his 'teftimony on oath. 
 
 1 16. * Of the f^ge Vats Ar whom his younger 
 
S50 ON JUBICAl?UREj AND ON LAW, 
 
 * half brother formerly attacked, as thefon of « 
 'fervile womati^ the fire, which pervades the 
 ' world, burned not even a hair, by reafon of his 
 ' perfedt veracity. 
 
 117. * Whenever falfe evidence has been 
 ' given in any fuit, the king mufl: reverfe the 
 
 * judgment ; and whatever has been done, muft 
 ' be confidercd as undone. 
 
 118. ' Evidence^ given frOm covetoufnefs, 
 ' from diftradlion of mind, from terrour, from 
 ' friendfhip, from luft, from wrath, from igno- 
 
 * ranee, and from inattention, muft be held in- 
 ' valid. 
 
 1 19. * The diftin&ions of punifhment for a 
 
 * falfe witnefs, from either of thofe motives, I 
 
 * will now propound fully and in order: 
 
 •120. *Ifhe fpeak falfely through covetouf- 
 
 * nefs, he fhall be fined a thoufand panas ; if 
 
 * through diftradlion of mind, two hundred and 
 *J\ftyi ^^ ^^ loweft amercement ; if through ter- 
 
 * rour, two mean amercements ; if through 
 
 * friendfhip, four times the loweft ; 
 
 121. * If through luft, ten times the loweft 
 
 * amercement ; if through wrath, three times 
 
 * the next, or middlemoft ; if through ignorance^ 
 
 * two hundred complete ; if through inatten- 
 ' ti(^, a hundred only. 
 
 122, ' Learned men have fpecified thefe pu- 
 
PRIVATE AND CRIMINAL. 351 
 
 « nifhments, which xvere ordained by (age legifla- 
 
 * tors for perjured witnefles, with a view to pre- 
 
 * vent a failure of juftice andtoreftrain iniquity, 
 
 123. * Let a juft prince banifh men of the 
 
 * three hwer clafles, if they give falfe evidence, 
 
 * having firft levied the fine ; but a Brahmen let 
 
 * him only banifh. 
 
 124. * Menu, fon of the Selfexiftent, has 
 
 * named ten places of punifliment, which are ap- 
 
 * propriated to the three lozver ciafles ; but a 
 
 * Brahmen muft depart from the realm unhurt /a 
 
 * any one of them: 
 
 125. * The part of generation, the beily, the 
 
 * tongue, the two hands, and, fifthly, the two 
 
 * feet, the eye, the nofe, both ears, the property, 
 
 * and, in a capital cafe^ the whole body. 
 
 1 26. * Let the king, having confidered and 
 
 * afcertained the frequency of a fimikr ofence, 
 
 * the place and time, the ability of the criminal 
 
 * to pay orfuff^er, and the crime itfelf, caufe pu- 
 
 * niihment to fail on thofe alone, who deferve it. 
 
 127. ' Unjuft punifliment deftroys reputatioa 
 
 * during life, and fame after death ; it even ob- 
 ' ftrudls, in the next life, the path to heaven ; un- 
 
 * juft punifliment, therefore, let the king by all 
 
 * means avoid. 
 
 \ 128. 'A king, who inflids punifliment on 
 
 * fucl^i as deferve it not, and infli£ts no punifli- 
 
 * ment on fuch as deferve it, brings infamy on 
 
3^ ON JU^DiCATURE-, AND ON LAW, 
 
 himfelf, while he lives, and fhall iink, when he 
 dies, to a region of torment. 
 
 129. ' Firft, let him punifh by gentle admo-* 
 nition ; afterwards, by harfli reproof; thirdly, 
 by deprivation of property; after that, by cor- 
 poral pain : 
 
 136. ' But, when even by corporal puniifh- 
 ment he cannot rellrain fuch offenders, let 
 him apply to them all the four modes with 
 rigour. 
 
 131. ' Those names of copper, filver, and 
 gold weights, which are comnlonly nfed among 
 men, for the purpofe of worldly buiinefs, I will 
 nbw comprehenfively explain. 
 
 132. 'The very fmall mote, which maybe 
 difcerned in a funbeam palling through a lat- 
 tice, is the leaft vilible quantity, and men call it 
 trafarenu: 
 
 133. ' Eight of thofe trafarenus are fuppofed 
 equal in . weight to one minute poppyfeed ; 
 three of thofe feeds are equal to one black muf- 
 tardfeed ; and three of thofe laft, to a white 
 muftardfeed : 
 
 1 34. * Six white muftardfeeds are equal to a 
 middle fized barleycorn; three fuch barleycorns 
 to one radlica^ or feed of the Gun/a; five rac- 
 ticas of gcjild are one mdjba^ and fixteen fuA 
 mdjhds, One Jiiverm; 
 
 135. ' Yoxxxjuvernas make a pala-^ ten palds^ 
 
tRrVATE AND CRIMINAL. 3£3 
 
 ' a dharana; but two raSticas of filver, weighed 
 ' together, are confidered as one mAJhaca ; 
 
 136. ' Sixteen of thofe mdjhacas are a filver 
 
 * dharana, or purdna ; but a carjha, or eighty rac- 
 ' ticaSt of copper, is called a ^a«d! or carjhdpana, 
 
 137. ' Ten dharanas of filver are known by 
 
 * the name oi a. fatamdna; and the weight of fouif 
 ' fuvernas has alfo the appellation of a nijhca. 
 
 138. * Now two hundred and Mtj panas are 
 
 * declared to be the firft or low eft amercement ; 
 ' five hundred of them are confidered as the 
 
 * mean ; and a thoufand, as the higheft. 
 
 139. ' A DEBT being admitted by the de^ 
 ' fendant, he muft pay five in the hundred, as a 
 
 * fine to the king ; but, if it be denied and proved, 
 
 * twice as much: this law was ena£ted by 
 ' Menu. 
 
 140. .' A LENDER of money may take, inad- 
 ' dition to his capital, the interefi allowed by 
 
 * Vasisht'ha, that is, an eightieth part of a 
 
 * hundred, or one and a quarter, by the month,//" 
 
 * he have a pledge ; 
 
 141. ' Or, if he have no pledge, he may take 
 ' two in the hundred by the month, remeiiiber- 
 
 * ing the duty of good men : for, by thus taking 
 
 * two in the hundred^ he becomes not a finner for 
 
 * gai«. 
 
 ^ 142. ' He may thus take, in proportion to the 
 
 VOL. V. A A 
 
35* ON JUDICATURE; AND ON LAW, 
 
 ' rijky and in the direft, order df the clafTes, two 
 
 * in the hundred ^o»i a priejl, three from a fol- 
 ' dier, four from a merchant, and five from a me- 
 ' chanick, or fervile mo-n^ but never niore, as in- 
 ' tereft by the month. 
 
 143. * If he take a beneficial pledge, or a pledge 
 
 * to he ufedfor his profit, he nauft have no other 
 
 * intereft on the loan ; nor, after a great length 
 
 * of time, or when the profits have amounted to 
 ' the debt, can he give or fell fuch a pledge, 
 ' though he may affign it in pledge to another. 
 
 144. * A pledge to be kept only muft not be 
 
 * ufed by force, that s againfi canfent : the 
 ' pawnee fo ufing it muft give up his whole in- 
 ' tereft, or muft fatisfy the pawner, if it befpoiled 
 ' or worn out, by paying him the original priqe 
 
 * of it ; otherwife, he commits a theft of the 
 
 * pawn. 
 
 145. 'Neither a pledge zvitibout limit, nor a- 
 ' depofit, are loft to the; owner by lapfq of time: 
 ' they are both recoverable, though they have 
 ' long remained with the bailee. , ' 
 
 146. ' A milch cow, a camel, a riding horfe, 
 ' a bull or other beq/i, which has been fent to be' 
 
 * tamed for labour, and other things ufed with 
 
 * friendly atfent, are not loft, by length of time to 
 
 * the owner. 
 
 147. ' In general,, whaljgvf^r chattel thx; owner 
 
PRIVATE AND CRIMINAL. ^ 855 
 
 * fees enjoyed by others for ten years, while, 
 
 * though prefent, he fays nothing, that chattel he 
 
 * fhall not recover : 
 
 - 148. ' If he be fielther aft idiot, nor an infant 
 
 * under the full age of fifteen yea:rs, and if the 
 
 * chattel be adverfely poffeffed in a place, where 
 
 * he fflay fee itj his property in it is extindt by 
 
 * law, and the adverfe pofTeflbr fhall keep it. 
 
 149. * A pledge, a boundary of land, the pro- 
 ' perty of an infant, a depofit either open or in 
 
 * a cheft fealed, female flaves, the wealth of a 
 ' king, and of a learned Brahmen, are not loft in 
 
 * confequence of adverfe enjoyrtiertt. 
 
 150. * The fool, v^^ho fecretly ufes a pledge 
 ' without,- though -not againji, the affeftt of the 
 ' owner, fhall give up half of his intereft, as a 
 ' compenfation for fuch ufe. 
 
 151. ' Interest on money, received at once, 
 
 * not month by month, or day by day, as it ought, 
 ' muft never be more than enough to double the 
 
 * debt, that is ^ more than the amount of the princi- 
 ' pal paid at the fame time : on grain, on fruit, 
 
 * on wool or hair, on beafts of burden, lent to 
 ' he paid in the fame kind of equal value i 'it muft 
 ' not be more than enough to make the debt 
 ' quintuple. 
 
 152. ' Stipulated intereft beyond the legal 
 
 * rate, and different from the preceding rule, is 
 
 A A 2 
 
356 ON JUDICATURE ; AND ON LAW, 
 
 ' invalid ; and the wife call it an ufurous way (yf 
 < lending : the lender is entitled at moji to five in 
 
 * the hundred. 
 
 153. ' Let no lender yor a mouthy orfortwo or 
 
 * three months, at a certain intereji, receive fuch 
 
 * intereft beyond the year; nor any intereft, which 
 
 * is unapproved ; nor intereft upon intereft by 
 ' previous agreement ; nor monthly intereft ex- 
 ' ceeding in time the amount of the principal ; 
 ' nor intereft exa61ed from a debtor as the price of 
 ' the rijk, when there is no puhlick danger or dif~ 
 ' trefs ; nor immoderate profits from a pledge to 
 
 * be ufed by way of intereft. 
 
 154. ' He, who cannot pay the debt at the 
 ^ fixed time J and wifties to renew the contrad, 
 
 * may renew it in writing, with the creditor s 
 ' ajfent, if he pay all the intereft then due; 
 
 155. 'But if, hy.fome unavoidable accident, he, 
 ' cannot pay the whole intereft, he may infert as 
 ' principal in the renewed contract fo much of 
 
 * the intereft accrued as he ought to pay. 
 
 156. ' A lender at intereft on the rijh of Mq 
 ' carriage, who has agreed on the place and time, 
 ' fhall not receive fuch intereft, if by accident the 
 
 * goods are not carried to the place, or within the 
 ' time : 
 
 157. ' Whatever intereft, or price of the rijk^ 
 
 * {hall be fettled between the parties, by men well 
 
PRIVATE AND CRIMINAL. 357 
 
 * acquainted with fea voyages or journies by 
 ' land, with times and with places, fuch intereft 
 
 * fhall have legal force. 
 
 158. ' The mafi, who becomes furety forthe 
 
 * appearance of a debtor in this world, and piro- 
 ' duces him not, fhall pay the debt out of hij 
 
 * own property ; 
 
 159. ' But money, due by a furety, or idly 
 
 * promifed to mujicians anda&rejfes, or loft at play, 
 ' or due for fpirituous liquors, or what remains 
 
 * unpaid of a fine or toll, the fon of the furety or 
 
 * dehtor fhall not in general be obliged to pay : 
 
 1 60. ' Such is the rule in cafes of a furety for 
 ' appearance or good behaviour; but, if a furety 
 ' for payment fhould die, the judge may compel 
 
 * even his heirs to difcharge the debt. 
 
 161. ' On what account then is it, that, after 
 
 * the death of a furety other than for payment, 
 ' the creditor may in one cafe demand the debt 
 ' of the heir, all the affairs of the deceafed being 
 
 * known and proved ? 
 
 162. ' If the furety had received money from 
 ' the debtor, and had enough to pay the debt, the 
 
 * fon of him, who (a received it, fhall difcharge 
 ' the debt out of his inherited property : this is 
 
 * .a facred ordinance, , 
 
 163. 'A contrad made by a perfon intoxicat- 
 ' ed or infane, or gri'evoufly difordered, or wholly 
 ' dependent, by an infant or a decrepit qld man 
 
358 ON JUDICATURE -, AND ON LAW, 
 
 J 
 
 * or in the name of another by a perfon without 
 
 * authority, is utterly null. 
 
 1 64. ' That plaint can have no effeft, though 
 ' it may be fupported by evidence, which contains 
 
 * a-caufe of a£tion inconfiftent with pofitive law 
 
 * or with fettled ufage. 
 
 165. ' When the judge difeovers a fraudulent 
 ' pledge or fale, a fraudulent gift and acceptaiace, 
 
 * or in whatever other cafe he detedls fraud, let 
 ' him annul the whole tranfadtion. 
 
 166. ' If the debtor be dead, and if the mo-». 
 ' ney borrowed was expended for the ufe of his 
 ' family, it mult be paid by that family, divided 
 ' or undivided, out of their own eilate. 
 
 167. ' Should even a flave make a contradt 
 ' in the name of his ahfent majter for the behoof of 
 ' the family, that rnafter, whether in his own 
 
 * country or abroad, Ihall not refqind it. 
 
 i 68 . ' What is given by force to a man who 
 ' cannot accept it legally, what is by force en^ 
 
 * joyed, by force caufed to be written, and all 
 ' other things done by force or againji free cmh- 
 *• fent. Menu has pronounced void. 
 
 169. ' Three are troubled by means of others, 
 
 * namely witnefles, fureties, and infpedtors of 
 ' caufes, and four coiled, wealth flowly, with be-. 
 ' neiit to others, a Brahmen, 9, moneylender, a 
 ^ merchant, and a king. 
 
 i^Q. ' Let no king, how iadigeat . foever. 
 
PRIVATE AND CRIMINAL. , 359 
 
 .* take anything,' which ought not to be takeri; 
 
 * nor let him, how wealthy foevef , decline taking 
 
 * that, which he ought to take, be it ever fo 
 ' fmalh 
 
 171. 'By taking what ought not to be takeii, 
 
 * and by refufing what ought to be received, the 
 ' king betrays his own weaknefs, and is loft both 
 
 * in this world and in the next; 
 
 172. ' But by taking his due, by adminifteririg 
 
 * juftice, and by proteding 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, 
 ' refigning what may be pleafing or unpleafmg 
 ' to himfelf, live by the ftridt rules of YamA, 
 ' his anger being reprefled, and his organs kept 
 
 * in fubjedtion. 
 
 174. * That evilminded king, who, through 
 ' infatuation, decides caufes with injuftice, his 
 ' enemies, through the difaffeSlion of his people, 
 
 * quickly reduce to a ftate of dependence ; 
 
 175. • But him, who fubduing both luft and 
 
 * wrath, examines caufes with juftice, his people 
 
 * riatitrally feek, as rivers the ocean. 
 
 176. * The debtor, who complains before the 
 ' king, that his creditor has recovered the debt by 
 ' his own legal adl, as before-mentioned, fhall be 
 « compelled by the king to pay a quarter of the 
 
360 ON JUDIGATUEE; AND ON LAW, 
 
 ' fum as a fine ^ and the creditor fliall be left in 
 ' pofleffion of his own. 
 
 1 77. . * Even by perfonal labour fhall the 
 
 * debtor pay what is adjudged, if he be of the 
 ' fame clafs with the creditor, or of a lower ; but 
 
 * a debtor of a higher clafs muft pay it according 
 
 * to his income by little and little. 
 
 178. ' By this fyftem of rules let the king de- 
 
 * cide, with equal juftice, all difputes between 
 ' men oppofing each other, having afcertained 
 ' the truth by evidence or the oaths of the 
 
 * parties. 
 
 179. * A SENSIBLE man fhould make a de- 
 ' pofit with fome perfon of high birth, and of 
 
 * good morals, well acquainted with law, habi- 
 
 * tually veracious, having a large family, wealthy 
 ' and venerable, 
 
 1 80. ' Whatever thing, and in whatever rtian:. 
 
 * ner, a perfon fhall depofit in the hands of an- 
 ^ other, the fame thing, and in the fame manner, 
 
 * ought to be received back by the owner ; as 
 
 * the delivery zvas, fo muft be the receipt. 
 
 181. ' He, who reftores not to the depofitor, 
 
 * on his requeft, what h^s been depofited, may 
 ^ firft be tried by th.ejudge in the following man" 
 
 * ner, the depofitor himfelf being abfent. 
 
 182. ' On failure of witnefTes, let the judge 
 f ja<^ually depofit gold, or precious things, witl^ 
 
PRIVATE AND CRIMINAL. 361 
 
 * tlie defendant by the artful contrivance of fpies, 
 
 * who • have paflbd the age of childhood, and 
 
 * whofe perfons are engaging: 
 
 183. * Should the defendant reftore that de- 
 ' pbfit in the manner and fhape, in which it wks 
 
 * bailed by the fpies, there is nothing in his hands, 
 ' for which others can juftly accufe him ; 
 
 1 84^ ' But if he reftore not the gold, or pre- 
 
 * cious. things, as he ought, to thofe emiffaries, 
 ' let him be apprehended and compelled to pay 
 "* the value of both depofits : this is a fettled rule. 
 
 185. ' A depofit, whether fealed up or not, 
 ' fliould never be redelivered, while'the depofitor 
 ' is alive, to his heir apparent or prefumptive : 
 
 * both forts of depofits, indeed, are extin£t, or 
 
 * cannot be, dematided by the heir, if the depofitor 
 
 * die, in tlmt cafe; but not, unlefs he die, for, 
 '■ fhould the heir apparent keep them, the depofitor 
 
 * himfelf may fue the bailee: 
 
 186. ' But, if a depofitary by his own free 
 
 * ad fhall deliver a dcpofit to the heir of a de- 
 
 * ceafed bailor, he muft not be haraffed with 
 
 * claims of afmilar kind, either by the king, or 
 ' by that heir ; 
 
 187. 'And, if fimilar claims be made, the king 
 ' muft decide the queftions after friendly admo- 
 ' nition, without having recourfe to artifice ; for, 
 ' the honeft difpolition of the m^n being proved, 
 
 * the judge muft proceed with mildnefs. 
 
S62 ON JUDICATURE -, AND ON LAW, 
 
 1 88. ' Such is the mode of afcertaining the 
 
 * right in all thefe cafes of a depofit : in the cafe 
 
 * of a depofit fealed up, the bailee fhall incur no 
 
 * cenfure on the redelivery, unlefs he have altered 
 ' the feal or taken out fomething. 
 
 1S9. * If a depofit be feized by thieves, or de^ 
 
 * Jlroyed by vermine, or w^afhed away by vyater, 
 
 * or confumed by fire, the bailee fhall not be ob- 
 ' liged to make it good, unlefs he took part of 
 ' it for himfelf. 
 
 190. ' The defendant, who denies a depofit, 
 ' and the plaintiff, who aflerts it, let the king try 
 
 * by all forts of expedients, and by the modes of 
 ' ordeal prefcribed in the Veda, 
 
 191. ' He, who reftores not a thing really de- 
 
 * pofited, and he, who demands what he never 
 
 * bailed, fhall both, for a Jecond offence ^ be pu- 
 
 * nilhed as thieves, if gold, pearls, or the like he de^ 
 
 * manded; or, in the cafe of a trifling demand, fhall 
 
 * pay a fine equal to the value of the thing claimed: 
 
 192. ' For the firfl offence, the king fhali 
 ' compel a fraudulent depofitary, without any 
 
 * diflindion between a depofit under feal or open, 
 ' to pay a fine equal to its value. 
 
 193. ' That man, who, by falfe pretences, 
 
 * gets into his hands the goods of another, fhall, 
 ' together with his accomplices, be punifhed by 
 
 * various degrees of whipping or mutilation, or 
 
 * even by death. 
 
PRIVATE AND CRIMINAL. S6S 
 
 194. ' Regularly, a depofit Ihall be produced, 
 ' the fame in kind and quantity as it was bailed, 
 ' by the lame and to the fame perfon, by 
 ' whom andfr om v^hom it was receivedand be- 
 fore the fame company, who were witneffes to 
 
 « the depofit: he who produces it in a different 
 
 * manner, ought to be fined; 
 
 195. ' But a thing, privately depofited, ihould 
 ' be privately reftored by and to the perfon, by 
 ' and from whom it was received : as the bail- 
 ' ment was, {ojhouldbe the delivery, according to 
 *■ a rule in the y^dsi. 
 
 196. ' Thus let the king decide caufes con- 
 
 * cerning a depofit, or a friendly loan for ufe, 
 
 * without Ih owing rrigour to the depofitary, 
 
 197. 'Him, who fells the property of another 
 
 * man, without the aflent of the owner, the 
 
 * judge fliall not admit as a competent witnefs, 
 
 * but fhall treat as a thief, who pretends that he 
 ' has committed no theft : 
 
 198. ' If, indeed, he be a near kinfman of the 
 
 * owner, he fhall be fined fix hundred panas ; but, 
 'if he be neither his kinfman nor a claimant 
 ' under him, he commits an offence equal to 
 
 * larceny. 
 
 199. ' A gift-or fale, thus made by any other 
 ' than the true owner, muft, by a fettled rule, 
 ' be confjdered^ in judicial proceedings, as not 
 
 * mad?. 
 
364 ON JUDICATURE ; AND ON LAW, 
 
 2bo. ' Where occupation for a time fhall be 
 
 * proved, but no fort of title fhall appear, thefale 
 
 * cannot befiipported: title, not occupation, is ef- 
 ' fential to its fupport ; and this rule alfo is 
 
 * fixed. 
 
 20 1. ' He, who has received a chattel, by pur- 
 
 ' chafe in open market, before a number of nien, 
 ' juftly acquires the abfolute property, by hav- 
 ' ing paid the price of it, if he can produce the 
 
 * vendor ; 
 
 202. ' But, if the vendor be not producible, 
 
 * and the vendee prove the publiek fale, the latter 
 ' rauft be difmiffed by the king without pu- 
 ' nifhment; and the former owner, who loft the 
 ' chattel, may take it back on paying the vendee 
 ' haf its value. 
 
 203. ' One commodity, mixed with another, 
 ' fhall never be fold as unmixed; nor a bad com- 
 ' modity, as good ; nor lefs than agreed on ; nor 
 ' any thing kept at a diftance or concealed, leji 
 
 * fame defeSt in itfiould be difcovered. 
 
 204. ' If, after one damfel has been fhown, 
 
 * another be offered to the bridegroom, who had 
 ' piirchafed leave to many her from her next kinf- 
 ' man, he may become the hufband of both for 
 
 * the fame price : this law Menu ordained. 
 
 205. ' The kinfman, ,who gives a damfel in 
 ^ marriage, having firft openly told her blemifhes, 
 ' whether fhe be infane, or difordered with ele- 
 
PRIVATE AND CRIMINAL. S6S 
 
 * phant'iafis, or defiled by connexion with a man, 
 ' fliall fufFer no punifhment. 
 
 206. ' If an officiating prieft, adually engaged 
 ' in a facrifice, abandon his work, a fliare only, 
 
 * in proportion to his work done, fhall be given 
 
 * to him by his partners in the bufinefs, out of 
 ' their common pay: 
 
 207. ' But, if he difcontinue his work without 
 'fraud, after the time of giving the facrificial 
 
 * fees, he may take his full fhare, and caufe v^rhat 
 
 * remains to be performed by another prieft. 
 
 208. ' Where, on the performance of folemn 
 ' rites, a fpecifick fee is ordained for each part of 
 ' them, fhall he alone, who performs that part, 
 ' receive the fee, or fhall all the priefts take the 
 ' perquifites jointly ? 
 
 209. * Atfome holy rites, let the reader of the 
 
 * Tajurveda take the car, and the Brahma, or fu- 
 ' perintending prief]:, the horfe ; or, on another 
 ' occqfion^ let the reader of the R^gveda take the 
 ' horfe, and the chanter of the Sdmaveda receive 
 ' the carriage, in which the purchafed materials 
 
 * of the facrifice had been brought. 
 
 210. 'A hundred coivs being dijiributable 
 
 * among fixteenpriefiSy the four chief, or firjlfet, 
 
 * are entitled to w^ar half, or forty -eight; the next 
 
 * four, to half of that number; the third fet, to 
 ' a third part of it ; and the fourth fetj to a quar- 
 
 * ter : 
 
S6S ON JUDICATURE; AND ON LAW, 
 
 21 r. ' According to this rule, or in pfaportion 
 
 * to the zvork, muft allotmeitts of fhares be giy^ii 
 
 * to men here below, who, though in conjun(ftion, 
 ' perform their feveral parts of the bufmefs. 
 
 2.12. ' Should moaey or goods be given, w 
 
 * promifed as a gift> by one man to another, who 
 
 * alks it for fome religious ad, the gift fhall 
 
 * be void, if that ad; be not afterwards , per- 
 ' formed : 
 
 2.S 3. 'If the money be delivered, and the re- 
 
 * ceiver, through pride or avarice, refufe in that 
 ' cafe to return it, he fhall be fined one fuverna 
 
 * by the king, as a punifhment for his theft. 
 
 214. ' Such, as here declared, is the rule or- 
 
 * dained for withdrawing what has been given : 
 
 * I will, next, propound the law for nonpayment 
 
 * of wages. 
 
 215. ' That hired fervant or workman, who, 
 
 * not from any diforder but from indolence, fails 
 ' to perform his work according to his agree- 
 ' ment, fhall be fined eight raSlicas^ and his 
 
 * wages or hire fhall not be paid. 
 
 216. ' But, if he be really ill, and, whenre- 
 
 * ftored to health, fhall perform his work accord- 
 
 * ing to his original bargain, he fhall receive his' 
 
 * pay even for a very long time : 
 
 217. ' Yet, whether he be fick or well, if the 
 ' work ftipulated be not performed by anoth&rjor 
 
 * him or by himfelf, his whole wages are forfeited. 
 
PRIVATE AND CRIMINAL. 367 
 
 'though the work want but a little of being com- 
 ' plete. 
 
 218. ' This is the general rule concerning 
 
 * work undertaken for wages or hire : next, I 
 ' will fully declare the law concerning fuch men 
 
 * as break their promifes. 
 
 219. * The man, among the traders and other 
 ' inhabitants of a town or diftri£t, who breaks a 
 
 * promife through avarice, though he had taken 
 
 * an oath to perform it, let the king banifh from 
 
 * his realm : 
 
 220. * Or, according to circwri/iances, let the 
 
 * judge, having arrefted the promifebreaker, 
 ' condemn him to pay fix nijhcas, or four Jii- 
 ' verms, or one fatamdna of filver, or all three if 
 ' he deferve Juch a fine. 
 
 221. * Among all citizens and in all clafles, 
 
 * let a juft king obferve this rule for impofing 
 
 * fines on men, who fhall break their engage- 
 
 * ments. 
 
 222. ' A MAN, who has bought or fold any 
 '-thing in this world, that has a fixed price, and' 
 
 * is not perijhahle, as land or metals, and wifhes to 
 
 * refcihd the contra£t, may give or take back 
 ' fuch a thing within ten days ; 
 
 223. ' But, after ten days, he fhall neither 
 ' give nor take it back : the giver or the taker, 
 ' 'except by confent, fhall be fin^d by the king fix 
 ' hundfedpanas. 
 
308 ON JUDICATORE; AND ON LAW, 
 
 224. ' The Icing himfelf fhall take a fine of 
 ' ninety-fix panas from him, who gives a ble- 
 
 * milhed girl in marriage for a reward, without 
 
 * avowing her blemilh ; 
 
 225. ' But the man, who, through malignity, 
 
 * fays of a damfel, that fhe is no virgin, fhall be 
 *• fined a hundred panas, if he cannot prove her 
 
 * defilement. 
 
 226^ ' The holy nuptial texts are applied 
 ' folely to virgins, and no where on earth to 
 ' girls, who have loft their virginity ; fince thofe 
 
 * women are in general excluded from legal cere- 
 
 * monies: 
 
 227. ' The nuptial texts are a certain rule in 
 ' regard to wedlock ; and the bridal contraft is 
 
 * kilown by the learned to be complete and irre- 
 ' vocable on the feventh ftep oj the married pair, 
 
 * band in hand, after thofe texts have been pro- 
 ' nounced. 
 
 228. ' By this law, in all bufinefs whatever 
 ' here below, muft the judge confine, within the 
 
 * path of red:itude, a perfon inclined to refcind 
 
 * his contract of fale and purchafe. 
 
 229. ' I NOW will decide exactly, according 
 ' to principles of law, the contefts ufually arifing 
 *^ from the fault of fuch as own herds of Cattle, 
 ' and of fuch as are hired to keep them. 
 
 230. ' By day the blame falls on the herdf-^ 
 
 * man ; by night on the owner, if the cattle be fed 
 
iPRIVATE AND CRIMINAL. 863 
 
 * Md kept in' his own houfe ; but, if the 
 
 * place of their food and cuftody be different, the 
 
 * keeper incurs the blame. 
 
 231. 'That hired fervant, M^hofe wages are 
 
 * paid with milk, may, with the affent of the 
 
 * owner, milk the beft cow but of ten : fuch are 
 ' the wages of herdfmen, linlefs they be paid in 
 
 * a different mode. 
 
 232. ' The herdfnian himfelf Ihall make good 
 
 * the lofs of a beaft, which through his want of 
 
 * due care has ftrayed, has been deftroyed by 
 
 * reptiles, or killed by dogs, or has died by falling 
 
 * into a pit ; 
 
 233. * But he fhall not be compelled to make 
 ' it good, when robbers have carried it away, if, 
 ' after frefh proclamation and purfuit, he give 
 
 * notice to his mafter in a proper place and 
 ' feafon. 
 
 234. ' When cattle die, let him carry to his 
 
 * mafter their ears, their hides, their tails, the fkin 
 ' below their navels, their tendons, and the li- 
 ' quor exuding from their foreheads: let him 
 ' alfo point out their limbs. 
 
 .235. * A flock of goats or of fheep being at- 
 
 * tacked by wolves, and the keeper not going to 
 
 * repel the attack, heihallbe refponfible for every 
 
 * one of them, which a wolf fliall violently kill; 
 
 236. ' But, if any one of them, while they 
 •.graze together near a wood, and the fhepherd 
 VOL. v. B B 
 
S76 ON" JUDICATURE ; AND ON LAW, 
 
 * keeps them in order, fliali be fuddenly killed by 
 
 * a wolf fpringing on it, he fhall not in that cafef 
 
 * be refponfible. 
 
 i237. ' On all fides of a village or fmalltown, 
 
 * let a fpaee be left for pafture, in breadth cither 
 
 * four hundred cubits, or three cafts of a large 
 *fl:ick; aiid thrice that fpace round a city or 
 
 * confiderable town: 
 
 238. ' Within that pafture ground, if cattle 
 
 * do any damage to grain in a field uninclofed 
 
 * with a hedge, the king fhall not punifli the 
 
 * herdfman. 
 
 239. • Let the owner of the field enclofe it 
 
 * with a hedge of thorny plants. Over which a 
 
 * camel could not look ; ^nd let him flop every 
 
 * gap, through which a dog or a boar could thruft 
 
 * his head. 
 
 340. ' Should cattle attended by a herdfman, 
 
 * do mifchief near a highway, in an enclofed 
 
 * field or ,near the village, he fhall be fined a 
 
 * hundred panas ; but againfl cattle, which have 
 
 * no keeper, 'let the owner of the field fecure it. 
 
 241 . * In other fields, the owner of cattle doing 
 ' mifchief {ha.\l be fined one pana and a quarter; 
 
 * but, in all places, the value of the damaged 
 *^rain muft be paid: fuch is the fixed rule con- 
 
 * cerning a hulbandman. 
 
 242. ' For damage by a cow before ten days 
 
 * have pafled fince her calving, by bulls kept for 
 
Private and CRiMiNAL; S7i 
 
 * impreghation, and by cattle eorifecirated to the 
 » deity, whether attended or unattended^ Msnu 
 
 * has ordained no fine. 
 
 243. * if land be injured by the fault of the 
 
 * fanner himfelf, as if he fails to fow it in due 
 ' * time^ he fhall be fined ten times as much as the 
 
 V kings fliare of the crop, that might otherwife 
 
 * have been taifed\ but only five times as much, 
 
 * if it was the fault of his fervants. without his, 
 
 * knowledge. 
 
 244. ' Thefe fviles let a juft prince obferve in 
 
 * all cafes of tranfgrefEon by mailers, their cattle, 
 
 * and their herdfmen. 
 
 245. * If a conteli: arife between two viU 
 
 * lages, or landholders, concerning a boundary, 
 ' let the king, or his judge, afcertain the limits 
 ' in the month of Jyaifht'ha, when the land- 
 
 * marks are feen more diftindtly. 
 
 246. ' When boundaries flrft are ejiablifhedt 
 
 * let ftrong trees be planted on them, Fatas, 
 
 * Fippalas, Faldfas, Sdlmalis^ Salas, or Tdlast 
 
 * or fuch trees {like the Udumbara or Vajradru) 
 
 * as abound in milk ; 
 
 247. * Or cluftering (hrubs, or Fenus of difTer- 
 
 * ent forts, or Sami-trees, and creepers, or SaraSy 
 
 * and plumps of Cubjacas : and mounds of earth 
 ' Ihould be raifed on them j fo that the l^nd- 
 f mark may not eafily perilh : 
 
 ^ B B 2 
 
572 ON JUDICATURE ; AND ON LAW, 
 
 248. ' Lakes and welis, pools and ftreams,. 
 
 * ought alfo to be made on the common limits, 
 
 * and temples dedicated to the gods.> 
 
 249. * The perfons concerned, reflecting on 
 
 * the perpetual trefpalTes committed by men here 
 ' below through ignorance of boundaries, fhould 
 
 * caufe other landmarks to be concealed under 
 ' ground: 
 
 250. ' Large pieces of ftone, bones, tails of 
 
 * cows, bran, afhes, potfherds, dried cowdung, 
 
 * bricks and tiles, charcoal, pebbles, and fand, 
 
 251.* And fubftances of all forts, which the 
 ' earth corrodes not even in a long time, fhould 
 
 * be placed in jars not appearing above ground on 
 
 * the common boundary. 
 
 252. * By fuch marks, or by the courfe of a 
 
 * ftream, and long continued pofl'effion, the 
 
 * judge may afcertain the limit between the lands 
 
 * of two parties in litigation : 
 
 253. ' Should there be a doubt, even on the 
 
 * infpedion of thofe marks, recourfe muft be 
 
 * had, for the decifion of fuch a conteft, to the 
 
 * declarations of witnefles. 
 
 254. ' Thofe witnelTes muft be examined 
 
 * concerning the landmarks, in the prefence of 
 ' all the townfmen or villagers, or of both the 
 
 * contending parties : 
 
 255. * What the witnefles, thus afllembled 
 
PRIVATE AND CRIMINAL. 373 
 
 ' and interrogated, fhall pofitively declare con- 
 
 * cerning the limits, muft be recorded in writing. 
 ' together with all their names. 
 
 256. '' Let them, putting earth on tl;ieir 
 
 * heads, wearing chaplets of red flowers "and 
 ' clad in red mantles, be fworn by the reward, 
 
 * of all their feveral good adions, to give 
 
 * corredt evidence concerning the. metes and 
 
 * bounds, 
 
 ^57' ' Veracious witnefles, who give evideiicfe 
 
 * as the law requires, are abfolved from their 
 
 * fins; but fuch, as give it unjuftly, fhall each be 
 
 * fined two hundred panas. 
 
 25-8. * If there be no witnefles, let four men, 
 
 * who dwell on all the four fides of the two vil-, 
 
 * lages, makip a decifioij concerning the houRdary, 
 
 * being duly prepared, like the 'ivitnejfes^ in the 
 
 * prefence of the king; 
 
 259. ' If there be no fuch neighbours on all 
 
 * fides, nor any men, whofe anceftors had lived 
 ' there iince the villages were built, nor other 
 ' inhabitants of towns, who cai^ give evidence on 
 ' the limits, the judge muft examine the follow- 
 ' ing men, who iqhi^bit the woods ; ^ 
 
 260. ' Hunters, fpwlers, herdfmen, fifhers, 
 
 * diggers for roots, catchers of fnakes, gleaners, 
 
 * and other forefliers : 
 
 261. ' According to their declaration, whei^ 
 
3^74 ON JUDICATtTRE; AND ON LAW, 
 
 * they are duly examined, let the king -with 
 
 * precifion order landmarks to be fixed on tha- 
 
 * boundary line between the two villages. 
 
 262. ' As to the bounds of arable fields, 
 
 * wells or pools, gardens and houfes, the tefti- 
 
 * mony of next neighbours on every fide muft 
 be eonfidered as the beft means of decifion : 
 
 263. ' Should the neighbours fay any thing 
 
 * untrue, when two men difpute about a land- 
 
 * mark, the king Ihall make each of thofe wit- 
 
 * neffes pay the middlemoft of the three ufual 
 
 * amercements. 
 
 264. ' He, who, by means of intimidation, 
 
 * fhall poflefs himfelf of a boufe, a pool, a field, 
 ' or a, garden, fhall be fined five hundred /»^«aj' ; 
 
 * but only two hundred, if he trefpalTed through 
 
 * ignorance of the right. 
 
 265". 'If the boundary cannot be Qtherwife 
 
 * afcertained, let the king, knowing what is juft, 
 ^ that is, without partiality, and cbnfulting the 
 
 * future benefit of both parties, mark a bound* 
 
 * line between their lands : this is a fettled law. 
 
 266. ' Thus has the rule been propounded 
 
 * for decifions concerning landmarks : I, next, 
 ^ will declare the law coricerning defamatory 
 
 * words. 
 
 267. * A Soldier, defaming a prieft, fhall be 
 ^ fined a hundred patias-, a inerch^m:, thus offends 
 
PRIVATE AND CRIMINAL, S75 
 
 * ivg, an hundred and fifty, or two hundred: 
 
 * hut, for fuch an offence, a niechanick or fervile 
 
 * man fhall be whipped. 
 
 268. ' A prieft (hall be fined five hundred, if 
 
 * Jie flander afoldier; twenty-five, if a merchant; 
 
 * and twelve, if he flander a man of the fervile 
 ' clafs. 
 
 269. ' For abufing one of the fame clafs, a 
 
 * twiceborn man (hall be fined only twelve; but 
 
 * for ribaldry not to be uttered, even that and 
 
 * every fine fliall be doubled. 
 
 270. * A onceborn man, who infults the 
 
 * twiceborn with grofs invedtives, ought to have 
 
 * his tongue flit ; for he fprang from the lowefl: 
 
 * part ^Brahma'; 
 
 271.' If he mention their name and clafles with 
 *conX.vime\j,asifhefoy *' Oh! De'vadatta, 
 *' /Z)oz<r^/^/^ofBrahmens,"anironfl:yle,ten fingers 
 
 * long, Ihall be thruft red hot into his mouth, 
 
 272. ' Should he, through pride, give inftruc- 
 
 * tion to prjeflis coBcerning their duty, let the 
 ' king order fome hot oU to be dropped into his 
 
 * mouth and bis ear, 
 
 273. * He, who falfely denies,, through info- 
 
 * lence, the facred knowledge, the country, the 
 ' clafs, or the corporeal inveftiture of a man equal 
 ^ in rank, fliall be compelled to pay a fine of twQ 
 
 * hundred panas. 
 
 274. ' If a man call another blind with one 
 
S76 ON JUDICATURE ; AND ON LAW, 
 
 * eye, or lame, or defective in any fimilar way, 
 
 * he fhall pay the fmall fine of one pana, even 
 
 * though he fpeak truth. 
 
 275. ' Hefhallbe fined a hundred,who defames 
 
 * his mother, his father, his wife, his brother, his 
 ' Ton, or his preceptor ; and he, who gives not 
 'his preceptor the way. 
 
 276. ' For mutual zbnk by a prieft and a fol- 
 
 * dier, this fine muft be impofed by a learned 
 ' king; the loweft aa'crcement on the prieft, and 
 
 * the middlemoft on the foldier. 
 
 277. ' Such exadlly, as before mentioned^ muft 
 
 * be the punifhment of a merchant and a mecha- 
 
 * nick, inrefpeit of their feveral clafles, except 
 ' the flitting of the tongue : this is a fixed rule of 
 
 * punifhment. 
 
 278. ' Th us fully has the law been declared for 
 
 * the punifhment of defamatory fpeech : I will, 
 ' next, propound the eftablifhed law concerning 
 
 * aflault and battery, 
 
 279. ' With whatever member a lowborn man 
 
 * fhall afTault or hurt a fuperipur, even that mem^ 
 
 * ber of his muft be flit, or cut W-ore or lefs in pro- 
 ' portiqn tq the injury: this is ^n ordinance of 
 
 * Menu, 
 
 280. * He, who raifes his hand or a ftaff 
 
 * g^gainft another, fhall have his hand cut ; and 
 
 * he, who kicks another in wrath, fhall have a^ 
 f ineifjon jna4^ m his foot, 
 
PRIVATE AND CRIMINAL. S77 
 
 ^8 1. 'A man of the loweft clafs, who fliail 
 
 * infolently place himfelf on the fame feat with 
 'one of the higheft, fhall either he baniftied with 
 ' a mark on his hinder parts, or the king fhall 
 ' caufe a gafli to be made on his buttock: 
 
 282. ' Should he fpit on him through pride, 
 
 * the king fhall order both of his lips to be gafhed; 
 ' fhould he urine on him, his penis ; ihould he 
 
 * break wind againft him, his anus. ' 
 
 283. * If he feizc the Brahmen by the locks, 
 
 * or by the feet, or by the beard, or by the throat, 
 
 * or by the fcrotum, let the king without hefita- 
 
 * tion caufe incilions to be made in his hands. 
 
 284. * If any man fcratch the fkin of his 
 
 * equcd in clafs, or fetch blood from him, he fhall 
 ' be fined a hundred /'^;^2a.v; if he wound ^ muf. 
 ' cle, fix nifhcas • but, if he break a bone, I at 
 ' him be inilantly banifhed. ♦• 
 
 285. * According ro the ufe and value of 
 
 * all great trees, rnuft a fine be fet for injuring 
 
 * them : this is an eftablifhed rule. 
 
 386- 'If a blow, attended with much pain, 
 
 * bf given either to human creatures or cattle, 
 
 * the king fhall inflid on the flriker a punifhmept 
 
 * as heavy as the prefumed fufFering. 
 
 ^87. ', In all cafes of hurting a limb, wound- 
 .'.jng, pr fetching blood, the aflailant fhall pay 
 
 * the expence of a .perfect cure; pf, on, biSf. 
 
$78 ON JUDICATURE; AND ON LAW, 
 
 *^ failure, both full damages and a fine to the 
 
 * fame amount. 
 
 288. ',He, who injures the goods of another, 
 
 * whether acquainted or unacquainted with the 
 
 * owner of them, fhall give fatisfa61ion to the 
 
 * owner, and pay a fine to the king equal to the 
 
 * damage. 
 
 289. ' If injury be done to leather or to le^- 
 
 * thern bags,t)r to utenfils made of wood or clay, 
 
 * the fine fhall be five times their value, 
 
 290. ' The wife reckon ten occafions, in re-^ 
 
 * gard to a carriage, its driver, and its owner, on 
 
 * which the fine is remitted j on other occafions 
 
 * a fine is ordained by law: 
 
 291. ' The hofecord or bridle being cut, by 
 
 * Jome accident without negligence, or the yoke 
 
 * being fnapped, on a fudden overturn, or run- 
 ' ning againft any thing xvithout fault, the axle 
 
 * being broken, or the wheel cracked ; 
 
 292. ' On the breaking of the thongs, of the 
 
 * haltei", or of the reins, and when the driver 
 '■ has called aloud to make way, on thefe occa- 
 ^fons has Menu declared that no fine fhall be 
 
 * fet : 
 
 293. ' But, where a carriage has been ovef- 
 ' turned by the unfkilfulnefs of the driver, there, 
 'in the cafe of any hurt, the mafter ihall be- 
 ^ fined two hundred panas. 
 
PRIVATE AND CRIMINAL, 379 
 
 ^94. * If the driver be fkilful, but negligent, 
 ' the driver alone Ihail be fined ; and thofe iu 
 ' the carriage fhall be fined each a hundred, if 
 
 * the driver be clearly unfkllful. 
 
 295. * Should a driver, being met in the way 
 
 * by another carriage or by cattle, kill any animal 
 
 * by his negligence, a fine fhall, without doubt, 
 *'be impofed by the following rule: 
 
 296. ' For killing a man, a fine, equal to that 
 •for theft, fhall be inftantly fetj half that 
 
 * amount, for large brute animals, as for a bull 
 
 * or cow, an elephant, a camel, or a horfe ; 
 
 297. ' For killing very young cattle, the fine 
 
 * fhall be two hundred pands ; and fifty, for ele- 
 
 * gant quadrupeds or beautiful birds, as ante- 
 
 * lopes^ parrots, and the like ; 
 
 298. ' For an afs, a goat, or a fheep, the fine 
 
 * mufl be five filver mdjhas j and one majhot for 
 ' killing a dog or a bpar. 
 
 299; ' A WIFE, a fon, a fervant, a pupil, and a 
 
 * younger whole brother, may be correfted, when 
 ^ they commit faults, with a rope or the fmall 
 
 *fhoot of a cane; 
 
 300. ' But oil the back part only of their bo- 
 ' dies, and not on a noble part by any means :. 
 
 * he, who flrikes them otherwife than by this 
 *"rule, incurs the guik^ or Jhall pay the fine, of a 
 ' Ihief. 
 
 -301. * This law of aflault and battery has 
 
380 ON JUDICATURE ; AND ON LAW, 
 
 ' been completely declared ; I proceed to de- 
 
 * dare the rule for the fettled punifhment of 
 
 * theft. 
 
 30a. * IjST reftraining thieves and robbers, let 
 
 * the king ufe extreme diligence ; fmce, by re- 
 
 * ftraining thieves and robbers, his fame and his 
 ' li-jiiiain are increafed. 
 
 303. ' Conftantly, no doubt, is that king to be 
 
 * honoured, who beftows exemption from fear; 
 
 * fmce he performs, as it were, a perpetual facri- 
 *«fice, giving exemption from fear as a conftant 
 
 * facrificial prefent. 
 
 304. * A fixth part of the rexvardfar virtuous 
 
 * deeds,performed by the whole people, belongs to 
 
 * the king, who protedts them; but, if he prote^ 
 
 * them not, a fixth part of their iniquity lights 
 ' on him. 
 
 305. 'Of the reward for what every fubjedt 
 ' reads in the Veda, for what he facrifices, for 
 ' what he, gives in charity, for what he performs 
 
 * in worfhip, the kingjuftly takes a fixth part in 
 
 * confequence of protedion. 
 
 306. * A king, who a£ts with juftlce in de- 
 ' fending all creatures, and flays only thofe, who 
 ' ought to be flain, performs, as it were, Qz.ch.' 
 
 * day a facrifice with a hundred thoufand gifts ; 
 
 307. ' But a king, who gives no fuch protee- 
 ' tion, yet receives taxes in kind or in value, 
 'jnarket duties ^nd tolls, the fmall daily prefents 
 
tkrVATE AND CRIMINAt. S3 1 
 
 ' fot his houfehold, and fines for offences, falls 
 
 ' dire<aiy on his death to a region of horrour. ' 
 
 308. * That king, who gives no protedlion, 
 
 * yet takes a fixth part of the grain as his reve- 
 
 * nue, wife men have confidered as a prince, 
 
 * who draws to him the foulnefs of all his 
 
 * people. 
 
 3,09. ' Be it known, that a monarch, who 
 
 * pays no regard to the fcriptures, who denies a 
 
 * future ftate, who'adis with rapacity, who pro- 
 
 * tedts not his people, yet fwallows up their pof- 
 ' feffions, will fink low indeed after death. 
 
 310. ' With great care and by three methods 
 ' let him reftrain the unjuft ; by imprifonmenti 
 
 * by confinement in fetters, and by various kinds 
 
 * or corporal puniftiment ; 
 
 311. * Since, by reftraining the bad,^ and by 
 
 * encouraging the good, kings are perpetually 
 
 * made pure, as the twiceborn are purified by 
 
 * facrificing. ' 
 
 312. 'A KING, who feeks benefit to his own 
 
 * foul, muft always forgive parties litigant, ichil- 
 *; dren, old men, and fick perfons, who inveigh 
 
 * againft him : 
 
 < ^i^- * He, who forgives perfons in pain, 
 ' when they abufe him, fhall on that account be 
 ' exalted in heaven ; but he, who excufes them 
 ^ not, through the pride of dominion^ fhall for 
 
 * that reafon fink into helL 
 
S82 ON JUDICATURE ; AND ON LAW, 
 
 314. ' TitE ftealer of gold from a priefl mull 
 ' run haftily to the king, with, loofened hair, 
 ' proclaiming the theft, and adding : " Thus 
 
 * have I fmned j punifh me." 
 
 315. ' He mull bear on his fhoulder.a peftle 
 
 * of Hone, or a club of c'hadira-woody or a jave- 
 ' lin pointed at both .ends, or an iroa mace: 
 
 316.' Whether the king ftrike him with it, or 
 ' difmifs him unhurt, the thief is then abfolved 
 ' from the crime; but the king,, if he pnnifli him 
 
 * not, Ihall incur the guilt of the thie£ 
 
 317. * The killer of a prieft, or defrayer of an 
 
 * embryo, cafts his guilt on the willing eater of 
 
 * his provifions j an adulterous wife, on her neg" 
 
 * ligent hufband ; a bad fcholar and facrificer, on 
 ^ ihtvc ignorant preceptor; and a thief, on the 
 ^forgiving prince : 
 
 318. ' But men, who have tbmmitted offences, 
 
 * and have received from kings the punifhment 
 
 * due to them, go pure to heaven, and become as 
 
 * clear as thofe, who have done well. 
 
 319. ' HE,whofteals the rope or the waterpot 
 ' from a well, and he, who breaks down a ciftern, 
 
 * fhall be fined a mdfha of gold ; and that, which 
 
 * he has taken or injured, he muft reftore to its 
 
 * former condition. 
 
 320. ' Corporal punifhment fhall beinfli(£led 
 
 * on him, who fteals more than ten cumbhas of 
 
 * grain (a cumbha is twenty dronas, and a dronaj 
 
PRIVATE ANB CRIMINAt. SSS 
 
 * two hundred palas) : for lefs he muft be fined 
 
 * eleven times as much, and fliall pay to the 
 
 * .owner the amount of his property. 
 
 321. * So (hall corporal puniibment be in- 
 
 * flidled for Healing commodities ufually fold by 
 
 * weight, or more than a hundred head of cattle^ 
 ' or gold, or filver, or coflly apparel : 
 
 322. * For ftealing more than fifty />flte, It 
 
 * is enadied that a hand Ihall be amputated ; for 
 
 * lefs, the king fhall fet a fine eleven times as much 
 
 * as the value. 
 
 323. ' For ftealing men of high birth, and 
 
 * women above all, and the moft precious gems, 
 
 * as diamonds or rubies^ the thief deferves capital 
 
 * pumfhment. 
 
 324. * For ftealing large beafts, weapons, or 
 
 * medicines, let the king infiid adequate punifli- 
 
 * ment, confidering the time and the adt 
 
 325. ' For taking kine belonging to priefts^ 
 
 * and boring their noftrils, or for ftealing their 
 
 * other cattle, tlie offender fhall Inftantly lofe half 
 
 * of one foot. r 
 
 326. ' For ftealing thread, raw cotton, mate- 
 
 * rials to make fpirituous liquor, cowdung^ mo- 
 
 * lafles, curds, milk, buttermilk, water, or grafs* 
 
 327. * Large canes, bafkets of canes, fait of 
 
 * every kind, ^arthenpots, clay or afhes, 
 
 328. ' Fiih, birds, oil, or clarified butter, flefh- 
 
 * meat, honey, or any thing, as leatjper, horn, or 
 
 * ivory^ that came frort a beaft, 
 
Sg* ON JUDICATURE; AND ON LAAV', 
 
 329. ' Or other things not precious, or fpiri* 
 
 * tuous liquors, rice drefled with clarified butter, 
 
 * or other mefles of boiled rice, the fine mull be 
 
 * twice the valu-e of the commodity ftokn. 
 
 330. ' For ftealing as mupb as a man can cany 
 
 * of flowers, green corn, Ihrubs, creepers, fmall 
 
 * trees, or other vegetables, enclofed by a hedge; 
 
 * the fine fhall be five raSlicas of gold or fiU 
 
 * ver ; 
 
 33 1 . * But for corn, potherbs, roots, and fruit, 
 
 * unenclofed by a fence, the fine is a hundred 
 
 * panas, if there be no fort of relation between the 
 
 * taker and owner; or half a hundred, if there be 
 
 * fuch relation. 
 
 332. ' If the taking be violent, g.nd in the 
 
 * fight of the owner, it is robbery ; if privately 
 
 * in his abfence, it is only theft; and it is con- 
 *Jidered as theft, when a man, having received 
 
 * any thing, refufes to give it back. 
 
 335' * ^^ him, who fi:eals the beforementioned 
 
 * things, when they are prepared for ufe, let the 
 ' king fet the loweft amercement of the three j 
 ' afid the fame on him, who fleals only fire from 
 
 * the|,emple. 
 
 334. * With whatever limb a thief commits 
 
 * the offence by any means irl this. worlds as if 
 ' he break a wall with his hand or his foot, even 
 
 * that limb fhall the king amputate,* for'thepre- 
 ' vention of a fimilar crime, 
 
 335. * Neither a father, nor a preceptor, nor 
 
:PRIVATE and criminal. 385 
 
 * a friend, nor a mother, nor a v/ife, nor a fon, 
 
 * nor a domeftick prieft, muft be left unpunilhed 
 ' by the king, if they adhere not with firmnefs 
 
 * to their duty. 
 
 336. ' Where another man of lower birth 
 
 * would be fined one porta, the king (hall be fined 
 
 * a thoufand, and he Jhall give the fine -to the 
 
 * priejls^ or caji it into the river : this is a facred 
 ' lule. 
 
 ;iiy. 'B ut the fine of a Sudra for theft fliall be 
 t eightfold ; that of a Vaifya-, fixteenfold ; that 
 ' of a CJhatriya, two and thirtyfold. 
 
 338. ' That c£ a. Brahmen, four and fixtyfold, 
 
 * or a hundredfold complete, or even twice four 
 
 * and fixtyfold; each of them knowing the na- 
 
 * ture of his offence. 
 
 339. * The taking of roots, and fruit from a 
 
 * a large tree, in afield or aforejl unenclofed, or 
 
 * of wood for a facrificial fire, or of grafs to be 
 
 * eaten by cows, Menu has pronounced no 
 ' theft. 
 
 340. ' A PRIEST who willingly receives any 
 
 * thing, either for facrificing or for inftrudirig, 
 ' from the hand of a man, who had taken what 
 
 * the owner had not given, ihall be punifiied even 
 
 * as the thief. 
 
 341. 'A twiceborn man, who is travelling, 
 
 * and whofe' provifioi^ .are fcanty, ihall not be 
 
 VOL. V. c c 
 
S86 ON JUDICATURE; AND ON LAW, 
 
 * fined, for taking only two fugar canes, or 
 
 * two efculent roots, from the field of another 
 
 * man. 
 
 342. ' He, who ties the unbound, or loofes 
 ' the bound, cattle of another, and he, who takes 
 
 * a flave, a horfe, or a carriage without permijjion, 
 ' fhall be punilhed as for theft. 
 
 343. * A king, who, by enforcing thefe laws, 
 ' reftrains men from committing theft, acquires 
 
 * in this world fame, and, in the next, beatitude. 
 
 344. ' Let not the king, who ardently de- 
 
 * fires a feat with Indra, and wifhes for glory, 
 
 * which nothing can change or diminifh, endure 
 
 * for a moment the man, who has committed 
 
 * atrocious violence, as by robbery, arfon, or ho- 
 
 * micide. 
 
 345. ' He, who commits great violence, 
 
 * muft be confidered as a more grievous offender 
 
 * than a defamer, a thief, or a ftriker with a ftaff : 
 
 346. ' That king, who endures a man con- 
 
 * vidted of fuch atrocity, quickly goes to perdi- 
 ' tion and incurs publick hate. 
 
 347. ' Neither on account of friendfhip, nor 
 ' for the fake of great lucre, ihall the king dif- 
 
 * mifs the perpetrators of violent afts, who fpread 
 ' terrour among all creatures. 
 
 348. * The twiceborn may take arms, when 
 ' their duty is obftru£led by force ; and when, 
 
PRIVATE AND CRIMINAL. 37s 
 
 ' in fome evil time, a difafter has befallen the 
 
 * twiceborn claffes ; 
 
 349. ' And in their own defence ; and in a 
 
 * war for juft caufe; and in defence of a woman 
 
 * or a prieft : he, who kills juftly, commits no 
 
 * crime. 
 
 350. * Let a man, without hefitation, flay 
 
 * another, if he cannot otherwife efcape^ who af- 
 
 * fails him with intent to murder, whether young- 
 ' or old, or his preceptor, or a Brahmen deeply 
 
 * verfed in the fcripture. ' 
 
 351. ' By killing an-aflaflin, who attempts to 
 ' ' kill, whether in publick or in private, no crime 
 
 ' is committed by the flayer: fury recoils upon 
 ' fury. 
 
 352. * Men, who commit overt adls of adtil- 
 
 * terous inclinations for the wives of others, let 
 
 * the king banifti from his realm, having pu- 
 ' niflied them with fuch bodily marks, as excite 
 
 * averfion; - . 
 
 353. * Since adultery caufes, to the general 
 ' ruin, a mixture of claflTes among men : thence 
 ' arifes violation of duties ; and thence is the 
 
 * root of felicity quite deftroyed. 
 
 354. * A man, before noted for fuch an of- 
 ' fence, who converfes in fecret with the wife of 
 
 * another, fhall pay the firftof the three ufua,l 
 ' amercements ; 
 
 y^^. ' But a man, not before noted, v\rho thus 
 c c 3 
 
388 ON JUDICATURE; ANb ON LAW, 
 
 * co-nverfes with her for fome reafonable caufe, 
 
 * fhall pay no fine; fince in him there is no tranf- 
 
 * gfeffion. 
 
 2^6. ' He, who talks with the wife of an- 
 
 * other man at a place of pilgrimage, in aforeft or 
 
 * a grove, or at the confluence of rivers, incurs 
 ^ the guilt of an adulterous inclination: 
 
 357. * To fend her flowers or perfumes, to 
 ' fport and jefl: with her, to touch her apparel 
 
 * and ornaments, to fit with her on the fame 
 
 * coi^ch, -are all held adulterous adls on his part. 
 
 358. 'To touch a married woman on her 
 
 * breajis or any other place, which ought not to 
 ' be touched, or, being touched unbecomingly 
 ' by her, to bear it complacently, are adulterous 
 
 * ads with mutual aflTent. 
 
 359. 'A man of the fervile clafs, who eom- 
 ' mits adual adultery with the wife of a priefl:, 
 
 * ought to fuffer death: the wives, indeed, of 
 ' all the four claffes mufl: ever be moft efpecially 
 
 * guarded. 
 
 360. * Mendicants, encomiafl:s, men prepared 
 ' for a facrifice, and cooks and other artifans, 
 
 * are not prohibited from fpeaking to married 
 
 * women. 
 
 361. ' Let no man converfe, after he has been 
 
 * forbidden, with the wives of others: he, who 
 
 * thus converfes, after a hiifband or father has 
 ' forbidden him^ fhall pay a fine of one Juverna. 
 
PRIVATE AND CRIMINAL. 389 
 
 362. * Thefe laws relate not to the wives of 
 
 * publick dancers or fingers, or of fuch bafe men, 
 
 * as live by intrigues of their wives ; men who 
 
 * either carry' women to others, or, lying coa- 
 
 * cealed at home, permit them to hold a culpable 
 
 * intercourfe : 
 
 363. ' Yet he, who has a private connexion 
 *,with fuch women, or with fervant girls kept, 
 
 * by one mafter, or with female anchorets of an 
 
 * berHi'cal religion, fliall be compelled to pay a 
 
 * fmall fine. 
 
 364. ' He, who vitiates a damfel without her 
 ' confent, fhall fuffer corporal. punilhment in- 
 ' ftantly ; but he, who enjoys a willing damfel, 
 ' fhall not be corporally punifhed, if his 4afs be 
 
 * the fame with hers, 
 
 365. * From a girl, who makes advances to 
 
 * a man of a high clafs, let not the king take the 
 
 * fmalleft fine; but her, who firft addreffes a low 
 ' man, let him conflrain to live in her houfe well 
 ' guarded. 
 
 366. * A low man, who makes love to a 
 
 * damfel of high birth, ought to be puniflied cor- 
 
 * porally ; but he, who addreffes a maid of equal 
 
 * rank, fhall give the nuptial prefent and marry 
 ^ her, if her father pleafe. 
 
 367. 'Of the man, who through infolence 
 « forpibly contaminates a damfel, let the king 
 
 * inflantly order two fingers to be amputated, 
 
Sf)0 ON JUDICATURE; AND ON LAW, 
 
 ' and condemn him to pay a fine of fix hundred 
 
 * panas : 
 
 368. ' A man of- equal rank, who defiles a 
 ' confenting damfel, fliall not have his fingers 
 
 * amputated, but fhall pay a fine of two hundred 
 
 * pmias, to reftrain him from a repetition of his 
 
 * offence. 
 
 369. * A damfel, polluting angther damfel, 
 
 * mufl be fined two hundred panas, pay the 
 
 * double value of her nuptial prefent, and receive 
 
 * ten lafhes with a whip ; 
 
 370. ' But a woman, polluting a damfel, fhall 
 ' have her head inftantly fhaved, and two of her 
 
 * fingeirs chopped off; and fhall ride, mounted 
 
 * on an afs, through the public kjireet. 
 
 371. ' Should a wife, proud of her family 
 
 * a;nd the great qualities of her kinfmen, actually 
 
 * violate the duty, which fhe 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 execu- 
 
 * tioners fhall throw logs continually, till the finr 
 ^ ful wretch be there burned to death. 
 
 373. ' Of. a man, once convicted, and a year 
 
 * after guilty of the fame crime, the fine muft be 
 
 * doubled ; fo it muji, if he be conneded with 
 ' the daughter of an outcaft or with a Chanddli 
 t woman. 
 
PRIVATE AND CRIMINAL. 391 
 
 374. * A mechanick or fervile man, having 
 
 * an adulterous connexion with a woman of a 
 ' twice-born clafs, whether guarded at home or 
 
 * unguarded, Jhall thus bepmijhed: if fhe was 
 
 * unguarded, he fhall lofe the part offending, and 
 
 * his whole fubftance; if guarded, and a priejlefs, 
 
 * every thing, even his life. 
 
 375. * For adultery with a guarded prieJiefSf a 
 
 * merchant fhall forfeit all his wealth after impri- 
 ' fonment for a year ; a foldier fhall be fined a 
 
 * thoufand panas, and be fhaved with the urine 
 ' qf anafs ; 
 
 376. ' But, if a merchant or foldier commit 
 *- adultery with a woman of the facerdotal clafs, 
 
 * whom her hufband guards not at honie, thje 
 
 * king fhall only fine the merchant five hundred, 
 
 * and the foldier a thoufand^ 
 
 377. 'Both of them, however, if they com- 
 < mit tjiat offence with a prieftefs not only guarded 
 
 * hut eminent for good qualities, fhall be punifhed 
 
 * like men of the fervile clafs, or be burned in a 
 
 * fire of dry grafs or reeds. 
 
 378. * A Brahmen J who carnally knows a 
 ' guarded woman without her free will, muft be 
 
 * fined a thoufand panas ; but only five hundred 
 ' if he kilew her with her free confent. 
 
 379. ' Ignominious 'tonfure is ordained, in- 
 \ flead of capital punifhment, for an adulterer of 
 
3D2 ON JUDICATURE 5 AND ON LAW, 
 
 * ihe prieflly clafs, where the punifliment of 
 
 * '.ither clafTes may extend to lofs of life. 
 
 380. ' Never Ihall the king flay a Brahmen, 
 
 * though convide'd of all poflible crimes: let 
 
 * him banilh the offender from his realm; but 
 
 * with all his property fecure and his body un- 
 
 * hurt: 
 
 381. * No greater crime is known on earth 
 ' than flaying a Brahmen',* and the king, there- 
 
 * fore, mufl not even form in his mind an idea 
 
 * of killing a priefl;. 
 
 382. ' If a merchant conyerfe criminally 
 
 * with a guarded woman of the military, or a 
 
 * foldier with one of the mercantile, clafs, they 
 
 * both deferve the fame punifliment as in the 
 
 * cafe of a priefl;efs unguarded: 
 
 383. ' But a Brdhnien, who fhall commit 
 
 * adultery'with a guarded woman of thofei two 
 
 * clafles, muft be fined a thoufand panaf\ and, 
 ' for the like offence with a guarded woman 
 
 * of the fervile clafs, the fine of a foldier or a 
 
 * merchant fhall be alfo one thoufand. 
 
 384. * For adultery with a woman of the mi- 
 
 * litary clafs, if unguarded, the fine of a mer- 
 ' chant is five hundred; but a foldier, for the 
 
 * converfe of that offence, mufl be fhaved with 
 ^ urine, or pay the Bnejuji mentioned. 
 
 385. * A prieft fhall pay five hundred pafias^ 
 
PRIVATE AND CRIMINAL. 793 
 
 « if he connedt himfelf criminally with an uu- 
 
 * guarded woman of the military, commercial, or 
 
 * fervile clafs; and a thou{a.nd, f or fuch a connexion 
 *. with a woman of a vile mixed breed. 
 
 386. ' That king, in whofe realm lives no 
 
 * thief, no adulterer, no defamer, no man guilty 
 
 * of atrocious violence, and no committer of a:f- 
 
 * faults, attains the manfion of Sacra. 
 
 387. ' By fuppreffing thofe "five in his domi- 
 
 * nion, he gains royalty paramount over men of 
 
 * the fame kingly rank, and fpreads his fame 
 
 * through the world. 
 
 388. 'The facrificer, who forfakes the ofE-. 
 
 * ciating I prieft, and the officiating prieft, who 
 
 * abandons the facrificer, each being able to do 
 
 * his work, and guilty of no grievous" offence, 
 
 * muft each be fined a hundred panas, 
 
 389. * A mother, a father, a wife, and a fon 
 
 * fhall'not be forfaken: he, who forfakes either 
 
 * of them, unlefs guilty of a deadly fin, fhall pay 
 
 * fix hundred panas as a fine to the king, 
 
 ' 390. * Let not a prince, who feeks the good 
 
 * of his own foul, hajiily and alone pronounce 
 
 * the Jaw, on a difpute concerning any legal ob- 
 ' fervance, among twlceborn men in their feveral 
 
 ' orders; 
 
 391. * But let him, after giving them due ho- 
 ^ nour according to their merit, and, at firfl, hav- 
 
394 ON JUDICATURE; AND ON LAW, 
 
 * Ing foothed them by mildnefs, apprife them of 
 
 * their duty with the afliftance of Brdhmens. 
 
 392. ' The prieft, who gives an entertainment 
 
 * to twenty men of the three firft clafles, without 
 
 * inviting his next neighbour, and his neighbour 
 
 * next, but one, if both be worthy of an invitar 
 
 * tion, fhall be fined one mdjha of filver. 
 
 593. ' A Brahmen of deep learning in the 
 
 * Feddy who invites not another Brahmen^ both 
 ' learned and virtuous, to an entertainment ^/z;m 
 
 * onfome occafion "relating to his wealth, as the 
 
 ' marriage of his child^ and the like, ihall be made , 
 
 * to pay him twice the value of the repaft, and 
 s.be fined a majha of gold. 
 
 394. ' Neither a blind man, nor an idiot, 
 
 * nor a eripple, nor a man full feventy years 
 
 * old, nor one who confers great benefits on 
 
 * priefts of eminent learning, fhall be compelled 
 
 * by any king to pay taxes, 
 
 395. ' Let the king always do honour to a 
 
 * learned theologian, to a man either fick or 
 ^ grieved, to a little child, to an aged or indigent 
 ' man, to a man of exalted birth, and to a man 
 
 * of diilinguifhed virtue. 
 
 396. ' LET^a wafherman wafh the clothes of 
 ' his employers by little and little, or piece by piece, 
 ' and not hajiily, on a fmooth board of Sdlmali- 
 ' wood : let him never mix the clothes of on? 
 
PRIVATE AND CRIMINAL. 395 
 
 * perjon with the clothes of another, nor fuffer any 
 
 * hut the owner to wear them. 
 
 397. * Let a weaver, who has received xen 
 
 * palas of cotton-thread, give them back increafed 
 
 * to eleven by the rice-water aiid the like ufed in 
 
 * weaving: he, who does otherwife, ftiall pay a 
 
 * fine of twelve panas. 
 
 398. * As men verfed in cafes of tolls, and ac- 
 
 * quainted with all marketable commodities, ihall 
 ^ eftablifli the price of faleable things, let the king 
 ' take a twentieth part of the profit onfales at 
 
 * that price. 
 
 399. ' Of the trijider, who, through avarice, 
 ' exports commodit^s, of which the king juftly 
 
 * claims the preemption, or on which he has laid 
 ' an embargo, let the fovereign confifc^te the 
 
 * whole property. 
 
 400. ' Any feller or buyer, who fraudulently 
 
 * pafles by the toll office at flight or any other 
 
 * improper time, or who makes a falfe enume- 
 
 * ration of the articles bought, fhall be fined eight 
 
 * timgs as much as their value. 
 
 401. ' Let the king eftablifh rules for the fale 
 J and purchafe of all marketable things, having 
 ' duly confidered whence they come, if imported; 
 
 * and, if exported, whither they mull be fent ; 
 
 * how long they have been kept ; what may be 
 
 * gained by them ; and what has been expended 
 
 * on them. 
 
^9G ON JUDICATURE ; AND ON LAW, 
 
 402. * Once in five nights, or at the clofe of 
 
 * every half month, according to the nature of the 
 ' commodities^ let the king make a regulation for 
 ' market ^prices in the prefence of thofe expe^ 
 
 * rienced men : 
 
 403. ' Let all weights and meafures be well^ 
 
 * afcertained by him; and once in fix 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 beaft ufed in agriculture, 
 
 * or for a woman ; and an eighth, for au ua- 
 
 * loaded man. 
 
 405. * Waggons, filled with goods packed up, 
 
 * ihall pay toll in proportion to their value ; but 
 
 * for empty veffels and bags, and for poor 
 
 * men ill- apparelled, a very fmall toll fhall be 
 ' demanded. 
 
 406. • For a long paflage, the freight muft 
 *■ be proportioned to places and times ; but 
 
 * this muft be underftood of paflages up and 
 
 * down rivers: at fea there can be no fettled 
 
 * freight. 
 
 407. ' A woman, who has been two months 
 
 * pregnant, a religious beggar, a forefter in the 
 
 * third order, and Brdhmens, who are ftudents in 
 •theology, fhall not be obliged to pay toll for / 
 
 * their pafliage. 
 
 408. ' Whatever fhall be broken in a boat, by 
 
i>klVATE AND CRIMINAL. Stl7 
 
 * the fault of the boatmen, {hall be made good 
 
 * by thofe men colledively, each paying his 
 
 * portion. 
 
 409. * This rule, ordained for fuch as pafs 
 
 * rivers in boats, relates to the culpable neglect 
 
 * of boatmen on the water : in the cafe of inevi- 
 
 * table accident, there can be no damages re- 
 
 * covered. 
 
 410. * The king fhould order each man of the 
 
 * mercantile clafs to pradife trade, or money- 
 
 * lending, or agriculture and attendance on 
 
 * cattle ; and each man of the fervile clafs to aSt 
 ' in the fervice of the twiceborn. 
 
 411.' Both him of the military, and him of the 
 
 * commercial clafs, if diflrefled for a livelihood, 
 ' let fome wealthy Brahmen fupport, obliging 
 
 * them without harfhnefs to difcharge their fe- 
 
 * veral duties. 
 
 412. 'A Brahmen^ who, by his power and 
 
 * throtigh avarice, fhall caufe twiceborn men, 
 
 * girt with the facrificial thread, to perform fer- 
 
 * vile a61s, Juch as wapjing his feet, without their 
 ' confent, fhall be fined by the king fix hundred 
 ' panas ; 
 
 413. * But a man of the fervile clafs, whether 
 
 * bought or unbought, he may compel to perform 
 
 * fervile duty ; becaufe fuch a man was created 
 ' by the Self-exiftent for the purpofe of ferving 
 
 * Brahmens: 
 
398 ON JUDICATURE; AND ON LAW/ 
 
 414. * A Sudm^ though emancipated by his 
 
 * mafter, is not releafed from a ftate of fervitude ; 
 
 * for of a ftate, which is natural to him, by whom 
 ' can he be divefted? 
 
 415. 'There are fervants of feven forts; 
 ' one made captive under a ftandard or in battle^ 
 ' one maintained in confideration of fervice, one 
 ' born of a female flave in the houfe,. one fold, or 
 
 * given, or inherited from anceftors, and one en- 
 
 * flaved by way of punifhment on Ms inability to 
 ' pay a large fine. 
 
 416. ' Three perfons, a wife, a fon, and a flave, 
 ' are declared by law to have in general no wealth 
 ' exclufively their own: the wealth, which they 
 
 * may earn, \%' regularly acquired for the man, to 
 ' whom they belong. 
 
 417. ' A Brahmen may feize without heflta- 
 ' tion, ij he be dijirejfed for a fubfifi:ence^ the 
 
 * goods of his Sudra flaye; for, as that flave can 
 
 * have no property, his mafter may take his 
 
 * goods. 
 
 418. ' WitF vigilant care mould the king ex- 
 ' ert himfelf in Compelling merchants and me- 
 ' chanicks to perform their refpe£live duties ; 
 
 * for, when fuch men fwerve from their duty, 
 ' they throw this world into confufion. 
 
 419. ' Day by day muft the king, though en- 
 ^ gaged in forenfick bufijiefs yconrider the great 
 
 * objects of publick meafures,and inquire into the 
 
PRIVATE AND CRIMINAL. 399 
 
 * ftate of his carriages, elephants, horfes, ajid carSy 
 
 * his conftant revenues ^nd neceflary expenfes, 
 
 * his mines qf precious metals or gems ^ and his 
 ' treafury: 
 
 420. * Thus, bringing to a conclufion all thefe 
 
 * weighty affairs, and removing from his reaka, 
 
 * and from himfelf every taint of fm, a king 
 
 * reaches thefupreme path of beatitude.' 
 
 END OF THE FIFTH VOLUME. 
 
 T. Datisok, Printer, Whitefriars.