When the king had thus come to a conclusion about the matter and its position by means of indications, evidence, oaths, and "divine declaration," when he had considered the extenuating or aggravating circ.u.mstances, _e.g._ special qualities in the criminal, or repeated convictions, and reflected on the prescriptions given by the law, he is to cause punishment to be inflicted on the guilty. The book acknowledges that the king alone is not sufficient for the burden of p.r.o.nouncing justice; it is open to him to name a representative, and the necessary judges from the number of the twice-born; no exclusive right in this respect is reserved for the Brahmans, but they are especially recommended. "A court of law, a.s.sembled by the king, and consisting of a very learned Brahman and three Brahmans acquainted with writing, is called by the sages the court of Brahman with four faces." A cudra can never be named by the king as his representative in a court of law. If such a thing were to happen, the kingdom would be in the unfortunate position of a cow which had fallen into a mora.s.s.[246]

The doctrine of the Brahmans that no living creature is to be killed is little attended to in respect of human life either in their penal code or in their asceticism. The punishment of death is perhaps less frequently imposed than elsewhere in the East, but mutilations are only the more common, and at times they are employed to aggravate the sentence of death, which is inflicted by beheading and impalement.[247]

The legends of the Buddhists show that cruel mutilations were not uncommon. Men of the despised cla.s.ses, especially Chandalas, served as executioners.[248] The Brahmans are to be free from all bodily punishment; the other castes could be punished either by loss of life, or of the s.e.xual organs, or in the belly, the tongue, feet and hands, eyes and nose, and were distinguished by different brands on the forehead.[249] But the book of the law adds a rule of some importance intended to win respect and legal value for the priestly arrangements of penances: all criminals, who perform the religious expiations prescribed for their offence, are not to be punished in the body, but only condemned to pay a fine. Next to corporal punishments, fines are the most frequent; but imprisonment is mentioned; this was carried out in gaols, which were to be erected on the highways "to spread terror."

The book allows the kings absolute power to punish with capricious severity and with death any attempt and even "any hostile feeling"

against themselves. This is necessitated by the position of the despotic ruler whose throne depends on keeping alive the sense of fear in his subjects. "He who in the confusion of his mind betrays hatred against his king must die; the king must at once occupy himself with the means to bring about his destruction." Any one who has refused obedience to the king or robbed the king's treasury must be put to death with tortures.[250] He who forges royal orders, puts strife between the ministers of the king, appropriates the royal property, has any understanding with the enemies of the king, and inspires them with courage, must die. So also must the man who has killed a Brahman, a woman, or a child,[251] who has broken down a d.y.k.e, so that the water in the reservoir is lost.[252] Adultery under certain circ.u.mstances is punished with death. Robbery, arson, attacks with violence on persons or property, are punished very severely, for such crimes "spread alarm among all creatures."[253] The punishments prescribed by the law for the protection of property are, comparatively, the most severe; it seems that the Brahmanic view, which allots to each creature his sphere of rights, regarded property, the extended circle of the person, as an appurtenance deserving the strictest respect, and that the Brahmans looked on the protection of property as an essential part of a good arrangement of the state, which must secure his own to every man and maintain him in the possession of it. The king is to suppress theft with the greatest vigour. In order to discover the thief, no less than the gambler and cheat, the law recommends him to avail himself of the espionage of those who apparently pursue the same occupation. These spies are to be taken from all orders, and must watch especially the open places, wells, and houses of courtesans in the cities, and in the country the sacred trees, the crossways, the public gardens, and parks of the princes. The king must cause every one to be executed who is caught on the spot with the property upon him, and the concealers of the thief must be punished as severely as the thief himself.[254] Any one who steals more than ten k.u.mbhas worth of corn is to be punished with death; theft of a less value is followed by loss of hand or foot. Petty stealing, _e.g._ of flowers, or of as much corn as a man can carry, is to be punished by fines, in which the Vaicya has to pay twice as much as the cudra, the Kshatriya four times, the Brahman eight or a hundred times. Burglary is a capital offence; the sentence is carried out by impalement, after the hands of the victim have been cut off.[255] A cut-purse loses two fingers; on a second offence a hand and a foot; if the offence is repeated he must die.[256] In regard to property, Manu's laws are so severe that they not only put the sale of another's goods, but even the loosing of a tied ox, or the tying of one which is loose, the use of the slave, horse, or carriage of another on the same level as theft. On the other hand, it is permissible to take roots, and fruits, and even wood for sacrifice out of any unfenced field; the hungry traveller, if a Dvija, may break two sugarcanes, but not more.[257] Gamblers are punished like thieves, and any one who keeps a gambling house must undergo corporal punishment; drunkards are branded in the forehead. The law of contract and debt, the breach of covenants, the non-payment of wages when due, the annulling of a purchase or sale, the law of deposits, the collection of outstanding accounts, gambling debts and wages, are discussed at some length.

The views and regulations in the book of law about the unlimited power of the king and the exercise of the right of punishment might appear to be of a later date than has been a.s.sumed, if the sutras of the Buddhists and the accounts of the Greeks from the end of the fourth century B.C.

did not exhibit the monarchy of India in the full possession of unlimited power; the latter also mention the careful regard paid by the kings to the administration of justice. Hence we can hardly be wrong in a.s.suming that the Arians in India were not later than their kindred in Iran in reaching this form of const.i.tution.

Along with the absolute power of punishment the law allows the kings a very liberal right of imposing taxes. The taxes were regarded as the recompense which the subjects have to pay for the protection which the king extends to them. However high the quota of taxes may be which the king has the right to raise, the law calls attention to the fact that it is not good "to exhaust the realm by taxes." The impositions are to be arranged in such a way that the subjects may confess that king and nation find "the just reward of their labour." The king is never to cut off his own roots by raising no taxes at all on a super-abundance of possessions, nor may he from covetousness demand too heavy a tribute, and so cut off the roots of his subjects. As the exhaustion of the body destroys the life of the animated creature, so does the exhaustion of the kingdom destroy the life of the king. As a rule, he may only demand the twelfth part of the harvest, _i.e._ above eight per cent., and the fiftieth, _i.e._ two per cent., of animals and incomes in gold and silver.[258] Yet the eighth or sixth corn could be demanded according to the quality of the soil and the amount of labour required upon it, and the fifth part of the increase in cattle and in gold and silver. In cases of necessity the fourth part of the harvest could be demanded, "when the king is protecting his people with all his power." Of the gain on fruit-trees, herbs, flowers, perfumes and honey the king can take the sixth part. From the wares of the merchant which come to be sold, the king may take the twentieth;[259] and those who live by retail trade may be compelled to pay a moderate tax. Artisans, day-labourers, and cudras who earn too little to be able to pay taxes, the king compels to work for him one day in each month.[260]

From this it is clear how extensive was the circle from which taxes were paid; all incomes, whether from the soil and under it, even to flowers and honey, or from the breeding of cattle, all purchases and sales were taxed, and the rates at which the taxes were levied were high. There were besides presents in kind. If we add to these the exactions of the tax-gatherer, which in the East have rarely been wanting, the burdens prescribed and imposed by the laws must have been very considerable. It would afford little protection to those who had to pay that Manu's laws required that the taxes should be collected by men of good family whose characters were free from avarice.[261] Yet these and other rules in the book show that an attempt was made to introduce order, and, at any rate, a certain moderation into the taxation. The good advice given in conclusion to the king, that he should collect his yearly tribute in small portions, even as the bee and the leech suck in their nourishment gradually,[262] is rather evidence of Machiavellian policy than of good feeling towards the taxpayers, while the open reference to the leech as a pattern of moderation is equivalent to an acknowledgment of the draining process of which we find evidence elsewhere. From the general duty of paying taxes the "learned Brahman" is alone exempted; from him the king is never to take tribute even though he were dying of hunger;[263] the Brahmans, as we shall see, paid their sixth in intercessions.[264]

The rules given in the law for taxation are not of recent date. The sixth part of the harvest is there prescribed as the rule. From the accounts of the Greeks about the year 300 B.C. the fourth part of the harvest was collected, and a tenth from trade.[265] According to the sutras of the Buddhists the pressure of taxes in some states on the Ganges became exhausting. Subsequently, the princes of the Mahrattas took a fifth of the harvest, which seems to have become the rule in later times, and occasionally a fourth, in corn or coin. The Sultan Akhbar caused the whole land to be measured and the value of the produce to be calculated on an average of the harvests of nineteen years, and the size of the farm; then he took the third part of the produce thus estimated in gold, with entire release from all other taxes. Lands in the possession of the Brahmans partially enjoy even to this day the traditional freedom from taxation.

As it is difficult for one man to govern a great kingdom the book advises the king to choose seven or eight ministers from men whose fathers have already been in the service of the crown, persons of good family, of knowledge of the law, bold and skilful in the use of weapons.[266] He is to secure their fidelity by an oath. With them he is to consider all affairs, first with each singly, then with all together; after this he may do what seems to him best. On matters of great importance the king must always ask the advice of one Brahman of eminence, and consider the affair with him as his first minister.[267]

The sutras of the Buddhists as well as the epic poems show us the court of the king arranged according to these rules; in the Ramayana, king Dacaratha of Ayodhya has eight ministers together with his Parohita and Ritvij.[268]

The plan presented by the law for the management of the state is very simple. The king is to place officers (_pati_, lords) over every village, and again over every ten or twenty villages (_grama_), so that these places with their acreage formed together a district. Five or ten such districts form a canton, which contains a hundred communities, and over this in turn the king places a higher magistrate. Ten of these cantons form a region, which thus comprised a thousand villages, and this is administered by a governor.[269] The overseers of districts are to have divisions of soldiers at their disposal to maintain order in their districts. Thefts and robbery which they are unable to prevent with their own forces they must report to the overseers of cantons.[270]

Thus the states of India were governed by a complicated series of royal magistrates subordinated to each other, which is of itself evidence of an advanced stage of administration. Whether the kings of India adopted this or some other plan for the management of their states, which in the first instance were of no great extent, experience must have taught, before Manu's laws received their present form, that these magistrates did not always discharge their duties faithfully, but were guilty of caprice and oppression. The subordination of the magistrates is intended to supply a means of control; but the law also requires regular payment of officers. "Those whom the king employs for the security of the land,"

we are told, "are as a rule knaves, who gladly appropriate the property of the subjects."[271] In order to prevent this as far as possible regular payment is absolutely necessary. The fourth cla.s.s (the overseers of the villages) is to receive what the village has to contribute to the king in rice, wood, and drink; the third cla.s.s (the overseers of districts) must receive as pay the produce of an estate, which requires twelve steers to cultivate it; the second cla.s.s must receive the produce of a plot five times as large, &c.[272] Moreover, in every great city the king must nominate a head overseer, and must from time to time cause reports to be made by special commissaries of the manner in which the magistrates perform their duties; and those who take money from the people with whom they have to do, the king must drive out of the land and confiscate their property.[273]

The advice which the book imparts to the kings on the duties they have to fulfil beside the protection of the subjects, the maintenance of order, and the supervision of their magistrates; the art of government sketched for them, the regulations for personal security put into their hand, are the result of an unfettered reflection on all these relations for which no limitations and principles are in existence, except the interest of uncontrolled dominion, and the respect due to the Brahmans.

The king is to take up his abode in a healthy and rich district, inhabited by loyal people, who get their living easily, and surrounded by peaceful neighbours. In such a district he is to choose a place difficult of access owing to deserts or forest. If these are not to be found the king must build his citadel on a mountain, or he must make it inaccessible by specially strong walls of stone or brick, or by trenches filled with water. As a man can do nothing to a wild animal when in its hole, so the king has nothing to fear in an inaccessible place. In the midst of such a fortress the king must build his palace with the necessary s.p.a.ces properly divided in such a manner that it can be inhabited at any period of the year. The palace must be provided with water and surrounded with trees, the entire dwelling must then be enclosed by trenches and walls. The citadel, in which the palace lies, must be well provided with arms, supplies, beasts of burden, fodder, machines, and Brahmans. One archer behind the breast of the wall easily holds a hundred enemies in check.[274] The guard in the interior of the palace is to be trusted only to men of little spirit, for brave men, seeing the king frequently alone or surrounded by women, could easily slay him at the instigation of his enemies. It is best to pay regularly the servants of the palace; the chief servants are to receive six panas a day, six dronas of corn a month, and six suits of clothes in the year; the lowest receive one pana a day, one drona of corn a month, and an upper and under garment twice in the year.[275]

The king, his council, his treasure, his metropolis, his land, army, and confederates--these are, according to the book of the law, the seven parts of the kingdom, which ought mutually to support each other. The king is the most important part, "because through him all the other parts are set in motion;" his destruction brings with it the ruin of the rest. Hence the king must take thought for his preservation. For this object the book advises him--besides securing the metropolis, the citadel, and the people in it--to pay attention to a good arrangement of the day. With early dawn he is to rise and purify himself, in deep meditation to offer his sacrifice to Agni, and show his respect for the Brahmans who know the three holy books.[276] Then he must go to the magnificent hall of reception, and there delight his subjects by gracious words and looks. After administering justice he is to consult with his ministers in some secret place where he cannot be overheard, on a lonely terrace or on the top of a mountain. In the middle of the day, if he is free from disquiet and weariness (or in the middle of the night), he must reflect on virtue, content, and riches, on war and peace, on the prospect of success in his undertakings. Then he must bathe, take such exercise as becomes a king, and then repair to the meal in his inner chambers. There he must take food prepared for him by old, faithful, and trustworthy servants, but previously tested with the help of a partridge, whose eyes become red if there is poison in the dish. He must consecrate the food by prayers, which will destroy the poison contained in it. He must at all times carry precious stones with him, to counteract the effect of poison, and must mix antidotes with his food.[277] After dinner the women make their appearance to fan him, and sprinkle him with water and perfumes, but not till their ornaments and dress have been carefully searched to see that neither weapons nor poison are hidden in them. When the king has pa.s.sed the suitable time with his wives, he occupies himself anew with public business. He puts on his armour, and reviews his warriors, elephants, horses, chariots, and arms.[278] In the evening, after sacrifice, he repairs in his armour to a remote part of the palace, in order to receive the accounts of his spies. Then he takes his evening meal in his innermost chambers, at which his wives attend him. After a light repast and some music, he lies down to rest at the proper time, and rises refreshed in the morning.[279]

The book advises the king to make conquests, and gives him counsel on the conduct of war. This may be explained as a survival of the old warlike feeling of the people, or as the result of the duty imposed on the Kshatriyas, or from the encyclopaedic nature of the book, which includes all sides of civic life. The ideal of the Brahmans lay no doubt in a quiet and peaceful life, but like other priesthoods they were inclined to leave the state a free course in its desire for extension of power so long as it satisfied the requirements they laid upon it.

Conquests, the book tells us, cannot be made till a treasure has been collected and the troops carefully exercised.[280] Every neighbour is to be regarded as an enemy, but the neighbour of a neighbour as a friend.

While the king must carefully conceal the weaknesses of his own kingdom, he must spy out the weakness of the enemy; he must send spies into the enemy's land, just as he uses them to detect gambling, theft, and cheating in his own. The persons best suited for this purpose are fict.i.tious penitents, degraded eremites, broken merchants, starving peasants, and finally young men of bold and acute spirit; these must collect accurate information concerning the ministers, treasures, and army of the hostile state.[281] The choice of the amba.s.sador sent to the enemy's coast is of the first importance both for knowing the country, and ascertaining the views of the prince. He must be a man of high birth, of acuteness and honesty, friendly in his manners. In negotiations with the hostile prince, this envoy must be able to judge of his intentions from his conduct, tone, att.i.tude, and demeanour; he must detect his plans by secretly bribing a covetous minister.[282] When acquainted with the strength and designs of the enemy, the king must attempt to weaken their power and strengthen his own. For this purpose he must by all possible means create dissension in the enemy's country, or foster a dissension already existing; he must gain over relatives of the prince who prefer a claim to the throne, or discontented and displaced ministers; and make presents to the subjects of the hostile prince. Finally, he must conclude treaties with the ambitious neighbours of the hostile state, and attempt to break off his alliances, by creating personal dissensions between the princes.[283]

The issue of all things in this world, the book says, depends on the laws of fate, which are regulated according to the acts of men in their former existence. These laws are concealed from us; we must therefore hold to things which are accessible. It is enough if the king keeps three things before him in these undertakings; himself, the object he has in view, the means of attaining it. Starting from the experience of the past and the present situation of affairs, he must attempt to discover the probable issue. He who can foresee the use or harm of any resolution, who decides quickly at a given moment, and can see the consequences of any event, will never be overcome. A prince who is firm in his views, liberal and grateful to all who serve him, bold, skilful, and fearless, will, in the opinion of the sages, hardly be overcome.

Fortune attends the enterprising and enduring prince, and he who keeps his counsels secret will extend his power over the whole earth.[284]

If the king is attacked unexpectedly he must take refuge in negotiations; in such a case he must also make up his mind to endure some slight injury, and even sacrifice a part of his kingdom. But if he has made all his preparations and concealed them, if he has drawn all the parts of his kingdom into himself like a tortoise; if the fortresses are armed and garrisoned, if the six divisions of the army--the elephants, chariots, cavalry, foot-soldiers, generals, and baggage--are ready, and he has made arrangements for his absence, he must consider like a hawk the best mode of attack, the object of which must be the metropolis of the enemy, and make it suddenly at a favourable time of the year. If the strength of his army consists in chariots, elephants, and cavalry, he must set out in November (Margacirsha) or in February (Phalguna) in order to find the autumn or spring harvest in the fields, in case some special misfortune has befallen the enemy, or the victory is for general reasons beyond a doubt. The march must be secured by making roads, by spies, and good advanced troops who know the signals, for which purpose daring men, of whom it is known that they will not desert, must be sought out.

Battles must be avoided as much as possible if the object can be attained by other means, for the issue of a battle can never be foreseen. But if it is found impossible to compel the enemy to make peace by devastating his land, by taking up strong positions and an entrenched camp, or by blockading him in his camp, and cutting him off from supplies--water, and wood for firing, by provoking him by day, and attacking him by night--if a battle is unavoidable, it is best in a plain to fight with cavalry and chariots, in a well watered region with elephants, in a woodland district with archers, on open ground with sword and shield. The Kshatriyas of Brahmavarta and Brahmarshideca, from the lands of the Matsyas, Panchalas, and curasenas were to be placed in the front ranks, or if these were not forthcoming, tall and skilful men of other regions. Poisoned arrows and fire arrows are not to be used. A man on a chariot or a horse is not to attack a foot-soldier; an enemy is not to be attacked who is already engaged with an opponent, or has lost his arms, or is wounded. These rules, like the precept that the king is never to turn his back when the army has been set in array, are results of the old warlike and knightly feeling united with the view of the Brahmans, that each order should fulfil its proper office. It is the duty of the Kshatriyas not to fly, says the book, but much more of the king; kings who fight with great courage in the battle, eager to overcome each other, and do not turn aside their heads, go straight into heaven when they fall. Those who pray for life with folded hands, the severely wounded, and those who fly, are not to be slain.[285] According to these regulations the regions of Brahmavarta and Brahmarshideca produce not only the best Brahmans but the best Kshatriyas. The accounts of the Greeks from the fourth century B.C. prove that at any rate the princes of the land of the Indus knew how to fight bravely. Megasthenes tells us that they rarely came to close conflict, but generally carried on the contest with large bows at a distance.

When victory has been won, the law advises the king, however weary he may be, to follow it up quickly. According to the regulations of the Veda, gold and silver found in the booty belong to the king, everything else to the man who has taken it. If the enemy's land is conquered an attempt must be made to secure the possession of it. The king must issue a proclamation to relieve all the inhabitants from alarm; he must worship the deities worshipped by the conquered land, and pay respect to the virtuous Brahmans in it. Under certain circ.u.mstances it is good to make distributions to the people; to carry off treasures arouses hatred, to distribute them excites love; each is worthy of praise or blame according to circ.u.mstances. Finally, the book utterly disregards the possible result of the excellent advice given by laying down the rule that the king may hand over the conquered district to a prince of the royal blood, and prescribe certain conditions with which he is to rule there as a va.s.sal king. It is obvious that such relations must soon end in revolts. The position of the va.s.sal king is too strong for obedience, and his strength is a temptation to acquire complete freedom and independence. Manu's doctrines are intended for these va.s.sal kings also; they may apply them like the chief kings for their own benefit.

No regulations are given in the book for the succession to the throne.

It only requires that a consecration shall take place on the accession of a new king. If the king feels that his end is near, he must distribute his treasures to the Brahmans; hand over the kingdom to his son, and seek death in battle; if there is no war, the old king must end his life by starvation. The precept that the king should seek death in battle is again a remnant of the old feeling; he must live and die like a Kshatriya.

The Epos and legends of the Brahmans are in complete agreement with the book of the law as to the necessity of monarchy, its objects and duties.

It has been mentioned already how the Brahmans created a new king out of the body of the dead king Vena (p. 149), as a protection against the robbers who rose up on all hands. A land without a king, we are told in the Ramayana, is like a cow without a bull, a herd without a herdsman, a night without a moon, a woman who has lost her husband. There is then no property; men consume each other as one fish eats another. When there is no king Indra does not water the plains, the fields are not sown, the son does not obey the father, No rich man builds houses and lays out parks; no priest skilled in sacrifice brings offerings to the G.o.ds. The people do not dance at the festival, the minstrels are not surrounded by an audience. No maiden adorned with gold walks in the evening in the gardens, no elephant sixty years old stands in the ways with tusks adorned with bells. The peasant and the herdman cannot sleep securely with open doors; the traders are not safe in the streets. When there is no king the ceaseless sound of archers practising for battle is never heard.[286] In the Mahabharata we are told of Yudhishthira's reign at Indraprastha that he ruled with great justice, protected his subjects as his sons, and conquered his enemies round about, so that every one in the land was without fear or distress, and could apply his whole mind to the fulfilment of religious duties. The kingdom received an abundance of rain at the proper time; all the inhabitants were rich, and testified to the virtues of the king in the abundance of the harvests, in the increase of the flocks, and in the great growth of trade. There was neither drought nor inundation; the parrots did not eat the corn; there were no swindlers, liars, or thieves in the land.

In the Epos also we find the kings dwelling in fortified cities and citadels. According to the Ramayana, Ayodhya is a city surrounded by high walls, with broad and deep trenches and strong gates; the gateways and the towers on the walls are occupied with archers; in the midst of the city was the royal citadel surrounded by walls, so lofty that no bird could fly over it, watched by a thousand warriors strong and courageous as lions. In the three first of the five courts of this citadel, young soldiers kept watch; in the two last, where the king and his wives dwelt, were old men. In the Epos the kings when old lay aside their crowns, as the book commands, and resign them to their sons. The aged Dhritarashtra of Hastinapura resigns the throne to Yudhishthira; Dacratba of Ayodhya wishes to give it up to Rama. Dhritarashtha and Yudhishthira end their days in the wilderness as Vanaprasthas, or penitents, in the manner prescribed in the book for every Dvija in his old age (p. 184). The ceremonial of consecration required by the book is described at great length in the Mahabharata and the Ramayana. Rice, white flowers, clods of earth, pieces of silver and gold, and precious stones are brought to Yudhishthira; he touches them in the traditional manner. Then fire, milk, honey, curdled milk, purified b.u.t.ter, the holy goblets, leaves and twigs of the sacred trees, and vessels with consecrated water are placed before the king. When the sacrificial fire has been kindled, Yudhishthira with Draupadi seats himself before it on a tiger's skin; the consecrating Brahman pours the libations into the sacrificial fire--cow's milk, sweet and curdled, and melted b.u.t.ter--and in order to purify the king and queen he pours the urine of cows on their heads and then lays cowdung upon them. Then the consecrated water is poured over them, and after this the music begins to sound, and the minstrels sing the praises of Yudhishthira and his ancestors. At the consecration of Rama the golden throne is set up, the yellow parasol and the two flappers of buffalo-tails, the tiger-skin, bow and sword are brought forward. The four-yoked chariots, the elephants, the great white buffalo, the lion with strong mane, the cows with golden ornaments on their horns, the flowers and the jars filled with water from the Ganges and the holy springs and pools, are made ready.[287] Rama and Sita place themselves in beautiful garments in the portico of the palace, their faces to the east, and the people cry aloud: Long live the Maharaja (great-king) Rama; may his reign be prosperous and continue for ever!

Then the Rishis come with jars full of consecrated water, say the solemn words, and pour the water upon the heads of Rama and Sita. Then the Brahmans do the same, the Kshatriyas, Vaicyas, and cudras, and all the remaining cla.s.ses of the people. When Rama and Sita have changed their garments they return to their place in the portico; the yellow parasol is spread over Rama, and he is fanned with the two flappers. And the Brahmans and the people of Ayodhya came to bless Rama, and scattered rice in the husk and kuca-gra.s.s on his head, and Rama sent away the Brahmans with rich gifts, and the minstrels and dancers and dancing-girls were rewarded. The sutras of the Buddhists mention as the symbols of monarchy the turban and tiara, the sword, the yellow parasol, the flappers of buffalo-tails, and the parti-coloured shoes.[288] In the Ramayana, Bharata, the younger brother, will not accept the throne in the place of his elder brother Rama, though commanded to do so by his father. Then Rama takes off the gilded shoes and hands them to Bharata, a symbol of his renunciation of the throne, which was in use even among the Germans.[289] The virtuous Bharata is now compelled to reign; but he places the shoes on the throne, holds the yellow parasol over them, and causes them to be fanned by the first ministers, and before these shoes of his brother he takes counsel and administers justice.

The lecture which Rama gives his brother on the art of government is in complete harmony with the doctrines of the book of the law. He asks Bharata whether he is protecting the city of Ayodhya and all the cantons of his kingdom in a proper manner; whether he pays due respect to householders and proprietors, whether his judges give them justice? Is an accused chief set at liberty through bribery? Are the judges in any matter of law between rich and poor raised above the desire of gain? O Bharata, the tears shed by those who have been condemned unjustly, destroy the children and the flocks of him who governs with partiality.

He asks further whether Bharata despises the Brahmans who are so given up to the satisfaction of the senses and the enjoyment of the world that they do not trouble themselves about the things of heaven--whether he despises men eminent in useless knowledge, and those who profess to be wise without having learned anything: whether he prefers one learned man to a thousand of the unlearned; ten thousand of the ignorant mult.i.tude will not be able to render him any service in his government. Does he employ distinguished servants in great matters, men of lower degree in smaller affairs, and the lowest in the least important? In affairs of great moment he must employ only those who have served his father and grandfather, who have not opened their hand to bribes; heroic and learned men, who are masters of their senses, and able to untie a knot.

Dost thou despise the counsel of women, and conceal from them thy secrets? Or do thine own counsellors contemn thee, and the people, oppressed by excessive punishments? Dost thou honour those who are bold and skilful? Do thy servants and troops receive pay at the proper time?

Are thy fortresses well provided with corn, water, weapons, and archers? Is the forest, where the royal elephants are kept, well chosen?

Art thou well equipped with horses and female elephants? Hast thou store of young milch-cows? Is thy expenditure less than thy income? Dost thou bestow thy wealth on Brahmans, Kshatriyas, needy strangers? or lavish it on thy friends? Dost thou wake at the right time? Canst thou overcome sleep? Dost thou divide thy time properly between recreation, state business, and religious duties? Dost thou think at the end of the night on the way to become prosperous? Dost thou take counsel with thyself and with others also? Are thy resolutions kept secret? Do other princes know thy aims? Art thou acquainted with that which they would undertake? Are the plans formed in the councils of other princes known to thee and thy counsellors? The concealment of his counsels by his ministers is the source of success for a prince. He who does not remove an ambitious and covetous minister, who maligns others, will be himself removed. Is thine envoy a well-instructed, active man, able to answer any question on the moment? Is he a man of judgment who knows how to deliver a message in the words in which it is given to him? Art thou certain that thy officers are on thy side, if sent into foreign lands, and if none knows the commission given to another? Dost thou think lightly of enemies who, though weak and expelled from their country, may easily return? Dost thou seek to obtain land and wealth by all honest means? Dost thou bow down before thy spiritual leaders; before the aged, the penitent, the G.o.ds, strangers; before the holy groves and all instructed Brahmans?

Dost thou sacrifice wealth to virtue, or virtue to wealth, or both to favouritism, covetousness, and sensuality? The prince who rules a kingdom with justice, when surrounded with difficulties, wins heaven when he leaves this world.

We can only fix in a very general way the date at which these prescripts of the book on the art of government, and the doctrines of the Epos so completely in agreement with them, came into existence. The sutras of the Buddhists and the accounts of the Greeks from the end of the fourth century B.C. exhibit to us the kingdom of India occupied with efforts which correspond in some degree to the views of the book and the descriptions of the Epos. If however we were to conclude from the despotic power to which the monarchy attained in the states on the Ganges, that the subject populations at that time or later were disconnected and reduced, without independent movement in any sphere of life--our conclusion would be completely wrong. As traditions, modes of worship and customs of the ancient time maintained themselves beside and in spite of the new doctrine of the Brahmans, so did remains of the old communities, of the old social and political life, maintain themselves against the omnipotence of the kings. These were the clans of the minstrels, formed naturally or by the adoption of pupils--which brought the old invocations from the Indus and preserved them--which on the Ganges sang the heroic songs, the Epos in its earliest form, and afterwards became combined into the priestly order, out of whose meditations rose the new system. These clans continued in the new states. The names represent in part different traditions of the doctrine, various schools and views. But even the clans of the Kshatriyas and Vaicyas, united by the common worship of ancestors, existed on the Ganges. Only in them or in close local communities could those customs of law grow up and perpetuate themselves, to which reference is so frequently made in the book of the law. The spread of the system of castes, the accompanying tendency to perpetuate what has once come into existence, was not likely to injure the continuance of these clans. They exercised a very important supervision over the members; and by bringing the Brahmans to the funeral meals of the families, as prescribed in the book (p. 163), this supervision became an advantage to the new doctrine, and in any case a.s.sisted the Brahmans essentially in carrying out their system, just as to this day it helps in a higher degree to maintain that system. The book of the law lays down detailed regulations who is to be invited to the funeral feasts and the festivals for the souls of the departed, and who is to be excluded.

Those are to be excluded who are not true to the mission of their caste, and neglect its obligations, who do not fulfil their religious duties, who pursue forbidden and impure occupations, _e.g._ the burying of the dead for hire, dancing as a trade, dog-breaking, buffalo-catching, etc.; those who suffer from certain bodily infirmities, and finally those who lead an immoral life; usurers, drunkards, gamblers, keepers of gambling and drinking houses, adulterers and burglars, thieves and incendiaries, every one of bad reputation and character.[290] In this way the clans under the guidance of the Brahman a.s.sessors possessed the most complete censorship over the lives of the members, and a power of punishment from which there was no escape. The families could impose expiations and fines on any member who transgressed or failed to fulfil his religious, moral, or caste duties; if he refused to submit to these they could at a certain time expel him for ever out of the community, by excluding him from the funeral feast. The latter resolution of the family deprived the person on whom it fell of his entire social position; in fact, of his economical existence. It implied exclusion from the caste. No one could have any dealings with a person so expelled, otherwise he became infected by communion with him. He could not get his children married; after his decease no sacrifice for the dead a.s.suaged the punishments which awaited him in the other world. Now as ever, the clans perform the ceremony of adopting the young Dvija into the caste and family by invest.i.ture with the sacred girdle; they still exercise this jurisdiction, and as a penalty for breach of the arrangement of castes, neglect of religious duties, drunkenness, slander, and other moral errors, they impose exclusion from the family and caste by overturning the water-jar and exclusion from the funeral feast. A sentence of social extinction is thus p.r.o.nounced upon the expelled person. He is civically dead and despised. No one a.s.sociates with him in any one relation; no one holds any communion with him. The members of his own family will not give him a draught of water after his expulsion; no member even of the lowest order shelters him, for by doing so he would break the law of caste. It is only by this self-government, this censorship of the clans, that the system of caste has been able to strike such deep roots, to resist every new doctrine, and the severest attacks of foreign tyranny; that the religion, character, and civilisation of the Indians continue to exist after centuries of oppression.

The corporate form of the village communities were not of a much later date than the authority of the clans over their members. Its early stages must go back at least as far as the settlement of the Aryas in the land of the Ganges, for we find it in the same form in the districts which were not occupied by the Aryas till later, in Malava (Malva), Surashtra (Guzerat), and to a considerable extent in the provinces of the Deccan. The village community possesses a definite property (mark) consisting of arable land, pasture, forest, and uncultivated soil. The book of the law orders the overseers of districts to take care that the boundaries of the properties are marked out by the planting of trees, by wells and altars. If a contention arises between two villages about the borders, they must be marked out afresh, according to the traces which can be discovered, and the declaration of witnesses taken in the presence of inhabitants of the village. These witnesses must take their oaths in red garments, with crowns of red flowers on their heads. If witnesses cannot be found in the contending neighbouring villages, the people who dwell in the open land, or the forest, must be taken; the cowherds, fishermen, hunters, bird-catchers, snake-hunters; and on their declaration the borders must be fixed and set down in writing.[291] The community has its overseers, and the office is hereditary. He divides the quotas among the villagers, according to the measure and productiveness of the land; he also divides the uncultivated land and fixes the share in water allotted to each. He settles differences between the villagers, and manages the police, having even the power of imprisonment. As a reward for the labours of the office the overseer is in possession of a larger share in land, and receives taxes from the villagers, one or two handfuls, as a rule, from every measure of corn or rice in the harvest. But the overseer does not govern the community by his own power; he exercises all his functions surrounded by the community, who a.s.semble under the great tree, and provide him with a.s.sessors, or deputies for settling quarrels. Beside the overseer the community has its Brahman, who has to point out the proper time for beginning every business--without such certainty the Hindu undertakes nothing--who narrates stories to the peasants from the Epos and legends, and in modern times at any rate is the school-master of the village.

There are also other officers, the smith, and guardian of the soil, and even a dancing-girl, to whom, along with the overseer, land and taxes are allotted.[292] In the sutras of the Buddhists we also hear of resolutions of the communities in cities, and corporations of merchants, who compel the members to pay respect to their rules by imposing fines;[293] and Megasthenes tells us that the cities in the kingdom of Magadha were governed by six independent colleges. From this we may a.s.sume that the impulse to form a.s.sociations and corporations was not unknown to the cities on the Ganges: we are however without any information as to the extent of these corporations, or the length of time during which they were able to maintain themselves against the power of the kings. The advice of the book that the king should place chief overseers over the cities has been mentioned above (p. 215). On the other hand, the village communities remain intact in their old form till this day, and they with the clans form the princ.i.p.al entrenchment behind which the old Indian character has maintained itself against native and foreign despotism. The change of princes or government has little influence on the village communities; they manage their own affairs independently: the business rarely amounts to more than an increase or diminution in taxes. The violence of the princes fell on the surrounding districts, not on quiet humble villages; it was only the tax-gatherer and the overseer of the districts that they had to fear.

But even if specially bad times came, if invasion reached and devastated the village, and the inhabitants were slaughtered or driven out, all who survived the sword and famine returned, or their children returned, to the land they had left, rebuilt their huts, and began again to cultivate the fields which their fathers had cultivated from immemorial antiquity.

In spite of the violence and barbarity of native kings and foreign conquerors, and the severe claims made upon them here and there, the Indians in their clans and village communities possessed a considerable share of freedom and self-government in the personal relations of life; this was the case with the majority of the cultivators of the soil, and the householders of all the upper castes. From the worship of the ancestors, the combination of families, there grew up within the castes of the Brahmans, the Kshatriyas, and the Vaicyas a pre-eminence and favoured position for those families which claimed to be not only of purer, but also of older and n.o.bler origin than the rest. In the circles of the separate castes this aristocracy took the place of the ancient aristocracy of the Kshatriyas. However little weight might be attributed to it by the kings, the example and pattern of these families had great influence on the lower members of the caste. In later centuries the importance of this aristocratic element was strengthened by the fact, that in the land of the Ganges the office became hereditary to which the princes had to transfer the collection of land-taxes or taxes generally in the various districts of the land. Thus the tax-gatherers were enabled to perpetuate their functions in these families; they oppressed the village communities, from which they took the taxes till they became their serfs, and thus in course of time they reached an influential and important position, which they were able to maintain with success, and have maintained in all essentials to this day.

FOOTNOTES:

[221] Muller, "Hist. of anc. Sansk. Lit." 133 ff; 200 ff. La.s.sen, "Ind.

Alterth." 2, 80; Johaentgen, "Gesetzbuch des Manu," s. 108, 163.

[222] Manu, 2, 17, 18, 21-23, 24.

[223] Manu, 3, 16; 8, 140. If Vasishtha and caunaka, as lawgivers, did not mean the old Rishis and, apparently, some traditional statements of theirs, but the first name referred to the Vasishtha-dharma-castra, and thus to the teacher of Acvalayana, these quotations like many pa.s.sages would be interpolations; and those of caunaka would not be very late, for M. Muller places this caunaka about 400 _B.C._ "Hist. of Sansk.

Lit." p. 242 ff.

[224] Manu, 8, 41, 46.

[225] Manu, 1, 119; 12, 126.

[226] There was a school of Brahmans, the Manavas, belonging to the Madhyandinas, whose text-book was the black Yajus. From the name Manava, Johaentgen concludes that it is the redaction of the Manava-school in which we have these laws, and that Manu's book is really the book of the Manavas. According to the tradition of the Indians, there ought to be three redactions of Manu, of which one numbers 4000 verses. The copies known as yet, and accessible to us, have only 2285 verses.

[227] Jolly, "Z. Vgl. Richtsw., Die Systematik des indischen Rechts."

[228] Cf. Stenzler, "Indische Studien," 1, 236, 246. La.s.sen, _loc. cit._ 1^2, 999.

[229] Buddha's active life falls, as we shall see, in the period from 585 to 543 B.C. According to the sutras of the Buddhists, the Brahmanic law was then in full force; in fact in the districts mentioned in the text stricter rules were in force than those of the laws of Manu. The law is cited in the legends of the Buddhists, _e.g._ Burnouf, "Introduct. a l'histoire du Boud." p. 133; cf. Manu, 2, 233. It is true we possess the old sutras of the Buddhists in the form which they received in the third century B.C.; but Buddha's appearance presupposes the prevalence of the Brahmanic system, the supremacy of the doctrine and practice of it. In opposition to Buddhism the system of castes has not been softened by the Brahmans, but demonstrably strengthened.

Moreover, the description of the legal and social conditions given in the sutras cannot be suspected to be mere inventions. The book of the law knows three Vedas only (cf. Manu, 4, 124); the sutras always quote four. In Manu the sentence of the Atharvan is mentioned once only (11, 33); hence the Atharva-veda seems to be later than Manu's law. In the Buddhist sutras the worship of civa is mentioned very frequently as in common use (Burnouf, _loc. cit._ p. 131); but the book of the law knows neither the name nor the G.o.d. From the accounts of the Greeks it is further clear that the worship of Vishnu was widely spread towards the end of the fourth century. This name the book contains only once, in the concluding part (12, 107-126), which has very little connection with the body of the book; and even here the word is used in the same sense as in the Rigveda (12, 121). While Ceylon was occupied by the Aryas about the year 500 B.C. and the southern Mathura was founded even earlier, the knowledge of places in Manu's law does not really go beyond the Vindhyas towards the south: the Odras and Dravidas are merely mentioned in a general enumeration of nations (10, 44), and the Andhras as an impure caste (10, 36, 49). The kingdoms of Mathura and Kerala would certainly have been mentioned if they had been in existence. The book of the law mentions the Nyaya (logic), the system of Mimansa, though only in the suspected conclusion (12, 109, 111), but not the Buddhists. It is true expressions occur, like liars (Nastika, 2, 11), revilers of the Veda (Vedanindaka), but we know that before Buddha the Sankhya doctrine denied both the G.o.ds and the Veda. I can, therefore, concede to Johaentgen (who places the book between 500 and 350 B.C.) that germs and a.n.a.logies from the Sankhya doctrine occur in it, especially in the doctrine given in the introduction of the elements and properties (1, 74-78); this requires no alteration in the date. It ought to be observed that in the book of the law the kings and heroes of the Epos are not mentioned at all, but names of kings are found which occur in the Vedas: Vena, Nahusha, Pijavana, Sumukha, Nimi, Prithu (Manu, 7, 41, 42; 9, 44, 66); hence we may conclude that the book was brought to a close before the revision of the Epos from a priestly point of view was accomplished, or at any rate became a common possession of all. M. Muller's position, that the _a.n.u.shtubh clka_ was first used in the last centuries B.C., would affect only the form of the book, not the rules themselves; and Goldstucker is of opinion that this metre is of a far older date.

However this may be, the metrical redaction of the Manava-dharma-castra is not its original form: it is based upon a non-metrical Dharma-sutram.

That the oldest Grihya-sutras and crauta-sutras are older than the first Dharma-sutra is allowed; but this does not prove the modern origin of the latter. A complete civilisation like that exhibited to us in the philosophy and grammar of the Indians before Buddha, by the sutras of the Buddhists and the accounts of the Greek, was certainly not without a systematic canon to answer the questions in life for the Brahmans. They required the power of the state, and could not leave it without a guide.

It would be inconceivable how the condition of India, which Buddha finds, could have grown up without such a guide for princes and judges.

Muller himself maintains that the distinction of cruti and Smriti existed before Buddha; that it was the cruti already containing Mantras and Brahmanas, which gave the impulse to his reforms. "Hist. of Sansk.

Lit." p. 78 ff,; p. 86, 107, 135. If caunaka wrote, as Muller concludes, about the year 400 _b.c._, his sutras for the elucidation of the understanding of the Brahmanas, and Acvalayana wrote the sutras of ritual about the year 350, and Panini his grammar, far more important Dharma-sutras must have been written for the Brahmans before this time, and thus the grounds given above and taken for the contents of the book are in my judgment supported. From these contents, and these essential precepts, two or three prohibitions might be made to count for a later origin (Manu, 4, 102, 114; 8, 363), precepts aimed at Buddhism, but which may also have had other heterodoxy in view. There is also the mention of the name of Yavana. The Yavanas are mentioned among the nations who have sunk owing to omission of the sacred customs, along with the Odras, Dravidas, Kambojas, Duradas, cakas and Pahlavas (10, 44). Supposing that this list came from an older time, the Yavanas cakas and Pahlavas may easily have been interpolated at a later period for the sake of completeness. In any case it is clear that the laws of Manu are the oldest book of law in India in their contents and theory of law, and that the material in it is in part older than the material in the Dharma-sutras which have come down to us; Jolly, _loc. cit._ It is only in regard to the law of debt that Jolly seems to find older regulations in the book of Gautama than in that of Manu. "Abh. M. A." 1877, s. 322.

[230] Manu, 1, 35.

[231] Manu, 1, 1-78, 119; 12, 126. The four periods of the world are mentioned in Kaus.h.i.taki-Brahmana, in M. Muller, "Hist. of Sansk. Lit."

p. 412.