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Having duly settled his kingdom, and having built forts according to the institutes, he shall apply his best efforts to the ‘removal of thorns.’ — (252)

Medhātithi’s commentary (manubhāṣya):

‘Settlement of the country’ and ‘building of forts’ as described under Discourse VII.; — having done these, the king shall remove the ‘thorns’; as this also is conducive to the ‘settlement’ of the Kingdom.

The term ‘thorn’ is applied to robbers and others who are a source of suffering to the people. — (252)

Explanatory notes by Ganganath Jha:

Cf 7.69-70.

Comparative notes by various authors:

[See under 7.69-70.]

VERSE 9.253

Section XXXV - Consolidation and Settlement of the Kingdom

रक्षनादार्यवृत्तानां कण्टकानां च शोधनात् ।
नरेन्द्रास्त्रिदिवं यान्ति प्रजापालनतत्पराः ॥२५३॥

rakṣanādāryavṛttānāṃ kaṇṭakānāṃ ca śodhanāt |
narendrāstridivaṃ yānti prajāpālanatatparāḥ ||253||

Kings, intent upon protecting the people, go to heaven, by protecting the Well-behaved and by removing the ‘thorns’ — (253)

Medhātithi’s commentary (manubhāṣya):

What has been indicated in the foregoing verse is now explained.

‘The well-behaved’ — those whose behaviour is right, — i.e., consists in doing what is sanctioned by the Scriptures and avoiding what is forbidden by them. The compound belongs to the ‘madhyamapadalopi’ — ellyptical — class. Thus are included all Vedic Scholars and the poor and destitute, who pay no taxes. So that by extending his protection over these men, it is only right that the king should go to heaven. In the case of other people, since the right of protection is purchased by the payment of taxes, the king incurs sin by neglecting it; as is going to be declared in the next verse ‘he falls off from heaven’. By repaying with protection what he receives in the form of taxes, the king is only saved from sin, and he does not obtain heaven.

Or the declaration regarding heaven may be based upon the due fulfilment of his duties, as already mentioned above.

Others have held the following opinion: — The declaration regarding the king going to heaven is purely declamatory. In fact the protecting of those who pay no taxes is also included in the king’s ‘functions’, since those people also form part of his ‘kingdom’, the protecting whereof forms the chief function of the king.

[So that for doing this also there can be no reward in the shape of Heaven]. Just as artisans, who ply their trade for a living, work for the king for one day during the month; — when they are made by the king to do his work,in lieu of his taxes; in the same manner the king also, who carries on his work for a living and engages himself in protecting the people, is made by the Scriptures to protect the well-behaved people, as an obligatory duty. Again the man who has laid the fires, prompted by the declaration of rewards, engages himself in obligatory rites, but not with a view to obtaining Heaven or any such rewards, — for the simple reason that such rites have not been prescribed as bringing about rewards; and yet they are duly performed. Exactly similar would be the case with the King’s action in protecting his whole Kingdom.

Thus all the declarations of rewards that there are, are to be regarded as purely declamatory; — as has been declared by Viṣṇusvāmin (?) — (253)

Explanatory notes by Ganganath Jha:

Cf. 8.307, 386-387.

Comparative notes by various authors:

(verses 9.253-255)

[See under 8.307, 386-387.]

Hārita (Vivādaratnākara, p. 294). — ‘If wicked robbers prosper in the kingdom, that sin, becoming magnified, destroys the very roots of the King.’

VERSE 9.254

Section XXXV - Consolidation and Settlement of the Kingdom

अशासंस्तस्करान् यस्तु बलिं गृह्णाति पार्थिवः ।
तस्य प्रक्षुभ्यते राष्ट्रं स्वर्गाच्च परिहीयते ॥२५४॥

aśāsaṃstaskarān yastu baliṃ gṛhṇāti pārthivaḥ |
tasya prakṣubhyate rāṣṭraṃ svargācca parihīyate ||254||

If a king does not repress thieves and yet receives his taxes, his kingdom becomes perturbed and he falls off from heaven. — (254)

Medhātithi’s commentary (manubhāṣya):

‘Repression’; — the punishment of thieves and others according to rules laid down in the Scriptures — by the inflicting of corporal and other forms of punishment; — without which the protection of the people is not possible.

Hence if the king receives taxes and yet fights shy of repressing thieves, he incurs the two dangers — in this world, trouble in his kingdom, and in the next, the loss of Heaven. It is only right that blame should attach to the King who receives taxes and yet does not repay it by service. — (254)

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 294), which adds that the subject of ‘parihīyate’ is ‘rājā’, the king; — and in Vivādacintāmaṇi (Calcutta, p. 80), which says that ‘parihīyate’ is to be construed with ‘saḥ’ understood.

Comparative notes by various authors:

(verses 9.253-255)

[See under 8.307, 386-387.]

See Comparative notes for Verse 9.253.

VERSE 9.255

Section XXXV - Consolidation and Settlement of the Kingdom

निर्भयं तु भवेद् यस्य राष्ट्रं बाहुबलाश्रितम् ।
तस्य तद् वर्धते नित्यं सिच्यमान इव द्रुमः ॥२५५॥

nirbhayaṃ tu bhaved yasya rāṣṭraṃ bāhubalāśritam |
tasya tad vardhate nityaṃ sicyamāna iva drumaḥ ||255||

If however his kingdom, resting on the strength of his arms, is secure from danger, — it flourishes constantly, like a well-watered tree. — (255)

Medhātithi’s commentary (manubhāṣya):

What is already known is reiterated here, with reference to thieves. — (255)

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 294).

Comparative notes by various authors:

(verses 9.253-255)

[See under 8.307, 386-387.]

See Comparative notes for Verse 9.253.

VERSE 9.256 [Who are ‘Thorns’ (kaṇṭaka)?]

Section XXXVI - Who are ‘Thorns’ (kaṇṭaka)?

द्विविधांस्तस्करान् विद्यात् परद्रव्यापहारकान् ।
प्रकाशांश्चाप्रकाशांश्च चारचक्षुर्महीपतिः ॥२५६॥

dvividhāṃstaskarān vidyāt paradravyāpahārakān |
prakāśāṃścāprakāśāṃśca cāracakṣurmahīpatiḥ ||256||

The spy-eyed king shall discover the two kinds of thieves who take away the property of other men, those that are ‘open’ and those ‘concealed’ — (256)

Medhātithi’s commentary (manubhāṣya):

Throughout the realm, hidden spies should find out all that pertains to the king’s business; and hence they are spoken of as his ‘eyes’, and the king called ‘spy-eyed’.

Though the action of the ‘open’ thief does not stand on the same footing as that of the ‘concealed’ one — such as those who prowl about at night in forests etc.’ — yet both have been mentioned together for the purpose of indicating the equality of the punishment to be meted out to them. — (256)

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 289).

Comparative notes by various authors:

(verses 9.256-260)

Bṛhaspati (22, 2-5). — ‘Thieves are of two kinds: — open and secret. These are subdivided thousand-fold, according to their skill, ability and modus operandi. Fraudulent traders, quacks, gamblers, corrupt judges, those who accept bribes, cheats, persons posing as interpreters of omens or performers of propitiatory rites, mean artists, forgers, hired servants refusing to do their work, roguish umpires, perjured witnesses, and jugglers, — these are called open thieves. Housebreakers, highwaymen, robbers of bipeds and quadrupeds, stealers of clothes and such things, and stealers of grain, — these are secret thieves.’

Nārada (Theft, 1-5). — ‘Two kinds of robbers who steal the goods of others, have to be distinguished: — the one kind open and the other kind secret. Open rogues are those who forge measures and weights or receive bribes, robbers, gamblers, public prostitutes, those who roam about in disguise, those who make a living by teaching auspicious ceremonies, — these and such like persons are considered open rogues. Rogues acting in secret are those who roam in the woods, or he concealed, as well as those who make a profession of stealing. They attack and rob people who do not beware of them. Those who infest a country, a village, or a house, or disturb a sacrificial act, cut purses, and other persons of this sort also are considered to be secret rogues.’

VERSE 9.257

Section XXXVI - Who are ‘Thorns’ (kaṇṭaka)?

प्रकाशवञ्चकास्तेषां नानापण्योपजीविनः ।
प्रच्छन्नवञ्चकास्त्वेते ये स्तेनाटविकादयः ?? ॥२५७॥

prakāśavañcakāsteṣāṃ nānāpaṇyopajīvinaḥ |
pracchannavañcakāstvete ye stenāṭavikādayaḥ ?? ||257||

Of these, the ‘open’ cheats are those who make a living by dealing in various commodities, and the ‘concealed’ cheats are burglars, robbers in forests and so forth. — (257)

Medhātithi’s commentary (manubhāṣya):

There are some traders who rob people by having recourse to false weights and measures; then there are those that evade the export and import duties; all such traders belong to the class of ‘open cheats’.

‘Concealed cheats’ — are those burglars and robbers who rob people during the night and in forests and other desolate places. There are some again who rob people by attacking them with force.

These are not the only ‘thorns’; but also those that are going to be mentioned below. — (257)

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 291), which has the following notes: — ‘Pracchannavañcakāḥ’, those who commit burglaries by breaking through walls and so forth; — ‘ātavyāḥ’, thieves who frequent the forests and commit thefts even during the day; — ‘ādi’ is meant to include the thief living in one’s neighbourhood and such others.

Comparative notes by various authors:

(verses 9.256-260)

See Comparative notes for Verse 9.256.

VERSE 9.258

Section XXXVI - Who are ‘Thorns’ (kaṇṭaka)?

उत्कोचकाश्चोपधिका वञ्चकाः कितवास्तथा ।
मङ्गलादेशवृत्ताश्च भद्राश्चैक्षणिकैः सह ॥२५८॥

utkocakāścopadhikā vañcakāḥ kitavāstathā |
maṅgalādeśavṛttāśca bhadrāścaikṣaṇikaiḥ saha ||258||

Those who take bribes, dissemblers, cheats and gamblers, fortune-tellers and palmists. — (258)

Medhātithi’s commentary (manubhāṣya):

Those who are addicted to taking bribes for doing some work for people, at the royal Court or with ministers etc.

‘Dissemblers.’ — efficient in the art of dissembling; saying one thing and doing another; openly professing love and secretly doing injury. These persons do not always accept anything; they simply win the confidence of men by means of such tricks as — having come to know that a certain business of the man is going to succeed, they go to them and say ‘I am going to do this work for you.’ They also make use of threats sometimes.

‘Gamblers’ — who carry on gambling as a means of adding to their income.

‘Cheats’ — those who mislead people; having promised to do a certain work, they do not do it; and having approached the people of the village, they adopt various methods to cheat them out of their properly. To this class belong the persons who are known as ‘Śivamādhavas’; they make Śiva or Viṣṇu the means of living.

‘Fortune-tellers’ — astrologers and foretellers; — or persons who approach rich men with such words as ‘for your sake I shall win the favour of Durgā or Sūrya or such other gods and goddesses,’ and making a living by it. Or, the term may stand for those who make a living by pronouncing the auspicious formula ‘May this be so.’

‘Palmists’ — who read the character of men from their palms. — (258)

Explanatory notes by Ganganath Jha:

‘Aupadhikāḥ’. — ‘Deceitful persons, who say one thing and do another’ (Medhātithi); — ‘those who extort money by threats’ (Kullūka and Rāghavānanda); — ‘those who cheat by using false weights and measures’ (Nārāyaṇa and Nandana).

‘Vañcakāḥ.’ — ‘Cheats, those who promise to do some thing but don’t do it’ (Medhātithi); — ‘those who pretend to change base metals into precious ones’ (Rāghavānanda and Kullūka); — ‘men who take money under false pretences’ (Nārāyaṇa).

‘Maṅgalādeśavṛttāḥ’. — ‘Astrologers and others who prescribe auspicious rites etc.’ (Medhātithi, Kullūka and Rāghavānanda); — ‘men who live by reciting auspicious hymns’ (Nārāyaṇa); — “those who pronounce the auspicious formula ‘be it so’.” (‘others’ in Medhātithi.)

‘Bhadrāprekṣaṇikāḥ’. — ‘Palmists who always praise the fortunes of others’ (Medhātithi); — Nārāyaṇa, reading ‘bhadrāścekṣaṇikāḥ’, explains ‘bhadrāḥ’ as ‘persons who tempt women’, and ‘īkṣanikāḥ’ as actors and the rest; — Kullūka and Rāghavānanda and Nandana adopt the same reading and explain ‘bhadrāḥ’ as ‘hyprocritical men who pose as pious men and cheat people’ and ‘īkṣaṇika’ as palmists.

This verse is quoted in Vivādaratnākara (p. 291), which adds the following explanations: — ‘Aikṣaṇika’ (which is its reading for ‘īkṣanika’), is that fortune-teller who makes money by making false agreeable predictions.

Comparative notes by various authors:

(verses 9.256-260)

See Comparative notes for Verse 9.256.

VERSE 9.259

Section XXXVI - Who are ‘Thorns’ (kaṇṭaka)?

असम्यक्कारिणश्चैव महामात्राश्चिकित्सकाः ।
शिल्पोपचारयुक्ताश्च निपुणाः पण्ययोषितः ॥२५९॥

asamyakkāriṇaścaiva mahāmātrāścikitsakāḥ |
śilpopacārayuktāśca nipuṇāḥ paṇyayoṣitaḥ ||259||

Misbehaving High officials and physicians, art-exhibitors, and clever harlots. — (259)

Medhātithi’s commentary (manubhāṣya):

‘High officials’ — Such as ministers, priests and other attendants of the king; — if they ‘misbehave,’ act improperly.

‘Physicians’ — Medical practitioners.

‘Art-exhibitors’ — Picture-painters, decorators, cooks and so forth; who show before people the product of their arts, and make a living by it.

‘Clever harlots’ — Those that can stimulate love. The epithet ‘misbehaving’ goes with all the terms. — (259)

Explanatory notes by Ganganath Jha:

‘Mahāmātra’. — ‘Courtiers’ (Medhātithi); — ‘Ministers’ (Nārāyaṇa); — ‘elephant-drivers’ (Kullūka).

‘Śilpopacārayuktāḥ’. — ‘Men living by such arts as painting and the like’ (Medhātithi and Kullūka); — Nārāyaṇa and Nandana, read ‘śilpopakārayuktāḥ’ and explain it as people living by śilpa, the arte of painting and the rest, and by upakāra, hairdressing and other arts of the toilet; Nandana explains it as ‘umbrella and fanmakers’.

This verse is quoted in Vivādaratnākara, (p. 291), which adds the following notes: — ‘Asamyak-kāriṇaḥ,’ who obtained their wages without honestly working for it; — ‘mahāmātrāḥ,’ chief officers of the king who act dishonestly (asamyak-kāriṇaḥ) through avarice.

Comparative notes by various authors:

(verses 9.256-260)

See Comparative notes for Verse 9.256.

VERSE 9.260

Section XXXVI - Who are ‘Thorns’ (kaṇṭaka)?

एवमादीन् विजानीयात् प्रकाशांल्लोककण्टकान् ।
निगूढचारिणश्चान्याननार्यानार्यलिङ्गिनः ॥२६०॥

evamādīn vijānīyāt prakāśāṃllokakaṇṭakān |
nigūḍhacāriṇaścānyānanāryānāryaliṅginaḥ ||260||

These and others of the same kind one should know as the open ‘thorns’ of the people; and others, who are rogues in the guise of gentlemen, as ‘dissemblers.’ — (260)

Medhātithi’s commentary (manubhāṣya):

‘Others of the same kind’ — It is not possible to enumerate each and every kind of rogue addicted to robbing other persons; hence this phrase; — e.g., there is one class of men who come and tell a man who is stricken with a certain woman that she is in love with him, though in reality she hates him; and another who, though not a servant, behaves as if he were one, and thus robs a simple-minded man of his gold; others again who flatter the foolish rich with such words as ‘you are Brahmā,’ ‘you are Bṛhaspati’ and cheat them out of their riches; telling him — ‘ kindly give me such and such a thing, I shall repay it in a few days’; and as soon as their business is accomplished, they become scarce, and hitherto smooth-tongued, become harsh. — (260)

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 291), which explains ‘anāryānāryaliṅginaḥ’ as ‘persons who, while not being real religious students, pretend to be such and make money by it’.

Comparative notes by various authors:

(verses 9.256-260)

See Comparative notes for Verse 9.256.

VERSE 9.261 [Detection of Criminals]

Section XXXVII - Detection of Criminals

तान् विदित्वा सुचरितैर्गूढैस्तत्कर्मकारिभिः ।
चारैश्चानेकसंस्थानैः प्रोत्साद्य वशमानयेत् ॥२६१॥

tān viditvā sucaritairgūḍhaistatkarmakāribhiḥ |
cāraiścānekasaṃsthānaiḥ protsādya vaśamānayet ||261||

Having discovered them through well-behaved and disguised men following the same occupations, as also through spies variously disguised, he shall exterminate them and bring them under his control. — (261)

Medhātithi’s commentary (manubhāṣya):

‘Those following the same occupations.’ — Persons who may have been addicted to ‘robbery’ etc., in the past, or who may he asked to do it even at the present time, with a view to become included in the gang and thereby learn their secrets and report them to the King; and also through spies variously disguised. — (261)

Explanatory notes by Ganganath Jha:

‘Protsādya’. — Nārāyaṇa and Govindarāja read ‘protsāhya’ and explain it as ‘causing them to be instigated’; — Rāghavānanda, who adopts the same reading, explains it as “having inspired them with energy, by saying ‘you must give up this livelihood and earn money by agriculture, trade and other lawful means’.”

‘Anekasaṃsthānaiḥ’. — ‘Wearing various disguises’ (Nārāyaṇa and Nandana); — ‘stationed in various places’ (Kullūka).

This verse is quoted in Vivādaratnākara (p. 293).

Comparative notes by various authors:

(verses 9.261-263)

Kāmandaka (6.10-13). — ‘A monarch having adequately determined the guilt of the wicked persons who have incurred public displeasure, should do away with them without the least delay, by underhand measures. The King should invite the offender to meet him in a secret chamber; when the man has entered the chamber, he should be followed by certain menials with arms hidden about their person, who had been previously instructed. Thereupon the royal door-keepers would enter and under the pretence of suspecting them, should search their persons; and finding the hidden arms openly accuse the offender with having hired these men for assassinating the King. In this manner, imputing crimes to the offenders, the King shall, for the satisfaction of his subjects, weed out the thorns from his realm.’

Arthaśāstra (p. 135). — ‘Spies disguised as ascetics, renunciates, mendicants, bards and so forth should be employed by the King to find out the wickedness or otherwise of the people and the King’s officers. If there is any one whom he suspects of dishonest ways of life, the King shall have him shadowed by a man of the same caste; when this latter has won the man’s confidence, — who for example is a judge — he should address him these words — “Such and such a relation of mine has been accused of an offence, do please save him from the danger, and here accept this money for the purpose.” If the judge falls into the trap and accepts the bribe, he should be banished by the King as one addicted to dishonesty.’

Brhaṣpati (22.6). — ‘Thieves or robbers, having been found out by the King’s servants, either by associating with them, or through marks of their criminality, or by their possessing the stolen goods, they shall be compelled to restore the plunder and shall be visited with punishments ordained by the law.’

Nārada (Vivādaratnākara, p. 293). — ‘Having found out the thieves and robbers through clever spies conversant with the methods adopted by criminals, the King shall follow them up and have them arrested by secretly instructed spies.’

Do. (Theft: 61). — ‘As governor, the King shall extirpate the evil-doers, after having traced them by the application of cunning stratagems and arrested them.’

VERSE 9.262

Section XXXVII - Detection of Criminals

तेषां दोषानभिख्याप्य स्वे स्वे कर्मणि तत्त्वतः ।
कुर्वीत शासनं राजा सम्यक् सारापराधतः ॥२६२॥

teṣāṃ doṣānabhikhyāpya sve sve karmaṇi tattvataḥ |
kurvīta śāsanaṃ rājā samyak sārāparādhataḥ ||262||

Having truly proclaimed their crimes in connection with their respective acts, the king shall duly inflict punishment on them, in accordance with their crimes and capacities. — (262)

Medhātithi’s commentary (manubhāṣya):

(verses 9.262-273)

(No Bhāṣya)

Explanatory notes by Ganganath Jha:

This verse is quoted in Vivādaratnākara (p. 293), which adds the following notes: — ‘Abhikhyāpya,’ having got it proclaimed by the people; — ‘sāra’ stands for the stolen property; hence the meaning is that the king should inflict the punishment in accordance with the nature of the property stolen; — and in Vivādacintāmaṇi (Calcutta, p. 79), which explains ‘teṣām,’ as ‘of the thieves,’ and adds the explanation that ‘the king should inflict punishment in accordance with the quality of the property stolen’.

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