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TENTH TITLE OF LAW.

TRANSGRESSION OF A COMPACT.

* 1. 1 The aggregate of the rules settled amongst heretics, followers of the Veda (Naigamas) and others, is called Samaya (compact, or established usage). Thus arises a title of law, termed Transgression of a Compact.

* 2. 2 Among heretics, followers of the Veda (Naigamas), guilds (of merchants), corporations (Pûgas), troops (of soldiers), assemblages (of kinsmen), and other (associations) the king must maintain the usages (settled among them), both in fortified towns and in the open country.

3 Whatever be their laws, their (religious) duties, (the rules regarding) their attendance, and the (particular mode of) livelihood prescribed for them, that the king shall approve of.

* 4. 4 The king shall prevent them from undertaking such acts as would be either opposed (to the wishes of the king), or contemptible in their nature, or injurious to his interests.

* 5. 5 Mixed assemblages, unlawful wearing of arms, and mutual attacks between those persons shall not be tolerated by the king.

6 Those who cause dissension among the members of an association, shall undergo punishment of a specially severe kind; because they would prove extremely dangerous, like an (epidemic) disease, if they were allowed to go free.

* 7. 7 Whenever a criminal act, opposed to the dictates of morality, has been attempted, a king desirous of prosperity shall redress it.

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Footnotes

153:1 X, 1. 'Heretics,' Kshapanakas (Buddhist or Jain mendicants) and others who detract from the authority of the Veda. 'Naigamas,' traders or merchants. According to the Mitâksharâ, the term Naigama refers to Pâsupatas and others who uphold the authority of the Veda. The term 'and others' is used to include corporations of learned Brahmans and other (associations). Vîramitrodaya, p. 423. The term samaya, literally 'compact,' denotes local or caste usages, the violation of which forms the subject of the tenth title of law.

153:2 Of the term Naigama, the commentators give the same two different interpretations as in the preceding paragraph. I have referred it to 'followers of the Veda,' because it comes immediately after the term 'heretics.' The term pûga has three interpretations in this place. Some say it means 'companies of traders or others.' 154:3 'Their laws,' such as to speak the truth. 'Their (religious) duties,' such as the duty of going about begging alms when the night is over, early in the morning. 'The rules regarding their attendance,' the duty of attending, in a temple or other (public hall), for the affairs of the community, when the sound of a drum or other instrument is heard. Vîramitrodaya, p. 430. The Ratnâkara interprets the term karma, 'their (religious) duties,' by 'their proper occupation for a livelihood.' The drift of this rule, according to Gagannâtha, is this, that the king must not act otherwise than is consistent with the usages of castes or other corporations. See Colebrooke's Digest, III, 2, 11. Yâgñavalkya II, 192, &c.

154:4 'Contemptible in their nature,' essentially despicable, such as the eating of betel, which is customary among heretics and others. 'Injurious to his interests,' causing pecuniary loss, &c. 'He shall prevent them from undertaking such acts,' he shall act so that they do not undertake them. Vîramitrodaya, pp. 430, 431.

154:5 'Mixed assemblages,' meetings or gatherings of persons differing in caste. 'Unlawful wearing of arms,' wearing arms without sufficient motives, such as the apprehension of a danger. See Ratnâkara, as quoted in Colebrooke's Digest, III, 2, 25.

155:6 'An association,' a guild of merchants or other corporation. Vîramitrodaya, p. 430.

155:7 When an act tainted with the sin of covetousness or another crime, and opposed to the dictates of revealed and traditional law, such as e.g. the prostitution of widows or other (virtuous females) among heretics or other (sinful men), has been attempted, the king must redress it, though it may have been practised for a long time. Vîramitrodaya, p. 431.