237. On all sides of a village a space, one hun- dred dhanus or three samya-throws (in breadth), shall be reserved (for pasture), and thrice (that space) round a town.
238. If the cattle do damage to unfenced crops on that (common), the king shall in that case not punish the herdsmen.
239. (The owner of the field) shall make there a hedge over which a camel cannot look, and stop 234. I read with Medh. and Gov. anka^^ ka, 'their particular marks,' instead of arigani, ' their (other) limbs' (Ragh., Nand., K., and the editions). To judge from the commentary, Kull. must have had the same reading as Medh. and Gov.
237. Ya^riL II, 167. Dhanus, literally ' a bow's length '=4 hastas or about 6 feet. The jamya is a short, thick piece of wood, used at sacrifices. A jamya-throw is mentioned as a measure also by VIII, 243- DISPUTES — MASTER AND SERVANTS. 297 every gap through which a dog or a boar can thrust his head.
240. (If cattle do mischief) in an enclosed field near a highway or near a village, the herdsman shall be fined one hundred (pa/zas); (but cattle), unattended by a herdsman, (the watchman in the field) shall drive away.
241. (For damage) in other fields (each head of) cattle shall (pay a fine of) one (pa/za) and a quarter, and in all (cases the value of) the crop (destroyed) shall be made good to the owner of the field; that is the settled rule.
242. But Manu has declared that no fine shall be paid for (damage done by) a cow within ten days after her calving, by bulls and by cattle sacred to the gods, whether they are attended by a herdsman or not.
243. If (the crops are destroyed by) the husband- man's (own) fault, the fine shall amount to ten times as much as (the king's) share; but the fine (shall be) only half that amount if (the fault lay) with the servants and the farmer had no knowledge of it.
241. 'The cattle/ i.e. 'the herdsman shall pay for the cattle.' ' In all cases/ i. e. ' whether the cattle were attended by a herdsman or not' (Medh., Gov., Kull., Ragh.).
242. A cow is, according to Nar., during the first days after calving utterly unmanageable. ' Bulls/ i. e. ' those set at liberty (see Vi. LXXXVI) are meant' (Nar., Kull.), which may be met with near many Indian villages and in many towns. ' Cattle sacred to the gods/ i. e. either ' such as are set apart for sacrifices,' or ' such as are dedicated to temples' (Medh.). The other commentators prefer the second explanation.
243. Ap. II, 28, 1. 'The husbandman's (own) fault/ i.e. 'if he 244. To these rules a righteous king shall keep in (all cases of) transgressions by masters, their cattle, and herdsmen.
245. If a dispute has arisen between two villages concerning a boundary, the king shall settle the limits in the month of Gyaish/^a, when the land- marks are most distinctly visible.
246. Let him mark the boundaries (by) trees, (e.g.) Nyagrodhas, Asvatthas, Ki^i-ukas, cotton - trees, .Salas, Palmyra palms, and trees with milky juice, 247. By clustering shrubs, bamboos of different kinds, 6amis, creepers and raised mounds, reeds, thickets of Kub^aka; thus the boundary will not be forgotten.
248. Tanks, wells,, cisterns, and fountains should be built where boundaries meet, as well as temples, 249. And as he will see that through mens igno- rance of the boundaries trespasses constantly occur in the world, let him cause to be made other hidden marks for boundaries, 250. Stones, bones, cow's hair, chaff, ashes, pot- sherds, dry cowdung, bricks, cinders, pebbles, and sand, has allowed his crops to be eaten by cattle, or has not sown the field in proper time, &c/ (Medh., Gov., Kull., Nar., Ragh.).
245. (ryaish/^a, i. e. May-June, ' when the grass has been dried up by the heat' (Medh., Kull., Ragh.).
246. Ya§™. II, 151. Nyagrodha, Ficus Indica; A^vattha, Ficus Religiosa; Ki^zxuka, ButeaFrondosa; -Sala, ShoreaRobusta. 'Trees with milky juice,' i.e. 'Arka (Calatropis Gigantea), Udumbara (Ficus Glomerata), &c.'
247. »Sami, Acacia Suma; ' mounds/ i. e. the heaps of earth are meant which now are used generally as landmarks in British districts. Instead of Kub^aka Nand. reads Kulyaka.
VIII, 257» BOUNDARY DISPUTES. 299 251. And whatever other things of a similar kind the earth does not corrode even after a long time, those he should cause to be buried where one boundary joins (the other).
252. By these signs, by long continued posses- sion, and by constantly flowing streams of water the king shall ascertain the boundary (of the land) of two disputing parties.
253. If there be a doubt even on inspection of the marks, the settlement of a dispute regarding boundaries shall depend on witnesses.
254. The witnesses, (giving evidence) regarding a boundary, shall be examined concerning the land- marks in the presence of the crowd of the villagers and also of the two litigants.
255. As they, being questioned, unanimously decide, even so he shall record the boundary (in writing), together with their names.
256. Let them, putting earth on their heads, wearing chaplets (of red flowers) and red dresses, being sworn each by (the rewards for) his meritorious deeds, settle (the boundary) in accordance with the truth.
257. If they determine (the boundary) in the 251. According to Kull., who relies on a passage of Br/haspati, these objects are to be placed in jars.
254. According to the commentators the verse refers to a dis- pute between two villages, and the two litigants are persons deputed by each village to conduct the case (see also below, verse 261).
255. All the commentators explain nibadhniyat by 'he shall record in writing,' and as it is specially mentioned that the names of the witnesses shall be given, it seems impossible to take the word in any other sense. Medh. says that, if the witnesses dis- agree, the opinion of the majority shall be taken.
manner stated, they are guiltless (being) veracious witnesses; but if they determine it unjustly, they shall be compelled to pay a fine of two hundred (pa/zas).
258. On failure of witnesses (from the two vil- lages, men of) the four neighbouring villages, who are pure, shall make (as witnesses) a decision con- cerning the boundary in the presence of the king.
259. On failure of neighbours (who are) original inhabitants (of the country and can be) witnesses with respect to the boundary, (the king) may hear the evidence even of the following inhabitants of the forest, 260. (Viz.) hunters, fowlers, herdsmen, fishermen, root-diggers, snake-catchers, gleaners, and other foresters.
261. As they, being examined, declare the marks for the meeting of the boundaries (to be), even so the king shall justly cause them to be fixed between the two villages.
262. The decision concerning the boundary-marks of fields, wells, tanks, of gardens and houses depends upon (the evidence of) the neighbours.
263. Should the neighbours give false evidence, 258. Men from the four surrounding villages are meant, as Kull. suggests. The correctness of this opinion is proved by the fact that the land-grants usually mention 'the four boundaries' (^aturagha/anani) of the villages given away. Medh. and Nand. read gramasamantavasina^, ' four men living in, &c.'
259. Maulanam, 'original inhabitants,' i.e. 'whose ancestors have lived there since the settlement of the village' (Medh., Gov., Kull., Ragh.).
260. 'Other foresters/ i.e. 'those who collect flowers, fruit, and fuel' (Medh., Gov., Kull.), or 'Sabaras and the rest' (Nar.).
VIII, 270. BOUNDARY DISPUTES; DEFAMATION. 3OI when men dispute about a boundary-mark, the king shall make each of them pay the middlemost amercement as a fine.
264. He who by intimidation possesses himself of a house, a tank, a garden, or a field, shall be fined five hundred (pa^as); (if he trespassed) through ignorance, the fine (shall be) two hundred (pa/zas).
265. If the boundary cannot be ascertained (by any evidence), let a righteous king with (the inten- tion of) benefiting them (all), himself assign (his) land (to each); that is the settled rule.
266. Thus the law for deciding boundary (dis- putes) has been fully declared, I will next propound the (manner of) deciding (cases of) defamation.
267. A Kshatriya, having defamed a Brahma^a, shall be fined one hundred (pa/zas); a VaLsya one hundred and fifty or two hundred; a *Stidra shall suffer corporal punishment.
268. A Brahma/za shall be fined fifty (pa/zas) for defaming a Kshatriya; in (the case of) a VaLyya the fine shall be twenty-five (pa^as); in (the case of) a 6ildra twelve.
269. For offences of twice-born men against those of equal caste (var^a, the fine shall be) also twelve (pa/zas); for speeches which ought not to be uttered, that (and every fine shall be) double.
267-277. Ap. II, 27, 14; Gaut. XII, 1, 8-14; Vas. IX, 9; Vi.
269. 'Speeches that ought not to be uttered,' i. e. 'insinuations against the honour of another's female relatives, especially mothers and sisters' (Medh., Gov., Kull., Ragh.), with which the Hindus, like other Orientals, are very ready.
270. The last clause refers, according to the commentators, to the a X I 302 LAWS OF MANU. VIII, 271.
twice-born man with gross invective, shall have his tongue cut out; for he is of low origin.
271. If he mentions the names and castes (^ati) of the (twice-born) with contumely, an iron nail, ten fingers long, shall be thrust red-hot into his mouth.
272. If he arrogantly teaches Brahma/zas their duty, the king shall cause hot oil to be poured into his mouth and into his ears.
273. He who through arrogance makes false statements regarding the learning (of a caste-fellow), his country, his caste (^ati), or the rites by which his body was sanctified, shall be compelled to pay a fine of two hundred (pa^as).
274. He who even in accordance with the true facts (contemptuously) calls another man one-eyed, lame, or the like (names), shall be fined at least one karshapa;za.
275. He who defames his mother, his father, his wife, his brother, his son, or his teacher, and he who gives not the way to his preceptor, shall be com- pelled to pay one hundred (pa^as).
276. (For mutual abuse) by a Brahma/za and a origin of the -Sudra from Brahman's feet; see above, I, 31. Accord- ing to Medh. the expression ' once-born' includes men born from high-caste fathers and low-caste mothers.
271. I.e. if he says 're Ya^wadatta/ or 'thou scum of the Brahma/zas.'
273. ' (Of a caste-fellow)/ (Kull., R&gh.), Gov. too states that the rule cannot refer to £udras, because the punishment is too light. Medh. explains karma by ' occupation/ and jariram by ' bodily (de- ficiencies)/ while the others refer karma jariram to a denial of the initiation.
275. Aksharayati, 'defames/ i.e. 'accuses them of a mortal sin' (Gov., Kull., Ragh.), or 'of incest* (Nar.), or 'causes dissen- sions between them and others' (Medh.), or 'makes them angry' (Nand.).
VIII, 282. ASSAULT AND HURT. 303 Kshatriya a fine must be imposed by a discerning (king), on the Brahma/za the lowest amercement, but on the Kshatriya the middlemost.
277. A VaLsya and a 6udra must be punished exactly in the same manner according to their re- spective castes, but the tongue (of the 6udra) shall not be cut out; that is the decision.
278. Thus the rules for punishments (applicable to cases) of defamation have been truly declared; I will next propound the decision (of cases) of assault.
279. With whatever limb a man of a low caste does hurt to (a man of the three) highest (castes), even that limb shall be cut off; that is the teaching of Manu.
280. He who raises his hand or a stick, shall have his hand cut off; he who in anger kicks with his foot, shall have his foot cut off. ^j 281. A low-caste man who tries to place himself on the same seat with a man of a high caste, shall jK be branded on his hip and be banished, or (the king) shall cause his buttock to be gashed.
282. If out of arrogance he spits (on a superior), the king shall cause both his lips to be cut off; if he urines (on him), the penis; if he breaks wind (against him), the anus.
277. I.e. if a -Sudra defames a Vawya his tongue is not cut out, but he pays the middlemost amercement.
280. Praharet, ' kicks,' i. e. ' lifts his foot in order to kick' (Medh., Nar., Nand.).
281. Ap. II, 27, 15; Gaut. XII, 7; Vi. V, 20. According to Medh., Gov., Kull., the rule refers to a Brahmarca and a -Sudra; according to Ragh., to the latter and an Aryan; according to Nar., to a Kshatriya, Vai^ya, or.Sudra offending against a Brahmawa.
283. If he lays hold of the hair (of a superior), a/ let the (king) unhesitatingly cut off his hands, like- ^ wise (if he takes him) by the feet, the beard, the I neck, or the scrotum.
284. He who breaks the skin (of an equal) or fetches blood (from him) shall be fined one hundred (pa/zas), he who cuts a muscle six nishkas, he who breaks a bone shall be banished.
285. According to the usefulness of the several (kinds of) trees a fine must be inflicted for injuring them; that is the settled rule.
286. If a blow is struck against men or animals in order to (give them) pain, (the judge) shall inflict a fine in proportion to the amount of pain (caused).
287. If a limb is injured, a wound (is caused), or blood (flows, the assailant) shall be made to pay (to the sufferer) the expenses of the cure, or the whole (both the usual amercement and the expenses of the cure as a) fine (to the king).
284. Vi.V, 66-70; Yagn. II, 218. '(Ofanequal),'(Medh.,Kull., Nand.) According to Ragh., the rule refers to *Sudras assaulting -Sudras. According to Nar., the last offender's property shall be confiscated.
285. Vi. V, 55-59; Yagfi. II, 227-228. The expression ' trees ' includes all plants (Medh., Kull.). According to Gov., the fine for injuring trees which give shade only is to be very small; in the case of flower-bearing trees, middling; in the case of fruit-trees, high (see Vi. loc. cit.). Medh. remarks that the position of the trees, e. g. whether they are boundary-marks, or stand on a cross-road, in a hermitage, &c, has to be taken into account (see Yagfi. loc. cit.).
287. Instead of vrawa, 'a wound' (Kull., Nar.), Medh., Gov., Ragh., Nand., and K. read prawa. Medh. explains the latter reading by ' if the vital strength is injured/ and Gov. and Ragh. by ' if the breathing power is injured by gagging.' ' Or the whole (as a) fine,' i. e. if the person injured refuses the compensation. Nar. says, ' and shall pay the whole fine, mentioned above.'
VIII, 295. ASSAULT AND HURT. 305 288. He who damages the goods of another, be it intentionally or unintentionally, shall give satis- faction to the (owner) and pay to the king a fine equal to the (damage).
289. In the case of (damage done to) leather, or to utensils of leather, of wood, or of clay, the fine (shall be) five times their value; likewise in the case of (damage to) flowers, roots, and fruit.
290. They declare with respect to a carriage, its driver and its owner, (that there are) ten cases in which no punishment (for damage done) can be inflicted; in other cases a fine is prescribed.
291. When the nose-string is snapped, when the yoke is broken, when the carriage turns sideways or back, when the axle or a wheel is broken, 292. When the leather-thongs, the rope around the neck or the bridle are broken, and when (the driver) has loudly called out, ' Make way,' Manu has declared (that in all these cases) no punishment (shall be inflicted).
293. But if the cart turns off (the road) through the driver's want of skill, the owner shall be fined, if damage (is done), two hundred (pa/zas).
294. If the driver is skilful (but negligent), he alone shall be fined; if the driver is unskilful, the occupants of the carriage (also) shall be each fined one hundred (pa^as).
295. But if he is stopped on his way by cattle or 288. 'The goods,' i.e. 'such objects as are not mentioned spe- cially' (Medh., Gov., Kull., Ragh.).
291. 'When the carriage turns sideways or backwards,' i.e. 'off the road owing to its badness, to the animals taking fright, &c.' (Medh., Gov., Kull., Ragh.).
295. There are two readings, avi^arita^, ' without doubt' (lit. ' not 306 LAWS OF MANU. VITI, 296.
by (another) carriage, and he causes the death of any living being, a fine shall without doubt be imposed.
296. If a man is killed, his guilt will be at once the same as (that of) a thief; for large animals such as cows, elephants, camels or horses, half of that.
297. For injuring small cattle the fine (shall be) two hundred (pa^as); the fine for beautiful wild quadrupeds and birds shall amount to fifty (pa/zas).
298. For donkeys, sheep, and goats the fine shall be five m&shas; but the punishment for killing a dog or a pig shall be one masha.
299. A wife, a son, a slave, a pupil, and a (younger) brother of the full blood, who have com- mitted faults, may be beaten with a rope or a split bamboo, 300. But on the back part of the body (only), never on a noble part; he who strikes them other- wise will incur the same guilt as a thief.
301. Thus the whole law of assault (and hurt) has been declared completely; I will now explain the rules for the decision (in cases) of theft.
302. Let the king exert himself to the utmost to considered'), and vi^arita^, ' is considered (to be just).' Medh. gives besides the explanation, adopted in the translation according to Kull., another one, ' is not considered (just)/ He mentions also the second reading, which Gov., Ragh., Nar., and Nand. have, and explains it with them by ' is considered (to be just).'
296. ' The same as that of a thief/ i. e. ' he must pay the highest amercement, or 1000 pa«as' (Medh., Gov., Nar., Kull., Ragh., Nand.).
300. ' Not on a noble part,' i. e. ' not on the chest or the head, &c.' (Medh., Kull.).
punish thieves; for, if he punishes thieves, his fame grows and his kingdom prospers.
303. That king, indeed, is ever worthy of honour who ensures the safety (of his subjects); for the sacrificial session (sattra, which he, as it were, per- forms thereby) ever grows in length, the safety (of his subjects representing) the sacrificial fee.
304. A king who (duly) protects (his subjects) re- ceives from each and all the sixth part of their spiritual merit; if he does not protect them, the sixth part of their demerit also (will fall on him).
305. Whatever (merit a man gains by) reading the Veda, by sacrificing, by charitable gifts, (or by) wor- shipping (Gurus and gods), the king obtains a sixth part of that in consequence of his duly protecting (his kingdom).
306. A king who protects the created beings in accordance with the sacred law and smites those worthy of corporal punishment, daily offers (as it were) sacrifices at which hundred thousands (are given as) fees.
307. A king who does not afford protection, (yet) takes his share in kind, his taxes, tolls and duties, daily presents and fines, will (after death) soon sink into hell.
307. ' The share in kind/ i. e. * the sixth part of the harvest' (Medh., Gov., Kull., Nar., Ragh.), or ' the choice portions of fruit, grain, &c. to be given to the king.' 'Taxes,' i.e. ^anghadana (Medh.), or the land-tax paid in money (Nar.), * monthly taxes, or taxes payable in certain months by the villagers' (Gov., Kull., Ragh.). «Sulka, i. e. £ the tolls and duties payable by merchants and traders ' (Medh., Gov., Kull., Nar., Ragh.). For pratibhagam, i. e. ' the daily presents of fruit, vegetables, &c.,' the so-called Z>alis (Medh., Kull.), LAWS OF MANU.
308. They declare that a king who affords no protection, (yet) receives the sixth part of the pro- duce, takes upon himself all the foulness of his whole people.
309. Know that a king who heeds not the rules (of the' law), who is an atheist, and rapacious, who does not protect (his subjects, but) devours them, will sink low (after death).
310. Let him carefully restrain the wicked by three methods, — by imprisonment, by putting them in fetters, and by various (kinds of) corporal punishments.
311. For by punishing the wicked and by favouring the virtuous, kings are constantly sancti- fied, just as twice-born men by sacrifices.
312. A king who desires his own welfare must always forgive litigants, infants, aged and sick men, who inveigh against him.
313. He who, being abused by men in pain, par- dons (them), will in reward of that (act) be exalted in heaven; but he who, (proud) of his kingly state, Nar. and Ragh. read pratibhogam, Gov. bhutibhogam, and Nand. pritibhogam, but the explanation of the first two var. lect. is the same. Pritibhoga would however denote all ' benevolences,' which usually are called pritidana and are levied on particular occasions.
308. Medh. and Nar. read arakshitaram attaram, '(a king) who affords no protection, (yet) devours (his subjects and) takes, &c.'
309. Nand. reads at the end of the verse asatyawz ka. nripam tya^-et, ' Let him forsake a king who heeds not the rules...and is untruthful.' This var. lect. is mentioned by Medh. Vipralumpa- kam (or clopakam), ' rapacious,' means according to Nar., Nand., and Ragh. ' who takes the goods of Brahmawas or injures them.'
310. 'The wicked,' i.e. 'thieves, because the topic (is theft),' (Medh.).
forgives them not, will for that (reason) sink into hell.
314. A thief shall, running, approach the king, with flying hair, confessing that theft (and saying), 'Thus have I done, punish me;' 315. (And he must) carry on his shoulder a pestle, or a club of Khadira wood, or a spear sharp at both ends, or an iron staff.
316. Whether he be punished or pardoned, the thief is freed from the (guilt of) theft; but the king, if he punishes not, takes upon himself the guilt of the thief. ^jt 317. The killer of a learned Brahma^a throws his guilt on him who eats his food, an adulterous h wife on her (negligent) husband, a (sinning) pupil or. < sacrificer on (their negligent) teacher (or priest), a J thief on the king (who pardons him).
318. But men who have committed crimes and have been punished by the king, go to heaven, being pure like those who performed meritorious deeds.
319. He who steals the rope or the water-pot from a well, or damages a hut where water is distri- 314. Medh. and Nand. read instead of dhavata, 'running,' dhimata, (shall approach the king) ' with firm determination/ But Medh. mentions the other reading too, the correctness of which is attested by Vas. loc. cit. According to the commentators and the parallel passages, a repentant thief is meant who has stolen gold belonging to a Brahmawa; see also below, XI, 199-201.
317. Vas, XIX, 44. Medh. gives verse 317 after 318, but remarks that the order ought to be inverted. He says that a priest must leave a disobedient sacrificer; else the guilt of irregularities com- mitted by the latter will fall upon the priest.
319. ' Damages,' i.e. ' takes away the wood belonging to it' (Nar.).
3IO LAWS OF MANU. VIII, 320.
buted, shall pay one masha as a fine and restore the (article abstracted or damaged) in its (proper place).
320. On him who steals more than ten kumbhas of grain corporal punishment (shall be inflicted); in other cases he shall be fined eleven times as much, and shall pay to the (owner the value of his) property.
321. So shall corporal punishment be inflicted for stealing more than a hundred (palas) of articles sold by the weight, (i. e.) of gold, silver, and so forth, and of most excellent clothes.
322. For (stealing) more than fifty (palas) it is enacted that the hands (of the offender) shall be cut off; but in other cases, let him inflict a fine of eleven times the value.
323. For stealing men of noble family and especially women and the most precious gems, (the offender) deserves corporal (or capital) punishment.
324. For stealing large animals, weapons, or medicines, let the king fix a punishment, after con- sidering the time and the purpose (for which they were destined).
'One masha/ i.e. 'of copper' (Medh.), 'of gold' (Gov., Kull., Nar., Ragh.).
320. Vi. V, 12. 'Akumbha is equal to 20 or 22 prasthas of 32 palas each' (Medh.), or 'to 20 dro/zas of 200 palas each' (Gov., Kull., Ragh.), or ' to 200 palas' (Nar.). Vadha^, ' corporal punish- ment,' i.e. ' flogging, mutilation, or even capital punishment, accord- ing to the quality of the person robbed' (Gov., Kull., Ragh.).
321. Vi. V, 13. According to Nar. and Ragh., other things than gold and silver are to be understood by dharima, ' sold by the weight.' But Medh., Gov., and Kull. explain as above.
322. Vi. V, 81-82. Nar. thinks that this rule refers to copper and the like metals of small value. But it is also possible to remove the seeming inconsistency, by explaining the term vadha^ in the preceding verse by ' capital punishment.'
324. 'The purpose for which the object was destined,' i.e.' whether 325. For (stealing) cows belonging to Brahma/zas, W for piercing (the nostrils of) a barren cow, and for V stealing (other) cattle (belonging to Brahma^as, the \\ offender) shall forthwith lose half his feet.
326. (For stealing) thread, cotton, drugs causing fermentation, cowdung, molasses, sour milk, sweet milk, butter-milk, water, or grass, 327. Vessels made of bamboo or other cane, salt of various kinds, earthen (vessels), earth and ashes, 328. Fish, birds, oil, clarified butter, meat, honey, and other things that come from beasts, 329. Or other things of a similar kind, spirituous liquor, boiled rice, and every kind of cooked food, the fine (shall be) twice the value (of the stolen article).
330. For flowers, green corn, shrubs, creepers, trees, and other unhusked (grain) the fine (shall be) five krzsh/zalas.
weapons were stolen during a combat, or medicines from a very sick man' (Medh., Gov., Ragh.).
325. Instead of the reading of the editions, ' kkiirik&yas ka. bhe- dane,' Medh., Nar., Ragh., Nand., and K. have ' sthurikaya\r £a bhedane,' which is no doubt the correct version, the vulgata being caused by a mislecture of the old form of the letter ' tha.' Kull. and Ragh. explain the phrase in the manner given above, and Gov., who reads ' nasa[si]kayaj £a bhedane,' agrees with them. Medh., on the other hand, says that sthurika means 'an ox ' (balivarda^), and the phrase must be taken ' for pricking with a goad (and using for one's purpose) the ox (of another man).' Nar. finally asserts that sthurika means ' a load placed on an ox,' and interprets the words by ' for cutting open a sack carried by an ox and abstracting its contents.'
328. 'Other things that come from beasts,' i. e. 'skins, horns, goro^ana, &c.' (Gov., Nar., Kull., Ragh.).
329. ' Other things of a similar kind,' i. e. ' red arsenic, red lead, &c.' (Gov., Kull.), or ' other eatables' (Nand.).
330. Gaut. XII, 18. Gov. reads alpeshu, 'for a little unhusked LAWS OF MANU. VIII, 331, 331. For husked grain, vegetables, roots, and fruit the fine (shall be) one hundred (pa^as) if there is no connexion (between the owner and the thief), fifty (pa^as) if such a connexion exists.
332. An offence (of this description), which is committed in the presence (of the owner) and with violence, will be robbery; if (it is committed) in his absence, it will be theft; likewise if (the possession of) anything is denied after it has been taken.
333. On that man who may steal (any of) the above-mentioned articles, when they are prepared for (use), let the king inflict the first (or lowest) amercement; likewise on him who may steal (a sacred) fire out of the room (in which it is kept).
334. With whatever limb a thief in any way commits (an offence) against men, even of that (the king) shall deprive him in order to prevent (a repetition of the crime).
(grain),' instead of anyeshu, ' other.' ' Five knsrmalas/ i. e. * of gold' (Medh.), ' of gold or silver' (Gov., Kull., Ragh.).
331. Niranvaye, 'if there be no connexion (between the owner and the thief)/ means according to Medh. either 'if there be no connexion by friendly mutual leading,' or ' if there be no connexion such as residence in the same village,' or 'if there was no watch- man in the field.' Gov. and N&r. agree with the first explanation, Kull. and Ragh. with the second; but see above, verse 198.
332. Y&gri. II, 230. Medh. and Nar. place this verse after the next.
333. ' Prepared for use,' i.e. ' for eating' (Medh., Nar.), or ' thread worked into cloth' (Medh., Gov., Kull., Ragh.). 'Fire/ i.e. either the sacred fire (Medh., Kull., Nar., Ragh.), or also the common fire (Gov.). Medh. and Nand. read jatam, ' one hundred pawas/ instead of adyam, 'the lowest amercement/ which latter reading Medh. mentions too.
334. Pratyadcraya, 'in order to prevent (a repetition of the offence),' (Gov., Kull., Ragh., Nand.), means according to Medh. and Nar. ' in order to deter (others).'
335. Neither a father, nor a teacher, nor a friend, nor a mother, nor a wife, nor a son, nor a domestic priest must be left unpunished by a king, if they do not keep within their duty.
336. Where another common man would be fined one karshapa/za, the king shall be fined one thou- sand; that is the settled rule.
337. In (a case of) theft the guilt of a 6udra shall be eightfold, that of a VaLsya sixteenfold, that of a Kshatriya two-and- thirty fold, 338. That of a Brahma^a sixty-fourfold, or quite a hundredfold, or (even) twice four-and-sixtyfold; (each of them) knowing the nature of the offence.
339. (The taking of) roots and of fruit from trees, of wood for a (sacrificial) fire, and of grass for feed- ing cows, Manu has declared (to be) no theft.
340. A Brahma^a, seeking to obtain property from a man who took what was not given to him, either by sacrificing for him or by teaching him, is even like a thief.
341. A twice-born man, who is travelling and whose provisions are exhausted, shall not be fined, if he takes two stalks of sugar-cane or two (esculent) roots from the field of another man.
336. The king shall throw the money, due as a fine for an offence he may have committed, into the water or give it to Brah- ma^as (Medh., Gov., Kull.), in accordance with IX, 245.
337. ' The guilt' means of course that the offender has to pay a fine in proportion.
339. Ap. I, 28, 3; Gaut. XII, 28; Y&gri. II, 166. According to Medh., Gov., Kull., Nar., and Ragh., the condition is that the things taken were unenclosed.
341. Gaut. XII, 49-50; see also below, IX, 239, 241.
342. He who ties up unbound or sets free tied up (cattle of other men), he who takes a slave, a horse, or a carriage will have incurred the guilt of a thief.
343. A king who punishes thieves according to these rules, will gain fame in this world and after death unsurpassable bliss.
344. A king who desires to gain the throne of Indra and imperishable eternal fame, shall not, even for a moment, neglect (to punish) the man who commits violence.
345. He who commits violence must be con- sidered as the worst offender, (more wicked) than a defamer, than a thief, and than he who injures (another) with a staff.