In totally denying slavery Megasthenes went too far: in fact seven
kinds of slaves were enumerated : but it is laid down that no Ārya
('freeman,' here including the Çūdra) could be enslaved.
kinds of slaves were enumerated : but it is laid down that no Ārya
('freeman,' here including the Çūdra) could be enslaved.
Cambridge History of India - v1
) artisans
were engaged on contract or in penal tasks ; and there is a 'spinning house'
for the labour of widows and other helpless or unfortunate women'l.
1 Waddell, Report on the Excavations at Pataliputra (Calcutta, 1903), Spooner,
Ann. Rep. of the Arch. Sur. of India, 1912-3, pp. 55 61.
I, 40-53 ; cf. Arrian, Indica XI-XII.
3 See Chapter XVI, pp. 367-69. The equivalent terms in Greek and Sanskrit are :
(1) Qil. copor, copigai = Brahmaņa çramaņa, (2) yeoproi=karshaka, (3) Boukóros,
TOTUEUES, VouEES, Onpeutai=gopala çragaņin, vāgurika, mārgāyuka, (4) ,
TI02euictai=bhaſa, (5) oul Boval, ouvedpol=mantrin,amātya,mahāmātra, (6)soopoi,
erickotol=partivedaka, adhyaksha, sattrin, (7) texuítai, druioupyoi, kathtoi-käru,
cilpin, raidehaka.
4 Megasth. I, 53 : ουκ εξεστι δε γαμείο εξ άλλου μερους, η προαιρεσεις ή
τεκυας μετακειζεσθαι, οίου στρατίτωηυ όυτα γεωργείε, η τεκυίτης όυτα φιγοσοφείς
*5 Grāmabhrilaka (Arth. pp. 46 and 246).
6 The terms are kāru, çil pin, vaidehaka, adhyaksha, and yukta.
7 Megasth, writes (I, 7) : είναι δ' αύτούς συμβαίνει και πρός τάς τεκυας
επoίτημοηυας.
8 Chikitsaka, knçilava, gāyana and vādaka, nața, or nartaka, and ganaka ; also
vāyjirin, 'crier' (? ).
Creņimukhya (Hopkins, op. cit. , pp. 81-2 ; Fick, Die Sociale Gliederung,
pp. 166–8).
10 Arth. p. 146.
11 Arth. 40 (sūträdhyaksha).
9
## p. 431 (#469) ############################################
XIX]
TRADE
431
Permanent associations in civil life include trader and merchant
guilds (creņi) and clubs (pūga)' ; but there were also temporary combina-
tions of workmen and others engaged under corporate responsibility for
the execution of contracts. Collective obstruction was known and
ponalised.
Trade was active, various, and minutely regulated. The precious
wares comprise many species of gold, silver, spices, and cosmetics from
all parts of India ; jewels, including pearls from Southern India, Ceylon,
and beyond the sea ; skins from Central Asia and China ; muslin, cotton,
and silk from China and Further India. The best horses, came, as now,
from the Indus countries and beyond. The merchant was mulcted in dues
at the frontier, by road-taxes and tolls, and by octroi at the gates of the
cities, where the royal officials maintained a douane and watch-house ;
he was required to be armed with a passport”, and severe penalties were
attached to malpractices in connexion therewith. The officials record in
writing 'who the merchants are, whence they come, with what merchandise,
and where it has been vise'd. ' The country produce also was subject to
octroi upon entry, and, to ensure that nothing might escape, there were
prohibitions of purchase in part or in bulk at the place of origin in farms,
orchards, and gardense. The amount and price of all goods was declared,
and the sale was by auction, any enhancement accruing to the treasury.
Combinations to affect prices were punishable'; an army of spies was
engaged on the routes in order to detect false declarations. The prices
of ordinary goods were fixed and proclaimed daily by the officials'l.
Similarly all weights and measures were subject to inspection12. There were
export, as well as import duties and octrois, and certain classes of goods
were forbidden to be introduced or sent abroad respectively. The king
himself was a great trader, disposing of the output of his factories, work-
shops, and prisons, and the produce of his lands, forests, and mines, for
which he maintained store-houses (koshthāgāra) through the country13. In
particular he reserved the right of coining and other work in silver and
1 A pūge is defined as ‘an association of different castes and unspecified
profession for purposes of business or pleasure. ' On çreņi see Hopkins, op. cit.
pp. 81– 2 ; acc. to Foy, op. cit. p. 14. n. , it was a subdivision of a caste.
Arth. 66 (Sambhūyasamuthāna) ; cf. also 76-7 ; Manu, VIII, 211.
3 Ibid. p. 204.
For various kinds of merchandise, see Hopkins, op. cit. p. 91 n.
One fifth of the value acc. to Arth. 40.
çulkasthana, ghaţikashthāna (ibid. p. 110).
mudra (ibid. 52).
$ Ibid. 40.
Ibid. p. 204.
Ibid. pp. 111. 2.
11 Hopkins, op. cit. p. 130 n. Every five days or every fortnight acc. to Manu,
VIII, 401-2
12 Arth. 37 (Tulamana potava).
13 Manu, VIII, 399; Kohler, Altindisches Prozessrechi, p. 54 ; Foy, op. 6
pp. 51. 2, 61 ; Jolly, op. cit. , pp. 110-1. The king's trade. agent is rājavaidehaka.
2
4
5
6
7
9
10
## p. 432 (#470) ############################################
432
[ch.
THE MAURYA EMPIRE
>
gold, which was executed by his officials on behalf of those who brought
their raw metall.
The state of society corresponding to his activity of trade, to the
traffic on high roads (rāja patha 'routes royales') and by-roads (baạik patha
'merchant roads'), the bustle at frontiers, ferries , tolls, and city-gates, and
to the minute regulation of all these, must have been one of considerable
complexity. Nor do we lack the means, literary or illustrative, of becom-
ing in part acquainted with it. Besides the statements of the Greek
writers, we may gather abundant material from the Päli books of the
Buddhist canon? , from the Arthaçāstra and the code of Manu, from
Patañjali's commentary upon the grammar of Pāṇini, and from the
Rāmāyana and Māhābhārata ; while the Buddhist stupas of Sānchi and
Bhārhut supply ocular demonstrations of much that is recorded in the
literature. But from this material large deductions must be made : the
Sanskrit Epics, and in a less degree the books of the Pāli canon, reflect
the circumstances of an earlier period—irrespective of the actual dates of
composition and we run the risk of confusing conditions as widely
-
different as those of the Homeric, the Solonian, and the Periclean age in
Greece. If we seek to elicit the special features of the Maurya epoch, we
shall mark first of all the growth of luxury consequent upon the rise of
the great Magadha empire in the east : in the Punjab, no doubt, in spite
of the effeminacy which the Greeks observed in the court of Porus, the
old tribal system was still prevalent. There the actual cultivator would
still be a man of the three upper classes, while in the east he was generally
a Çūdra. It is to this period, no doubt, that we must ascribe the great
complexity of the caste system, and the beginning of the association of
caste with craft. It seems not doubtful that a number of castes did arise,
according to the Brāhman theory, by intermixtures of the old four
divisions, which still formed the basis : a process natural in itself, when
intermarriage between the different classes was still licit, and certain to
be specifically noted, while it is evidenced not only by the testimony of
theological works, but also by so worldly a treatise as the Art haçāstra.
But it is only in a few cases that we find a particular occupation assigned
to a particular castes.
In another respect the old system of caste had received a shock.
To the contemporaries of Buddha and Mahavira the conception of a king
who was not of the Kshatriya order would have seemed preposterous. But
the Mauryas were of low extraction, as were the Nandas whom they
succeeded. Henceforth the spectacle of the low-born man in power was
never a rarity in India ; and soon it was the foreigner. The vast empire,
1 Arth. 31-2.
2 See Chapter VIII, and Rhys Davids, Buddhist India, III. VI.
3 Arth. 60.
## p. 433 (#471) ############################################
XIX)
DOMESTIC LIFE
433
with its army of official and spies, introduced a bureaucratic rule in
place of the old quasifeudal system.
Foreign influences also begin to assert themselves. In the stone
architecture, which replaces wood in public monuments, as also in the
style of the edicts of Açoka we have clear evidence of intercourse with
Persia, which must necessarily have begun well before the fourth century.
and this advance in art affected religion also by its encouragement of
image-worship.
As regards daily life, we find the public side of it sufficiently gay.
The people were frugal in their diet, and sober, except on occasion of
festivals. The chief display of luxury was in dress? . The inus, hostelries,
eating-houses, serais, and gaming-houses are evidently numerous ; sects
and crafts have perhaps their meeting places and the latter their public
dinners. The business of entertainment provides a livelihood for various
classes of dancers, singers, and actors. Even the villages are visited by
them, and the author of the Arthaçāstra is inclined to discourage the
existence of a common hall used for their shows as too great a distraction
from the life of the home and the fields. At the same time there are
penalties for refusal to assist in organising public entertainment. The
king provides in amphitheatres constructed for the occasion dramatic,
boxing, and other contests of men and animals, and also spectacles with
displays of pictured objects of curiosity? - no doubt the private showman
with his pictures of Hades, etc. , was also active -; and not seldom
the streets were lighted up for festivals and it was not penal to stir abroad.
Then there were also the royal processions, when His Majesty went forth
to view his city or to hunt.
In domestic life the joint family system prevails : but it can be
dissolved. Boy and girl attain their majority at the age of sixteen and of
twelve respectively. ' Adoption -- legitimated by the king-is common.
There are the four regular and four irregular forms of marriage, which is
dissoluble by mutual consent or prolonged absence. 10 The wife has
1 See Chapters XIV, pp. 294, 305 ; XXVI ; Fergusson, Hist. of Indian and
Eastern Architecture, index, 8. v. Persepolitan Capitals; Vincent Smith, History of
Fine Art in India and Ceylon, pp. 58 sqq. ; Grunwedel Buddhistische Kunst in Indian,
pp. 16 sqq. and Ch. II.
2 Konow. Ind. Ant. , 1909, pp. 145. 9.
3 Megasth. XXVII, 8-9.
4 Arth. 56.
5 Hopkins, op. cit. pr. 118, 176.
6 Arth, 19 (p. 48).
7 See Hardy in Album Kern, pp. 61. 6, and AÇoka's Rock Edict, IV; also Minu,
IX, 84 and 223, and Hopkins, op. cit. pp, 124-5.
8 Megasth. ΧΧVΙΙ, 16. 7 : έτερα δ' εοίτυη επί τας θυσίας 'έξοδος" τρίτη δ'
επί θηραυ βαλκι'η τις Cf. Hopkins, op. cit. pp. 119-20.
9 Arth. p. 154.
10 Concerning marriage seo Arth. 59. Manu, IX, 76 (absence); IX, 97 (bride-gift).
## p. 434 (#472) ############################################
434
[сн.
THE MAURYA EMPIRE
a
>
her dowry and her ornaments, sometimes also her bride-gift, which are her
private property and to a certain extent at her disposal in case of widow-
hood. Ill- usage on either side is punishable. Upon failure of male
issue the husband may after a certain period take other wives (of any class);
but he is required to render justice to all ; on the other hand, a widow is at
liberty to marry again. Orphans are under the guardianship of their
relatives'. The poor and helpless old, and in particular the families
of soldiers and workmen dying during their employment, are regarded
as deserving the king's care? . Concerning the gaạikās or public women,
who were the king's servants, and whose practice and rights were subject to
minute regulation, the Greek writers have told us enough? Offences
against women of all kinds are severely visited, including the actions
of officials in charge of workshops and prisons ; and their various impru-
dences and lapses are subject to a gradation of fines and penalties'.
Refractory wives may be beaten (Manu, VIII, 229).
In totally denying slavery Megasthenes went too far: in fact seven
kinds of slaves were enumerated : but it is laid down that no Ārya
('freeman,' here including the Çūdra) could be enslaved. A man might
sell himself into slavery, and in times of distress children might be so pro-
vided for : also there were captives in war. In all cases the slaves may
purchase his freedom by any earnings acquired irrespective of his master's
service, and ransom from outside cannot be refused. The slave woman
who is taken to her master's bed thereby acquires freedom, as also do her
children.
The progress of literature during the Maurya period is unfortunately
for the most part matter for inference. Only three works, all in their way
important, can with certainty be dated in or near it:
near it: these are the
Arthaçāstra of Chānakya, the Mahābhāshya, Patañjali's commentary on
the grammatical Sītras of Pāṇini, and the Pāli Kathāvatthu. The Vedic
period, including the Brāhmanas and the early Upanishads, was prior to
Buddha, and the same may be said in principle of the Sutras, or manuals
of rites, public and domestic, the Vedāngas, treatises on grammar, phone-
tics, prosody, astronomy, etymology, ritual, whatever may be the date of
the treatises which have come down to us. Nor can the like be denied
regarding the various forms of quasi-secular literature which are named
in works of about this period, the Purāna, or myth, the Itivrilta, or
legend, Ākhyāyikā, or tale, Vabovikya, or dialogue? . Some form of
Vākovīkya
the Mahābhārta and Rāmāyana, the former of which we infer from
1 Manu, VIII, 27.
2 Arth. 19 (p. 47), 91 (p. 246); Mbh. XII, 86, 24.
3 Cf. Arth. 44.
4 Arth. pp. 114, 146, chap. 87. The offence of killing a woman is equal to that
of killing a Brahman: zee Hopkins, The Four Castes, p. 98; Jolly, op. cit. pp. 116-7.
5 See Chapter XVI, p. 373, and Arth. 65.
6 Manu, VII, 415.
7 Lists are given in the Mahābbārata (see Hopkins, J. A. 0. S. , XIII, p. 112).
## p. 435 (#473) ############################################
RITING :
WRITING : LANGUAGE
:
XIX]
435
>
Megasthenes to have been current during this period, belongs also to
an earlier epoch. One philosophical system, the Sārkhya, seems to be
prior to Buddhism : a second, the Vaiçeshika, may have arisen in our
period'. Finally, the canon of the Pāli Buddhism and also that of
the Jains, which is said to have been fixed at Pātaliputra in 313 (312) B. C. ,
and the system of the Lokāyatas Ājivikas, are also in substance pre-
Maurya?
If we may conjecturally assign to this period any definite literary
'
forms, these would be the çāstra and the artificial poetry, or kāvya. The
former, the most characteristic product of the Indian mind, is the formal
exposition of a particular science in dogmatic enunciations accompanied by
a discussion (bhāshya). Such are the grammatical work of Patañjali,
the Arthaçāstra of Chāņakya, the Kāmaçāstra of Vātsyāyana : the
Dharma Çāstra. or Law, followed an older model, that of the metrical
treatise, and the Nyāya Çāstra, or Logic, is a later creation. We can-
pot doubt also that many of the minor sciences (vidyās) and arts
(kalās), which were from earlier times a subject of instruction, had
already attained some systematic literary forms. As regards the artificial
epic, it is true that we have no positive evidence of its existence in Maurya
times. But the Buddhacharita of Açvaghosba, which dates from the first
century A. D. , presents a perfect and stereotyped form, indicating a long
preparation.
That writing was in common use not only for literary purposes,
but also in public business, the edicts of Açoka exist to prove. But this
is by no means all. Epistolary correspondence was perfectly usual", and
written documents were employed in the courts of law) : moreover, the
administration was versed in book-keeping and registration on a large
scale and systematically arranged. And we have already the beginnings
of a study of style and a vocabulary of exegesis”.
Sanskrit remained the language of the Brāhman schools, of public
and private ritual, and also of secular literature, except perhaps in the
case of folk poesy. In the life of every day and also in administration,
furthermore in the sectarian books of the Buddhists and Jains, a vernacular
1 It is known to Açvaghosha (Sūtrālamkāra) in the first century A. D.
2 See Jacobi, Kalpasūtra Introduction,
3 A number of these are mentioned in the Brahmajāla Sutta of the Digha Nikāva.
4 Arth. 28 , also pp. 29 and 38. Strabo (XV, 67 and 73) mentions writing on
cloth.
5 Megasthenes denies written laws. Written documents are well avouched ; see
Manu, VIII, 168.
6 See below, pp. 339-40. In Arth. p. 62, we hear of a Record Room (niban lhapu8i.
takasthāna) in the Treasury.
7 Arth. 28 and 180.
8 On this subject see the discussion in J. R. A. S. (1913), and reff. ; also Prof.
Jacobi's paper Was ist Sanskrit ? in Scientia, XIV.
a
## p. 436 (#474) ############################################
436
[CH.
THE MAURYA EMPIRE
was employed ; and from the Edicts of Açoka three such vernaculars are
known, one of which, that of Magadha, probably profited by its central
position at the headquarters of the empire to encroach upon the others! .
The Sanskrit was perhaps favoured in cultured circles, and especially in
the cities ; and social ambition, hampered by insufficient training, began to
foster a hybrid form of speech, now known as 'mixed Sanskrit,' which
subsequently established itself as a literary medium in certain Buddhist
schools, when the canonical vernaculars, themselves by no means dialecti-
cally pure, had already become stereotypeda.
We shall not trespass further on the province of the historian of
language and literature. Nor need we dwell at length upon the likewise
special topics of religion and law. Nevertheless there is an aspect of these
which appertains to general history.
There can be little doubt that the Maurya empire began with a
Brāhman, as well as a national, reaction? . The age of Buddha was one
in which religious speculation was rife. Originally a product of the
Brāhman hermitages, it had offered irresistible attractions to a people
wearied of ritual formality. Innumerable sects arose ; it became a common
understanding that from any class a man could go forth, a bandoning his
home, and found or join a sect of wandering disputants or ascetics. The
Greck writers combine with the Buddhist and Jain books and the edicts of
Açoka in testifying to the ubiquity of the pravrajitas çramaņas (Gk.
Gapuăvii, capuivaiol)5. We cannot doubt that this would in the end
constitute a danger to the established order and an offence to the Brāhman
caste. The Brāhman, in the Vedic age a priest, had long ceased to be
primarily so. It is true that in public and private ritual the priestly
.
function was his, and he was entitled to the emoluments thereof : also the
Purohita, or king's spiritual adviser was one of the highest and most
indispensable officers of state. It was; moreover, customary to consult the
forest-dwelling Brāhmans upon high political matters, and in the law.
courts the sacred law was stated by Brāhman assessors? . Nevertheless, as
has been well said, the Brāhman was not a person who fulfilled a sacred
function - in particular, the service of a temple bas always been regarded
as demeaning him—but a person who was sacred. He was exempt from
taxation and confiscation, from corporal chastisement and the death
1 Senart, Inscriptions de Piyadasi, II, pp. 434-5.
2 The priority of the Pāli style is clearly shown by Prof. Oldenberg, G. G. N. , 1912,
pp. 156 sqq.
3 Lassen, op. cit. II, p. 213.
4 See Mbh. XII, 63, 23 ; Megasth, XXXII, 12 ; and Rhys Davids, Buddhist India,
pp. 141 sqq.
5 Rock Edict, XIII ; Megasth. XLI, 19. The vlóßloi are the Sanskrit vānaprasthas.
6 Megasth. XLIII, 19. Moh. XII, 86, 26.
7 Manu, VIII, 10 ; Hopkins, op. cit. p. 159.
9
## p. 437 (#475) ############################################
XIX]
RELIGION : LAW
437
a
penalty, branding and banishment being in his case the ultima ratio'. His
true office was study and teaching, and his proper abode was the forest
hermitage, where he maintained the sacred fires and lived for another
world. An order such as this, established in customary respect and daily
observance, was obviously threatened by the intervention of proselytising
sects of impromptu origin, making claims upon the livelihood of the people,
and interposing in formal and informal gatherings with fundamental pro-
blems. We can therefore well understand why the Arthaçāstra (Chap. 19)
forbids the practice of abandoning domestic life without formal sanction
and without provision for wife and family ; and we look forward with
confidence to the great doctrine of the Bhagavadgitā, that grand pillar of
Brāhmanism, that salvation is attainable not by the rejection of civil duty,
but in and above the performance of it. Accordingly we see in the Maurya
age the beginning of a stage of concentration, in which only a few great
sects could maintain themselves by the side of a settled Brāhman ortho-
doxy. And this was a natural corollary of a great empire.
Among the Brāhman deities the greatest share of popular adoration
accrued to Çiva and Vishņu (under the form of Kșishņa), whom the
Greeks report to us as Dionysus and Heracles respectively? . With the
former was associated Skanda or Viçākha, the gold of war. The Buddhist
books and sculptures, which give the preference to Brahmā and Indra,
are in this respect archaising. Çiva was specially worshipped in the hill
region33 ; of the Vishņu cult the great centre was Mathurā', the second
home of the Krishṇa legend, which first arose in Western India. The
Jains were probably still mostly to be found in Bihār and Ujjain, while the
Buddhist expansion had perhaps even in the lifetime of the founder
attained a far wider range.
Of law the bases are defined as, in ascending order of validity, sacred
precept (Dharma), agreement (vyavahāra), custom (charitra), and royal
edicts (rājaçāsana), and the subject is expounded rationally, not theologi-
cally. Civil law is treated under the heads of marriage and dowry, inherit-
ance, housing and neighbourhood (including trespass), debt, deposit,
slaves, labour and contract, sale, violence and abuse, gaming and
miscellanea. Cases were heard - in the morning-before a trial of officials
together wit
three Brāhman exponents of law? ; and there were rules
as to the eircumstances in which agreements were valid, and as to procedure
in court, with plea, counterplea, and rejoinders. We learn from various
>
1 Arth. p. 220 ; Manu, VIII, 123. 4, 380 ; Mbh. XII, 56, 32-3; Megasth. I, 40.
2 Megasth, 1, 29-37; L.
3 Ibid. 1,33 ; L.
4 lbid. L. 13.
5 Arth. 58 (p. 150). Custom includes the custom of villages, gilds, and families
(Manu, VIII, 41). For a general survey of the history of law and legal institutions see
Chapter XII.
6 Arth. 57-75. Manu (VIII, 3 sqq. ) mentions 18 heads of legal action.
7 Arth. 57; Manu, LIV, 10. In Manu VIII, 60, three witnesses are the minimum.
8 Arth. 57.
>
## p. 438 (#476) ############################################
438
[сн.
THE MAURYA EMPIRE
sources that cases were commonly disposed of locally by reference to a
body of arbitrators (panchāyat), permanent or constituted ad hoc, or by
the officials of various grades ; and there was a system of appeals as far as
the king, who was regularly present in court or represented by a minister
(prādvivāka). Offences against caste or religion were tried by committees
entitled parishads. Trials by wager or ordeal were also common. The
penalties, reasonably graduated and executed by royal authority, include
fines (these, and also debts, often commutable for forced labour? , whipping,
mutilation, and death with or without torture. In cases of assault the
principle familar in the modern proverb 'first at the Thānā' is already
known, but disputed? .
Under the title 'clearing of thorns' are included criminal law, political
offences, in particular misconduct on the part of officials, and the general
business of police. Among the cases contemplated we may cite theft,
murder, burglary or forcible entry, poisoning, coining, injury to property,
criminal negligence, contumelious violation of caste rules, boycott and
other acts of employees, combinations to affect prices, fraud in regard to
weights and measures. In all these matters the magistrates ( pradeshiri, ,
revenue and police officers) were assisted by an army of spies and agents-
provocateurs, who in times of fiscal difficulty were also empowered to
adopt the most reprehensible expedients for squeezing the well-to-do'. If .
the Greek writers are to be trusted when they report a rarity of offences
among the Indianse, this was plainly not due to a state of innocence even
as regards elaborate criminal acts.
We now come to the matter of government and administration,
which we may treat with a little more system.
Beginning with the civil administration and at its base, we find al-
ready in operation that system of village autonomy under the headman
(grāmani, an official nominee), which has prevailed in India at all periods.
Through him, no doubt, there was a joint responsibility for the assignment
and payment of the land revenue, and consequently for the proper cultiva-
tion of the fields, which failing, the occupier might be replaced by the village
servants’. In consultation with the elders, the village panchāyat, he would
also decide all questions relating to the customary rights and duties of the
village barber, washerman, potter, blacksmith, and so on. His superiors
were the gopa in charge of five or ten villages and sthānika theoretically
ruling one quarter of the realm®, each attended by executive, revenue, and
police officials. By some textsº further official gradations are recognised.
1 Manu. VIII, 177 ( debt), IX, 229 (fines).
2 Arth. 73 (p. 196).
3 Arth.
were engaged on contract or in penal tasks ; and there is a 'spinning house'
for the labour of widows and other helpless or unfortunate women'l.
1 Waddell, Report on the Excavations at Pataliputra (Calcutta, 1903), Spooner,
Ann. Rep. of the Arch. Sur. of India, 1912-3, pp. 55 61.
I, 40-53 ; cf. Arrian, Indica XI-XII.
3 See Chapter XVI, pp. 367-69. The equivalent terms in Greek and Sanskrit are :
(1) Qil. copor, copigai = Brahmaņa çramaņa, (2) yeoproi=karshaka, (3) Boukóros,
TOTUEUES, VouEES, Onpeutai=gopala çragaņin, vāgurika, mārgāyuka, (4) ,
TI02euictai=bhaſa, (5) oul Boval, ouvedpol=mantrin,amātya,mahāmātra, (6)soopoi,
erickotol=partivedaka, adhyaksha, sattrin, (7) texuítai, druioupyoi, kathtoi-käru,
cilpin, raidehaka.
4 Megasth. I, 53 : ουκ εξεστι δε γαμείο εξ άλλου μερους, η προαιρεσεις ή
τεκυας μετακειζεσθαι, οίου στρατίτωηυ όυτα γεωργείε, η τεκυίτης όυτα φιγοσοφείς
*5 Grāmabhrilaka (Arth. pp. 46 and 246).
6 The terms are kāru, çil pin, vaidehaka, adhyaksha, and yukta.
7 Megasth, writes (I, 7) : είναι δ' αύτούς συμβαίνει και πρός τάς τεκυας
επoίτημοηυας.
8 Chikitsaka, knçilava, gāyana and vādaka, nața, or nartaka, and ganaka ; also
vāyjirin, 'crier' (? ).
Creņimukhya (Hopkins, op. cit. , pp. 81-2 ; Fick, Die Sociale Gliederung,
pp. 166–8).
10 Arth. p. 146.
11 Arth. 40 (sūträdhyaksha).
9
## p. 431 (#469) ############################################
XIX]
TRADE
431
Permanent associations in civil life include trader and merchant
guilds (creņi) and clubs (pūga)' ; but there were also temporary combina-
tions of workmen and others engaged under corporate responsibility for
the execution of contracts. Collective obstruction was known and
ponalised.
Trade was active, various, and minutely regulated. The precious
wares comprise many species of gold, silver, spices, and cosmetics from
all parts of India ; jewels, including pearls from Southern India, Ceylon,
and beyond the sea ; skins from Central Asia and China ; muslin, cotton,
and silk from China and Further India. The best horses, came, as now,
from the Indus countries and beyond. The merchant was mulcted in dues
at the frontier, by road-taxes and tolls, and by octroi at the gates of the
cities, where the royal officials maintained a douane and watch-house ;
he was required to be armed with a passport”, and severe penalties were
attached to malpractices in connexion therewith. The officials record in
writing 'who the merchants are, whence they come, with what merchandise,
and where it has been vise'd. ' The country produce also was subject to
octroi upon entry, and, to ensure that nothing might escape, there were
prohibitions of purchase in part or in bulk at the place of origin in farms,
orchards, and gardense. The amount and price of all goods was declared,
and the sale was by auction, any enhancement accruing to the treasury.
Combinations to affect prices were punishable'; an army of spies was
engaged on the routes in order to detect false declarations. The prices
of ordinary goods were fixed and proclaimed daily by the officials'l.
Similarly all weights and measures were subject to inspection12. There were
export, as well as import duties and octrois, and certain classes of goods
were forbidden to be introduced or sent abroad respectively. The king
himself was a great trader, disposing of the output of his factories, work-
shops, and prisons, and the produce of his lands, forests, and mines, for
which he maintained store-houses (koshthāgāra) through the country13. In
particular he reserved the right of coining and other work in silver and
1 A pūge is defined as ‘an association of different castes and unspecified
profession for purposes of business or pleasure. ' On çreņi see Hopkins, op. cit.
pp. 81– 2 ; acc. to Foy, op. cit. p. 14. n. , it was a subdivision of a caste.
Arth. 66 (Sambhūyasamuthāna) ; cf. also 76-7 ; Manu, VIII, 211.
3 Ibid. p. 204.
For various kinds of merchandise, see Hopkins, op. cit. p. 91 n.
One fifth of the value acc. to Arth. 40.
çulkasthana, ghaţikashthāna (ibid. p. 110).
mudra (ibid. 52).
$ Ibid. 40.
Ibid. p. 204.
Ibid. pp. 111. 2.
11 Hopkins, op. cit. p. 130 n. Every five days or every fortnight acc. to Manu,
VIII, 401-2
12 Arth. 37 (Tulamana potava).
13 Manu, VIII, 399; Kohler, Altindisches Prozessrechi, p. 54 ; Foy, op. 6
pp. 51. 2, 61 ; Jolly, op. cit. , pp. 110-1. The king's trade. agent is rājavaidehaka.
2
4
5
6
7
9
10
## p. 432 (#470) ############################################
432
[ch.
THE MAURYA EMPIRE
>
gold, which was executed by his officials on behalf of those who brought
their raw metall.
The state of society corresponding to his activity of trade, to the
traffic on high roads (rāja patha 'routes royales') and by-roads (baạik patha
'merchant roads'), the bustle at frontiers, ferries , tolls, and city-gates, and
to the minute regulation of all these, must have been one of considerable
complexity. Nor do we lack the means, literary or illustrative, of becom-
ing in part acquainted with it. Besides the statements of the Greek
writers, we may gather abundant material from the Päli books of the
Buddhist canon? , from the Arthaçāstra and the code of Manu, from
Patañjali's commentary upon the grammar of Pāṇini, and from the
Rāmāyana and Māhābhārata ; while the Buddhist stupas of Sānchi and
Bhārhut supply ocular demonstrations of much that is recorded in the
literature. But from this material large deductions must be made : the
Sanskrit Epics, and in a less degree the books of the Pāli canon, reflect
the circumstances of an earlier period—irrespective of the actual dates of
composition and we run the risk of confusing conditions as widely
-
different as those of the Homeric, the Solonian, and the Periclean age in
Greece. If we seek to elicit the special features of the Maurya epoch, we
shall mark first of all the growth of luxury consequent upon the rise of
the great Magadha empire in the east : in the Punjab, no doubt, in spite
of the effeminacy which the Greeks observed in the court of Porus, the
old tribal system was still prevalent. There the actual cultivator would
still be a man of the three upper classes, while in the east he was generally
a Çūdra. It is to this period, no doubt, that we must ascribe the great
complexity of the caste system, and the beginning of the association of
caste with craft. It seems not doubtful that a number of castes did arise,
according to the Brāhman theory, by intermixtures of the old four
divisions, which still formed the basis : a process natural in itself, when
intermarriage between the different classes was still licit, and certain to
be specifically noted, while it is evidenced not only by the testimony of
theological works, but also by so worldly a treatise as the Art haçāstra.
But it is only in a few cases that we find a particular occupation assigned
to a particular castes.
In another respect the old system of caste had received a shock.
To the contemporaries of Buddha and Mahavira the conception of a king
who was not of the Kshatriya order would have seemed preposterous. But
the Mauryas were of low extraction, as were the Nandas whom they
succeeded. Henceforth the spectacle of the low-born man in power was
never a rarity in India ; and soon it was the foreigner. The vast empire,
1 Arth. 31-2.
2 See Chapter VIII, and Rhys Davids, Buddhist India, III. VI.
3 Arth. 60.
## p. 433 (#471) ############################################
XIX)
DOMESTIC LIFE
433
with its army of official and spies, introduced a bureaucratic rule in
place of the old quasifeudal system.
Foreign influences also begin to assert themselves. In the stone
architecture, which replaces wood in public monuments, as also in the
style of the edicts of Açoka we have clear evidence of intercourse with
Persia, which must necessarily have begun well before the fourth century.
and this advance in art affected religion also by its encouragement of
image-worship.
As regards daily life, we find the public side of it sufficiently gay.
The people were frugal in their diet, and sober, except on occasion of
festivals. The chief display of luxury was in dress? . The inus, hostelries,
eating-houses, serais, and gaming-houses are evidently numerous ; sects
and crafts have perhaps their meeting places and the latter their public
dinners. The business of entertainment provides a livelihood for various
classes of dancers, singers, and actors. Even the villages are visited by
them, and the author of the Arthaçāstra is inclined to discourage the
existence of a common hall used for their shows as too great a distraction
from the life of the home and the fields. At the same time there are
penalties for refusal to assist in organising public entertainment. The
king provides in amphitheatres constructed for the occasion dramatic,
boxing, and other contests of men and animals, and also spectacles with
displays of pictured objects of curiosity? - no doubt the private showman
with his pictures of Hades, etc. , was also active -; and not seldom
the streets were lighted up for festivals and it was not penal to stir abroad.
Then there were also the royal processions, when His Majesty went forth
to view his city or to hunt.
In domestic life the joint family system prevails : but it can be
dissolved. Boy and girl attain their majority at the age of sixteen and of
twelve respectively. ' Adoption -- legitimated by the king-is common.
There are the four regular and four irregular forms of marriage, which is
dissoluble by mutual consent or prolonged absence. 10 The wife has
1 See Chapters XIV, pp. 294, 305 ; XXVI ; Fergusson, Hist. of Indian and
Eastern Architecture, index, 8. v. Persepolitan Capitals; Vincent Smith, History of
Fine Art in India and Ceylon, pp. 58 sqq. ; Grunwedel Buddhistische Kunst in Indian,
pp. 16 sqq. and Ch. II.
2 Konow. Ind. Ant. , 1909, pp. 145. 9.
3 Megasth. XXVII, 8-9.
4 Arth. 56.
5 Hopkins, op. cit. pr. 118, 176.
6 Arth, 19 (p. 48).
7 See Hardy in Album Kern, pp. 61. 6, and AÇoka's Rock Edict, IV; also Minu,
IX, 84 and 223, and Hopkins, op. cit. pp, 124-5.
8 Megasth. ΧΧVΙΙ, 16. 7 : έτερα δ' εοίτυη επί τας θυσίας 'έξοδος" τρίτη δ'
επί θηραυ βαλκι'η τις Cf. Hopkins, op. cit. pp. 119-20.
9 Arth. p. 154.
10 Concerning marriage seo Arth. 59. Manu, IX, 76 (absence); IX, 97 (bride-gift).
## p. 434 (#472) ############################################
434
[сн.
THE MAURYA EMPIRE
a
>
her dowry and her ornaments, sometimes also her bride-gift, which are her
private property and to a certain extent at her disposal in case of widow-
hood. Ill- usage on either side is punishable. Upon failure of male
issue the husband may after a certain period take other wives (of any class);
but he is required to render justice to all ; on the other hand, a widow is at
liberty to marry again. Orphans are under the guardianship of their
relatives'. The poor and helpless old, and in particular the families
of soldiers and workmen dying during their employment, are regarded
as deserving the king's care? . Concerning the gaạikās or public women,
who were the king's servants, and whose practice and rights were subject to
minute regulation, the Greek writers have told us enough? Offences
against women of all kinds are severely visited, including the actions
of officials in charge of workshops and prisons ; and their various impru-
dences and lapses are subject to a gradation of fines and penalties'.
Refractory wives may be beaten (Manu, VIII, 229).
In totally denying slavery Megasthenes went too far: in fact seven
kinds of slaves were enumerated : but it is laid down that no Ārya
('freeman,' here including the Çūdra) could be enslaved. A man might
sell himself into slavery, and in times of distress children might be so pro-
vided for : also there were captives in war. In all cases the slaves may
purchase his freedom by any earnings acquired irrespective of his master's
service, and ransom from outside cannot be refused. The slave woman
who is taken to her master's bed thereby acquires freedom, as also do her
children.
The progress of literature during the Maurya period is unfortunately
for the most part matter for inference. Only three works, all in their way
important, can with certainty be dated in or near it:
near it: these are the
Arthaçāstra of Chānakya, the Mahābhāshya, Patañjali's commentary on
the grammatical Sītras of Pāṇini, and the Pāli Kathāvatthu. The Vedic
period, including the Brāhmanas and the early Upanishads, was prior to
Buddha, and the same may be said in principle of the Sutras, or manuals
of rites, public and domestic, the Vedāngas, treatises on grammar, phone-
tics, prosody, astronomy, etymology, ritual, whatever may be the date of
the treatises which have come down to us. Nor can the like be denied
regarding the various forms of quasi-secular literature which are named
in works of about this period, the Purāna, or myth, the Itivrilta, or
legend, Ākhyāyikā, or tale, Vabovikya, or dialogue? . Some form of
Vākovīkya
the Mahābhārta and Rāmāyana, the former of which we infer from
1 Manu, VIII, 27.
2 Arth. 19 (p. 47), 91 (p. 246); Mbh. XII, 86, 24.
3 Cf. Arth. 44.
4 Arth. pp. 114, 146, chap. 87. The offence of killing a woman is equal to that
of killing a Brahman: zee Hopkins, The Four Castes, p. 98; Jolly, op. cit. pp. 116-7.
5 See Chapter XVI, p. 373, and Arth. 65.
6 Manu, VII, 415.
7 Lists are given in the Mahābbārata (see Hopkins, J. A. 0. S. , XIII, p. 112).
## p. 435 (#473) ############################################
RITING :
WRITING : LANGUAGE
:
XIX]
435
>
Megasthenes to have been current during this period, belongs also to
an earlier epoch. One philosophical system, the Sārkhya, seems to be
prior to Buddhism : a second, the Vaiçeshika, may have arisen in our
period'. Finally, the canon of the Pāli Buddhism and also that of
the Jains, which is said to have been fixed at Pātaliputra in 313 (312) B. C. ,
and the system of the Lokāyatas Ājivikas, are also in substance pre-
Maurya?
If we may conjecturally assign to this period any definite literary
'
forms, these would be the çāstra and the artificial poetry, or kāvya. The
former, the most characteristic product of the Indian mind, is the formal
exposition of a particular science in dogmatic enunciations accompanied by
a discussion (bhāshya). Such are the grammatical work of Patañjali,
the Arthaçāstra of Chāņakya, the Kāmaçāstra of Vātsyāyana : the
Dharma Çāstra. or Law, followed an older model, that of the metrical
treatise, and the Nyāya Çāstra, or Logic, is a later creation. We can-
pot doubt also that many of the minor sciences (vidyās) and arts
(kalās), which were from earlier times a subject of instruction, had
already attained some systematic literary forms. As regards the artificial
epic, it is true that we have no positive evidence of its existence in Maurya
times. But the Buddhacharita of Açvaghosba, which dates from the first
century A. D. , presents a perfect and stereotyped form, indicating a long
preparation.
That writing was in common use not only for literary purposes,
but also in public business, the edicts of Açoka exist to prove. But this
is by no means all. Epistolary correspondence was perfectly usual", and
written documents were employed in the courts of law) : moreover, the
administration was versed in book-keeping and registration on a large
scale and systematically arranged. And we have already the beginnings
of a study of style and a vocabulary of exegesis”.
Sanskrit remained the language of the Brāhman schools, of public
and private ritual, and also of secular literature, except perhaps in the
case of folk poesy. In the life of every day and also in administration,
furthermore in the sectarian books of the Buddhists and Jains, a vernacular
1 It is known to Açvaghosha (Sūtrālamkāra) in the first century A. D.
2 See Jacobi, Kalpasūtra Introduction,
3 A number of these are mentioned in the Brahmajāla Sutta of the Digha Nikāva.
4 Arth. 28 , also pp. 29 and 38. Strabo (XV, 67 and 73) mentions writing on
cloth.
5 Megasthenes denies written laws. Written documents are well avouched ; see
Manu, VIII, 168.
6 See below, pp. 339-40. In Arth. p. 62, we hear of a Record Room (niban lhapu8i.
takasthāna) in the Treasury.
7 Arth. 28 and 180.
8 On this subject see the discussion in J. R. A. S. (1913), and reff. ; also Prof.
Jacobi's paper Was ist Sanskrit ? in Scientia, XIV.
a
## p. 436 (#474) ############################################
436
[CH.
THE MAURYA EMPIRE
was employed ; and from the Edicts of Açoka three such vernaculars are
known, one of which, that of Magadha, probably profited by its central
position at the headquarters of the empire to encroach upon the others! .
The Sanskrit was perhaps favoured in cultured circles, and especially in
the cities ; and social ambition, hampered by insufficient training, began to
foster a hybrid form of speech, now known as 'mixed Sanskrit,' which
subsequently established itself as a literary medium in certain Buddhist
schools, when the canonical vernaculars, themselves by no means dialecti-
cally pure, had already become stereotypeda.
We shall not trespass further on the province of the historian of
language and literature. Nor need we dwell at length upon the likewise
special topics of religion and law. Nevertheless there is an aspect of these
which appertains to general history.
There can be little doubt that the Maurya empire began with a
Brāhman, as well as a national, reaction? . The age of Buddha was one
in which religious speculation was rife. Originally a product of the
Brāhman hermitages, it had offered irresistible attractions to a people
wearied of ritual formality. Innumerable sects arose ; it became a common
understanding that from any class a man could go forth, a bandoning his
home, and found or join a sect of wandering disputants or ascetics. The
Greck writers combine with the Buddhist and Jain books and the edicts of
Açoka in testifying to the ubiquity of the pravrajitas çramaņas (Gk.
Gapuăvii, capuivaiol)5. We cannot doubt that this would in the end
constitute a danger to the established order and an offence to the Brāhman
caste. The Brāhman, in the Vedic age a priest, had long ceased to be
primarily so. It is true that in public and private ritual the priestly
.
function was his, and he was entitled to the emoluments thereof : also the
Purohita, or king's spiritual adviser was one of the highest and most
indispensable officers of state. It was; moreover, customary to consult the
forest-dwelling Brāhmans upon high political matters, and in the law.
courts the sacred law was stated by Brāhman assessors? . Nevertheless, as
has been well said, the Brāhman was not a person who fulfilled a sacred
function - in particular, the service of a temple bas always been regarded
as demeaning him—but a person who was sacred. He was exempt from
taxation and confiscation, from corporal chastisement and the death
1 Senart, Inscriptions de Piyadasi, II, pp. 434-5.
2 The priority of the Pāli style is clearly shown by Prof. Oldenberg, G. G. N. , 1912,
pp. 156 sqq.
3 Lassen, op. cit. II, p. 213.
4 See Mbh. XII, 63, 23 ; Megasth, XXXII, 12 ; and Rhys Davids, Buddhist India,
pp. 141 sqq.
5 Rock Edict, XIII ; Megasth. XLI, 19. The vlóßloi are the Sanskrit vānaprasthas.
6 Megasth. XLIII, 19. Moh. XII, 86, 26.
7 Manu, VIII, 10 ; Hopkins, op. cit. p. 159.
9
## p. 437 (#475) ############################################
XIX]
RELIGION : LAW
437
a
penalty, branding and banishment being in his case the ultima ratio'. His
true office was study and teaching, and his proper abode was the forest
hermitage, where he maintained the sacred fires and lived for another
world. An order such as this, established in customary respect and daily
observance, was obviously threatened by the intervention of proselytising
sects of impromptu origin, making claims upon the livelihood of the people,
and interposing in formal and informal gatherings with fundamental pro-
blems. We can therefore well understand why the Arthaçāstra (Chap. 19)
forbids the practice of abandoning domestic life without formal sanction
and without provision for wife and family ; and we look forward with
confidence to the great doctrine of the Bhagavadgitā, that grand pillar of
Brāhmanism, that salvation is attainable not by the rejection of civil duty,
but in and above the performance of it. Accordingly we see in the Maurya
age the beginning of a stage of concentration, in which only a few great
sects could maintain themselves by the side of a settled Brāhman ortho-
doxy. And this was a natural corollary of a great empire.
Among the Brāhman deities the greatest share of popular adoration
accrued to Çiva and Vishņu (under the form of Kșishņa), whom the
Greeks report to us as Dionysus and Heracles respectively? . With the
former was associated Skanda or Viçākha, the gold of war. The Buddhist
books and sculptures, which give the preference to Brahmā and Indra,
are in this respect archaising. Çiva was specially worshipped in the hill
region33 ; of the Vishņu cult the great centre was Mathurā', the second
home of the Krishṇa legend, which first arose in Western India. The
Jains were probably still mostly to be found in Bihār and Ujjain, while the
Buddhist expansion had perhaps even in the lifetime of the founder
attained a far wider range.
Of law the bases are defined as, in ascending order of validity, sacred
precept (Dharma), agreement (vyavahāra), custom (charitra), and royal
edicts (rājaçāsana), and the subject is expounded rationally, not theologi-
cally. Civil law is treated under the heads of marriage and dowry, inherit-
ance, housing and neighbourhood (including trespass), debt, deposit,
slaves, labour and contract, sale, violence and abuse, gaming and
miscellanea. Cases were heard - in the morning-before a trial of officials
together wit
three Brāhman exponents of law? ; and there were rules
as to the eircumstances in which agreements were valid, and as to procedure
in court, with plea, counterplea, and rejoinders. We learn from various
>
1 Arth. p. 220 ; Manu, VIII, 123. 4, 380 ; Mbh. XII, 56, 32-3; Megasth. I, 40.
2 Megasth, 1, 29-37; L.
3 Ibid. 1,33 ; L.
4 lbid. L. 13.
5 Arth. 58 (p. 150). Custom includes the custom of villages, gilds, and families
(Manu, VIII, 41). For a general survey of the history of law and legal institutions see
Chapter XII.
6 Arth. 57-75. Manu (VIII, 3 sqq. ) mentions 18 heads of legal action.
7 Arth. 57; Manu, LIV, 10. In Manu VIII, 60, three witnesses are the minimum.
8 Arth. 57.
>
## p. 438 (#476) ############################################
438
[сн.
THE MAURYA EMPIRE
sources that cases were commonly disposed of locally by reference to a
body of arbitrators (panchāyat), permanent or constituted ad hoc, or by
the officials of various grades ; and there was a system of appeals as far as
the king, who was regularly present in court or represented by a minister
(prādvivāka). Offences against caste or religion were tried by committees
entitled parishads. Trials by wager or ordeal were also common. The
penalties, reasonably graduated and executed by royal authority, include
fines (these, and also debts, often commutable for forced labour? , whipping,
mutilation, and death with or without torture. In cases of assault the
principle familar in the modern proverb 'first at the Thānā' is already
known, but disputed? .
Under the title 'clearing of thorns' are included criminal law, political
offences, in particular misconduct on the part of officials, and the general
business of police. Among the cases contemplated we may cite theft,
murder, burglary or forcible entry, poisoning, coining, injury to property,
criminal negligence, contumelious violation of caste rules, boycott and
other acts of employees, combinations to affect prices, fraud in regard to
weights and measures. In all these matters the magistrates ( pradeshiri, ,
revenue and police officers) were assisted by an army of spies and agents-
provocateurs, who in times of fiscal difficulty were also empowered to
adopt the most reprehensible expedients for squeezing the well-to-do'. If .
the Greek writers are to be trusted when they report a rarity of offences
among the Indianse, this was plainly not due to a state of innocence even
as regards elaborate criminal acts.
We now come to the matter of government and administration,
which we may treat with a little more system.
Beginning with the civil administration and at its base, we find al-
ready in operation that system of village autonomy under the headman
(grāmani, an official nominee), which has prevailed in India at all periods.
Through him, no doubt, there was a joint responsibility for the assignment
and payment of the land revenue, and consequently for the proper cultiva-
tion of the fields, which failing, the occupier might be replaced by the village
servants’. In consultation with the elders, the village panchāyat, he would
also decide all questions relating to the customary rights and duties of the
village barber, washerman, potter, blacksmith, and so on. His superiors
were the gopa in charge of five or ten villages and sthānika theoretically
ruling one quarter of the realm®, each attended by executive, revenue, and
police officials. By some textsº further official gradations are recognised.
1 Manu. VIII, 177 ( debt), IX, 229 (fines).
2 Arth. 73 (p. 196).
3 Arth.
