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He shall also repeat over suspected food those sacred texts that are believed to be destructive of poisons. — (217)

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 160).

Comparative notes by various authors:

Viṣṇudharmottara (Vīramitrodaya-Rājanīti, p. 161). — ‘He shall touch no food or bed or clothes or ornament until it has been tested.’

Viṣṇu (3.85). — ‘He shall not taste any food that has not been tried before.’

Kāmandaka (7.9). — ‘The King should always be careful regarding his conveyances, beds, seats, drinks, eatables, garments and ornaments and everything else. He should shun these, even if the slightest suspicion of their being poisoned is present.’

Do. (7.11, et. seq.). — ‘Bhṛṅgarāja, Śuka and Sārikā emit distressful notes at the sight of a venomous serpent. At the sight of poison, the eyes of the Chakora lose their natural hue; the Krauñca is visibly intoxicated; and the Kokila, becoming mad, perishes. At the sight of poison, a feeling of languor always takes possession of creatures.’

Examining, by means of one of those methods, his eatables, the King shall eat them.

In order to test the rice offered to him, the king shall at first throw some of it on fire, and then some to the birds and watch the effects. If there is poison in the rice the flame and fumes will assume a blue colour and there will be crackling sounds; and the birds eating the rice will die. Curry contaminated with poison soon becomes juiceless and vapid; when decocted, it yields blue spume, and then its flavour, etc., are destroyed; etc., etc., etc.’

Śukranīti (1.653-657). — ‘For fear of poisons the king should examine his food through monkeys and cocks. At the very sight of poisoned food, drakes begin to limp, bees to hum, peacocks to dance, cocks to crow, cranes to get intoxicated, monkeys to pass stools, rats to become excited, birds to vomit. Thus is the food to be examined.’

VERSE 7.218

Section XVI - Subsequent Routine

विषघ्नैरगदैश्चास्य सर्वद्रव्याणि योजयेत् ।
विषघ्नानि च रत्नानि नियतो धारयेत् सदा ॥२१८॥

viṣaghnairagadaiścāsya sarvadravyāṇi yojayet |
viṣaghnāni ca ratnāni niyato dhārayet sadā ||218||

He shall purify all his things by means of liquids destructive of poisons; and he shall be careful to wear always such gems as are antidotes against poison. — (218)

Medhātithi’s commentary (manubhāṣya):

‘All his things’ — all such things as clothes and the like that are to be used by the king, — ‘he shall purify by means of liquids destructive of poisons’

‘Such gems as are antidotes against poison’ — e.g. the gem on the snake’s hood, which may have been thrown ont of the month of the Garuḍa-bird.

‘Careful’ — he should never miss it.

‘Always’ — at times other than that of eating also. — (218)

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 161), which explains ‘nejayet’ (which is its reading for ‘shodhayet’) as ‘should wash’

Comparative notes by various authors:

Viṣṇu (3.87). — ‘He shall be conversant with incantations dispelling the effects of poison and of sickness.’

VERSE 7.219

Section XVI - Subsequent Routine

परीक्षिताः स्त्रियश्चैनं व्यजनोदकधूपनैः ।
वेषाभरणसंशुद्धाः स्पृशेयुः सुसमाहिताः ॥२१९॥

parīkṣitāḥ striyaścainaṃ vyajanodakadhūpanaiḥ |
veṣābharaṇasaṃśuddhāḥ spṛśeyuḥ susamāhitāḥ ||219||

Thoroughly tested women, whose toilet and ornaments have been examined, shall serve him attentively with fans, water and incense. — (219)

Medhātithi’s commentary (manubhāṣya):

‘Thoroughly tested’ — examined by means of tests, as regards their character, honesty and behaviour; — ‘women’ — maids, maid-servants ‘with fans, water and incense’ — by means of these, — ‘shall serve him’ — attend upon him; and they shall have taken, their baths and performed toilets carefully; — ‘attentively’ — not having their minds diverted elsewhere.

‘Toilet and ornaments examined’, — every possibility of tricks of toilet in regard to nails, hairs and the like being thoroughly examined; sometimes weapons may be concealed, in these, by means of which they might strike the king without the least hindrance. The ‘ornaments’ have to be examined, because these may be besmeared with poison, and with these they might touch the king’s person. — (219)

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 161); — and in Nītimayūkha (p. 51).

Comparative notes by various authors:

Kāmandaka (7.43). — ‘When the king is in the harem, the guards of the harem, whose honesty has been commended by the virtuous, and who are skilful in guard-duty, should guard him, with weapons ready for use.’

VERSE 7.220

Section XVI - Subsequent Routine

एवं प्रयत्नं कुर्वीत यानशय्याऽऽसनाशने ।
स्नाने प्रसाधने चैव सर्वालङ्कारकेषु च ॥२२०॥

evaṃ prayatnaṃ kurvīta yānaśayyā''sanāśane |
snāne prasādhane caiva sarvālaṅkārakeṣu ca ||220||

He shall exercise similar caution with regard to conveyances, beds, seats and food, as also to bath, toilet and all kinds of ornaments — (220).

Medhātithi’s commentary (manubhāṣya):

‘Similar’ — i.e. as regards the removal of poison. &c. — ‘caution, he shall exercise’.

The ‘bath’ referred to here is the full bath when the head is washed with such perfumes as the Rocana (the yellow pigment obtained from the bile of the cow) and the like.

The ‘seat’ has been mentioned here by way of illustration; the sense being that he should exercise the same caution with regard to the conveyance and other things that he does while seated on a carefully prepared seat. — (220)

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (p. 51).

Comparative notes by various authors:

Viṣṇu (3-85). — ‘Let him be on his guard, whatever he may be about.’

Kāmandaka (7-9). — (See under 217.)

Do. (7.30). — ‘The King shall ride conveyances and vehicles which have either been thoroughly examined by himself, or which have been recommended by his acquaintances He should not pass through narrow and unknown roads.’

VERSE 7.221

Section XVI - Subsequent Routine

भुक्तवान् विहरेच्चैव स्त्रीभिरन्तःपुरे सह ।
विहृत्य तु यथाकालं पुनः कार्याणि चिन्तयेत् ॥२२१॥

bhuktavān vihareccaiva strībhirantaḥpure saha |
vihṛtya tu yathākālaṃ punaḥ kāryāṇi cintayet ||221||

Having dined, he shall amuse himself in the inner apartment, in the company of the ladies; and having amused himself, he shall in due time again attend to business. — (221)

Medhātithi’s commentary (manubhāṣya):

In that same inner apartment, he shall, with a view to divert himself, sport, as long as it pleases him, with the ‘ladies’, — his newly-wed wives.

‘In due time’ — i.e. after such time as is proper for such diversion; this is to be construed with what follows.

‘Having amused himself’ — i.e. after having shaken off his fatigue; — ‘he shall’ — either alone by himself, or in the company of ministers, — ‘ugain attend to’ such business as may present itself. — (221)

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (on 1.328); — in Madanapārijāta (p. 224); — in Vīramitrodaya (Rājanīti, p. 167), — in Nītimayūkha (p. 51); — and in Nṛsiṃhaprasāda (Āhnika, p. 36a).

Comparative notes by various authors:

Yājñavalkya (1.328). — ‘After that he may amuse himself as he likes; or accompanied by ministers, he shall inspect the army and hold consultations with the army-commanders.’

Arthaśāstra. — (See under 145.)

Kāmandaka (7.49). — ‘Having bathed and smeared his person with unguents and perfumes, and being decked with garlands and ornaments, the king shall hold intercourse with his wife, who also has bathed and decked herself with bright garments and brilliant ornaments.’

VERSE 7.222

Section XVI - Subsequent Routine

अलङ्कृतश्च सम्पश्येदायुधीयं पुनर्जनम् ।
वाहनानि च सर्वाणि शस्त्राण्याभरणानि च ॥२२२॥

alaṅkṛtaśca sampaśyedāyudhīyaṃ punarjanam |
vāhanāni ca sarvāṇi śastrāṇyābharaṇāni ca ||222||

Duly robed, he shall again inspect the fighting men, as also all kinds of conveyances, weapons and accoutrements. — (222).

Medhātithi’s commentary (manubhāṣya):

Having come out of the inner apartment, he shall robe himself and ‘inspect the fighting men’ — i.e. receive their salutes; — ‘again’ — even though he may have inspected them in the morning, yet he shall inspect them again, every day. ‘Āyudhīya’ — those who live by their weapons and are, consequently, very careful regarding them.

‘All kinds of conveyances’; — ‘the inspection of these leads to their improvement, and makes the men in charge of them careful regarding their charge. Such supervision of servants is to be accompanied by proper punishments and rewards(?) — (222)

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 167); — and in Nītimayūkha (p. 51).

Comparative notes by various authors:

Yājñavalkya (1.328). — (See under 221.)

Viṣṇu (3.86). — ‘He shall be splendid in apparel and ornaments.’

Śukranīti (1.734). — ‘Every day the wise king shall inspect the elephants, horses, chariots, cattle, servants, officers, provisions and soldiers; preserving and maintaining the lit and discarding the unfit.’

VERSE 7.223

Section XVI - Subsequent Routine

सन्ध्यां चोपास्य शृणुयादन्तर्वेश्मनि शस्त्रभृत् ।
रहस्याख्यायिनां चैव प्रणिधीनां च चेष्टितम् ॥२२३॥

sandhyāṃ copāsya śṛṇuyādantarveśmani śastrabhṛt |
rahasyākhyāyināṃ caiva praṇidhīnāṃ ca ceṣṭitam ||223||

Having attended to his twilight devotions, he shall, well- armed, listen, in an inner room, to the doings of persons making eecret reports, and also of his spies. — (223)

Medhātithi’s commentary (manubhāṣya):

Though the attending to the twilight-devotions has already been enjoined for the three higher castes, yet it is re-iterated here, either with a view to show that for a time the king shall desist from the business of his people, or for the purpose of indicating the time for the next act.

‘In an inner room’ — in secret.

‘Persons making secret reports’, — i.e. reports pertaining to secret acts, done inside houses &c.; as also such ‘spies’ as may happen to arrive at the time.

‘Doings’ — acts; what they may have seen, heard or clone. For this purpose all these persons shall be seen at this time.

This shall be done in such a manner that other people may not know it, and that he may be enabled to take steps to meet the circumstances reported to him. It has been declared that — ‘whenever any business presents itself, it shall be attended to, and not postponed; as by the lapse of time it might become difficult, or even impossible.’ — (‘223)

Explanatory notes by Ganganath Jha:

‘Rahasyākhyāyinām’ — ‘Of the ministers and others making secret reports’ (Nārāyaṇa); — ‘of the citizens who may have come to make secret reports’ (Medhātithi).

This verse is quoted in Vīramitrodaya (Rājanīti, p. 167); — in Nītimayūkha (p. 53); — and in Nṛsiṃhaprasāda (Āhnika, p. 36a).

Comparative notes by various authors:

(verses 7.223-224)

Arthaśāstra. — (See under 145.)

Yājñavalkya (1.329). — ‘Having performed the Twilight Prayers he shall hear the secret reports of spies; then he shall take his food to the accompaniment of singing and dancing, and then study the Veda.’

Vṛddha-Vashistha (Vīramitrodaya-Rājanīti, p. 168). — ‘Then having performed the Twilight Prayers, he shall again enter the Hall of Audience; after that the ladies of his harem shall make the evening-offerings.’

Arthaśāstra (p. 52). — ‘He shall appoint spies disguised as Kāpālika, etc.’

Śukranīti (1.677). — ‘The king should examine the spy either directly or by some artifice.’

VERSE 7.224

Section XVI - Subsequent Routine

गत्वा कक्षान्तरं त्वन्यत् समनुज्ञाप्य तं जनम् ।
प्रविशेद् भोजनार्थं च स्त्रीवृतोऽन्तःपुरं पुनः ॥२२४॥

gatvā kakṣāntaraṃ tvanyat samanujñāpya taṃ janam |
praviśed bhojanārthaṃ ca strīvṛto'ntaḥpuraṃ punaḥ ||224||

Repairing to another apartment, and having dismissed those people, he shall again enter the inner apartment, surrounded by the women, for the purpose of taking his food. — (224).

Medhātithi’s commentary (manubhāṣya):

From the aforesaid room, he shall go to another apartment.

‘Those people’ — the secret reporters and the rest.

‘By the women’ — maid-servants, — ‘surrounded, he shall again enter the inner apartment’. — (224).

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (on 1.329); — in Vīramitrodaya (Rājanīti, p. 168); — and in Nītimayūkha (p. 53).

Comparative notes by various authors:

(verses 7.223-224)

See Comparative notes for Verse 7.223.

VERSE 7.225

Section XVI - Subsequent Routine

तत्र भुक्त्वा पुनः किं चित् तूर्यघोषैः प्रहर्षितः ।
संविशेत् तं यथाकालमुत्तिष्ठेच्च गतक्लमः ॥२२५॥

tatra bhuktvā punaḥ kiṃ cit tūryaghoṣaiḥ praharṣitaḥ |
saṃviśet taṃ yathākālamuttiṣṭhecca gataklamaḥ ||225||

Then, having eaten a little again, and having been recreated by the sound of musical instruments, he shall sleep and rise at the proper time, freed from fatigue. — (225)

Medhātithi’s commentary (manubhāṣya):

‘Kiñcit,’ ‘a little’ — is an Indeclinable.

‘Musical instrument’ — such as the Flute, the Lute, the Tabor, the Kettle-drum, the Conch and so forth; — ‘by the sound’ of these, soft and pleasing to the ear — ‘becoming recreated’ ‘he shall sleep’ — for some time; i.e. pass a proper stretch of time in sleeping. — ‘Freed from fatigue’ — i.e. having shaken off all physical discomforts — ‘he shall rise’, for attending to his affairs. — (225)

Explanatory notes by Ganganath Jha:

This verse is quoted in Vīramitrodaya (Rājanīti, p. 168); — and in Nītimayūkha (p. 53).

Comparative notes by various authors:

Yājñavalkya (1.330). — ‘He shall he down to the sound of music, and rise from the bed also in the same manner. On rising, he shall ponder over the scriptures, as also all the business that is to be done.’

Viṣṇudharmottara (Vīramitrodaya-Rājanīti, p. 168). — ‘Retiring to the harem, he shall take some light and wholesome food, and then provided with proper guards, go to sleep to the sound of the lute and the drum.’

Kāmandaka (7.57). — ‘At the end of the day, ascertaining the routine of business for the next day, and taking leave of his attendants and having all necessary works done by maidservants, the king shall indulge in sleep moderately, grasping his weapons in his hands, and guarded by trusted relatives.’

VERSE 7.226

Section XVI - Subsequent Routine

एतद्विधानमातिष्ठेदरोगः पृथिवीपतिः ।
अस्वस्थः सर्वमेतत् तु भृत्येषु विनियोजयेत् ॥२२६॥

etadvidhānamātiṣṭhedarogaḥ pṛthivīpatiḥ |
asvasthaḥ sarvametat tu bhṛtyeṣu viniyojayet ||226||

The king, who is free from diseases, shall act up to this ordinance; but when indisposed, he shall entrust all this to his servants. — (226)

Medhātithi’s commentary (manubhāṣya):

‘This’ — what has gone before; — beginning with the verse ‘at midday or at midnight &c. &c.’; — all that has been laid down here, ‘he shall act up to’, — as far as he can do so, ‘When indisposed he shall entrust it to his servants’ — employ them to do it. In this manner having arranged for his own safety, he successfully carries upon his own business, as also that of his subjects. — (226)

Thus ends Discourse Seventh.

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (on 1.330); — and in Vīramitrodaya (Rājanīti, p. 169), which explains ‘etat sarvam’ as ‘protection of the people and so forth’.

***

Discourse VIII - Law (Civil and Criminal)

VERSE 8.1 [Constitution of the Court of Justice]

Section I - Constitution of the Court of Justice

व्यवहारान् दिदृक्षुस्तु ब्राह्मणैः सह पार्थिवः ।
मन्त्रज्ञैर्मन्त्रिभिश्चैव विनीतः प्रविशेत् सभाम् ॥१॥

vyavahārān didṛkṣustu brāhmaṇaiḥ saha pārthivaḥ |
mantrajñairmantribhiścaiva vinītaḥ praviśet sabhām ||1||

Desirous of investigating cases, the king shall enter the court, with a dignified demeanour, along with Brāhmaṇas and councillors, versed in counsel. — (1)

Medhātithi’s commentary (manubhāṣya):

It has been laid down that the protection of the people is a duty of the king; and this duty has been described in the following text: (a) ‘As a means of livelihood, to carry arms and weapons for the Kṣatriya, and to trade, to rear cattle and agriculture for the Vaiśya, and the serving of the twice-born for the Śūdra’ — (10.79). The king who acts up to this attains unexcelled regions; and in this manner virtue prospers among the people.

Other castes also, who may be living the life of the Eṣattriya, are entitled to kingship: — ‘Whoever happens to be the protector of the people is regarded as the king, Lord-Protector; and their duty has been ordained to consist in the good of the common people.’ By ‘protection’ here is meant the removal of troubles.

Troubles are of two kinds — seen and unseen. It is a case of ‘seen trouble’ when the weaker man is oppressed by the stronger, who takes away by force his belongings; and it is a case of ‘unseen trouble’ when the latter person suffers pain in the other world, through the sin accruing to him on account of his having transgressed the law (by taking what did not belong to himself). People very often act towards pne another in hatred, jealousy and so forth, and hence going by the wrong path, they become subject to ‘unseen’ evils; and thence follows the disruption of the kingdom; since it is only the prosperity of the people that is called ‘kingdom’; so that when the people are in trouble, where would the ‘kingdom’ lie?

It is for this reason that when cases are investigated and decided in strict accordance with the ordinances of scriptures, people, through fear, do not deviate from the right path; and hence they become protected against both kinds of trouble. Then again, in as much as for the king there is no other lawful moans of livelihood except the fines imposed upon criminals, and the taxes and duties, any obstacles in the proper administration and collection of those leads the kingdom into trouble.

From all this it follows that for the sake of preserving the kingdom, the investigation of cases is necessary, and it is this that is now described.

The term ‘vyavahāra,’ ‘case,’ is the name given to that action of the plaintiff and the defendant which they have recourse to for the purpose of reclaiming their rights. Or, it may stand for the non-payment of debts and such other matters themselves, which often become the subjects of dispute and as such fit for investigation, which thus becomes the duty of the king.

The term ‘desirous of investigating’ is to be construed with ‘shall investigate the suits’ (of the next verse) and the said ‘points of dispute’ are referred to in detail again (in verse 4) — ‘Of these, the first is non-payment of debts, etc.’; the construction being that ‘he shall investigate all these matters.’

The ‘court’ is that place which is presided over by the officer going to be described below; — ‘entering’ means going into the place.

The question arising as to whether or not the king shall enter the Court, alone, unattended, the text adds — ‘along with Brāhmaṇas.’

Question. — “What does the adjective ‘versed in counsel’ qualify? It cannot qualify the ‘councillors’; as the said qualification is implied by the very name ‘councillor,’ for one who does not know the art of counselling can never be called a ‘councillor.’ Nor can it qualify the ‘Brāhmaṇas’; because since they are entrusted with the work of investigating cases, the knowledge of counsel (if prescribed) could be prescribed only for some transcendental purpose.”

To the above we offer the following reply: The qualification is of the ‘Brāhmaṇas’; if they were ignorant of counsel, they would arrive at random and wrong conclusions, and thereby bring trouble to the King, for instance, if a certain ordinary person were to file a suit against some one connected with the Chief Minister, — and the latter happens to lose the case, — then, if he were not fined, or if he were not forced to pay up the fine, the administration of justice would not be impartial; and the people would come to the conclusion that the King is cither partial or too weak-minded; — on the other hand, if the man were fined, this would displease the Chief Minister, and that also would lead to trouble among the people. In such cases, if the investigating officers happen to be ‘versed in counsel,’ then, whenever they are in any such suspense, they postpone the proceedings of the case, under some pretext, and advise the King in private, to the following effect — ‘You please do something yourself, whereby the man may be made to compromise between these two parties, — this party loses and that party wins the case, — but the case has not been disposed of by us; the decision now rests with your Majesty.’ Thereupon, the King, having come to know the facts of the case, orders the Chief Minister to the following effect — ‘Your man is going to lose his case, — but for the present the decision has been postponed, in order that your prestige may not suffer; it is for you to do something whereby the other party may be appeased and his grievance removed.’ Upon this the Minister, whose advice is accepted by all men, takes steps to stop the evil propensities of all men.

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