The History of Antiquity, Vol. 4 (of 6)Duncker, Max
History
The History of Antiquity, Vol. 4 (of 6)
Duncker, Max
History, Ancient
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 kumbhas 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 Vaiçya has to pay twice as much as
the Çudra, 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 assumed, 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
assuming that the Arians in India were not later than their kindred in
Iran in reaching this form of constitution.
Public-domain text, read in full here on John Shaqi.
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