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CORPORATE LIFE IN ANCIENT INDIA

CORPORATE LIFE

IN

ANCIENT INDIA

BY

RAMESH CHANDRA MAJUMDAR, M.A., Ph.D.

PROFKSSOR OF INDIAN HISTORY AND DEAN OF THE FACULTY OF ARTS,

DACCA UNIVERSITY ; FORMERLY LECTURER ON ANCIENT INDIAN

HISTORY, CALCUTTA UNIVERSITY ; PREMCHAND ROYCHAND

SCHOLAR, MOUAT GOLD MEDALIST, GRIFFITH

PRIZEMAN, ETC.

SECOND EDITION, REVISED AND ENLARGED

POONA

THE ORIENTAL BOOK AGENCY

1922

• ■ • •

• • • ,
• • •■'

• • • ••

/

Oi J

PRINTED BY ATULCHANDRA BHATTACHARYYA
CALCUTTA UNIVERSITY PRESS, SENATE HOUSE, CALCUTTA.

^

i'^^tXi/i

To

SIR ASUTOSH MOOKERJEE,

Sarasvati, Sastra-Vachaspati, Sambuddhagama-

Chakravarti,

the following pages are dedicated

as a token of profound gratitude and humble

appreciation of all that he has done

for the cause of
Ancient Indian History and Culture.

PREFACE.

At the beginning of the year 1919 1 submitted
a printed thesis entitled ''Corporate Life in
Ancient India " for the Degree of Doctor of
Philosophy of the Calcutta University. When
the thesis was approved, about three hundred
copies which still remained with me were
offered for sale. This is the short history of
the first edition of this work.

The favourable reception by the public and
the encouraging reviews and letters of learned
scholars have induced me to bring out a revised
edition of the book. In doing so, I had nece-
ssarily to make some additions and alterations,
but these have not modified the general scope
and plan of the work. I need only specifically
mention the additional data from South Indian
inscriptions which have been utilised in Chapters
I and II, and the re-arrangement of the last
part of the Second Chapter dealing with village
institutions of Southern India. I have, besides,
added English translation of the more important
German and Sanskrit passages in the text.

I shall fail in my duty if I omit to express
my obligations to the late lamented scholar
Dr. V. A. Smith, Mr. F. E. Pargiter, Dr. A. B.
Keith, Dr. E. W. Hopkins and Dr. L. D. Barnett,

Vm PREFACE

for their favourable views about the book, and
suggestions for its improvement, expressed in
private communications as well as through the
medium of public press.

Above all, I wish to record my deep obliga-
tions to Sir Asutosh Mookerjee, the Guardian
Angel of the Calcutta University. To him
I owe the leisure and opportunity that enabled
me to carry on researches in the field of ancient
Indian History, and I am fortunate in securing
his permission to associate the first product of
my labour with his hallowed name.

In conclusion I take this opportunity of
thanking Professors D. E. Bhandarkar, M.A.,
Kadhagovinda Basak, M.A., Bamaprasad
Chanda, B.A., and Dr. I. J. S. Taraporewalla,
B.A., Ph.D., for the occasional help they have
rendered me as noted in the text, and also Mr.
Surendranath Kumar, Superintendent, Beading
Boom of the Imperial Library, for his kind help
in supplying me with books and magazines which
I required for this work.

Calcutta,

The 28ih August, 1920.

B. C. MAJUMDAB.

CONTENTS.

Page
Introduction ... ... 1

Chapier I.

Corporate Activities in Economic

Life ... ... ... 11

Chapter II.

Corporate Activities in Political

Life (I) ... ... 97

Chapter III.
Corporate Activities in Political

Life (II) ... ... 215

Chapter IV.
Corporate Activities in Religious

Life ... ... ... 286

Chapter V.
Corporate Activities in Social

Life ... ... ... 329

hdaI

U

iQ

^^^i'i'iaO.)

r^-

ABBREVIATIONS.

A. L.

-

Altindisches Leben by H.
Zimmer, Berlin, 1879.

Ap.

=

Apastamba Dharma-Sutra.

A. V.

=

Atharva-Veda.

Brih

=

Brihaspati-Sutra.

C. A. I.

=

Coins of Ancient India by
Cunningham.

C.V.

*""

ChuUavagga (of Vinaya
Pitaka).

Ep. Ind.

=

Epigraphia Indica.

Fick

Die Sociale Gliederung Im
Nordostlichen Indien zu
Buddha's Zeit by Richard
Tick, Kiel, 1897.

Ga.

=

Gautama Dharma-Sutia.

G. Ep. R.

"~"

Government Epigraphist's
Report.

Hopkins-Caste

The mutual relations of the
four castes according to
the Manavadharma Sas-
tram by E. W. Hopkins.

LA.

=

Indian Antiquary.

Ind. Stud.

=

Indische Studien.

Ins.

=

Inscription.

Jat.

=

Jataka.

Kath.

—,

Kathaka Samhita.

X

ABBREVIATIONS

f

Kern-Manual

=

Manual of Indian Buddhism
by H. Kern.

Lud.

'

Liider'3 List of Brahmi In-
scriptions in Ep. Ind., Vol.
X., Appendix.

M.

=

Manu-Sariihita.

Maitr.

=

Maitrayaniya Samhita.

Mbh.

=

Mahabharata.

Mc. Crindle

^

Invasion of India by Alex-
ander the Great by Mc.
Crindle.

M. St.

*""

Muir's Original Sanskrit
Texts, 2nd Edition.

M. V.

=

Mabavagga (of Vinaya Pitaka).

Nar.

=

Narada-Saiiihita Edited by J.
Jolly (Bib. Ind. Series).

R. Ic.

=

Indian Coins by E. J. Rapson

Rv.

=

Rigveda.

S. B. E.

1^22

Sacred Books of the East
Series.

Senart- Castes

;^^

Les Castes Dans L'inde by
E. Senart Paris, 1896.

S. P. Br.

=

Satapatha Brahmana.

T. S.

=

Taittiriya Samhita.

V.

=

Vishnu Samhita.

V. Cat.

""~~

Catalogue of Coins in the
Indian Museum by V. A.
Smith.

V.I.

r=

Vedic Index by Macdonell
and Keith.

A.1

3BREVIATI0NS XI

Viram.

=

Viramitrodaya, Edited by
Jivananda Yidyasagar.

V. Rtn.

"^

Vivada Ratnakara (Biblo-
theca Indica Series).

Vs.

=

Vajasaneya-Saiiihita

Vt.

z^z

Yasishtha Dharma Sutra.

W. A. V.

zzz

Atharva-Yeda translated by
Whitney (H. 0. Series).

T.

=

Yajnavalkya- Saihhita.

Corporate Life in Ancient India

INTRODUCTION

The spirit of co-operation has contributed
more than anything else to the present highly
developed stage of civilisation. The gigantic ex-
periments in popular government and the huge
economic organisations spreading over the whole
world, such as we see to-day all around us, have
made the modern age what it is. The corporate
activity to Avliich they owe their origin and the
present high level of success, may therefore be
justly looked upon as the distinctive element in
the culture of the day. It is rightly believed
that no nation that lacks in this essential ele-
ment of culture can hope to keep pace Avith the
progress of the world.

In consideration of this high importance of
corj)orate life to a nation, I need scarcely offer
any apology for the subject matter I have chosen.
India at present is very backward in this parti-
cular aspect of culture, but the following pasjes
are intended to show that things were quite
different in the past. The spirit of co-operation

g: \: .-: :\^ ^ .^' ^ tJO^V&RATE LIFE

was a marked feature in almost all fields of
activity in ancient India and Avas manifest in
social and religious as Avell as in political and
economic life. The well-known 'Jati ' (caste)
and the Saiiigha (the community of the Buddhist
monks) are the most notable products of this
spirit in the first two spheres of life. The same
spirit, however, played an equally important
part in the remaining ones, and its effect may
be seen typified in Gana (political corporation)
and Sreni (guild).

Besides throwing light upon the corporate
activities in public life in ancient India, the
following study is also calculated to broaden our
views in another respect. The account of the
remarkable achievements in various spheres of
life will enable us to take a true perspective
view of the activities of the people in ancient
India. It will establish beyond doubt that \reli-
. gion did not engross the Avhole or even an undue
proportion of the public attention and that the
corporate activity manifested in this connection
was by no means an isolated factor, but merely
one aspect of that spirit which pervaded all
other spheres of actioiij

So far as I am aware, the subject as a whole
has not been hitherto treated bv anv writer.
Separate topics like ' Samgha ' and ' Gana ' have
no doubt been dealt with by scholars, but
their mutual relation^ from the point of view I

INTRODUCTION i

have indicated above, lias wholly escaped theii),
Very little has, hoAvever, been done even with
respect to these isolated subjects. A brief,
though valuable, account of the ancient 'Srenis'
has been given by Hopkins in his latest book
^Indict, Old and A'^z^;,' but a detailed historical
account of the institution has been attempted;
probably for the first time, in the following
pages. So far as I know, the other forms of
corporate activity in economic life described in
Chapter I have not been dealt with I)y any
scholar. In regard to Chapter II, I have availed
myself of incidental notices of different items
of information to which full reference has been
£^iven in the footnotes. The svstematic treat-
ment of the subject, and specially the study of the
village institutions in southern India, is, however,
entirely new and original. A general view of
the non-monarchical states, which forms the
subject matter of the third chapter, has been
furnished by Mr. Ehys Davids and Mr. K. P.
Jayaswal and I have freely acknowledged my
indebtedness to them in the footnotes. J3ut I
have attempted to furnish an historical account
of the rise and development of these institutions
from the earliest to the latest period.

The characteristics of the Buddhist church
organisation have been noticed by several
scholars, specially Oldenberg. But a detailed
account of this institution with special reference

4 CORPORATE LIFE

to its corporate character, and a geoeral view
of the religious corporations of ancient India,
such as has been attempted in Chapter IV, is
not to be found in any other work. Much has
been written about the origin of the caste system,
and various theories, too numerous to mention,
have been propounded on the subject ; but the
study of the ' caste ' as a social corporation, and
an historical account of the rise, growth and
development of the institution, from this point
of view, is attempted for the first time in Chap-
ter V of this work. I have derived considerable
help from the collections of original texts on
the subject contained in Vol. X of Weber's
Indische Shidien {Collectanea ilher die Kasten-
verhdltnisse in den Brahmana und Sutra), Senart's
illuminating article ' Les Castes Dans IJinde^
and the two German reviews on the latter work
by Jolly and Oldenberg in Z. D. M. G., A'ols. 50
and 51. My indebtedness is, hoAvever, confined
merely to the data they supplied on the subject,
for my conclusions are different, and the treat-
ment of the subject, as already indicated above,
is entirely new. I have similarly used Eick's
work " Die Soclale Gliedentng bn Norddstlichen
Indien Zxi Buddha's Zeit " as a source of infor-
mation for the Buddhist period, but I have also
gathered fresh data, and the collection of
Buddhist texts on the subject of ' caste,' included
in the last chapter, may claim to be the most

mTEODUCTiaN 5

compreheiiisive of its kind. My theory of the
origin of Brahman caste may appear to be
singular in some respects and although I do not
claim that it can he said to be a conclusive one,
it appears to me to be the best, with regard to
the evidence at present at our disposal. The
acceptance or rejection of the theory does not,
however, affect the general development of the
subject, which is the more important point at
issue. I have refrained from all discussions on
the merits or defects of the catste system, as
that would have involved me in one of the most
controversial questions of the day which I have,
as a rule, tried to avoid as far as possible. There
can be hardly any doubt that the caste organisa-
tion assured the advantages of corporate life to its
members, although it may be difficult to support
the system as it exists at present. I have not
offered any suggestions for its modification as
I have avoided, on principle, all philosophical
disquisitions throughout this work. It has been
my aim rather to simply present the facts in a
connected manner, with a view to illustrate,
as far as possible, the gradual development of
the various institutions from the earliest to the
latest period. In doing so, I have always indi-
cated the sources of my information in order
that my conclusions may be tested with reference
to the oriojinal authorities on which thev are
based.

6 COUPORATE LIFE

A few words must be said regarding the dales
of the various literary authorities which have
supplied the materials for this work. I have
avoided all discussions about it in the body of
the book, as that would have disturbed the.
harmony of the subject matter dealt therein.^
As will be noticed, I have principally relied
upon two classes of works, Erahmanical and
Buddhist. The principal Brahmanical texts,
besides the Samhitas and the Brahmanas^ are
the Dharma-sutras and the Dharma-sastras. No
specific dates can be proposed for the former
which command general acceptance, but they
may be roughly placed in the second millenium
before the Christian era. As regards the relative
chronology of the latter I have been guided
entirely by the latest pronouncements of J. Jolly
in his famous w^ork ^ llecht unci Sitte.^ His
ideas on the subject may be summed up in the
following tabular form : —

Texts arranged
w in order of antiquity

Probable date

Kef ere nee to
"Recht und Sitte,"

S 1 1. Gautama
2^2. Baudliayana
5 1 3. Apastaniba
2^4. Vasishtlia

uth or 6th century, B,
•1th or 5th century, B.

. C.
C.

Pages 5-6

Page 4

„ 3

7 . .

K f 5. Manu Smriti

" 6. Vishnu Smriti

1 7 Yajnavalkya
J 8. Narada
Q 1 9. Brihaspati
HO. Katyayana

Not later than 2nd or
3rd century A. D.

Not earlier than 3rd cen-
tury A. D.

4th century A. D.

C. 500 A. D.

6th or 7th century, A. D.

16

'7

23
» V

„ .28

INTRODUCTION 7

This chronological scheme has gained general
acceptance ^ and has been adopted in the present
work with only a little modification about the
date of Manu Smriti, the composition of which
I have placed, on the authority of Biihler,
lietween 2nd century B. 0. and 2nd century

A. D. (S. B. E., Vol. XXV, p. cxvii).

Of the other Brahman ical texts, the Brihad-
Aranyak'Opanisliad has been placed before 600

B. C.,^ and Arthasastra has been referred by
competent critics to the time of Chandragupta
Maurya^ (c. 320 B. C). The kernel of the
Ramayana was composed before 500 B. C. al-
though the more recent portions were not pro-
bably added till the second century B. C. and
later,^ while Mahablidrafa, very much in its
present form, existed at about 350 A. D.^ As
regards the date of Panini I accept the views
of Dr. Bhandarkar who places him in the 7th

^ Mr. K. P. Jayaswal has propounded an altogether different
scheme, in course of his Tagi*re LaAv Lectures. Tlius he places the
texts of Gautama, Baudhayana and Vasishtha, as we have them at
present, respectively at 350 B. C, 200 B. C, and 100 B. C, referring
their first forms to about 500 B. C. The lectures are not yet published
and I have not as yet had any opportunity of examining the grounds
of his theory in detail.

- Macdonell— History of Sanskrit Literature, p. 226.

3 See Jolly's article in Z. D. M. G., A^ol. 67, pp. 49-96 ; specially cf.
pp. 95-96.

* Macdonell (op. cit.), p. 309.

5 Ihid, p. 287. Bahler places it between 300-500 A. D. (BUhler and
Kriste, contrib. to the Hist, of the Mahb.)

8 CORPORATE LIFE

century B. C/ Of the Buddhist texts, the Jataka
stories have been laid most under contribution.
The aUusions which they contain to political and
social conditions have been referred by Pick to
the time of Buddha and by Rhys Davids, even
to an anterior period.^ On the authority of
these two scholars, I have assumed 7th and
6th century B. C. to be the period represented
by Jatakas, The canonical Buddhist Texts like
the Vinaya and the Sntta Fifakas, have been
referred by Oldenberg and Rhys Davids to about
4th centurv B. C.'^ I have not thoudit it
necessary to reproduce the arguments by which
these different opinions are sustained but have
merely adopted the conclusions, which, I believo,
command general acceptance/

' Bombay Gazeteer (1896), Vol. I, Part IT, p. 141.

- Fick, pp. vi-vii ; Buddhist India, p. 207.

=» S, B. E., Vol., XIII, p. xxiii. ibid, Vol. XI, p. x.

* Dr. A. B. Keith has kindly communicated to me that he finds no
reason for accepting the dates of Arthasastra and the Jataka s as pro-
posed by me. Dr. Hopkins also writes to the same effect with regard
to the Jatakas, but he seems to have an open mind as to the date of
Arthasastra.

I have reconsidered the whole question very carefully and have
come to the conclusion that there is room for honest difference of
opinion in this matter. One n)ight legitimately refuse to accept the
view that either the Jatakas or Arthasastra were actually composed
in the periods named, but it may, I think, be conceded that the general
picture of society and administration which we meet with in them is
true of periods not far distant from the proposed dates. The argu-
ments of Buhler, Bhys Davids and Fick about the Jatakas, and the
discussions of the German scholars with regard to Arthasastra, from
the point of view I have just indicatedj cannot be lightl^'^ set aside.

INTRODUCTION 9

I beg to remind my leaders that the various
topics ill this book have been treated from a
single point of view alone, viz., the light which
they throw on corporate life in ancient India.
Institutions like Jati and Sariigha, for example,
have many important characteristics besides
those referred to in the text, but these have been
entirely omitted as they do not throw any light
on the point at issue. Many other apparent
omissions in other instances will, I hope, be
found, on closer examination, to be due to
similar causes.

In conclusion, I beg to point out that I have
indicated in footnotes mv indebtedness to all
previous writers, and if there is any omission
in this respect it is due to oversight. As a
general rule, I have not referred to the standard
translations of the following Avorks, although
I have reproduced verbatim or nearly verbatim
quotations from them. I wish it to be distinctly
understood that English renderings of passages
from these works, unless otherwise stated, are
to be attributed to their learned translators.
These works are —

1. The Translation of the Jatakas by vari-
ous scholars published by the Cambridge Uni-
versity Press.

It is probably too early yet to pronounce the final judgment on the
whole question and I would have gladly avoided it altogether if that
were not incompatible with the plan of the work.
0

10 CORPORATE LIFE

2. The Translation of Apastamba, Gautama,
Vasishtha, Baudliayana, Mann, Nilrada and
Brihaspati Samhitas in S. B. E., Vols. II, XIV,
XXV, and XXXIII.

3. The Translation of the Yinaya Texts
and the Buddhist Suttas in S. B. E., Vols. XIIT,
XVII, XX, and XI.

4. The Translation of Kautilya's Artha-
sastra by B. Shamasastry, B.A.

The method of transliteration followed in
Indian Antiquary has been adopted in this work.

CHAPTER I
Corporate A.ctivities in Economic Life

§1

The spirit of co-operation is a social instinct
in man. Erom the most primi-

Coiporate spirit, a j. • i o i • i

human instinct tlVG periOCl of whlch WO pOSSCSS

any record, it has been manifest
in human society in some form or other. Never-
theless, it is brought into prominent activity,
and lends itself to some conscious organisation,
according to the temper of man and the circum-
stances in which he finds himself. The nature
of these circumstances dictates the form of such
organisation, but the character of its develop-
ment depends to a great degree upon the peculiar
genius of the society in which it is fostered.
Thus it is that we find in almost all ages and
countries co-operative organisation, howsoever
rudimentary, in different fields of human activity,
social, political, religious and economic. The
development of this organisation has, however,
V£|,ried in different parts of the world,

12 CORPORATE LIFE

In tincient India corporate activity seems to
have been manifest in a marked
tioll^T^^i:.""''""'- degree first in the economic
field. This appears from a pas-
sage in the Brihad-Aranyak-opanisad,' when
read along with Sankaracharya's comments there-
on. We are told that on the analogy of the
Brahmans, Kshatriyas, Yaisyas and Sudras in
human society, Brahma created similar classes
among the gods. But he was not content by
bringing into existence the first two classes
alone, because they could not acquire wealth.
Hence were crc ated the Vaisyas who w^ere called
ganasah owing to the circumstance that it was
— by co-operation and not by individual effort that
they could acquire wealth. ♦

The passage thus clearly refers to a fairly
developed form oi corporate activity in economic
life as early as the later Vedic period. It is to
be observed further that the author speaks of
the gana or corporate organisation only in the
case of the Vaisyas, and in a manner which

The comment of Sankaraehfirya elucidates the moaning of this
jmssage.

CHAPTER I 18

distinctly denies it to the upper two classes. It
is not unreasonable to infer from this circum-
stance that the corporate organisation among
the Brahmans and Kshatriyas, i.e., of religious
and political character, had not yet assumed as
great an importance as that in economic life.

It is easy to understand how in ancient India
co-operation of a certain kind

Corporate orL'anisa- l ^ 'i

tion of traders. amoug tradcrs was a necessity

forced upon them by the in-
security of the times. Often having long dis-
tances and insecure roads to traverse, while they
could individually be no match for robbers or
hostile tribes, they could, when united in a body,
oppose a successful resist ince to the latter. The
existence of such dangers is specifically referred
to in later literature. Thus a Jataka story
refers to a village of 500 robbers with an elder
at their head.^ Such organisation of robbers
was met by the counter- organisation of traders
to which, again, reference is made in a number
of Jataka stories.^ It is quite in the nature of
things that organisation of mercantile classes
was brought into existence by a similar process
even in earlier periods of Indian history, and
evidences are not altogether wanting in support
of this.

^ Satiigumba Jataka; Jat. Vol. IV, p. 430.
" Jarndapana Jatjxka ; Jat, Vol. II, p. 294,

14 CORPORATE LIFE

The term paui which occurs several times in
the Eigveda has been differently interpreted by
different scholars.^ The St. Petersburgh Diction-
ary derives it from the root pan " to barter " and
explains it as merchant, trader. Zimmer ^ and
Ludwig ^ also take the word in the sense of
merchant.

Now, in a certain hymn, the gods are asked
to attack the panis who are referred to as being
defeated with slaughter.* Ludwig thinks that
these '' references to fights with p)ains are to be
explained by their having been aboriginal traders
who went in caravans — as in Arabia and
Northern Africa — prepared to fight, if need be,
to protect their goods against attacks which the
Arj'ans would naturally deem quite justified."
If we accept this meaning we shall have neces-
sarily to presume a corporation of merchants,
strong enough to defy their opponents, and
carry on fight against them. Thus the institu-
tion referred to in the Jatakas may be traced
back to the period represented by the hymns of
E/igveda.^

1 See V. T., p. 47 1.

- " Schon Von Yaska Nir, 2, 16 wird das Wort (Vanij) mit Pani, das
ebenfalls Handler bezeichnet, in verbindung gebracht" A, L,, p. 257.

» Der Rigveda, 3, 213-215.

* V. I., p 471.

5 But as already noticed, the meaning of the term which is here
given is not unanimously accepted.

CHAPTER I

To the same class belongs the corporate
organisation of artisans, al-
.ic^J'l'rl^a.^"''"" thoui,'h probably somewhat
clitt'erent in nature and origin.
It is difficult to determine, with any amount of
detiniteness, whether these institutions, corres-
ponding to guilds of mediaeval Europe, had
developed in the early Yedic period. At present
the sole evidence on this point consists of the
use of the words sreshthi ^ and gana ^ in Vedic
literature.

It is well known that the word sreshthiu in
later literature denoted the 'headman of a
suild.' Dr. Macdonell'' remarks that the word
may already have that sense in the Yedic
literature.*

A.gain, the word gmia means any corporate
organisation, although in later literature it is
almost exclusively used with reference to politi-
cal and religious bodies. Eoth, how^ever, points

1 Aitareva Br., Ill : 30, 3. Kausitaki, XXVIII, 6, Taittiriva Br., Ill ;
1, 4, 10. See. V. I., p. 403.

- PamchavitntiHi Bralimana, VI, 9. 25 ; XVII, 1. 5. 12; Vs. XVI, 25 ;
T, S. 1. 8. 10. 2.

3 V. L, p. 403.

* Dr. R. K. Mookerjee (Local Governuient in Ancient ludij*, p. 41 ff.)
seems to contend that the word ISruhtJiya in the Vedic literatnre
always refers to the position of the head of a guild, I am unable to
accept this view and may point out in particular that the word could
scarcely have been used in this sense in the passages quoted from
Atharva-Veda and Satapatha-Brahmana on p. 42.

I

16 CORPORATE LIFE

out that it is used in the sense of a ' i^uild ' in
Vedic literature.'

In view ot the passaije from the Brihad-
Aranyak-opanishad quoted above, the views of
Eoth and Maedonell seem ver^^ probable, if not
altogether certain. It mav thus be laid down,
with some amount of confidence, that corporate
activity in economic life was a factor in Indian
society, probably from the early Vedic, and in
any case certainly from the later Vedic period.
We shall not probably be far wrong if we refer
the first stages of its development before 800
B.C.

§2

This corporate activity seems to be quite
a common feature in the economic svstem of
post-Vedic India. A close study of the
literature of this period clearly indicates that
men following similar means of livelihood
usually formed themselves into a corporation
with definite rules to guide themselves. Thus we
find it stated in Gautama - that the additional
(occupations) of a '^'^is'ya are, agriculture, trade,
tending cattle, and lending money at interest.

St. Petersburgh Dictionary, s. v. gamt.
X. 49; S. B. E., II, p. 232.

CHAPTER I

17

lis list must be taken to include at least all the
iraportant occupations of the

The nature, organ- _i , i i.i i.

isation and importance people at large, that wd'e
"^s"^^^^'- within the purview of the

writer, and so it becomes significant when he
says in the very next chapter^ thattjl cultivators,
traders, herdsmen, money-lenders and artisans
(have authority to lay down rules) for their
respective classes. Having learned the (state of)
affairs from those who in each case have autho-
rity (to speak, he shall give) the legal decision."^
This means that practically all the different
branches of occupation mentioned above had
some sort of de finite organisation. This organi-
sation must be looked upon as an important one,
inasmuch as its rules were recognised as valid in
the eyes of law and its representatives had a right
to be consulted by the king in any affair that
concernedji/

The particular term used to denote the
corporation of tradesmen or mechanics is Srenl.
This is defined as a corporation of people, belong-
ing to the same or different caste, but following
the same tnide and industry. This organisation
corresponds to that of the " Guilds" in mediaeval
Europe and may be freely rendered by that term.
Ancient literature, both Buddhist and Brahmani-
cal, as well as ancient inscriptions, contain

' XI, 21.

» XI, 20.21 ; S. B. E. II, p. 237,

-1

16 CORPORATE LIFE

frequent references to guilds, and this corro-
borates the inference we have deduced from
Gautama that nearly all the important branches
of industry formed themselves into guilds. The
number of these guilds must have differed con-
siderably not only in different periods but also
in different localities. In the Muga-pakkha
Jataka,^ the king, while going out in full
splendour of state, is said to have assembled the
four castes, the eiglitee^i guilds^ and his whole
army. This indicates that the conventional
number of different kinds of guilds in a state
was set down as eighteen.^ It is not possible to
determine what these conventional 18 guilds
were, but we get a considerably greater number
by collecting together all scattered references in
literature and inscriptions. The following list
compiled in this way show^s at once the wide-
spread nature of the organisation.

1. Workers in w^ood. (Carpenters, including
cabinet-makers, w^heel-wrights, builders of
houses, builders of ships and builders of vehi-
cles of all sorts). "^

2. Workers in metal, including gold and
silver.*

3. Workers in stone.

4. Leather workers.^

5. Ivory workers.

^ Jat. VI, p. 1. "" C/. also Jat. VI, p. 427.

? Jat. VI, p. 427. * Ihid, ' Ihid.

CHAPTER I 19

6. Workers fabricating hydraulic engines
(Odayaihtrika).^

7. Eamboo workers (Vasakara).^

8. Braziers (Kasakara).^

9. Jewellers.

10. Weavers.*

11. Potters.^

12. Oilmillers (Tilapishaka).^

13. Eiisli workers and basket makers.

14. Dvers.

15. Painters.^

16. Corn-dealers (Dhamnika).^^

17. Cultivators.^

18. Pisherfolk.

19. Butchers.

/O. Barbers and shampooers.

21. Garland makers and flower sellers. ^^

22. Mariners.^^

23. Herdsmen. ^^

24. Traders, including caravan traders.^^

25. Bobbers and freebooters.^*

26. Porest police who guarded the caravans.^^

27. Money-lenders.^^

1 Nasik Ins. Liul. 1137. - Junnar Ins., Lud. 1165. ' Ihid.

* Nasik Ins., Lad. 1133. = Nasik Ins., Lud. 1137. " Ibid.

' Jat. VI, p. 427. ' Junnar Ins., Lud. 1180. ^ Gat.t. XI. 21,

1" Jat. Ill, p. 405. 1' Jat. IV, p. 137. ^=Ga. XI. 21.

1' Ibid ; also Jat. I, p. 368 ; Jat. II, p. 295.
1 * .Tat. Ill, p. 388 ; Jat. IV, p. 430.
^^ Jat. II, p. 31^5.

^^ Ga. XI, 21. In those cases where no reference is given the list
is based upon the authority of Rhys Davids' Buddhist India, p. 90 ff.

jtO CORPORATE LIFE

The paucity of materials makes it impossible
to trace the history of the aboye i^uilds in detail.
We can only hope to describe the general course
of their deyelopment during the successiye
periods of Indian history.

§3

Regarding the earliest j^eriod represented
hy the Jcltaka stories (7th and 6th century B.C.),
the subject has already been dealt with by Dr.
Richard Eick\ He obseryes that there was
\a clear difference, so far as organisation was con-
cerned, between the traders and the merchants
on one side and the artisans on the other. As
regards the former, the here-

Guilds in the Jata- tj a •^' • j. •

ka period. ditary lamilies pursuing certam

branches of trade, no doubt
formed themseiyes into a corporation Avitli a
Jetthaka (alderman) at its head, but there is
nothing in the Jatakas to show that there
was a highly deyeloped organisation among
them. Ear different was, howcyer, the case
with the artisans. Here the heredity of the
profession was a more marked feature than in
the case of the traders and merchants ; the son
was apprenticed to the craft of his father from

^ fcjocialc Gliodci'uug- iiu Nordostlichon Indicu zu Buddlui's zcit (pp.
17M83).

CHAPTER i

21

early youfcb, and the manual skill and talent
for a particular industry was thus an inheritance
of the family from generation to generation.
The adoption by an artisan of any occupation
other than his hereditary one has never been
mentioned in the Jatakas while they contain
frequent reference to the son of an artisan
following the occupation of his father. Th^
localisation oP industry was another important
factor in this respect. Streets and particular
quarters in a town and even whole villages were
inhabited by one and the same class of artisans/
These villages were sometimes quite large ; the
Mahavaddhakigamo, for instance, consisted of
1000 families of dealers in wood and the
Kammaragamo, the same number of smitbs'
huts. Lastly there was the institution of
* Jetthaka ' (Alderman) also among the artisans.-
These three circumstances, viz., the heredity '
of profession, the localisation of the different
branches of industry, and the institution of
Jetthaka (Alderman) appear to Dr. Kichard
Eick to be conclusive evidence for the existence
of an organisation that may be fairly compared

^ Cf, daniakara-vithi iii Jat. I, p. 320, II., p. 197 ; rajaka-vlthi in Jat.
IV, p. 81 ; odanikagharavlthiijai'ii iu Jat. IIL p. 48 ; Malia-Vaddhakiginno
ill Jafc. II, I). 18, IV, pp. 159, 207 ; Kammnra ijdmu iu Jal. HI, p. 281.

^ Cf, Kammakara Jetthaka in Jafc. Ill, p. 281, V, p. 282 ; Malakara-
Jetthaka iu Jat. HI, p. 405 ; Vaddhak i-J ettjiaka in Jat. IV, p. 161.
Sonictiuios tho word pamukha is used instead ol' Jetthaka, cf. Jat. 11.
pp. 12, 52.

22 CORPORATE LIFE

with the guilds of the Middle Age in

I Europe.

Some of the Jataka stories throw further
interesting sidelight upon the organisation of
guilds. We learn from Samudda-Vanija Jataka^
that there stood near Benares a great town of
carpenters, containing a thousand families. But
among these thousand families there were two
master workmen each at the head of five hun-
dred of them. On one occasion they left the
town and settled with their families in an island.

^The story shows the mobility of the guilds
which is testified to by inscriptions of a later
period. It also proves that there was sometimes

\ more than one organisation of the same class
of craftsmen in the same locality. One might
think that the double organisation was due
merely to the large number of craftsmen, but
the Jataka stories preserve instances of a thous-
and men living under a single organisation.^

It appears that sometimes the office of the

- Alderman was hereditary, for we are told that
when a master mariner died, his son became the
head of the mariners.^ The importance of these

--guild-organisations is conspicuously proved by the
fact that the heads of guilds sometimes held
high posts in the state and were favourites of
the king, rich, and of great substance.* Eeference

1 Jafc. IV, p. 158. - Jat. Ill, p. 281.

3 Jat. IV, p. 13G. * Jat. II, p. 12. Jat. Ill, p. 281.

CHAPTER I

rs

I

IS also maae to the quarrel and rivalry
between these aldermen, and the introductory
episode of two Jatakas^ contain interesting sto-
ries about the way in Avhicli the great Buddha
sometimes reconciled them. Possibly such
quarrels were not infrequent and necessity was
felt of appointing a special tribunaP to dispose
of them. One of the Jataka stories refers to a
state officer, the Bhandagarika (Treasurer or
Superintendent of Stores) whose office carried
with it the judgeship of all the merchant guilds.^
We are expressly told that no such office had
existed before but that there was this office
ever after.

As already observed, two of the Jatakas refer
to eighteen guilds,^ and though the number
must be taken as a purely conventional one, it
clearly demonstrates the wide-spread organisa-
tion of these institutions at this period. In both
these Jataka stories the royal procession, on two
important occasions, is said to have included the

1 Jat. II, pp. 12, 52.

- Mrs. Rhys Davids remarks : — " The first appointment to a supreme
headship over all the guilds doubled with the office of treasurer is
narrated in connection -with the kingdom of Kasi at the court of
Benares. Possibly the quarrels twice alluded to as occurring between
presidents (pamnkha) of guilds at Savatthi in Kosala may have also
broken out at Benares and haA'e led to this appointment " (J. R. A. S,,
1901, p. 865.)

3 Sahha semvaih vicharanarahaih hhandagariliatthanam , (Jat, IV,
p. 37.)

♦ Jat. VI, pp. 1,427.

U CORPORATE LIFE

eighteen guilds, and this again testifies to the
important place they occupied in the polity of
ancient India.

§4.

We next come to the 2>^i"iod reiwe^enfed by
the early Dhm^ma-sutras (5th
Punrlrg^Tnisttion ^ in ccntuiy B, CrT(r^"SiT"°cenlury
^nL^^el^d.^'"''"^- ^C.).^ Tlie verse 21 of ih^.
11th Chapter of Gautama
Dharma-Sutra, quoted above, authorises the
" cultivators, traders, herdsmen, money-lenders
and artisans " to lay down rules for their respec-
tive classes, and we are further told that the
kin^ shall give the legal decision after "having
learned the (state of) aifairs from those who
(in each class) have authority (to speak)." ^

This presents a further stage in the develop-
ment of the guild-organisations. The corpora-
I tions of traders and artisans are now recognised
■ by the constitution as an important factor in the
state, and invested with the highly important
power of making laws for themselves. Their
spokesman, \corresponding probably to the Jet-
thaka of the Jatakas, is an important personage,
having the right to represent his class in the
royal courtj

1 S. B. E. Vol. II, p. 234.

CHAPTER 1 25

The extent of the influence which the guild
exercised over its members at this period is best
illustrated by two disciplinary rules laid down in
Yinaya-pitaka. According to one of them^ the
guild was entitled to arbitrate on certain occasions
between its members and their wives, while ac-
cording to the other^ its sanction was necessary for
the ordination of the wife of any of its members.

K passage in the same canonical text leads
us to infer that the guilds already possessed at
this time some executive authority. \ Thus it is
enjoined that a woman thief (cliori) should not
be ordained as a nun without the sanction of the
authorities concerned — " rajanam im samgham
m ganam m pugam va senim va anapaloheivaP
The old commentator remarks upon this
passage : — raja nmia^ yattha raja anusasati raja
apaloketabbo^ seni nama, yattha sem anusasati
seni apaloketahbo.^ \This certainly refers to the
executive and judicial authority of guild and
places it on the same footing with that of the
king aiid other political corporations!

Kautilya's ' Arthasastra ^ whicli is now

acknowledged by the generality

thfttoir^f^Ka'iulya'' of scholai's to have belonged

to the period under review

1 Vinaya Texts, IV. 220. Cj. J. R. A. S., 1901, p. 805.
^ Suttavibhanga. quoted in Economic Journal, 1901, p, 313-
y^ Where the King rules, his consent will have to be obtained^
<^here the guild rules its consent will have to be obtained. - '•

* Kautilya's Arthasastra, edited by R. Shamasastry.

4

^6 CORPORATE LIFE

throws much iiiterestiii*^' light upon the guild-
ori^anisations oi' this time, j hus 'Ave are told
that the *' Superintendent of Accounts '' had to
regularly enter, in prescribed registers, the
history of customs, professions and transactions
of the cori^orations,^ and three Commissioners,
or three ministers enjoying the confidence
of the guilds, were appointed to receive their
deposits which could be taken back in times of
distress. ^ Special concessions were made regard-
ing the lawsuits between trade guilds,^ and
special privileges were accorded to a merchant
belonging to a trade-guild.^ The importance
of the guilds in those days is further indicated
by the fact, that, in an ideal scheme of a city,
places are reserved for the residonce of the
guilds and corporations of workmen,^ and that
the taxes paid by them are included among the
most important sources of revenue.^ The village
guilds were protected by the regulation that no
guilds of any kind other than local ** Co-operative
guilds '' ^ shall find entrance into the village.
iThe reputed wealth of the guilds and the way
in which they were sometimes exploited by un-
scrupulous kings may be gathered from the
Machiavellian policy unfolded in Bk. Y. Ch. II.

«

^ Arthasastra, translated into English by R. Shamasastry, p. 69.

- Ibid, p. 253. » Ibid, p. 190. * Ibid, p. 228.

:' Ibid, p. 61. • Ibid, p. 66.

' Sdinutthayikad — anya6=*savuii/'anubandhah. (Ibid, p. 54,).

CHAPTER I 27

We are told that in case a kin 2^ ' finds himself
in great financial trouble and needs money/ he
may employ a spy who would borrow from cor-
porations bar gold or coined gold and then allow
himself to be robbed of it the same night.^

Kautilya also lays down certain specific
rules " regarding the guilds of labourers or day-
workers. They are to be granted certain special
privileges, for example, a grace of seven nights
over and above the period agreed upon for ful-
filling their engagement. The total earnings
are to be equally divided among all the members /
of the guild unless its usage dictated otherwise.
A person leaving the guild, after the work has
commenced, is to be punished with fines. Any
person neglecting his proper share of w^ork is to
be excused for the first time, but if he persists
in his bad conduct he is to be tlirown out of the
guild. Again, if any member is guilty of a glar-
ing oifence he is to be treated as the condemned
criminal. It may not be unreasonably held that
similar rules held good among guilds in general.

The power and influence of guilds at this
time may be readily inferred from a passage
Avhere the point is seriously discussed whether
the troubles caused by a guild or its leaders are
more serious. Kautilya, in opposition to his
predecessors, declares in favour of the latter,

j. Jbid, p. 305. ■' Jhid, p. 234 ff.

2S CORPORATE LIFE

because a leader, backed up by support, causes
oppression by it»juring the life and property of
others.^ Again, the question is discussed whether
a waste land is to be colonised by a population
consisting of organised bodies like guilds, or one
without any such organised bodies at all. The
latter is preferred on the ground that the guilds
and other organised bodies are intolerant of
calamities and susceptible of anger and other
passions.^ These and similar passages'^ in Artha-*
sastra hardly leave any doubt that the guilds
I were already an important factor in the state
fabric in the fourth century B.C.

It appears clearly from scattered references
in Kautilya's Arthasastra, that

Guild as a military ,-, -u • j.i i

power. i^h® guilds m those days were

also great military powers."^
Thus in Book IX, Chapter II, Kautilya includes
'' srenivala " among the various classes of troops
which the king might possess.^ It was some-
times quite sufficient both for defensive as well
as for offensive purposes, and when the enemy's
army consisted mostly of this class of soldiers,
the king had also to enlist them in his service.^
ilgain in Book V, Chapter III, dealing with

» Ihid, p. 403. = Ihid, p. 363. 3 C/., e.g.. Ibid, p. 380.

* The idea was first sugyfested to me by Prof. D. E,. Bhandarkar in
coarse of conversation. He, however, takes ' sretiivala ' to mean * soldiers
maintained by the guilds.'

5 ArthasSstra, p. 340. « Ihid, p. 341.

CHAPTER I 29

'* Subsistence to Government Servants ", the pay
oV Sreninmkhyas'' (chiefs of guilds) is set down
as equal to that of the chiefs of elephants, horses
and chariots, and then follows the remark :
" The amount would suffice for liaving a good
following in their own communities." ^ Further,
in Book, VII, Chapter XVI, Kautilya
mentions, among the nefarious ways by which
hostile party is to be kept down, that a ' sreni-
vala^ is to be furnished with a piece of land
that is constantly under troubles from an enemy,
evidently for keeping them too busy to interfere
in the affairs of state. In Book VII, Chapter 1,
'the sreni^ is classed along with soldiers as
means to repel the invasion of enemy.

Kautilya also refers to a class of Kshatriya
guilds which lived upon both trade and
war. " Kamboja-Surashtra-kshatriya-srenyadayo
Vartta-Sastropajlvinah "^ Evidently these were
special kinds of guilds and they wera mostly to
be found in Kamboja and Surashtra countries.

That the guilds adopted military profession
might at first sight appear strange enough but
the following considerations not only support
the view but prove the continuance of this state
of things in later periods.

Some verses in Mahabliarata ^ enjoin upon
a king to avail himself of " srenivala " which is

1 Ihid, p. 245. = lUd, p, 376. ^ Quoted below,

L^/l-

m CORPORATK LIFE

said to be equal in importance to hired soldiers
{Bhi'itam). Ramayana^ also refers to ' saf/odha-
sreni ' while the military aspect of the guilds is
clearly evident from the Mandasor Inscription.'-
In Narada'^ Smriti (X, Y.) we are told, with
reference to guilds and otlier associations, that
confederacy in secret,^ resort to arms without
due causes and mutual attacks,^ will not be
tolerated by the king.

There can be no question that ' srenivala '
refers to a class of lighting forces, for, as already
observed, Kautilva tells us that thev were some-
times quite sufficient both for defensive as well
as for offensive purposes. But even conceding
this there is room for differences of opinion.
Mr. R. Shamasastry has translated the term as
" corporation of soldiers," thereby ignoring the
idea of guild. Professor D. R. Bhandarkar
takes it to mean '' soldiers maintained by the
guild." I am disposed however to look for the
true explanation of the term in the ' Kshatriya
srenV of Kautilya referred to above. This seems
to me to refer to a class of guilds which followed
some industrial arts, and carried on military

1 Eamayana (Ed. by Gorresio) 11. 123, 5.

- For fall discussion see below. ^ Quoted below.

* The original words are '" niithah sainghatakaranam," Jolly tran.
slates it as " mixed assemblages," S. B. E. XXXIII, p- 154.

^ Jolly translates *' mutual attacks between those persons." The
context, however, clearly shows that the reference is to associations
and not persons.

CHAPTER i 31

profession at one and the same time. That this
is quite probable is proved beyond all doubts by
the Mandasor Inscription, to which detailed
reference will be made later on. AYe learn from
this interesting record that some members of
the silk-weavers' guild took to arms, and these
martial spirits valorous in battle " even to-day...
effect by force the destruction of their enemies."
It is not a little curious that this silk-weavers'
guild originally belonged to the Lata province,
just oil the border of the ? urashtra country,
which, according to Kautilya, abounded in
these Kshatriya guilds. But whatever view
may be correct, the interesting fact remains that,
in addition to their proper activities, some of the
ancient guilds also possessed military resources
of no mean worth, and that they played no
insignificant part in the internal polity of
ancient India. This naturally reminds one of
the Italian guilds of the Middle Ages.

The Kahatrltia Srenis mentioned by Kautilya
apparently subsisted for a long time, at least in
southern India, and a good example is furnished
by the Ye]aikkaras of the tenth and eleventh
centuries A. D. This community consisted of
various working classes such as the Valangai,
Idaiigai, etc., and is frequently referred to in the
Tanjore inscriptions of the Chola kings, Rajaraja
I and llajendra Ghola I, as a part oF the name of
the dilferent regiments composing the Chola

U CORPORATE LIFE

army. They also migrated to Ceylon and were
employed as mercenaries by Sinhalese kings at
this period. We learn from an inscription of
Polannaruwa that a chief named Devasena had
constructed a relic temple for the sacred tooth of
Jina at the command of King Vijayabahu and
invoked the members of the Velaikkara army to
protect it. These assembled together, bringing
with them their leaders, and took upon themselves
the responsibility of maintaining the temple and
protecting its property. By way of remunera-
tion one veli of land was assigned to each indivi-
dual member (of the Ve]aikkaras) and all agreed
thus : '' We protect the villages belonging to the
temple, its servants' property and devotees, even
though, in doing this, we lose ourselves or other-
wise suffer. We provide for all the require-
ments of the temple so long as our community
continues to exist, repairing such parts of the
temple as get dilapidated in course of time and
we get this, our contract, which is attested by us,
engraved on stone and copper so that it may last
as long as the Moon and the Sun endure."^

§ 5

A further stage of development in the
organisation of guilds ie observable in the period
represented by early Dharmasastras (2nd
century B. C. to 4th century A.P.). Thus

1 G. Ep. R. 1913, p. 101.

CHAPTiiR i 63

Manu-sarhhita not only reiterates the statement
of Gautama quoted above, but expressly refers
to Sreni-dharma or ' usages of the guilds ' as
having the force of law.^ It further lays down
that

" If a man belonging to a corporation inhabit-
ing a village or a district {grama'desa-samgha)^
after swearing to an agreement, breaks it through
avarice, (the king) shall banish him from his
realm." ^

The Yajnavalkya Samhita also prescribes that
if a man steals the property of a guild or any
other corporation, or breaks any agreement with
it, he shall be banished from the realm and all
his property, confiscated.'^

Similar injunction also occurs in the Insti-
tutes of Vishnu.^

These injunctions in the successive Smritis
hardly leave any doubt, that shortly after the
Christian Era the guild organisation had deve-
loped into a highly important factor in state poli-
tics. Not only Avas it recognised as a definite

- VIII. 219. The next verse (VIII. 220) further lays down that
such an offender should be fined and imprisoned, apparentlf, if the two
verses are to be held as consistent, before his banishment from the
realm (or should the latter be looked upon as an alternative punish-
ment ?). Both MedhStithi and Kullukabhatta include Trade-guilds
under * De^a-sanigha.'
3 II. 187-192.

34 CORPORATE LIFE

part of the state fabric, but its authority was up-
held by that of the state, and its prestige and
status considerably enhanced, by the definite
proclamation of the state policy to guarantee its
successful existence by affording it all timely
need and assistance.

The result of this happy state of things was a
further development of these organisations on
the one hand, and an increased confidence of the
public in their utility, on the other. This is
fully evidenced by a number of inscriptions jto
which reference may be made in some greater
detail.

There are altogether ^ve inscriptions belong-
ing to this period which distinctly refer to guilds
and their activities.

It will be well to begin with a short summary
of each of them.

1. An inscription in a cave at Nasik,^ dated
in the year 42 (=120 A.D.), records the dona-
tion of 3000 Karshapanas by Ushavadata, son-in-
law of the Saka Chief Nahapana. The gift was
intended for the benefit of the Buddhist monks
dwelling in the cave, and the entire sum was
invested in the guilds dwelling at Govardhana
in the following manner ;

** 2000 in a weavers' guild, the rate of inter-
est being one per cent, per month ;

^ Lud. No. 113c;.

CHAPTER I .35

" 1000 ill another weavers' cruild at the rate
of I per cent, per month." It is clearly stated
that these Kfihapanas are not to he repaid, their
interest only to he enjoyed. The object of the
gift is also laid down as follows :

' The 2000 Kahapanas at 1 per cent, per month
are the cloth money ; out of them is to be sup-
plied, to every one of the twenty monks who
keep the Yassa or retreat in the cave, a cloth
money of 12 Kahapanas ; out of the other thou-
sand is to be supplied the money for Kusana, a
term the precise significance of which is uncer-
tain.'

In conclusion we are told that all this has
been " proclaimed (and) registered at the town's
hall, at the record office, according to custom.'"

2. Another Inscription at Nasik "^ dated in
the 9th year of King Is'varasena, who ruled in
the 3rd century A.D.,'^ records the investment of
a similar perpetual endowment with the guilds
dwelling: at Govardhana, as follows :

"In the hands of the guilds of Kularikas
(probably potters) one thousand Karshapanas, of
the guild of Odayantrikas (probably workers
fabricating hydraulic engines, water clocks or
others) two thousand." The last portion of the
inscription is mutilated, but enough remains to

' Ep. Ind., Vol. VIIT, pp. 82-86.

- Ibid, p. 88.

' Rapson — Andhra coins, p. cxxxiv,

86 CORPORATE LIFE

show that an amount was also invested with the
guild of oil-millers, and the sum of 500 Kaha-
panas with another guild. The object of this
endowment was to provide medicines for the
sick of the Samgha of monks dwelling in the
monastery on mount Trirasmi.

3. An inscription at Junnar records the in-
vestment of the income of two fields with the
guild at Konachika for planting Karanja trees
and banyan trees. ^

4 Another inscription at Junnar ^ records
investment of money with the guild of bamboo-
workers and the guild of braziers.

5. A third inscription at Junnar ^ records
the gift of a cave and a cistern by the guild of
corn dealers.

There are, besides, a number of fragmentary
inscriptions * which seem to record similar invest-
ments with various guilds, but as their purport

* The inscription runs as follows :

^n:^!^ fsT^fTsrf^ f^^ ^^^Hfl% ^^^^ fT^ci^i^ (^t) ^ " i

Biihler-Burgess translated it as follows in Arch. Snrv. W. India. IV
" By Aduthuma, the Saka, an Upasaka of the guild of the Konachikas
(a gift of) 20 Nivartanas in vadalika, near the karanja tree and in
Kataputak;i, 9 nivartanas near the banyan tree." Pischel has shown
that ' vadamula 'and * karajamula ' really mean " cost of planting
these trees " (Nachr. Gott. Ges. Wiss. Phil. Hist. Kl., 1895, p. 216).
LGders thinks that the investment was made with the guild and not by
a member of the guild (Ep. Ind., X, App., p. 132).

* Lud. No. 1165. 3 jttci, No. 1180.

* Five inscriptions of this period refer to the gift of Avesani, a
term which has not been met with anywhere else. Cunningham
translated it as "gateway-architrave" (Bhilsa Topes, p. 264), whi]e in

CHAPTER I

37

Guilds servitif?
local banks.

as not been made out ATith certainty no reference
is made to them. The five inscriptions, quoted
above, are however calculated to throw a flood of
light on the function and organisation of the
ancient guilds. Thus Nos. 1-4 conclusively prove ^
that guilds in ancient days received deposits of
public money and paid regular interest on them.
The Machiavellian policy of exploiting these
guilds, as laid dowm in Kautilya, and quoted above
on p. 27, bears testimony to the fact that they
also lent out money. Roughly
speaking, therefore, they must
be said to have served the func-
tions of modern banks. The Inscription No. 1
shows that the rate of interest which they paid
varied between 12 and 9 p.c. The guilds, which
thus operated as a net-work of banks throughout
the length and breadth of the country, must have
possessed a coherent organisation, sufficient to
induce the public to trust large sums of money
with them. They must have been of long stand-
ing, and their operations, characterised by honesty
and fair dealing; for, otherwise, men would scarcely
have made perpetual endowments with them.
The concluding portions of No. 1 seem to prove

^

Maisey's " Sanchi," it is translated as " neophyte " (p. 95). Btihler
suggested the meaning ' the foreman of the artisans ' (Ep. Ind., Vol. II,
p. 88). Luders has accepted it in the case of the Sanchi inscription,
but in other places rendered the term simply by * artisan.' The con-
clusion about the existence of a ' guild ' from the use of this term is
therefore somewhat problematic,

c

38 CORPORATE LIFE

also that they were recognised as an important
factor in the municipal government of ancient
cities, and Avere responsible to the corporation of
the to^yn for the due discharge of their duties
as trustees of puhlic money. They received not
merely deposits in cash, but also endowment of
property, as is proved by the Inscription No. 3.

The objects with which these endowments
were made are manifold, and due performance
of them must have required extra-professional
skill. Thus some guild is required to plant parti-
cular trees, while several otliers, none of whom
had anything to do with medicine, were to
provide it for the sick monks of the cave. The
inscriptions further prove that there were several
craft-guilds at one place, and sometimes more
than one guild belonging to the same profession ;
as for example, there were two weavers' guilds
at Govardhana {cf. No. 1). In general, the guilds
are named after the professions to which they
belong, but in one case the reference is made
simply to the '' guild at Konachika." It might
mean that there was only one guild at the village,
so that no special designation was necessary to
denote it, or that the whole village formed itself
into a guild, being inhabited by one class of
artisans alone ; for, as we have seen above, the
Pali literature contains reference to such villages.
The last Inscription, No. 5, is interesting, as it shows
that the guilds were not merely the receivers of

CHAPTEK 1

^9

other's gifts, bat made gifts themselves in the
name of the corporation.

Some injunctions, laid down in the early
Dliarma-sastras, aflbrd us an

Functions of guild

according to Yajnavai- interesting glimpsc into the

Icyu-samliitti.

workmg of these guilds. Thus
Yajnavalkya-vsamhita (Chap. II) contains the
following : —

?T^^ f^qdci: ^m^ ^to: ir^ ^w ii^^^
^^w^rrSi '^TT^cjT^ ^ci^zd^ ft^^^^ I

^^T^^^w ^^TOt '^^^ ^j^^n ^^ \\\co

It follows from the above that guilds could
possess corporate property, and lay down rules
and regulations corresponding to the ' Articles
of Association ' of t]ie present dav, which it was
high treason to violate. Their representatives

40 CORl^OllATE LIFE

often transacted business with the court in their
name and were held in high respect there. Some
pure and virtuous men were appointed as their
executive officers {karya-chintakah). Their rela-
tion to the assembly is unfortunately not quite
clear. Though it is not clearly laid down, whether
they were appointed by the king, or elected by
the members themselves, the latter seems to be
very probable, from the tenor of the whole pas-
sage. Then, again, it appears, from the line
" Karttacyam vachanam lesham samUha-hitavadi'
nam,'' that these officers possessed executive
authority over the members of the corporation,
and could visit with punishment anyone who
disobeyed their decision. They were bound,
however, by the laws and usages of the corpora-
tion, and if they violated them in the exercise of
their authority, and there was dissension between
them and the general members, the king liad to
step in and make both parties conform to the
established usage. The executive officers, though
vested with considerable authority, could not thus
be autocrats by any means, and their ultimate
responsibility to the law and custom was assured
by the instrumentality of the assembly.^

Although no mention is made here of the
President of the guild, the frequent reference to

^ This point is made quite clear by the commeutators. Mitraniisra,
for example, quotes Y. II, 187, in support of the fact that the Assembly
could punish the Executive Officers. (Viram, p. 488.) This point has
been treated in detail later on.

CHAPTER 1 41

Sreshthm iu contemporary inscriptions sho^^'s that
there was one ; but the real power seems now to
have devolved upon the executive officers. Thus
the constitution of the guild during this period
presented a very modern appearance, with a chief,
and a few executive officers, responsible to the
assembly. The corporate spirit of a guild is most
strikingly manifested in verse 190, which lays
down that everything acquired by a man, w^hile
engaged in the busiuess of the guild (apparently
including even gifts from king or other persons),
must be paid to the guild itself, and anyone
failing to do this of his own accord, will have to
X}ay a line amounting to eleven times its value.

The importance attached to guilds and other
corporations at tlus period is best illustrated by
the two following facts :

1. The violation of agreements entered into
with the corporations {Sarhcid'Cf/atikranm) is
already recorded in Yajnavalkya and Manu as
one of the recognised titles of law^ (M. A^III, 5;
Y. 11, 15).

2. Yajnavalkya lays down the general maxim
(see verse 186) that the duties arising from the
llules and Regulations of the corporation {Sdma"
ijll'(f^), not inconsistent with the injunctions of
the sacred texts, as well as the regulations laid
down by the king, must be observed with care.

' Santaya ' is defiued in the Nurada-siuriti us the aggregate of the
rules settled by tho corporations. Narada, X. 1. Uv.ncv the meaning
of the ' Samayika,' I have asisigiied above.
G

J

4a COllPORxVTE LIFE

jthus placing the duty towards the guild on an
equal footing with that towards the state.

It appears from the last line quoted above
that discussions and differences between different
guilds were not unknown. In such cases the
king had to step in and make each party
conform to the existing rules and usages.

A few passages may be quoted from Maha-
bharata ^ to indicate the high importance that
the guilds enjoyed in general
inlMtSt:."""'''' estimation. Thus guilds are
described as one of the princi-
pal supports of the royal power,^ and sowing
dissensions among the heads of guilds, or inciting
them to treason, is looked upon as a recognised
means of injuring the enemy's kingdom.'^ Dur-
yodhana, after his defeat by the Gandharvas,
refuses to go back to his capital, for, humiliated
as he was, he dared not face the heads of the
guilds. *'What Avill the heads of guilds (and

^ RcforeiJCCb urc to the Calcutta Edition.

T^%^ ^l^l^g Tl^sTl W^^ ^q%^ II 9 (Asrama.vasika-

parva, ch. 7).

^r^Q^Wl^^Tf^^ ft^^^^^^ "^ II 49 (^jlntipaiva, cL. 59).

_ . ■iif^^'^q^m ^IW^^^l ^ !

'^TfllslR qRX^fl ^^^fTcI'Tt^fq II ^^-i (^'aiitiparva, cb. 14:).

(M[ AFTER 1

43

others) say to me and what shall I tell them in
reply ? ^" Last, but not of the least importance, is
the verse in Santi-parva which lays down that
no amount of expiation can remove the sins of
those who forsake their duties to the guild to
which they belong.^

An interesting reference to guilds is also
contained in a passage in Harivariisa which
describes the fatal wrestling match between
Krishna and the followers of Kariisa. The arena
which was built for accommodating visitors con-
tained pavilions for the different guilds, and we
are told that these pavilions, vast as mountains,
were decorated with banners bearing upon them
the implements and the emblems of the several
crafts."^

The clay seals discovered at Basarh, the site
of ancient Vaisali, throw further interesting
sidelight upon the guild-organisation^ of this
period. The following legends, among others,
occur on a number of them.^

parva, ch. 248).

W?Il% ^ t W' ^^\ ^'iRf 5T fk^^ II 19 (^rmtiparva, ch.

36).
^ Sva-karmma-drav3'^a-3-uktabhih paiakabhir-nirantaram
^'renTnan-cha ganantifl-chxi mancha bhant3^-aclial-opamah.

ITaiivariiso, Ch. 86, v. 5.
* Annual Report of the Archaoological Survey of India, 1903-4,
p. 107 ff ; 1911-12, p. 56 ; 1913-14, p. 138 ff.

44 TORPOR ATI: LIFE

1 . Sreslithi-sarthavalha-kiiliku-nigama.

2. Sfeslitlii- kulika-nigama.

3. Sreshthi-nigama.
1. Kulika-nigama.

The crucial word in the above legends, viz.,
nigama, lias been usually rendered by the scho-
lars as 'guilds' or 'corporations.' Professor
D. R. Bhandarkar, however, contends^ that there
is no authority for this meaning and suggests
that the word should be taken in its ordinary
sense, viz., *a city.' Professor Bhandarkar is
undoubtedly right in his contention, and until
some chance discoveries definitely establish the
meaning of the term, it is, I believe, safe to
accept his suggestion.

The legends quoted above would thus refer
to cities administered by ^reshthis, KiiUkas and
Sarthovahas, jointly or severally. Such a state
of things, though unusual, cannot be regarded,
however, as absolutely unique in view of the
great mercantile organisations of southern India
to w^hich a detailed reference will be made in a
later section of this chapter. In northern India
too, an inscription at Gwalior - refers to a Beard
of ISreshlhiH and Sariharahas administering the
city in the year 877 A.D.

Now the words Sresthi, Sm^thavaha and
Kttlika ^ are ordinarily used in Sanskrit literature

1 Carmichael Lectures, 1918, p. 170 ff. ^ Ep. Ind., Vol. I, p. 159 ff.
■'' I take the word to be the same as Jiulnlca,

CIIAPTEn I 45

to denote the chief of a guild or caravan. It is
clear, therefore, that the clav-seals referred to
above belonged to guilds Avhieh were powerful
enough to be recognised as the ruling authority
in a city. As we have seen above, there are
references in the Jataka stories to villages of
artisans and traders, and possibly similar state
of things prevailed in the 4tli and otli centuries
A. D. In any case, at the present state of our
knowledge, the only legitimate conclusion from ^
the Basarh seals seems to be, that there were
powerful guild- organisations, with ruling autho-
rity, in various cities of India during the Gupta 3
periodv^

^y 1^ may be mentioned here that tlie scholars who have taken the
word nigama in the sen?e of a guild deduce quite different, though
interesting, conclusions from the inscriptions of the Basarh seals. The
following remarks of Dr. Bloch may he quoted as a specimen : —

" The most numerous among the seal-inscriptions is that referring
to the corporation or guild (nigama) of bankers (Sreshthin), traders
(Sarthavaha), and merchants (Kulika). It is invariably combined
with other seals giving the names of private individuals, only in one
instance it is found together with the seal of the Chief of Prince's
Ministers. The list of private names is fairly" conspicuous. A great
many of them are distinguished as merchants (Kulika). One person,
ITari by name, styles himself both Kuliha and Prathoma Kulika. T%vo
persons aie called bankers (Sreshthin), and one, Dodda by name, was
a sarthavaha or trader. Generally t^AOor even more of the seals of
private individuals are found in combination with each other or with
the seal of the guild of bankers, etc., of which evidently most of them
were members. It looks as if during those days, something like a
modern Chamber of Commerce existed in upper India at some big
trading centre, perhaps at Pataljjmtra." (Annual Report of the
Archpcological Survey, 1903-4, p. 104.)

46 COUPOllATE LIFE

§ 6

We now come to \ihe period represented
by the later Dharmfi-sastras^ like those of
Narada and Brikaspati (5lli to 7th century
A D.). The progressive advancement of the
guild-organisations is continued during this
period. . In Narada, as well as in Brihaspati,
separate chapters are devoted to the title of law
arising out of the transgression of compact
(Saihvid-vyatikrama). Narada explicitly states
that " the king must maintain the usages of
the guilds and other corporations. 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." ^ We are further told
that "those who cause dissension among the
members of an association shall undergo punish-
ment of a specially severe kind ; because they
would prove extremely dangerous, like an
(epidemic) disease, if they were allowed to go
free."^ These injunctions of the Dharma-sastras
show in a general way the high importance
attached to the guild-organisations as an impor-
tant factor in society.

Tlie literature of this period throws interest-
The raUon d'etre iug sido-light ou the uature

of i'uild-orffanisations . • • ^ p Ji "u

cieariv explained in aud origm^ of thc guild-orga-
t^he^ Brihaspati Sam- ^^.^^^^^^ r^hus, regarding their

' X. 2, 3, "- X. 6.

CHAPTER i

47

raison d'etre Ave find the following in Brihas-
pati ^ : —

Tiid^i<4T^ ^mr: ^^ht^t?;'!!t: ^e^cit: i

Jolly translates this passage as follows : — •

" A compact formed among villagers, com-
panies (of artizans) and associations is (called) an
agreement ; such (n?n agreement) must be observ-
ed both in times of distress and for acts of piety.

" When a danger is apprehended from rob-
bers or thieves, it is (considered as) a distress
common to all ; in such a case, (the danger)
must be repelled by all, not by one man alone
whoever he may be." '^

This translation does not commend itself to
me, for the rendering of Jolly, " such (an agree-
ment) must be observed l)oth in times of dis-
tress and for acts of piety," hardly gives any
satisfactory meaning. The real significance of
the passage seems to be that such convention is
to be executed {karyah) to provide against dangers
and for the purpose of discharging their duties.^

1 XVII. 5-6. 2 S. B. E., Vol. 33, p. 347.

^ " The SaptamT in ' Badhukale ' and * Dharmakarye' is to be ex-
plained by the rule " Nimittat karmma Samavaye" cf. the explanation
of

b}^ Vachaspati Misra in Bhamati.

48 CORPORATE LIFE

In the next passage Jolly renders * chata
chaura ' by robbers and thieves. The sense of
robbers and thieves is eovered by the Sanskrit
term 'chcmra ' but ' Chata ' remains untranslcited.

The word occurs in ^' a chata-hhata'prdvesya^^
and other analogous technical expressions that
occur frequently in the land grants of this
period, and both Dr. Biihler and Dr. Fleet have
taken it in the sense of '* irregular troops." ^
Then, Jolly's translation of the last portion is
also not satisfactory. It would strictly mean
an injunction upon a particular individual not
to repel the common danger. The real meaning,
however, seems to be : " it is the united body,
not a single individual, whoever (/. e., however
great) he may be, that is able to repel the
danger."

We are now in a position to understand the
general purport of the whole passage. In the
first two lines the author lays down the reasons
why a compact should be entered into by the
members of a guild and other corporations.
These are said to be (1) prevention of danger
and (2) proper discharge of their duties (religi-
ous and secular).

The last two lines mention specifically the
dangers referred to above, I'lz., those from thieves,
robbers and irregular troops (who probably
infested the country after they were disbanded

* Intl. Ant., Vol. V. p. 115 j Gujilu Jnficnptiony. p. 98, fn. {2}

CHAPTER I 49

at the conclusion of a war), and justifies the
recommendation for a compact by stating that \
such dangers can be repelled only by the co- j
operation cf all, and not by a single individual.

It was thus fully realised that the value of
co-operation lay in the facilities it affords for
preventing common dangers and performing i
common good. It must have been a deep-rooted ^
consciousness of this utility of co-operation in \
the public mind that led to the growth and
development of these guild-organisations.

AVe also learn from the same texts some of
the formalities Avhich accompanied the formation
of a new guild.

Thus Brihaspati says : —

It thus appears that the first step towards ^
tJie organisation of a guild was to inspire mutu-
al confidence among the intending members.
This was done by one of the following means.

1. Kosha. — This no doubt refers to the
ordeal described in detail in Narada 1. 329-331
and Yajfiavalkya 11. lI4-llo. The person to
be tested ^as " to drink three mouthfuls of water

' " Mutual confideuce having first been established by means of
(the ordeal by) sacred libation, by a stipulation in writing, or by
umpires, they shall then set about their work." (XVIT. 7; S, B. E.,
Vol. XXXIIT, p. 347.)

7

60 (^OJiPORATE iAVE

in which (an image of) the deity whom he holds
sacred has been bathed and worshipped. If he
should meet himself with any calamity within
a week or a fortnight (after having undergone
this ordeal), it shall be regarded as proof of
his guilt," ^ otherwise he would be considered
pure and of course a worthy member of the
guild.

2. Lekha-kriya. — This probably refers to a
convention or agreement, laying down the rules
and regulations of the guild, to wliich all must
subscribe.

3. Madhyastha. — It is difficult to understand
what this really means. It may refer to the
practice of a well-known man standing guaran-
tee for the faithful conduct of another.

After having inspired mutual confidence by
one or other of these means the intending mem-
bers set themselves to work. The list of items
of business included various things besides the
strictly professional business,'^ and these were
probably inserted in a document to which each
of the intending members had to subscribe.

* S. B. E., Vol. XXXIII, p. 116. In the case nnder consideration
we have, of course to gubstitute for * gnilt,' * nnfitness for membership.'

* This of course would differ with different guild? and is referred
to in general terras, as follows, by Katyayana.

(quoted in Vivadaratnakara, p. 180.)

CHAPTER I 51

Brihaspati preserves a specimen of such items
ill the following lines : —

Thus the activity of the guilds was extended
to a variety of objects of j^ublic
tioil'^ofguHdri^^^^^^^^ utility such as the construction
saiMutt ^•'''''^'''' ^^' ^ ^^^^^«e of assembly, of a
shed for (accommodating travel-
lers with) Avater, a temple, a pool, and a garden.
They also helped the poor people to perform the
" Samskaras "- or sacrificial acts enjoined by the
sacred texts.*^

^ XVII. 11-12. For Jolly's trauslatiou of the passage, cf. S. B. E.,

Vol. xxxni, pp. aiT-s.

^ Jolly translates the passage as " relief to helpless or poor people,"
Bat as ' Samskaras ' is placed along with '* yajanakriya," it must refer
to the 12 or 16 Sarkglaras mentioned in the Smritis.

' The duty specified by the expression '* hulayanani nirodhaicha '*
is difficult to understand. Jolly translates it as *"' a common path or
defence." This is not however in keeping with the view of any of the
uommentatora like Chandesvara or Mitramisra. The former explains
the passage rs " kidayanam Jciillnnsya ayanam (anayanam), nirodho
d ici-jjana-pravesa-varanam,' ' i.e., importation of good men and the prohi*
bition of bad ones. (Vivadaratnakara, p. 182 )

Mitramisra explains it as '' durhhikshady-apaijamapuryyantasya
dharanam " whiih probably means the maintenance of people till the
famine, etc., is over. Mitramisra also notes a variant reading " kulyaya-
/(a«?ro(.i/tai^ " and explains it as "kidyayah pravartana-pi-atibandhaiL "
i.e., the excavation of tanks, well?; etc , and the damming of water-
ocurses. O if^'-i"-) T- -iSo.)

irl COllPORATE LIFE

All these were written in a formal document
which Avas a valid agreement in the eyes of law.
This aspect of the activity of guilds is borne
witness to by tlie iascriptions. Tims the Junnar
inscription already referred to above ^ mentions
the excavation of a cave and the construction
of a cistern by the guild of corn-dealers. The
Mandasor inscription " describes how a guild of
silk-weavers built a magnificent temple of the
Sun, in the year 437 A.D., and repaired it again
in 4i73-4 A. D.

§ 7

The executive machinery which enabled the

guilds to perform these multifarious works

is also described in some detail in Brihaspati.

There was a chief or president, assisted by two,

three or five executive officers

■guild"""'''"'""'' (XVII. 9, 10).-^ Brihaspati

says that only persons who

/ are honest, acquainted with the Yedas and their

duty, able, self-controlled, sprung from noble

^ Sac p. 36, above.

^ Fleet — Gui^ta Inscriptions, No. 18.

' XVII. 10. The inscriptions of the Vaillabhatta Svaniiu Teniplo at
Gwalior (Ep. Ind., I, p. 154 ff.) refer to the executive officers of several
gailds. Thns, for example, while referring to the oilmiller's j^uilds.
* it at first mentions the names of the Chiefs of eacli trnild {TfiiliknmO'
hattaica) and then adds " and the other members of the whole guild of
oilmillers." The number of chiefs of the three guilds of oilmillers, is
respectively 4, 2, and 5.

PJxecutive officers.

lAPTEli 1

families, and skilled in every business, shall be
appointed as executive officers/

These officers, seem to have exercised con-
siderable authority over indivi-
dual members in their official
capacity. Thus, according to Brihaspati, if an
individual failed to perform his share of the
agreement, though able to do the same, he was
punished by confiscation of his entire property
and by banishment from the town. Tor the
man who falls out with his associates or neglects
his work, a fine is ordained amounting to six
nishkas of four suvarnas each. Eanishment
from the town is also the punishment of one who
injures the joint stock, or breaks the mutual
agreement.

The executive officers could deal with the
wrong-doers, in whatever way they liked, begin-
ning from mild censure and rebuke and culmi-
nating in any punishment up to exj)ulsion." In i
administering these their hands were unfettered,/
for Brihaspati states explicity that '^ Avhatever
is done by those (heads of an association),
whether harsh or kind towards other people, in

' XVII. 9. Fort-ons, not deserving of tiictic- posts are also men-
tioned in detail.

(Brih., XVIi.8.)

XV LI. 17

6i CORPORATE LIEil

\ accordance with ijrescribed regulations/ must
\ be approved or by the king* as well: for they

are declared to be the appointed managers (of

affairs)."^

i The king however could interfere in specitied

cases. Thus the next verse tells us, *' should
they (heads of an association) agree, actuafrd bf/
hatred^ on injuring a single member of the
fellowship, the king must restrain them ; and
they shall be punished, if they persist in their
conduct."^ It seems that any person punished
by the president could appeal to the king, and
if it would appear that the conduct of the latter
was not in accordance with prescribed regula-
tions but simply actuated by personal feelings,
the king could rescind his resolutions. These
y two passages seem to indicate that while the
independence of the association was respected
by the king, the security of a person from the
occasional fury of a democratic assembly was
duly safe-guarded. It was probably by such
means that a reconciliation Avas sought to be

^ This phrase is to be added to Jolly's translation of the passage in
S. B. E., XXXTIT, p. 849. For the original runs as follows :

f^'e^^t: ^^ explained Ly Mitra-misra as ^'-^ig^lcf ^T^jf: "
(Virara., p. 430).

•> XVII. 18; S. B. E., Vol, XXXIIl.
^ S. B. E., Vol. XXXIir, p. 349.

CHAPTEK I 55

made between the contending claims of indivi-
dual and corj)orate rights.

Inspite of this exercise of high authority by
the executive officers the demo-

The demopratic ele- a* i l -i.

ment. cratic element was quite a

distinguishing feature of the
guild organisations of this period. There was a
house of assembly ^ where the members of the
guild assembled to transact public business from
time to time. According to Narada, regular
rules were laid down for the attendance of mem-
bers, and the king had to approve of them,
whatever they might be.- It appears from
Mitramis'ra's comment on the passage, that the
sound of a drum or other instruments was a
signal for the attendance of members in tlie
guild hall for the transaction of the affairs of the
community." Regular speeches seem to have been
made in the assembly, and the idea of * liberty
of speech ' was probably not unknown. Thus
Chandesvara quotes the following passage from
Katyayana in his Yivadaratnakara.

and adds the comment gt 5r^Tc[ ^T^f%irr%5 ^

This seems to imply that the executive officer
who injures another for having said reasonable

' Brih., XVri. 11. - Naiada, X. 3. • Viraiii., p. 430.
* Bih. Lid., p. 179.

50 CORPORATE LIFE

things, iiiterrujits a speaker (lit. skives no oppor-
tunity to the speaker to continue), or speaks
something improper, is to be punished Avith
' purvasahasadaiida.'

Several minor regulations also clearly bring
out the democratic feeling that pervaded these
institutions. Thus it is ordained by Brihaspati
with regard to the executive officers or other
persons deputed to manage some afPairs on behalf
^of the guild, that whatever is acquired (such as
a field or a garden acquired in course of a boun-
dary dispute in a law court), or preserved (from a
thief) by them, and whatever debt is incurred by
them (for the purpose of the guild), or wliatever is
bestowed upon the community as a mark of royal
I favour, all this is to be divided equally among
[ all the members.^ If however tlie money
I borrowed by the executive officers was spent by
them for their own individual ends and not for
the interest of tlie guild, they were liable to
make good the amount.^

It appears from some comments Vof Mitra-
misra that the inclusion of new members in a guild

Viram., p. 432, The bracketted portion in the above translation is
taken from the commentary.

CHAPTER I

57

and tlic exclusion of old members from its fold de-
pended upon the general assembly of the guild.
He also quotes a passage from Katyayana to
show that the new member Avould at once share,
equally with others, the existing assets and liabi-
lities of the guild and enjoy the fruits of its
charitable and religious deeds, whereas the man
who was excluded from the guild would at once
cease to have any interest in any of them.
Chandesvara the author of Vivada-ratnakara also
quotes the same passage ^ and informs us that it
required the consent of all to become the
member of a guild, but one might giv^e up the
membership of his own accord.

The passages quoted above also indirectly bear
testimony to the fact that the guilds possessed
some of the powers and functions of a democra-
tic assembly. Thus it is clear that

(1) The guild was recognised as a corporation ^
in a law court where it was represented by select-
ed members to contest the possession of a field,
garden, etc.

( IIMT^ ) m?irT^ ^^4^ ^mSTi: TPi^ trtf?T n

(Virain., p. 432)
V. Rtn. reads T^msT^ for mffcTRI in lino 2. %\in^ lor %^5^ \n line 3,
and fl'TcT for Hl^cT in line 4 (p. 187).

8

58 (CORPORATE LIFE

(2) The guild possessed corporate immovable
property like field, garden, etc.

(3) The executive officer could contract loan
pn behalf of the guild.

(4) Charitable and religious deeds were per-
formed on behalf of the corporation, each indivi-
dual member of which was supposed to have
enjoyed the benefits thereof.

(5) One could cease to be a member of the
guild of his own accord.

But the most characteristic democratic ele-
ment in the whole system was the ultimate res-
ponsibility of the executive officers to the assem-
bly. This point is fully treated by Mitramisra.^
He takes verse 187 of the second chapter of
Yajnavalkya to refer to the Mukhyas, and recites
the following text from Katyayana as an illus-
tration of the doctrine " ^g^^?!f^ ^^^'TT-
fi^gn?:* " (the right of the assembly to punish its
chiefs).

Thus any of the executive officers who was
guilty of any heinous criminal act, who created
dissensions or who destroyed the property of the
association, could be removed, and the removal

VI\f^W. (V. Rtn., p. 188).
^ Viram., p. 428.

CHAPTER I

59

was only to be notified to, but not necessarily
sanctioned by, the king. As the executive oAQl-
cers possessed great power it might not always
have proved an easy affair to remove them if
they assumed a defiant attitude.^ In such
cases the matter was to be brought to the notice
of the king as appears from the following verse
in Brihaspati-Samhita :

The king would hear both sides and, of course,
decide in such cases according to the special rule
of the guilds, as already noticed above (p. 2\).^
He would then give his decision and enforce his
decree. * ■-•■

Mitramisra is quite explicit on this point.
He says that the removal of the executive
officers was the proper function of the assembly
(samUha), and that the king would step in to
punish these men only when the assembly
found itself unable to do so ("^^jyisi^ 7[^ ^^

^ Cf. the passage in Arthasaatra quoted above on pp. 27-28.
^ XVII. 20. " When a dispute arises between the chiefs and the
Bocieties, the king shall decide it, and shall bring them back to their
duty." (S. B. E., Vol. XXX III, p. 349.)

..3 See also Ifarada X. 3. and Jagannatha's coranaent upon it. JS'ar.,
p,.184. ...

.-.-♦As an,- illustration of this, he quotes M. VIII, 219-221, referred
to on p. 33, above, -where it is enjoined upon the king to banish the-

6D CORPORATE LIFE

The above circumstance furnishes a most,
striking illustration of the royal interference
in the affair of guilds. That the king could
uphold the cause of an individual if he thought
that he was a victim to jealousy or liatred, lias
already been noticed Ijefore. 8omc other cases
of state interference may be gleaned from the
following verses of Narada

^m^^ ^^m^J rl^^ ftf^^TT^?! 118

]>GrBuii who viulatea his agrcemfc-nt -with a corpuiatioii. Mitrainibra liero
takes the -whole passage as referring to ' mukhyas ' or exocutire oflicers
alone. He *ah'o similarly explains tin. followiug pacsago of Uriharpati
with reference io ' mukhj^ac, ' alonf .

[An acrimonious or malicious man, and one who causes dissension
or does violent acts, or who is inimically disposed towards the guild,
association or the king, shall be instantly expelled from the town
or the assembly (of the corporation)].

He then adds the following comment.

" to be expelled from the place of the assembly, i.e., by the

assembly itself. It cannot be argued that this interpretation is wrong
iuasmucli as the assembly has no right to award punishment. For the
passage c^aoted above from Katyayana conclusively proves that it is the
assembly which has the right to punish the executive officers." Yiram. ,
p. 429.

CHAFrEll t 61

Thus the kins? could forbid a combination
of different associations (possibly of a hostile
nature), arming of those bodies without due
causes, and the conflict between them. He
could also prevent them from undertaking such
acts as were either opposed to his wish or in-
terests, or of contemptible and immoral nature.

The extant commentary ^ on these passages
of (the Narada Smriti, Avhich, though of late date,
may be assumed to have been handed down
from more ancient times, throws new light upon
the relation of the king and the corporations <

like guildsj It runs as follou's: ''^i^ f^sft^ij I

^mwif^f^m m ^Uf{ f*?fec^T ^m ^T m v.^
i^\^ i?^HT ^R^H* ^TT^rm ffrf ^wrfir: ^^^\

What the commentator means to say is this.
In the previous sutras (X. 2-3— see above) it has
been laid down that the king must maintain the

1 X. 4. 5. 7. Translated in S. B. E., Vol. XXXIII, pp. 154.5.
' Nar., p. 164, f. n.

6^ CORPORATE LIFE

rules and usages, settled by the guilds and other
corporations, whatever they might be. Now they
might form such regulations as *' we shall ask '
the subjects not to pay taxes to the king," " we
shall always go naked," " we shall gamble,"
" we shall visit prostitutes," '' we shall drive at
excessive speed along the public road," *' we
shall worship at those places where Sakhotaka
grows," etc. In that case it might be urged to
be the duty of the king to maintain even these
regulations. In order to safeguard such contin-
gencies, the above exceptions have been laid
down. This proves, as nothing else could have
done, the supreme importance attached to these
corporations. 'A king could interfere with them
4 only in some specific cases, but otherwise they
were free to act in whatever Avay they liked,
and the king Avas bound to accept their decision. \

§ 8

We have already seen that the guild as a

whole possessed considerable executive and

judicial authority over its

Co^ts^of raw"!*^ '^*^^ members. The passages quoted

above to illustrate this must

however be taken to signify that the authority

extended over, and covered, only those relations

in which they stood to the guild. In other

* j w^ords, the guild could only interfere in cases

! which affected, or had a tendency to affect, its

transaction of business. The following passages
in Brihaspati seem to show, however, that the
guild also formed part of the ordinary tribunals
of the country.

''Relatives, guilds. assemblies (of co-habitants),
and other persons duly authorised by the king,
should decide lawsuits among men, excepting
causes concerning violent crimes (sahasa).

" When a cause has not been (duly) investi-
gated by (meetings of) kindred, it should be
decided after due deliberation by guilds ; when
it has not been (duly) examined by guilds, it
should be decided by assemblies (of co-
habitants) ; and when it has not been (suffi-
ciently) made out by such assemblies, (it should
be tried) by appointed (judges)."^

It would certainly follow front the above,
that the guild formed the second of the four
ordinary courts of justice, from each of which an
appeal lay successively to the next higher ones.
The chapter in which these passages occur deals
generally with the constitution of the court of
justice and there is nothing to show that the
judicial functions of the guilds noticed here
related to its members alone or simply with
reference to its own proper business. The very
fact that Biihaspati has noticed these latter

k

' I. 28, 30 ; S. P. E., Vol. XXXIII, p. 281.

The word ' sreni ' has been rendered by Companies (of artizans)
in the original passage but I liare substituted the "word * guild ' for it.
Cf. also Narada, 107, p. 6.

(J* CORPORATE LIFE

functions separately in a later chapter, seems to
prove that in the passages, quoted above,
reference is made to the guilds as ordinary
courts of law. The exception noticed in verse
28, viz., causes concerning violent crimes also
proves that the writer had in view only the
ordinary cases to be tried bv ordinarv courts
of justice.

This conclusion is supported by the recently
published Damodarpur Copper plates. Two of
them, dated in tbe years 4^33 and 438 A.D., in
the reign of the Gupta emperor Kumaragupta I
contain the following passage ^ : —

Prof. E». G. Basak who edited these inscrip-
tions translates the passage as follows :-—

"While Kumar'amatya Vetravarmma was
administering the government of the locality in
the company of nagara-sreshtJd I)hritij)ala,
5a.r??//arrJm Bandhumitra,^;;'«^/i«W2«-/^?fZ/7t« Dhriti-
mitrsi, praihama-Mf/astlia Samvapala."

It appears to me, however, that the question,
here, is not of general administration, but
merely the administration of justice. This
follows from the ordinary meanings of the terms
adhikaram and vf/avahara, viz., ' court of law' and

» Kp. Ind., Vol. XV, p. 130,

CHAPTER I 65

' aclministration of justice,' and I do not see any
reason why these words should he stretched to
cover the idea of general administration. The
passage in my opinion contains a clear reference
to courts presided over hy the chiefs of different
corporations of mercharjts and artisans.

§ 9
Some interesting side-light on the organisa-
tion of guilds is furnished by inscriptions of
this period. Thus the Indore Copper-plate
^Inscription of Skanda Gupta ' dated in the year
116, I.e. 165 A.D., records the gift of an endow-
ment, the interest of which is to be applied to
the maintenance of a lamp which has been
established in a temple for the service of the
Sun-god. We are farther told that '* this gift
of a Brahman's endowment of (the temple of)
the Sun (is) the perpetual property of the
guild of oilmen, of Avhich Jivanta is the head,
residing at the town of Indrapura, as long as it
continues in complete unity, (even) in moving
away from this settlement."' Several interesting
points are to be noted in this short reference
to a guild. Besides the custom of designating"^;
a guild by the name of its headman, it distinctly
points to the mobility of the body, and more
importance is evidently attached to the unity

^ Fleet — Gupta Inscriptions, No. 16.
^ Ibid, p. 71.

66 CORPORATE LIFE

of the guild, than the place where it settles.
This is an evidence of the high state of guild-
organisation, for none but a fully organised hody
could thus shift from place to place and yet

[jretain its unity and public confidence.

By far the most interesting account of a
guild is that furnished by the Mandasor stone
inscription of Kumaragupta and Bandhuvarman.^

/it relates how a guild of silk-weavers, originally
settled at Lata, immigrated into the city of
Dasapur, attracted by the virtues of the king
of that place. Here many of them took to
different pursuits. Some learnt archery and
became good fighters, others adopted the
religious life, and discoursed on religious topics.
The prudent among them learnt astrology and
astronomy while a few gave up all worldly
concerns and took to an ascetic life. Various
other professions were also followed, while a
number of them adhered to the hereditary
profession of silk-weaving. Thus the guild '^

> Ibid, No. 18.

" In his introduction to the inscription Fleet remarks as follows
" It (the Inscription) narrates, in the first place, how a number of
silk-weavers immij^^rated from the Lnta Vishayn, or central and southern
GujarSt, into the city of Dasapura and how some of the band took up
other occupations while those who adhered to their original pursuit
constituted themselves into a separate and flourishing guild" (0. I. I.,
Ill, p. 80), The verse 19 however makes it quite clear, that the guild
included all the members described in verses 16-19. For, after
referring to them in detail in the above verses, the author concludes
** adhikam = abhivibhati irenir-evaih jrrakdraih" (verse 19), which
certainly signifies that the guild flourished through all these men.

CHAPTER I 07

flourished at Dasapura, and built in the year
436 A. D. a magnificent temple of the Sun out
of its accumulated riches. In course of time
the temple fell into disrepair, and was repaired
by the same guild in the year 472 A.D.

This highly interesting inscription couched
in verses that recall the best days of Sanskrit
Kavya Literature has preserved for us a vivid
account of one of the best specimens of the
ancient guilds that constituted such a remarkable
feature of ancient Indian society. It invalidates \y
the notion, too generally entertained, that guilds
were stereotyped close corporations of craftsmen,
busy alone Avith their own profession and little
susceptible to culture or progress. It portrays
before us the picture of a guild of silk-weavers,
proud of their own profession, and true to their
own organisation,^ but displaying within these
limits an activity and keenness for all-round

Fleet also translates the passages to the same effect : "(And so) the
guild shines gloriously all around, through those who are of this sort
and through others who, etc...." including thereby, within the guild,
men following different pursuits as described above. Now they were
all sillc-weavers when they were in Lata, and took to different pursuits
while at Mandasor. If then this motley body is still called the guild:
of silkweavers, it must follow that they constituted a guild while at
Lata and that the organisation continued although some of the members
gave up the hereditary pursuits in their new abode. That the whole
body of a guild could thus remove to another place has been proved
by the Indore copper-plate mentioned above.

^ Thus when the temple of the Sun is built, or is again repaired,
it is said to be done by the orders of the guild ; and Vatsabhatti
composes the insciiption at the command of the guild; c/. the
last verse,

/

68 CORPORATE LIFK

proj^ress that is really surprising:. There were
among them martial spirits, valorous in battle,
who *eyen to-day effect by force the des-
truction of their enemies ; Avhile there were
others, unassuming in their modesty and devoted
to discourses of religion, men who overcame the
attachment for worldly objects and were
characterised by piety and s^oodness, — very
gods in an eartlily habitation.' The science of
astrolosrv was cultivated by them while the finer
arts like poetry were not neglected, ?s is
abundantly evidenced by the brilliant poem
before us ; for it is only among men who have
the sense of appreciation for poetry, that such
literature can flourish. The guild in ancient

V India was thus not merely the means for the

t/

development of arts and crafts, but through the
autonomy and freedom accorded to it l)y the
law of the land, it became a centre of strength,
and an abode of liberal culture and progress,
which truly made it a power and ornament of
the society.

§ 10

Tlie existence of guild organisations during
the later period is attested by

laSrpeS^^ a numbcr of rccords. Of these

an inscription at the Vailla-

bhatta-svamin Temple at Gwalior^ is the most

' Ep. Ind., Vol. I, p. 159 ff.

CHAPTER I 69

important. As has already been mentioned, it
refers to the organisation of sreshthis and sartha-
vafias, etc., rill in u^ the citv of Gvvalior in the vear
^877 A. D., indicating thereby that the political*^
importance of these old institutions remained
undiminislied. The inscription, besides, records
endowments made with the guilds of oil-millers
and gardeners, and the way in which these are
described throw some light on their constitution.
Mention is made, by name, of four chiefs of the
oil-millers of Sri-sarvesvarapura, two chiefs of
the oil- millers of Srivatsa-swamipura, and four
chiefs of the oil-millers of two other places, and
we are told that these, together with the other
(members) of the whole guild of oil-millers
should giv^e one paUka of oil per oil-mill every
month. Similarly the other endowment was to
the effect that the seven chiefs, mentioned by
name, and the other (members) of the whole
guild of gardeners should giv^e fifty garlands
everv dav.

It appears from the above that the guild
organisation was still in full vigour and endow-
ments were made with them as of old. They
also illustrate the constitution of the guilds laid
down in Brihaspati-smriti,^ viz,, that there should
be two, three, or five executive officers in each
guild. For we have just seen that the oil-millers'
guilds had two or four, and the gardeners' guild,

^ See above, p. 52 ff.

70 CORPORATE LIFE

seven such members. The very fact that they
are individually mentioned by name shows the
importance of these officers, and this is quite in
keeping with what we have learnt from the
Brihaspati-smriti.

Another inscription/ of about the same period,
refers to an important guild of horse-dealers who
imposed a tithe upon all purchasers, — including
king and his provincial officers — of horses, mares
and other animals. The members of the sruild
came from various countries and the proceeds
of the tithe were naturally distributed among
various temples situated in localities so far
apart as Pehoa and Kanauj. In this case,
again, not only are the chiefs of the s^uild and
their headman mentioned by name, but the
native places of each individual are also given
in detail. A guild of horse-dealers from the
northern country is also referred to in the Harsha
Stone inscription dated 973-74 A.D.^ The
Siyadoni inscriptions^ of the latter half of the tenth
century A.D., also record the gift of the guilds
of betel-sellers, oil-makers, and stone-cutters, and
refer to an investment of 1,350 dranmtas with the
distillers of spirituous liquor. The guild of
vagiilika (hunters ?) is mentioned in the Karitalai
stone inscription * of Chedi Lakshmanaraja who
flourished about the middle of the tenth century

* Pehoa Inscription, Ep. lud., Vol. I, p. 184.
« Ep. Ind., Vol. II, p. 116 ff. » Ep. Ind., Vol. I, p. 167 ff.

* Ep. Ind., Vol. II, p. 174 ft.

CHAPTER I 7i

A.D., while the Deopara ^ inscription of Vijaya-
sena refers to tSllpi-goskthi, apparently meaning
a guild of stone-cutters, in Varendra or north
Bengal. It is thus quite clear that guild-
organisation continued down to the latest days *^
of the Hindu period.

§11

The permanent organisation of guilds repre-
sents the corporate activity in
o^^Tj^:y il the ancient economic life at its

the ancient economic ^^^^^ r^YlGYQ WCre also othcr

forms in which co-operative
spirit was displayed, and these require to be
noticed in some detail, in order to gain a com-
prehensive idea of the whole subject. Trade
carried on on joint stock principles, may be ^
mentioned first under this head. This form of
corporate activity seems to have been very
ancient and definite examples of it are furnished
by the Jataka stories. Thus we read in Chulla-
kasetthi-Jataka^ how a young man purchased
the contents of a ship, which had just touched

Lat the port, by the deposit of his ring. Shortly
afterwards 100 merchants from Benares came
for the same purpose, but having been told of
the previous transaction they paid him a thousand
coins each, and obtained a share of the merchan-
dise along with him. Later, they paid him

H COKPOKATE LIFE

another thousand each, and i^ot the whole
merchandise for themselves, the young man
having made altogether 200,000, over the tran-
saction.

Again in Kuta-A'anija-Jataka' we read of two
merchants who entered into
partnership and took five hun-
dred waggons of merchandise from Eenares to
the country districts. The Suhanu-Jataka - refers
to *the horse-dealers of the north' who apparently
carried on their husiness jointly. In the Intro-
duction to ' Kuta-Vanija-Jataka, No. 2 '^ we read
of two traders of Sravasti who joined in partner-
ship and loaded five hundred waggons full of
w^ares, jourijeying from east to west for trade.
The Baveru-Jataka * refers to merchants who
jointly carried on their trade, and sold strange
Indian birds, at fabulous price, in the kingdom
of Baveru. The Maha-Yjinija-Jataka ^ relates
the story of a number of merchants who
entered into a temporary partnership. Thus
we read : —

" Mercliants from many a kin<2^(lom came,

and all toi;"etlier met,
Chose Ihem a chief, and straight set out

a tivasuie for to iret." ^

^ .Tat., Vol. I, ]). 4(U.
- Jat., Vol. ir, p. 30. ^ Ibid, p. 181.

* .Tat., Vol. Ill, p. 12(i. '■ .Tat., Vol. IV. p. 3.j«>.

" English Trauslatioii of the Jatakas, Vol. IV, p. 222.

CHAPTER I 73

These incidental references in the Jatakas
unmistakably point towards the system of joint
transaction of business and shed a new light on
the corporate activities of the traders and mer- /
chants in ancient India.

Kautiiya has referred to this system in hi^
Arthasastra/ The ancient Dharmasastras - have
also laid down regular rules for ^'W^TO^g^T'i
Avhich is the Sanskrit technical term for it.
Xarada expounds the fundamental principles of
this system in the following verses.

^^^^^^^ sq^TCq^ m^^ II ?
q^^rf^t^mif^ ^ ^^ 3f^m^ i
^^T^ri: n%r^^if%i5^*irrcT: ii :^

' F. 185. - Nar. III. 1-9 j Biih. XIV, 1-32. V. 11-262 ff.

^ Nar., p. 133. Tlie verses are translated as follows iii S, B. E„ Vol.
XXXIII, p. 124.

(1) " Where traders or others carry on business jointly, it is. called
partnership, which is a title of law.

(2) '• Where several partners are jointly carrying on business for the
purpose of gain, the contribution of funds towards the common stock
of the association forms the basis (of their undertakings). Therefore
let each contribute his i*roper share.

10

74 COKPOKATE LIFE

The essence of the system thus consisted in
the transaction of business, for the purpose of
gain, jointly by a number of persons, each of
whom contributed towards the common fund
that served as the capital of the company. As
this individual contribution formed the real
basis of the whole system, Narada declares that
the ' loss, expenses, and profit of each partner
are proportioned to the amount contributed by
him towards the joint stock company.' Brihas-
pati also endorses this view but Kautilya and
Yajnavalkya lay down that the profit, etc., may
be either in proportion to the amount contribu-
ted by each or as originally agreed upon among
the partners. It thus appears that an agree-
ment was drawn up among partners, intending
to carry on business together, in which the
general principles upon Avhich the business
would be managed were clearly laid down. By
virtue of this agreement some of the partners,
probably on account of their greater skill and
special knowledge, might enjoy a greater share
of the profit, than was warranted by the amount
of money contributed by them.

(3) " The loss, expenses, and profit of each partner are either equal
to those of the other partners or exceed them or remain below them,
according as his share is equal to theirs, or greater or less.

(4) *' The stoi'es, the food, the charges (for tolls and the like), the
losis, the freight and the expense of keeping valuables must be duly
paid for by each of the several partners, in accordance with the terras
of their agreements."

CHAPTER I 75

It is interesting to note that these essential
principles of partnership were also fully under-
stood in the period represented by the Jataka
stories. Thus it is related in Kuta-Variija-Jataka
that two merchants called respectively 'Wise ' and
• Wisest ' entered into partnership and took five
hundred waggons of merchandise from Benares
to the country districts. There they disposed of
their wares, and returned with the proceeds to
the city. When the time for dividing came,
Wisest said, '' I must have a double share/'
" Why so ?" asked Wise, '* Because while yon
are only Wise, T am Wisest, and Wise ought to
have onlv one share to Wisest's two.'' " But
we botli had an equal interest in the stock-in-
trade and in tlie oxen and waggons. Why
should you have two shares?" "Because I am
Wisest." And so they talked away till they fell
to quarrelling. The rest of the story shows how
the "Wisest" tried to impose upon the other but
failed, and at last the two merchants made an
equal division of the profit.^ The story thus
clearly shows that while it was recognised as
a general principle, that profits should be pro-
portionate to the share one contributes to the
stock-in-trade, the idea of awarding special
share for greater skill in business was not
altogether unknown.

^ Jat., Vol. I, p. 404.

7C. CORPORATE LIFE

As the success ot* the joint-stock business
depended upon the individuals that formed the
comj)any, the Sniritis liavc laid down clear
injunctions for the selection of partners. Thus
Brihaspati lays down^ : —

'• Trade or other occupations should not be
carried on by prudent men jointly with in-
competf.nt or lazy persons, or with such as are
afflicted by an illness, ill-fated, or destitute.

*' A man should carry on business jointly
with persons of noble parentage, clever, active,
intelligent, familiar with coins, skilled in re-
venue and expenditure, honest, and enterpris-
ing."^

An idea of the corporate spirit with which
the business was carried on may be formed from
the following : —

'' Whatever property one partner may give
(or lend) authorised by many, or whatever con-
tract he may cause to be executed, all that is
(considered as having been) done by all.'"^

The relation of the individual to the corpo-
rate body was also clearly laid down : —

"When (a single partner acting) without the
assent (of the other partners) or against their
express instructions injures (their joint proper-
ty) through his negligence, he must by himself
give a compensation to all his partners.^

1 Ch. XIV. - S. B. K., Vol. XXXIIT, p. 330.

^ Ihid, p. 337. * Jhid, pp. 337-8; cf. Nar. Ill, 5; Y. Jl, 263,

CHAPTER I 77

" When any one among them is found out to
have practised deceit in a purchase or sale, he
must be cleared by oath (or ordeal).

'^ They are themselves pronounced to be
arbitrators and witnesses for one another in
doubtful cases, and when a fraudulent act has
been discovered, unless a (previous) feud should
exist between them/'^

Thus the individual was responsible to the
corporate body for his negligent acts and his
other partners sat in judgment over him or gave
evidence in the case. If a charge of fraud was
l)rought against any person, his reputation had
to be cleared by an ordeal or other tests ' and if
his guilt was established he should be paid his
capital and expelled from the company — his
profits being forfeited to it.'^ On the whole the
matter was decided by the corporate body itself,
and the guilty individual was not liable to the
jurisdiction of any outside authority for his
misdeeds. On the other hand his virtue was
also rewarded f)y the same corporate body, for
says Brihaspati : —

" That partner, on the other hand, who bv
his own efforts preserves (the common stock)
from a danger apprehended through fate or the
king, shall be allowed a tenth part of it (as a
reward).^

' Ibid, p. 337. = Brih., XIV. 7.

' Y. IT. 268. ♦ XIV. 10, also cf, Xar. ITT. fi ; Y. IF. 263.

78 CORPORATE LIFE

The corporate body also looked after the
interests of the individual even after his death.
According to the same authority,

" Should any such partner in trade happen
to die through want of proper care, his goods
must be shown (and delivered) to officers
appointed by the king." ^

It also appears from the comments of Chan-
desvara on the fourth verse of Narada quoted
above, that a partner, if necessary, could draw
from the common fund an amount regulated
by the share he paid.^

Tillage of the soil and various arts and
crafts, such as the manufacture of articles made
of gold, silver, thread, wood, stone or leather,
were also carried on by the workers on the same
principle of partnership. Unlike trade, how-
ever, the basis of partnership in these cases
consisted, not of the capital money contributed
by each, but of the skill and technical know-
ledge which each brought to the work. As this
naturally varied in different persons, the share
of profit which each enjoyed was also different.
Thus Brihaspati says : — ■'

" When gold-smiths or other (artists) [i, e.,
workers in silver, thread, wood, stone or leather]
practise their art jointly, they shall share the

' S. B. E., Vol. XXXIII, p. 338; also cf. Nar. Ill, 7: Y. II. 267.
= ^^K^9)l%5I?o2?IfT Wf^'ir^fl'SiT^T^W (V. Rtn., p. 112).
3 Chapter XIV, vv. 28 ff.

CHAPTER 1 79

profits in clue proportion, corresponding to the *^
nature of their work." ^ On the same principle,
" the headman among a number of workmen
jointly building a house or temple, or digging
a pool or making articles of leather, is entitled
to a double share (of the remuneration),"' and
among the musicians '* he who knows how to
beat the time shall take a share and a half, but
the singers shall take equal shares."^ The same
principles were also applied even among thieves
and free-booters when they came to divide their
sj)oil. "Four shares shall be aAvarded to their
chief ; he who is (specially) valiant shall receive
three shares ; one (particularly) able shall take
two ; and tlie remaining associates shall share
alike."^ On the other hand if any of them is
arrested, the money spent for his release is to
be shared by all alike.'

It is also worthy of note that priests carried
on sacrificial act and ceremonies on the same
^ principle of partnership.^ Thus it is ordained
that of the sixteen priests at a sacrifice, the first
group of four who were the chief officiators
would receive about the half, and the second,
third and fourth groups, respectively half, one-
third and one-fourth of that. The commentator

» S. B. E., Vol. XXXIII, p. 340.

2 Ibid, p. 341. ^ Ibid.

♦ Ibid. = Katyayaua, quoted in V. Rtu., p, 126.

« Y. II. 268, also Nar. III. S, 9 j Brih. XIV.15. .

80 COR PO HATE LIFE

explains that if, for example, the sacrihcial fee
consists of 100 cows, each of the first group
would receive 12 and each of the succeeding,'
groups, respectively 0, 1, and 3.'

There was another kind - of corporate activity
in the economic life in ancient India Avhich can
I , , ^G hest rendered by the term

'* Traders' Lcai^ue." As alreadv
noticed above, tliere was, no doubt, some sort
of corporate organisation among the traders,
during the early period, but both Mrs. Ehys
Davids ^ and Eichard Pick ^ who have studied
the economic conditions in ancient India deny
the existence of any such detinite and close
organisation which could make the word ' League '
applicable to it. These scholars, however, con-
fine their attention exclusively to the Jataka
stories, or at best only to the Buddhist Literature,
but the data furnished by these sources, inter-
preted in the light of other evidences, leave no
doubt on the point.

Several Jataka stories refer to the organisa-
tion of sea-going merchants. Thus the Vala-
hassa Jataka^ relates the story of five hundred

* Viram., p. 387.

2 I have already included 'Traders' in the list of guilds (p. 19). A
separate treatment is necessary not only because the guild of traders
is in many respects different from ordinary craft-guild, but specially
as its existence is denied by Mrs. Rhys Davids.

5 J. R. A. S., 1901 p. 869. * Fick, p. 178..

' Jat., U, p. 127.

CHAPTER I 81

merchants, with a chief at their head, who
chartered a vessel for trading in Ceylon. The
Pandara- Jataka ^ also refers to the chartering of
a vessel by ' live hundred trading folk,' We
also read in the Supparaka Jataka ^ how 700 ^
merchants got ready a ship and engaged a
skipper, and the treasure that was gained
in course of the voyage Avas divided amongst
them.

Other Jataka stories refer to the concerted
commercial action of traders on land. The
Jarudapana Jataka^ (both the story itself as well
as the Introductory episode pachchuppanna-
vatthu) refer to a large caravan consisting of a
number of traders of Sravasti (and Benares)
who set ofE togetlier under a chief (jetthaka),
with cart-loads of wares. The traders, referred
to in the Introductory episode, came back
together Avith their treasure trove, and went in
a body to pay respects to the Buddha, as they
had done on the eve of their journey. The
Guttila Jataka^ refers to certain traders of
Benares who made a journey to Ujjeni for
trade. That this Avas a concerted action on
their part, appears quite clearly from the fact,

I that they lodged in the same place and enjoyed
themselves toojether.

Jat , Vol. V, p. 75. - .Tat., Vol. IV, p. 136.

The number is not definitely stated bnt we are told that there
were 700 souls on board the ship, evidently including the sailors.
Jat. Vol. II, p. 294. = Ibid, p. 248.

11

8^2 CORPORATE LIFE

Tlie above instances clearly prove that the
traders undertook commercial activities in an
organised body. There are other considerations
which seem to show that the organisation was
sometimes a permanent one.

The term setthi which occurs frequently in

the Buddhist Literature should be taken to mean

the representative of the communities of traders.

'I bus in Chullavagga VI. 4. 1. we are told that

'Anatha-Pindika was the husband of the sister of

the R/ajagaha setthi} Evidently here the term

Rajagaha Setthi was intended to convey the

sense oL' a distinguished particular individual ;

it could not mean a merchant in general. Again

in Mahavagga VIII. 1-lG ff.- reference is made

to the illness of the 'setthi at Rajagalia.'

When the physicians declared that he would

die in course of a week, one of the merchants

thought of the (jood services done by Mm ** both

to the king and to the merchants}''^ {"^^^^fC^fy

^^¥^ ^ ij^rn^^ ^) and approached King Bimbi-

sara for asking his physician to cure the setthi.

The prayer was granted and the setthi was

cured by the royal physician. The latter asked

for, and obtained, as his fee, two hundred

thousand Kahapanas, to be divided equally

between himself and his royal master. This

incident illustrates the wealth and status of

« ».

> S. B. E , XX., p. 179. " S. B. E., XVIT, p. 181 ff.

2 Vinnya Pitaka Vol, T, p. 273. In S. B. E., Vol. XVIT, p. 181,
nigamn has been translated by ' merchants' p:nild,' but gee above, p. 44.

CHAPTER I 83

the ^ set till, ^ and seems to show that he was the
representative of the merchant class in the royal
court. This view is supported by the fact, that
SreshUiiu. the Sanskrit equivalent for setthi, ^
is alw ays used in later literature, to denote the
headman of a ij^uild. Eick takes the term as
denoting a royal officer, though he does not deny
the fact that he represented the mercantile com-
munity in the royal court. The translators of
the Jatakas also have taken the same view and
have rendered it bv 'treasurer.' The main i?round
for this view seems to be that the Jataka stories
frequently refer the set this as waiting upon the
king.^ This is however readily explained, and the
real nature of the settkis clearly demonstrated,
by the passage in Gautama, quoted above, clz, : —

"Cultivators, traders.., (\isi\e authority to lay
down rules) for their respective classes. Having
learned the (state of j affaiis from those who
(in each class) liave authority (to speak he shall
give) the legal decision."' (Ga, XT. 21-22.)

We have already referred to the instances of
organised activities of the traders, and the
above injunctions of Gautama clearly demon-
strate that the organisation of the traders Avas
recognised bv tiie law of the land. Tliev had
tiieir own representatives whom the king was
])ound to consult before giving decision. This

> Jut. ], 2(39, ?AU : in. IH), 299, 475 : IV. m.
- Ga. XI. 21.22 ; S. B. K., Vol. XI, p. 237.

84 CORPORATE, LIFE

readily explains why the scfJhis, whom we look
upon as these representatives, had to frequently
wait upon the kin<^.

Apart from the question of the real nature
of the set f his ^ the instances quoted above from
the Jataka stories, read in the light of the
injunctions of Gautama, hardly leave any doubt
about the permanent organisation of the traders.

deferring to " the trade of the trader, dealer,
or middleman," Mrs. Rhvs Davids remarks : —
*'There is no instance as yet forthcoming pointing*
to any corporate organisation of the nature of a
guild or Hansa league."^ She no doubt cites
some instances from the Jjitakas, but apparently
regard them as mere temporary union and
remarks, in one instance, as foUoAVS : " Nor is
there any hint of Syndicate or federation or
other agreement existing between the 500
dealers."^ She does not, however, attach due
importance to the fact, that in a legal code of
ancient India, belonging almost to the same
period as that represented by the Jatakas, the
organisation of traders is distinctly referred to
as having the authority to lay down rules for
themselves, and occupying, as such, a definite
place in the constitution of the state. In my
opinion, it is impossible, in view of the proxi-
mity of the periods represented by the Gautama

^ J. R. A. S., 1901, pp. 868-869.
« Ibid.

CHAPTER 1

Dharma sutra and the Jataka stories, not to look
upon tlie ins fiances quoted from the latter, as
illustrations of the corporate activities of that
permanent org'anisation of traders which is con-
templated in the former.

The corporate organisations of traders had a
rapid growth and in course of two centuries they
displayed activities which have a surprisingly
modern appearance. Thus Kautilya, in his
Arthasastra, refers " to traders Avho unite in
causing rise and fall in the value of articles and
live by making profits cent per cent."^ This
activity seems to be very much like the "corner"
or '*trust " system which is onlv too well known
at the present day.

Guilds in South liidiii.

§12 ^

A large number of inscriptions refers to
corporate activities among traders and artisans
of South India doAvn to a very
late period. The Lakshmesh-
war inscription'- of prince Vikramaditya, dated
about 725 A.D., refers to the guild of braziers,
and in the consiitution drawn up therein for the
town of Porio'ere it is distinctlv laid down that
the taxes of all classes of people ' shall be paid
into the sruild there in the month of Karttika.'

t«nwt^f% ; (^^im^ p. 331).
■-' Ep. lud., Vol. XIV, p. 188 ff.

86 CORPORATE LIFE

It is clear that the ^iiild served here as the local
bank and treasury. Another inscription at the
same place,' dated about 793 A.D., refers to a
guild of weavers and its head. The Mulgund
inscription - of Krishna II, dated 902-3 A.D.,
refers to a grant made by four headmen of
guilds of three hundred and sixty cities. This
is an interesting and important testimony of the
highly developed character of the organisation
and the Avide area over which it was extended.

JWe learn from a Tamil inscription of Tribhu-
vana-Chakravartiri Eajadhira jadeva^ that the oil-
mongers of Kanchi and its suburbs and those of
the 24 nagaras, met in a temple at Kanchi and
decided that the oil-mongers at Tirukkachchur
should make provision for offerings and lamps in
a temple at that village. This decision they
agreed to observe as aijati'dharma. An inscrip
tion of the time of Vikramaditya VI, ^ dated

VlllO A,D., refers to the joint gifts of a number
of guilds. We are told that '' the 120 (menibers
of the) guilds, being (convened), made gifts to
the ojod Kammatesvara of Ehiir : the stone-
cutters' guild assigned one quarter of a gold
piece ; the braziers' guild, as much lime for draw-
ing sacred figures (as was necessary); the
carpenters, blacksmiths, the goldsmiths, the
hercittumbar, (?), and others, an ad a for each

1 Ep. lud., Vol. VI, p. 166. '' Ep. Ind., Vol. XIII, p. 193.

3 G. Ep. R., 1910, p. 94, par. 28. " Ep. Ind., Vol. XII, p. 333.

CHAPTER I 87

residence. There are, besides, frequent refer-
ences to the guilds of oilmen, weavers, artisans
and potters, etc., in inseriptious of the 12th and »/
B 13th century A.D/

^m Similarly the merchants of southern India

^K were also distinguished for their corporate
^^■L organisations. The Belgaum

^^^ Mercantile Corpora- inscription of 1204 A.D.^ rcfcrS

^H tions in South India. ^

H[ to a number of mercantile

» corporations and guilds, and the Nidagundi in-
scription*^ of Vikramaditya VI and Tailapa II, to
an organisation of 505 merchants making various
grants, in kind, for religious purposes. An
inscription of the tenth year of Jatavarman
Vira Pandya^ refers to an assembly of merchants
from 18 sub-divisions of 79 districts meeting
together in a conference in w^hich they decide
to set apart the income derived from merchan-
dise for repairs to a temple, e.g., ^ panam on
each bundle of female cloths, each podi of
pepper, arecanuts, and on each gold piece, and
the like. Again, an inscription from Yewur,^'
dated 1077 A.D., records that a sum of money
was deposited with the collective body of mer-
chants of fiivapura, at the interest of 25 p.c, out
of which thev were to maintain a fire offering.

' Ep. Ind., Vol. V, p. 2.3 ; ' G. Ep. R., 1907, p. 50, No. 524; fl. Ep. R.,
I 913, p. 21, No. 136.

2 Ep. Ind., Vol. XIII, p. 18. ^ jfcj^^ p. |2.

* G. Ep. R., 1915, p. 101. = Ep. Tnd„ Vol. XTI, p. 273.

88 CORPORATE LIFE

Another inscription^ makes similar provision for
feeding a Brahmana out of the interest of money
deposited Avith merchants.

A union of traders is specifically referred to
in an inscription,- in a temple at Tirumurugan-
pundi, of the time or Vikrama Chola. The orga-
nisation extended almost throughout southern
India and consisted of five hundred memhers.
According to an inscription " of the time of the
W. Chalukya King »Tagadekamalla II, dated
1178 A.D., southern Ayyavole or modern Aihole
was the residence of five hundred merchants.
This corporate mercantile body is frequently
referred to in south Indian epigraphs. Thus we
learn from a Kanarese inscription^ that the five
hundred scamls of Ayyavole, the nanaclesis, the
sell his, etc., having assembled, granted a tax for
the worship of the god Ahava-mallesvara.
Again, the Managclli inscription^ of A.D. 1161
refers to the five hundred smmis of the famous
(town of) Ayyavole '' who were preservers of the
strict Bananja religion."

This phrase which has been met with in

several other inscriptions points
The Bananja com- q^^ |^q ^^ Avidesprcad orsjanisa-

tion of merchants, variously
termed as Ya]anjiyam, Valanjiyar, Balanji,

a Ep. R., 1913, p. 21, No. 141. - G. Ep. R., 1916, p. 121.
G. Ep. 11., 1915, p. 48, No. 478. * G. Ep. R., 1919, p. 18, No. 21G.
■■' Ep. lud.. Vol. V, p. 9.

CHAPTER I 89

Bananji, etc. This corporation consisting of
various classes of merchants apparently had
their organisation from very early times and
spread tlieir influence over allied communities
in distant parts of India, xin inscription,^ which
by its palcBograpliy has to be referred to the
time of Rajendra Chola I, gives a short eulogy
of this guild of merchants and states " that these
were praised by 500 clrasasanas {i.e., edicts?)
glorifying their deeds, were virtuous protectors
of the Vira-Valanjika (or Valanjiya) religion,
that they were born of Vasudeva, Kandali and
Virabhadra, were the devotees of Bhattaraki
{i.e., the goddess Durga ?) and consisted of
various subdivisions coming from the 1,000
(districts) of the four quarters, the 18 towns,
the 32 zelarpurain and the 64 ghatikasthana,
viz., selils, settlputras (setttppillal ?), kavares
.^midalis, bhadrakas, gavimda-sodnmis, singam,
slrupuU, oalattakai {i.e., valangai) variyan and
others. These ud/iadesib' met tegether at
Mayilarpu {i.e., Mylapore) and decided to
convert Kattur which was originally Ayyupulal
into a Vlrapattiaa and thus exempted its
inhabitants of all communal contributions
entitling them to receive twice what they
used to get till then (in the matter of
honorary privileges ?). They resolved, also, that
hencefor\N ard tho town was not to be inhabited

1 Ep. Ind., Vol. IV, p. 296, f. n. 2.

12

90 COllPORATE LIFE

by such members of the mercantile chisses (1)
as demaii(kj(l taxes or tolls by threateniiii^ people
with drawn swords or by capturing them (?) and
(2) as wantonly deprived people of their food
or otherwise afflicted them. They also declared
that those who offended against this decision
were placed outside the Valanjiya-community
{i,e,, were excommunicated). The general name
nmiadem applied to merchants in these records,
by itself indicates that they had dealings with
various countries. A record from Baligami in
the Mysore State also supj)lies a Aery long
eulogy of these merchants, and states, in addition
to what has been already supplied by the Kattur
epigraph, that they were brave men (mras) born
to wander over many countries ever since the
beginning of the krita age, penetrating regions
of the six continents bv land and water routes
and dealing in various articles such as horses,
elephants, precious stones, perfumes and drugs,
either wholesale or in retail.^ This boast of the
mercantile community is justified by the exist-
ence of stone records even in Ceylon and Burma
which refer to their communal gifts in those
countries. The Vaishnava temple at Pagan in
Tipper Burma was built by the merchants
(nanadesi) of that town.^ The Basinikonda record
states that the community consisted of nadu,

' Ep. Carn., Vol.. VII, S. 118.
» Ep. lud., Vol. Vir, p. 197.

CHAPTER I 91

nagara and nanadesi and that the special congre-
gation, which had met at Siravalli, consisted of
1,500 representatives of all smnayas (religious
denominations) coming from the four and eight
quarters and also of their followers who com-
prised Uri-mras, Jknnai'Vlras, Ilanjihgavlras^
Koiigavalas and a host of other sects of various
tenets, the valaiigai weavers, etc. The object
of the conference was to declare Siravalji a Nana-
desiya'Dasamadi'Erivlrapaitana and to confer
some privileges on the residents of that town,
perhaps, similar to those that were registered in
the Kattur inscription.^

Two inscriptions throw interesting sidelight
on the communal spirit of the above merchants.
By one of them'^ the merchants of the eighteen
samayas of all countries (residing) in Nandyala
sthala grant the privilege to trade in certain
articles, without paying duty, to a certain
Puliyama-Setti for having killed Karapakala
Kati- Nay aka who had become a traitor to the
samayas. The other '^ records a grant similar to
the above by the same body of merchants to a
certain Attena for having killed two toll-
accountants.

' The whole of this paragi'aph, with the exception of the first
sentence is taken from G. Ep. R., 1913, pp. 99-100, para. 25, with
slight additions and alterations.

'^ G. Ep. U., 1919, p. 5, No. 10.

' Ihid, No. 11.

92 CORPORATE LIFE

Of one of the components of this merchant
corporation, inz., tlie Valaiigai,

The Valafigai jukI i , m i

the idafigai com muni- we possess somc ^hat detailed
information from contempoiary
records. An inscription from Trichinopoly^
district refers to an agreement, among them-
selves, by the Valangai 98 classes and tlie
Idangai 98 classes, apparently to make a united
stand against the oppression they were suffering
at the hands of the Yanniya tenants and the
Brahmanas and the Veljala landlords m ho were
backed up by Government officials.

The phrase Valangai 98 classes and Idangai
98 classes shows that each of these communities
was a corporation of minor sects. This is corro-
borated, and the formation of larger corporate
group clearly explained, by an earlier record
from Uttattur which gives the following interest-
ing account.'

'' We, the members of the 98 sub-sects enter
into a compact, in the 10th year of the king,
that we shall hereafter behave like the sons of
the same parents, and what good or evil may
befall any one of us, will be shared by all. If
anything derogatory happens to the Idangai
class, we will jointly assert our rights till we
establish them. It is also understood that onlv
those who, during their congregational meetings
to settle communal disputes, display the birtidas

» G. Ep. B., 1913, p. 73, No. 34; also cf. p. 109. = Hid, p. 109.

CHAPTER I 93

of horn, bugle and parasol shall belong to our
class. Those who have to recognise us no\v and
hereafter, in public, must do so from our dis-
tiuo^uishinor symbols — the feather of the crane
and the loose-hanging hair (?). The horn and
the ccnchshell shall also be sounded in front of
us and the bugle blown according to the
fashion obtaining among the Idongai people.
Those Avho act in contravention to these rules
shall be treated as the enemies of our class. Those
who behave differently from the rules (thus)
prescribed for the conduct of Idaiigai classes
shall be excommunicated and shall not be
recognised as SriUimans. They will be considered
slaves of the classes who are opposed to us."

It may be held that the corporation called the
^ Valaiigai 98 classes ' also originated in a similar
way. Several records ^ refer to the activity of the
united corporation of Valangai 98 classes and
the Idangai 98 classes, but the one from Vriddha-
chalam in the South Arcot district, although of
a late date (1429 A.D.), is the most important.
It "is not in a good state of preservation, but
from what remains of it, it is ascertained that
the members of the Valangai and Idangai sects
met together in the courtyard of the local temple
and came to the decision ' that since the officers
of the king and the owners of jivitas oppressed
and the kaniya]an and the Brahmanas

^^— ^ G. Ep. R., Nos. 59, 361, 362, of 1914.

94 CORPORATE LIFE

took the raja-karam (i.e.^ taxes), none of the
Valahgai and Idangai people slioulcl give them
shelter and that (none of the people of the two
sects) born in the country should write accounts
for them or agree to their proposals. If any
one proved traitor to the country (by acting
against this settlement), he should be stabbed.'^
Though the inscription is impertect it is clear
that there was oppression on the part of the
officers levying and realizing tax and that the
two sects of Valangai and Idangai, on whom it
weighed heavily, formed themselves into a
constitutional body to resist the exactions, vowing
even to the extent of putting to death those
who became renegades. Another record, dated
in the same year, but found in a different place,
i.e., Korukkai in the Tanjore district, confirms
the statements already made. It says that the
ninety-eight sub-sects of the Valangai and the*
ninety-eight sub-sects of the Idangai joined

together and " because they did not tax

us according to the yield of the crop but levied

the tM xes unjustly Ave were about to

run away. Then we realized that because we
of the whole country were not united in a body,

we were unjustly (dealt with) Hereafter

we shall but pay what is just and in accordance
with the yield of the crops and we shall not pay
anything levied unlawfully."^

' G. Ep. II., 1918, p. 163. 2 2ttd.

CIIAPTEK 1

I

Aniuvannam and
Manigramain,t\vo semi-
independent trading
corporations.

account given abov^e of tlie Valani^ai
corporation, itself a component irdvi of a largtu*
mercantile guild, is specially interesting-, inas-
much as it clearly emphasises the corporate
spirit by Avhich these institutions were inspired,
and vividly illustrates the process by which
large mercantile corporations were formed by
the conglomeration of very minor groups.

Three copper-plate grants found at Kottayam
and Cochin, and the old Malaya]am work
Payyanur Fattola, which Dr.
Gundert considered ' the oldest
specimen of Malayalam com-
position/ refer to Anjuvannam
and Manigramam. The context in which the
two names occur in the Malayalam work implies
that they were trading institutions. In the
Kottayam plates of Sthanu Ravi they are
frequently mentioned and appointed, along
with the Six-Hundred, to be " the protectors "
of the grant. They were " to preserve the
proceeds of the customs duty as they were
collected day by day " and '' to receive the
landlord's portion of the rent on land." "If any
injustice be done to them, they may withhold
the customs and the tax on balances, and remedy
themselves the injury done to them. Should
they themselves commit a crime, they are
themselves to have the investigation of it." To
xinjuvannam and Manigramam was granted the

96 COllFOKATE LIFE

freehold of the lands of the town. From those
extracts and from the reference in the Vayyamir
l?<(ttMa it appears that Anjuvannam and Mani-
gramam were semi-indeyjendcnt trading corpora-
tions like the Valanjiyar, noticed above. The
epithet ^^^^i (merchant) given to Ravikkorran, the
trade rights granted to him, and the sources of
revenue thrown open to him as head of Mani-
gramam, such as we tind in the Kottayam plate
of Vira-Raghavci, confirm the view^ that the
/latter was a trading corporation.^

The dates of these copper-plates have not
been finally determined. Some scholars place
them in the eighth century A.D., while others
bring them down to so late a period as the
fourteenth century A.D.- But as Mr. Venkayya
justly points out, it is a mistake to suppose that
these plates created the institutions. There Ccin
be scarcely any doubt that Anjuvannam and
Manigramam must have existed as institutions
even before the earliest of the three copper-
plates was issued.
»/ It is thus obvious that down to the latest

days of the Hindu period, trading corporations
with a highly developed organisation were dis-
tinctive features of south India.

^ The above account of tiie Afijuvannatn and Manigramam is taken
from Mr. Venkayya's aiticlc " Kottayam Plato of VTra Raghava" in Ep.
Ind., Vol. IV, p. 290

2 Cj. Ep. Ind., Vol. IV, p. 293 ; Ep. lud., Vol. VJ, p. 83. The later
date seems to be more likely than the former.

CHAPTER II
Coiii'ORATE Activities in Political Life

§ 1

Tlie corporate activities of people in political
life vary according to the form of government
under which they live. In a kingdom they
would he directed towards controlling and
assisting the sovereic^n in the discharire of his
duties, Avhile in a non-monarchical state, they
Avould he called forth for performing all those
tasks that arc necessary for the administration
of a state. Accordingly the suhject may be
divided into two parts, dealing respectively
with the kingdoms and the non-monarchical
states.

The form of activity which requires to he
mentioned first and was un-

Eicction of king.

douotedlv the most interestinsj
to the people themselves, is the election of the
king. Almost all scholars Mgrce that the system
of electing the king Avas not unknown to the
people of the Yedic period. Thus Zimmer says \/
that there is definite evidence that in some
states kings were elected by the people.^ This

' " Wir haben sichere Zeugnisse, dass audi ^Vahlraonarchien bestan-
<len, in deneu die Kouigo von den Gaucn guwahlt wurden (A.L., p.
162).

13

08 CORPORATE LllE

view is supported by Wjb?bei' Vjaiid Eloom field ^
but opposed by Gcldner"- who argues that kings
were aceepted by subjeets, uol elioseu by them.
Macdonell* thinks that the view of Geldner is
more probable, but he admits that the hitter's
argument does not exclude the hypothesis that
" monarchy was sometimes elective."

The passages in support of the view that
kings Avere elected, may be cited not only to
demonstrate the force of argument employed by
Zimmer and others, but also to give some idea
of the keen competition which sometimes charac-
terised this election campaign,

I. *'Like subjects choosing a king, they,
smitten with fear, fled from

Kefcrence in Vcdiu

texts. Yritra." ^

The two foUowdng passages from Atharva
Yeda^ used in Kausitaki^ in a ceremony for the

^ Thus Weber comments on i^\. V. 111. 3-4 (quoted below) " Es
handelt sich hier um eiiien Wahlfursten der durch bcstimnr.te hoch-
gcstelltc Fersonlichkeiten gewahlt wuide. Ein Solcher lag dann mit
seinen Wablern, reep. mit den ihm durcli diese iiberwiescnen Unter-
thanen oft genug in Zwist. (Ind. Stud., Vol XVII, p. 189.)

- Hymrs of Atharva Veda, p. 330.

• Commenting ui»on Kigveda X. 124, Geldner remarks ; ' Viso na
lajanam vrinanah ' ist kaum auf die Wahl des Konigs " durch die Gaue "
zu beziehen (Altindischen Leben, p. 162). Mit Av. 3, 4, 2, ' tvam viso
vrinatam rajyaya' ist za vergleichen 'vibas tva s'lrvii vanchhantu R.V. 10,
173, 1. Vri ist hiernach wesentlich-Viinchh, Say. Sanibhajantam, ayam
ev-asmakan*i rajiistu-i'i kamajantu " (Vedische Studien II, 303) .

t V. I., II, p. 211.

^ llv. X. 124, 8, " Ti Ini viso na rajanaiii vrinana " which Zimmer
translates as " Wie die Gauc sich den Konig kiiren" (A.L., p. 162).

« A. V. 111. 3, 4. ' Kaus. 16, 30.

CHAPTER II 99

restoration of a king to his former kingdom point
immistakablj towards the system of election.

II. " For the Avaters let king Varuna call
thee ; let Soma call thee for the mountains ; let
Indra call thee for these subjects (vis) ; becoming
a falcon, fly unto these subjects. (3)

" Let the falcon lead hither from far (para)
the one- to be called, living exiled in others'
territory {kshetra) ; let the (two) Asvins make
the road for thee easy to gO; settle together
about this man, ye his fellows. (I)

" Let thine opponents call thee ; thy friends
have chosen (thee) against them ( ? prati ) ;
Indra-and-Agni, all the gods, have maintained
for thee security {kshema) in the people {vis), (5)

*' Whatever felloAV disputes thy call, and
whatever outsider — makinghim go away (apanch),
O Indra, then do thou reinstate {avagamaya) this
man here. ^ (G)

III. " Unto thee hath come the kingdom ;
step forward with majesty as lord of the people,
sole ruler (1)

" Thee let the people choose unto kingship. (2)
" Hither hasten forth from the furthest dis-
tance (5)

'•' O Indra, Indra, come thou to the tribes of
men, for thou hast agreed, concordant with the

* W. A. v., p. 88. liloomfielfl translates Ihe last stanza as follows :
"The kinsmati or the stranger that opposes thy call, him, O Indra,
drive away; then render this (kinf;) accepted here. (TTymnsoftho
Atharva Veda p. 112.)

100 CORPORATE LIFE

Yarunas. He here hath called thee from his
station (thinking) ho should sacrifice to the Gods
and make the people suhmissive. (G)

" The Goddesses of welfare who assume various
forms and are present in all places, all as-
semhling have made thy path clear. Let all
in concord call thee ^ (7)

lY. [The following passage of Atharvaveda,-
used by Kausitakl^ for the restoration of a king,
also refers to the election of a kinsr from amons:

' The ti-anslatiou of this passage offers great difficulties. ] Lave
consulted the translations given by Blooni field, Whitney and Zimwiei-,
and adopted the last, of -a Inch the portions quoted above run as follows
(A.L., p. 164).

"An dieh ist die Herrschaft gelangt mit Ilerrlichkeit, tiitt hervor
als Herr der Gaue, unumschravikter konig. (1)

** Dieh solleu die Gaue [visah] erwahlen znni Koiiigthuni. (2)

'' Eile herbei aus entferntester Feme,

"O Indra Tndra geh xn den menschlichen Gauen, du wurdest
erfunden nut den Varnna [Varunaih] ubereinstimmend ; er da (Agni :>)
rief dich auf seinem Sitz, er soil den Gottern opfern, er soli die Gaue
ffigsatn machen. (G)

" Die Gottinnen der Wohlfahrt, die aller Orten und verschiedenges-
taltig sind, alle kanien zusaranien und schufen dir freie Balin ; sie alle
Sollen eintrilchtig dich rufen." (7)

The scholars differ a great deal in the interpretation of stanza 6.
The first sentence is tianslated by Whitney as ''Like a human Indra
go thou away." In the next the word ' varnvenn ' has been differently
explained. Zinimer as we have seen takes it in the sen?e of 'Gods.'
Weber suggests that it is equal to ' varaiia,' elector [Indische Studien,
XVII, 190], while Whitney takes it in the sense of ' lorna caste.'
Whitney himself adn)its that his emendation is a desperate and purely
tentative one. Weber's meaning seems to be the most appropnato
here, as the election of the king by the people is clearly referred to in
Stanza 2.

- A. V. 1. 9. -' 16, 27.

CHAPTER: II ;^ \ ;;:v^;:^ ;^??V^

several candidates (belonging to tlie same family
according to Zimmer.^)]

"At his direction (pradis) O Gods, be there
light, sun, tire or also gold ; be his rivals {sapatna)
inferior to him (2)

"With what highest ATorship (Z>ra//wz«?i), O
Jatavedas thou didst bring together draught
{paijas) for Indra, therewith, O Agni, do thou
increase this man here ; set him in supremacy
{smisJiflnja) over his felloAvs {sajafa). (3)

" ...O Agni, be his rivals inferior to
him..." (4).'^^

V. [The following passage of Atharva Yeda,^_ V
used by Kausitaki ^ in a rite for victory in
battle and again ^ in the ceremony of consecra-
tion of a king, also refers to the elective system.]

" Increase, 0 India, this Kshattriya for me ;
make thou this man sole chief of the clans {vis);
unman {mls-aksh) all his enemies ; make them
subject to him in the contests for pre-
eminence." (1)

" Portion thou this man in village, in horses,
in kine ; unportion that man who is his
enemy... (2)

"In him, O Indra, put great splendours;
destitute of splendour make thou his foe." (3)

" I join to thee Indra Avho gives superiority
( ? tdtarvanf)^ by Avhom men conquer, are not

' Op. cif, p. 163. - From W. A. V , pp. 9-10. ^ IV. 22.

' 14,24 ^ 17.28.

Xm. ...^ ......CORPORATE LIFE

.*-•■' .'"■.'"'".. ^'' ^.'^.''.'

conquered ; who shall make thee sole chief of
people (jana), also uppermost of kings descended
from Manii. (o)

" Superior (art) thou, inferior thy rivals,
whosoever, O king, are thine opposing foes ; sole
chief, having Indra as companion, having con-
quered, bring thou in the enjoyments {hhojana)
of them that play the foe." (6)^

' King-makers ' are referred to in the
following passages.

VL *' The metres act as attendants about
him (Soma) ; even as the non-royal king-makers,
the heralds {sTifa) and headmen {gramam),
(attend upon) the king, so do the metres act as
attendants about him (Soma)."-

VII. "Even as the non-royal king-makers,
the heralds and headmen, are to the king, so
those i)aryang(is (animals encircling the main
animal) are to the horse. ""^

VIII. "They that are kings, king-makers,
that are charioteers and troopleaders (^w^i:)*
subjects to me do thou O parna make all people
round about. "^ (This verse occurs in a passage
in xltharvaveda which is used bv Kausitaki^ to

» W.A.V , pp. 188-9.

"- S. P. Rr. III. 4, 1, 7 ; S. B. E., Vol. XXVI, p, 87.
3 S. P. Br. XIII., 2, 2, 18 ; S. B. E., Vol. XLIV, p. .W3.
* This should rather he taken ns 'Headmen ' on the analogy of the
passages in S. P. Br. quoted above.
= A.V, III. 5.7. W. A. v., p. 92.
« 19, 22.

CHAPTER II 103

accompciiiy the binding on of an amulet for
general prosperity, including, as is apparent
from the context, the success of a king.)

I have collected together all the important
passages bearing upon the question. I am not
a Vedic scholar and cannot vouch for the correct-
ness of the interpretation of the Vedic passages
given above. But if the translations in the main
are correct — and their correctness has not yet
been challenged — there can be scarcely any
doubt that kings Avere sometimes really elected
by the people. Apart from the general tenor
of all the passages quoted above, election of
king is specifically referred to in passages I and
III, the rival candidates for election in II, IV
and V, and the electors, in passages VI, VII
and VIII. Prayers and ceremonies are freely
resorted to for success in the competition and
the God Indra is solemnly invoked to hurl down
destruction upon the rivals. The use of the
theme by way of a simile, as in passage I, seems
to show that the election of a king was not a
rare occurrence, but fairly well known to the
public at large. The keenness with which the
competition Avas sometimes carried, is vouched
for by the belief in the efficacy of charms to
bring round the voters to one's side (VIII),
and the repeated and almost pathetic prayers
to God that one's rivals may be inferior to
him (IV, V).

/

101 CORPORATE LIFR

The view of Geldncr that the above passages
refer to the acceptance, and not selection, of the
king by the people, can hardly explain the
"contests for pre-eminence" (passage V) and
the keen sensitiveness about the sucpess over
rivals that is breathed throughout in the above
passages. It must also be remembered that the
-) Jacceptance of a king by a people, has generally
' |been, as in the case of Rome, the residuum of
the power once enjoyed by the people of elect-
ing their ruler, and that it is difficult to explain
the origin of the custom in any other way.
/ Even Geldner's view therefore naturally pre-
supposes the system of election in ancient
India, a fact to which, according to other
scholars, distinct reference is made in the
passages quoted above.'

Of the classes of Electors, the Satapatha
Brahmana and Atharva A^eda, as we have seen,

' A piissage iu Aitarc3-a Rnlhrnana (VI 11. 2-7) may be looked upon
as a direct proof of the election of kings. We are told iu connection
with the coronation ceremony, »jfVf^ jj I^f^fIH«T M^^^^\^'%^^ ^

This passage, according to Mr, K. P. Jayaswal, indicates that different
mantras were to bo pronounced according as the coronation was to
take place for the life-time of the king-elect, or for two or three
generations (Modern Review, 1913, II, p. 80). Hang, however, ex-
plains the passage differently : " If the priest who sprinkles the king
wishes him alone to enjoy good health (Lit. that he may eat food) he
shall pronounce (when sprinkling) the sacred Avord hhur." But why
the symbolical " taking of food " should be taken with reference to
health and not the coronation ceremony, which is the immediate object
in view, it is difficult to understand. On the whole 1 am inclined to
accept Mr. K. V. Jayaswal's interpretation.

CHAPTER II

\m

^^ I agree in mentioning only two, the charioteers
and the village chief, and these two may very
Avell be looked upon as fairly representing the
military and civil sections respectively of the
people at large. We read in Mahavagga^ that
Bimbisara had the sovereignty of 80,000 villages,
and called an assembly of their 80,000 chiefs
(gamika). Apart from the legendary number,
the assembly consisting of a representative from
each village within the kingdom may thus be
the reminiscence of an older institution, faint
traces of which are still to be found in the
Vedic literature. This popular election of kings
in Yedic period readily explains the signi-
ficance of the following passage in Satapatha
Brahmana : —

"Thou (the king and Indra) art Brahman !
Thou art Indra, mighty through the people
(or he whose strength is the people, i.e., the
MarutK in the case of Indra, and the subjects or
^^ peasantry in that of the king)."-
^^p It further explains the importance of the

W assurance, held out to a ncAvly elected king,

■ that " Indra and Agni — all the gods, have

■ maintained for thee security in the people."^
V It is also to be noticed in this connection that

■ reference is frequently made to the people and
I not to the country. Thus prayers are offered

■

V. i.

14

' S. B. E., Vol. XLI, p. 109.
See passage II, quoted above.

106 CORPORATE LIFE

that the king may he the "people, lord of
people," ''sole chief of the clan (vis)," "sole
chief of people" (jana), and that "of lion aspect
he might devour all the (hostile) clans.'' ^ In
Rigveda^ we are told that the mighty Agni
" having coerced the people by his strength, has
made them the tributaries of Nabusha."^ In
Satapatha Brahmana the expelled king Dushta-
ritu Pauriisayana was promised the dominion
over the Srinjayasy^ In Atharva-veda Agni
is said to have entered (pravis) into clans after
clans {visY and the king is referred to as "this
king of the people (visam).''^ Such examples
may be multiplied still. They clearly indicate
q /the importance of the popular element in the
government, at the time the hymns were com-
posed. The full significance of these passages
will be readily understood by those who remem-
ber, that in 1830, when the popular element
became very strong in the Government of
Trance, Louis Philippe was raised to the throne
with the significant title of the "king of the
Trench."

' A. V. IV. 22.
- Rv. VII. 6. 5.
= Wilson's Translation, Vol. IV, p. 42.

* S. P. Br, XII. 9. 3 ; S. B. E., Vol. XLIV, p. 269.
» A. V. IV. 23. 1. ; W. A. v., p. 190.

• A. V. VI. 88. 1 ; W. A. v., p. 346.

CHAPTER II 107

§2

There are also clear references to election or
selection of kings in post-Vedic
i^;^^;ZiJ: literature. Thus we read in
Panchagarn-Jataka^ and Tela-
patta-Jataka" that the Bodhisattva was elected
king by the people. In Mahavamsa (Chap. II)
we find an ancienfc Indian tradition that the
first king was called Mahasammata, Le., consent-
ed to by all. Similarly Santiparva (Ch. 67)
records a tradition that the first king was
elected by the people.

There is, again, a remarkable passage in
Ramayana which shows that
JS;lnt ^'^'™' the popular voice was still a
powerful element in the selec-
tion of a king. Thus we read in Ayodhyakanda^
that when King Dasaratha intended to consecrate
Hama as the crown prince, he called the chief
persons of cities and villages within his kingdom
into an assembly.

^^if^JTm ^f^5?n: h^rt^ ifirDcift: ii (^-?-8^)

That this assembly consisted of Brahmans
and representatives of the military is clear from
verse 19, Chapter II, to be quoted hereafter. It

^ Jat., Vol. I, p. 470, 2 iii^i^ p 395 3 Chapters I, II.

lOS CORPORATE LIFE

also included a niim1)er of subordinate princes.^
After the assembly had duly mot the king
formulated liis proposal before them and
added : —

Thus the king reserved the final decision of
the question to the assembly, and even author-
ised it to suggest new measures, if his own
proved to them of little worth. He forewarned
it not to decide the question simply according
to the royal Avill but with a view to the real
w^elfare of the kingdom. Then the assembly
conferred on the subject, and came to the
unanimous resolution that the royal proposal be
accepted :

m^m ^^^^rg ftT^T^^t: ^^ ii ?^

. ^rfg ^^TOT ^T^T 1^ ^^tR^ ^^^ \\'\^

The king Avas however not satisfied with this.
He told the assembly that probably their resolu-
tion was made solely with deference to the royal

1 C/. Chap, n, V, 17.

CHAPTER It 109

will, and this suspicion would not l)e removed
from his mind till they gave in detail their
reasons for accepting Rama as the crown prince.
The assembly then proceeded to describe in
detail the qualities of Eama which made him,
in their opinion, eminently fit for the post, and
the old king was at last gratified at their
decision, which he accepted " with folded
hands," in return to the similar compliment
offered to him by the assembly.^

The above account furnishes a striking
instance of the constitutional power, still
exercised by the people, in selecting their future
king. Reference is made to the same power
in other passages in the same Epic. Thus we are
told in II. 67-2, that after the death of
Dasaratha the " king-makers " assembled together
to select a king.

Some of them suggested that one of the
Ikshvaku family should be appointed king on
that very day (v. 8), but Vasishtha, the royal
priest, told in reply, that as the kingdom has
been given to Bharata, they must send for him
at once and wait till his return (II. 68-3).
This was agreed to by the " king-makers " and

1 Chapter III, v. 1.

J 10 CORPORATE LIFE

so Bharata was sent for (II. 68; 4-3). Again
in I. 133. Bharata is said to be "^fi[i^q^^f^ w:

Further we liave in Ramayana 1, 421.

" When King Sagara died the suhjects
selected the pious Amsuman as their king."

Mahabharata also furnishes several instances
of the power exercised by the

and iu Mahabharata. i ♦ ji i • o t •

people m the selection of king.

Thus we are told that when Pratlpa made

^ preparations for the coronation of his son Devapl,

"Y^ y the Brahmans and the old men, accompanied by

^ ^^ the subjects belonging to the city and the

^ ..\ ,, country, prevented the ceremony. The king

p^' . burst into tears when he heard the news and

^^C V .lamented for his son. • The subjects alleged that

^^ /though Devapi possessed all the virtues, his skin

^ Ijiisease made him unfit for the position of a king.

The voice of the people ultimately prevailed and

the brother of Devapl became king.

CHAPTER II 111

\^ m^j ^a^^* i?f5j^^^^ f^^wi: \\\^

Again while Yayati wanted to install his youngest
son Parii on the throne, the people objected to
the supersession of the eldest prince. Yayati
then assicrned reasons for his decision and
entreated the people to consecrate Puru as king

The people having expressed their consent,
the ceremony of consecration took place.

These instances seem to prove that even HI
in the '' Epic age " the system of election J
had not completely died out. There were /
still the king-makers (?:i^^Trh:) as in Vedic (
times, and they still exercised the right of 1 '^
selecting a king, when necessary, and could I
sometimes even override the nomination of th^

king,

112 CORPOHATE LIFE

The same thing is ilhistrated by a passage
in Dighanilvaya.^ It refers to a promise made
by Prince Reiui to reward his companions in
case the king-makers {rajakattaro) anoint him
to the sovereignty on the death of his father
Disampati. Subsequently, we are told, the
king-makers actually anointed Prince Ilenu to
the sovereignty. The passage certainly implies
that the king-makers exercised substantial and
not merely formal powers.

Reminiscence of this power of election may
also be gathered from the inscriptions of later
period. Thus the Girnar Inscription of 150^. D. ^ '
refers to Rudradaman as '* ^^^^?:fHil^l^5Tm
^V^^ l^*f '^ ^-^-5 one who was elected king by all
j^--the castes, for their protection.^
\J V Again the Khalimpur Inscription^ informs

^^ \ us that Gopala, the founder of the Pala dynasty
'>ij I was elected king by the people, in order to get

{ rid of the prevailing anarchy : —

It may be noted in this connection that
according to the account of Yuan Ch^^aiig^ t"^
Harshavardhan Avas also elected to the throne.

* 19.36 (Davids and Carpenter, Part II, pp. 233-4).
' Ep. Ind., Vol. VIII, pp. 43-47.

' Ep. Ind., Vol. IV, p. 248.

* Beal's translation, Vol. I, p. 211.

CHAPTER JI

We are told that when llajyavardhan was killed
the ministers assembled together, and one of
them, Bhandi by name, proposed the name
of Harshavardlian. " Because he is strongly
attached to his family, the people will trust in
him. I propose that he assume the royal
authority. Let each one give Jiis opinion on this
matter, whatever he thinks." The proposal
was accepted and the throne was offered to
Harshavardlian.

' The Kasakudi plates^ also inform us that thel
Pallava king Nandivarman was elected by the
subjects (f ft: iccinftr:)

The * Assembly ' of the people afforded nn
extensive scope for their eorpo-
and'istnULr'^^'"'''"' ratc activitlcs in political field.
There is abundant evidence in
the Yedic literature that it was a powerful body
exercising effective control over the royal power.
The numerous references to it hardly leave any
doubt that it formed a well known feature of
public administration in those days. Unfor-
tunately the paucity of materials makes it
impossible to precisely deter in ine its power and
organisation but enough remains to show its
general nature and importance.

I Sonth. Tiul. Tna., Vol. HI, Part TT, p. 349.
15

114 CORPORATE \AVK

That the Assembly was no mere effete hodv
but possessed real control over the kins^, appears
quite plainly from the following' curse whicli a
Brahman utters against a king who injured him
(by probably devouring his cow) : —

" A king who thinks himself formidable
(and) who desires to devour a

Vedie texts relatino; t-» _i ii ^ i • i

to the nnhuv and im- Brahman~that kingdom is

portnnre of tiie AsBom- i i t> -i

biy. poured away, where a Brahman

is scathed." (6)

" Becoming eight-footed, four-eyed, four-
eared, four-jawed, two-moutlied, two-tongued,
she shakes down the kingdom of the Brahman-
scather. (7)

It leaks verily into that kingdom, as water
into a split boat (iuuf) ; where tliey injure a
Brahman, that kingdom misfortune smites. (8)

"The Kudr uln'cli they tie on after a dead
man, that verily O Brahman-scathcr, did the
gods call thy couch {upastarana). (12)

"' The tears of one weeping, {I'r'p) ^vhich
rolled (down) when he was scathed, these verily
O Biuhman-scather, did gods maintain as thy
portion of water. (13)

" With what they bathe a dead man, witli
what they wet {ml) beards, that verily O
Brahman-scather did the gods maintain as thy
portion of Avater. (14)

" The rain of Mitra-and-Yaruna does not
rain upon the Brahman-scather; the Assemhly

CHAPTER if

11

{samiti) doa^ not Hu'd him ; he irinii no friend
to his colli rol} (15)

111 this long string of immitigatccl blasphemy
it is impossible to minimise tlie significance of
that Avhicli is hurled forth in the last stanza.
It is only when Ave go through the list of terrible
indignities with which the Idng is threatened
in the previous stanzas .'is well as in the preced-
ing hymn,- that we can thoroughly realise the
real nature of the dread which the prospect of
a disagreeing assembly Avould hold out before
him. The author ol* the hymn pours forth
all sorts of maledictions against the king, and,
gradually increasing in degrees of violence, con-
cludes with the threat, which he no doubt
thought to be the gravest of all. Ycrilv indeed
was a king to be pitied who could not keep the
Assembly under control, and to the kingdom the
calamitv would be as groat as that of a lonix-
drawn drought, when Mitra-and-A^'aruna Avith-
hold the life-giving rain.

The import.iiice of the Assembly is further
established bv Eigveda X, 166,1. The hvmn,
as Zimmer suggests, was probably the utterance

' A. v., V-IJ); \V. A. v., pj.. 208-4. Blooiuiicld traiisJutes the
Italicised portion as follows .-

" Tiie Assembly is not couiplacent for liini (the kiuj^- w]io oppresse?!
the Brahnjang) ; he does not guide his friend accordinjr to his will."
Op. cit., p. 171.

- W. A. V , p. '^oij.

116 CORPORATE LIFE

of an unsuccessful candidate for the royal throne,
who wishes to usurp it by sheer force.

" Superior am I, and have come here with a
force capable of doing all things. I shall make
myself master of your aims, your resolutions
and your Assembly {Saniiti)}

The fifth or the last verse of this hymn, is

probably a later addition, as is held by Zimmer

on the ground of its metre. In that case, here,

too, the last thing the rival king is threatened

\ ^Avith, is the possession of his Assembly.

Again, in Atharva Ycda, VI, 88, the last thing

^ prayed for, in order to establish a king tirmly

V^ V \ on his throne, is that there might be agreement

J]J tf \between him and the zVsscmbly.

^ ^^ " Fixed, unmoved, do thou slaughter tlie

^ foes, make them that play the foe fall l)elow

(thee) ; (be) all the quarters {dis) like-minded,

concordant (sadhn/aiich); let the gathering

(samUl) here suit thee (who art) fixed."'

Having thus realised the importance of the
Assembly in the machinery of public adminis-
tration, w^e may next proceed to consider its real
form and character.

' A. L., p. 175. " U tOjerlej,'cn bin icli bicrher gckomiiien mit zu
Allein ialiiger Schaur ( Visvakarmena dhamnS ) : onrer Absicht,
cures lieschlusses, eiiiLr Vcrsarnnihing (samiti) bcniilclitige ich
mk'h.'

» W. A. v., 1.. 3-16.

CHAPTER 11 117

Zimmer holds that 'Sabha' was the Assembly
of the villagers, Avhile ' Samiti'
sabw a„1'sL,I;itr"-'" denotes the' central Assembly of
the tribe, attended by the king/
Macdonell, however, pointed out that it is quite
evident from Satapatha Brahmana, III. 3, i, 14,
and Chhandogya Upanishad, V. 3, 6, that the king
went to the Sabha just as much as to the Samiti,
and accepts Hillebrandt's contention that the
Sabha and the Samiti cannot be distinguished.-
But, besides the philological argument adduced
by Zimmer (p. 17 1) it may be pointed out that
Atharva-veda YII. 12-1, really distinguishes the
two.

" Let both Assembly (Sabha) and gathering
(Samiti), the two daughters of Prajapati, accord-
ant, favor me."'^ Sabha is also distinguished from
Samiti in x\tharva-veda, VIII. 10-5 and 6.

There is thus no doubt that these two bodies
were quite diiferent although the exact nature
of the distinction between them cannot be
ascertained. The fact that Sabha Avas also used
as a place for amusement may indicate that it
was originally a village council, which, as
Zimmer suggests,* ^served, like the Greek Leskhe,
as a meeting place for social intercourse and
general conversation about cows and so forth, pos-
siblv also for debates and verbal contests.' The

' Up. CiL, v\K 172-171. •'• VV. A, V., p. 39(3,

•' V. I., Vol. 11, p. 427. * Op. at., p. 172.

118 CORPORATE LIFE

references in ihe ChliandogyaUpanishad, etc., may
be explained by supposingj either that the signi-
ficance of the term had been extended in later
times, or that it was not unusual for the kings
to visit even these local councils. It is also a
noticeable fact that in all the three instances
quoted above to establish the importance of the
Assembly it has been denoted by the term Samiti,
while Sabhti is mentioned in connection with
village in two passages in A^ajasaneya Samhita.^
Without therefore attempting to be too precise
about terms, we may, in general, take Sabha to
mean the local, and Samiti, the central Assembly.

§ -t
In the Samiti (as well as in the Sabha) the

party s})irit ran high, givin;x
.wembiv!' '^" ^'"'''' I'isc to debates and discussions

such as has scarcely been
witnessed in India during the three thoiihiandj
years that have followed the; Vedic period.'
Before proceeding further it will be well to
collect together the more important ])assages
from the A^edic literature bearing upon the
subject.

I. (The following hymn in Atharva-veda-

is used by Kausitakl^ in the
tolaniiti"'* '"'''""' rite or charm for overcoming

an adversary in public dispute ;

1 Hi. 40: XX. 17. ' 11.27. ^ dK 18.1^1.

CHAPTKR IJ 119

one is to come to the Assembly From the north-
eastern direction, chewing the root of a parti-
cular plant, to have it in his mouth while
speaking, also to l)ind on an amulet of it and to
wear a wreath of seven of its leaves.)

" May (my) foe 1)y no means win {ji) the
dispute^; overpowering, overcoming art thou;
smite the dispute of (my) counter-disputant;
make them sapless, O herb I (1)

"The Eagle discovered (^^^;7/-r/'/) tliee ; the *"
swine dug thee with his snout; smite tlie dispute,
etc., etc. (2)

" Indi'a put {kri) thee on his arm, in order to
lay low {str) the Asuras : smite the dispute, etc.
etc. (4)

"With it will 1 ovei power the foes, as
Indra did the Salacrikas ; smite the dispute,
etc., etc. (5).

" O Rudra, thou of liealing (?) remedies of
dark {i?ll(f) crests, deed-doer ! Smite the dispute,
etc., etc. (6)

" J)o thou smite the dispute of him, O Indra,
who vexes us (that is hostile to us, Bloomfield,'^
op. oil., p. 187) ; bless us with abilities {mkt'})\ I ^
make me superior in the dispute.- ^

II. (The following hymn of Atharva-Yeda"
is used inKausitaki* in a eeremonv for srainino*

^ Bloomfield uses the term ' delmte' throughout, op. cit, pp. 39<j-397
5 W. A. v., pp. 67-08. ' Vir. 12. •'38.27.

i.l

120 COPOIIATE LIFE

the victory in debate or in the deliberations of
an assembly.)

' Let both Asseml)ly (Sabha) and gathering'
(Samiti), thetwodaughtersof Prajapati, accordant,
favor me; Avith whom I shall come together,
may he desire to aid (? up(( A' ksL) me; may I
speak wliat is pleasant among those who have
come together, O Fathers. (1)

*' AVe know thy name, O assembly ; vc^-ily
sport {narishia) by name art thon ; whoever are
thine assembly-sitters, let them l)e of like spe(^ch
witJi me. (2)

"Of these that sit together I take to myself
the splendor, the discernment {nijufina) ; of this
whole gathering {samsail) make me, O Indra,
possessor of the fortnne (hluffjiu), (B)

"Your mind that is gone away, that is
])ound either here or there — that of you wo
cause to turn hither- in me let vour mind rest."^

III. (The following hymn of Athaiva-Yeda'-
was probably used in a rite for harmony.)

" AVe bend toi]rether vour minds, together vour
courses, together your designs ; Ye yonder who
are of discordant courses, we make you bend
(them) together here. (1)

"I seize (your) minds with (my) mind;
come after my intent with (your) intents; I
put your hearts in my control ; come with (your)
tracks following my motion. (2)

' W. A. v., pp. 390-7. '' VT. 94.

CHAPTER II 121

" Worked in for me (are) heaven and earth ;
worked in (is) divine Sarasvati ; worked in for
me (are) both Indra and Agni ; may we be
successful here, O Sarasvati." (3) ^

lY. (The folio wing passage occurs in a hymn
of Atharva-Veda ^ which is quoted in Kausitaki
in a ceremony for counter-acting magic.)

"What (witchcraft) they have made for
thee in the assembly {sahha) — I take that back
again." (6)^

V. (The following verse in the celebrated
hymn to the Earth is by Kausitaki prescribed
to be repeated as one goes to an assembly
{parishad).

'' I am overpowering, superior by name on
the earth (bhumi); I am subduing, all-over-
powering, vanquishing in every region."*

VI. (The following verse in the same hymn,
is, according to Kausitaki, to be recited by one
who desires to please the assembly ; he addresses
the assembly-hall with the mantra, and looks
at it.)

" What I speak, rich in honey I speak it ;
what I view, that they win (P van) me ; brilliant
am T, possessed of swiftness; I smite down
others that are violent (? dodhat). (58) ^

^ W. A. v., p. 350. * A. v., XII. 1 ; Kans. 38-30,

2 V. 31. W. A. v., p. 670.

3 W. A. v., p 279. » Kana. 24-14; 38, 29; Bloomfield,

op. cit, p. 206, W. A. v., p. 671.

16

122 CORPORATE LIFE

VII. (The following verse also occurs in the
v^^ hymn to the Earth.)

<^ " What villages, what forest, what assemblies,

(are) upon the earth (bhmni), what hosts, galher-
-^^ ings — in them may we speak what is pleasant to

thee." (56) '

VIII. (The following hymn occurs in
^' Vratya Sukta and refers to Vratya.)

)'^ "1. He moved out toward the tribes,

2. "After him moved out both the assembly
^^ yy ' land the gathering and the army and strong
J^ ^Mdrink."^

IX. " As the Hotar proceeds to the house
which possesses sacrificial animals, as a just king
proceeds to the assembly, so the purified Soma
enters into the pitcher, and remains there, as a
bufPalo in the forest." '

XI. (The following passage occurs in a
hymn to Agni) : " O thou of the assembly, protect
my assembly {sahhd), and (them) who are of
the assembly, sitters in the assembly ; having
much invoked thee, O Indra, may they attain
their whole life-time." *
* The passages quoted above are calculated to

throw a flood of light on the nature and workings
of the "Assembly." It Avill be impossible to
trace in minute detail the various bearings they

^ W. A. v., p. 671.

« A. v., XV. 9; W. A. v., p. 783.

» Rv. IX. 92-6; Zimmer, op. ciL, p. 174.

* A. V. XIX. 5.5-6 ; W. A. V., p. 993.

CHAPTER II

123

have upon the question at issue, but a few promi-
nent features of the ' Assembly ' may be gathered
from them. It appears from No. VII that the \
* Assembly ' was originally the assembly of the ^
people at large (Vis) and they retained their
influence over it, however nominally, down to
the late Vedic period represented by the Vratya
Sukta.^

It has been already demonstrated that the
Assembly played an important part in the
political administration of ancient India. It
appears from No. VIII, that it was so closely ,
interwoven with the political system of the day \
that a king, without a Samiti, was not even to
be thought of. What forest was to a buffalo,
what a pitcher was to the Soma juice, what a
sacrificer was to the priest, so Avas the Samiti
to the king. In other words, the Samiti was
the main prop, Avithout which the royal power
could not be conceived to have subsisted.

Such being the case, it is no wonder that a
sanctified aspect was given to the Assembly by
religious ceremonies and prayers (No. X). Sacri-
fice was offered on its behalf (Hillebrandt's ^ ,
Vedische Mythologie, 2, 123-125) and Agni was y /
solemnly invoked, as a patron deity of the / /
Assembly, to protect it and its members. The "^
last hymn of the lligveda contains a good speci-
men of one of those solemn outpourings o£

Cf. Zimmer. op. cit-, p, 194.

IZi CORPORATE LIFE

heart that prohably preceded the session of an
Assembly.

" Assemble, speak to<^ether : let your minds be all of
one accord,

As ancient Gods unanimous sit down to their
appointed share.

The place is common, common the assembly, common
the mind, so be their thought united.

A common purpose do 1 lay before you and worship
with your general oblation.

One and the same be your resolve, and be your minds
of one accord.

United be the thoughts of all that all may haj)pily
agree." ^

And well indeed might such a solemn prayer
for union and concord be uttered in the Assembly.
For never did debate and dissensions run so high,
never was the supremacy in public assembly so
keenly contested. I do not believe, the world's
literature can furnish a specimen of the anxious
thoughts and earnest desires for gaining pre-
eminence in an assembly such as is depicted to
us in the passages quoted above. Never was
a more solemn prayer offered to the God above
for obtaining the first position in a council than
/ that which was poured forth to the divinities of

Vedic India (I, II, VII, X). Nowhere else
probably in the world were such regular religious
ceremonies (I, II) elaborately performed for
attaining the same end. The stalwart politician

' Griffith's Translation, p. 609; Rv. X. 191.

CHAPTER II

125

of Vedic India did not, however, rely upon the

divine help alone for his success ; charms and

magical formulas (IV, V, VI) Avere liberally

invented, and freely taken recourse to, all for

the same end. Belief in the efficacy of charms,

counter-charms (TV) and exorcisms, — the amulet,

chewinf]^ the root of a plant, and wearing wreath

of its leaves (I) — gained ground among a people,

too eager for the promised fruits to be alive to

their absurdities. Whatever we might think of

the credulity of the people, there can be nos . J^

doubt that they took politics seriously, and that ] ^"^^

the society in Vedic India was characterised by |

a keen sense of public life and an animated!

political activity.

One prominent feature in the corporate poli-
tical activities in ancient India extorts our
unstinted admiration. Though the people were
keenly alive to the necessity of gaining over the
Assembly, the only means by which they ever
sought to directly achieve this end, was indeed
the most honourable one, viz., the persuasion of
its members by supremacy in debate. All the \
prayers and ceremonies, charms and counter- ■
charms, were directed to one end alone — to get ;
the better of one's rivals in debate, to induce the \
members present to accept his view of the case, \ ^ a
to weaken the force of his opponents' arguments,
to make his speech pleasant to the members and t
to bend the minds of those who are of different /

126 CORPORATE LIFE

views. Thus to the credit of the political leaders
must it be said that amid the contests and
conflicts of the corporate political life, they
never violated the cardinal doctrine of the
supremacy and independence of the Assembly
at large, and to the honour of the people who
graced that Assembly be it ever remembered that
such was their honesty and sense of respon-
sibility, that friends and foes alike recognised,
that the only force before Avhich they would
yield was the force of reason and argument.

Such were the great political assemblies of

tlie Vedic period. Though the

Political assembly in literature of the succeeding

the post-Vedic period. ~

ages does not throw much light
upon them, enough remains to show that the
institutions did not die on the soil. I have
already quoted instances from Ilamayana
(p. 107 ff.) and Vinayapitaka (p. 105). In the
first case, however, the only item of business
before them was the selection of the king
or the crown prince, and it does not appear
quite clearly whether they played any important
part in the ordinary administrative system. In
the second case we possess no account of the
business for which the assembly
The Mautri Parishad ^^ eighty thousand villaire-chiefs

or Privy Council, a o «/ ^ .

remnant of the Vedic ^y.^^ called by Bimbisara. The

Samiti. *^

true representative of the Vedic
Samiti seems to be, however, the Mantriparishad

\r

CHAPTER II

127

(Privy Council) referred to in Kautilya's
Arjlia^ftstfa (Bk. I, Chap. XV). This insti-
tution is clearly distinguished from the
council of ordinary ministers, for the king is
enjoined, in case of emergency, to call both his
ministers as well as this Privy Council {mantrino
mantriparishadam cha). That it sometimes
consisted of large numbers is apparent from
Kautilya's statement, that " one thousand sages
form Indra's Privy Council " ; for these fanciful
statements about things divine must have their
foundations in actual mundane things. Besides,
Kautilya further maintains, against the schools
of politicians Avho would limit the number to
12, 16 or 20, that it .shall consist of as many
members as the needs of dominion require.
As regards the powers of this Privy Council
Kautilya expressly lays down that they had to
consider all that concerns the parties of both
the king and his enemy and that the king
shall do whatever the majority {hhuyishthah) of
Ithe members suggest or whatever course of action
Heading to success they point out.^ The legal i
position of this body also appears quite clearly
from the injunctions of Kautilya that the kingi
should consult the absent members by meansj
of letters. (^rto^i^etW q?W^i3[$^ IT'^^cl, p. 29),

* Kautilya's Arthasastra — Ti'anslated by R. Shamasastry, p. 33.
R, Shamasastry translates * Mantriparishad ' as assembly of ministers,
but for reasons stated above T have used a different term, viz.y the
•• Privy Council."

128

CORPORATE LIFE

The following

verses from Mahabharata
furnish a detailed account of the constitution
of the body and indicates its relation Avith the
ordinary ministers.

Tr

^ftqi^ ci^T ^T^ ^f%^: ^^mf%^: ii ^
mhi n^\^^ ft^mw w^^^ ^^rfw ^^% a ^

T^^T^^^^^r^* W'T^W^^^^^^ II c,

Thusj4 Brahmanas, 8 Kshatriyas, 2. Vaisyas,
3 SMras and 1 Suta, formed the Privy Council.
Out of this body of 37, the king selected eight
ministers for the transaction of ordinary business.
The representative principle had thus full recog-
nition in the constitution of this Privy Council,
and this betrays its popular origin. I

It is interesting to notice how the executive
machinery in the Indian constitution developed on
parallel lines with that of England. As the great

CHAPTER II 129

j National Council of the English gave rise to the
U^rmanent Council which subsequently dwindled
into the Privy Council out of which the king
/selected his confidential ministers and formed
the cabinet, so the Samiti of the Vedic period
gave place to the Mantriparishad out of which
the king selected a few to form a close cabinet.
The Samiti, however, did not, like the great
National Council, bequeath any such Legislative
assembly, as the Parliament, to the nation. This
function devolved upon the Parishad which con-
sisted usually of the ten following members, viz.,
four men who have completely studied the four
Vedas, three men belonging to the (three) orders
enumerated first, (and) three men who know
(three) different (institutes of) law^*

Greek writers also bear testimony to the

existence of similar institutions. ThusJDiodoim^

has referred to ' a city of great

Similar institutions . ^

referred to by Greek uote,' witli a political Constitu-
tion drawn on the same lines as
those of Sparta. As regards the details of the
constitution he remarks that '* in this community
the command in w^ar was vested in two heredi-
tary kings of two different houses, while a Coun-
cil of elders ruled the whole state with paramount
authority."'^ Now^ in this Council of elders we:
have surely a reminiscence of the Samiti of the

^ Ga. XX VI 1 1— 49; M. XII. 110 ff.

- Diodorns, Chap. CIV. The passage is translated by McCrindle iij
his "Invasion of India by Alexander the Great," p. 296. /

17

130 CORPORATE LIFE

Vedic period. The express statement of the
Greek writer that it ' ruled the whole state with
paramount authoiity ' seems to corroborate the
view I have taken about the supreme importance
of the ' Samiti ' in the public administration of
the time. It also illustrates the principle laid
down by Kautilya that kings were bound by the
decision of the majority.

Mr. V. Kanakasabhai has proved the exis-
/ tence of similar institutions in

and in South Indian

literature and inscrip- southcm India in the early
centuries or the Christian era.
The study of the Tamil literature bearing upon the
period has led him to the following conclusions :

" The head of the Government was a heredi-
tary monarch. His poAver was restricted by five
ere known as the " Eive Great
They consisted of the representa-
tives of the people, priests, physicians, astrologers
or augurs and ministers. The Council of repre-
sentatives safeguarded the rights and privileges
of the people : the priests directed all religious
ceremonies: the physicians attended to all matters
affecting the health of the king and his subjects :
the astrologers fixed auspicious times for pub-
lic ceremonies and predicted important events :
the ministers attended to the collection and
expenditure of the revenue and the administra-
tion of justice. Separate places were assigned
in the capital town for each of these assemblies,

lary monarcn.
I Councils, who w
r ^ ^Assemblies." T

CHAPTER II 181

for their meetings and transaction of business.
On important occasions they attended the king's
levee in the throne hall or joined the royal pro-
cession The power of Government was

entirely vested in the king and inthe'^Eive
Great Assemblies." It is most remarkable that
this system of Government was followed in the
three kingdoms of the Pandya, Chola and Chera,
although they were independent of each other.
There is reason to believe therefore that they
followed the system of Government whiqh ob-
tained in the country from which the founders
of the '' three kingdoms " had originally migrated
namely, the Magadha Empire.'" '"

It appears to me that the so-called Five
Assemblies were really the five committees of a
Great Assembly. The writer has traced them to
the Magadha Empire but they seem to me rather
the modifications of the Vedic Samiti which left
its reminiscence in every part of India. In any
case the representative character of these bodies,
and the effective control which they exercised
over the administration is clearly established. It
is interesting to note also that the ' ministers'
formed one of the assemblies. The assemblies,
taken together, may justly be compared with the
" Privy Council " referred to above, the assembly
of the ministers corresponding with the ' cabinet'
composed of a selected few. On the whole I

V " Tamils Eighteen Hundred Years Ago," pp. 109-110.

132 CORPORATE LIFE

cannot help tliinking that we liave in the Tamil
Assemblies, a modified type of the ancient Samiti,
such as is met with in the post-Vedic literature,
e,g.i in Mahabharata and Artliasastra.

An inscription of Travancore ' of the 12th
century A.D. refers to the subordination of the
temple authorities to the " Six Hundred of Venad
and the district officers and agents " Venad was
the ancient name for Travancore. The editor of
the inscription remarks : — '' Venad, it would
appear, had for the whole state an important
public body under the name of " the Six Hundred '*
to supervise, for one thing, the working of temples
and charities connected therewith. What other
powers and privileges this remarkable corpora-
tion of " the Six Hundred'' was in possession of,
future investigation alone can determine. But
a number so large, nearly as large as the British
House of Commons, could not have been meant,
in so small a state as Venad was in the 12th
century, for the single function of temple super-
vision." May not this be something like a state
council, the remnant of the old Samiti ?

§ 5

So far as regards the central Assembly, the

Samiti. We may next take

locrrAsf'mt?,." '"' into consideration the local

Assembly which was originally

denoted by Sabha.

1 ItkI. Ant., XXIV, pp. 284-285.

1

CHAPTER II 133

The village is looked upon as a unit as early
as the earliest Vedic age. The Gramani or the
leader of the village is mentioned in the Iligveda
(X. 62. 11 ; 107. 5) and often in the later Sarii-
hitas and the Brahmanas.' It is quite clear,
from the passages quoted on

to sabhV"''^' '^^'*'"^ P^g^ 1^2 ^^^^^ ^^^^ ^e had voice
in the election of kings. Ac-,

cording to Zimmer he presided over the village

Assembly,- but Macdonell does not accept this

view."^ The Assembly was a meeting spot of both

the rich and poor. The rich men went there in

full splendour, as Eigveda 8. 4. 9 informs us.

*' O Indra, thy friend is beautiful and rich in
horses, charicfts and cows. He is always provided
with excellent food ; majestically goes he to the
Sabha " (Zimmer, p. 173).

One of the most favourite topics discussed

there was about cows. "O Ye cows

loudly is your excellence talked about in the
Sabha" (Rigveda, 6. 28. 6, Zimmer, op, cif.,
p. 173). Serious political discussions were also
carried on in the Sabha, and an expert in them
was an object of great desire :

'' Soma gives him, who offers him oblations,
a son skilful in the affairs of house {sadanya)

^ See the references collected in V. I., T, p. 247, f . n. 26.
- " Der in der Sabha versammelten Gemeinde prasidierte wohl der
gramani (vrajapati), op. cif., p, 172.
^ Y. r., p. 427.

134 CORPORATE LIFE

Sabha {sahheyay and sacrifice {Vidatliya)''
(Rigvecla, I. 91, 120. Zimmer, op, cit., p. 172).

A curious penitentiary formula, repeated
twice in the Vajasaneya-saiiihita (III. 45 ; XX.
17), throws an interesting side-light on the
working of the Sabha. "We expiate by sacrifice
each sinful act that we have committed, in the
village, in the wilderness and the Sabha." The
commentator Mahidhara explains the sinful act
in Sabha as " Mahajana-tiraskaradikam enali "
in III. 45, and '' pakshapatadi-yadenah " in XX,
17. The former certainly refers to improper
language used in the course of debate against
great persons, and this in itself is some indica-
tion of the nature of ^business in the Assembly.
The latter explanation is probably to be taken in
connection with the judicial capacity of the
Assembly meaning ' any partiality in deciding
disputes that might have been committed in
course thereof."

IThat the Sabha exercised judicial functions

is also proved by other refer-
the^h^* ^'""■' "' encesr] Thus Ludwig ' infers it

from the word * Kilvishasprit '
in Eigveda X-71.10, for the word can only mean

* The context seems to disprove the hypothesis of those who would
infei' from the term " Sabheya," a restriction in the membership of
the Sabha. There can be scarcely any doubt that what is wanted here,
is not a son that would have requisite qualifications to become a
member of the Sabha, for this sense would be quite inapplicable to the
two other cases, viz., house and sacrifice.

2 Es scheint, dasz in der sabha auch gerichtliche Verhandlungen

CHAPTER II

that which removes the stain attaching to a
person by means of accusation." The fact that
' Sabhachara ' is one of the victims at the Puru-
shamedha sacrifice also leads to the same con-
clusion. For, as Macdonell observes, " as he is
dedicated to Dharma, ' Justice/ it is difl&cult not
to see in him a member of the Sabha as a law
court, perhaps as one of those who sit to decide
cases." Macdonell also takes * Sabhasad ' to refer
to the assessors who decided legal cases in the
Assembly. He further remarks : — ']j!t is also
possible that the Sabhasads, perhaps the heads of
families, were expected to be present at the
Sabha of tener than the ordinary man ; the meet-
ings of the assembly for justice may have been
more frequent than for general discussion and
decision." It is also possible, as Macdonell sug-
gests, that the judicial functions were exercised,
not by the whole Assembly, but a standing
committee of the same.^ V

The organisation of the village as a political
unit under a headman is also

Village organibation i i • j. i t-j. i i. •

referred to in the relerrod to m the Jataka storics.

Thus we learn trom Kharassara-

Jataka^ that it was the duty of the headman

vorkamen ; an der bereits citierten Stelle X. 71. IC. komrat der Auszdrnck
' Kilvishasprit ' vor, was nur ' entferner des Vorwnrfes, des [dnrch
die anklage jemanden angehefteten] Flecken ' heiszen kann. (Der
Rigveda, III, 254.)

» V. I., II, pp. 427-28.

" .Tat., Vol. T, p. 354.

136 CORPORATE LIFE

{gamahhojaka) to collect revenue, and with the
help of the local men, to secure the village
against the inroads of robbers In the particular
instance the office was conferred upon a royal
minister who was however shortly after punished
by the king for his secret league with a band of
robbers who looted the village. A similar story
is told in the introduction to the same Jataka
with this difference that the headman was here
degraded and another headman put in his place.
Further light is thrown upon the organisation of
the village by the Kulavaka- Jataka.' Here we
are distinctly told that the men of the village
transacted the affairs of the locality. There was a
headman who seems to have possessed the power
of imposing fines and levying dues on spiritual
liquor ; for he exclaimed, when the character
of the villagers was reformed by the efforts of
Bodhisattva, " When these men used to get
drunk and commit murders and so forth, I used
to make a lot of money out of them not only
on the price of their drinks but also by the lines
and dues they paid." To get rid of the Bodhi-
sattva and his followers he falsely accused them
before the king as ' a band of robbers,' but his
villainy was detected by the king who made him
the slave of the falsely accused persons and gave
them all his wealth. We do not hear in this
case the appointment of a new headman by the

' Ihid, p, 198.

CHAPTER II 137

king, and as we are expressly told that the
villasrers transacted the affairs of their own
village, it is just possible that the headman was
also selected by them. In the Ubhatobhattha-
Jataka^ reference is made to the judicial powers
of the headman {gamabhoj aka) who fined a
fisherman's wife for stirring up a quarrel and
" she was tied up and beaten to make her pay
the fine."

In the Paniya-Jataka ^ two ' gamahhojakas '
in the kingdom of Kasi respectively prohibited
the slaughter of animals and the sale of strong
drink. The people, however, represented that
these were time-honoured customs, and had the
orders repealed in both instances. In the Gaha-
pati-Jataka ^ we read how during a famine the
villagers came together and besought the help of
their headman who provided them with meat on
condition that * two months from now, when
they have harvested the grain, they will pay
him in kind.' These instances from the Jatakas
leave no doubt that the organisation of the
village as a political unit was a well known
feature of the society during the period. Some-
times the headman was directly appointed by
the king but that does not seem to be the uni-
versal practice. In any case the essence of the

^ Lhid, p. 482.

2 Jat., Vol. IV, p. 14.

Jat., Vol. II, p. 134.

18

las CORPORATE LIFE

institution Avas, as we are expressly told in one
case, that the affairs of the village were
transacted by the villagers themselves. The
headman possessed considerable executive and
judicial authority, as is well illustrated in the
above instances, but the popular voice opera-
ted as a great and efficient control over his
decisions.

The technical names puga and gana seem to

have denoted the local corpora-
Local corporations j • « . i -n i •

ill post- vedic pel iud. tious ot towiis and Villages duruig
the post- Vedic period. Thus we
find in Viramitrodnya " ganasahdah pugapar-
yayah " and again " pugah samuhah bhinna^
jdtinam bhinna- v fittitiam ekasthanavasimm
grdmanagaradisthanam. Vijnanesvara also, in
his commentary to Yajnavalkya, 2, 187, explains
gam as ' grdmddijanasamuha,^ Both these terms
no doubt denoted, in general, merely corpoi^a-
tions, but they were sometimes technically used to
denote corporations of particular kinds, as in the
present instauce the commentators explain them
as a village or town corporation. This inter-
pretation of puga is supported by Kasika on
Panini, V. 8. 112. ^Rl^ratm: ^f^^cTlTT^T:
^^^T^TT^T^T ^*^T: ^m:" The Avord ' </«m ' was
however used in other technical senses as well
and these will be noticed in due course.

The word ^ pTiga ' used in Vinayapitaka
(Chullavagga, V, 5, 2 ; VIII. 1, 1) seems to have

CHAPTER II 3 30

the sense of a corporation of a town or a village.
We are told that at that time it was the turn of
a certain '* puga {annatarassa pugassa) to provide
the saiiio^ha with a meal." This sentence occurs
frequently and it is certainly better to take puga
m the sense I have indicated than as an indeter-
minate and indefinite multitude, as Professors
Rhys Davids and Oldenberg have done (S. B. E.,
Vol. XX, pp. 74, 284). For, as already noticed
above, ' puga ' is clearly explained as a town
or village corporation by the later commentator,
and, what is more important, Vinayapitaka else-
where (Bhikkhuni-patimokkha, sarhghadisesa 2)
expressly refers to puga as a corporation with
executive authority, whose sanction was required
to consecrate as nun, any female thief within its
jurisdiction. It is thus permissible to take
'puga ' in Vinayapitaka as referring to town or
village corporations,^ and thus we get trace of
the existence of these institutions in the early
Buddhist period.

The organisation of the village as a corporate
political unit is referred to by

Village organisation -rr- xm i i i ji*

referred to in Artha- Kautilya who lays dowu the
^"^^^ following rules in Chap. X,

Bk. Ill of his Arthasastra.

'* When the headman of a village has to
travel on account of any business of the whole

' Reference is made to ' Afifiatara puga ' of a town (Vin., IV, 30).
Tliis indifates that thei*o were sometimes several corporations in a town.

140 CORPORATE LIFE

village, the villagers shall by turns accompany
him.

"Those who cannot do this shall pay IJ panas
for every yojana. If the headman of a village
sends out of the village any person except a
thief, or an adulterer, he shall be punished with
a fine of 24 panas, and the villagers with the
first amercement (for doing the same.) (R.
Shamasastry's Translation, pp. 218-19).
Again ;

" The fine levied on a cultivator who arriving
at a village for Avork does not work shall be
taken by the village itself

" Any person who does not co-operate in the
work of preparation for a public show shall,
together with his family, forfeit his right to
enjoy the show (preksha). If a man, who has
not co-operated in preparing for a public play or
spectacle is found hearing or witnessing it under
hiding, or if any one refuses to give his aid in
work beneficial to all, he shall be compelled to
pay double the value of the aid due from him "
{Ibid, p. 220).

These injunctions give clear hints of a close
organisation of the villages. There was a head-
man who transacted the business of the village
and could command the help of the villagers in
discharging his onerous task. The headman,
together with the villagers, had the right to
punish offenders, and could even expel a person

c.

CHAPTER II 141

from the village. The fact that the headman
and the villagers were both punished for an
improper use of this right, seems to show that
it was exercised in an assembly of the villagers
presided over by the headman. It may also be
concluded from this, that the rights of the indi-
vidual were not altogether subordinated to those
of the corporation, but here too, as in the case
of the guilds (see p. 54), the ultimate right of
supervision by the king was looked upon as a
means of reconciling the two. The village had
a common fund which was swelled by such items
as the fines levied upon the villagers and the
cultivators who neglected their duty. It had
also the right to compel each person to do his
share of the public work. Corporate spirit among
villagers was encouraged by such rules as follows:

" Those who, with their united efPorts, con-
struct on roads buildings of any kind (setubandha)
beneficial to the whole country and who not
only adorn their villages, but also keep watch on
them shall be shown favourable concessions by
the king." {Ibid, p. 221.)

'The village continued to be regarded as a
coriporate political unit throughout the post-
Vedic period. Thus in the Vishnu ^ and
Manu Smritis^ the village is reckoned as the
smallest political unit in the state fabric and

1 HI., 7 and 11.

2 Vir., 115-116.

142 CORPORATE LIFE

reference is made to the ' fjrmiika ' or the
village headman. J

Manu distinctly lays down that the king shall
banish from the realm any one who breaks the
and in the Dharma- agreement of a village commu.
sutras and Dhanna- nitv.^ The Dharma-sutras and

sastras. *^

Dharma-sastras contain fre-
quent references^ to gana and puga, both of
which terms seem to have denoted the town or
village corporations. Besides the quotations from
Viramitrodaya and Vijnanesvara's commentary
given above on p. 138 there are other considera-
tions also to support this view. In the first place
a comparison between Yajnavalkya, II, 31 and
Narada, Introduction, 9, 7, clearly establish the
fact that puga and gana were used as synony-
mous words, and the only sense in which these
can possibly be used there is a corporation of the
inhabitants of town or village. Then, w^hereas it
is laid down in Manu that one should not enter-
tain at a Sraddha those who sacrifice for a puga
(III. 151) or a gana (III. 154), we find similar
injunctions in Gautama, XV. 16 and Vishnu,
LXXX. 11-13, against those Avho sacrifice for a
grama or village.

A careful study of Yajnavalkya, II. 185-192,

' Mann., Ed. BUhler, VIII— 219 and note ; also VIII— 221.

2 Gantama, XV. 16. 18, XVII. 17 ; Apastamba 1-18-16, 17; Vt.,
XIV. 10, V. L. 1-7, LXXXII. 13 ; Manu, III. 151, 154, 164; IV. 209,
219; Y., 1. 161, 361, II, 31, 190-195, 214; Narada, Introduction 7.
Brih. 1. 28-30.

CHAPTER II 148

quoted above on p. 39, would also lead to the
same conclusion. Here the author begins with
a reference to royal duties with resrard to a city
(pura), viz. J that the king should establish there
good Brahmanas (V. 185). He then refers to the
royal duties towards the gana, '^'i^-, that the king
should punish those who steal the property of the
gam, etc., and concludes with the remark : ' that
the king should follow similar rules with regard
to guilds, corporations of traders (naigama) and
of followers of different religious sects. It would
appear therefore that gana here refers to corpora-
tion of cities or villages (ptira), for otherwise
the reference to 'pura ' is irrelevant. The com-
mentator Yijnanesvar has, as already observed,
accepted this interpretation.

The two following injunctions also prove that
the village was looked upon as a corporate body in
the age of the Dharma-sutras and Dharma-sastras.

(1) The king shall punish that village where
Brahmans, unobservant of their sacred duties
and ignorant of the Veda, subsist by begging ;
for it feeds robbers." ( Vasishtha, III. 4 ; S. B. E.,
XIV, p. 17).

(2) " When c©ws or other (animals) have been
lost or when (other) property has been taken
away forcibly, experienced men shall trace it
from the place where it has been taken.

"Wherever the footmarks go to, Avhether it
be a village, pasture-ground or deserted spot, (the

144 CORPORATE LIFE

inhabitants or oAvners of) that place must make
good the loss.

** When the footmarks are obscured or inter-
rupted the nearest village or pasture-ground shall
be made responsible." (Narada, XIV. 22-24).

In both these instances the village or the in-
habitants of a village are held responsible. Such
responsibilities are, however, out of question
altogether, if there were not corresponding rights
vested in the villagers. It is indeed worthy of
note that no officer or officers are mentioned but
the Avhole responsibility is attached to the village
itself. It must be held therefore that the village
Awas looked upon as a corporate unit of the state
[/possessing distinct rights and duties, and account-
able to a higher authority for due discharge of
them.

Arclia3ological evidence also confirms the
testimony of literature regarding the existence
of these local self-governing institutions. The
earliest in point of time is a terra-cotta seal
discovered at Bhita near Allahabad which bears
the legend " Sahijiliye nigamasa " in characters
of the third or fourth century

Reference to village -ri ^ ^j « , . i m i

corporations in ancient B. C. It WaS tOUUd m a build-

inscnptions. ^^^^ ^^ ^^^ Maurvau epoch

which, according to Sir John Marshall, possibly
marks the site of the ofiice of the nigama or
town corporation of Sahijiti}

Ann. Rep. Arch. Surv. India, 1911-12, p. 31,

CHAPTER II 145

The inscriptions on Bhattiprolu Casket,^ which
may be referred to about tliird century B.C., not
only refer to a village headman but also supply
the names of the members of a town corpora-
tion. Village headman is also referred to in
other early inscriptions such as the Mathura
Jaina inscription of the years 4, and 84.^ The
first of these refers to a lady who was the first
wife of the village headman and daughter-in-
law of the village headman. This seems to imply^;
that the post of village headman was hereditary
in the family.

The Nasik inscription of Ushavadata refers
to a nigama-sahha or town council where his
deed of gift was proclaimed and registered ac-
cording to custom.^ xlnother inscription from
the same locality records the gift of a village by
the inhabitants of Nasik.^ Similarly an inscrip-
tion on the railing of the Stupa no. II at Sanchi
records a gift by the village of Padukulika,^
and one on the Amaravati Stupa refers to

^ Ep. Ind., Vol. II, p. 328. The word negama in this inscription
has been translated by IBiihler as the members of a guild. But as has
already been noticed on p. 44 above, nigama should more properly be
taken in the sense of a town. As Prof. Bhandarkar contends, negama
probably stands for naigamah, i.e., the corporate body of citizens such
as is mentioned in the YajBavalkya and NSrada Smritis.

' Liider's Li.st, nos. 48 and 69<7.

' Ep. Ind., Vol. VIII, p. 82.

* Liiders List, no. 1142. I accept the interpretation of Pandit
Bh gawanlal Indraji and Prof. D. R. Bhandarkar in preference to tliat
of M. Senarb. Cf. Carmichael Lectures, Vol. I, p. 177, f. n. 1.

» Ep. Ind., Vol. II, p. 110, no. 1.

19

14G CORPORATE LIFE

a gift of Dlianakataka NigamaJ These no
doubt testify to the corporate organisation of
a whole citv.

Four clay-seals found at Ehita - contain the
word nigamasa in Kushan character, while a
fifth has nigamasya in Gupta character. These
prove the existence of town corporation during
the first four or five centuries of the Christian era,
a conclusion which is corroborated by the clay-
seals discovered at Vaisali to which reference has
already been made on p. 43 above.

We learn from i\\e inscriptions of Vailla-
bhattasvamin Temple at Gvvalior dated 938 Y. S.^
that while the merchant Savviyaka, the trader
Ichchhuvaka and the other members of the Board
of the Savviyakas were administenng the oiti/^
the whole town gave to the temple of the Nine
Durgas, a piece of land which was its {viz., the
town's) property. Similarly it gave another
piece of land, belonging to the property of the
town, to the Vishnu temple, and also made per-
petual endowments with the guilds of oilmillers
and gardeners for ensuring the daily supply of
oil and garlands to the temple. This short in-
scription preserves an authentic testimony of a
city corporation with an organised machinery to
conduct its affairs. The corporation possessed

' Ep. Ind., Vol. XV, p. 263.

2 Ann. Rep. Arch. Snrv. India, 191 M 2, p. 56.

' Ep. Ind., Vol. I, p. 161.

CHAPTER II 147

lauded properties oF its own and could make gifts
and endowments in the name of the whole town.
Similar activities of a town corporation in the
middle of the tenth century A.D., are referred
to in the Siyadoni inscription which seems to
indicate that the affairs of the town were
" managed by an assembly of live called Fancha-
Jeula, and by a committee of two appointed from
,time to time by the town."^ It thus appears
that the town corporations existed till a very
late period in ancient India.

§ 6

J.^hc corporate organisation of the village or
town may be studied under two heads, viz., (1)
the powers and functions exercised by it and (2)
the administrative machinery by which these
were carried out.

The powers and functions, as in Vedic times,
may be broadly divided into

Powers avid functions , • i • • i i

of the village corpora, two classes, juQicial and execu-^
tive. The judicial powers of
the headman of a village {gamahhojaka) are re-
ferred to in the Jataka stories quoted on p. 136
above. It is not expressly mentioned in the
Jataka stories that he exercised them in conjunc-
tion with the villagers. The Kulavaka-Jataka,.
(sec p. 136) however, seems lo show that such

' Kp. Ind., Vol. 1, p. 167 fi.

148 CORPORATE LIFE

was the case at least in some villages. Here
the headman mourns the loss of fines paid by
the drunkards whose character
(i) Judicial. Avas improved by the Bodhi-

sattva. We are expressly told
in this case that the affairs of the village were
transacted by the villagers themselves. It is
legitimate to hold therefore that the judicial
powers, to which distinct reference is made,
formed part of these affairs. In other cases,
quoted above, the story-writers simply refer to
the headman as having inflicted punishments
upon the guilty. This need not, however,
necessarily imply that the headman alone had the
right to dispose of cases ; for the object of the
story-writer was merely to notice the punish-
ment meted out to the sruiltv ; he had no motive
to stop to explain the constitution of the tribunal
that passed the judgment.

The Kulavaka-Jataka further proves that
comparatively serious cases had to be sent to the
royal courts for decision. For here, the head-
man did not try the band of robbers, which, as
the tenor of the story shows, he would certair:ly
have done if he had the right to do so ; but the
accused were sent to the king for trial. It
may be mentioned here that the later Dharma-
sastras, while generally providing that the
^ assemblies of co-inhabitants should decide law-
suits among men, expressly exclude from their

CHAPTER It 149

jurisdiction causes concerning violent crimes
(sdhasa) .

Kautilya, as we have seen above, also refers
to the judicial powers exercised by the headman /
together with the villagers. They could fine a
cultivator who neglected his work and expel any
thief or adulterer out of the village boundary.'
We find here a further step in the development
of the corporate character of the villagers. 'J'hey
are expressly invested with joint rights and res-
ponsibilities, and could be punished by the king
for illegal exercise of their power.

The corporate organisation of villages re- .
tained its judicial powers during the period
represented by the Dharma-s'astras. As noticed
above, there is mention of the judicial powers of
the headman in Manu and Vishnu Smritis among
others. But the Brihasimti Smriti preserves
a satisfactory account of the judicial powers
exercised by the villagers in verses 28-30,
chapter I quoted on p. 63 above.

(It appears from these that the village Assem-
blies were looked upon as one of the four recog- ^
nised tribunals of the land. They were second
in point of pre-eminence, and heard appeals
from the decisions of the guilds (of artizans).
It would appear also that they could try all
cases short of violent crimes. The following
passages in the Narada Smriti seem to show that

^ ArthasSstra, p. 172:

150 CORPORATE LIFE

the law-givers in ancient days tried hard to bring
home to the people the serious responsibilities
that attached to their position as members of a
judicial assembly.

*' Either the judicial assembly must not be
entered at all, or a fair opinion delivered. That
man who either stands mute or delivers an
opinion contrary to justice is a sinner^

" One quarter of the iniquity goes to the
witness ; one quarter goes to all the members
of the court ; one quarter goes to the king.

" Therefore let every assessor of the court
deliver a fair opinion after having entered the
court, discarding love and hatred, in order that
he may not go to hell." (S. B. E., Vol. 88, pp.
38-39.)

The following passages in the Narada Smriti
further prove that the ' elders ' played a conspi-
cuous part in the judicial assembly and that
the latter was presided over by a chief judge.

" As an experienced surgeon extracts a dart
by means of surgical instruments, even so the
Chief Justice must extract the dart (of iniquity)
from the lawsuit.

" When the whole aggregate of the members
of a judicial assembly declare, '' This is right "
the lawsuit loses the dart, otherwise the dart
remains in it.

(''That is not a judicial assembly where
there are no elders. They are not elders who

CHAPTER II 151

do not pass a just sentence '' I {Jbid, pp.

89-40.)

The significance of the second passage quoted
above is uncertain. It seems to indicate that
the unanimity of opinion was necessary to estab-
lish the guilt of the accused.

A few actual cases illustrating the judicial
powers of the local popular \
indiln'r^'orcfs on'^the asscmblies are furnishecPby

vinit^rS;' '^^ ^^'^^^^ I^^d^^^^ ^^^^^rds of the
10th and 12th centuries. The
summary of a few of them is given below. ^

I. A village officer (?) demanded taxes from (
a woman who declared she was not liable. The '
former seems to have put her through an ordeal. '
The woman took poison and died. A meeting of ■
the people from '' the four quarters, eighteen
districts and the various countries " was held,
and it was decided that the man was liable. In
order to expiate his sin he paid 82 Mm for
burning a lamp at a temple.

II. A Scidra went a-hunting, missed his aim
and shot a Vellala. The agriculturists from " the
seventy-nine districts " assembled together and
declared the Sudra guilty. He was required to
present 64 cows to a temple.

III. The inscription is mutilated. But from
the preserved portion it appears that a man

' The summary of nos. I-Ul is taken from G. Ep. R. 1907, Sec. 42
(p. 77).

/

^.

152 COHPOKATK LIFE

pushed Ins wife and she probably fell down and
died in consequence. The one thousand and fiv^e

hundred men of the four quarters [assembled

and] declared the husband guilty. He was
required to provide for lamps in a temple.

IV. An inscription in the reign of Raja-
kesarivarman reports that a certain individual
shot a man belonging to his own village by
mistake. Thereupon the governor and the people
of the district to which the village belonged^
assembled together and decided that the culprit
shall not die for the offence committed by him
through carelessness but shall burn a lamp in a
local temple. Accordingly he j)rovided 16 cows
from the milk of which (jJiee had to be prepared
to be used in burning the lamp.'

V. According to another inscription "^ the
culprit had gone a-hunting but missed his aim
and shot a man. The people of the district at
once assembled and decided that the culprit shall
make over 16 cows to the local temple.

The ancient lawgivers also provided for special
judicial assemblies to decide cases for which
no rule was laid down. Such an assembly, t
according to Gautama, shall consist at least of |
the ten following members, viz., four men who 1
have completely studied the four Vedas, three
men belonging to the (three) orders enumerated

1 G. Ep. R., 1900, p. 11, sec. 26.

2 No. 77 of 1900, ihid.

CHAPTER II 153

I first, (and) three men who know (three) different
(institutes of) law (Gautama XXVIII. 48-49).

An actual instance of referring the decisioii
of a criminal case to a special judicial assembly
is furnished by a south Indian Inscription.^ [ .^.
A man was accidentally shot in a deer-hunt
and in order to decide the question of expiation
which was to be prescribed for the offender, the
Brahmanas of the village Assembly at Olakktir,
the residents of the main division and those of
the sub-districts met together and settled that a
lamp be presented to a shrine. \J^

Another instance is furnished by a dispute"! ^ ^
over the right of worship in Aragalur temple. \ (\}^^
The Judge referred the complicated issues to the r"
Mahajanas of several agrahars and ultimately
endorsed their decision.^

Reference may be made in this connection
to such expressions as ' Pancha-mandali,' ' Pan-
chall,' and ' Panchalika ' which occur in inscrip- s/
tions. Elect took them to be " the same as the
Panchayat of modern times, the village jury of 1 k
five (or more persons), convened to settle a dis- | ^TN>
pute by arbitration, to witness and sanction any I
act of importance, etc.^

The executive functions exercised by the vil-
lagers seem to have included

(it) Executive. ., « ,,

those of the collector, the

^ Govt. Epigraphist's Report for 1910, p. 95, sec. 30.

^ Ihid, 1914, pp. 96-97.

^ Fleet- Gupta Inscriptions, p, 32, f. n. 5.

20

154 CORPORATE LIFE

magistrate and the municipality of the present
day. The Kharassara-Jataka, referred to on
page 135 above shows that the headman was
expected to collect the revenues on behalf of the '
king and to secure the peace of the country with
the help of- local men. As we learn from the Kula-
vaka-Jataka, (see p. 136) that, though there was
a headman, the men of the village transacted the
affairs of their own locality, we must assume that
these functions did really belong to them, though
exercised through the agency of a headman. It
may be noted in this connection that both these"
functions formed essential elements of the village
communities down to the latest period of their
existence. The Dharma-sastras clearly indicate
that in addition to the above ^ the ancient village
organisations exercised the municipal functions.
Thus Brihaspati Smriti lays down the following
among the duties of a village corporation: — " The
construction of a house of assembly, of a shed
I for (accommodating travellers with) water, a
J temple,' a pool and a garden, relief to helpless
or poor people to perform the sarhskai^as or sacri-
ficial acts enjoined by sacred texts, the excava-
tion of tanks, wells, etc., and the damming of
M^ater-courses." ^

1 Of. Narada XIV. 22-24 quoted above on pp. 143-44 Of. also the
statement in V. III. 6 ff. ; M, VII. 115 ff.

^ Cf. the Gwalior inscription noticed above on pp. 146-47.

3 The whole passage has been fully discussed in connection with the
guilds, on p. 51.

CHAPTER II 155

The cost of these undertakings was probably
met out of the corporate fund. The Jataka\
stories and the statements of Kautilya quoted i J
on p. 135 ff., prove that the towns and villages
could levy fines and dues from the inhabitants
while the Gwalior Inscription (p. 146) shows that
they possessed corporate properties of their own.

We may next take into consideration the
executive machinery by which

The executive ma-
chinery of the village tlicsc f uuctious wcre Carried out.

At the head of the corporation
stood the headman who is variously styled as ^
Gramadhipa, Gramani, Gramakuta, Gramapati
andPattakila in the inscriptions and the Gamabho-
jaka in the Jatakas. He was sometimes nominated
by the king though the post seems in many cases
to have been hereditary ^ He was helped by a
council of two, three or five persons. The con-
stitutional power of this body is given in some
detail in Narada (Ch. X) and Brihaspati (Ch.
XVII). These have been already described
in connection with guilds (pp. 52-62) and need
not be repeated here. What has been said there
applies mutatis 'mutandis also to the village
Assembly. It will suffice to say that though the
headman and his council exercised considerable
authority, they were ultimately responsible to the
people at large who regularly met in an assembly
hall to discharge their corporate functions. They

^ Recht und Sitte, p. 93.

A

156 CORPORATE LIFE

had a right to make their bye-laws and frame
rules regarding the attendance of members.
Jtlegular discussions were carried on in the
assembly and the idea of liberty of speech was
probably not unknown.

A very interesting side-light is thrown on the
working of the executive machinery of the
corporations by the account of Megasthenes.
His well known account of the administration of
the city of Pataliputra may be taken to be appli-
cable to the other local corporations as well. The
essence of the whole system consisted in the
management of the municipal administration by
a general assembly and a number of small com-
mittees thereof, each entrusted with one particu-
lar department. Megasthenes' account seems to
be corroborated by the Bhattiprolu casket inscrip-
tion which refers to a committee of the inhabitants
of the town (p. 145). A number of South Indian
records prove that the system subsisted down to
the latest period of ancient Indian history.

§7

Indeed by far the most interesting examples
of the village Assemblies occur
inlouXindir'^''*'''''' ill southern India. A large
number of inscriptions prove
that they had a highly developed organisation
and formed a very essential element in the state
fabric of old. Thus the fourteen inscriptions

CHAPTER II 157

in the Vishnu temple at Ukkal, published in the
" South Indian Inscriptions, Vol. Ill, Part I."
(pp. 1-22), furnish a very instructive insight into
their nature and constitution. It will be well to
begin with a short summary of the important
portions in each of them.

1. The Assembly of the village received a
deposit of an amount of gold from one of the
commissioners ruling over another village on
condition of feeding 12 Brahmans and doing other
things out of the interest of this sum (p. 3).

2. A certain person made over a plot of land
to the great Assembly on condition that its
produce should be utilised for supplying the God
with a stipulated quantity of rice. The inscrip-
tion concludes as follows : —

" Having been present in the Assembly and
having heard (their) order, I, the arbitrator
{Madhyastha) (such and such) wrote (this)" (p. 5).

3. A certain person had purchased a plot of
land from the Assembly and assigned it to
the villagers for the maintenance of a flower
garden (p. 6).

4i. The Assembly undertook, on receipt of a
plot of land, to supply paddy to various persons
ensjasred in connection with a cistern which the
donor had constructep to supply water to the
public (p. 7).

5. The Assembly undertook to supply an
amount of paddy per year by way of interest of

158 CORPORATE LIFE

a quantity of paddy deposited with them. 1 he
"great men (Fertwiakkal) elected for the year "
would cause (the paddy) to be supplied (p. 6).

6. It refers to a meeting of the Assembly,
including '* the great men elected for (the
management of) charities (?)" and '^ the com-
missioners (in charge of the temple) of Sattan"
in the village. The Assembly probably assigned
a daily supply of rice and oil to a temple. In
conclusion we are told that " the great men
elected for (the supervision of) the tank" shall be
entitled to levy a fine of (one) kalanju of gold in
favour of the tank fund from those betel-leaf-
sellers in this village, who sell (betel-leaves)
elsewhere but at the temple of Pidari (p. 11).

^" 7. The inscription is mutilated and the sense

c not quite clear. It refers to " the land which

has become the common property of the

/ Assembly " and is a notification of its sale by the

Assembly on certain terms. " The great men

; ^ I elected for that year '* were to be fined if they

t / fail to do certain things the nature of which

: ' i *» cannot be understood (p. 12).

8. The Assembly accepted the gift of an
amount of paddy on condition of feeding two
Brahmanas daily out of the interest (p. 13).

9. It is a royal order authorising the village
to sell lands, of which the tax has not been paid
for two full years and which have thereby become
the property of the village (p. 15).

"^

CHAPTER II

159

10. It records a sale, by the village Assembly,
of a plot of land, which was their common
property, and of ^ve water levers, to a
servant of king who assigned this land for the
maintenance of two boats plying on the village
tank (p. 16).

11. The great Assembly, including "the great
men elected for the year" and "the great men
elected for (the supervision of) the tank," being
assembled, assigned, at the request of the
manager of a temple, a plot of land in the fresh
clearing for various specified purposes connected
with the temple (p. 18).

12. The village Assembly grants a village,
including the flower garden, to a temple, for the
requirements of worship there. The terms of
grant include the following.

" We shall not be entitled to levy any kind
of tax from this village. We, (the great men)
elected for the year, we, (the great men) elected
for (the supervision of) the tank, and we, (the
great men) elected for (the supervision of)
gardens, shall not be entitled to claim, at the
order of the Assembly, forced labour from the
inhabitants settled in this village.

** (If) a crime (or) sin becomes public, the
God (i.e., the temple authorities) alone shall
punish the inhabitants of this village (for it).
Having agreed (thus) we, the Assembly, engraved
(this) on stone.

160 CORPORATE LIFE

" We the Assembly agree to pay a fine of one
hundred and eight kanam per day if we fail in
this through indifference " (p. 20).

13. It is incomplete. The extant portion
records a session of the great Assembly ''including
the great men elected for this year, the great
Bhattas elected for (the supervision of) the tank,
and (all other) distinguished men " (p. 21).

14. The son of a cultivator in the village
assigned a plot of land in the neighbourhood,
from the proceeds of which water and firepans
had to be supplied to a mandapa frequented by
Brahmanas, and a water lever constructed in
front of the cistern at the mandapa.

The great men who manage the affairs of
the village in each year shall supervise this
charity (p. 21).

The fourteen inscriptions, containing, as they
do, the commands issued by the Assembly of a
single village, during the 9th, 10th and 11th
centuries, furnish the best evidence for the
organisation and importance of these institutions.

i'urther particulars about these village cor-
porations may be gathered from other inscrip-
tions. As these belong to different periods
and different localities it would not be quite
safe to draw a single homogeneous picture by
utilising the data which they supply. Never-
theless, by a careful scrutiny of these records,
we may hope to obtain a general idea of the

\i

CHAPTER II

161

essential characteristics of the village institu-
tions of southern India.

y

As the Ukkal inscriptions show, the Assembly
(Sabha or Mahasabha) foi*nied

The General j-i !• . . nj i»

Assembly. ^hc most important teature of

these village corporations, ft
exercised supreme authority in all matters
concerning the village and is frequently referred
to in inscriptions from southern India. It
appears from a careful study of these records
that the constitution of this body differed ii
different localities and probably also at different
times. According to an inscription at Tirumuk-
kudal Temple/ the local Assembly consisted of
the young and old of tht)
status^^™^^^**^'^'" ^° village. This seems to indicate
that it was merely a gathering of
the male adults of the village. Several inscrip-
tions, however, clearly distinguish the Assembly
from the people of the village, and according
to a few Chola inscriptions,^ several committees
with the learned Brahmans and other distin-
guished men of the village constituted the village
Assembly. This shows that in some cases, pro- \ ^
bably in many, the Assembly was a select body. ^

An inscription at Manur, of about the 9th
century A.D., lays down certain rules regarding
ihe constitution of the Sabha. " It is stated

21

» G. Ep. R., 1916, p. 116.

' G. Ep. R., 1905, p. 49, sec. 7.

ie-2 CORPORATE LIFE

that of the children of shareholders in the
village, only one, who is well behaved and has
studied the Mantra- Brcthmana and one D bar ma
{i.e., Code of LaAv) may be on the village assem-
bly to represent the share held by him in the
village and only one of similar qualifications
may be on the Assembly for a share purchased,
received as present, or acquired by him as
strldhana (through his wife) ; (2) that (shares)
purchased, presented, or acquired as strldhana
could entitle one, if at all, only to full member-
ship in the assemblies ; and in no case will
quarter, half or three-qu>.rter membership be
recognised ; (3) that those who purchase shares
must elect only such men to represent their
shares on the assembly, as have critically studied
a whole Veda Avith its parisishtas; (4) that
those who do not possess full membership as
laid down by rule (2), cannot stand on any
committee (for the management of village
affairs) ; (5) that those who satisfy the pres-
cribed conditions should, in no case, persistently
oppose (the proceedings of the assembly) by
saying ' nay, nay ' to every proposal brought up
before the assembly and (6) that those who do
this together with their supporters will pay a
fine of five kasu on each item (in which they
have so behaved) and still continue to submit to
the same rules. "^

1 G. Ep. R,, 1913, p. 98, par. 23.

CHAPTER II

168

It is clear from the insistence upon the
knowledge of the "Vedas as a condition precedent
for full membership, that the rules were meant
specifically for a bi^ah i adeya village, constituted
almost entirely of Brahmans. It is almost
certain, however, that the other regulations
or very similar ones, prevailed in ordinary
villages.

Attention may be drawn to the interesting
regulation about the working of the village
Assembly contained in the last two clauses
above. Queer as they undoubtedly are they
were no doubt intended as a check against
refractory members and there does not seem to
be any valid reason to conclude, as some scholars
have done, that they served as instruments in
the hands of the upper few to silence the opposi-
tion of the majority.

It is difficult to determine the relation
between the people and the Assembly, and
especially the amount of control the former
exercised over the latter. According to the
Manalikkarai inscription* quoted below, an
important royal proclamation was issued after
a consultation was duly held among the royal
officers, the members of the Assembly and the
people of that village. Again we learn with
reference to particular villages, such as
Tiruvidavandai, that private endowments were

Ind. Ant., Vol. XXIV, p, 308 £f.

164 CORPORATE LIFE

entrusted, in some cases to its Assembly, in other
i eases to its residents, and in not a few cases, to
; the, Assembly and the residents.

i- ' in four instances we have a specific reference
- to the number of men composing the sahhn.
According to a Tamil inscription^ the sahha of
Tiraimur consisted of 300 men and the citizens
of 4)00. A Kanarese inscription of Vikrama-
ditya VI ^ refers to 1,000 great men of Kukkanur
who met together to make a grant of land. We
learn from an inscription of Sundara Pandya I ^
that a village Assembly consisted of 512 mem-
bers. Again, an inscription of Tribhuvanamalla,
r I the Western Chalukya king,* records a gift to
^ I two hundred ^ great men of the village and
j Kalidasa, its chief. This inscription indirectly
establishes the fact that in many cases, if not
in all, there was a headman of the village, a
post, the existence of which is also testified to
by other inscriptions.

The status of these Assemblies, so far as it
may be inferred from their meeting places, con-
siderably varied, probably according to the
importance of the villages which they repre-
sented. In some instances we hear of halls

» G. Ep. R., 1908, p. 23, no. 212.

2 G. Ep. R., 1914, p. 55, no. 509.

3 G. Ep. R., 1918, p. 153, par. 43.
♦ G. Ep. R., 1919, p. 18, no. 213.

^ It is possible that the number refers to a committee of the
Assembly rather than to the Assembly itself. C/, below sec. 7.

CHAPTER II

built by kings for their meetings.^ Generally,
however, they met in local temples, Avhile in
some cases tlie shade of a tamarind tree seems
to have been considered as good enougli for the
purpose.^

Reference is frequently made to a corporate
body called Mahajanas. The term usually denotes
Bmhman householders but it
appears very likely that in some
cases they formed the local ruling Assembly.
They are mentioned in the Lakslimeshwar Pillar
inscription of the Prince Vikramaditya in the
early part of the eighth century A.D. as a
separate unit in a municipal area along with
other corporate organisations like guilds, etc^
A Kanarese inscription of the Rashtrakuta king
Krishna II records a gift by three hundred
Mahajanas,^ and another of the same king, dated
902-3 A. D., refers to a gift by a number of
Brahmans with, the approval of 120 Mahajanas.^
An inscription of the W. Chalukya king Trailo-
kyamalla, dated 1053-4 A ,D., registers the gift
of a garden, a wet field, ^Ye houses and on^
oil-mill for the worship of Jina by 120 Maha-
janas of Rachchuru.^

' G. Ep. R., 1916, p. 116.

^ G. Ep. R., 1910, p. 90, par. 21 ; G. Ep. R., 1916, p. 23, no. 260.

^ Ep. Ind., Vol. XIV, p. 189.

♦ G. Ep. R., 1904, p. 39, no. 53.

5 Ep. Ind., Vol. XIII, p. 190.

« G. Ep. R., 1919, p. 16, no. 201.

166 CORPORATE LIFE

We get an insight into the nature and con-
stitution of this body from an inscription of the
Chalukya king Tribhuvanamalla dated 1112 A.D.^
The king granted one entire village for the
supply of materials for offerings, food-gifts, alms,
and festival cloths for the God, the Lord
Mahadeva, of the Agrahara Ittage, and this
property was delivered "into the hands of
the Sheriff of the great Agrahara Ittage and
the rest of the four hundred Mahajanas "
who are described as endowed with all con-
ceivable virtues, including a knowledge of
the Vedas. Here it is quite apparent that the
four hundred Mahajanas formed the governing
body of the Agrahara with a chief corresponding
to the headman of an ordinary Village Assembly.
Similarly we read in the Managoji inscription
of the Chalukya king Jagadekamalla II, dated
1161 A.D.,^ that the king made a grant with the
assent of the five hundred Mahajanas of Manirii-
gavalli headed by the Mahaprabhu Madiraja.
It is interesting to note that the body is also
simply referred to as " the five hundred."

The facts brought together hardly leave any
doubt that the Agrahnras were ruled by the
body called Mahajanas in very much the same
way as an ordinary village by the Village
Assembly. The number 300, 400 and 500 clearly

' Ep. Ind., Vol. XIII, p. 36.
2 Ep. Ind., Vol. V, p. 9.

CHAPTER II

167

shows that the body was not an assembly of
all the adult Brahman males but their repre-
sentatives, although it is difficult to determine
at present the principle on which the selection
proceeded. It is likely, however, that the
method of representation closely followed the
system we have noticed above in connection with
the Brahmadeya villages.

Although

§ 8

the General Assemblv was the
supreme authority in the Village
thJviiiarAtmbi;' Corporations,thedetailedadmin.
istrative work seemed to have
been carried on in most cases by one or more
committees. As we have seen above, four or
five of them are specifically mentioned in the
Ukkal inscriptions : —

1. Great men elected for the year (5, 7, 11,
12, 13).

2. Great men elected for charities (6).
Great men elected for tank (6, H, 12,

:\

4-

3.

13).

4i. Great men elected for gardens (12).

5. Great men who manage the afPairs of
the village in each year (14).

The nature and duties of the second, third,
and fourth of the above committees are quite
evident from their designation. The first and
the fifth might have been different names for

J 68 CORPORATE LIFE

the same body, Avho looked over general and
•miscellaneous affairs not covered by the other
committees. The number and constitution of
these committees must have varied in different
villages. Thus two inscriptions at Uttaramallur
add the names of four more committees, viz.,
" Annual supervision," "Supervision of justice,''
" Gold supervision," and*'Pancha-vara-variyam."
The first is probably identical with Nos. 1 and
5 above, the second probably regulated the
currency and the third perhaps supervised the
work of the five committees of the village.^

A few Ghola inscriptions '^ of the 10th
century A.D., found in North Arcot district,
mention the names of several additional village
[committees, viz , (1) The ' great men for super-
vision of wards' (kurktmba), (2) the 'great men
for supervision of fields,' (3) the ' great men
(numbering) two hundred,' (4) the ' great men
for supervision of the village,' and (5) the 'great
men for supervising (i.e., looking after) the
udasluas (ascetics?). Keference is also made to
a 'committee to manage the affairs of the temple;'
but these are probably identical with the Nos.
(4) and (5). An inscription of Rajaraja I, dated
^ 'lin 996 A.D., also refers to the 'Tank supervision
• committee' and the ' Village supervision com-
mittee.'^ We also hear of a 'Land-survey

» G. Ep. R, 1899, p. 23; 1913, p. 105.
2 G. Ep. R., 1905, p. 49, para. 7; 1915, pp. 115-6.
^^ G. Ep. R,, 1918, p. 143.

[AFTER 11

169

4

Committee '* and a ' Committee of Justice,^ the
,\ latter having counted a lady among its members.

The Masulipatam plates of Chalukya Bhima
II (934-945 A.D.) ' refer to the 'committee of
five ' and ' the youths eloquent at Comniittee
Assemblies (vara-goshthl).^ This shows that
youngmen served in these committees and freely
joined in the discussions. Three inscriptions
from Nattam refer to two committees. One of
these, the ^ samvatsara-variyam^ or the Annual
supervision committee consisted of 12 members
and formed a part of the great village Assembly.
' Ur-vcmyam' was the name of one of the village
officers, or of a committee of officers, whose func-
tion evidently was to see the lands of the village
properly cultivated and to collect the produce.

A very interesting and detailed account of
the constitution of these com-
comriuees'.''" "' ''' mittees is furnished by two
inscriptions at XJttaramallur.
The free rendering of the later of these Iwo
records (which is merely an amended version
of the earlier) may be quoted here to give an
idea of the method by which these committees
were formed.*

i^

1 G. Ep. R., 1914, p. 30.

^ G. Ep. R., 1910, pp. 98-99, para. 35.

Ep. Ind., V, pp. 137-138.

G. Ep. R , 1899, p. 23 ; also Arch. Surv. Rep., 1904-5, p. 140.
For the difference between the two versions and the improvements
effected by the later upon the former c/. G. Ep. R., 1899, pp. 27-30.

170 CORPORATE LIFE

"This was the way in which (we, the
members of the Assembly) made rules for
choosing, once every year, * annual supervision,*
'garden supervision' and Hank supervision'
(committees).

(1) There shall be thirty groups (or wards)
(in Uttaramallur).

(2) In these thirty wards those that live in
each ward shall assemble and shall choose men
for ^pot tickets' (kudavolai).

The following were qualifications which one
must possess if he wanted his name to be entered
on the pot ticket and put into (the pot).

{a) " He must own more than a quarter (veli)
of tax-paying land."

(b) "He must have a house built on his
own site."

(c) " His age must be below 70 and above 35."

(d) "He must know the Mantrabrahmana
(i.e.) he must know it himself and be able to
teach (it to others)."

(e) " Even if one owns only one-eighth (veli)
of land, he shall have (his name) written on a
pot ticket and put into (the pot) in case he has
learnt one Veda and one of the four Bhashyas,
and can explain it (to others)."

(/) "Among those (possessing the foregoing
qualifications)

(I) Only such as are well conversant with
business and conduct themselves ac cording to

CHAPTER II

17i

sacred rules shall be chosen ; and (II) those
who have acquired their wealth by honest means,
whose minds are pure and who have not been
on (any of) these committees for the last three
years shall also be chosen."

{g) (I) '' Those who have been on any of
these committees but have not submitted their
accounts, and their relations specified below, shall
not have (their names) written on the pot tickets
and put (into the pot).

(II) The sons of the younger and elder
sisters of their mothers.

(III) The sons of their paternal aunts and
maternal uncle.

(IV) The brothers of their mothers.

(V) The brothers of their fathers.

(VI) Their brothers.

(VII) Their fathers-in-law(?).
(Vlli) The brothers of their wives.

(IX) The husbands of their sisters.

(X) The sons of their sisters.

(XI) The sons-in-law who have married the
daughters of disqualified persons.

(XII) Their fathers.

(XIII) Their sons.

{h) (I) "Those against whom illicit sexual
intercourse or the first four of the five great
sins," viz,^ (1) killing a Brahmin, (2) drinking
intoxicating liquors, (3) theft, (4) committing
adultery with the wife of spiritual teacher and

172 CORPORATE LIFE

(5) associatiDg with any one guilty of these
crimes, are recorded ; and

(II) all their various relations above specified
shall not have (their names) written on the pot
tickets and put into (the pot).

(i) " Those who have been outcast for asso-
ciation (with low people) shall not, until they
perform the expiatory ceremonies, have (their
names Avritten) on the pot tickets (and) put
into (the pot)."

(j) *' Those who are fool-hardy, shall not have
(their names written on the pot tickets and put
into (the pot)." [The whole of this clause is not
preserved in the original which is damaged here.]

(k) " Those who have stolen or plundered the
property of others shall not have (their names)
written on the pot tickets and put into (the pot)."

(/) " Those who have taken forbidden dishes ;?)
of any kind and who have become pure by reason
of having performed the expiatory ceremonies,
shall not, to the end of their lives, have (their
names) written on the pot tickets and put into
(the pot) (to be chosen to serve on) the
committees."

(m) (I) " Those who had committed sins

[here again the original is damaged] anJ have
become pure by performing expiatory ceremonies ;
(II) Those who had been village pests and
have become pure by performing expiatory
ceremonies ;

CHAPTER It

173

(III) Those who had been guilty of illicit
sexual intercourse and have become pure by
performing expiatory ceremonies ;

all these thus specified shall not, to the end
of their lives, have (their names) written on the
pot tickets for (any of these) committees and
put into (the pot)."

" Excluding all these, thus specified, names
shall be written for ' pot tickets ' in the thirty
wards and each of the thirty wards in the twelve
hamlets (of Uttaramallur) shall prepare a
separate packet with a covering ticket (specify-
ing its contents) tied to it, (Those packets)
shall be put into a pot. The pot tickets shall be
opened in the midst of a full meeting of the
village assembly, including the young and old
(members), convened (for the purpose). All the
temple priests, who happen to be in the village
on the day in question, shall, without any
exception whatever, I e seated in the village
hall (?) where the assembly shall meet. In the
midst of the temple priests, one of them who
happens to be the eldest shall stand up and lift
an (empty) pot so as to be seen by all the people
present. Any young boy Avho knows nothing
about the matter shall hand over to the stand-
ing priest one of (the packets from the thirty
wards. The content (of the packet) shall be
transferred to the (empty) pot and (well)
shaken. From this pot one ticket shall be taken

)U CORPORATE LIFE

out (by the young boy ?) and made over to the
arbitrator. While taking charge of the ticket
the arbitrator shall receive it on the palm of his
hand with the five fingers open. He shall read
out (the name on) the ticket thus received.
The ticket read by him shall also be read out
by all the priests then present at the hall The
name thus read out shall be put down (and
accepted). Similarly one man shall be chosen
for each of the thirty wards."

**0f the thirty persons thus chosen, those
who had previously been on the ' garden super-
vision' (committee) and on the * tank supervision'
(committee), and those who are advanced in
learning and those who are advanced in age, shall
be chosen for (the committee of) ' annual
supervision.' Of the rest, twelve shall be taken
for the ' garden supervision' (committee), and the
remaining six shall form the ' tank supervision'
(committee). The last two committees shall be
chosen after an oral expression of opinion(?). Thej/ x
great men who are members of these three com
mittees shall hold office for full three hundred and
sixty days and then retire. If any one who is on
the committees is found guilty of any offence, he
shall be removed (at once). Por appointing the
committees after these have retired, the members
of the committee for ' supervision of justice ' in
the twelve hamlets (of Uttaramallur) shall con-
vene a meeting with the help of the arbitrator.

S

CHAPTER II

175

The selection shall be by drawing pot tickets
according to this order which lays down the
rules (thereof).'*

" For the Pancha-vara-variyam and the (com-
mittee) for ' supervision of gold,' names shall be
written for * pot tickets ' in the thirty wards ;
thirty (packets with) covering tickets shall be
deposited in a pot and thirty pot tickets shall be
drawn (as previously described). Prom these
thirty tickets twelve men shall be selected. Six
out of these twelve shall form the ' gold super-
vision ' (committee) and the remaining six con-
stitute the Tancha-vara-variyam.' When drawing
pot tickets for (the appointment of) these (two)
committees next year, the wards which have
been already represented (during the year in
question) on these committees shall be excluded
and the appointments made from the remaining
wards by an oral expression of opinion (?).
Those who have ridden on asses and those who
committed forgery shall not have (their names)
written on the pot tickets and put into (the pot).

" Arbitrators and those who have earned their
wealth by honest means shall write the accounts
(of the village). One who was writing the
accounts shall not be appointed to that office
again until he submits his accounts (for the
period during which he was in office) to the
great men of the big committee (in charge) of
the accounts, and is declared to have been honest.

176 CORPORATE LIFE

The accounts which one has been writing he
shall submit himself, and other accountants shall
not be brought to close his accounts."

" Thus, from this year onwards as long as
the moon and sun endure committees shall
always be appointed by ' pot tickets ' alone. To
this effect was the royal order received."
[^ The elaborate rules laid down above for the
election of committees most strikingly illustrate
the ultra-democratic character of these village
corporations. It is evident that the functions of
the corporations were mainly carried on by means
of these committees and that is undoubtedly the
reason why so great precautions were taken to
safeguard them against corruption. The natural
evils of a popular and democratic constitution
were sought to be eradicated without injuring
its spirit and vitality, and the regulations which
they drew up for the purpose mu^t be pro-
nounced to be a remarkable piece of legislation
characterised alike by sagacity and foresight.
Some of the provisions in the foregoing regula-
tions extort our unstinted admiration. Though
ordinarily no man possessing less than a quarter
* veli ' of tax-paying land could stand as a
candidate for any one of these committees,
r exception was made in favour of persons, possess-
v1 ing a certain amount of education. The regula-
tion (g), that only those who have not been on
any of these committees for the last three years

CHAPTER II 177

would be chosen, is certainly calculated to give
every villager a chance of serving on them and
thus qualifying himself for the responsible
membership of the corporation to which he
belonged.' The method of electing members,
, carefully eliminating, as it did, all chances of
\ corruption and personal influence, may be

11 fairly compared with all that we know about
the republican states of ancient and modern
World.
A curious side-light is thrown on the work-
ing of the above regulations by an inscription^
Avhich records an agreement (vyavastha) by the
village Assembly dismissing a village accountant
who had cheated them and preventing his
descendants and relations from writing the ac-
counts of the village.
The village corporation seems to have been
liable for debts incurred by their employees.
According to an inscription of the 48th year of
* y Kulottunga I (A.D. 1117-18),^ two men who had
^L*^been writing the accounts of a village in A.D.
Wf 1115-16 appear to have incurred debts and to

have left the village without discharging them.
The village corporation, whose employees the

The principle is carried still further by a Chola Inscription accord-
ing to which the Assembly arranged to have the village administration
attended to by those who consented to vacate their seats by the year
according to old custom (G. Ep. R., 1915, p. 18, no, 92).

G. Ep. R., 1905, pp. 27, 54.

G. Ep. R., 1907, p. 76, para. 39,
23

178 COKPORATE LIFE

accountants must have been, was required to pay
the debts by selling some fields.

Some interesting details about the working
of the village xissemblies may also be gathered
f torn a large number of Chola inscriptions^ fromk
Brahmadesam a village in the North Arcot dis«*
trict. The records show that it was an agrahara
with an organised village Assembly called Ganap-
j^eTiimahhal or Ganavariyappertimakkal. They
invariably mention the Assembly and its
activities. Many committees must have worked
under its control. One of these was a committee
to manage the affairs of the village {ganavariyam)
and another to manage those of the temple
(Koyilvariyam), The accountant of the latter
committee was named or entitled Trairajya
ghatika-madhyasta ^ " the arbitrator of the col-
lege (named) Trairajya." The grant recorded
in inscription no. 194 is stated to have been
entrusted by the Mahasabha (great assembly) to
the great people of the ^^^;«mHi/«m doing duty
in that year, and if they failed, it was stipulated
that the sraddhamantas (i.e., those who interest-
ed themselves in the charity?) would collect a
fine from each member of that committee on
behalf of the king. The Assembly also had,
evidently under its control, a body of madhyastas
(arbitrators) who wrote the tank accounts and

' G. Ep. R., 1916, pp. 115-16 .

^ For this officer see also Ukkal Inscription no. 2.

CHAPTER II

179

received for maintenance four ' ucili ' of paddy
every day, seven 'halanju' of pure gold
every year and a pair of cloths. In presenting
accounts for audit by the Assembly each of these
was required to undergo the oideal of holding
red-hot iron in his hand. If he came out safe
(and hence also pure) he would be presented
with a bonus of one quarter of the surplus
{padasesha ?). If, on the other hand, he burnt
his hand (and hence in default) he would be fined
10 'kalanjii' without of course further bodily
punishment inflicted upon him. The Ganap-
perumaklicd who formed the general body of the
Assembly appear also sometimes as the managers
of the temple. In that capacity they once seem
to have given an agreement that if they destroy-
ed the gold that was assigned to the temple they
would each pay to the Mahesvaras of the temple
a tine of 24 kmiam.

§ 9

The corporations possessed absolute authority
over the village lands and were

Relation between o-PTiPvaliV Ipft lUldisturbed \X\
the Village Assemblies gtUeiailJ leiL UUUISIUI Ueu lU

ind the Central Gov- ^j^^ internal manafi^cmcut of
the villages. They were, how-
ever, responsible for the payment of tax€S due
from the village and we have an instance on
record where the members of a Village Assembly

m CORPORATE LIFE

were arrested and imprisoned for the unpaid
balance of the royal revenue. V The situation was
saved by some Brahmana members of the Village
Assembly who sold 80 veils- of land for 200 Msn
in order to clear up the revenue arrears.'

It appears from the Tiruvallam inscription -
that the royal officers supervised their accounts
from time to time. The inscription No. 12 at
tjkkal as well as several other records '^ show
that the Village Assembly was liable to fine for
dereliction of duty and an inscription of the time
of Rajaraja 1/ dated 996 A. D., also refers to
the same thing with interesting details. We are
told that the Assemblv of Tribhuvana-mahadevi-
chaturvedi-mafigalam met in a pavillion and
made an agreement to the following effect with
regard to a village which was purchased from
the Assembly by a certain person and granted
to the local temple. " The said assembly shall
not levy any other tax than skldhay ', dandai/a
and panchavara. It shall not be lawful for
them to violate it or to levy any kind of tax
such as sillirai which are not mentioned in the
rates already fixed. In respect of this village
the members of the ' Tank Supervision Commit-
tee' and the ' Village Supervision Committee ' and

1 G. Ep. R., 1913, p. 109.

- South Ind. Ins., Vol. Ill, Part I, no. o7.

3 G. Ep. R., nos. 342 and 343 of 1903, and no. 2G8 of 1911.

* G. Ep. E., 1918, p. 143.

CHAPTER 11 181

* the uramaiseyvar ' working for the year shall
not receive any kind of payment in rice or
paddy as amanji. Such of the members of the
committee who misappropriated the collection of
such taxes and signed the order for levying
them shall be liable to pay a fine of twenty-five
halanjii of gold which shall be collected by the
demkaumis (i. e., the managers of the temple).
Even after paying the fines, they (the members
of the varii/am), shall be liable to pay a fine to
the Dharmmana (the Court of Justice) at the
place they choose and at the rates fixed in
the agreement. The accountant of the variyam
who allowed the unlawful collection shall be
asked to pay vetti. Those who say *nay ' to this
order and those by whom they are so instigated
shall be made to pay a fine of fifteen kalanju to
the Dharmasaiia by the Decakamnis ; and they
shall thereafter be made to obey the same
order." The Tirumalpuram inscription recites an
instance where the Assembly was actually fined
by the king on the complaint brought by the
temple authorities that it was misappropriating
part of the revenues assigned to them.' On the
other hand the village Assembly could bring to
the notice of the king any misdoings of the
servants of any temple within the area of the
village.^

» G. Ep. R., 1907, p. 71.

- G. Ep. R., 1909, p. 83, para. 28.

J 8-2 CORPORATE LIFE

Some of the regulations which the Assembly
passed required the sanction ot* the king. Thus
we are told at the end of the Uttaramallur
llegulation : " to this effect was the royal order
received." Again in the inscription No. 9 at
Ukkal we have a royal charter according sanc-
tion to the village Assembly to sell lands of those
who have not paid taxes {Of, also instances
quoted in G. Ep. E. 1910, p. 92). On the other
hand any royal charter affecting the status of a
village must be sent for approval to the village
iVssembly before it was registered and sent into
the record office. This is proved by an inscrip-
tion of Vira Rajendra.'

Two Ti'avancore Inscriptions '^ of the 12th
century A. D. also strikingly illustrate this
right of the village corporations. The first
records the grant of some paddy lands by the
royal officers of Venad wdth the object of pro-
viding for the daily offerings in a temple. The
second inscription purports to be a charter exe-
cuted by the royal officers and the people of the
village assembled together. It records that in
accordance with the royal proclamation they have
made over the paddy lands to the servants of
the temple, subject to minor charges and deduc-
tions, and concludes with the remarkable clause :
" in witness whereof we the people of Talakkudi

' Keferred to by Mr. S. K. Aiyaugar in *' Ancieut India," pp. 177-8.
» Ind. Ant., Vol. XXIV, pp. 257-8.

CHAPTER II 183

(hereunto affix) our signatures," and the signa-
tures follow. The editor of these two inscrip-
tions remarks as follows : " It is remarkable that
the people of Talakkudi had the right to execute,
and in a manner to ratify, the royal grant. The
reservation as to minor charges and deductions,
appearing in this (the latter) inscription but
absent in the former, would point to certain
cesses levied by village associations, on lands
falling within their union." Another Travan-
core Inscription of vvhich the summary is
quoted later also shows by its preamble
that the proclamation which it contains was
issued ''^ after a consultation having been duly
held among the royal officers, the members of
the village assembly and the people of the
village." A number of Pandya inscriptions
conclusively prove that all royal orders regard-
ing gifts of lands, or making lands tax-free, had
to be regularly communicated to the Assembly
of the village to which the lands belonged.
The Assembly then met together, received the
official document, proclaimed tlie particular
lands to be tax-free by an executive order and
sometimes fixed the boundaries.^

Reference may be made to several other
inscriptions testifying to the important position
occupied by the Village Assembly in ancient

' G. Ep. K. 1917, p. IU>, para. 8.

184 CORPORATE LIFE

Indian polity. An inscription of the Chola king-
Rajaraja III registers an order of the prince to
his officer through thu citizens of Mummad
Solapurain.' Another inscription of the Pandya
Kulasekharadeva registers an order of the
Village Assembly under the instruction of (the
king), for acquiring certain private houses which
were required in constructing the second
prakara of the local temple.- An inscription
of Rajadhiraja I, dated 1048 A. D., records that
the Assembly of Rajaraja-chaturvedi-mangalam
met in a pavilion in company with the governor
of the town, and gave effect to an order of the
king issued under the signature of his royal
secretary, stating that on the lands belonging
to a certain temple only the lowest rate of tax
needs be levied.*^

It appears that sometimes the members of a
Village Assembly had audience of the king on
public business. An inscription,* dated in the
5th year of the reign of Kulasekharadeva, states
that the members of the Assembly of Tirup-
puttur wished to pay their respects to His
Majesty, and wanted money for the expenses
of the journey. The visit contemplated being
probably one of public interest tlie Assemlily

1 G. Ep. R., 1909, p. 10.

2 G. Ep. R., 1917, p. 27, no. 40R.
^ G. Ep. R., 1918, p. U7.

* G. Ep. R., 1909, p. 84, para. 28.

CHAPTER II

186

made certain temple lands rent-free and received
120 * kasu ' from the tenants/

There are frequent references to cordial rela-
tions between the Assembly
Cordial reiatious be and tlic king. A poct com-

tween the Assembly , ,_ i 'p • ii

and the King. poscd a kavtja glorifymg the

king, and the Assembly was
required to listen to it, and adjudge its merits,
by a royal order. The ilssembly was evidently
satisfied with his productions and made him a
gift of land.^ Several inscriptions ^ record gifts
of land by the xVssembly, or other religious and
charitable acts performed by them, for the sake
of the health of the king, or for celebrating a
royal victory. We learn from an inscription
at Alaiigudi * that special prayers were offered at
a temple, at the expense of the Village Assembly,
for the recovery, from ill health, of a member
of the royal family. Another inscription^ re-
cords that the Assembly, in company with the
prince, opened water-works and performed
consecration ceremony of the God.

§ 10

The Ukkal inscriptions are calculated to give
a very fair idea of the general powers and

' Cf. also ihid, p. 17, nos. 103, 104.

- G. Ep. R., 1919, p. 66, no. 198.

' G. Ep. R., 1909, p. 26, nos. 195, 196 ; G. Ep. R., 1919, p. 96, para. 18.

* G. Ep. R., 1899, p. 20, para. 53.

' G. Ep. R., 1918, p. 32, uo. 347.

u

186 CORPORATE LIFE

functions of the village Assembly. These prove

beyond all doubt that the

Powers aud tuuc- village corporatious had reached

tions of the Village i • i j_ i p p l*

Assembij. a vcry high state or perfection.

They were looked upon as part
aud parcel of the constitution of the country
and were entrusted with the entire management
of the village. They were practically the abso-
lute proprietors of the village lands including
fresh clearings, and were responsible for the
total amount of revenue to the Government.
In case the owner of a plot of land failed to pay
his share it became the common property of the
corporation which had a right to dispose of it to
realise the duesi (Nos. 9, 7, 10). The corpora-
tions also seem to have exercised the exclusive
right of administering justice (No. 12 ; also see
ante p. 151).

A careful analysis of the Ukkal inscriptions
will further show^ that the corporation practically
exercised all the powers of a state within its nar-
row sphere of activity. It possessed corporate
property (3, 7, 9, 10) which it could sell for
public purposes (3, 7, 9, 10) such as providing

* Another instance is furnished by an inscription of the time of
Kajendra Choladeva I. The village Assembly of Ratnagiri sold by pub-
lic auction a piece of land, after having paid the taxes on it for 15 years
on behalf of the original holders who left the place to live elsewhere
without arranging to pay the accumulated dues on the land (G Ep. R.,
1915, p. 98). For other instances see G. Ep. R., 1910, p. 92.

' The figures indicate the serial number of inscriptions referred
to above.

CHAPTER ir 187

for the necessities of a temple (6, 11, 12) which
seems to have been looked upon as an important
part of its duties. It was a trustee for public
charities of all kinds, and. received deposits of
money (1), land (2, 3, 4, 10, 14) and paddy (5, 8)
under the condition to provide, out of their
interest, the things stipulated by the donors.
These included, feeding of Brahmans (1), sup-
plying rice to the God established in a temple
(2), supply of paddy to specified persons (4, 5),
maintenance of flower garden (3), maintenance
of boats (10) and the provision of water and
firepans to Brahmans (14). The corporation
could regulate the market and assign particular
place for the sale of particular commodities (6).
It could regularly impose taxes (12), and even levy
extra tolls for specific objects of public utility.
It had also the power to exact forced labour
from the inhabitants of the village (12). Some-
times the corporation exercised jurisdiction over
other villages and the instance furnished by No.
12 is interesting, inasmuch as it shows that the
corporation of Ukkal possessed another village
more than 3 miles distant, and this was granted
away, free from all taxes and customary dues,
in order to provide for the necessities of a temple
in Ukkal itself.

188 CORPORATE LIFE

§ 11

The proper maintenance of communication
and irrigation seems to have demanded the
special care of the village corporations. An
inscription at Uttaramallur ' reports that a
certain road in the village had been submerged
under water and became unfit to be used even
by cattle. Consequently, the village corporation
decided that the road should

Proper maintenance ^3^ widened. Eor this purpOSC
of the means of com- i -^

muuicationandirnva- j^nd had to be acquircd by

purchase from the ryots of the

village. The duty of acquiring the land and

making the new road was assigned to the

'Garden Supervision Committee.'

A number of inscriptions refer to the irriga-
tion works undertaken by the village corpora-
tions. Thus two inscriptions ^ from Trichinopoly
district record the arrangement made by a
Village Assembly for removing silt. 140
baskets of earth had to be taken out of
the tank and deposited on the bund every
day. The establishment consisted of six labour-
ers, a supervisor, a carpenter, a blacksmith and
fishermen, who were paid stipulated quantities
of paddy. Several records register gifts of
money by private individuals, the interest of

O. Ep. R,, 1899, p. 23.

G. Ep. R., 1903, Nos. 342, 343.

CHAPTER II

l:

which was to be spent by the Assembly in
annually removing silt from the tank and de-
positing it on the bund. In one case the Assembly
expressed their gratification at the charitable
act of the donor and exempted him from the
payment of certain taxes. One endowment
provided for the upkeep of a ' second boat '
which was to be employed for removing silt.
Another inscription records that the Village
Assembly of Uttaramallur accepted an endow-
ment and undertook to arrange for the removal
of silt every month from the local tank.'

Besides private donations as erippatti the
income from which went to meet the cost of
repairs of tanks, there was also a regular tax
called eri-ayam collected for the same purpose.^
A Chola inscription of the 10th century A.D.^
states that the villagers agreed to contribute
towards the repair of the tank. ' The Committee
for Supervision of Tanks ' in the village levied
the contributions and agreed to arrange for the
removal of silt annuallv.

In addition to private donations and the,
general tax, the Assembly resorted to other
expedients to get money for irrigation purposes.
Thus we learn from a Chola inscription^ that

' Cj. Mr. Venkayya's article in Ann. Rep. Arch. Snrv. India,
1903-4, pp 206 ff., on which this paragraph is mainly baaed.
' a. Ep. R., No. 140, of 1919 ; also cj. No. 66, of 1919.
=* a. Ep. R., No. 178 of 1902.
' G. Ep. R., 1912, p. 16, No. 214.

190 CORPORATE LIFE

the Assembly received an endowment of 100
kasti from an individual for providing ofPerings
in a temple and for expounding Swa-dharma in
the Assembly-hall built in the temple by the
same person. They utilised the sum for repair-
ing damages caused by floods to irrigation
channels. Another inscription ^ states that
certain ryots had failed to pay the dues on their
holdings. The Village Assembly paid the
amount for them, and their land was taken over,
for the benefit of the tank, for three years. If
the defaulters failed to pay up their dues at
the end of the term, the land would be sold
for the benefit of the tank.

The iVssembly had full pow^ers to acquire
private lands for purposes of irrigation, for we
learn from a Chola ioscription ^ that the
Assembly gave lands in exchange for fields taken
up by the bed of their newly constructed tank.

All these varied duties were no doubt per-
formed under the immediate direction of 'the
Tank Supervision Committee.'

§ 12

Even the most well designed schemes of
irrigation were bound to fail at times and then
the villages must have suffered from famine and
scarcity. The Village Assemblies had terrible

' G, Ep. R., 1898, No. 61. ^ G. Ep, R., 1907, No. 84.

CHAPTER II

191

Famine relief.

responsibilities on these occasions and the
evidence at hand shows that they manfully
faced them.

An inscription at Alaiigudi,^ dated in the
6 th year of Rajaraja, refers to
a terrible famine in the locality.
The villagers had no funds to purchase paddy
for their own consumption, seed grains and other
necessaries for cultivation. For some reasons,
the famine-stricken inhabitants could expect no
help in their distress from the royal treasury.
Accordingly the Assembly obtained on loan a
quantity of gold and silver consisting of temple
jewels and vessels from the local temple treasury.
In exchange for this the members of the Village
Assembly alienated 8f veli of land in favour of
the God. From the produce of this land the
interest on the gold and silver received from the
temple was to be paid.

A Chola inscription also records that the
Assembly borrowed money from temple treasury
on account of ** bad time " and '* scarcity of

grams.

The Government seem to have fully recog-
nised the heavy responsibility of the Assembly
and the faithful manner in which they dis-
charged their duty. Hence they sometimes
empowered the corporations to regulate the

' G. Ep. R., 1899, p. 20, para. 53.
= G. Ep. R., 1914, p. 45, No. 397.

192 CORPORATE LIFE

Goverrment dues with a view to the actual
eondition of the country. A very remarkable
instance occurs in the Manalikkarai Inscription
of Vira Ravi Keralavarman dated in the year
'J^IO of the Kollam Era ( = 1156-57 ^aka or
1234i-35 A.D.) of which the substance is given
below.

" In the year 410 is issued the following
proclamation after a consultation having been
duly held among the loyal chieftains ruling at
Venad and the members of the assembly (Sabha)
of Kodainallur and the people of that village,
as well as Kondan Tiruvikramau, entrusted with
the right of realising the Government dues.
Agreeably to the understanding arrived at in
this consultation we command and direct that
the tax due from Government lands be taken
as amounting in paddy to (such and such
measure). In seasons of drought and consequent
failure of crops the members of the Sabha and
the people of the village shall inspect the lands
and ascertain whidh have failed and which have
not. The lands that have failed shall be assessed
at one-fifth of the normal dues. Similarly the
members of the Sabha and the people should
report to the officer-in-charge if all the taxable
lands equally failed, and after the said officer
was satisfied by personal inspection, one-fifth
only of the entire dues shall be levied. If the
member of the Sabha and the people agree

CHAPTER II . 193

among themselves and pray in common for the
postponement of the payment as the only course
open to the majority among them, this demand
(i.e., one-fifth the usual rate) shall be appor-
tioned over all the lands paying tax to Govern-
ment (to be levied in the subsequent harvest)
but without interest."^

§ 13

It has been noted above, in § 9, that the
inscriptions prove the village
th^e'tlVetsTely:! Assembly to have exercised
plopie!^' ^^^^' ^^^ practically an absolute autho-
rity over all village concerns.
As we have seen they were the proprietors of
village lands, and their power of selling lands '^
and making them tax-free^ is clearly proved
by a number of records. There is even one
instance where the queen had to purchase
lands* from them. They could also impose
taxes and imposts of various descriptions and
borrow money for communal purposes.^ That
they did not play a despot and were generally
restrained by constitutional usages and other

^ Ind. Ant., Vol. XXIV, p. 308 ff.

« G. Ep. R., 1904, p. 32, No. 386 ; 1907, p. 16, No. 71 ; p. 32,
Nos. 287, 291 ; p. 33, No. 297.

' Ep. Ind., Vol. Ill, p. 285, G. Ep. R., No. 153, of 1919.

* G. Ep. R., 1905, p. 32, No. 669.

» G. Ep. R., 1919, p. 67, No. 212 ; also the extract from G. Ep.
B., 1918, p. 143, quoted above.

25

194 CORPORATE LIFE

checks is proved by an inscription of Vikrama
Chola.' The members of the Assembly of
Tirunaraiyur had spent on communal business
money in excess of the sanctioned amount and
as they could not impose additional taxes on the
people, they sold a piece of land to the temple
in return for the money which they apparently
got from the temple treasury, i

A singular instance of the authority some-
times exercised by the Village Assembly over
private individuals is furnished by the following
regulations : — " Persons who are qualified to do
the services of accountancy, carpentry, etc.,
should take up such services in the village only.
Those who engage themselves in these services
beyond the village Avill be considered to have
transgressed the law, to have committed a fault
against the Assembly and to have ruined the
village.'"^

A large number of South Indian records
hold out the Village Assembly

Village Assembly afi • xi n i- r u

Public Trustees and aS SCrVlUg the lUnctlOUS 01 pub-
local Banks. ^• , i i i i i i -nr

he trustees and local banks. We
have already noted in the case of Ukkai inscrip-
tions that they kept deposits of money out of the
interest of which they fulfilled the conditions

,1 G. Ep. R., 1909, p, 96, para. 46.
» G. Ep. R., 1919, p. 66, No. 205.

CHAPTER II 195

laid down by the donor. This interesting func-
tion of the yilla^e Assembly is referred to with
some additional details in an earlier inscription
from a different locality. The Ambasamudram
inscription of the Pandya king Varaguna ^ (9th
century A.D.) records that he gave into the hands
of the members of the Assembly of Ilangok-
kudi two hundred and ninety ^ ka8U,' from the
interest of which, the capital remaining unspent,
offerings had to be provided for to a certain
temple. For this (amount) the members of the
Assembly had to measure out five hundred and
eight ' kalam ' of paddy per year (as) interest,
at the rate of two ' kalam ' for each * kasiL' Out
of this (income) the servants of the lord and the
committee of the Assembly were to jointly pay
for offerings four times a day according to a scale
which was laid down in great detail.

Seventeen instances ' of the similar function
of Village Assemblies are furnished by the
Chola inscriptions in Tanjore temple. Out of
the money deposited with them they were to
furnish, as interest, either a sum of money or
specified quantities of paddy to the temple.

A Tamil inscription records the gift of a piece
of land to the Assembly on condition that they
should burn a lamp in a local temple.'^ The

^ Ep. Ind., Vol. IX., pp. 84 ff.

"^ South Ind. Ins., II, Nos. 9-19, 25-28, 35, 54.

» G. Ep. R., 1905, p. 33, No. 685.

196 CORPORATE LIFE

supervision of the charity was entrusted to * the
Annual Tank Supervision Committee/ Another
inscription ^ records that the Assembly received
75 lalahjus of gold for feeding daily live Brah-
manas. Of the fourteen inscriptions in Tiruk-
kovalur^ temples published by Hultzsch, six
refer to deposits of money and paddy with the
Assembly on condition that they should perform
certain specified charitable acts.

Sometimes the Assembly received a fixed
deposit and, by way of interest, remitted the
taxes on certain lands, specially those belonging
to a temple. In one such case on record'^ a
devotee of the local temple collected 160 kasu
by donations and deposited it with the Assembly
for making the temple land tax-free. In an
analogous case* the Assembly sold to a local
temple the right of collecting tax from the stalls
opened in the bazaar.

Two inscriptions at Tirunamanallur ^ refer
to the gift of 100 " undying (and) unaged big
sheep'* to the Assembly on condition of supplying
a stipulated quantity of ghee for burning lamps
in the local temple. The adjectives 'unaged'
and ' undying ' mean that those sheep which died
or ceased to supply milk had to be replaced

^ G. Ep. R., No. 155 of 1919.
= Ep. Ind., Vol. VII, pp. 138 £f.
3 Q Ep ^^ 1918^ p 150.

* G. Ep. R., 1911, p. 32, No. 321.

• Ep. Ind., Vol. VII, p. 137.

CHAPTER II 197

by other lambs that had grown up in the
meantime.

Sometimes the people endorsed the endow-
ments accepted by the Assembly. An inscription
of Rajarilja Chola ^ records the gift of a sum of
money by a merchant, from the interest of which
the Assembly and the residents of Tiruvidavandai
had to supply oil to feed a perpetual lamp.
Sometimes these endowments involved two-fold
banking transactions. We learn from a Chola
inscription ^ that a merchant made over a sum
of money to the residents of Taiyur on condition
that they should pay interest in oil and paddy to
the Assembly of Tiruvidavandai for burning a
lamp in the temple and feeding 35 Brahmanas.

There are other examples, too numerous to
be recorded in detail, where the south Indian
records represent the Village Assemblies as pub-
lic trustees or local banks.

§ 15

There was a close and oftentimes a cordial
relation between the Villasje

Relation between the ^

Village Assembly and Asscmbly and thc authoritlcs

the local temple. n < ■• i r,^i .

or the local temple. This was
specially the case where the village in question
was a ' Brahmadeya ' and assigned to a temple.

^ G. Ep. R., 1911, p. 27, No. 261.
« Jhid, p. 28, No. 267.

198 CORPORATE LIFE

Accordinsr to an inscription of Rajaraja/ the
inhabitants of such villages were to supply to the
Tanjore temple (1) as temple treasurers such
Brahmanas as were rich in land, connections or
capital; (2) Brahmacharins, as temple servants
and (3) accountants for writing the accounts (of
the temple). The Tanjore inscriptions of this
king refer, by name, to one hundred and forty-
four (144) Village Assemblies that were to supply
Brahmacharins as temple servants,- and one
hundred and five (105) others that were to supply
temple watchmen.^

We have already seen above how the Village
Assembly and the temple authorities zealously
guarded their respective rights and preferred
complaints against each other to the ruling power
if any of them neglected their proper duties. In
one case* we hear that some members of the
Assembly were in charge of the store-room of
the temple.

In general, however, the village corporations
fully recognised their responsi-

Proper maintenance ^ ^*^ ...

of the local religious bility for maintaining temples

and charitable institu- , i . i i .

tions by the Village and othcr local mstitutious.
Bsem y. ^j^.^ .^ ^^^^ illustrated by an

inscription^ from Edayarpakkam. A plot of

1 South Ind. Ins., II., No. 69. « Ibid.

^ Ibid, Nog. 57, 70. [It is not certain whether the former, containing
13, out of the 105 instances, belongs to Rajaraja or RAjendra Choladeva.]
* Ep. Ind., Vol. VII, p. 145.
5 G. Ep. R., 1911, p. 73, para. 28.

CHAPTER II 199

land purchased from the villagers by a Brahman
lady and presented to a temple for the mainte-
nance of a perpetual lamp was found unsuitable
for irrigation and no one came forward to culti-
vate it. The lamp had consequently to be dis-
continued and the trustees of the temple appear
to have requested the villagers to take back into
their own management the land which they had
once sold to the Brahmana lady, and to supply
instead the required number of cows to maintain
the lamp. This was done and the land was
resumed.

The Assembly, not infrequently, reduced the
rents of lands belonging to temples and sometimes
even altogether remitted the taxes due from
them.^ A Chola inscription even records that no
taxes should be levied on the temple belongings.^

Sometimes the Assembly made gifts of lands
for the regular supply of garlands ^ and other
things * to temples. They also made provisions
for burning lamps ^ and singing hymns ^ in local
temples. There are various cases on record show-
ing that either the Assembly itself granted lands

' G. Ep. R., 1919, Nos. 429, 538 (p. 37), 430 (p. 37), 508 (p. 42);
1905, p. 28, No. 553 ; 1909, p. 33, Nos. 292-294.

' G. Ep. R., 1915, No. 133, pp. 21, 97.

' G. Ep. R., 1918, p, 150.

* G. Ep. R., 1907, p. 13, No. 43; p. 40, No. 422; 1908, pp. 44-45,
Nos. 489-492.

« G. Ep. R., p. 25, No. 246.

» G. Ep. R., 1909, p. 47, No. 423 ; 1915, p. 21, No. 129.

200 CORPORATE LIFE

or facilitated purchase of lands by private parties
for making offerings to the temple/

The Village Assembly also made provisions
for educational and charitable institutions and in
most cases these were associated with local temples.
A remarkable instance of this kind of activity
is furnished by an inscription of the time of
Rajendra Chola'^ (c. 1025 A.D.)
tutiou^.""^' * ^ '^''^^' The record states that, in order
to secure success to the arms of
the king, the Assembly of llajaraja-chaturvedi-
mangalam made the following provisions to the
Lord in the temple of Rajaraja-Vinnagar. The
charities were mainly intended for maintaining
a hostel and a college for Vedic study as detailed
below : —

(i) Eour persons were appointed for the reci-
tation of the Tirumymoli hymns in the temple
and they were allowed three kurtmi of paddy
each per day. To meet this charge, lands measur-
ing half a veil and two ma in extent were given.

{ii) For feeding twenty-five Sri-Vaishnavas
in the matha attached to the same temple, one
veil and four ma of land were allotted.

(ill) Sixty kalam of paddy and three kalanju
of gold were also provided for the Seven-days'
festival of Ani-Anulam in order to feed one

» G, P. R., p. 32, Nos. 374, 375, 378-380; also cf. No. 405 of 1918
and No. 30 of 1919.

» G. Ep. R., 1918, pp. 145 ff.

CHAPTER II 201

thousand Vaishnavas and dasas (devotees) who
came to witness it.

{iv) Half a veil and two ma of land and some
gold were given to meet the cost of taking the
God in procession round the village in a car,
for the grant of cloths to the mendicants on the
occasion, for purchasing cloth to be put on the
deity, for offerings, bath and garlands, for
performing certain ceremonies, etc.

The following students were fed : —

{a) Seventy-five studying the Eigveda.

{b) Seventy-five studying the Yajur-Veda.

{c) Twenty studying the Chandoga-Sama.

{d) Twenty studying the Talavakara-Sama.

{e) Twenty studying the Vajasaneya.

(/) Ten studying the Atharva.

{g) Ten studying the Baudhayaniya Grihya-
kalpa and Gana,
thus making a total of 230 Brahmacharins for
studying the above-mentioned Vedas which, with
the forty persons learning the Rupavatara, came
to 270. Six nali of paddy was allotted for each
of these per day.

Further there were —
{h) Twenty- five learning the Vyakarana.
{i) Thirty-five learning the Prabhakara, and

ij) Ten persons learning the Vedanta.
For these 70 pupils provision was made at the
rate of one kuruni and two nali of paddy each
per day.
26

202 CORPORATE LIFE

One kalam of paddy was given to the nambi
who expounded the Vyakarana^ one kalam to
another who expounded the Frahhakara ; and
one kalam and one tuni to the third who ex-
pounded the Vedanta.

Ten professors were appointed to teach the
Vedas as detailed below : —

Three to teach the Rigveda.
Three to teach the Yajus.
One to teach the Chandoga.
One to teach the Talavakara-Sama.
One to teach the Vajasaneya.
One to teach the Baudhayaniya Grihya
and Kalpa and Kathaka.

The fee of the above teachers is given in de-
tail and it appears that, in all, for the 01^
kalanju of gold and the paddy that were required
for maintaining the entire establishment, the
temple was put in possession of 45 veli of
land.

Sometimes the assembly maintained chari-
table institutions established by others. We
learn from an inscription that the Assembly of
Tribhuvana-Mahadevi-chaturvedimangalam pur-
chased lands to meet all the requirements of
the charity established in the temple by a
general of Rajendra Chola to secure the health
of the king. Land was purchased to the
extent of 72 veil yielding an annual rental

CHAPTER II

^03

of 12,000 kalam of paddy, in order to provide
for —

(1) Offerings, worship, etc., on a grand

scale,

(2) Conducting festivals and feeding Vaish-

navas,

(3) Feeding 12 Vedic teachers,

(dd) Feeding 7 teachers of other subjects,

(5) Feeding 190 Vedic students,

(6) Feeding 70 other students.

The land was exempted from all taxes except
three specified ones and the students and teach-
ers were exempted from certain payments and
obligations.^

There are even cases on record where the
Assembly sold lands for maintaining a feeding
house.^ Such instances may be multiplied but
those given above are enough to indicate the
philanthropic activities of the Assembly.

§ 16

The responsibility of the village corporations
for the safety of the village is

Village Assembly as n . n j , ^ ^ , .

the protector of the wcll lUustratcd by two mscrip-
''^^^*^^' tions ^ from Tirupputur. A

temple in the village was occupied by the

G. Ep. R., 1919, p. 96, para. 18.

G. Ep. R., 1919, p. 61, Nos. 15M52.

G. Ep. R., 1909, pp. 82.83, para. 27.

^04 CORPORATE LIFE

encamped Mahomedans, probably in their first
raid to south India. In consequence of this the
inhabitants became unsettled. x\t this jvmcture
a certain Visalayadeva reconsecrated the temple
and saved the people apparently from an immi-
nent moral and religious degradation. The
villagers, of their free will, agreed among them-
selves to show their gratitude to Visalayadeva
by assigning to him a specified quantity of corn
from the harvest reaped by each individual and
conferring on him certain privileges in the temple.
The other inscription shows that the corporation
of Tirupputur had already, two years ago, made
over to one Madhava-chakravartin, the right
of * padikkaval.' This term probably means the
protection of village (from outsiders). It was
possibly the fear of Mahomedan invasion that
induced the corporation to take this step.

A large number of inscriptions from the
Madakasira Taluk, ranging over a long period
from the early 9th century down to the I7th,
show the high sense of honour which the people
uniformly entertained for the village patriots
and their heroic sacrifices on behalf of the vil-
lage. Some of these records are quite interest-
ing in their details. The Harati chief granted
a field to a certain person for having successfully
protected the village from enemies during two
or three destructive raids. About A.D. 966
Erega, a servant of Ayyapadeva seems to have

CHAPTER II 205

fought with the Cholas successfully so that all
the people of Penjeru praised him. There are
also other references to rent-free grant connected
with the spilling of blood in the cause probably
of protecting a community or a village.^ Again,
an inscription from Marudadu, belonging to the
8th year of Rajaraja I registers that a certain
Kalipperuman lost his life in the act of affording
protection, against ruin, to his native village.
The good residents of the district provided for
a permanent lamp to burn in the local temple
in order to secure merit for the martyr/^

An interesting information regarding the
corporate feelings of the villagers is supplied by
an inscription from Tirumeyiianam.^ The As-
sembly of Nalur having assembled under a
tamarind tree in their village, decided that the
residents of their village should not do anything
against the interests of their village nor against
the temple of Tirumayanam-Udaiyar, and similar
institutions. That if they did so, they must
suffer as the * gramadrohins ' do, and that people
who act against this decision should not be
allowed the privilege of touching Siva, etc.

The corporate character of the village was
recognised even by hostile kings. 'J'hus a Kum-
bhakonam record states that when Parantaka I

\ G. Ep. R., X917, p. 114, para. 18.
"" G. Ep. R., 1913, p. 96, para. 21.
3 0. Ep. R., 1911, p. 75, para. 30.

206 CORPORATE LIFE

conquered Madura, he levied an impost of 3,000
kalahju of gold on the members of the Kum-
bhakonam Assembly and that they had agreed
to pay the amount/ An inscription from Tiru-
pattur,^ dated in the 36th year of the reign of
Kulasekhara I, refers to the capture of the vil-
lage by a certain Valluvanadalvan. The invader
asked the members of the village Assembly and
two private individuals to submit to C( rtain pro-
posals. This they refused to do and many left
the village. Such of the Assembly as he could
lay hands upon, and the two particular indivi-
duals, he confined in the temple with the object
of compelling them to approve of his procedure.
Later on the matters were set right by the king,
but the very fact that an invader found it neces-
sary to coerce the Assembly to accept his decree
shows that the corporate character of the village
was such an integral part of the constitution
that it was impossible for any person, either a
friend or foe, to ignore it.

§17

Apart from the highly organised corporations

subsisting in small local units

of the^peopie oTi^rge the corporate spirit among the

^^^^^' deople of south India was re

markably displayed, on various occasions, by the

» G. Ep. R., 1912, p. 63, para. 15.
2 G. Ep. R., 1909, p. 83, para. 28.

CHAPTER II

207

combined activity of the populace of wider areas.
Thus a Pallava inscription^ records an agreement
among the residents of the country to the north
of the river Avinai and to the south of the
Pennai. Reference is also made to a ffreat dis-
trict Assembly meeting in a royal abode and
consisting of, among others, ' the sixteen of the
eight districts.'^ Very often the common reli-
gious feeling was at the bottom of these cor-
porate activities. A good example is furnished
by the Kudumiyamalai inscription of the reign
of Kulottunga I ^ (A. D. 1005-6). It records
that the people living in the district called
Rattapadikonda-Chola-Valanadu (which seems
to have comprised a considerable portion of the
Pudukkotai state) made an agreement with two
persons (apparently Brahmanas) that they should
levy brokerage on all the betel-leaves imported
into the said district, and, out of the proceeds,
supply 30,000 areca nuts and 750 bundles of
betel-leaves annually to a certain temple. The
people of the district and 'the blameless five
hundred men (constituting) the army (padai) '
of this district were appointed to supervise this
arrangement.

A further instance of similar union is fur-
nished by an inscription^ from Kamarasavalli

' G. Ep. R., 1907, p. 18, No. 96.
« Ep. Tnd., Vol. V, p. 23.
^ G. Ep. R., 1905, p. 52, para. 17.
* G. Ep. R., 1915, p. 104, para. 36.

208 CORPORATE LIFE

dated in the 10th year of Jatavarman Virapandya.
It registers that the residents of the eighteen suh-
divisions of the seventy-nine districts assembled
together and set apart the income derived by
them from certain articles of merchandise to
meet the cost of repairs to the temple.

A few more examples of similar activity
occur in south Indian records. The Managoli
inscription^ tells us that the five hundred
Svamins of Ayyavole, the five hundred Maha-
janas of Manimgavajli, the Settis of the locality,
the Nakaras, the Settis who made a business of
lading, the betel-leaf Gatrigas, the guild of
oilmen, the sealer of flour and churning-sticks
of the Tardavadi thousand, the Gavares of many
districts, the Miimmm'idanda, and *the sixteen
of the eight districts,' etc., met together to pro-
vide for the necessary expenses of the local
temple and the customary religious rites. An
inscription'^ of the Hoysala Vira Vallala records
a gift of land by the residents of Elugarai-nadu
for the requirements of a temple. We also
learn from an inscription^ of Rajendra Chola
that the inhabitants of three districts granted
a lease of land to a servant of a temple. Again
an inscription* of Parantaka I informs us that
the residents of a district contributed a voluntary

' Ep. Ind., Vol. V, p. 23.
2 G. Ep. R., 1907, p. 42, No. 444.
^ G. Ep. R., 1909, p. 57, No. 591.
* G. Ep. R., 1911, p. 69.

CHAPTER II

feoe

fee for the conduct of worship in a particular
temple. The fee is specified as follows : — ^ panam
on each tenant ; ^ panmn from bridegroom and ^
panam from bride in each marriage ceremony,
etc. Another inscription ^ records an agreement
by the residents of a district who had met in a
mandapa to raise 1 madai from each village in
order to construct an embankment on the side
of the river and to prevent any injury from
floods to a temple. A Pandya inscription ^ refers
to a grant, by common consent, of a certain
quantity of paddy to a temple by the agricul-
turists of four districts.

But motives unconnected with religion also
led to similar corporate movements. An inscrip-
tion dated in the ]2th year of Jata-Varman
Sundara Pandya^ states that the chiefs of Irandu-
malai-nadu gave assurance to the headman of
Kunnandarkoyil that when they took up arms
and fought with one another they would desist
from destroying the villages under their protec-
tion and would cause no injury to the cultivators
either resident or itinerant. If, however, any
person is so injured they would pay a fine of
100 panam and if a village is destroyed they
w^ould pay a fine of 500 panam. Doing thus
they still agreed to protect (the

villages and

27

1 G. Ep. R., 1912, p. 35, No. 404.

2 G. Ep. R., 1912, p. 47, No. 12.

3 G. Ep. R., 1915, p. 103, para. 34.

210 CORPORATE LIFE

cultivators) though there might he cutting, pierc-
ing and dying (in their communal fights). Here,
again, we have rather an instance of union of
villages than that of a single corporation.

A few additional examples of similar corpo-
rate activities, due to a variety of circumstances,
are given helow in order to show their wide-
spread character.

An inscription at Tirukkalakkudi ^ registers
a settlement hetw^een the residents of four
districts (nctdu) as to the order of precedence in
which the sacred ashes had to be received, the
ropes of the God's car had to be held in drawing
it and the worship of, and breaking of cocoanuts
before Vinayaka had to be done.

A Tamil inscription^ of Yira Pandya-deva
records that the inhabitants of two districts
settled that four families were to be freed from
certain obligations. Another ^ records the meet-
ing of the residents of eighteen divisions under
the Presidency of Ekambaranathar to rectify
the area of some land. We further learn from
another inscription * that the various inhabitants
of the eighteen districts on both sides of the
Krishna decided that a large fmiam should be
paid on every boat as revenue. There is still
another case on record^ that the tenants of 12

» G. Ep. R., 1916, p. 125. « G. Ep. R., 1910, p. 21, No. 184.
» G. Ep. R., 1913, p. 72, No. 28. * Ep. Ind., Vol. Ill, p. 92.
» G. Ep. R , 1914, p. 74, No. 26.

CHAPTER It

211

Oorpox-ate organisa-
tions of territorial

villages abandoned their fields as a protest
against heavy taxation and consequently the
taxes were regulated.

Other examples of such corporate activities
have already been referred to in connection with
the judicial powers of the Village Assembly on
p. 351 above.

§ 18 ■

{ There are evidences on record that these
teniporary corporate activities sometimes led to
1 more developed corporate
organisation of wider areas.
srngieviufge. ''" ' A clcar instaucc of the perma-
nent union of two village cor-
porations is furnished by the Tamil endorse-
ment on the Udayendiram plates of Nandivar-
man.^ The endorsement is dated in the 26th
year of King Parantaka I ( 10th century A. D.) and
runs as follows : " we, (the members of) the
assembly of Kanchivayil and we, (the members
of) the assembly of Udaya-chandra-mangalam
(have agreed as follows) : — we, (the inhabitants
of) these two villages, having joined (and)
having become one^^ shall prosper as one village
from this (date)." j

An organisation of the whole district is
referred to in an inscription in the Tiruvaran-
gulam temple during the reign of Kulottunga

Ep. Ind., Vol. Ill, p. 144.

:212 CORPORATE LIFE

III. In the disturbed state of the country the
Assembly of the inhabitants of Valla-nadu, a
sub-division, declared that thenceforward they
will afford protection to the cultivators residing
Avithin the four boundaries of the sacred village
of Tiruvarangulam and (its) devadana villages.
If in the course of this protection any one of
the Assembly was found to rob, capture the cows
of, or do other mischief to the cultivators, the
Assembly agreed to assign two ' ma' oi wet land
to the temple by way of fine for the offence
committed.^ A district Assembly consisting of
haggades (headmen ?) and samantas is also
referred to in an inscription.^ Reference is also
made to ' the blameless live hundred of the
district ' and * the headman of the district.'^
All these naturally lead to the conclusion that
in some cases at least there was a permanent
organisation of an entire sub-division or district,
or any such large group of people. This readily
explains such legal formulas in connection with
land grant, as, for example, occur in the
Udayendiram Plates of Prithivlpati II.* " Hav-
ing assembled accordingly (the inhabitants of )
the district {nadu)^ having caused (them) to
walk over (the boundaries of the granted) land
etc." It is evident that the entire people

1 G. Ep. R., 1915, p. 99, para. 27, and Nos. 271 and 273, p. 31.

' G. Ep. U., 1919, p. 17, No. 209.

» Sonth Ind. Ins., Vol. II, Part III, p. 360. * Ihid, p. 389.

CHAPTER II

^13

of a district cannot be thought of, but only
their representatives can possibly be meant.
An inscription of Rajaraja Chola' refers to
the great Assembly of twelve nadus and in an
inscription ^ of the W. Chalukya king Tribhu-
vanamalla we find mention of 32,000 represen-
tatives of various localities. These no doubt
refer to some sort of corporate organisation, the
precise nature of which it is difficult to
determine.

§19

A few words may be said in conclusion
regarding the antiquity and extent of these
village institutions in southern
Antiquity and extent India. Thc Kasakudi Plates

of villa j^e institutions « ii i-» n i • -vt t

in south India. ot the Pallava king Nandivar-

man undoubtedly indicate some
sort of regular organisation of the village, for
otherwise the royal order about a land grant
would not have been referred to the inhabitants,
and the latter would not have, in a manner,
ratified the royal proclamation by publicly
endorsinsc the same.^ Nandivarman must have
flourished in the first half of the eighth century
A. D.,* which must, for the present, be taken as

^ G. Ep. R., 1909, p. 59, No. 600.

' G. Ep. R., 1919, p. 18, No. 214.

' South Ind, Ins., No. 74, p. 360.

♦ See the synchronistic table in South. Ind. Ins., I, p. 11.

214 CORPORATE LIFE

the earliest period to which these village institu-
tions may be traced by inscriptional evidence.
Their continued existence in the 9th century
is proved by the two Ukkal Inscriptions (Nos.
5 and 8) of Kampavarman ^ and the Ambasamu-
dram inscription of Varaguna.^ The develop-
ment of these institutions in and after the tenth
century A. D. is abundantly proved by the
number of Chola and Pandya inscriptions refer-
red to above, and the Masulipatam plates of
Chalukya Bhima 11.^ The latter further proves
that they flourished in Telugu countries as well
as in Tamil lands further south. It appears
that the whole of southern India was covered
with a network of these organisations. An idea
of their widespread character may be formed
when we remember that reference is made to
two hundred and sixty-six villages possessing
such institutions in connection with the main-
tenance of a single temple built at Tan j ore by
the Chola king Eajaraja deva.*

' South. Ind. Ins., Ill, p. 8. » Ep. Ind., Vol. FX, p. 86.
» Ep. Ind., V, p. 134 ff. * See pp. 195, 198 above.

CHAPTER III

Non-Monai'chical
States.

Corporate Activities in Political Life (II)

§ 1

We have hitherto dealt with the corporate
activities of people dwelling
in a state ruled over by a king.
The activities were exercised
through various assemblies, auxiliary to the
royal power, and more or less subordinate to it.
There were however non-monarchical states in
ancient India, where they would naturally get
fuller play and a freer atmosphere. Unfor-
tunately we do not know much about them, but
their very existence is an unimpeachable testi-
mony of the supreme power wielded by the
people as a corporate body. In the previous
part, dealing with the corporate activities of
people in a kingdom, we had to take into account
the nature of these activities as well as of the
agencies by which they were performed. In the
present case we may confine ourselves to the
latter alone, for their activities must have
embraced everything pertaining to the adminis-
tration of a state in all its departments.

Years ago Professor Rhys Davids recognised
the existence of these ' republican ' states from

216 CORPORATE LIFE

some references in the Buddhist Literature.^
After him the subject was treated in greater
detail by Mr. K. P. Jayaswal ^ in the pages of
Modern Review, and Prof. D. R. Bhandarkar in
his Carmichael Lectures (Vol. I, pp. 146 ff.).
Though the arguments of these scholars have
not been endorsed in full by others, their
main contention about the existence of non-
monarchical states in ancient India has now
gained general acceptance. We shall attempt in
the following pages, to sketch an account of these
states on the same plan as we have adopted in
the case of the 'guilds.'

Regarding the antiquity of the non-monar-
chical form of government,

In the Vedic period. . , j «» .i

there are some grounds for the
belief that it was not unknown even in the Vedic
period. Zimmer finds clear traces of the oligar-
chical form of government in the following verse
in Rigveda.^

*'As the kings (rajanah) assemble together
in the Samiti, the plants (oshadhl) gather to-
gether in him who is called a physician, one who
heals disease and destroys demon." Zimmer

» Buddhist India, pp. 1-2, 19 ff,

2 Modern Review, 1913, p. 535 ff.

« X. 9. 16.

" Bei dem die KrSuter zusammenkommen wie die Rajanah in der
Samiti, der gilt fur geschickten Arzt, Krankheitvertreiber, DSmonen-
vernichter." Alt-indische Leben, p. 176. Macdonell, however, interprets
it differently and does not accept the conclusion of Zimmer although he
thinks that this state of affairs is perfectly possible. V. 1, 11-216.

CHAPTER III

ai7

thinks that this refers to a system of government
in which the state is not ruled over by a single
potentate but several members of the royal family
jointly together. He also contends that some of
the passages in the Atharva-veda relating to the
election of kings (quoted above) refer to the
contest of a member of the oligarchy for supre-
macy over others. In support of his contention
he cites Atharva-veda I. 9. 3, where prayers are
offered to A gni to set the candidate in supremacy
' over his fellows ' (safata), Atharva-veda III. 4.
3, where wish is expressed on behalf of the suc-
cessful candidate " unto thee let thy fellows
come," and Atharva-veda IV. 22. 1-2, where
Indra is asked ' to make the Kshatriya, the sole
chief of the clan * and ' to place him as king at
the head of the royal family {Kshatranam).'^^
Zimmer finds in ancient India a parallel of the
oligarchical form of Government existing among
the ancient German Tribes, e.g., among the
Cherusci clan. (It was at first ruled over by
Arminius and his relatives who all bore the title
of king ; Arminius however wanted to be the sole
ruler of the clan, and there broke out a struggle
in which he was defeated).

Zimmer's view is furtner corroborated by the
fact that the Avesta contains distinct traces of

^ ** An der Spitze der kSniglichen Familie stehe dieser als Konig,"
Zimmer Alt-indische Leben, p. 165. Whitney's Translation (Vol. I,
p. 188) is not literal.

28

^ 18 CORPORATE LIFE

the oligarchical form of Government. This has
been clearly demonstrated by SpiegeP from
Yasna 19, 18,'^ where the ruling powers of two
provinces are contrasted. In one of these, the
sovereign authorities consisted of the chiefs of
house, street and town, besides Zarathustra and
there is no mention of the ' ruler of the land '
which occurs in the other case.

Mr. K. P. JayaswaP has furnished another
evidence for the existence of n on -monarchical
form of Government in the Vedic period. He
refers to a passage in the Aitareya Brahmana
(VII. 3. 14) which mentions that among the
XJttara Kurus and the Uttara Madras the whole
community was consecrated to rulership and
their institutions were called ' Vairajya ' or king-
less states.

Two points may be urged against this view.
In the first place the same passage in the Aitareya
Brahmana expressly locates the two tribes beyond

* Abhandlungen der k. bayer. Akad. der W. I. Kl. 7. Band, 3 Abth.
p. 683.

^ Dr. I. J. S. Taraporewala has supplied me with the following literal
translation of the passage in question.

" Who (are the five) leaders ? (He) of the house, (he) of the street,
(he) of the town, (he) of the country, (and) Zarathustra, the fifth,
(is leader) of those countries which (are) different from those under
Zoroastrian laws (lit. other than those ruled over by Zoroastrian laws).

(The city of) Ragha belonging to Zarathustra is under four leaders.
Who (are) its leaders ?

(He) of the house, (he) of the street, (he) of the town, (and) the
fourth Zarathustra (Himself)."

3 Modern Review, 1913, p. 538.

CHAPTER m

219

the Himalayas (parem Rimavantani) and as such
their institutions cannot be taken as types of
those prevailing in India. Zimmer ^ has, how-r
ever, shown good grounds for the belief that
both these tribes are to be located in India proper,
in Kashmir and its neighbourhood, and contends,
not without reason, that to the people living in
Madhyadesa Kashmir might very well appear as
' parena Kimavantam,^

Secondly, the term ' Vairajya ' which has been
explained by Mr. K. P. Jayaswal as ' Kingless
states,' has been taken by Messrs. Macdonell
and Keith ^ as denoting some form of royal
authority. This however does not seem to be
probable when we compare the four sentences
referring to the form of Government in the four
directions. Thus we have

"* t % ^ TTT'^n^i Tm^\ -^XHX^K^A ^sfvrf^5^"

The substitution of ' ^TJfq^: ' for ' ?:T5fR: ' in the
last sentence cannot be looked upon as merely
accidental and lends support to Mr. Jayaswal's
view that we have here a reference to a demo-
cratic form of Government.

^ A. L., p. 102.

2 V. I. II, p. 221,

220 CORPORATE LIFE

There is one passage in the Atharva-veda
(V. 18. 10) which seems to be a conclusive evi-
dence for the existence of non-monarchical form
of Government in the Vedic period. It occurs
in the course of a long string of imprecations
for the killing of a Brahman's cow, and runs as
follows : —

Whitney translates it as follows : —

" They that ruled, a thousand, and were ten
hundreds, those Yaitahavyas, having devoured
the cow of the Brahman, perished." (W. A. V.,
p. 251.)

Zimmer,^ Muir and others translate it some-
what differently as follows :

*' The descendants of Vitahavya, who ruled
over a thousand men, and were ten hundred in
number, were overwhelmed after they had eaten
a Brahman's cow." (Muir S. T. I. 285.)

But whatever the difference, the essential
fact remains that the Vaitahavyas, thousand in
number, ruled over a territory, and there can be
scarcely any doubt that we have here an example
of oligarchical or republican ^ clan. It is also

' A. L., p. 200.

- If we accept the translation given by Muir and Ziramei' —
thousand people ruling over a thousand, — the form of Government
must be republican. The figure 1,000 must of course be looked upon
as conventional.

CHAPTER Hi

221

worthy of note that like the later non-monarchi-
cal clans (Mallas, Lichchhavis, etc.) they were
anti- Brahmanical.

§2

The existence of democratic forms of govern-
ment during the post-Vedic
ottmar" ''''""' period is abundantly proved by
a number of testimonies. The
earliest in point of time is Panini's celebrated
treatise on Grammar which contains clear traces
of the existence of political corporations. Thus
the sutra ;bw ^nftTT^^if ^ shows that the nature
of a corporation was fully understood in those
days ; for here * corporation ' is sharply distin-
guished from mere collection or group, clearly
indicating thereby that the former was a definite
organisation bound by laws and regulations.

Again, as Professor D. R. Bhandarkar has
shown,'^ the same conclusion follows from another
suh'a^ wherein the grammarian points out that
the word sarhgha does not signify a mere collec-
tion as the word samghata does, but a gana, ^.^.,
a special kind of collection, or a 'corporate col-
lection.' Further, Mr. K. P. Jayaswal has drawn
attention to " a rule laid down by Panini, viz.,
" Sahgh'=ahka4akshaneshv=zan'yan'inam -= an "

^ III. 3. 42.

"^ Carmichael Lectures, First Series, pp. 141-2.

3 III. 3. 36.

^a CORPORATE LIFE

the meaning of which is that " an-suffix takes
place in nouns ending in an, yan, an in the
case of (i.e.y to denote) ahkas and lakshanas of
sanghas."^ This not only testifies to the existence
of saragha hut also shows that a sathgha had
its anka or lakshana, which latter Mr. Jayaswal
would identify with lahchchhana or heraldic
crest of later Sanskrit.^

In several sutras Panini refers to distinct
kinds of corporations under the names of ^ puga '^
' Vrata '^ and ' ayiidhajlmsamgha.'^" The meaning
of the first has already been discussed above. It
is difficult to determine the real meaning of
* Vrata' and so far as I know no satisfactory
explanation has yet been offered. The Kasika
commentary explains it as " •TT^TT^^t^ ^srf^^cl^Tf^
^5cl%^f^: ^'^ srmr:."^ The first qualifying
pharase distinguishes it from social and the
second, from industrial corporations. The third
phrase I would take to mean " living by means of
slaughter or killing." According to this inter-
pretation, Vrata would mean a corporation of
robbers like the * Thuggies ' of later days. This

1 J. B. O. R. S., Vol. V, p. 27.

- Ihid.

^ V. 3. 112.

* V. 3. 113.

« V. 3. 114.

® " Vrata is a corporation (of people), belonging to different castes,
having no definite means of livelihood, and living by means of slaughter
or killing."

CHAPTER III nn

view is corroborated by a passage of Katyayana/
" 'IT'fTg^iMMi: ^Wtcn^ ^tf^m: •"' The ' ayudha^
jlvisamgha ' means a corporation of military
men. It is quite clear from Panini, V. 3, 117,
that the Yaudheyas were included in this cate-
gory. The history of the Yaudheyas will be
treated in detail below, but such examples
scarcely leave any doubt that the term dyiidha-
jwisamgha denoted independent political corpora-
tions or non-monarchical states.

§3

Our next source of information is Buddhist
and Jaina literature. The exist-

Evidence of Bud- « , ,. ■. .,•,

dhist literature. Bnco of domocratic, aloug with

monarchical, states is most
conclusively proved by a passage in Avadana
Sataka.*^ We are told in Avadana No. 88 that a
few merchants from mid-India (Madhyadesa)
visited the Deccan and being asked about the
form of government in their country, replied,
"some provinces are under kings while others are
ruled by ganas.'^^ The Jaina Ayaramga-Sutta,

^ Quoted in Viraraitrodaya, p. 426.

- " Vrata is said to be an assembly of people having arious weapons
in their hands." As ntsedha also means ' body ' it is pist possible that
utsedhajivinah denoted a corporation of day-labourers of various
description.

' My attention was drawn to this passage by Mr. Raraaprasad
Chanda, B.A.

^U CORPORATE LIFE

an earlier text, also refers to (/ana raya (a
territory where Gana is the ruling authority.)^
Professor Rhys Davids has drawn up a list of
the clans which are referred

The non-monarchical , , ,^ -r» i ii • i. ^i

states referred to in to by the Buddhist authors as
the^ Buddhist litem- ^^jg^i^g ^^ ^^e time of Gau-

tama Buddha. These are : —

( 1 ) The Sakyas of Kapilavastu.

(2) The Bhas-gas of Sumsumara Hill.

(3) The Bulis of Allakappa.

(4) Kalamas of Kesaputta.

(5) The Koliyas of Rama-gama.

(6) The Mallas of Kusinara.

(7) The Mallas of Pava.

(8) The Moriyas of Pipphalivana.

(9) The Videhas of^

Mithila. I

(10) The Lichchhavis ^ =T^^ ^^3J^^^«-'
of Vesali. j

While it may be generally inferred that all
these lived under non-monarchical forms of gov-
ernment we hardly know the detailed constitu-
tion of any of them. The oft-quoted passage in
the Maha-parinibbana-sutta in which the Buddha
laid down the conditions under which the Vajjians

» For other passages testifying to the existence of a non-monar-
chical form of government, cf. the writings of Mr. Rhys Davids,
Mr. Jayaswal and Prof. D. R. Bhandarkar cited above (§ 1, pa»^a. 2).

2 Buddhist India, p. 22, To this h'st should be added " the Mallas of
Kasi " on the authority of the Jaina literature. See Jaina Kalpasutra
edited by Jacobi, p. 65.

CHAPTER Hi ^^:5

Avould prosper and not decline, may be taken to
signify the general spirit of these constitutions.
Once while the Buddha was at Kajagriha, Ajata-
satru, the king of Magadha, resolved to destroy
the Yajjians and sent his prime-minister to take
the advice of the Blessed One. When the message
was delivered to the latter he addressed Ananda,
" Have you heard, Ananda, that the Yajjians hold
full and frequent public assemblies ? "

'^Lord, so I have heard" replied he. "So
long, Ananda," rejoined the

The constitution of -,-»! i r~\ cc ii «t- •••

the Lichchhavi clan. Blcsscd One, as the V ajjians
hold these full and frequent
public assemblies ; so long may they be expected
not to decline, but to prosper."

[And in like manner questioning Ananda,
and receiving a similar reply, the Blessed One
declared as follows the other conditions which
would ensure the welfare of the Yajjian confe-
deracy.]

"So long, Ananda, as the Yajjians meet
together in concord, and carry out their under-
takings in concord — so long as they enact nothing
not already established, abrogate nothing that
has been already enacted, and act in accordance
with the ancient institutions of the Yajjians as
establislied in former days — so long as they
honour and esteem and revere and support the
Yajjian elders, and hold it a point of duty to
hearken to their words so long may the

29

^226 COHPOllATE LIFE

Vajjians be expected not to decline but to
prosper."^

It thus appears that both the merits and the
defects of the democratic constitution were
present in these cases. On the one hand there was
the general assembly, containing both the young
and the old, as the supreme authority in the state,
with power to enact new laws and abrogate old
ones, while, on the other, they suffered from the
want of that stability which is the peculiar
merit of a strong monarchy, and were always
liable to fall victims to disunion and a desire
for too sweeping changes. Yet, on the whole,
their constitutions were looked upon with favour
and extorted the admiration of the Lord Buddha.
Thus, referring to the Lichchhavis he said " O
brethren, let those of the brethren who have
never seen the Tavatimsa gods, gaze upon this
assembly {i^arisam) of the Lichchhavis, behold
this assembly of the Lichchhavis, compare this
assembly of the Lichchhavis even as an assembly
of Tavatimsa gods."^

The great Buddha was an apostle of demo-
cracy. He adopted democratic ideas in his
system of church government and himself taught
the Vajjians*^ the conditions, already quoted
above, under which they would prosper and not

■> S. B. E., Vol. XI, pp. 3-4
• ' S. B. E., Vol. XI, p. 32. I have substituted ' assembly ' (parishani)
for ' company.'
3 Ibid, p. 4.

CHAPTER III 327

decline. It is also worthy of note that he laid
down the very same conditions, in identical Avords,
for the welfare of his own community/ It is
obvious that he perceived the underlying simila-
rity between the two constitutions, working in
two different spheres of life, and naturally looked
upon both as beset with the same sort of evils.

The introductory episodes of the Jataka stories
furnish some information regarding the consti-
tution of the Lichchhavi clans. Thus Ekapanna-
Jataka (No. 14^9, I, 504) tells us that in the city
of A^aisali, " There v/ere always seven thousand
seven hundred and seven kings to govern the
kingdom, and a like number of viceroys, generals
and treasurers." The Chullakalinga-Jataka
(No. e301, III. 1) gives the same information with
some additional details — '' Tradition says that
the Lichchhavis of the ruling family to the
number of seven thousand seven hundred and
seven had their abode at A^esali, and all of them
were given to argument and disputation." The
Bhadda-Sala- Jataka (No, IG5, IV. 149) refers to
*^ the tank in the Vesali city where the families
of the kings get water, for the ceremonial sprink-
ling." We are told that " by the tank there was
set a strong guard, within and without ; above
it was spread an iron net ; not even a bird could
find room to get through." The same Jataka
relates the story how the commander-in-chief of

^ Ibid, p. 5 ff«

228 COKPOBATE LIFE

Kosala violated the sacredness of the tank by
bathing his wife in it and was pursued by five
hundred angry Lichchhavi kings.

Although the introductory episodes of the
Jatakas from which the above accounts are
taken are undoubtedly of much later date than
the events which they relate, we cannot al-
together dismiss their accounts as unworthy of
credit. Though we need not attach much impor-
tance to the concrete figures which they supply,
the general system described by them may be
accepted as not much divergent from actual
state of affairs. Thus while the number seven
thousand seven hundred and seven may be dis-
missed as a purely conventional one, it may be
accepted that the supreme assembly of the state
consisted of a pretty large number of members
and must, as such, be held to be a popular one.
This is in complete agreement with the inference
we have deduced from the utterances of the
Buddha in the Mahaparinivvana Sutta. The
quaint remark in the Chullakalinga Jataka that
the members were all given to argument and
disputation, seem to prove that the popular
assembly was not merely a formal part of the
constitution, but had active, vigorous life and
wielded real authority in the state. An idea of
the status and responsible position of these mem-
bers may be had from the curious anecdote of
the tank in Vaisali. No doubt the popular

CHAPTER III 229

imagination had its share in building Up the
whole story, but we must be hicking in true
critical spirit if we fail to lind in it some amount
of historical truth. It appears that each of the
members of the supreme assembly had to pass
through some sort of consecration, like the king
in a kingdom, and that an important part of the
ceremony consisted in a bath in a tank, reserved
for the purpose in the city of Yaisali. This
sacred ceremony by itself is an unimpeachable
testimony of the supreme trust reposed in the
members and the high responsibilities attached
to their positions.

The question naturally arises, hoAv were these
members selected ? Now, we learn from Eka-
panna Jataka (I. 504), that corresponding to the
seven thousand seven hundred and seven kings
there was a like number of viceroys, generals
and treasurers. This would imply that each
member of the supreme assembly possessed a
full suite of oificers requisite for the adminis-
tration of a state. It would appear, therefore,
that each of these members was the head of an
administrative unit. In other words, the whole
state consisted of a number of administrative
units, each of which was a state in miniature by
itself, and possessed a complete administrative
machinery. The business of the state as a whole
was carried on by an assembly consisting of the
beads of these states who were in their turu

330 CORPORATE LIFE

attended by their principal officers. Those who
are familiar with the Cleisthenian constitution
of the eitv state of Athens cannot fail to find its
prototype in the city of Vaisali. Tor in Athens
too there was a central Assembly, consisting of
the representatives of the smallest local units, the
denies, which managed their own local affairs, —
being ' corporations with officers, assemblies and
corporate property.'

The Lichchhavis are called * sjanas.' It has
been already pointed out (p.
aJt "''"" "^ ' 142) that this term is applied in
Smriti literature to denote the
corporations of villages or cities. That this term
also denoted independent political corporations is
abundantly testified to by epigraphic and numis-
matic evidences. Thus the inscriptions refer to
the Malava and Yaudheya ganas, and in
Samudragupta's Allahabad Pillar Inscription
they are clearly distinguished from the kingdoms.
The coins issued by them leave no doubt that
they were independent corporations, and the
Bijaygadh Pillar Inscription expressly refers to
the fact that the Yaudheya gana used to elect
its chief who also served as general.^

1 '*^^??^'l!g?:^cl^5? iT^R15l^Tr%^^;" Fleet translates it as
" Of the Maharaja and MahasenSpafci who has been made the leader of
the Yaudheya tribe " (Gupta Ins., p. 252). No objection can possibly
be made to this translation as the lexicons give ' chosen ' as one of the
meanings of H^^<T I

CHAPTER III 231

The Viramitrodaya (p. ^26) quotes from
Katyayana :

The root-meaning of the word ' ^ ' is a group,
a multitude, a community/ According to this
interpretation therefore ' im ' would mean a feder-
ation of difPerent groups or communities. This
is fully in keeping with the view I have put
forward above about the constitution of the
supreme assembly of the Lichchhavis, on the
basis of the Jataka stories. It would follow then
that each of these communities was a state in
miniature with a complete staff of officials, while
the supreme assembly administering over the
whole state consisted of the heads of these com-
munities. It may be noted that Mahavagga
(Y. 1) preserves, in connection with the kingdom
of Magadha, an instance of a central assembly
consisting of the heads of the smallest adminis-
trative units of the kingdom. The assembly
was held during the reign of Bimbisara, the
very period to which the constitution of the
Lichchhavis under discussion is to be referred.

The Jaina Kalpa Sutra refers to " if^ ?twI: f^
%^ ^ift ^^^^ ^^?:^ ft ^nUTTm^'" in

^ Prof. D. R. Bhandarkar takes ' Kula ' in the sense of * family,'
and explains the constitution of a gana differently. (Carmichael
Lectures, Vol. I, pp. 160 ff.)

' Kalpa Sutra, edite d by .Jacobi, p. 65.

282 CORPOllATE LIFE

connection with the illumination at the night of
Mahavira's death. The exact

Executive officers SCnSC of '' ^^ ^^^JSTF^t " is

of the Lichchhavi i • tj. i

gam. uncertain. It may mean merely

nine of the so-called 7707
Lichchhavi kings who formed the Supreme
Assembly, but this would imply that Jainism
was confined to a very limited section of the
Lichchhavi community and it is unlikely that
such a thing should be confessed by a Jaina
author. The other possible interpretation would
be to take the term to denote nine kings or
heads, i, e,, executive officers, of the Lichchhavi
gana. We have already * seen that the guilds
appointed executive officers to transact their
business, and it is inconceivable that the affairs
of a state could have been managed by a big
assembly without the help of one or more
executive officers. The ' if^TlWTT^JTWt ' would
thus represent the whole state of the Lichchhavis
and this would be exactly in keeping with the
tenor of the whole passage.

We possess some information regarding the

method in which justice was

Administration ot administered among the

justice among the

Lichchhavis. Lichclihavis. The system is

chiefly remarkable for the
ultra-democratic spirit which characterises it,
and is calculated to give us some insight into
the principles of administration followed in these

CHAPTER III

238

non-monarchical ' states. We learn from
Atthakatha ^ that a criminal was at first sent
for trial to the officer called '' Yinichchaya
mahamatta." If they found the accused
innocent they acquitted him, but if he was guilty
in their opinion, they could not punish him,
but had to send him to the next higher tribunal,
that of the ' Voharika.' They too could acquit
the accused if they found him innocent, but
had to send him to the next higher tribunal,
viz., that of the ' Suttadhara,' if they considered
him guilty. There were three other tribunals
with similar functions, viz., those of Atthakulaka,
Senapati, and Uparaja, each of which could
acquit the accused, if innocent, but had to send
him to the next higher tribunal if found guilty.
The last tribunal, viz., that of the Raja had alone
the right to convict the accused, and in awarding
punishments he was to be guided by the * Paveni
pustaka ' or the Book of Precedents. The right
of the individual was thus safeguarded in a
manner that has had probably few parallels in
the world. He could be punished only if seven
successive tribunals had unanimously found him
guilty, and he was quite safe if but one of them
found him innocent. And it is but fitting that the
right of the people should thus be safeguarded
in a state where the people governed themselves.

^ See the translation of the important passage by Turnour in
J. A. S. B., VII, pp. 993-4.

30

234 CORPORATE LIFE

Besides the Lichchhavis, the Sakvas are the

ouly clan about whose consti-

,„. J, , , tutioii sometliiiii? definite is

1 he o ik ya cluu. ^

known. Professor Rhys Davids
summed up the available infor-
mation on the subject as follows.^

" The administrative and judicial business
of the clan was carried out in public assembly,
at which young and old were alike present, in
their common mote-hall {santhagara) at Kapila-
vastu. It was at such a parliament, or palaver,
that King Pasenadi's proposition was discussed.
When Ambattha goes to Kapilavastu on business,
he goes to the mote-hall where the Sakiyas were
then in session . . .

"A single chief— how, and for what period,
chosen, we do not know — was elected as oflSice-
holder, presiding over the sessions, and, if no
sessions were sitting, over the state. He bore
the title of raja which must have meant some-
thing like the Roman Consul, or the Greek

Archon We hear at one time that Bhaddiya,

a young cousin of the Buddha's, was the raja ;
and in another passage, Suddhodana, the
Buddha's father (who is elsewhere spoken of as a
simple citizen, Suddhodana the Sakiyan), is called
the raja."

Professor Rhys Davids' views about the
Sakva clan have been challenfijed in some of its

' Bnddhist India, p. 19.

CHAPTER 111

235

essential aspects. Thus Watters is of opiniou
that Kapilavastii and the surrounding territory
were included within the kingdom of Kosala,
and that we cannot therefore speak of a Sakya
king or kingdom.^ So far as I know, the only
ground in support of this view is the expression
" Ampavattitthaua " used, with reference to Ko-
sala, hy the Sakyas themselves ahout their terri-
tory in the introductory episode of the Bhaddasala
Jataka (No. 465, IV. 145). The full significance
of the expression is, however, far from being
definite, and Oldenherg took it to mean that the
Sakyas owed some honorary dues to the Kosala
kingdom. Be that as it may, the same Jataka
clearly shows that Kapilavastu was outside
the boundaries of the kingdom of Kosala. For
we are told, that while Vidudabha resolved to
destroy the Sakyas the Buddha set out for
Kapilavastu and sat beneath a tree near the city.
** Hard by that place, a huge and shady banyan
tree stood on the boundary of Vid'udahha' s
realmsy^ This clearly proves that the Sakya
territory just touched the border, but was
outside the jurisdiction of the Kosala kingdom.
The other objection against Prof. Rhys Davids'

Its form of govern
ment.

view is that regarding the con-

stitution of the Sakyas. Prof.
D. R. Bhandarkar maintains the view that the

' " On Yuan Cliwang." Vol. II, p. 3.

- Jat., IV, p. 152. '' cl^ ^f^^ f^^J?^^^ ^^^*im..."

^^6 CORPORATE LIFE

Sakya territory was ruled by a liereditary king,
like any ordinary kingdom.^ It may be pointed
out, however, that the introductory episodes of
the Jatakas seem to prove that the constitution
of the Sakyas was not unlike that of the
Lichchhavis. The Kunala Jataka ( No. 536, V,
412 ff.) describes a feud between the Sakyas
and their neighbouring clan, the Koliyas. A
careful study of the whole account hardly leaves
any doubt that the Sakyas were governed on
the same principle as the Lichchhavis. Thus
when the quarrel grew serious over the waters
of the Rohini River which each party
wanted for irrigation purposes, the Sakyas went
and told the Councillors appointed to such
services, and they reported it to the multitude of
kings (or royal families)."^ It was then resolved,
apparently by these kings, that they should
fight and so the Sakyas sallied forth, ready for
the fray. The number of these kings is not
definitely stated but must be held to have been
considerable in view of the fact that two hundred
and fifty princes were offered as escorts for the
Buddha.

Not only is there not the least reference to
any individual royal authority in this circum-
stantial narrative but the chiefs of the Sakyas
are all called kings — " Why are ye come

^ Carmichael LecLures, First Series, p, 161.
" '^IT T15T^^Tit ^^^' (p. 413).

CHAPTER m 23"

here, mighty kings?" said the Buddha,
and again we have tlie expression " Becoming
believers the kings said, etc." In the Samudda-
Vanija-Jataka (No. 466, IV, 158) Devadatla
laments that he was renounced by all the kings
of the 'Sakyas' (^^?:t^ ^§f%fir). Similarly
we learn from the Bhadda-Sala-Jataka (No. 465,
IV, 144 fE.) how King Pasenadi sends his
messenger asking for one of the daughters
of the Sakya clan in marriage. On receipt
of this message the Sakyas gathered to-
gether and deliberated. Here, again, there is
no reference to any king to whom the message
was delivered. According to time-honoured
customs ambassadors are despatched by one king
to another, if there be any, and the omission in
this respect seems to lend considerable strength
to the assumption that the Sakyas had no king
in the sense which we attach to the term. It
is true that ' Vasabha Khattiya,' born of a slave
woman and Mahanama, is referred to by the king
ofKosala as ' daughter of the Sakya king,' but
Mahanama is elsewhere (p. 147) referred to as
simply 'Mahanama the Sakya,' and Vasabha-
khattiya tells her son " My boy, your grandsires
are the Sakya kings." The young Sakyas are
also referred to as ' princes.'

The above references, though they do not
help us to acquire a detailed knowledge of the
constitution of the Sakyas, seems to me to be

:288 CORPORATE LIFE

conclusive CAideuce in favour of Prof. Ehys
Davids' theory that the Sakyas had a non-
monarchical constitution. It is difficult to
accept the view, maintained by Prof. D. 11.
Bhandarkar ' that Bhaddiya, who is called
' Sakya-raja ' is to be looked upon as a hereditary
king. The instances quoted above from the
Jatakas hardly leave any doubt that the Sakyas,
like the Lichchhavis, had a number of rajas,
Avho were probably members of the supreme
assembly ruling over the state. We hear also
of a class of officers called '^ uparajano " or
viceroys '^ and this makes it probable, that like
the Lichchhavi rajas, the Sakya rajas were also
heads of minor administrative units. So far,
therefore, as the evidence goes, the Sakya and
Lichchhavi constitutions appear to resemble
each other to a great extent.

We possess no detailed information regarding
the constitution of the other clans to which
reference is made in the Buddhist and Jaina
texts. They probably belonged to the same type,
and on the whole the states governed on these
democratic principles seem to have enjoyed
considerable prosperity. Buddha's reply to the
ministers of Ajatasatru is an unimpeach-
able testimony of the inherent strength
of the Lichchhavis. We also learn from

^ Carmichacl Lectures, First Series, p. 101.
•' Jut., Vol. V, p. 413, 1. 15.

CHAPTER HI

239

Ekapanna-Jataka (No. 149, 1, 504) that " in those
days Yaisali enjoyed marvellous prosperity. A
triple wall encompassed the city, each wall a
league distant from the next, and there were
three gates with watch-towers." The high
admiration entertained hy Buddha towards the
Lichchhavi people has already been referred to.
Mutual discord, as pointed out by Buddha, was
however the chief danger in these states, and
the way ^ in which Yaisali was conquered by
Ajatasatru by sowing dissensions among its
chiefs is probably a typical example of the fate
which befell many others.

The Buddhist Texts thus clearly establish
the fact that some states in ancient India possess-
ed democratic forms of government, the most
notable feature of which was the supreme
popular assembly, that regularly held its sittings
at the Santhagara in the capital city. It has
been noticed above that the Buddha introduced
the same democratic principles in his church
government. The Buddhist Texts naturally dwell
at greater length upon the latter, and make it
possible to form a definite idea of the procedure
by which the deliberations of these religious
assemblies were guided. Years ago Prof. Olden -
berg ^ noticed some of the important features of

^ Cf. Atthakatha translated by Tnrnonr in J. A. S. R., Vol. VIT,
p. 994 ff, f. n

2 Buddha, p. 349.

•240 CORPORATE LIFE

this procedure. Mr. K. P. Jayaswal has since
treated the subject in a systematic way, and,
Avbat is more important, has deduced from it
valuable information about the constitution of
non-monarchical states.' Thus he says: — ''We
may safely accept the proce-
• ^iirt^^K ^"^"fTf^ dure followed at the delibera-

in the meetings or the

Supreme Assembly in tioUS of the Buddhist Saihffha

a democratic state. ~

as identical with that observed
by its parent, the political Samgha, in its main
features." Prof. D. R. Bhandarkar has also
practically supported this view,'^ and laid some
stress on the argument, originally advanced by
Mr. Jayaswal, that as the Buddha never stopped
to explain the technical terms like pmpti,
pratijna, they must be held to have been already
current and fairly well known in his time.

This argument may, however, be at once
disposed of. It is generally admitted that the
Buddhist scriptures were not put into writing till
a considerable period had elapsed since Buddha's
death, and as these technical terms must have
been in constant use during this interval, they
were too well known then to require any specific
definition. It is not however quite accurate to
say that these terms have never been defined in
the Buddhist scriptures, for although no logical
definition has been offered, the term jnapti,

1 Modern Review, 1913, p. 664 £E.

- Carmichael Lectures, First Series, p. 184,

OHAPTER III

Ul

and the whole procedure has been fully explained
on the first occasion when we hear of it, in con-
nection wdth the initiation ceremony.

Thus we learn from Mahavagga, I, 12, that
originally the pabhajja and uimsampada ordina-
tions were conferred on a candidate after he
repeated thrice the well-known formula " 1 take
nay refuge in the Buddha, I take my refuge
in the Dhamma, I take my refuge in the
Samgha,"

Later on, on the occasion of initiating a
particular Brahman, the Buddha laid down as
follows (Mahavagga, I, 28): —

''I abolish, 0 Bhikkhus, from this day the
Upasampada ordination by the three-fold decla-
ration of taking refuge, which I had prescribed.
I prescribe, 0 Bhikkhus, that you confer the Upa-
sampada ordination by a formal act of the Order
in which the announcement (nafti) is follow^ed
by three questions.

And you ought, O Bhikkhus, to confer the
Upasampada ordination in this way : Let a
learned competent Bhikkhu proclaim the follow-
ing mtti before the Saihgha :

' Let the Samgha, reverend Sirs, hear me.
This person ]N. N. desires to receive the Upa-
sampada from the venerable N. N If the

Samgha is ready, let the Saihgha confer on N. N.
the Upasampada ordination with N. N. as Upaj-
jhaya. This is the natti.
31

242 CORPOBATE LIFE

' Let the Samgha, reverend Sirs, hear me.
This person N. N. desires to receive the Upasam-
pada ordination from the Venerable N. N, The
Samgha confers on N. N. the Upasam pada ordi-
nation with N. N. as Upajjhaya. Let any one
of the venerable brethren who is in favour of the
Upasampada ordination of N. N. wdth N. N. as
Upajjhaya, be silent, and any one who is not in
favour of it, speak.'

* And for the second time I thus speak to you :
Let the Samgha, etc. (as before).

' And for the third time I thus speak to you ;
Let the Samgha, etc.

N.N. has received the Upasampada ordination
from the Samgha with N. N. as Upajjhaya. The
Samgha is in favour of it, therefore it is silent.
Thus I understand." (S. B. E., XIII, pp. 169-
170.)

Now this is a full exposition of the procedure,
and was quite intelligible to everybody even if
he heard of it for the first time. If Buddha
merely copied existing institutions and usages
he might have expressed himself more briefly.
Then, again, the string of regulations laid down
in Mahavagga, IX, 3, also shows that the Buddha
was constructing a whole system of procedure
and not merely copying it from that of a
political state. There is nothing, therefore, in
the method of Buddha's exposition of the pro-
cedure, to show, that it was already current, and

CHAPTER III 243

that he merely adopted it for particular kinds of
eases arising in his organisations. The only-
other argument advanced by Mr. Jayaswal in
support of his theory, is the assumption *that
the Buddhist Brotherhood, the samgha, was
copied out from the political samgha, the republic,
in its constitution.' But though we may gene-
rally believe that in forming his church, the
Buddha was inspired, to a great extent, by the
highly flourishing democratic states in his neigh-
bourhood, it would be too much to say that he
deliberately copied any one of these constitutions
or accepted anything beyond the general demo-
cratic principles involved in each of them.

It would therefore be risky to accept the
detailed regulations of the Buddhist church as
applicable to the procedure adopted by the
political assemblies of the great democratic
states. Nevertheless an historian may study
them with profit in order to obtain a general
view of the stage of development attained by
the latter. For, when subjected to a careful
analysis, these regulations unfold to us a
number of characteristic features which are so
intimately associated and almost organically
connected with the workings of popular assem-
blies that it is difficult, nay, almost impossible,
to believe that their knowledge was confined
to only one sphere of life. They are so indis-
pensable to the successful working of big

^244 COKt>ORATE LIFE

assemblies, that we may accept it as almost
certain, that had they been known in one sphere
of life they were sure to be imitated in others.
Thus when we read in ChuUavagga, IV. U, 19 tf .
how a matter could be referred by the assembly
to a committee we may be almost sure that the
well-known modern system of expediting busi-
ness by referring complicated questions to
committees was not unknown to the ancient
Indian assemblies, religious or political. Por
this feature is so essentially necessary for the
successful working of an assembly, and its utility
so obvious even to the common mind, that
whether it had originated in the church or in a
political assembly, it was sure to have been
copied by the one from the other, xlrguing on
similar lines the following important features of
the popular assembly of a democratic state may
be gathered from the regulations relating to
procedure laid down in the Buddhist scrip-
tures.^

(a) Definite rules were laid down regarding
the form of moving resolutions in the assembly.
(For instances in Buddhist church cf. ChuUa-
vagga, I Y. II. 2; XI, 1.4).

{b) There was a rule of quorum (Mahavagga,
IX. 3. 2).

{c) In case ofa difference of opinion, the
sense of the assembly was determined by the

^ Cf. Mr. Jayaswal's article in Modern Beview, 1913, p. 664 ff.

CHAPTER ill a4r5:

votes of the majority. There were prescribed
methods for counting the votes, and voting by
ballot was not unknown. (Chullavagga, lA^. 9;
IV. 14 26).

{d) Complicated matters w^ere referred to
i\\Q committees, and if they were unable to come
to any decision, the matter was referred back to
the assembly. (Chullavagga, IV. 14. 24).

{e) Definite rules seem to have been laid
down regarding such matters as votes of absentees
(Mahavagga, IX. 3. 5-6) ; and subsequent
legalisation of acts done by an illegally consti-
tuted assembly (Chullavagga, XII. 1. 10).

4

Next to the Buddhist Literature, the writ-
, inffs of the Greeks may be

ilie evideuce of '-' *'
Greek writers on the lookcd UpOU aS the mOSt im-
republican and oligar-
chic states in ancient portaut sourcc of iuformatiou

regarding the subject under

neview. They clearly demonstrate the existence

of the non-monarchical forms of Government,

both aristocratic and democratic, at the end of

the fourth century B. C. when the great Maurya

Empire was in the making. Megasthenes lived

for some time in India and as a Greek

politician must be presumed to have possessed

definite knowledge regarding the distinction

between aristocratic and democratic forms of

246 CORt»ORATE LIFE

government. We ought not therefore to hesitate
to accept his statement, that 'most of the cities
in his time adopted the democratic form of
government' (McCrindle's Translation, p. 40).
It is in the light of this remark that we ought
to explain his other statements that "the
Maltecorae, Singhae (and other tribes) are free
and have no kings '' {Ibid, pp. 143-144)," and
also that " those who live near the sea have no
kings" {Ibid, p. 156). Eick, however, denies
that there were republican states in the days of
Megasthenes. In his opinion, what the Greek
author really meant was simply the fact, that
in the immediate neighbourhood of a great
kingdom like Magadha, some towns or small
states preserved their independent existence, and
not that their form of government differed
radically from that of a kidgdom.* I am unable
to endorse Mr. Tick's opinion, as he adduces no
reason for the same, and specially in view of the
fact that a Greek politician is hardly likely to
commit mistakes regarding such familiar institu-
tions as democratic and aristocratic forms of
government. Besides, Megasthenes' account is
corroborated by the statements of other Greek
writers. Thus Arrian tells us that a republic
was thrice established in India before the time
of Sandrocottos.^ It is true that the Greeks

^ Fick, p. 90.

- Arrian's Inclika, truuslated by MoOrinclle, p. 2U3.

CHAPTER III U1

could not possibly have any authentic knowledge
of these events, but even a tradition of this
character, current among the Indians, would go
a great way towards proving our point. Then,
Arrian categorically asserts, with reference to the
class of officers called Superintendents that 'they
report everything to the king where the people
have a king and to the magistrates where the
people are self-governed.'^ There can be no
question that here Arrian contrasts the kingdoms
with non-monarchical states.

Again Quintus Curtius refers to the ' Sabarcae*
as ' a powerful Indian tribe where the form of
government was democratic and not regal. '^ An
idea of the extent and resources of this demo-
cratic state may be formed from the fact that it
possessed an army consisting of 60,000 foot,
6,000 cavalry and 500 chariots. When Alexander
marched against them they elected three gene-
rals, a fact quite in keeping with their form of
government. It must also be noted that here
the question is not of a city-state, for we are
told that the bank of the Indus was * most thick-
ly studded with their villages,'

The Greek writers also prove the existence
of states ruled by oligarchy. Thus Arrian's
Anabasis leaves no doubt that the city-state of

1 Ihid, p. 212.

* McCrindle, p. 252. Diodorus also says of the Sambastai (who are
identified by some with the Sabarcae) that * they dwelt in cities m
which the democratic form of Government prevailed ' (Jbid, p. 292).

248 CORPOHATE LIFE

Nysa had an oligarchical form of government,
its governing body having consisted of a presi-
dent and 300 members of the aristocracy. For
we are told that *' when Alexander came to Nysa,
the Nysaians sent out to him their President
whose name was A-kouphis, and along with him
thirty deputies of their most eminent citizens."
We further hear that Alexander " confirmed
the inhabitants of Nysa in the enjoyment of
their freedom and their own laws ; and when he
enquired about their laws he praised them
because the government of their state Avas in the
hands of the aristocracy. He moreover requested

them to send with him 100 of their best men

selected from the governing body, which con-
sisted of three hundred members.'"

Again Arrian remarks, "It was reported
that the country beyond the Hyphasis was ex-
ceedingly fertile, and that the inhabitants were
good agriculturists, brave in war, and living
under an excellent system of internal govern-
ment ; for the multitude was governed by the
aristocracy, who exercised their authority with
justice and moderation."' Strabo also records
a tradition, about the same country, that there
is " an aristocratical form of government consist-
ing of five thousand councillors, each of whom
furnishes the state with an elephant."^

' McCrindle, pp. 79-81. '^ McCrindle, p. 121.

^ Megasthenes — Indica, p. 67-

CHAPTER III

249

The Greek writers also mention various other
tribes such as the Malioi, Oxydrakai, Xathroi,
Adraistai, etc., who seem to have lived under a
non monarchical constitution, either aristocratic
or republican. It is also a noticeable fact that
the majority of the Indian states with which
Alexander came into contact belonged to this
category. It may be safely inferred, therefore,
that in the 4th century B.C. the non-monarchical
form of government was more prevalent in the
Punjab than the monarchical constitution.

§ 5

A fitting commentary to the accounts of the

Greek writers about the non-
Discussion about

non-monarchical states mOUarchlCal StatCS Ot tllC 4th
in Arthasastra. , t> /->i • o • i i i

century B.C. is furnished by
the Arthasastra of Kautilya, the celebrated
minister of the founder of the Maurya Empire.

Kautilya devotes a whole chapter (Bk. XI,
Chapter I) on ' corporations ' and divides them
into two classes : —

?:T^?|5^q^f^^: I '' (p. 376.)

Thus the first class consisted of the Kshatriya'i
guilds which followed trade, agriculture and
military profession. These have already been
3-^

250 CORPORATE LIFE

discussed in connection witli the guilds. It may
only be noted here that it appears from Kautilya's
tenor of writings that they had sometimes an
independent political career.

The other class of corporations was that of
the Lichchhivikas, Vrijikas, Mallakas, Madrakas,

• Kukuras, Kurus and Panchalas who made use
of the epithet of king {raja)}

The statement that the Lichchhivikas make
use of the epithet of raja is corroborated, as we
have seen above, by the Buddhist literature.
The Arthasastra merely proves that the Lich-
chhavis survived the attacks of Ajatasatru and
that their democratic constitution existed at
least up to the end of the fourth or the begin-
ning of the third century B.C. I have already

. given some account of the constitution of the

1 The word ' T15l?l5ftq^tf^*T:' is one of considerable difficulty.
' ^1^95«^ * may be compared with such expression as ' 5^^T515}«^ ' in
e.g., Raghuvamsa, 111-35 '^^W ^^ ^^T\mw^^^,' and tran-
slated as " epithet, or title (including rank ?) of a king." But the
ordinary meaning of * ^^^f^f. ' is hardly suitable here. Thus Shama-
sastry's translation : *' The corporations...... live by the title of a raja"

offers no meaning ; for how can one possibly live by a title ? In V. S.
Apte's Sanskrit Dictionary * to make use of ' is given as one of the
meanings of the root ^3^^^ and the following is quoted from Mbh.
in support of it. ' cTfcf^Tft *niT ^f¥^^q^5q%-' This meaning
is quite suitable to both the expressions above. In the passage of
Mbh. the implied force'of *^m^^' is that the poets not only make use
of ' BhSrata ' but also derive materials for their books from it. It may
be held, therefore, that in the present case also the Lichchhivikas not
only made use of the epithet of king but this supplied the material or
the essence of their corporate existence.

CHAPTER Hi

25l

Lichchhavis, and it may be presumed that it did
not alter much at the time of Kautilya, and
that the constitution of the other corporations
mentioned by him belonged to the same type.
He does not give us much information on this
point but the little that he says is fully compa-
tible with this view of the case.

Thus it is evident from the following passage
that there was a general assembly of the corpo-
ration, and that the executive officers (called
Mtikhyas) were subordinate to it.

'Z^crT^T^WT^T'ffT ftr^sq^^ ^'^r^f ^ W3Bi R?Rt-

Here we must presume a general assembly
of the corporations, for v:^ cannot mean any-
thing but ' in the midst of the assembly.' As
the assembly had the right of hearing complaints
against, and punishing, the ' Mukhyas^^ they
must be held to have been subordinate to it.

E,. Shamasastry has translated the word
' MtMya ' as the chief oF a corporation (pp. 457,
458). This may be taken to imply the existence
of a supreme chief, but I do not find any autho-
rity for this view. That there were several

^35-2 COKPORATE LIFil

* Mukhyas ' is quite clear from such expressions
as '^w^^t^ ^f^^T^" (p. 377), '^ftr^^m

fTOvrrS g^ ^^T^ ^^ ^?^" (p- 379).

Mukhyas should therefore he taken as ' execu-
tive officers.'

The memhers of the assembly were called
rajas. This not only follows from the word

* TT^i!«^^^f^*f! ' btit also from such expressions
as '* ?I^^f^FHT^^^^^f^H5fT." Evidently one
could be imprisoned or rejected (lit. thrown away,
i, e.y probably exiled) only by the orders of the
assembly. Hence * ?:T5TSifs^ ' would denote the
members of the assembly or in other words each
of them had the epithet * ?:t^ ' or king. The
democratic nature of the constitution is well
hinted at by Kautilya in the following passage.

^\^ pf5riT%ic! ^f^TTTg^gff: II (p. 379.)

Thus the ' ^Tf ^|^ ' was to pursue that course of
action which was approved by the members of
the ^1^ I

The list of corporations given above is indeed
suggestive. It includes Vrijikas, Lichchhivikas
and Mallakas in the east, the Kurus and Pancha-
las in the centre, the Madrakas in the north-west
and the Kukuras in the south-west, of nortliern
India. This shows that at the beginning of the
Maurya period, the whole of northern India
was studded with these democratic states. That

CHAPTER III

t^53

they possessed considerable power is admitted
by Kautilya himself when he says that to a king
the acquisition of the help of corporations is
better than the acquisition of an army, a friend
or profits. Kautilya thus corroborates and
supplements the accounts of the Greek writers
whose picture of India, it may be noted, refers
exactly to the same period.

The onward march of imperialism was, how-
ever, destined to make a clean sweep of all these
centres of corporate political activities, and the
Avay was paved by the unscrupulous doctrines
of the Machiavellian minister of the founder
of the great Maurya empire. The existence of
independent democratic states seemed incom-
patible with his conception of empire, and the
great minister set himself to the task of under-
mining their power by any means fair or fouM

Any one who reads the chapter on ' Samgha '

in Kautilya's Arthasastra is sure to be struck

with the stern resolve and the

The imperialism of .

Kautilya and its steady and persistent eiiorts

disastrous effects on i . i i i i i i •

the non-monarchical With whlch hC prOCCCded to hlS

task. His political insight
could not fail to grasp the cardinal fact that was
hinted at by Gautama Buddha, viz., ' that the
essence of the strength of a corporation lies in
the unity among its members,' and all his
practical statesmanship, and the truly remark-
able power of inventing ingenious devices was

^54 CORPOKATE LIFE

employed for the one end of sowing dissensions
among these corporations. Thus he lays down
the cardinal doctrine that "spies, gaining access
to all these corporations and finding out jealousy,
hatred and other causes of quarrel among them,
should sow the seeds of a well-planned dissen-
sion among them." The spies employed, and
the ways and means adopted by them, were to
be of various kinds. They should incite mutual
hatred by telling one in secret ** this man decries
you " ; under the guise of teachers they should
cause mutual enmity on occasions of disputa-
tions about certain points of science, arts,
gambling or sports ; ' the fiery spies ' should occa-
sion quarrel among the leaders of corporations
by praising inferior leaders in taverns and
theatres; and all the while the unblushing
autocrat was to secretly help the inferior party
with men and money and set them against the
superior party. Nay, more; the Brahmin minister
of Chandragupta did not hesitate to recommend
the free use of wine and women to achieve
his purpose. Thus, * on occasions of any affray
(f%5F^^T%) spies under the guise of vintners
should, under the plea of the birth of a son, of
marriage or of the death of a man, distribute as
toast (^^^f^^) hundreds of vessels of liquor
adulterated with the juice of * madana ' plant.
Women endowed with bewitching youth and
beauty may be exhibited to excite love in the

CHAPTER III

255

minds of the chief of corporations, and then by
causing the woman to go to another person or
by pretending that another person has violently
carried her off, they may bring about quarrel
among those who love that woman ; in the
ensuing affray the fiery spies may kill one of
them and declare " Thus has he been killed in
consequence of his love." I pass by the other
devices which are suggested to achieve a man's
ruin by alluring him with feminine beauty but
there is one which is too remarkable to be left
unnoticed. It is suggested that a mendicant-
woman — a spy — should tell a chief who is fond
of his wife, " this (another) chief, proud of his

youth, has sent me to entice your wife secret

steps should be taken against him." The conse-
quence of course is obvious.

§6

It was by these and similar means that

Kautilya sought to achieve his grand ideal, viz.,

'that his master should live as

i.^::Z:^:T^e the only monarch of all the

imperialism of Kanti. corporatious ' (p. 379). The

L ideal was possibly realised to a

great extent, for we have no positive evidence
of the existence of these mighty corporations
during the period of the Mauryas. The corpo-

25G CORPORATE LIFE

was, however, too deeply rooted in the soil to
die merely at the fiat of an imperial master.
With the downfall of the strong centralised
government established by the prowess of
Chandragupta and the genius of Chanakya, the
independent political corporations reared up
their heads again, and some of them attained the
higliest pitch of greatness and glory. Numisma-
tic evidences prove that the Yaudheyas, the
Malavas, the Vrishnis, the Arjunayanas, the
Audumbaras and the Kunindas had established
their indepandence during the century that
followed the overthrow of the Maurya empire.
It is true that we no longer hear of the
Lichchhivikas, the Vrijikas, tlie Kurus and the
Panchalas as forming republican states, but
their r6le is played by the Malavas, the
Yaudheyas, the Arjunayanas and others. So
true is it that the individual dies but the spirit
survives ! It is a remarkable fact that the
republican states in the neighbourhood of
Magadha vanish for ever. One alone, the
Lichchhavis, indeed appears again in history, but
then they lived in Nepal under a monarchical
form of government. The theories of Kautilya
thus seem to have been carried into practice
with a completeness that is truly surprising.
Political ideas, however, underwent a great
change in the succeeding period. The ideas
which inspired the writings of Kautilya seemed

CHAPTER III

267

out of date when India had drunk deeply into

imperialism for a few centuries. Political schools

arose, outside the sphere of influence of Kautilya,

which evinced as much solicitude for the wel»

fare, prosperity and continued existence of these

republican states as the latter had done for their

ruin and destruction. A fair specimen of their

writings has been preserved in section 107 of the

Santiparva of Mahabharata.^

To Mr. K. P. Jayaswal belongs the credit of

furnishing the right interpretation of the passage

and explaininof its bearinoj up-
New political theo- ^ ^ ^ \

lies favouring the exis. ou the republican states of

tence of non-monarchi- . -r t tt t i J

cai states. ancicut India. He did not,

however, notice that it ushered
in a new epoch of political thought which was
a re-action against that represented by the school
of Kautilya. It is but seldom that we can trace
the successive stages in the evolution of political
ideals of ancient India and the few instances
in which we are in a position to do so becomes
therefore invested with a special degree of

^ It is difficult to determine, even approximately, the dates of the
various portions of the great Epic. In the present case, however, the
task becomes comparatively easier as we have independent internal
evidence to show that this portion of Mahabharata is later in point of
time than Kautilya's chapter on Corporation. It is evident, from
Panini's use of the term, that ' Samgha ' was at first used to denote
all corporations. Later on, the term was monopolised by the Buddhist
religious community, and as the coins show, the term * gana * was
almost exclusively employed by the post- Mauryan political corporations.
Now Kautilya uses only the term Samgha to denote corporation while
'gana' alone is used in §107 of ^antiparva. This seems to me to give
rise to a strong presumption in favour of the priority of the chapter in
Arthasastra to the corresponding one in Mahabharata.

33

258 CORPORATE LIFE

importance. In the case of the independent
political corporations, we have seen how the
great Gautama Buddha looked upon them with
favour and how they flourished in his days.
But the growing imperialism of Magadha could
ill brook their existence, and already in the
days of Gautama Buddha, the minister of Ajata-
satru was paving the way for the ruin and
destruction of one of the most important of
them. The unscrupulous ways in which he
sowed the seeds of dissension among the Vajjians
are narrated in detail in the Atfchakatha ^ and
may be looked upon as but practical illustration
of the views of that school of politics which
found its great exponent in Kautilya. The
theory and practice worked side by side, with
the result that a clean sweep was made of these
political Samghas with the expansion of the
Maurya Empire. In the home provinces of the
Mauryas the destruction was so complete that
we never hear of any political corporation in
ages to come. The spirit, however, which gave
birth to these political corporations was slow to
die. This is proved, first by a new school of
political thought which favoured the growth
and development of the political Samghas and
secondly by the appearance of a number of them
as soon as the strong hands of the Mauryas were
withdrawn.

^ Trauslated by Tumour in J. A. S. B., VII, p. 994, f.n.

CHAPTER 111

259

The section 107 of Santiparva may be looked
upon as representing this new

A remarkable disser- t • -i i

tation in Mahabharata SChool 01 political thoUght.
on non-monarchical _ . r. ii •

states and the condi- In vicw ot the importance of

tions of their welfare. ,-, i • i^ t i ii

the subject I reproduce the
important passage and add a free translation of
the same.

'^gs^^u^ml: n^qi^tcitcT^^ ii^ii

1 The Calcutta Edition has " m ^r5T5g??^gwT^'^'?f ' ^ f^TfjJ«ft."
This does not offer any satisfactory meaning.

^60 CORPORATE LIFE

cT^Hcf Wff^it^ H^^^'f T^T. ^^T nu

"ttt^i^: 11^^% ^^isi5fT: ' q?:^?:^^ i

ft^riiir w^z^'^ f%^^5^ ^it^tt^t: ii?^ii
f^<5rg^ ??WT^rft ^4?^ ^^ ^^t; mo

1^^^ ^^ ^T^ 'PUf^ff ft^: 11^ ^11

Read ^^^: I

CHAPTER III ^61

«£8|iMR^ fir^^ f^rlr!^ flf^'IRn I

3i^g ^^WT ^TcIT: ^f^^^f^cTT I

^fft?r^ 'Tm ^^fk{ im^^^ ^Tj3fiJ[ ii^cji
$^sr q^T'TT^ fvr^^ ftgfHw: 1

Yudhisthira said " I wish to hear, O the
most enlightened one, the course of conduct
(lf%) of the ganas (6) ; how the ganas prosper
and are not torn by dissensions, conquer the
enemies and acquire allies (7). The destruction
of the ganas is primarily caused by dissensions
and, in my opinion, it is very difficult to keep
secret the counsels of many (8). So I would
like, O oppressor of enemies ! to hear in detail
everything (about them), and specially tell
me O Bharat ! how they may not be torn by
dissensions (9). Ehishma said '' O king, the best
of Bharatas ! among the ganas, the kulas, and

262 CORPORATE LIFE

the kings, ambition and want of toleration lead
to hostilities (10). For when one is seized with
ambition he becomes intolerant and bad spirit
is created between two such (persons) (11).
Mutual troubles are caused by spies, counsels
(fp^) and military force, the triple method of
sama (conciliation), dana (gift) and bheda (dissen-
sion), and by means of threatening with the loss
of men and money (12). It is by means of these
measures that the ganas, the essence of whose
existence is unity, are torn into factions and
being disunited and dispirited, succumb to the
enemy through fear (13). Disunion brings ruin
upon the ganas ; disunited, they fall an easy
prey to the enemies ; so they should always put
forth their efforts in unison (M). Money can be
acquired if the ganas ^ combine their strength
and efforts ; and when they live in unity exter-
nal powers also make alliance with them (15).
Wise men praise those who are willing to listen
to each other's advice ; those who give up selfish
interests acquire happiness in all respects (16).
The best of ganas becomes prosperous by ap-
pointing pious men, by laying down rules for the
administration according to sastras, by observing
them properly (17), by chastising (even) sons
and brothers, by always instructing them, and by

* It is doubtful whether the unity recommended is that of
several ganas, iu the nature of a confederation, or merely the unity
of the members of a single gana.

CHAPTER III 268

accepting them when they are rendered submis-
sive (to authorities) (18). Prosperous, again, are
those ganas that always devote their attention to
the organisation of spies and counsels and the
accumulation of treasure (19). O king! the
ganas that pay due respect to the wise, the valor-
ous, the active, and the men of steady efforts in
business, acquire prosperity (20). The ganas
that are strong in resources, brave, expert in the
use of arms and weli-versed in the sastras rescue
the bewildered in times of grave danger (21).
O the best of Bharatas ! anger, dissension, fear,
chastisement, causing torture and punishment,
and lastly murder, immediately bring the ganas
within the clutches of the enemy (22). So the
gana leaders (^TOg^^n:) should be respected, as
the worldly affairs (of the ganas) depend to a
great extent upon them, O king ! (23). O op-
pressor of enemies ! the spy (department) and
the secrecy of counsels (should be left) to the
chiefs, for it is not fit that the entire body of
the gana should hear those secret matters (24).
The chiefs of gana should carry out together,
in secret, works leading to the prosperity of the
gana (25), otherwise^ the wealth of the gana
decays and it meets with danger (26). If,
disunited, every one severally tries to act up to
his own capacity, they are to be at once checked

^ I am unable to explain the phrase ' * i^I'^T'lF^ f^T^HJ f^cIcT^ "
occurring in this connection in the text.

264 CORPORATE LIFE

chiefly by the learned (27). Quarrels in
families, ignored by the old men of the family,
destroy the ' gotras ' and thereby create dissen-
sion among the ganas (28). It is the internal
danger O E-ajan ! that is chiefly to be guarded
against; the external danger is not of much
importance, but the internal danger immediately
saps the very foundation (29). If through sudden
anger, passion, or natural ambition, (the members)
do not speak to one another, although similar
in caste and family, — that is a sure sign of defeat
(30-31). The ganas are torn asunder by the
enemies, not by exertion, intellect or tempting
them with beauty, but by creating dissensions
and offering bribes ; so it is said that unity is
the chief refuge of the ganas (31-32).

<The new school thus appears to possess genuine

sympathy for these political
i.^grorti:Uw%choo': corporations. The contrast with

the school of Kautilya is indeed
a striking one. Instead of suggesting dubious
devices by which ruin may be brought upon the
' ganas,' it offers healthy recommendations for
avoiding those pitfalls and dangers to which
they are peculiarly liable. It is never tired
of drawing particular attention to the evil
consequences of disunion and dissensions which
have been the eternal danger of this popular
form of government, and recommends forbear-
ance and toleration as proper remedies against

CHAPTER III 265

them. Another drawback in the popular system
was the difficulty of maintaining secrecy in
counsel. In order to remove this defect they
suggest the formation of something like a small
cabinet which alone would deal with matters
requiring secret deliberation. We can very well
believe that this suggestion was based upon
actual examples and that the more important
of the existing ' ganas ' already possessed this
cabinet system of government. Among other
things, the establishment of a good system of
laws and their strict enforcement, impartia,l
administration of justice to all, including sons
and brothers, organisation of the spy system,
gradual accumulation of funds in the treasury,
and proper respect to the more important persons
— these are looked upon as tending to the
prosperity of the ' gaijas.' In general, the inter-
nal danger is looked upon as more serious than
the external one, and it was generally believed
that if there were no dissensions within, they
were a match for any powerful enemy. This
idea, it will be remembered, is as old as the time
of Gautama Buddha, and was beautifully illus-
trated in the case of Ajatasatru's conquest of
Vaisali. Even such a powerful king as Ajatasatru
did not venture to attack the Vajjians till he had
sent his minister as a spy and created mutual
distrust and dissensions among them by his
agency. The new political school seems also to
84

266 CORPORATE LIFE

recommend a close unity among the different
ganas. It was probably hoped that such con-
federation of ganas would be in a better position
to fight against their powerful enemies.

Other passages in Mahabharata show equal
solicitude for the prosperity of political gana or
samgha. The ' old legend of Vasudeva and
Narada ' recited to Yudhishthir by Bhishma
(Santiparva, Ch. 81) is an instance to the point.
Vasudeva relates to Narada the difficulties that
have arisen in the affairs of the confederacy
(samgha) composed of the Andhakas, Vrishnis,
Kukuras and Bhojas. The principal difficulty
seems to have been the division of the leading
men into a number of irreconcileable groups
accompanied by mutual animosity and recrimi-
nations. Narada tells Krishna in reply that the
real remedy does not consist in violent measures
but in a policy of conciliation.

The idea is further developed in reply to
Krishna's question about the ' ^rfR^ii^ ' : —

^^If nft^T ^ ^'^^cf^fm^ IR?

fira csc* f ^* ^^* ^m^^ ii^iftr ^ ir^

CHAPTER III 267

^Ti^WTH^^: ^f^^T^n^T ^T^r^T^^ i

The last verse clearly refers to the constitu*
tion as a Samgha. We get some details of it in
Sabhaparva, Ch. 14 We are told that it consisted
of 18 kulas and 18,000 brethren, i.e., probably
adult male memb^s. Eeference is also made to
Bhoja-rajanya-b^iddhais^ and this seems to imply
that there was an Executive Council of which
these were members. In the passage quoted
above, Krishna, the leader of the Sarhgha^ is
asked to appease all parties by tactful manage-
ment. It is emphasised that ' disunion ' is the
root cause of the ruin of the Somghas and
Krishna is specially reminded to beware of it.
The use of the word ' Samgha ' denotes that the
episode is really a piece of Tf^PBT* 3^cH* (V. 2)
as Bhisma describes it to be.

As the school of Kautilya brought ruin
upon the political Samghas, it is but natural that
the new school of political thought should
be accompanied by their revival. The Maha-
bharata itself refers to quite a number of

^ Cf. Sabhaparva, Ch. XIV, verses 25, 32, 35, 55, and 56.

268 CORPORATE LIFE

non-monarchical clans such as the Kiratas, the
Daradas, the Audumbaras,
monarliTicai stLte.^^""' the Paradas, the Bahlikas, the
Sibis, the Trigarttas, the
Yaudheyas, the Kekayas, the Ambashthas,
the Kshudrakas, the Malavas, the Paundras,
the Angas and the Vangas.^ They are called
arenimanta and sastradharin^ and these phrases
may be compared to the Kshatriya'sreni of
Kautilya and the Ayiidha-jwi'Sangha of Panini,
to which, it may be noted, one of the above
tribes, viz,^ the Yaudhey^^s, is expressly declared
to belong. As to the Bahlikas, we are told
elsewhere in Mahabharata,^ that ' the Bahlika
heroes were all rajas' This again reminds us of
the phrase raja-sabd-opajlm in Kautilya's Artha-
sastra, to which reference has been made above,
as well as of the fact, mentioned in the Jatakas,
that the Lichchhavis were all called rajas.
Reference is also made to other tribal organisa-
tions, such §s Anartta, Kalakutas, Kulindas^
etc., although there is no express mention of
their form of government.

It is difficult to assign these tribal states to

Shortly after the ^^^ A^^^ie historical pCriod

downfall of the Maurya simplv OU the authoritv of

empire. ^ *^ *'

Mahabharata. But here the

^ lUd, Ch. LIT., verses 13-16. ^ jbid, verse 17.

^ Ihidf Ch. XXXIV, verse 13. " BahUhaa = ch = apare iura rajanah
sarvva eva te." * Ch. XXVI : 21-4.

CHAPTER III 269

numismatic evidence comes to our help and
definitely proves the existence of a number of
political Sanghas, including a good many of those
mentioned above, shortly after the downfall of
the Maurya empire. A short historical note on
each of these is given below.

1. The Ymidheyas : — As already noticed
above, they formed an '^j^^^fJr
mo^rchicliKes''''''" ^BTl^ ' in the days of Panini.
Our knowledge about them is
derived from coins and inscriptions. The earliest
class of their coins dates, according to Cunning-
ham,^ from about the first century B. C. Rapson^
agrees with him and refers them to about 100
B. C. and V. Smith^ is of the same opinion. The
legend on the coin is " Yaudheyana " and this
has been changed into the next class of coins as
" Yaudheya-ganasya jaya.'^ An idea of the
power and resources of the Yaudheyas may be
formed from the phrase in the Girnar Inscription,

" of the Yaudheyas, rendered proud by having
manifested their title of heroes among all Ksha-
triyas."* Such praises, coming from an enemy,
are indeed of great significance and lend some
weight to the claim of the Yaudheyas themselves
* that they possessed the secret charm of winning

» C. A. I. p. 76. 2 E.. Ic. p. 15. 3 V. Cat., p. 165.

* Ep. Ind. VIII. pp. 44-47.

270 CORPORATE LIFE

victories.'^ Rudradaman boasts in the Girnar
Inscription of ' having rooted out the Yaudheyas/
but coins and inscriptions prove that they survived
the shock and existed as a powerful political
factor down at least to the end of the fourth
century A. D. The name of the Yaudheyas
occurs in the Allahabad Pillar Inscription of
Samudragupta as one of the tribes that " gave
all kinds of taxes, obeyed orders and performed
obeisances " to the great Gupta Emperor.^ But
it is quite clear from the context of the inscrip-
tion that the state of the Yaudheyas did not
form part of the territory directly administered
by the Guptas but was something like a frontier
kingdom owing allegiance and paying taxes to
them.^

The locality under the sway of the Yaudheyas
may be determined from their coins and inscrip-
tions. One of their inscriptions was found at
Bijayagadh in the Bharatpur state and their
clay seals were found at Sonait near Ludhiana.
Their coins were found at Behat near Shaharan-
pur/ " to the west of the Satlej, in Depalpur,
Satgarha, Ajudhan, Kahror, and Multan, and to

* This appears from the legend on a large clay seal discovered by-
Mr. Carr Stephen near Ludhiana (Proc. A. S. B., 1884, pp. 138-9)

^ C. I. I, III, p. 14.

^ Fleet had some doubts on this point {Ihid, note 1) but see Sylvain
Levi-Le Nepal, Vol. II, pp. 115-16.

* Prinsep's Essays, pi. IV, 11-12.

CHAPTER III ^71

the eastward in Bhatner, Abhor, Sirsa, Hansi,
Panipat and Sonpat."^ The coins of the Yaudheyas
are generally found in the Eastern Punjab and
all over the country between Satlej and Jamuna
rivers. Two large finds were made at Sonpath
between Delhi and Karnal,'^ four coins were
obtained in the Kangra District ^ and a great
many at a place called Jogadheri in the Eastern
Punjab.* The evidence of the find-spots of
coins regarding the locality of the tribe that
issued them is not entirely satisfactory. Still
we may regard the find-spots of coins as roughly
indicating the territories of the ruling tribe
if the conclusion is not against general pro-
bability nor contradicted by proved facts. In
the present case the find-spots of coins, joined to
the evidence of clay seals and inscriptions, seem
to indicate that the Yaudheya territory comprised
an area that may be roughly defined as being
bounded on the west by a line from Bhawalpur
along the Satlej and the Beas up to Kangra, on
the north-east by a straight line drawn from
Kangra to Shaharanpur, on the east by a line
drawn from Shaharanpur via Panipath and
Sonpath to Bharatpur, and on the south by a
line drawn from Bhawalpur via Suratgarh,
Bhatner and Sirsa, to Bharatpur.

It may be noted that the location of the

^ C. A. I., p. 77. ^ Ibid, p. 76.

3 Ibid, p. 79. * V. Cat., p. 165.

272 CORPORATE LIFE

Yaudheyas in this area is in entire agreement
with- the position assigned to them in the
Allahabad Pillar Inscription, between the Madras
on the one hand and the Malavas and Arjunayanas
on the other. It must not of course be at once
inferred that throughout the period of their
political existence the Yaudheyas exercised sway
over this vast extent of territory. The area
probably represents the greatest extension of
their power.

II. The Malavas, — According to the inter-
pretation of Sir R. G. Bhandarkar Panini refers
to the Malavas as living by the profession of arms
in the Punjab.^ They may be identical with
the Malloi tribe conquered by Alexander.
About six thousand coins of the Malavas were
discovered at an ancient site near the modern
town of Nagar, situated within the territory of
the Raja of XJniyara, who is a tributary of the
Maharaja of Jay pur. ^ The coins have the
legends " Malavahna jaya," " Malavanarii jaya "
and "Malava ganasya jaya." Some of the
coins bear names like Mapaya, Majupa, Magajasa,
etc., which are generally taken as the names of
chiefs of the Malava tribe. It is not known
with certainty whether the Malavas who issued
these coins were identical with or allied to the
tribe of the same name in the Punjab mentioned
by Panini.

^ I. A., 1913, p. 200. ^ Arch. Sur., Rep. VI, p. 162.

CHAPTER III 273

There is some difference of opinion regarding
the antiquity of these coins. Both Carlle/le and
Cunningham^ referred the earliest of these coins
to about 250 B. C, but Rapson and Y. Smith
bring this limit lower down to 150 B. C.'^ The
latter view seems to be incontestable so far at
least as the published coins are concerned, for it
is certain that none of them contains legends of
so early a date as the Asokan period.

Ushavadata, the son-in-law of Nahapana,
boasts in one of his Nasik Inscriptions ^ of having
defeated the Malayas. Numerous West Indian
Inscriptions prove that 'ya^ and ' va' are often
interchansred in Prakrit. Hence it has been
conjectured that the Malayas are identical with
the Malavas.* In the present instance the cir-
cumstance that Ushavadata went to the
Pushkara lakes, after his victory over the
Malayas, lends considerable weight to the pro-
posed identity, for the lakes are quite near to
Nagara, the settlement of the Malavas as deter-
mined from their coins.

Ushavadata says in his inscription : " And by
the order of the lord I went to relieve the
chief of the Uttamabhadras who was besieged
for the rainy season by the Malayas, and the
Malayas fled, as it were, at the sound (of my

^ Ihid, p. 182.

= V. Cat., p. 162. 3 Lud., No. 1131.

* Bombay Gazeteei , I, p. 28 ; Rapson— Andhra Coins, p. Ivi.

35

274 CORPORATE LIFE

approach), and were made prisoners by the
XJttamabhadras."^ It thus appears that like the
Yaudheyas, the Malavas too were at enmity
with the Scythian hordes that invaded their
neighbouring country at the end of the first
century A. D. and established a principality
under their leader Nahapana. It might be
naturally supposed that Nahapana was the
aggressor, but the reverse seems to be the case
as the Malayas attacked the Uttamabhadras,
probably a feudatory tribe of Nahapana, before
their side was taken up by the Scythian chief.

Several expressions, used to denote dates in
the Vikrama Samvat in later inscriptions, seem
to throw some lisjht on the historv of the
Malavas. These expressions are :

(1) ^RfM^T^t 'T'lTfef^rT ^

(2) ^T^^?Tnr%f?T^^cf ^

(3) ^T^^n^^m TO^ ffrl^ftS ^

Dr. Thomas and Dr. Sir R. G. Bhandarkar ^
take the word ' gana' in the sense of a " corpora-
tion " and infer from the above expressions that
the era of 58 B. C. dates from ' the foundation
of the tribal independence of the Malavas,' or,
as the latter would specify it still more, '' the
formation of the Malavas as a gam or body

1 Ep. Ind., Vol, VIII, p. 79. - C. I. I., Ill, pp. 83, 87.

3 Ihid, pp. 154, 158. * Ind. Ant., 1913, p. 161.

5 Ihid, p. 199.

CHAPTER III 275

corporate." Dr. Pleet^ and Professor D. 11.
Bhandarkar ^ on the other hand look upon the
expressions as simply denoting the fact that the
era was handed down by the Malava tribe or was
in use among them.

I am inclined to accept the contention of
Dr. Thomas and Dr. Sir R. G. Bhandarkar that
the word ' gana ' denotes a corporation but I am
unable to endorse their views about the origin of
the era. There is at least nothing in the express-
ions themselves to support the theory. The only
safe conclusion seems to be that as the Malavas
gave their name to the province where they
ultimately settled, the era which they used derived
its name from them, leaving undecided, for the
present, the question whether the era owed its
origin to them or not.

The Malavas were an important political
factor till at least the 4th century A. D. They
were defeated by Samudragupta and occupied the
same rank in the Gupta Empire as the Yaudheyas.

III. The Arjimayauas, — A few coins have
been discovered bearing the legend ''Arjuna-
yanana." These coins may be referred to the
first century B. C.^ The find-spots of the coins
are not recorded.

* For the long discussion on this point between Dr. Fleet and Dr.
Thomas, see J. R. A. S., 1914, pp. 413-14, 745-47, 1010-1013; J. R. A. S.,
1915, pp. 138-ff, 502-£f.

2 I. A., 1913, p. 162. 3 R. Ic, p. 11.

276 CORPORATE LIFE

The Arjunayanas are well known from the
Allahabad Pillar inscription of Samudragupta.
They were defeated by the Gupta Emperor and
occupied the same rank as the Yaudheyas and
the Malavas.

The locality of this tribe is diflB.cult to deter-
mine, in the absence of any record of the
find-spots of coins. The only clue is obtained by
the collocation of names in the Allahabad Pillar
Inscription of Samudragupta. It has been
surmised that as the portion of the inscription is
written in prose, and the author was not guided
by the exigencies of metre, the enumeration of
the fi'ontier kingdoms was made in the order
of geographical position.^ This is certainly the
case with the Malavas, the Yaudheyas and the
Madras, and the conjecture is not unjustified
that similar might be the case with the remaining
member of the compound ^'Malav-Arjimayana-
Yaudheya-Madraka'^ If this be so, the
Arjunayanas would have to be placed between
the Malavas and the Yaudheyas, and we must
look about for their locality between Bharatpur
and Nagar. Mr. V. Smith ^ places the Arjuna-
yanas in the tract corresponding to modern
Bharatpur and Alwar States. This, however,
does not agree with the Bijayagadh Stone In-
scription according to which the Yaudheyas must

' J. R. A. S., 1897, p. 886 ; C, A. T„ p. 90.
= J. R. A. S., 1897, p. 886.

CHAPTER III 277

have pushed to the southern portion of Bharat-
pur State, not to say of Alwar which lies further
north.

IV. The Audumbaras, — The Audumbaras
and their country are mentioned in Panini. In
later period, coins are almost our only source of
information about them. 'Jhese coins may be
divided into three classes :

(1) Those which simply bear the tribal
name ' odumbara.'

(2) Those which have the name of a king
as well as the tribal desisjnation.

(3) Those which bear the nameof the king
without the tribal designation.

These coins have been referred on palseo-
graphical grounds to the first century B.C. by
Mr. U. D. Banerji.^ This fully agrees with
the conclusion of Bapson who refers them to
about 100 B,C.' The beginning of the first
century B.C. may therefore be accepted as the
date of these coins.

The coins described by Cunningham were
found in the Northern Punjab beyond Lahore,
one in a field near Jwalamukhi and several in
the Pathankot District.'^ The hoard of 363
coins described by Mr. R. D. Banerji was found
in the village of Irippal in the Dehra Tahsil,
Kangra District, Punjab/ These coins are also

^ J. A. S. B., 1914, p. 249. - R. Ic, p. 11.

3 C. A. I., p. 66. * J. A. S. B., 1914, p. 247.

278 CORPORATE LIFE

found on the Manaswal plateau, Hosyarpur
District/ The coins thus cover an area bounded
by Eavi on the north and west, Kangra on the
south and Kullu on the east. This may be
accepted as the locality of the Audumbaras
specially as it fully agrees with the account of
Brihat-Samhita, Markandeya Purana and Visnu-
purana, in which the Audumbaras are coupled
with the Kapisthalas, Traigarttas and Kulindas.
(Kapisthalas have been identified with the
modern Kaithals living south of Ambala, the
early home of the Trigarttas was near Kangra,
and Kulindas or Kunindas occupied both banks
of the Satlej.)

V, The Kunindas. — Some coins bear only
the tribal name ' Kuninda,' but others bear the
tribal designation as well as the name of a king.
There are also other varieties which need not be
discussed here. It is generally admitted that
the former class is the earlier of the two.^
Cunningham refers the latter class to about 150
B.C.^ while Rapson fixes their date at about
100 B.C.* The earlier coins may therefore be
referred to the second century B.C.

The coins of the Kunindas were found in an
area that may be roughly defined as being
bounded on the east by the Ganges, on the south
and south-west by a line joining Hastinapur,

y V. Cat., p. 161. « C. A. I., p. 71.

' Arch. Snr. Rep., XIV, p. 134. ♦ R. Ic, p. 12.

CHAPTER III ^79

Shaharanpur, and Ambala, on the north and
north-east by the slopes of the Himalayas and
on the north-west by a line joining Ambala to
the Himalaya slopes/ This area may be safely
laid down as the boundary of the Kuninda
territory, for the evidence of the coins is
supported in this case by the independent testi-
mony of Ptolemy in whose work ' Kulindrine*
means the whole of the upper tract between the
Bias river and the Ganges. That the Kunindas
or the Kulindas lived near mountain slopes also
appears from the epithet ' Kulindopatyakas ' in
the Vishnu Purana meaning '^ The Kulindas
alons: the foot of the hills."

VI. The Vrishnis. — A single coin has pre-
served the name of the Vrishni corporation. The
legend on it was first read by Cunningham ^ as
'* Vrishni Raja-jnayanasya bkuhharasyay When
I fi¥st examined the legend on Cunningham's
plate it appeared to me that ' bhubharasya'
might well be ' Tratarasya.' I found afterwards
that similar correction was suggested by Bergny
and accepted by RapsoD.'^ Bergny has read the
legend as. " Vrishnir{a)jajha-ganasya tr(a)-
tarasya.'' RajojMy as suggested by Bergny and
Rapson, is equivalent to ' kshatriya.' The coin

^ For details of the tiud-spot, cj. Prinsep's Essays, Vol. I, pp. 84,

204; C. A. I., p. 71 ; Arch. Sur. Rep., XIV, pp. 134-138.

- 0. A. I., p. 70, pi. IV.

3 J. R. A. S., 1900, pp. 416, 420.

280 CORPORATE LIFE

was thus issued by the corporation of the Vrishni
kshatriyas.

Vrishni as the name of a tribe occurs iu
Harshacharita^ while Kautilya'^ refers to the
' Vrishni Samgha, or the corporation of the
Vrishnis. (These however most probably refer to
the classic tribe to which Krishna belonged.)

The coins may be referred, on palseographical
grounds, to the first or second century B.C.

VII. The Sibis.— In 1872 Mr. Carlleyle
discovered the ruins of an ancient city called
Tambavati Nagari, 11 miles north of Chitore.
He found some very ancient coins which he
has described in Arch. Surv. Rep., VI, p. 200.
That the place was very ancient appears quite
clearly from the fact that about 117 punch-
marked coins of the most ancient type were
found there. More interesting, however, is a
class of coins bearing the legend ''jiH?fir^l^
f%%f^q^^" C'^Tfi?ir«^T^ f%f^5Rcr^" according
to Cunningham).

One of the recognised meanings of the word
' Janapada' is ' community'.'^ It is used in this
sense in Yajnavalkya I. 361.

'* If^Pl ^^: ^^^ 'T^T^ ^R^^T^^IT I

1 Traiisl. by Cowell, p. 193.

- ^^1^, p. 11.

^ St. Petersburgli Dictiouary, suh voce.

CHAPTER III ^81

The legend ma}' therefore be translated as
" of the Sibi community of Majhamika." Yajna-
valkya contemjDlates the case of a "janapada"
under a king but the issue of coins by the Sibi
community shows that it formed an independent
political corporation.

The coins show that the ' Sibis belonged to
Madhyamika. Patanjali refers to this city as
having been besieged by the Greeks, and
'Madhyamikayas' as the name of a people
occur in Mahabharata and Biihat-Samhita. The
identity of this Madhyamika with Tambavati
Nagari seems very probable on the evidence
of the coins. It is true that specimens of this
class of coins were also obtained by Stacy at
Chitore.' But Stacy says he purchased them
at Chit ore gadh and we learn from Carlleyle that
ancient coins were brought to Chitore by the
peasants or cultivators from some other place
in the surrounding country.'- It is doubtful,
therefore, whether Stacy's coins, and the one
found by Mr. Carlleyle at Chitore, really belonged
to that place. But there is no doubt that this
class of coins was found at Tambavati Nagari
as Carlleyle himself collected them from the
ruins of that place.'^ Besides, the antiquity of
the place is established by the punch-marked
coins found in its ruins.

^ Piiusep's Essays, I, p. 112. - Arch. Sur. Rep,, VI, p. 207.

^ Cf. also Aroli. Sur. Hep., 1915-16, p. 15.
36

282 CORPORATE LIFE

The coins of the Sibi may be referred on
palseographical grounds to the first or second
century B.C.

These detailed historical notes prove the
statement I have already made, viz., that within
a century after the downfall of the Maurya
Empire we witness a number of non-monarchical
states or political corporations in India^ such as
those of the Yaudheyas, the Malavas, the
Arjunayanas, the Audumbaras, the Kunindas,
the Vrishnis and the Sibis. The very fact that
coins were issued in the name of the tribe
and not by a king, and further that in some
cases the word ' gana ' is used along with the
tribal name, leaves no doubt on the point. The
real significance of the tribal name on the legend
is clearly demonstrated by the early coins of the
Audumbaras and the Kunindas, the later classes
of which bear the name of a king. They evi-
dently show a transition from the democratic
to a monarchical state. The second class of the
Audumbara coins described on p. 277 probably
shows an intermediate stage, viz., a compromise
between the democratic feeling and the rising
pretensions of a monarchy ; hence probably the
scrupulousness with which the name of the tribe

^ This is also proved by the passage in Avadauasataka referred to
above on p. 223. The book was composed about the first century B.C.
and may be held therefore to have reflected the political condition of
India after the downfall of the Maurya empire,

CHAPTER III 283

is always associated with that of the king. Later
on, however, we find the complete triumph of the
monarchy, and the tribal designation is altogether
omitted in the legends. The case of the ' Sibi '
probably illustrates the political corporation of a
city-state like that of Nysa described by the
Greek writers (see ante, p. 248).

We have seen that some of these political
corporations possessed great

Cauaes of the final , -.

destructioji of the nou- powcr and rcsourccs and ex-

monarchical states. ^ i i ^.i • i.

tended their sway over a vast
tract of country. The Yaudheyas established
their reputation as a great political power and
ruled over a considerable portion of the Punjab.
The Malavas too were important enough to have
given their name to a vast province. Both these
nations again stood as bulwarks against the
intrusion of the foreign invaders, the Scythian
Satraps. The struggle was probably of long
duration, for we have seen that the Malavas
fought against the forces of Nahapana and the
Yaudheyas, those of Rudradaman. In both the
instances the foreigners gained the victory. It
is probable that the other political corporations
also had to face these foreign invasions and met
with similar fate. The decline of these corpora-
tions and the transition of some of them into a
monarchical state may be safely ascribed to
these causes. For it is only too well known how
in times of national calamity, a successful

284 CORPORATE LIFE

adventurer may grasp the power that belonged
to all, and gradually estahlish his own individual
sway over the state. The rise of the Gupta
power is another factor to be reckoned with.
We have seen, how from the days of Ajatasatru,
the empire- builders tried their best to extirpate
these political corporations. The Gupta emperors
did not form any exception to the rule, for the
Allahabad Pillar Inscription informs us that the
mighty corporations like those of the Yaudheyas,
the Malavas, and the Arjunayanas had to pay
taxes and make obeisance to the great emperor
Samudragupta.

Thus the two factors, invasion from without
and the growth of empires within, account for
the decline and downfall of these political corpo-
rations. They have been exposed to these trials,
from the days of x\lexander on the one hand,
and Ajatasatru on the other. But still they
continued to form a distinctive political factor
in the country down to the time of the Guptas.
During this period the political theorists were
divided in their opinion about them. The up-
holders of Imperialism advocated their destruc-
tion and suggested means for the same, while
the other class had a sympathetic attitude
towards them and laid down regulations by
which they could thrive and prosper. From the
fifth century onwards they ceased to be impor-
tant factors in Indian politics. No instances of

CHAPTER III 285

their existence are known to history and the
political theorists ignore them altogether. No
trace of them is to be found in the Puranas or
Dharmasastras to which monarchy seems to be
the only conceivable form of government. Even
a professedly political writer, like the author of
Sukraniti has not a word to say about them.
Gradually things have come to such a pass that
it requires great effort to believe, even when
sufficient evidence is forthcoming, that institu-
tions, which we are accustomed to look upon as
of western growth, had also flourished in India
long long ago.

CHAPTER IV
Corporate Activities in Religious Life

§ 1

It is now a matter of general knowledge
that the followers of Gautama

Religious corpora- -r» , t , , , , . .

tions in pre-Budcihist Jiucldha evolved a religious
^^^'^ ' corporation, Avhich is one of the

most perfect ever witnessed in any age or
country. As it now stands, the organisation
is liable to be looked upon as unique in the
history of India, but there are grounds for the
belief that like the religion of which it was an
external symbol its roots lay deep in the soil of
India.

The * ascetic ' is a familiar figure in ancient
Indian history. The ' houseless state ' is laid
down as a regular state of life with distinct rules
and regulations,^ and although every one as a
matter of fact did not pass through all the stages
laid down in the sastras, there can be scarcelv
any doubt that many of them actually did so.
We hear so frequently about a number of them
living together in dsrams that it is impossible

1 Cf. Ga., Ch. Ill ; Ap., II. 9. 21-23.

CHAPTER IV 287

not to look upon it as an actual factor in
ancient Indian life/

The Buddhist Texts themselves furnish evi-
dence for the existence of these collective bodies
of ascetics. Thus we read in Vinaya Pitaka ^
that at the time of Gautama Buddha there lived
in Uruvela three Jatilas, rAz., Uruvela Kassapa,
Nadi Kassapa and Gaya Kassapa who were
leaders respectively of five hundred, three hun-
dred and two hundred Jatilas. There can be
scarcely any doubt that the Jatilas were Brahma-
nical Vanaprasthas!'^ Again we read in the
same canonical texts that Sanjaya was leader of
two hundred and fifty J^arihrajahas at Kaja-
gfiha.^ There are, besides, frequent references
to Nirgranthas and Ajlvakas,

These evidences leave no doubt that long ^
, , . . , before Buddha's time, larse

and their mfluence ' ^

upon the Buddhist numbcrS of aSCCticS USCd to
Samgha.

live together under some sort
of organisation. That their organisation was
guided by definite rules and regulations appears
quite clearly from the injunctions in the

' 'J'raditioii such as is recorded in the opening verses of Mahabharata
refers to the collected body of these ascetics living together. Thus we
read of the great assembly of the ascetics in Naimigharanya (Mbh., I.
1 . 9) where Saunaka was the * Kulapati.' The term Kulapati is ex-
plained as * one who maintains ten thousand' (Mbh., I. I. 1 and the
commentary of Nilakantha).

2 S. B. E., XIII. 118.

» Hid, f, n. 1.

' S. B. E., XIII. 144, 148.

'ISS CORPORATE LIFE

Dharma-sutras, and the fact that the Buddhist
Samgha devived from it some of their characteristic
laws and usages. Thus the ' tqwsatha ' ceremony •
and the ' Retreat during the rainy season,' two
characteristic symhols of corporate life of the
Buddhist monks, were already current among
the ascetic orders in India in the days of Buddha,
and the latter instituted them in his own Samgha
in imitation of these orders.^

It may thus be held that religious corpora-

The Buddhist Sam- ^^^^« ^^^^^'^ ^^^'^^^y ^ ^^^l^"

gha, the most advanc kuowu factor of Indian society

ed type of religious •'

corporations in and- \u Buddha's time, and that the

ent India.

celebrated Samgha of the latter
was not a new creation but merely a develop-
ment upon the existing institutions. Sufficient
materials are not at present available for the
study of the latter. The corporate activities of
the ancient Indians in religious life will therefore
be best understood by a detailed account of the
Buddhist Samgha which was undoubtedly the
most developed type of the religious corporations
in ancient India.

I propose to study the organisation of the
Buddhist church under the following heads.

1. Membership.

2. Life in the church.

^ The general assembly of the ascetics, on particular days, to
recite Dhamma. For particulars see below.

•' S. B. E., XIII. 239, 208; c/. also Ga., III. 13, and C. V., X. 3.

CHAPTER IV 289

3. Organisation.

4. Characteristic ceremonies having corpo-
rate character.

§ 2
The membership of the Buddhist church was
open to all irrespective of any

Detailed descrip-
tion of the Buddhist class or castc distinctions. The

life of an ascetic is prescribed
for all the higher classes in the Brahmanical
books, but there is nothing to show that the
lowest classes, the Sudras, had any right to it.
Although the Buddha did not therefore introduce
any radical innovation in this respect he certain-
ly carried the principle a step further by includ-
ing the Sudras within his Church.^

There were, however, exceptions to the

general principle and the follow-

The membership of • i n

the Buddhist church. mg classcs of pcrsous were
excluded from the membership
of the Church ^ : —

(1) One affected with the five diseases, viz.,
leprosy, boils, dry leprosy, consumption and fits
(M. v., 1. 39). (2) One who is in the royal service
(M. v., 1. 40). (3) A proclaimed robber (M. V., 1.
43), or one who has broken out of jail (M. Y.,

^ For Buddhist views on this subject see the texts quoted in the
next chapter. Cf. also Fick, p. 39 ff.

^ The reasons for the exclusion are stated in detail in the
canonical texts. Cf. the references given against each of the dis-
qualifications.

37

298 CORPORATE LIFE

1.42), or wears the emblems of his deeds (M. V., 1.
il). (4) One who has been punished by scourging
(M. v., 1. 44), or branding (M. V.,. 1. 45). (5) A
debtor (M. V., 1. 46). (6) A slave (M. V., 1. 47).
(7) One under fifteen years of age (M. V., 1.
50).^ (8) A eunuch (M. V. 1. 61). (9) One
deformed in person, or any of whose limbs was
cut off (M. V. 1. 71).

A person who did not fall under any of the
above categories^ could be

^Jhe two-fold ordina- j^i^iated iuto the Buddhist

church by pahbajja and upasam-
pada ordinations.^ The oldest form of the ordi-
nation was quite simple. Those who desired it
approached the Baddha and he conferred on
them the pahbajja and upasampada ordinations
by the formula " Come, O Bhikkhu, well taught
is the doctrine ; lead a holy life for the sake of
the complete extinction of suffering." (M. V., 1.
6.32). As the samgha grew larger, the Buddha
authorised the Bhikkhus to initiate new mem-
bers. The form of ordination was also changed
a great deal. The person who desired to receive

* This refers to pabbajja ordination in general, although it could
be conferred on cow-keeper boys even under fifteen years of age (M. V.
I. 51). The Upasampada ordination could not be conferred on anybody
under twenty years of age (M. V. I. 49).

* It must be remembered that these rules and exceptions were
only gradually introduced and did not affect the first converts.

* Pabbajja was the lower form of ordination. It simply denot.
ed that the person is in a houseless state. The entry into the Buddhist
Order was solemnised by the Upasampada ordination.

CHAPTER IV 291

the ordination had his hair and beard cut ofF;
He then put on yellow robes, adjusted his upper
robe so as to cover one shoulder, saluted the feet
of the Bhikkhus with his head and satdown squat-
ting. He then thrice pronounced the formula:
" I take my refuge in the Buddha, I take my
refuge in the Dhamma, I take my refuge in the
Sarhgha."

A new form was substituted at a later date
for the upasanipada ordination.

The Upasampada r,,, rr "i - i r i j.i

ordination. Thc Upajjha7ja^ from whom the

new convert — Saddhiviharika — ■
received the ordination played the most im-
portant part in the system. He must be a learned
competent Bhikkhu who has completed ten years
since his npasampadd. The procedure of choos-
ing an Upajjhaya is laid down as follows : — " Let
him (who is going to choose an Upajjhaya) adjust
his upper robe so as to cover one shoulder, salute
the feet (of the intended Upajjhaya), sit down
squatting, raise his joined hands, and say (thrice) :
" Venerable sir, be my Upajjhaya'^ (If the
other answer) " Well," or, " Certainly," or,
"Good," or " All right," or, '* Carry on (your
work) with friendliness, (towards me), " or should
he express this by gesture (lit. by his body), or

* The preceptor and pupil are sometimes spoken of as Achariya
and Antevasika. As Oldenberg observes, it is very difficult or rather
impossible to draw a sharp line of distinction between Achariya and
Upajjhaya. (S. B. E. ,XIII, p. 178, f. n. 1).

29^ CORPORATE LIFE

by word, or by gesture and word, then the
Upajjhaya has been chosen. The Upajjhaya
alone could confer upon his saddhivihdrika the
iipasampada ordination^ but the latter must
be possessed of certain standard of education
and moral practices.^ Several formalities were
also required. Thus it was necessary that the
candidate should formally ask for being ordained
and provide himself with alms and robes. Then,
it must be ascertained by formal questioning
in an assembly of the Bhikkhus, whether he
labours under any of the disqualifications men-
tioned above, and whether his parents have given
their consent to his adopting the new life.
The candidate was instructed beforehand by a
learned competent Bhikkhu as to the manner
in which to reply to these formal questionings.^
After the instruction was over, the instructor
came to an assembly of the Bhikkhus, not less
than ten in number/ and asked its formal
permission for the candidate to appear, in the
following terms :

"Let the Sariigha, reverend sirs, hear me.
N. N. desires to receive the upasampada ordination

^ A particular individual, not the Samgha or a part of it, could
serve as Upajjhaya. Several classes of persons could not serve as
Upajjhaya. These are described in detail in M. V., I. 68.

^ The details are laid down in M. V., I. 36. 2 £f. The same stand-
ard was necessary also for giving a nissaya or ordaining novice.

3 For details c/, M. V. I. 76.

* In border countries, the assembly could be composed of four
Bhikkhus and a chairman (M. V., V. 13. 11).

CHAPTER IV 293

from venerable N. N. ; he has been instructed by
me. If the Saiiigha is ready, let N. N. come."
On the permission being granted, the candidate
appeared before the assembly, adjusted his upper
robe so as to cover one shoulder, saluted the feet
of the Bhikkhus with his head, sat down squat-
ting, raised his joined hands and thrice uttered
the formula : *' I ask the Saragha, reverend sirs,
for the upasampada ordination : might the Saih-
gha, reverend sirs, draw me out (of the sinful
world) out of compassion towards me."

Then a learned competent Bhikkhu moved
the following resolution (natti) ; '* Let the Sam-
gha, reverend sirs, hear me. This person N. N.
desires to receive the upasampada ordination
from the venerable N. N. If the sariigha is
ready, let me ask N. N. about the disqualifica-
tions." Permission being granted he addressed
the candidate as follows :

" Do you hear, N. N. ? This is the time
for you to speak the truth and to say that which
is. When I ask you before the assembly about
that which is, you ought, if it is so, to answer
* It is' ; if it is not so, you ought to answer 'It
is not.'

Then followed the string of questions : "Are
you afflicted with the following diseases ? leprosy,
boils, dry leprosy, consumption and fits ? Are
you a man ? Are you a male ? Are you a
freeman? Have you no debts? Are you not

^94 CORPORATE LIFE

in the royal service ? Have your father and
mother given their consent? Are you full
twenty years old ? Are your alms-bowl and
your robes in due state ? What is your name ?
What is your Upajjhaya's name ?"

After satisfactory answers were received, a
learned competent Bhikkhu proclaimed the
following natti before the Saihgha : '* Let the
Samgha, reverend sirs, hear me. This person
N. N. desires to receive the upasampada ordi-
nation from the venerable N. N. ; he is free
from the disqualifications; his alms-bowl and
robes are in due state. N. N. asks the Samgha
for the upasampada ordination with N. N. as
Upajjhaya. If the Samgha is ready, let the
Samgha confer on N. N. the upasampada ordi-
nation with N. N. as Upajjhaya.

''Let the Samgha, reverend sirs, hear me.
This person N. N. desires to receive the upasam-
pada ordination from the venerable N. N. The
Samgha confers on N. N. the upasampada ordi-
nation with N. N. as Upajjhaya. Let any one
of the venerable brethren who is in favour of
the upasampada ordination of N. N. with N. N.
as Upajjhaya, be silent, and any one who is not
in favour of it, speak.

"And for the second time I thus speak to
you: Let the Samgha, (etc., as before).

" And for the third time I thus speak to you :
Let the Samgha, (etc., as before).

CHAPTER IV 295

"N. N. has received the TJpasampada ordi-
nation from the Sarhgha with N. N. as Upaj-
jhaya. The Samgha is in favour of it, therefore
it is silent. Thus I understand."

Two classes of persons had to pass through
an intermediate stage of discipline hefore being
formally initiated into the membership of the
Church. These were persons who (1) formerly
belonged to a heretic ( Titthiya) school or, (2)
were between 15 and 20 years of age.

A probation ^ {pcmvdsa.) of four months was
imposed upon the former by a formal act of the
Order ^ on his making the threefold declaration
of taking refuge. If he failed to satisfy the
Bhikkhus by his character and conduct ^ during
this period, the iipasamjmda ordination was
refused him.

A person between 15 and 20 years of age
could receive only the pab^
nation ^^^^^^^^ ^^^'' ^W^ ordiuatiou by the three-
fold declaration of taking re-
fuge, and had to wait till his twentieth year for
the upasampada. The novice {Samanera)^ as he

^ Exception was made in favour of the ' fire -worshippers,* the
' Jatilas, ' and heretics of Sakya birth. They received the wpasamipadJa
ordination directly and no parivasa was imposed upon them (M. V., I.
38.11).

^ i.e. the system described above in detail in connection with the
upasampada ordination.

^ The details are given in M. V., I. 38. 5-7.

296 CORPORATE LIFE

was called during this intermediate period, had
to live a life of strict discipline under an Upaj-
jhaya. He had to keep the ten precepts, viz.^
abstinence from (i) destroying life, (n) stealing,
{Hi) impurity, {iv) lying, {v) intoxicating liquor,
{vi) eating at forbidden times, {vii) dancing,
singing, etc., {viii) garlands, scents, (ix) use of
high beds and {x) accepting gold or silver*
(M. V. I. lU)). He was expelled from the
fraternity if he violated any of the first five
precepts, or if he spoke against the Buddha
the Dharma or the Sariiglia, or if he held
false doctrines or had sexual intercourse with
Bhikkhunis (M. V. I. 60). In five other cases
he was liable to be punished (M. V. I. 57).
The punishment could be inflicted by any
Bhikkhu, with the consent of the Vpajjhaya,
(M. V. I. 58).

§3

As soon as the ceremony of ordination was
over, a prospect of the life he

Proclamation of the . i i i i i i a.

four Resources of the was gomg to lead was Hcld out
Brotherhood. ^^^^^^ ^j^^ ^^^ Bliikkhu. The

four Resources of the Brotherhood were pro-
claimed to him, so that he might be prepared
beforehand for the worries and troubles of the
life to come. ''I prescribe, O Bhikkhus," said
Buddha, " that he who confers the upasampada

CHAPTER IV ^297

ordination (on a Bhikkhu), tell him the four
llesources : —

" The religious life has morsels of food given
in alms for its resource "

"The religious life has the robe made of rags
taken from a dust-heap for its resource "

" The religious life has dwelling at the foot
of a tree for its resource "

"The religious life has decomposing urine
as medicine for its resource "

''Thus must the new Bhikkhu endeavour to
live all his life ; better food, robes, etc., which it
might be his lot to enjoy from time to time
being only looked upon as extra allowances
{Uttirekalabhoy (M. V. I. 77).

An idea of the stern moral life he was ex-
pected to lead was at the same time conveyed to
him in the shape of the following four Inter-
dictions.

" A Bhikkhu who has received the upasam*
pacld ordination, ought to abstain from all sexual
intercourse even with an animal.

" A Bhikkhu ought to abstain from

taking what is not given to him, and from theft,
even of a blade of grass.

"A Bhikkhu ought not intentionally

to destroy the life of any being down to a worm
or an ant.

" A Bhikkhu ought not to attribute to

himself any superhuman condition." (M. V. 1. 78).
38

298 CORPORATE LIFE

A special traiDing was necessary to accustom

one to these new ideas and

-fenlSTesSe habits. It was therefore or-

with the preceptor. daincd that the new convert

should live for the first ten years in absolute
dependence upon his TJpajjhaya or AcUariya}
The relation between the two is described in
minute detail in the Vinaya Texts (M. V., I. 25.
7. ft'., I. 32 I. ft.) and may be somewhat under-
stood from the following general principle laid
down by Gautama Buddha.

'' The TJpajjhaya, O Bhikkhus, ought to con-
sider the Saddhiviharika as a son ; the Saddhi-
viharika ought to consider the TJpajjhaya as a
father. Thus these two, united by mutual rever-
ence, confidence, and communion of life, will
progress, advance, and reach a high stage in this
doctrine and discipline." (M. V., I. 25. 6.)

The Saddhiviharika was to act as a personal

attendant to TJpajjhaya, ' In

The duties of the the morniuoj he will ajive him

disciple. ^ ^

the teeth cleanser and water
(to rinse his mouth with) and his morning meal.
He will accompany him in his alms-pilgrimage,
offer him water to drink, prepare his bath, dry

* This was the general rule (M. V., I. 32. 1) but it was prescribed
on a later occasion that a learned competent Bhikkhu had only to live
five years in dependence (on his Achariya and TJpajjhaya), and an
unlearned one all his life (M. V., I. 53, 4). In some cases a Bhikkhu
was authorised to live without a Nissaya (i.e., independent of Achariya
ttud Upajjhayu) (M. V., 1. 53. 5 ff.).

CHAPTER IV 299

his robe, clean his dwelling place, etc., etc. He
would also be a monitor and helpmate. " If the
Upajjhaya is in danger of committing an offence
by the words he says, let (the Saddhiviharika)
keep him back." " If the upajjhaya is guilty
of a grave offence and ought to be sentenced to
'parivasa' 'manatta,' or penal discipline, let
the Saddhiviharika take care that the Saihgha
impose it upon him." Again, 'if the Samgha
wishes to proceed against the Upajjhaya by the
Tajjaniya Kamrna (or other disciplinary pro-
ceedings mentioned in the first book of ChuUa-
vagga), let the Sadclhwiharika do what he can
in order that the Samgha may not proceed
against the Upajjhaya or may mitigate the pro-
ceeding. Or if the Samgha has instituted a
proceeding against him, let the Saddhiviharika
do what he can in order that the Upajjhaya may
behave himself properly, live modestly, and
aspire to get clear of his penance, and that the
Samgha may revoke its sentence." (M. V..
1. 25).

The Upajjhaya too had corresponding duties.
He must look to the spiritual

The duties of the -i i . ■• n i • o i •

preceptor. ^^d physical wcll-being of his

Saddhiviharikas. Thus we
read : " Let the Upajjhaya, O Bhikkhus, afford
(spiritual) help and furtherance to the Saddhi-
viharika by teaching, by putting question to
him, by exhortation and by instruction. If the

300 CORPORATE LIFE

Upajjliaya has an alms-bowl (or robe or other
articles required for a Bhikkhu) and the Saddhi-
viharika has not, let the Upajjhaya give the
same to the Saddhiviharika or take care that he
gets one. If the Saddhiviharika is sick let the
Upajjhaya arise betimes and give him the teeth
cleanser and water to rinse his mouth with
(and so on with the other duties prescribed for
Saddhiviharika)." The Upajjhaya could turn
away a Saddhiviharika for improper conduct ^
but if the latter begged for pardon, he was
forgiven.^ In case the Upajjhaya had gone
away, or returned to the world, or died, or gone
over to a schismatic faction, the Saddhiviharikas
had to choose an Achariya^ who stood in the
same relation to them as the Upajjhaya.

After the disciplinary period with the

Upajjhaya was over the Bhikkhu became a full

member of the fraternity.

Ch?rch.^'^' '" '^' Henceforth his individual en-

• ' tity practically ceased and he

became merely a part and parcel of the great

religious corporation. His conduct, down to

the minutest detail, was regulated by specific

ordinances, even the slightest violation of which

was sure to bring down upon him the appropriate

1 What is understood by improper conduct is explained in detail
inM.V., I. 27.6-8.

2 M. v., I. 27. In some cases the expulsion of the Saddhiviharika
and his rehabilitation was compulsory.

CHAPTER IV 301

punishment. It is a tedious task to narrate
these ordinances in detail, but it would suffice
to say that these touched upon even such
matters as the robes ^ a Bhikkhu is to put on,
the rugs ^ he is to lie down upon, the couch on
which he is to sit,^ the bowl he is to use,^ the
food he is to take,^ and the manner in which
he is to bathe.*^ The nature of these regula-
tions, and the extent to which they guided the
life of a monk, may be fairly conceived by one
who remembers that the first great schism in
the Buddhist church was occasioned by disputes
over no more important questions than the
following :—

(1) Whether it was permissible for a Bhik-
khu to store salt in a horn ; (2) whether the
midday meal might be eaten when the sun's
shadow showed two finger-breadths after noon ;
(3) whether curds might be eaten by one who
had already finished his midday meal ; (4)
whether a rug need be of the limited size pres-
cribed, if it had no fringe ; (5) whether it was
permissible to receive gold and silver, etc.

It may thus be said with perfect accuracy

* Patimokkha (Nissaggiya Pachittiya Dhanima, 1-10, 24-29 ;
Pachittiya Dhamma, 58-60), M. V., VIII. 13-4 &.

- Nissaggiya Pachittiya Dhamma (11-15).
3 Pachittiya, 14,

* pachittiya, 31-46.

'^ S. B. E., XI, p. 112.

" Nissaggiya Pachittiya Dhamma, 21-22,

302 CORPORATE LIFE

that these rules and regulations embraced the
whole life of the Bhikkhus ; and according to
the principle of the Buddhist church they could
not perform even the most insignificant or the
most obviously necessary things without a
positive legal sanction. This may be illustrated
by the following passage from Chullavagga (V,
14. 2) :—

"Now at that time the Bhikkhus walked
up and down on a cloister on uneven ground ;
and their feet were hurt.

They told this matter to the Blessed One.

' I allow you, O Bhikkhus, to make it
level.'

The cloister had too low a basement, and
was inundated with water.

They told this matter to the Blessed One.

' I allow you, O Bhikkhus, to make it with a
high basement.'

The facing of the basement fell in.

' I allow you, O Bhikkhus, the use of facing
of three kinds— brick facing, stone facing, and
wooden facing.'

They found difiiculty in getting up into it.

' I allow you, O Bhikkhus, the use of stairs
of three kinds — brick stairs, stone stairs, and
wooden stairs.'

As they were going up them, they fell ofiP.

' I allow you, O Bhikkhus, the use of
a balustrade.' Now at that time the Bhikkhus,

CHAPTER IV 803

when walking up and down in the cloister,
fell down.

They told this matter to the Blessed One.

' I allow you, O Bhikkhus, to provide
a railing for the cloister.

Whatever we may think of the particular
incident referred to in the above passage, it
testifies to the rigidity of the Buddhist canon
law, and abundantly illustrates the principle
that there was very little scope for individual
discretion, and in all things small and great,
the monks had to abide by the specific laws
laid down by the illustrious Buddha.

§4

We may next take into consideration the
organisation which success-
thrBudSohmxh^^ fully maintained this stern
discipline in the Church. It
is apparent that in the earlier days the word of
the great Buddha w^as law, and his supreme
authority, the main guiding factor of the
Brotherhood. This, however, could not be a
permanent arrangement, mainly for two
reasons. In the first place, the Church had
gradually extended over a stretch of country
too big to be amenable to the personal admini-
stration of a single man, and secondly, provision

304 CORPORATE LIFE

had to be made for the management of the
fraternity when the great Buddha would be no
more. A distinct organisation was therefore
slowly evolved, and although it was long before
it attained the maturity, its first and important
stages are clearly traceable during the life-time
of the Buddha.

In one respect, however, the old order con-
tinued. The Buddha remained

Gautama Buddha, Ji i i ^ a,

the only law-maker. the Only law-makcr, even alter
his death. Indeed it was the
cardinal principle of the Buddhist church that
none but the founder of the sect could make
laws for the fraternity. The others might
explain and expound them, but could not formu-
late any new laws themselves. The idea seems
to have been developed at a very early period,
and, according to traditional account, the
principle w^as finally established by a formal
resolution of the Samgha at the council of
Rajagriha. The great Buddha spoke to
Ananda : *' "When I am gone, Ananda, let the
Samgha, if it should wish, revoke all the lesser
and minor precepts." "When the permission
thus accorded to the Brotherhood was taken
into consideration by the council at Bajagriha,
opinions differed widely on the interpretation
of the minor and lesser precepts. Thereupon,
on the motion of Maha Kassapa, the council
* resolved to adhere to all the precepts as laid

CHAPTER IV 305

down in the Buddha's lifetime/ ' not ordaining
what has not been ordained, and not revoking
what has been ordained/ " ^

The Buddhist church consisted, at first, of
two parts : the various local

The local samglias —
absence of any central SamghaS OV i\lQ COmmunitV of
organisation. -r» \ n

monks, and the great Buddha
CO' ordinating them as a central authority. Any
central organisation representing the various
local communities was remarkable by its
absence. The defects of the system were ob-
vious and were experienced even in the life-
time of the Buddha. This is well illustrated bv
the incidents that took place at Kosambi in the
Ghositarama (M. V., X, 1-5). There the local
Samgha pronounced ' expulsion ' against a
particular Bhikkhu. llie partisans of the
latter defended his conduct and ranged them-
selves against the decision. As soon as the
news reached the Buddha he exclaimed, *' The
Bhikkhu Sariigha is divided ! the Bhikkhu Sam-
gha is divided," and betook himself to the
contending parties. He tried to compose their
differences but was met with the reply : " Lord,
may the Blessed One, the king of Truth, be
patient ! Lord, may the Blessed One quietly
enjoy the bliss he has obtained already in this
life! The responsibility for these altercations

^ Pachittiya 57. ^ C. V., XI. 1. 9.

89

806 CORPORATE LIFE

and contentions, for this disunion and quarrel
will rest with us alone." Again

oflhe'ttr '"^'""'^ and again the great Buddha
tried to bring them to their
sense but he always met with the same reply,
and in disgust left the place.

The incident vividly exhibits the merit as
well as the defect of the system. The local
autonomy conceded to the Bhikkhus was no
doubt a healthy feature, and must have contri-
buted in a great degree to the force and vitality
of the whole organisation. The deplorable weak-
ness of the central authority Avas, however, such,
that it had no means to enforce its decisions
upon the constituent parts, even when such
exercise of authority was thought desirable for
the benefit of the Church. Any one with a
common degree of prudence and foresight could
not fail to perceive in it the seeds of the
decline and downfall of the great Church.

With the death of the great Buddha, the
central authority, weak as it was, vanished al-
together, as the great Master did not nominate
any of his disciples as his successor,^ nor made

^ According to Kei'ii the Buddha had designed Kasjapa the Great
as his successor, but the following speech attributed to tlie ^Faster in the
MahtXparinibbana-Sutta is more to the point : " It may be, Ananda,
that in some of you the thought may arise, " The word of the Master
is ended, we have no teacher more ! " But it is not thus Ananda
that you should regard it. The truths and the rules of the Order
which I have set forth and laid down for you all, let them, after
I am gone, be the Teacher to yon." (S. B. E., XI, p. 112.)

CHAPTER IV 307

any arrangement for a definite organisation to
take his place. There was a great clanger that
the whole Buddhist Church would he divided into
a number of independent local corporations. But
several circumstances prevented this catastrophe.
In the first place these local bodies could
not, by any means, be reduced into a number
of watertight compartments, for

and their remedies, , r. i i

any member of a local com-
munity could freely pass into another simply by
change of his residence. It is permissible to
conclude from the wandering habits of the
Buddhist monks, that such interchange of
membership was not of infrequent occurrence,
and this must have practically served in a great
degree, to check the spirit of local autonomy.

In the second place, great Buddhist emperors
must have been looked upon as the head of the
Church and we know that the great Maurya
emperor Asoka actually assumed such a position.

Thirdly, the General Council that was sum-
moned from time to time served the purposes
of a central authority and kept alive the
traditions of an undivided Church. It was, under
the circumstances, the most effective method
that could be devised for maintaining the unity
of the great Buddhist Church, and it undoubtedly
shows, at its best, the corporate feeling that
animated the people of ancient India. Alto-
gether we hear of four such Councils, and the

308 CORPORATE LIFE

one held at Vaisali, of which we possess a
somewhat detailed account, may be taken as a
type of the rest.^

These were not, however, quite sufficient

for purposes of regular co-ordination. Por, as

a measure of practical utility,

which were, however, , n i ^ ^ ^ ■^^ i

far from being suffi. tho iirst could hardly be
expected to cope with the se-
paratist tendency that must have steadily

^ The most circumstantial account is preserved in Chullavagga of
Vinaya-Pitaka, Twelfth Khandhaka. Kern sums it up as follows : —
* A century after the Lord's ParinirvSna the monks of Vriji lineage

at Vaisali declared as permissible the ten points, to wit (For a

general idea of these ten points see p. 301 above). At that time the
Sthavira Yasas, Kakandaka's son, came to Vaisali, and whilst staying
in the Mahavana, witnessed the unlawful practices of the Vrijian
monks. By addressing the laity he endeavoured to stop the iniquity
of the brethren, who instead of dissenting from their wrong practices,
carried out against him the act of making excuses to the offended
laity. Yasas protested and demanded that a companion should be
appointed to go with himself as a messenger, so that he might have
the occasion of asking redress for the wrongs done to him. His
demand being vouchsafed, he entered with his companion into the
city of Vaisali, where he laid his case before the believing laymen.
He was deservedly successful in his eloquent pleading, for the
'laymen after hearing him declared that he alone was a worthy Sramana
and son of 6akya. The Vrijian monks continued obstinate and carried
out against Yasas the act of excommunication. But Yasas went to
Kausamb! and sent messengers to the brethren in the western
country, in Avanti, and in the southern country, summoning them to
an assembly. In response to his call the Buddhist monks, numbering
about 700 flocked together from these regions. When the legal
assembly had met to decide the question Revata proposed a
resolution that the Samgha should settle the question at that place
where it arose, i.e., at Vaisali. The resolution being adopted, the
brethren went to Vaisali. In the subsequent meeting of the Samgha
the proceedings did not succeed, which circumstances moved Revata

CHAPTER IV 309

developed in course of time. The second was an
uncertain factor and could be counted upon only
at rare intervals ; as a matter of fact, in course of
a thousand years, only three tig ares stand out
prominently, viz., Asoka, Kanishka and Harsha.
Lastly, the method of calling general councils,
although most effective, must, on the whole, be
looked upon as merely a desperate attempt to
remedy the defects of the constitution and could,
by its very nature, be resorted to only in extreme
and exceptional cases.

The result of this state ol things is clearly
seen in the repeated schisms within the bosom of
the Church, and the less and less representative
character of each succeeding general Council.
It is quite clear, however, that the idea of one
universal Buddhist Church was never absent
either in theory or in popular ideas, although
we must admit that the local communities
were the only real entities for all practical
purposes.

to lay a proposal before the assembly that the question should be
submitted to a committee. So he selected a committee of eight
persons, four monks of the east, and four of the west. The younger
monk Ajita was appointed as regulator of seats. As the place of
meeting of the committee was chosen the Valikarama, a quiet and
undisturbed spot.

The proceedings of the committee were conducted in this manner
that Revata put the questions, and Savvakamin delivered his authori-
tative replies. All the Ten Points were declared to be against the
rules, and therewith the Vrijian monks were put in the wrong.

{Kern's Manual of Indian Buddhism, pp. 103-5.)

310 CORPORATE LIFE

The inscriptions faithfully reflect this double
aspect of the Buddhist church. Thus while
some of them record gifts to the local or a special
community of monks,^ others explicitly refer
to the whole Buddhist fraternity {Samghasa
chatudisasa) as the object of their gift.^

§ 5

The local corporations were governed on

strictly democratic principles. The general as-

,, , semblv of the monks constituted

The ultra-democra- *'

tic organisation of the the sovercifi^n authoritv and the

local Samghas. ^ ^ \

procedure of its meetings was
laid down with minute exactness.^

In the first place all the fully ordained

Bhikkhus in a community were members of the

assembly. Every one of them,

The general assem- ./ »/ ?

biy and its constitu. unlcss incapacitated for some

tion.

offence by way of penalty, had
a right to vote. No meeting was legal unless all
the members entitled to vote were either preseat,
or, being absent, formally declared their consent,^
A minimum number of members that must be

1 Lud Nos. 987, 1018, 1099, 1100,1105, 1123-1126, , 1175, 1248,
1250.

2 Lud. Nos. 5, 62b, 64a, 998, 999, 1006, 1007, 1016, 1020, 1024,
1106,1127,1131,1133,1137, 1139, 1140, 1146. Gupta Inscriptions,
Nos. 5, 62.

=> M. v., IX. 3.

* The formal consent of the absent members was called ' chhanda.*

CHAPTER IV 311

present in order that the act may be legal,
or, in other words, the rules of a quorum are
laid down in Mahavagga, IX. 4. The number
varied for different classes of official acts. Thus
there were some acts which could be done by only
four, while others required the presence of no
less than twenty persons. Any member present
might protest if he thought that the constitution
of the assembly was in any way irregular.

The assembly having duly met, the mover had

first to announce to the assembled Bhikkhus

the resolution he was going to

Procedure adopted . .

in the meetings of the proposc ; this announcemcnt
^' was called natti. After the

nattl followed the question {kammavacha) put
to the Bhikkhus present if they approved the
resolution. The question was put either once
or three times; in the first case we have a
nattidiitiya Jcamma ; in the second case a natti-
chatuttha Kamma} Minute regulations were
laid down as to what acts fell respectively under
the first and second categories. Any deviation
from tliis stereotyped form was liable to make
the official act invalid. Thus we have in Maha-
vagga IX, 3. 3 : " If one performs, O Bhikkhus,
a imltldutiya act with one hatti, and does not
proclaim a kammavacha, such an act is unlaw-
ful. If one performs, O Bhikkhus, a nattidutiya

1 S. B. E., Vol. X.IIL p. 169, f. n. (2). For the practical iOustra.
tion of this form see the ceremony of ordination on p, 294 above.

m CORPORATE LIFE

act with two nattis and does not proclaim a

kammavachd with one hammcwacha and

does not propose a uattl with two kamma-

vachas and does not propose nattl, such an act is
unlawful."

After the resolution was formally put before
the Samglia once or thrice, as the case might be,
it Avas automatically passed, if the members
present kept silent. In case any one spoke
against it and there was a difference of opinion,
the decision of the majority prevailed. Regular
votes Avere taken, and a taker of the votes
was formally appointed by the sariigha for this
purpose.^

In case the matter of dispute was grave and
complicated, it could be referred to another local
community in which there was a larger number
of Bhikkhus. The procedure of doing this is
described in detail in Chullavagga lA^. 14. 17. ff.
The community to which the matter was thus
referred first asked for, and obtained, a guarantee
that their decision would be accepted as final.
Then they proceeded to consider the subject in
very much the same way as described above.
If the matter was a complicated one and point-
less speeches were uttered in course of discussion
they could refer it to a small committee.'^ Only

1 C. v., IV. 9.

- The reference to committee seems to have been a well established
practice. It was resorted to in the council of Vaisall ( C. V. XII. 2. 7).

CHAPTER IV 313

the Bhikkhus of highest repute were selected for
these committees and their appointment was
made hj a formal act of the Order. If the
committee were unable to come to any decision
about the question, they handed it back to the
Samgha which settled it by the votes of the
majority.

Although the votes of the majority generally
decided the disputed points, the Buddhist texts
make it abundantly clear that the binding force
of this general principle was not uniformly
recognised. Thus we are told in Chullavagga IV.
10. 1, that the taking of votes is invalid when the
taker of votes knows that those whose opinions
are not in accordance with law will be, or may
probably be, in the majority. Again, there were
secret methods of taking votes and " if the taker
of votes ascertained that those whose opinion
was against the Dhamma were in the majority,
he was to reject the vote as wrongly taken." ^
It is difficult to explain these deviations from
the general democratic spirit of the regulations.
The texts are quite silent as to how the matter
was to be decided if the decision of the majority
were rejected, and on the whole there hangs a
mystery about these regulations which it is at
present impossible to clear up.

The local corporation of monks carried on the
necessary secular business of the monastery

' C. v., IV. 14. 26.

40

314. CORPORATE LIFE

through the agency of a number of officers
appointed by it in due form,
thfmonitery"'" "' '^^^ ii^mes and number of these
officers naturally varied in
different places, but the most important among
them were : — (1) the distributor of food, includ-
ing fruits and rice gruel, (2) the keeper of
stores, (3) the regulator of the lodgings, (4) the
recipient of robes, (5) the distributor of robes,

(6) the keeper of rain-cloaks and bathing clothes,

(7) the keeper of alms-bowls and (8) the
superintendent of the gardeners.^ The officers
were of course selected from amongst the
brethren, and only the most eminent among
them were entrusted with these important
charges.

The local corporation had extensive authority
,^ ., ^ , over the individual monks and

The authority of the
saihgha over indivi- COUM visit their offcnCCS with
dnal member.

various degrees of punishment
such as (1) Tajjaniya kamma (act of rebuke),
(2) the Nissaya hamma (putting under
tutelage), (3) Fabbajaniya kamma (act of
banishment), (d^) Fatisaraniya kamma (act of
making amends to the laity), and (5) Ukkhe-
paniya kafuma (act of suspension). A detailed
account of the offences deserving one or other
of these punishments, and the way in which they

1 Cf. Kern— Manual, p. 83.

CHAPTER IV 315

were imposed, is given in the first Khandhaha of
Chullavagga. Besides these, there was the
system of probation and penance {Parwasa and
Mdnatta) which is described in minute detail in
the second and third Khandhakas, Above all
there was the act of expulsion from the Commu-
nity, the highest punishment contemplated by
the Buddhist canon, and the offences involving
this extreme measure are given in the Farajika
section of the Patimokkha.

The nuns (Bhikkhunis) formed a distinct
community in the Buddhist
JnT. '°'P"''*^^"" ^* church. They had their own
SamgJia which was guided by
the same rules and regulations as that of the
monks. Tlie Bhikkhuni Samgha was, however,
for all practical purposes, subordinated to the
Bhikkhu Samylia, The ordination of a new
Bhikkhuni, although carried on in the Bhikkhuni
Samgha in exactly the same way as that of a
Bhikkhu in the Bhikkhu Samgha, had to be con-
firmed by the latter. The general tendency
of the Buddhist canon law was to assign a
distinctly inferior position to the Bhikkhunis, as
the great Buddha was of opinion that their
admission into the Buddhist church was calcu-
lated to destory its purity. Many safeguards
were devised to avert this evil but the essential
principles guiding the corporation of monks were
equally applicable in the case of that of the nuns.

316 CORPORATE LIFE

It appears from Buddha's reply to Ananda
in Cliullavagga X. 3. that other religious sects
also admitted women in their fraternity.^

§6

The foregoing account of the Buddhist
church is calculated to give a fair idea of the
corporate character of the institution. We may
now dwell upon some special features of the
organisation which bring out this characteristic
in a more vivid manner.

In the first place attention may be drawn to
the fact, already noticed above,

Relation between ii i it . t . i , . , ,

the individual Bhikkhu that the muividual in the
Tamgha!^ " '^ BuddMst church was merged
in the corporation. The indi-
vidual had absolutely no freedom of his own, and
his life was regulated even to the minutest
detail by a set of ordinances enforced by the
corporation. A few specimens may be quoted
below just to give an idea of the whole thing : —
(i) Whatsoever Bhikkhu who is not sick,
shall, desiring to warm himself, kindle a fire, or
have a fire kindled, without cause sufficient
thereto — that is a Pachittiya (an offence requir-
ing expiation) (S. B. E., XIIT, p. 44).

* For the details of the Bhikkbuni saingha cf. C. V., X, and the
JBbikkhuui Futimokkha.

CHAPTER IV 317

(ii) Whatsoever Bhikkhii shall hathe at
intervals of less than half a month, except on
the proper occasion — that is a Pachittiya ( ibid ).

{lii) In case people should offer a Bhikkhu,
Avho has gone to some house, to take as much as
he chose of their sweetmeats and cakes, that
Bhikkhu, should he so wish, may accept two or
three howls full. If he should accept more than
that — that is a Pachittiya {Ibid, p. 39).

{iv) Whatsoever Bhikkhu shall have a rug or
mat made with silk in it — that is a Pachittiya
offence involving forfeiture (ibid, p. 24).

{v) When a Bhikkhu has had a new rug made,
he should use it for six years. If he should
have another new rug made within the six years,
whether he has got rid, or has not got rid of the
former one, — unless with the permission of the
Samgha — that is a Pachittiya offence involving
forfeiture.^

The same relation hetween the individual and
the corporation is brought out by the general
presumption in the Buddhist canon law that
everything belongs to the Sariighi and not to
any individual monk, and that the latter can
only possess that which has been specifically

^ Tho Vibhauga explains by a stoiy, why the last clause was added.
" A sick monk was asked by his relatives to come home, that they
might nurse him. He answered that he was too ill to carry his rug
could not get on without one, and could not have a new one made
within six years. Then the Blessed One established this exception to
the general rule " {ihid^ p. 25, and footnote ).

818 CORPORATE LIFE

allotted to him. Thus it is a general rule that
a Bhiidchu can possess only one bowl at a time
and he can exchange it for a new one only when
it has been broken in at least five places. Now
if any Bhikkhu got a new bowl in violation of the
above rule, that bowl was forfeited to the Samgha
and given to the Bhikkhu who had the worst
bowl.^ Again, as a general rule, the Bhikkhus
could not possess gold or silver, and if any of
them should receive it or get some one to
receive it for him, or allow it to be kept in
deposit for him, he had to give it up for the
use of the community.'- Even when things were
allowed to a Bhikkhu for personal use, they were
considered as the property of the Samgha.^ It
is perfectly in keeping with this doctrine that
on the death of a Bhikkbu, the Smhc/ha became
the owner of his property : ^

" On the death of a Bhikkhu, O Bhikkhus,
the Samgha becomes the owner of his bowl and
of his robes. But, now, those who wait upon
the sick are of much service. I prescribe,
O Bhikkhus, that the set of robes and the bowl
are to be assigned by the Samgha to them who

^ S. B. E., XIII, p. 27. .

^ Ihid, p. 26 and footnote.

^ " No Bhikkha had a separate personal ownership over his robes ;
though nominally given to him for his own use, and really his own,
subject to the rules, they were, technically speaking, the property of
the whole Samgha {Ihid, p. 18, f.n. 1).

* M. v., VI II. '11. b.

CHAPTER IV 319

have waited upon the sick. And whatever little
property or small supply of a Bhikkhu's requi-
sites there may be, that is to be divided by the
Saiiigha that are present there; but whatever
large quantity of property and large supply of a
Bhikkhu's requisites there may be, that is not to
be given away and not to be apportioned, but to
belong to the Samgha of the four directions^
those who have come in, and those who have
not."

The communistic theory of property is also
beautifully illustrated by the following story.

*' Now at that time the Bhikkhus who dwelt
in a certain country residence, not far from
Savatthi, were worried by having constantly to
provide sleeping accommodation for travelling
Bhikkhus who came in (from country places).
And those Bhikkhus thought : ' [This being so,]
let us hand over all the sleeping accommodation
which is the property of the Samgha to one (of
us), and let us use it as belonging to him.' And
they [did so].

Then the incoming Bhikkhus said to them :
' Prepare, Sirs, sleeping accommodation for us.'

' There are no beds. Sirs, belonging to the
Samgha. We have given them all away to one
of us.'

' What, Sirs ? Have you then made away
with property belonging to the Samgha ?

' That is so, Sirs.'

320 CORPORATE LIFE

The moderate Bhikkhus murmured, etc., and
told the matter to the Blessed One.

' Is it true, O Bhikkhus, as they say, that
Bhikkhus make a\Yay with Sarhgha property ? '

' It is true, Lord.'

Then the Blessed One rebuked them, etc., and
said to the Bhikkhus : ' These five things,
O Bhikkhus, are untransferable, and are not to
be disposed of either by the Saiiigha, or by a
company of two or three Bhikkhus (a Gana),
or by a single individual. And what are the
five ? A park (xirama), or the site for a park —
this is the first untransferable thing, that cannot
be disposed of by the Samglia, or by a Gana, or
by an individual. If it be disposed of, such
disposal is void; and whosoever has disposed of
it, is guilty of a thuUachchaya. A Vihara or
the site for a Vihara — this is the second, etc,
(as before). A bed, or a chair, or a bolster, or a
pillow — this is the third, etc. A brass vessel, or
a brass jar^ or a brass pot, or a brass vase, or a
razor, or an axe, or a hatchet, or a hoe, or a spade
— this is the fourth, stc. Creepers, or bamboos,
or mufija, or babbaja grass, or common grass, or
clay, or things made of wood, or crockery — this is
the fifth, etc. (as before, down to) thuUachchaya.'^

Thus it was that the individual member
could occasionally realise the idea of the larger

^ C. v., VI. 15.

CHAPTER IV 3^1

Brotherhood. In view of the fact that there was
no central organisation of the Buddhist church,
these peculiar theories and practices alone could
enable a member to realise that the various local
corporations were merely the parts of a larger
one. If a monk of Kashmir, in course of his
travels, could claim by right, a bed at night in a
convent at Pataliputra, he would certainly have
realised the idea of the greater corporation
such as nothing else would have enabled him
to do.

§ 7

Several institutions in the Buddhist church
constantly kept alive the cor-
tuttr:'rterto: Porate feeling in the minds of
Church ^^'"^ ^"^^^'^^ the members. The regular
assemblv of the local Bhikkhus
may be mentioned first. It was at first ordained
that the Bhikkhus should assemble and recite
the Dhamraa on the eighth, fourteenth and
fifteenth day of each half-month.^ On one of
the last two days took place the * Uposatha '
service and the recitation of Patimokkha."^ This
A\as looked upon as very important and elaborate
regulations were laid down for fairly conducting
the ceremony.

' M. v., II. 1. 3.

« M. v., II. 3. 2, 3 ; II. 4. 2.

41

S2'Z CORPORATE LIFE

The service was to be held by the complete
fraternity of a locality. For
cai^^LS::/""'' ^his purpose the boundaries
of a local area were clearly
defined ' by a formal act of the Order. The
area was not to be too large, nor was it to consist
of such natural obstacles, as a big river without
any regular communication between the two
sides by means of ferry boats, etc. These pre-
cautions were evidently taken to ensure the
possibility of the attendance of all the members.
There was to be only one ' Uposatha ' service, on
a particular day proclaimed beforehand, and on
a fixed spot arranged for the purpose.

When the brethren had assembled together,
the Patimokkha was recited"

The recitation of the i i ■, , , -ni -,

pstimokkha. by a learned competent Bhik-

khu with the formal sanction
of the Assembly.' As the recitation pro-
ceeded, and at the end of the description
of each class of offences, the question was
put to the assembled brethren whether they were
pure with regard to it. The question was repeat-
ed thrice, and if the assembly remained silent,
the recitation was continued ; for the silence was

* If no specific boundary was determined, the boundary of the
village or the town where the Bhikkhus dwelt was accepted as the
boundary for the Uposatha service (M, V., 11. 12. 7).

^ The Patimokkha (a classified catalogue of various offences and
their appropriate punishment) was usually recited in its full extent
but it could be abridged in times of danger (M. V., 11. 15).

« M. v.. II. 3. 3,

CHAPTER IV 323

tantamount to a declaration of innocence.^
On the other hand if any of the Bhikkhus
present was guilty of any of these offences he
had to confess his guilt and was treated according
to the rules and regulations, xlfter the recita-
tion of Patimokkha was finished, various topics
connected with the church were discussed in the
assembly ^ and sometimes even official acts
were performed.^ Usually the eldest Bhikkhu
was the master of the ceremony but in case
he was ignorant and unable to recite the
Patimokkha, the Bhikkhu who was most learned
and competent took his place. In case all the
Bhikkhus of a particular locality were ignorant
they had to send' instantly one Bhikkhu to
the neighbouring community Avith instructions
to come back after having learnt the Pati-
mokkha abridged or in its full extent. If
he failed to do this the Bhikkhus had all to go to
a neighbouring community to hold the Uposatha
service, and the recital of the Patimokkha.

The presence of all the members in the cere-
mony was specially insisted upon. If any one
was absent on account of sickness he had to
charge another Bhikkhu with his ^ parimddhi^
i.e., with the solemn declaration that he was
pure from the offences specified in the Patimok-
kha. He had also to declare at the same time

' M. v., II. 3.

2 M. v., II. 15. 5-11.

^ M. v., II. 23.

324 CORPORATE LIFE

his consent to the acts to be performed in the
assembly.^ If the sick Bhikkhu did not succeed
in conveying this parisuddhi, he had to be carried
to the assembly on his bed or his chair. If the
nurses of the sick man thought that by removing
him his sickness would increase or he would die,
then the w^hole Samgha had to go to the sick
man and hold Uposatha there. But in no case
were they to hold the ceremony with incomplete
congregation. Similarly if a Bhikkhu was seized
by his relations or kings, robbers, etc., on the
Uposatha day, the Bhikkhus had at first to try
to have him temporarily released for joining the
Uposatha service. If they did not succeed, they
were to request them to take* the Bhikkhu out-
side the boundary during the Uposatha ceremony
so that the congregation might be technically
complete. Palling in this, they should rather
stop the Uposatha ceremony altogether than hold
it with an incomplete congregation. Again, if a
Bhikkhu turned mad, he was first to be granted
' ummattakasammuti^ (i.e.^ the mad man's leave)
by a formal act of the Order before the Uposatha
ceremony could be held without him. This insis-
tence on the presence of all the members and the
mutual confession of guilt must be looked upon
as indicative of, and no doubt greatly conducive
to, the corporate spirit of ^the Buddhist monks.^

' M. v., II. 23.

^ This account is taken from M. V., II.

CHAPTER IV 825

The Vassa or the retreat during the rainy
season was another institution
the^ifs™""' calculated to develop the corpo-
rate spirit among the Buddhist
monks. It was ordained that for three months
during the rainy season every year, commencing
either from the day after the full moon of
Ashadha, or a month after that date, the monks
had to live in a settled residence.^ During this
period, they could not leave their place of resi-
dence, except in cases of emergency, specified
in detail in Mahavagga III. Thus, for three
months, a number of Bhikkhus lived together
in mutual amity and concord. We get a glimpse
of it from the following short account of the life
led by a group of Bhikkhus : " He who came
back first from the village, from his alms-
pilgrimage, prepared seats, got water for washing
the feet, a foot stool, and a towel, cleaned the
slopbasin and got it ready and put there (water
to) drink and foods. He who came back last
from the village, from his alms-pilgrimage, ate,
if there was any food left (from the dinner of the
other Bhikkhus) and if he desired to do so ; and
if he did not desire (to eat), threw it away at a
place free from grass or poured it away into
water in which no living things were ; put away
the water for washing the feet, the footstool,

^ Usually the monks travelled from place to place during the rest
of the year.

3-26 CORPORATE LIFE

and the towel ; cleaned the slop-hasin and
put it away, put the water and the food away
and swept the dining-room, etc.'"

At the end of the Vassa residence the assem-
bled Bhikkhus held the cere-
Cm) PavSrana. <? i-» - - • i • i

mony or Pavarana, m which
' every Bhikkhu present invited the Samgha to
charge him with any offence they thought him
guilty of — an offence which they saw, or heard
of, or suspected — so that he might atone for it.-
'Immediately after the Pavarana the robes

belonging to the local Saiiigha

(if) Kathina cere- a» i ^^ i^ ^ 'i

mony. Avcrc distributed among its

members. This was known as
the Kathina ceremony. The * Katldna^ literally
' hard,' was the stock of cotton provided by the
faithful to be made up into robes for the use of
the Samgha during the ensuing year. By a
formal act of the Order a Bhikkhu was placed
in charge of dyeing and sewing these clothes.
When the ncAv robes were ready for wear, he
chose one for himself and pointed out the re-
maining robes to the Bhikkhus there present,
specifying which he thought fit for the elder
and which for the younger members of the
Order. Einally he called upon the Samgha for
their formal approval of his procedure. On the
receipt of such approval the Bhikkhus took

^ M. v., IV. 57.

^ For the details and formalities of the ceremony cj. M. V., IV.-

CHAPTER IV S'll

possession of their respective robes, and the
ceremony came to an end/

§ 8
The Buddhist fraternity, of which a short
sketch has been given above,

Religious corpora- i i i i i

tions other than the may bc lookcd upon as a type

Buddhist Sarh^hn. « ., t • j-

of the religious corporations in
ancient India. The Jaina fraternity, the only
other religious corporation of which some detail-
ed account is known to us, clearly belongs to
this type.- Of the rest we possess very little
definite information. There can, however, be
scarcely any doubt that these religious corpora-
tions were always an important factor in ancient
Indian societv. It has been alreadv demon-
strated that theie were many such corporations
at the time when Buddhism arose. Their conti-
nued existence in later times is proved by the
Dharmasastras and inscriptions. Thus the passage
from Yajnavalkya quoted on p. 39 above, refers
to the ' CTPsrf^ ' or heterodox religious sects in lay-
ing down rules and regulations for corporations.
The corporation of the ' Pashandis ' is also
expressly referred to in the Narada Saiiihita in
the following passage : —

' S. B. E., Vol. XVIT, pp. 148-152 and footnotes.
- Considerations of space forbid a detailed account of the Jaina
church.

328 CORPORATE LIFE

#^^ Wf{^ Tjm ^ ^MM^ c[^ ll" (X. 1. 2.)

An inscription of the second century A. D.
records a gift to the corporation {parshad) of the
Charakas, probably ' a certain special category
of Brahmanical ascetics '^ while another refers to
the holy assembly of the Aparajitas.-

During the latter part of the Hindu period,
religious corporations specially

Their continued ex- . .

istence till the latest 01 the various Yaishnava and

period of Hindu India. A~^ , l ^ ^ n •!!

Sakta sectSj largely nourished
in southern India. References to temples occur
pretty frequently in south Indian records and
leave no doubt that these local religious
corporations of more or less well-defined charac-
ter were associated with them. They no
doubt corresponded to the ancient Buddhist
monasteries to a certain extent but their corpo-
rate organisation never reached the same high
stage of development. A detailed account of
these institutions is not necessary for the pur-
pose of the present work, however interesting it
might prove to the students of Indian history.
The same remark applies to the similar institu-
tions in northern India.

* Ep. Ind., Vol. VIII, p. 79. Also c/. the dedicatory cave inscrip-
tions of Asoka and Dasaratha.
= Lnd. No. 1163.

CHAPTER V
Corporate Activities in Social Life

§1

The corporate activities of the ancient In-
dians were most remarkably
theIoncrTtfe\p?esS manifested in their social life,
il s^o^arHf:. '^""'" and they were carried to a de-
gree of perfection which is
unknown elsewhere in the w^orld. The institu-
tion variously known as varna, jati or caste, is
the concrete expression of those activities, and
represents, in its highest development, the best
form of social corporation known to history. It
is not my object here to trace the origin and de-
velopment of the caste system as a whole, for
that is too big a subject and requires separate
treatment by itself. I should rather confine
myself to those essential features alone which
make the term corporation applicable to it, and
bring out more prominently the corporate
character of the institution.

We may begin from the earliest period of
Indian history known to us,

The origin and anti-
quity of the caste viz., that represented by the

^^'^ ^™' Eigveda. The point has often

been discussed whether the caste system was

42

330 CORPORATE LIFE

known to the people of that age. But the views
of antiquarians differ much on this question.
Aufrecht, Benfey, M. Miiller, Muir, Roth, Weber
and Zimmer were of opinion that the later Brah-
manical social organisation was unknown to the
Vedic people. The view was endorsed by Senart,
Macdonell, Von Schroeder and Kaegi. On the
other hand Haug, Kern and Ludwig maintain
the opposite view and they have been supported
by Oldenberg and Geldner.^ It would be of no
use to consider in detail the arguments advanced
by each, but we may examine the facts so far as
they have been elucidated by these scholars.

There is only one passage in Rigveda, the

celebrated Purusha Sukta which refers to the

division of society into four classes. The Sukta

is, however, admittedly of late

Caste system un- . . i ji * p i

knownin the Rigvedic origm and cauuot theretore be

period. , i . j «

accepted as an evidence of
the earliest period. There are, however, some
grounds for the belief that the four classes
were not unknown to the earliest Indo-Aryans.
The earliest Iranian society was divided
into four classes (pishtras) corresponding to
those described in the Purusha Sukta. Thus
the Athravas (priests) would correspond to
the Brahmans, the Rafhaesthas (warriors) to
the Kshatriyas, the Vastriyas Fshouyants (chief

* For a summary of these views cf. A. L., p. 186, and V. I., II,
p. 247 ff.

CHAPTER V 331

of family) to the Vaisyas and the Huitis
(labourers) to the Sudras/ There is some force
in Ludwig's argument that as the religious ideas
contained in the Rigveda reach back to the time
when the Iranians and the Aryans lived together
we have a right to take the social ideas also as
representative of the same period ; that if we
admit the absence of similar class distinctions in
the age of Rigveda, we are bound to presume
that the Aryans originally had the distinctions
in their society, subsequently lost it and had
built them up again at some future period.^

It may thus be admitted that the four-fold

social division contemplated by

Class distinctions the Purusha Sukta was known

of the Kigveda are

different from caste in the d,^Q of Riffvcda. There

distinctions. ^ • o

is, however, nothing to show
that the four classes formed anything approach-
ing to four castes. Every people in an advanced
state of civilisation may be differentiated into
the four (or possibly more) elements. The Eng-
lish people, for example, may be divided into the
clergy, the noble, the middle class, and the
labourers. There is no evidence to show that
the general division of the people into four class*
es in the age of Rigveda was more rigid than

^ C/. Lndwig, Der Rigveda, III, pp. 243-4 ; Senart,Caste, p. 140 ff.

* Der Rigveda, III, 244, 1 liere is however no question of the
* Classen- unterschiede die auf der geburt beruhten' as Ludwig pre-
sumes. C/, Senart, Caste, p. 142 ; Spiegel, Eran, Alterthumsk. II,
p. 551 ff.

382 CORPORATE LIFE

that prevailing in England, the hereditary nohles
in the latter forming a suitable counterpart to
the more or less hereditary priest-hood in the
former. It may be argued, that in the ease of
India the later literature shows these classes as
rigid castes, and in the absence of any proof to the
contrary, we might postulate the same with re-
gard to the age of Rigveda. Apart from the
illogical nature of the statement itself, the ex-
ample of the Iranian society clearly proves that
the class distinctions mentioned above do not
connote any caste distinctions, and, what is more
important, that they do not even necessarily
lead to the latter.

Let us next examine the point whether, and
if so how far, these classes partook of the nature
of corporations. We can speak of corporation
only when there is some link by which a
class of people is tied together, whether it be
of profession, social status or something else.
Now there is absolutely no evidence that any of
the four classes of which the existence may be
inferred from the hymns of Rigveda ever form-
ed a professional group or social unit. Excep-
tions may indeed be taken to the case of Brah-
mans and Sudras. It may be argued that
the priest-hood already formed a profession ^
and that the Sudras or Dasas formed a distinct
ethnic group. In the first case, however, there

' Muir, S. T., I, 259.

I

CHAPTER V 338

is nothing to show that the profession was the
monopoly of a particular and definite class of
people, or that those who adopted it formed any-
organised social group or groups by themselves.
In the latter case, although the Sudras or Dasas
were ethnically distinct from the Aryas, there is
no reason to suppose that they were a homo-
geneous race, being composed, as they were, of
various aboriginal races, whom the Aryans had
to confront in their Indian settlements. It may
be broadly asserted therefore, that although there
were several classes among the Aryans in the
early Vedic period there was not yet any
question of caste/

§ 2

We may next take into consideration the
later Vedic age. Weber, who

Caste in the later i i • i j. i n j i

Vedic period. has made a special study or the

data regarding caste contained
in these sources, is of opinion that the caste sys-
tem was fully developed during the period, and
that we find here the system which was after-
wards idealised in Manu's code, although he is
constrained to admit that some laxity in the sys-
tem is observable here and there.^ That this
view of the development of the caste system is

^ Senarfc, Castes, p. 149 £E.
2 Ind. Stud., Vol. X, p. 2.

334 CORPORATE LIFE

erroneous is now generally recognised^ With^
out going into this question in detail we shall
separately discuss the cases of Brahman, Ksha-
triya, Vais'ya and Sudra just to find out to what
extent any of those partook of a corporate
character.

Brahman, — The pretension of the Brahman

has no doubt reached a high
ofaTal:^"""'^^ point. Already in Kausitaki

they are called Gods and Gods of
Gods (p. 35).^ They are even held to be identical
with Brahma (p. 37). They alone can take things
offered in a sacrifice. They have a right to claim
four privileges, viz., (1) Archa (veneration), (2)
Dana (present, gifts, etc.), (3) Ajyeyata (freedom
from oppression) and (4) Abadhyata (immunity
from capital punishment). They have also four
duties, viz., (1) Brahmanyam (purity of blood),
(2) Pratirupacharya (proper way of living), (3)
Yasah (fame through the study of Veda, etc.), (1)
Lokapakti (intellectual and religious training
of the people, as teacher, sacrificial priest and
purohita).^

These duties and privileges belong to no other
class of people, at least as a body, and as such
the Brahmans must be looked upon as a distinct
privileged class. There were besides special

* Hopkins, Caste, pp. 2, 108.

* These pages refer to Ind. Stud. Vol. X.

' Ind, stud. X. 41. For detailed account of each of the above pri-
vileges and dtfties see, ibid^ pp. 41-160.

CHAPTER V 335

rules and regulations prescribed for the conduct
of a Brahman such as that :

(1) He should not carry arms (p. 96) (Kausi-
taki, 93.101.

(2) He should not speak in a vulgar tongue
(p. 97).'

(3) He should initiate his son at a particular
age (p. 101).

(4) He should observe the rules laid down for
taking food.

(5) He should observe Brahmacharya (chas-
tity) (p. 102).

The violation of these rules was meted with
punishment in the form of penance, and some-
times it even led to the exclusion from the
Brahmanic fold. The * out-cast,' however, could
get back into his society by performing some
penances (p. 102).

It is thus quite clear that the Brahmans al-
ready possessed a corporate
the'^^ Brahmarco?po- charactcr. It behoves us next
^^^'^°' to take into consideration the

nature of this corporation.

The first thing that strikes anybody is that
the corporation is in the making, and that a
conscious attempt is visible to make it more and
more perfect. In the first place, what is the

^ S. p. Br., 3. 2. 1. 24.

886 CORPORATE LIFE

basis of the corporation ? The group of people
who were collectively called Brahman was not
bound together by ties of birth. There is abso-
lutely nothing to show that, as in later days, none
but the son of a Brahman could belong to the
class.

Eules were indeed laid down that nobody
should serve as a priest who could not prove his
descent from three (according to Kausitaki
Sutra) or ten (according to Latyayana Sutra)
generations of Rishis (p. 70). But these very
rules prove distinctly that the unbroken descent
in a Brahman line was as yet an ideal and not
an actuality. It further shows the conscious
attempt towards a closer corporation to which
I have referred above.

We have, however, not to depend upon nega-
tive proof alone to establish our thesis. Authen-
tic ancient texts repeatedly declare that it is
knowledge, not descent, that makes a Brahman.
Thus we learn from Satapatha Brahman 11. 6. 2.
10, that Janaka became a Brahman through the
teachings of Yajiiavalkya. Taittiriya-sarhhita
(6. 6. 1. 4) declares *'i^ § ?mn'I -^(Mfmih ^:
1|P5^" ' He who has learning is the Brahman
rishi. Again we have in Kathaka 30. 1, and
Maitrayaniya Samhita 48. 1 ; 107. 9.

CHAPTER V 33:7

" What do you ask about Brahman father,
what do you ask about Brah-

Knowledge, not i-i f^ m* 1

birth, the basis of the man mother ? Smee one who
corporation. kuows the Veda is the father,

the grand father." These and similar passages
indicate that knowledge was looked upon as the
primary qualification, and heredity counted for
little in the recognition of a person as Brah-
man.^

If, then, the Brahmanhood depended upon
the knowledge and learning mainly requisite for
Vedic worship, there must have been some speci-
fic method by which it was obtained. The
method is fortunately referred to in Kausitaki,
55, from which we learn that the teacher had the
power to confer ' arsheyam ' or Brahmanhood
upon his student,^ apparently if the latter were
inclined to adopt the profession of a priest, and
had, in the opinion of the teacher, capacity
required for the same. This is beautifully
illustrated by a passage in Aitareya Brahmana
(VII-19), quoted by Mui.r'^ We are told that
"sacrifice fled from the Kshatriya, Vaisya and
Sudra and approached to Brahman. Wherefore
now also sacrifice depends upon Brahman, upon
the Brahmans. Kshattra then followed Brahman,

' Uud so wird denu auch sonst noch mehrfach das Wissen alleiu
als wesentlich, die Abkunft Uberhaupt als ganz unwesentlich bezeichnet
(Ind. Stud., p. 70).

- For various details in connection with it cf. Ind. Stud.,x, pp. 71-72.

3 Muir, S. T., Vol. I ,p. 368.

358 CORPORATE LIFK

and said, ' invite me (too to participate) in this
sacrifice.' Brahman replied, * so be it : then lay-
ing aside thy own implements (bow, arrows, etc.)
approach the sacrifice with the implements of
Brahman, in the form of Brahman, and having
become Brahman.' Kshatti a rejoined, ' Be it so,'
and, laying aside his own implements, approached
the sacrifice with those of Brahman, in the
form of Brahman and having become Brahman,
Wherefore, now also a Kshattriya, when sacri-
ficing, laying aside his own implements, ap-
proaches the sacrifice wath those of Brahman,
in the form of Brahman, and having become
Brahman." There was thus no inherent dis-
tinction between Kshattra and Brahman, and the
one might have been changed into the other by a
change in the mode of life and profession. The
same idea also occurs in Aitareva Brahmana
VII. 231 ; " He, a king, when consecrated
(^•51441*1!:) enters into the condition of a Brah-
man," and also in Satapatha Brahmana (III. 2. 1.
39 ff). On the authority of these and other texts
Weber concludes : '' Thus every Rajanya and
Vaisja becomes, through the consecration for
sacrifice (^'^) a Brahman during its continu-
ance, and is addressed as such " (p. 17). Again
we have in Satapatha Brahmana (XIII. 4. 1. 3) :
*' whosoever sacrifices, does so after having as it
were become a Brahman." So too Katyayana
says in his Srauta-sutra, VI. 4. 12: '* The word

CHAPTER V 389

Brahman is to be addressed to a Vaisya and a
Rajanya also," on which the commentator an-
notates : " The formula ' This Brahmana has
been consecrated ' is to be used at the sacrifice
of a Vaisya and a Raj any a also ; and not the
Avords ' this Rajanya, or this Vaisya, has been
consecrated.'^

The passage in Kausitaki, 55, thus gives a
probable clue to the basis of corporation which
we have been trying to discover. It is the
knowledge and deportment requisite for priestly
function, and the Brahman society in those days
may thus be said to be a guild of priests. As
new members could be admitted to a craft-guild
only by some prescribed method (see ante, p. 49),
so one could be initiated into this guild of priests
only after an approved term of apprenticeship
with a Master. T'his is expressly acknowledged
by the Sutra writers. Thus Apastamba says
that '' he (the Acharya) causes him (the pupil)
to be born (a second time) by (imparting to him)
sacred learning " (S. B. E., II, p. 3) ; also, that
" this (second) birth is the best "; *' The father
and the mother produce the body only " {ibid).
Again, one " whose father and grandfather have
not been initiated (and his two ancestors) are
called slayers of the Brahman. Intercourse, eat-
ing and intermarriage with them should be
avoided '*; {ibid, p. 5). ' No religious rite can be

^ Gf, Muir, S.T., Vol. I, p. 369 and f. n.

340 CORPORATE LIFE

performed by a (child) before he has been girt
with the sacred girdle, since he is on a level with
a ^udra before his (new) birth from the Veda '
(ibid, p. 10). Initiation, not birth, was thus
the real claim to Brahmanhood, and we get here
a rational explanation of those elaborate cere-
monies which regulated the relation between a
teacher and a student.

The analogy with the guild may be carried a
step further. As many of these guilds (like those
of weavers, barbers, potters and oil-millers) had
ultimately developed into ' castes,' so the ' guild
of the priests ' was also converted into the
* Brahman caste.' We come across those craft
guilds in ancient time, and their representatives,
forming so many * castes,' in modern days. It
would be as much consonant to reason to say,
that the membership of the primitive guilds
depended upon birth, as to predicate the same of
the ancient Brahman class.

It is necessary that we should divest our
mind of prejudices and guard ourselves against
associating modern ideas with the old state of
things. The angle of vision also requires to be
changed a little. We are accustomed to say
that the * Brahmans alone could be priests, they
alone could teach the Vedas,' whereas we should
rather say that they alone were Brahmans who
possessed a knowledge of the Veda and could
perform the function of a priest. One was a

I

CHAPTER V 341

Brahman because he was a Vedic scholar and a
priest, and not the vico versa. Again, the Brah-
mans of those days did not confine their activities
to the function of a priest alone. As we have
seen, some of them were fighters too, and it is
certain that many also followed other professions.
But the prohibition to carry arms, which Ave
find in Kausitaki is probably a typical example
of the gradual restriction in this respect. Here
again we find that conscious attempt towards
making the corporation a closer one to which
reference has already been made.

The ' corporation of priests ' had not as yet
, developed that social exclusive-

Ihe corporation, not ^

yet a rigid one. ncss which is the chicf charac-

teristic of their descendants. They freely married
among all classes of people and took wives even
from the ^udra class. The marriage with Sudras
was indeed looked upon with disfavour, as is
evidenced by Gobhila, 3. 2. 42 , etc., and, among
others, the story of Vatsa, but it was not positively
forbidden (pp. 73-74). After considering every-
thing Weber concluded that there was in those
days no hard and fast rule regarding that ' purity
of blood,' about which so many injunctions and
prohibitions have been laid down in later days }

The corporation of priests was thus not a
close or rigid one. We find indeed conscious
attempts to make it so, but the regulations laid

' Ind. Stud., Vol. X, p. 75.

342 CORPORATE LIFE

down for the purpose sat lightly upon the
members, and were not enforced with any amount
of rigour. Slight penances only were imposed
for any breach of customary duties, and although
continued neglect of the same led to the expulsion
from the corporation, the means of re-admission
to it were in many cases extremely feasible.

\jLhave all along used the expression " corpora-
tion or guild of priests." It would perhaps be
more correct to say " corporations or guilds of
priests." For we cannot very well believe that
all the Brahmans in different parts of the country
formed only one corporation. Although there
must have been some general similarity in their
aims, pursuits, and manner of living, the more
coherent organisation could embrace only a
limited sectioiij As a matter of fact we hear of
various schools of Brahmans at this period, such
as the Yajurvedis, Madhyandins, Maitmyanis,
Rigvedis, Apastambas, Apastamba Hiranyakesis,
etc. These very names indicate that the differ-
entiating factors were connected with the Vedic
authorities relied upon by them, and this, in a
manner, corroborates what I have stated above
regarding the basis of these corporations, viz.,
that it is not birth but the knowledge required
by a priest. The divisions of the Brahmans
according to Sakha and Charana also lead to the
same conclusion.

' Ihid, p. 102.

CHAPTER V 343

The Ks1i((triyos. — The various texts quoted
by Weber under the heading " Verhaltniss der
beiden obersten Kasten " (Ind. St., X, pp. 26-35)
leave no doubt that the Kshatriyas too had
formed a class by themselves. They are
frequently mentioned along with the Brahmans
as having enjoyed special rights and privileges
apart from all other classes. They no doubt
represented the nobility, the descendants of the
ancient tribal chiefs, but there is no reason to
suppose that their rank was a closed one, or that

there was anv social exclusiveness about them.

»

Ties of rank no doubt invested them with a
corporate character, but the corporation, like
that of the Brahmans, was not yet a rigid one.
They developed side by side with the Brahmans
and, as we shall see later on, maintained for long
a contest for supremacy with the latter. As the
development of these two classes runs on almost
parallel lines it is not necessary to treat the case
of the Kshatriyas separately in detail.

The Vaisyas, — The Vaisyas represent the
mass of the people at large from which the two
upper classes were recruited.^ Sundry regula-
tions are laid down to mark the distinctions of
the two upper classes from them. A few of
them may be quoted below as types.

(1) In a sacrificial place,' a Brahmana is
addressed with ' Ehi^ and a Vaisya and a

' C/. S. p. Br. 11. 2. 7. 16; 12. 7. 3. 8 also, Oldenbeig in Z. D. M.
G., Vol. 61, p. 280. Senart— Castes, p. 153, and Fick, p. 163.

344 CORPORATE LIFE

Kshatriya witJi ayahi and adrava ( Satapa^lia
Brahmana 1. 1. 4. 12 ).

(2) The Brahman can marry three wives,
the Kshatriya two, and the Vaisya only one
(p. ^1).

(3) The age for beginning the student
life is respectively 8, 11, and 12 for Brahman,
Kshatriya and Vaisya {ibid),

(4) The savitrl of a Brahman is a gayatil,
that of a Kshatriya a trishtuhh, that of a A'^aisya
ajagafi (p. 22).

(5) The upanayana ceremony of a Brahman
takes place in spring, that of a Kshatriya in
summer and that of a Vaisya in autumn (p. 22).

(6) The Brahman, Kshatriya, and Vaisya
students utter the word ' bhavant ' respectively at
the beginning, middle, and end of their speech,
while begging for alms (p. 22).

(7) White, red, and yellow grounds are
respectively the building spots of Brahman
Kshatriya and Vaisya.

(8) Different materials are prescribed for the
upper garment, the holy girdle (mekkala), and
the staff of the Brahman, Kshatriya and Vaisya
students.

These and other similar distinctive character-
istics had probably no more objective reality than
the assumption that Brahman, Kshatriya and
Vaisya were respectively of white, red and yellow
colour ! (according to other authorities Vaisya

I
I

CHAPTER V 345

and Kshatriyas are respectively white and dark !)^
(p. 10). They no doubt betray an attempt on the
part of the Brahmanical writers to erect barriers
between the three classes but they at the same
time clearly prove that the existing distinctions
were not very strong.

But although the Vaisyas were theoretically,
and no doubt, to a great extent, practically,
differentiated from the Brahmans and the
Kshatriyas, there is no reason to suppose that they
ever formed a homogeneous group. They were
too large in number and too varied in the nature
of their component parts to maintain a corporate
character ; and although they were distinguished
from the Sudra by birth, they remained a conglo-
meration of different groups of people following
different professions and different rules of life.
It is only in later periods that these groups
developed a corporate character, and this will be
discussed later on.

The Sudras — The contrast between Arya and
Dasa of the previous period is replaced by that
between Arya and Sudra during the period under
review (for the expressions clearly bringing out
the contrast and an account of the symbolical

* This is conclusively proved (if such proofs were necessary) by the
following passages of Apastamba, where, after describing the dififerent
materials fit to be used by Brahman, Kshatriya and Vaisya he says :
" some declare, without any reference to caste, that the staff of a
student should be made of the wood of a tree (that is fit to be used at
the sacrifice) " ( S. H. E., II, p. 9 ). Again *' the skin of a sheep is fit
to be worn by all castes " {ibid, p. 10).

346 CORPORATE LIFE

struggle between Sudra and Arya, seelnd. Stud.,
X, p. 5 ff.). Distinct attempts are made in order
to accentuate the points of difference between
the two. It is claimed that the Stidras have no
right to approach the sacred fire {i.e., perform
sacrifice) or read the sacred texts (p. 11).
There are however passages in the early texts
which clearly assert these rio^hts (p. 12). The
commentator remarks that in these passages the
Sudra is to be taken in the sense of Rathakara.
This restricted connotation of the word Sudra, as
Weber remarks, is merely of secondary origin
and an evidence of the attempt to which I have
just alluded. Again the Stidras are denied the
rite of burning the dead body. The ancient
texts, however, have laid down the measure-
ments of the tumulii, respectively for Brahmans,
Kshatriyas, Vaisyas, and Sudras. The scholiasts
not only explain it away by a similar argument,
viz., that only the Rathakara is to be understood
here, but some of them even proceed a step
further and boldly assert that the measurement
of the tumulus for the Stidra is given merely as
^Farimcma-prasangat ' (for the sake of measure-
ment) ! I have already referred to the fact that a
marriage alliance with the Sudras was gradually
being looked upon with disfavour.

These things point to a growing cleavage
between the Aryas, including the Brahmans,
Kshatriyas and Vaisyas on the one hand, and the

CHAPTER V 347

Madras on the other. But the entire Arya folk
had as little claim to a corporate character as
the motley group of people designated as the
Madras.

§ 3

The social harriers hetween the Aryans and

the Sudras however went on increasing in the

succeeding centuries. First, as

The distinction be- regards food. It is laid down in

tween the Brahmans - /<_ i

andthefiudras gradu- Apastamha, that *' Sudras may

ally accentuated in .1 p -i / n 1

later periods. prepare the tood (or a house-

holder which is used at the
Visvadeva ceremony) under the superintendence
of men of the first three castes."^ It is
expressly stated that * such food is fit for the
gods' and was eaten 'hy the hushand and
wife, the master and the mistress, of the
family.' The fact shows that there was a
time when the Brahmans freely took the food
given by the Sudra. But then we find in the
same text such injunctions as follow : —
*' According to some (food offered by people)
of any caste, who follow the laws prescribed
for them, except that of Sudras, may be eaten "^
A remnant of the old practice may however

1 S. B. E., II, p. 104.

" Ibid. For similar injunctions c/. M. IV. 211 ; Vafiis^ha XIV. 4;
V. XLI. 18.14.

848 CORPORATE LIFE

be seen in Gautama, XVII, ^ according to
which " If the means for sustaining life cannot
(be procured) otherwise, (they may be accepted)
from a Sudra." These injunctions show the
gradual steps by which a rigid line was
drawn between the Brahmans and the Sudras.
What was fully and freely allowed at first,
is only conceded on emergent occasions, there
being manifest a general tendency to gradually
stop it altogether. The theory of the impurity
of touch also gradually gained ground. Thus
Apastamba says ; — ''If during his (Brahman's)
meal a Sudra touches him (then he shall
leave off eating)."^ Again, "what has been
brought (be it touched or not) by an impure
Sudra must not be eaten. "^ It is also laid down in
Gautama that a Snataka " shall not sip water
that is offered by a Sudra."*

Secondly, as regards marriage. As we have
seen above such marriage was not positively
forbidden, but generally looked upon with
disfavour. Positive disqualifications were hoAv-
ever gradually attached to it. ' One whose only
wife was a Sudra female ' was not to be fed on
the occasion of a funeral oblation {Sraddha).^
According to the same authority, son by a

^ lUd, p. 265.
' Ihid, p. 61.
' lUd, p. 60.

♦ Ihid, p. 220.

* Gautama, XV. 19, S.B.E., Vol. II, p. 258.

CHAPTER V 349

Sudra wife is to receive only a provision for
maintenance (out of the estate; of a Brahman
d(.'ceased Avithout (other) male issue. At last
such marriage was forbidden altogether. Says
Vasishtha :

" Some declare (that twice-born men may
marry) even a female of the Sudra caste like
those (other wives) [Brahman, Kshatriya, Vaisya]
without (the recitation of) Yedic texts. Let him
not act thus. For, in consequence of such (a
marriage), the degradation of the family certainly
issues, and after death the loss of heaven."^

Manu also goes on in the same strain : " A
Sudra woman is not mentioned even in any
(ancient) story as the wife ^ of a Brahman or of
a Kshatriya, though they lived in the (greatest)
distress. Twice-born men who, in their folly,
wed wives of the low (Sudra) caste, soon degrade
their families and their children to the state of
Sudras.

'' According to Atri and to (Gautama), the
son of Utathya, he who weds a ^udra woman
becomes an outcast, according to Saunaka, on
the birth of a son, and according to Bhrigu,
he who has (male) offspring from a (Sudra
female).^ A Brahman who takes a Sudra wife

' S. B. E., Vol. XIV, pp. 5-6.

- The translator adds within bracket ' first ' before this word. There
is, however, no authority for this in the text itself.

^ The word ' alone ' is added by the translator but there is no
authority for this in the text.

850 CORPORATE LIFE

to his bed, will (after death) sink into hell ;
if he begets a child by her, he will lose the
rank of a Brahman. The manes and the gods
will not eat the (offerings) of that man who
performs the rites in honour of the gods, of the
manes, and of guests, chiefly with a (Sudra
wife's) assistance, and such (a man) will not
go to heaven. Eor him who drinks the moisture
of a Sudra's lips, who is tainted by her breath,
and who begets a son on her, no expiation is
prescribed."^

The Brahmans thus erected an impassable
barrier between themselves and the Sudras.
Marriage with the latter, and the food prepared
by them were alike forbidden, and even their
very touch was looked upon as impure. The
social exclusiveness, to which the Brahmans
thus committed themselves, carried them still
further, until by extending the barriers further
and further they converted themselves into that
rigid corporation which we now see before our
eyes. The same principles of exclusiveness by
which they were altogether separated from the
Sudras were gradually extended to other classes
of people (including Kshatriyas and Vaisyas),
till they looked upon themselves as a unique type
of men, and asserted the bold principle " that it is
birth alone that makes a Brahman and no
people of any other class has access to it." We

' S. B. E., Vol. XXV, pp. 78-79.

CHAPTER V 351

shall therefore next take into consideration this
important factor that ultimately led to the
crowning success of the Brahman.

§ 4

[The doctrine that birth alone makes one a

Brahman is one of slow growth. There is no

trace of any such doctrine in

Gradual advance of either the Vcda or the Brah-

the BrShrnanic preten-
sions; birth becomes manas, and, as we have seen

the basis of corpora- , i ^' i- l^

tions. above, some texts distmctly

assert that it was learning not
birth that was really the determining factor.
How ideas changed in this respect may best be
illustrated by comparing the two stories of
Visvamitra and Janaka, with that of Matanga.
It is related in ancient literature, how Visva-
mitra and Janaka, though originally belonging to
the K-ajanya class became Brahman by means of
austerities and learning.^ The story of Matanga^
is, however, expressly designed to show the
futility of all attempts, however great, by
people of other classes to become a Brahman.
In course of the story Indra is made to say
" that a Chandala can only become a Stidra in a
thousand births, a Sudra a Vaisya after a period
thirty times as long, a Vaisya a Rajanya after
a period sixty times the length, a Rajanya a

1 For details see Muir, S. T. Vol. I, pp. 337-430.

2 Ihid, p. 440 fit.

352 CORPORATE LIFE

Brail man after a period of sixty times the
duration and so on." Muir comments upon
this passage as follows :

" The assertion here made of the impossi-
bility of a Kshatriya becoming a Brahman
until he has passed through a long series of
births is of course in flagrant contradiction with
the stories of Visvamitra, Vitahavya and others,"

The doctrine was gradually extended and it
was asserted that both the parent^ must be
Brahmans in order that the issue may belong
to that class. It is difficult to realise how the
existence of mixed marriage was compatible
with the doctrine. For what would be the
condition of the child whose father is Brahman
and the mother a Kshatriya ? The theoretical
text books have of course no difficulty in answer-
ing such questions. They postulate a new caste
for him as they do for the issue of each con-
ceivable kihd of mixed marriage {cf. Gautama,
IV. 3 6, etc.). Such fanciful theories do not,
however, bear the scrutiny of evidence. The
Yavanas, for example, are held out as the
offspring of a Kshatriya father and Sudra
mother ! (Gautama, IV. 21).

The truth is, that in this respect too, there
was a gradual growth of Brahmanic pretensions.
A verse in Mahabharata declares that the son
of a Brahman is a Brahman even though the
mother be a Kshatriya or a Vaisya (XIII.

CHAPTER Y 35a

47-17). But we find in Manusariihita (X. 6)
that ' sons, begotten by twice born men on wives
of the next lower castes, they declare to be
similar (to their fathers, hut) blamed on account
of the fault inherent in their mothers "^ This was
then the first step in the evolution of the
theory which ultimately denied the rank of
the father to such children. The curious
manner in which these Brahmanic pretension*
were gradually established is best illustrated
by Gautama, IV. 22. 23. The full purport of
these jDassages, as explained by the commen-
tators, may be quoted in extenso : (S. B. E., II,
p. 199). ''If a savarna female, born of the
Kshatriya wife of a Brahman is married to a
Brahman, and her female descendants down to
the seventh likewise, then the offspring which
that seventh female descendant bears to her
Brahman husband is equal in caste to a Brahman.
In like manner, if a scwarna male, the son of a
Brahman and his Kshatriya Avife, again marries
a Kshatriya wife, and his male descendants down
to the seventh likewise, then the offspring of that
seventh male descendant is equal in caste to a
Kshatriya. The same principle must be applied
to the offspring of Kshatriyas and wives of the
Vaisya caste, as well as to Vaisyas and wives of the
Stidra caste." Gautama says also that, accordins:
to other teachers, such changes of caste take place

^ S.B.E., Vol. XXV, X. 6,

45

354 CORPORATE LIFE

in the fifth generation. This process of the change
of caste whereby a Sudra attains the rank of a
Brahman, and a Brahman sinks to the level of a
Sudra, is also referred to in Manu-Samhita X. 64-65.
Here then we have a complete cycle of the
stages of evolution. There can be no doubt
that at first the issue of a Brahman and a
Kshatriya, Vaisya or Sudra female, was looked
upon as Brahman ; then his position became lower
though he still retained the rank ; gradually
this was altogether denied, although a reversion
to it was possible for his (or her) descendants, if
fortified by Brahman blood for five generations.
The limit was next extended to seven, and the
final step was reached when this provision was
omitted altogether. Thus the gradual establish-
ment of the two co-ordinate doctrines, i;/<2;., (1) that
none but the son of a Brahman can belonsj to
that class, and (2) that none but the son of a
Brahman father and Brahman mother can become
a Brahman, ultimately led to the establishment .
of a rigid social corporation which can be properly
termed the Brahman Jati (caste).

§ 5

It is extremely fortunate that we have a note
Evidence of Buddhist of time in this gradual process of

literature on the deve- i j» o n •¥-» _i l

lopment of caste sys- evolutiou of tile Brahman caste.
^^' The canonical text books of the

Buddhists, the Pali Tripitakas, throw interesting

CHAPTER V 355

sidelight on this question and we have good means
of approximately determining the age when they
were written. I shall therefore next consider in
some detail, the bearings of this literature upon
the point at issue. It will be well to begin with a
short summary of the important texts.

The Jdtakas. — I. The long Introduction to
Bhaddasala Jataka relates the story how the king
of Kosala was married to Vasabhakhattiya,
daughter of a Sakya noble by a slave woman,
and when the facts came to be known, the queen
and her son were degraded from their rank.
The king reported this matter to the great
Buddha when he came to the palace, whereupon
the latter said :

" The Sakyas have done wrong, O great king !
If they gave any one, they ought to have given
a girl of their own blood. But O king, this I
say : Vasabhakhattiya is a king's daughter, and
in the house of a noble king she has received
the ceremonial sprinkling ; Vidudabha, too, was
begotten by a noble king. Wise men of old
have said, what matters the mother's birth?
The birth of the father is the measure^ : and to
a poor wife, a picker of sticks, they gave the
position of queen consort ; and the son born
of her obtained the sovereignty of Benares,
twelve leagues in extent, and became King

^ Cj. Mbh. AnusSsana parva, Oh. 47, v. 17.

356 CORPORATE LIFE

Katthavahana, the wood- carrier." (The story
is told in detail in Jataka No. 7, 1. 133-tl:').

" When the king of Kosala heard this speech
he was pleased ; and saying to himself, " the
father's birth is the measure of the man," he
again gave mother and son the treatment suited
to them.^

II. The Introduction to Kummasapinda
Jataka relates how Mallika, the daughter of the
chief of the garland-makers of Savatthi, was made
the chief queen of the King of Kosala (III. 405).

III. It is narrated in Uddalaka Jataka
(IV. 293) how a Brahman, the chaplain of the
king of Benares, fell in love with a light-skirts,
and a son Uddalaka was born to them. The boy,
when grow^n up, visited his father, and as soon
as the latter was convinced of his identity by
means of the seal-ring he gave to his mother, he
acknowledged Uddalaka to be a Brahman and
got him appointed as a chaplain under him.

IV. (a) It is narrated in Mataiiga Jataka
how sixteen thousand Brahmans were put out
of caste by the other Brahmans for having tasted
the leavings of a Chandala (Jataka IV. 388) (of.
also Satadhamma Jataka 11. 82-ff).

(b) It is related in Chitta-Sambhuta Jataka
(IV. 390-ff) how two ladies — one a merchant's
daughter and the other a chaplain's — came across
two Chandalas while going out of the city gate.

' Jataka, Vol. IV, pp. 147-14S.

CHAPTER V 357

" This is an evil omen to see !" they said, and
after washing their eyes with perfumed water,
they returned back. The multitude belaboured
the two Chandalas and did them much misery
and mischief. {Cf. also the first portion of
Matanga Jataka, Vol. IV, p. 376.)

The Suftas. — Y. Ambatthasutta ^ : (Digha
Nikaya, No. 3).

Ambattha, a young Brahman visits Gotama
Buddha and puts on the claim, that of the four
castes, the three, Kshatriya, Vaisya, and Sudra,
are attendants to wait on the Brahman. Buddha
curbs the pride of the haughty Brahman by
reminding him that the Krishnayana clan to
which he belonged, was descended from a slave
woman of a Kshatriya king. We are told that
the slave-girl's son had become a great Bishi
and married the daughter of the Kshatriya king.

Gotama then asked Ambattha, " If a man is
the son of a Kshatriya by a Brahman woman,
will he get seat and water among Brahman ? "
"He will." '"And be admitted to share their
dish and bowl ? " '' Yes." '' Will they admit
him as a student of the Mantras ? " " Yes. ''
'' Will they give him their daughters ? " ' Yes. '
Will Kshatriyas anoint him to Kshatriya
rank ? " " No. " " Why ? " '* Because he is not
born (of their caste) on the mother's side."

' The folloAving summary of this Sntta is taken from Copleston's
Bucldhiara, p. 145 ft'.

358 CORPORATE LIFE

" Will the son of a Brahman by a Kshatriya
>yoman be received to seat and water, bowl and
dish among Brahman ? " "Yes." "Will they
admit him as a student ? " " Yes." *' Give him
their women ? " " Yes. " " Will Kshatriyas anoint
him ? " '* No. " '' Why ? " " Because he is not
born (of their caste) on the father's side. *'

" Then, Ambattha, " says Gotama, "• whe-
ther you look at it from the woman's side or
from the man's, the Kshatriyas are higher and
the Brahmans lower. Take the case of a Brah-
ma^ who is expelled in disgrace by his fellow
Brahmans ; will Brahmans receive him or eat
with him, or teach him ? " " No. " Will they
give him their women?" "No." But if a
Kshatriya is expelled by Kshatriyas will Brah-
maiis receive him, feed him, and teach him ? "
" Yes. " " Give him their daughter ? " "Yes. "
"Then even when a Kshatriya is in the utmost
disgrace the Kshatriyas are the superiors and the
Brahmans the inferiors." It was a Brahman,
Ambattha, who uttered the verse :

" The Kshatriya is best among those who
reckon family. But the man of perfect conduct
and knowledge is best among gods and men. "
And this, I think, Ambattha, is very well said.

VI. The Assalayana Sutta^ (Majjhima
Nikaya No. 93).

' The summary of this Sutta, as given below, is taken from " Indian
Buddhism " by T. W. Rhys Davids (Hibbert Lectures, p. 51 ff).

CHAPTER V 359

It opens by describing how a number of
Brahmans at Savatthi were trying to find some
one who could controvert the opinion put for-
ward by Gotama, that all the four castes were
equally pure. In their difficulty they apply to
a young and distinguished scholar, named
Assalayana, whom they think equal to the
contest. Assalayana goes to Gautama and
asks :

**The Brahmans, O Gotama, say thus : The
Brahmans are the best caste {vama) : every
other caste is inferior. The Brahmans are the
white caste : every other caste is black. The
Brahmans alone are pure ; those who are not
Brahmans are not pure. The Brahmans are the
(only) real sons of Brahma, born from his
mouth, sprung from Brahma, created by
Brahma, heirs of Brahma. But what do you,
sir, say about this ? ''

Then the Buddha asks him whether the
wives of the Brahmans are not subject to all
the ills and disabilities of child-birth to which
other women are subject. Assalayana is obliged
to confess that this is so and that the Brah-
mans put forward their claims inspite of this.

The Buddha then applying our modern
comparative method of inquiry, asks whether
in adjacent countries such as Bactria or Afgha-
nistan, there are not differences of colour similar
to those between the Brahmans and other casteSj

360 CORPORATE LIFE

and yet in those countries whether slaves cannot
become masters, and masters become slaves.
Again Assalayana confesses the fact and that
the Brahmans put forward their claims inspite
of it.

Then Gotama goes on to ask; 'Will a
murderer, if he be a Kshatriya, Vaisya or a
Sudra be born after death, when the body is
dissolved, into some unhappy state of misery
and woe, but not if he be a Brahman ? Assala-
yana replies that the Brahman is in this respect
exactly on a par with the others. Gotama
elicits similar replies by putting the contrary
case.

Thus, still qqestioning, Gotama points out
how, whereas when a mare is united with an
ass, the offspring is a mule, different from both
father and mother, the union of a Kshatriya
and a Brahman or vice versa results in offspring
which resembles both the parents.

Einally, Gotama asks the young Brahman
scholar : " To which of two brothers, one an
initiated student, and the other not, the Brah-
mans themselves would, on sacred and solemn
occasions, give the precedence "? " To the ini-
tiated student," says Assalayana. " But if the
initiated student be of bad character, and evil
habits, and the other be of good character and
virtuous habits," rejoins Gotama, "to whom
then will the Brahmans themselves give the

CHAPTER V 361

precedence ? " To the uninitiated," is the reply.
" But in the former answer you yourself, Assa-
layana, " says the Master, " have given up the
pre-eminence of birth, and in the latter, the
pre-eminence of acquaintance with the sacred
words. And in doing so you yourself have
acknowledged that purity of all the castes
which I proclaim."

VII. Vasetthasutta (S. B. E., Vol. X, p.
108 ff).

A dialogue arose between two young men,
Bharadvaja and Yasettha, ' How does one be-
come a Brahman?' Bharadvaja said : "When
one is noble by birth on both sides, on the
mother's and on the father's side, of pure con-
ception up to the seventh generation of ances-
tors, not discarded and not reproached in point
of birth, in this way one is a Brahman. " Yasettha
said " When one is virtuous and endowed with
(holy) works, in this way he is a Brahman ."
Neither could convince his opponent and so
they agreed to refer the matter to Gautama
Buddha. The sum and substance of the latter's
reply was that ' not by birth is one a Brahman,
nor is one by birth no Brahman ; by work one
is a Brahman, by work one is no Brahman ; for
whoever amongst men lives by cow-keeping
he is a husbandman, not a Brahman, and who-
ever amongst men lives by performing .house-
hold ceremonials — he is a sacrificer, not a
46

862 CORPORATE LIFE

Brahman and so on ' . (The positive qualifica-
tions that make up a Brahman are narrated in
stanzas 27-54.) By a series of arguments
Gautama also refuted the notion that there was
a difiPerence of species between the castes.

VIII. In Kannakatbala Sutta (No. 90 of the
Majjhima Nikaya) the Buddha is represented
as saying :

" There are these four castes — Kshatriyas,
Brahmans, Vaisvas, and Sudras. Of these four
castes, two — the Kshatriyas and the Brahmans
are given precedence, to wit, in salutation,
homage, obeisance and due ministry." ^

IX. In the Madhura Sutta ^ Mahakach-
chana is asked the same question as was put to
Buddha in the Assalayana sutta. He replies
that it is mere empty words to give it out
among people that the Brahmans are the best
caste (etc.,^the whole question is repeated word
for word). The following five reasons are
assigned by him in support of his view.

{a) If prosperity attended a Kshatriya he
could engage in his service any Kshatriya,
Brahman, Vaisya and ^udra. Similarly any
rich man belonging to any of the other three
classes could employ a Kshatriya , Brahman,
Vaisya or Sudra and all of them would be

^ J. R. A. S., 1894, p. 341.

* For the text and translation of this Sutta see J. R. A. S. 1894,
p. 349 £E.

CHAPTER V 36S

equally zealous in the services of their master —
irrespective of the caste to which he belongs.

(b) A Kshatriya addicted to taking life,
given to rapine, licentious, lying, slanderous,
bitter of speech, frivolous of conversation,
covetous, malevolent, holding wrong views,
would pass after death to a state of suffering
punishment— so would a Brahman, a Yaisya and
a Sudra.

(c) A Kshatriya, who abstains from the
above vices would pass after death to a state of
happiness and to a celestial realm — so would a
Brahmana, Yaisya and a Sudra.

(d) A Kshatriya who breaks into houses or
loots or commits burglary, or becomes a high-
wayman or commits adultery, would be execut-
ed, or burnt, or exiled or dealt with according
to his deserts — so would be a Brahman, a
Vaisya and a Sudra.

(e) A Kshatriya, who becomes an ascetic
Avould be treated with respect by the public —
so would a Brahman, a Vaisya and a ^udra.

After thus showing that the caste cannot
affect in any way the material success in life,
the bliss and punishment hereafter, the judg-
ment of the law courts, and the uniform venera-
tion extended to the ascetics, Mahakachchana
winds up by saying : '* If the case be so, are
these four castes exactly equal, or not ? Or
how does it strike you ?"

iH how d

364 CORPORATE LlJbE

His royal interlocutor could only reply : — " Un-
doubtedly Kachchana, if the case be so, I per-
ceive no difference between them."

The Buddhist texts quoted above leave no

doubt that although the theo-
dhi^tTSureorfthe Yies about the equality of
iTteTyTem/^ '^' castes, and rational vicws about

higher and lower castes, were
not entirely absent, the practical distinction
between the Brahman, Kshatriya, Vais'ya, and
Sudra, was already well established, though it
was not as rigid as obtains at the present day.
The Brahman's rank was not a close one, as
No. V clearly contemplates the case of a Ksha-
triya becoming a Brahman.^ It is no doubt
true that a proud claim has been put up for
Kshatriya that nobody can belong to that caste
who was not born in it both on the father's and
mother's side. But when we remember the
distinct Kshatriya bias of the Buddhist writers,
it will probably be conceded that this had no
more real existence than the similar claims put
forward by the Brahmans. Besides, it is

* To what extent the discovery of the Buddhist texts has contri-
buted to the enlargement of our views may be measured by contrasting
the following statement made by Rhys Davids in 1881, about the
social condition of India at the rise of Buddhism, with his views on
the subject contained in ' Buddhist India,' Chap. IV. " Intermarriages
were no longer possible except between equal ranks. No Kshatriya
could any longer become a Brahman " (Hibbert Lectures, p. 24). The
texts quoted above unmistakably prove that the great Pali scholar was
undoubtedly in error. C/. J. R. A. S., 1894, p. 343 f. n., I.

CHAPTER V 365

hopelessly in conflict with the fundamental prin-
ciple preached by Buddha to the king of Kosala
(No. 1) :— " What matters the mother's birth ?
The birth of the father is the measure." It
appears quite clearly from this principle as well
as the texts cited above (I, III, V), that mar-
riage among different classes was in vogue,
although several passages in the Jatakas show
that marriage within one's own caste was pre-
ferred.^ One of the great signs of the caste
system is the restriction about taking food
touched bv others ; of this there is no evidence
in the Buddhist texts whatsoever, so far at
least as the upper classes are concerned. The
remarks of Fick, who has made a special study
of the Jatakas from this point of view, may
be quoted in full.

" If we remember that the Aryans always
attached great importance to the question of
food in all religious matters, that the commen-
sality has always been looked upon as the ex-
ternal mark for the community of blood, it
would appear that the principle of excluding
everything unclean from the common table was
an old one that was carried from the family to
the caste and there developed into a specially
rigid form. Yet we should not conceal the fact

^ C q^ ^R5nf^li^^r*nr^^' 1^ ') Jataka, III, 422 ; c/. also similar
expressions in Jataka I. 199 ; II. 121. 225 ; III. 93. 162 ; IV. 22. Of. also
the Introductory episodes to Asitabhu Jataka (II. 229) and Suvannaraiga
Jataka (III. 182). These instances are collected by Fick (pp. 34-35).

366 COKPORATE LIFE

that traces of the exclusion of lower persons
from partaking of food such as we observe in
India to-day occur but extremely rarely, if at
all, in the Jatakas."^

The only instance quoted by Fick is the
refusal of a Sakya chief to take food with a
slave girl (IV. 141 ff). The Jatakas no doubt
bear evidence to the fact that it was considered
a great sin for a Brahman to eat the remains of
a Chandala's food (Text No. IV a). They also
show that even the sight of a Chandala was
looked upon as impure (Text No. IV b), although
we are told in Mataiiga Jataka, that the mer-
chant's daughter who was offended by the sight
of the Chandala ultimately became his wife. It
must be remembered, however, that this excep-
tional rigour marks only the relation with
Chandala and there is absolutely nothing to show
that there was any restriction about food and
touch so far as regards the relations of other
classes, including the Sudras.

§ 6

The distinguishing feature of the period seems,
however, to have been the

The straggle between , ^ t* i i

the Kshatriyas and the strugglc for asccndcncy bc-

^^^^' tween the Kshatriyas and Brah-

mans (of. Texts V-IX). The Brahmanical texts

' Pick, pp. 29-30.

CHAPTER V 86?

are apt to lead to the inference that such
struggle nevei existed and that the Brahman's
claim for supremacy was all along an undisput-
ed fact.' The actuality of the contest for supre-
macy is, however, revealed hy some incidental
references in ancient texts, which have been
subjected to a careful analysis by Muir.^ He
had, however, to depend upon Brahmanical texts
alone which cannot be expected to reveal the
whole truth in an impartial manner. The other
side of the picture is depicted in the Buddhist
texts, where an undisputed supremacy is equally
claimed for the Kshatriya. This is evident from
the text No. V and the fact that the Buddhist
authors, in enumerating the four castes, invari-
ably mention the Kshatriya before the Brahman.
The Jaina texts fully corroborate the Buddhist
authors in this respect. Thus we read in Kalpa-
sutra,^ that it never has happened nor will happen
that Arhats, etc., should be born in low families,

mean families or Brahmanical families. In

consequence of Karman they might take the form
of an embryo in the womb of a woman belong-
ing to these families but they are never brought
forth by birth from such a womb — they are
removed to high and noble families. The Sakra
the chief of kings and Gods resolved therefore
to cause the venerable ascetic Mahavira to be

^ Cf. the texts quoted by Weber in Ind. Stud., X, pp. 27-41.

3 Muir, S. T., pp. 337-371.

^ S. B. E., Vol. XXII, pp. 225-226.

5fi8 CORPORATE LIFE

removed from the womb of the Brahmani
Devananda, and to be placed as an embryo in
the womb of the Kshatriyani Trisala.)

I have already admitted an amount of Ksha-
triya bias in the Buddhist writers and the same
might also be said of the Jaina authors. It
would therefore be as unfair to accept their
version without any reserve as to fully admit all
the Brahmanical pretensions recorded in their
own texts. On the other hand, the acknowledged
partiality of the Buddhist and Jaina authors
does not justify us in absolutely rejecting their
statements, for, on the same ground, the Brah-
manical texts must also be held to be unworthy
of any credence. Bather, the Buddhist and
Jaina authors stand in a more favourable light
in this respect. They were ascetics, living
outside the pale of society, and were not in any
way personally involved in the question of the
supremacy of caste. The Brahmanical writers
on the other hand were actually involved in the
contest for supremacy,^ upon the success or
failure of which depended, to a great extent,
their position in the world. Their version was
therefore liable to be more distorted and more
partial to their own claims. A comparison of

* Unless, of course, it be maintained that they too were hermits,
but of this there is not as good evidence as in the case of the Buddhist
and Jaina writers. But even if it be so, it merely proves the equality
of their claims to be heard ; it does not prove the supremacy of the
BrShmanical writers.

CHAPTP:R V 369

the two classes of texts thus leads to the infer-
ence that although both the Brahmans and the
Kshatriyas contended for supremacy, the claim
of none of them was universally recognised.
The Buddhist texts, though upholding the cause
of the Kshatriyas, never hide the real facts, and
Nos. V, VI, Vlir and IX broadly state the
claims put up by the Brahman. The Brahma-
nical texts, as a general rule, make no reference
to the superiority of the Kshatriyas, but some
unguarded passages here and there betray the
real position. Thus in Vajasaneya Samhita
(XXXVIII — 19), the Kshatriyas are mentioned
before the Brahman, while Kathaka 28, 5, clearly
states that the Kshatriya are superior to the
Brahmans.^ According to ^atapatha Brahman
* the Brahman followed in the train of a king '
(1.2.3.2) and ' he was an object of respect after
the king ' (V. 4. 2. 7). A contest for supremacy
between the Brahmans and the Kshatriyas is
hinted at in a passage in Aitareya Brahmana
(7. 22), and the enmity between the two is
clearly referred to in Panchavimsa Brahmana
18.10.8.^ Muir has also given in detail
" some legendary illustrations of the struggle
which no doubt occurred in the early ages
of Hindu history between the Brahmans
and Kshatriyas"'^

' Ind. Stud., X, p. 30.
a Ibid, p. 28.

3 Muir, S. T., Vol. I, p. 296 fE.
47

370 CORPORATE LIFE

The Buddhist texts quoted above, viz., the
Introductory episodes of the Jatakas and the
Sutta texts, may be referred to the fourth century
before Christ. It is quite clear therefore that at
this period the Brahmans, Kshatriyas, Vaisyas and
the Sudras had not yet developed into those close
corporations which we understand by the term
' caste.' One of its essential factors had indeed
gained theoretical recognition, viz., that the ' caste
of the father determined the caste of the child,'
but, as we have seen above, it was still possible
to pass from one caste into another. Then, the
marriage among different classes was still cur-
rent, and there was no restriction about taking
food, so far at least as the three higher classes
were concerned. Last, but not of the least im-
portance is the fact that the day of the undoubt-
ed supremacy of the Brahmans over all other
castes was not yet.

§7

The struggle for supremacy was however des-
tined to be over at no distant
onhrSmanr""^^ date. Gradually but steadily
the Brahmans asserted their
rights and prerogatives, till at last their pre-emi-
nence was above all dispute. We have no means
to determine the gradual stages of this evolution
as there is no independent testimony like that of
the Buddhist texts to check the Brahmanical

CHAPTER Y Sri

authorities. It may however he safely assumed,
that the decline of Buddhism and the revival of
Brahmanism under the Guptas set the final seal
to the supremacy of the Brahmans. Buddhism, as
we have seen, identified itself with the Kshatriya
claims and its contest with Brahmanism served
indirectly as a trial of strength between the two
contending parties. It is not possible at present
to trace the causes which led to the decline
of Buddhism, but down it went, and carried^
along with it the party with which it was associat-
ed, leaving the field to the triumphant victors.

A reminiscence of this struggle for supremacy
seems to have been preserved in Talagunda
Inscription of the 6th century A. D.^ We are
told that the Brahman Mavurasarman, the found-
er of the Kadamba dynasty w^ent to the city of
the Pallava lords, eager to study the whole sacred
lore. " There enraged by a fierce quarrel with a
Pallava horseman (he reflected): 'Alas, that in
this Kali age the Brahmans should be so much
feebler than the Kshatriyas ! Eor, if to one, who
has duly served his preceptor's family and ear-
nestly studied his branch of the Veda, the perfec-
tion in holiness depends on a king, what can there
be more painful than this ?' And so, with the hand
dexterous in grasping the Kusa grass, the fuel,
the stones, the ladle, the melted butter and the
oblation-vessel, he unsheathed a flaming sword,

^ Ep. Ind., VIIL, pp. 31, 34.

372 CORPORATE LIFE

eager to conquer the earth." The remaining
verses describe how he defeated the Pallava forces
and carved out a principality for himself.

The battle was won by the Brahmans and the
citadel fell into their hands.

Rigidity of the Brah- i i .i

manic corporations The ncxt movc was to make it

carried to perfection. . tit , . ,

impregnable by erecting strong
barriers around it. The means were within easy
reach. They had a corporation which could be
converted by a little modification into a rigid and
exclusive one, and they eagerly set themselves to
this task. The result is what we see to-day.
Marriage with other castes was positively forbid-
den and restrictions about food and touch com-
pleted the scheme. History once more repeated
itself. The same means by which the proud
Aryans erected a barrier between them and the
Madras were successfully handled by one class of
them to impose upon the rest a permanent brand
of inferiority which differed only in degree from
that which fell to the lot of the Sudras.

It is difficult to exactly determine the period
when this social exclusiveness of the Brahmans
was carried to perfection. Epigraphic evidences
seem to prove that the marriage between Brah-
mans and other castes took place even at a very
late period. Thus the Jodhpur Inscription of
Pratihara Bauka^ which belongs to the
latter half of the 9th century A. D. narrates that

^ J. R. A. S., 1894, p. 1 ff.

CHAPTER V 373

the Brahman Harichandra, the founder of the
family, had married two wives, one aBrahmani and
the other a Kshatriya. The issues of the former
became the Pratihara Brahmans, and those of the
latter, the Pratihara Kshatriyas. Whatever we
might think of this concrete case, it certainly
proves the prevalence of such mixed marriages
at the time when the inscription was composed;
for, no genealogist would have dared to explain
the origin of the family by a process which was
altogether obsolete in his days. This conclusion
is fully corroborated by the accounts of the Arab
traveller Ibn Khordadbeh who flourished in the
latter half of the 9th century A. D. and died
about 912 A. D. Speaking about Katariyas or
the Kshatriyas, he records that the daughters of
the class of Brahma {i.e. Brahmans) are not
given in marriage to the sons of this class, but
the Brahmas take their daughters/ In south
India, too, we find the same thing. The Tala-
gunda Pillar Inscription of Kakustha Yarman "^
which may be referred to about the first half of
the 6th century A. T>.^ proves that although
the Kadambas, to which family the ruler belong-
ed, were Brahmans, he married his daughter to
the Guptas. The Guptas were descended on the
mother's side from the Vratya Lichchhavis, and

^ Elliot's History of India, Vol. I, p. 16.

2 Ep. Ind., Vol. VIII, p. 24 ff.

3 Ihid, p. 31.

374 CORPORATE LIFE

yet we find that a ruler of the Kadamha family,
possessing Brahmanic pretensions to the fullest
degree, gave his daughter in marriage to them
against the strictest injunctions of the Sastras.'
Further, we learn from an inscription at Avani,
that even so late as the lOtli century A. D.,
Divalamha, horn of the Kadamha family was
the chief queen of a Nolamba chief.^ The
Nolamhas claimed descent from the Pallavas^
who are referred to as Kshatriyas in the Tala-
gunda inscription referred to above. These in-
stances may be held to indicate that the social
corporations of the Brahmans had not reached
the final stage of development before, at any rate,
the 10th century A. D.

I have already remarked that the corporation
of Brahmans was, from the very beginning,
subdivided into a number of minor corporations.
When learning, requisite for the functions
of priest, formed the basis of corporation,
the groups Avere formed according to the
special subjects of study. When birth took the
place of learning, there must have grown up dis-
tinctions based upon locality. Already in the
Jatakas we meet frequently with the term ' Ud-
ichcha Brahmaiia' and phrases conveying distinct
pride in birth in such a family.^ This was the

1 Ep. Ind., X, pp. 61-62.

"^ Hid, p. 57.

3 Jataka II, 82-fE, 438.ff.; 1.356, ff., 37l-£e.

CHAPTER V 375

forerunner of the later Kanauj, Gaud, Kanka-
nasth and Tailanga Brahmans. When minute
regulations were established regarding food and
marriage, it was inevitable that various other sub-
divisions would occur, based on the varying
degrees in which they were observed by the differ-
ent sections of the people. These various factors
have contributed towards the formation of innu-
merable Brahman corporations, and the individual
corporate character of each of them is so perfect
that it is not a little difficult to find out that they
all belong to one grand corporation. Senart rightly
observes : " Nous parlous couramment de la caste
brahmanique ; c'est les castes hrdhmamques qu'il
faudrait dire. Nous enveloppons dans un seul
terme generique des castes multiples qui ont
chacune leur individualite.^

§8
If even the Brahmans^ who formed, com-

Gradna'forn.ationof P^^ativcly Spcakiug, a mOrC Or

other social corpora- less definite £proup, couM thus

tions. o 1 5

give rise to so many sub- sections

' " We ordinarily speak of a Brahmanical caste, — we should
rather say, Brahmanical castes. We include in a gei.eral term a
multiplicity of castes each of which has its individuality." (Senart —
Castes, p. 139.)

* X^H Kshatriyas also must have been divided into similar groups,
but it is difficult to trace them at the present day. We have, however,
such expressions as * Brahma-Kshatriya, ' Karnata Kshatriya ' in the
inscriptions of the Sena kings of Bengal.

876

CORPORATE LIFE

which were practically so many castes except
in name, much more would we expect similar
results from the Vaisyas and the Sudras (including
the elements of population which were at first out-
side the sphere of Aryan influence but gradually
came within its fold).

I have already remarked that the Vaisyas
and the Sudras never formed any homogeneous
people. Distinct groups must have already existed
among them from the earliest period, and these
ultimately developed into classes or castes. The
Vedic literature ^ alone supplies the name of
a number of functional groups which correspond
to recognised castes of the present day. A few
of them may be quoted as types.

Functional groups recorded
in A'edic literature.'^

Modern Caste.

Occupation.

Karmara

Karmakara

Smith

Kulala

Kumar

Potter

Kaivarta

Kaivartta

Fisherman

Ganaka

Ganak

Astrologer

Gopala

Goala

Herdsman

Takshan, Tashtri

Sutar

Carpenter

Dhaivara

Dhivara

Fisherman

Napita

Napita

Barber

Malaga

Dhopi

Washerman

Vayitri

Tanti

Weaver

Surakara

Suri

Maker of sura

^ Specially c/. V. S., XVI, XXX.

* The list is compiled from V. I., 11, pp. 585-6-

CHAPTER V 377

It can be generally inferred that many of
these had developed into recoff-

The different factors . . -, , . , ,

that contributed to- nised classes evon during the

wards their formation. __ , , . , _,, , . , •,

Vedic period. This is shown by
such patronymic forms as Dhaivara, descendant
of a dhlvara. We have already seen that many
of them such as the smiths, the potters, the herds-
men, the carpenters and the weavers had their
own guild organisations. There can be scarcely
any doubt that these industrial organisations had
ultimately developed into social corporations.^

The ethnic factor also played an important
part in the same direction. The Nishadas, for
example, who are frequently mentioned as an
important tribe in the Vedic literature (V. I. 1.
454) are referred to as a social corporation in
Manusamhita (X. 8). The tendency of the politi-
cal corporations to be gradually developed into
social ones is best shown by the example of the
Sakyas of Kapilavastu, who formulated distinct
rules about food and marriage {cf. Introduction
to Bhaddasala Jataka IV. 145). It is possibly in
similar ways that the Lichchhavis were ultimately
turned into social corporations, for they are
undoubtedly mentioned as such in Manu (X. 22).
The examples of the Gosai and Bairagi of the
present day show further that the religious orga-
nisations, too, contributed to the increase of social
corporations.

Cf. Oldenberg in Z. D. M. G., Vol. 51, p. 289.

878 CORPORATE LIFE

It may thus be held that the vast number of
social corporations of the present day were
recruited from all sorts of corporate organisations,
such as industrial, tribal, political, and religious.
It is impossible at present to trace each of the
existing castes to one or other of the above orga-
nisations, and it would be an equally hopeless task
to attempt to determine, even approximately, the
period when they had developed as such from
some pre-existing organisations.

A passage ^ in Vinaya Pitaka indicates in a
general way the period when, and the manner

ft«n ^w sTifcT ^'^^ 5nf?T t^n^TfcT %'sn^5nfci T^^^c^ni^ g^^^^nfcr,
^w ft^n snn 5iTf^ I ^^3T ^w 5nf?T ^ort^^^nf^ ^Twii^nf?!, q^i
53^31 ^w m\Tr{ I * * *

«T^^KfH^\ f m^Kf^^ ^^^^Cf€^* ^^^^Rf^^* sT^TfqcTffl^' ^1 ^^

en qsi m^^^^ '^^i^ ^r^t^^ ft^cr qfr^rr 'sif^f^^ct, qcr fH -s\w

^ST^oim ^ft^cT ^qf^ij"^ f^f^^^ qc< 'BWl^ ^W f^^' l'' Similarly we
have " ^^ ^n*! ^i^* ^t^3«ti««««' H^qi^^^^^ ^^'...^3^2 3 'fl'l ^'W'^f%
^f%Wl 'ft'C^l l" Vinaya Pitaka (IV. p. 6, ff. Satta-vibhanga
PSchittiya, 11. 2). Oldenberg observes on this passage as follows : —

'• No suggestion is made that there are other cases of jati which
can be regarded as high or low,— any such possibility even is expressly
repudiated ; wherefore naturally the existence of intermediate jati,
between the high and the low, cannot be denied. (Z. D. M. G., Vol.
LI, p. 281.)

The existence of the 'middle caste' which Oldenberg here contem-
plates, evidently to save his theory that the Vaisyas and Sudras were
also well formed castes in those days, is doubtful. The Sudras, had
they really formed a definite caste like the examples given, must have

CHAPTER Y 379

in which this metamorphosis gradually took
place. It tells us that a man may revile another
in ten ways, such as by his ' caste,' ' name,'
' occupation,' * industry,' etc. It then specifies
each of the above ten categories, saying, these
are the low castes, names, occupations, etc.,
these are the high castes, names, occupations,
etc. In all cases except that of caste, it actually
names a few specimens of high and low occupa-
tions, industries, etc., and then adds *' and others
which are regarded as high or low in other
countries." In the case of caste we are simply
told, *'Low castes such as Chandala, Vena,

been mentioned among ' hinajati, and the krishi Vatiijya and gorakskd *
which are the proper functions of Vaisyas, would not have been
relegated to the category of karmma if the latter really formed a
distinct caste. Besides, it is hard to draw a line between the middle and
the higher or the lower caste. In any case it is certain that in different
parts of the country many of them would be recognised as the one
or the other, and the saving clause which we find in connection with
gotta, kamma, sippa, etc, would also have occurred in the case of the
jdti if any such middle caste really existed. It is true that the
Buddhist texts mention the four classes, BrShman, Kshatriya, Vaisya,
and Siidra — but then it should more properly be taken as generic names
used for the sake of convenience. It would have been highly incon-
venient, if not impossible, if one had to mention in detail, Vena,
RathakSra, Pukkusa and other motley groups, every time he had
to refer to general divisions of people. If Vaisya and Siidra are not
supposed to have comprehended all the different elements of popula-
tion except the Brahmao and Kshatriya, Buddha's conclusion about
the equality of castes in, e.g., AssalSyana Sutta, must be supposed to have
left out of consideration a number of them. This is impossible from
the very nature of the case, wherefore we must take it, that while the
Buddhist texts follow the Brahmanical ones in mentioning Brfihman,
Kshatriya, Vaisya and Sudra, they merely take these terms in a
generic sense.

^80 CORPORATE LIFE

Nishada, Rathakara, and Pukkusa ; high castes
such as Kshatriyas and Brahmans." The signi-
ficant phrase " and others which are regarded
as high or low in other countries " is omitted
only in the case of caste, wherefore we must
conclude that the list, here given, of the high
and low jatis^ is exhaustive.

It will then follow from the above passage
in Vinaya Pitaka that only the Vena, Chandala,
Nishada and Rathakara have come to form
real caste groups while the leather- workers,
potters and other groups of handiworkmen who
are included in the categories of industry and
occupation have not yet undergone the change.
Their sippa (handicraft), not jati, is still their
distinguishing factor. As the Vinaya texts, from
which the above quotation has been made,
have been generally referred to the 4th century
B. C. we may safely conclude that the metamor-
phosis of the ethnic (like Nishada and Pukkusa)
and industrial (Rathakara, Vena, etc.) groups into
social corporations had indeed actually begun,
but not made much progress, by that time.

§9

The gradual formation of these castes was

incompatible with the Brahmanical theory that

. the Brahman, Kshatriya,

The theory of ^- ' "^ '

'mixed caste.' Vaisya and Sudra were the

four castes into which the society was divided.

II

CHAPTER V 381

The existence of these new castes could not be
ignored while, on the other hand, the Brahmans
could hardly modify the orthodox theory without
stultifying themselves. Evidently something
was to be done which would preserve their
theory intact and at the same time take into
consideration these new factors in society.

The means by which they have sought to
achieve this end is the theory of ' mixed caste '
which explains the origin of every caste other
than the four recognised ones by a system of
cross-breeding. The theory is met with in the
earliest Dharma-sutras^ and its full development
may be noticed in Manu.^ It would be an
insult to the intelligence of my readers if I stop
to explain the absurdity of the whole thing.
It lies on its very face and he who runs may
read it. Senart rightly observes : " L'explica-
tion des castes melees n'a jamais pu faire
illusion a personne. Des impossibilit6s flagrantes
la jugent."'^ Jolly also remarks to the same
effect : " Am deutlichsten tragt das System der
Mischkasten {samkara jati) den stempel der
Kixnstlichkeit an der stirn."*

^ Ga. IV. 16 ff.
» M. X. 8-£f.

3 " The explanation of the mixed caste could never deceive
anybody. The utter impossibility of the thing is enough to condemn it»"
(Senart — Castes, p. 121.)

The system of mixed caste bears most clearly the stamp of
artificiality on the very face of it."

(Z. D. M. G., Vol. L, p. 507.),

^K artificia

38^ CORPORATE LIFE

But although the theory is absurd, and the
system artificial to the extreme, it is not without
The historical im- great historical importance. It
port^nce of the theory, clearly indicates in the first
place, that the division of the Aryan Society
into four castes was, from the very beginning,
a theoretical one ; that the terms Vaisyas and
Sudras comprehended a number of more or less
distinct groups of people which ultimately came
to possess almost all the characteristics of the
' caste.' Secondly, it shows the anxious desire
on the part of the Brahmanical authors to
extend the social system they had developed to
all the varied elements of population in
India.^

This later phase of the question deserves

more than a passing notice, specially as it

explains to some extent the

Outside influence p i • ^

upon the development gradual cvolution of the mdus-
trial and various other groups
into social corporations. It has often been
asserted that the caste system was a natural
evolution from within. A full consideration of
the whole circumstances seems to show, however,
that this statement requires to be qualified a
great deal. Apart from the corporate instincts
and the general trend of Indian intellect to
introduce regular symmetry in every department
of life, at least two powerful active elements

^ Cf. Oldenberg'B views in Z. D. M. G., Vol. LI, p. 277.

CHAPTER V 383

may be distinguished, which have contributed
towards the development of these innumerable
social corporations. These may be broadly
classified as religious and political.

The Brahmanical texts are never tired of
dilating upon the merits to be acquired by fol-
(0 Religious propa- lo^^^i^g the dutics of one's_own
s^^^^- caste. Thus we find in Apas-

tamba^ : ''In successive births men of the lower
castes are born in the next higher one, if they have
fulfilled their duties " ; also in Gautama^ : "(Men
of) the (several) castes and orders w^ho always
live according to their duty enjoy after death

the rewards of their works, etc " Kautilya^

lays down that 'the observance of one's own caste
duty leads one to heaven and infinite bliss,' while
according to Manu* the people "will reach the
most blessed state if they act according to the
duties of the four castes in times of distress."
On the other hand the Dharma-sastras predict, in
an equally positive manner, grave misfortunes,
in the life to come, for those who neglect the
duties of the ' caste.' " In successive births,"
says Apastamba,*^ " men of the higher castes are
born in ihe next lower one, if they neglect their

' Ap. II. 11. 10; also cf. Ap. II. 2-.3
^ Ga. XI. 29.

» ArthasSstra, Bk. I, Ch. HI. The word * Sva-dharma ' in the text
really means the duties of one's order (Caste).
* M., X. 130.
» Ap., II. il, 11,

884 CORPORATE LIFE

duties '' ; while according to Manu ^ a Brah-
man, Kshatriya, Vaisya and a Sudra hecome
respectively, for neglecting the duties of
the • caste,' an Ulkamukha Preta who feeds
on what has heen vomitted, a Kataputana
Preta who eats impure suhstances and
corpses, a Maitrakshajyotika Preta who feeds
on pus, and a Kailasaka Preta who feeds
on moths.

iThe BrahmanSj^Jiowever, did not rely upon
,., „ ,.,. , , ,, these iniunctions alone for the

(«t) Political Autho- "^

rifcy. due preservation of caste lawsj

They armed the royal authority with specific
powers to enforce the samaj Thus Apastamba^
enjoins upon a king to punish those who have
transgressed the caste laws even by death. Gau-
tama ^ also authorises the king to punish such
persons. Kautilya* maintains that the king shall
never allow people to swerve from their caste
duties. Manu^ also lays down that "(The king)
should carefully compel Vaisyas and Sudras to
perform the work (prescribed) for them ; for if
those two (castes) swerved from their duties, they
would throw this (whole) world into confusion."
Similar injunctions are laid down also in Vishnu^

' M., XII. 71-72.

2 Ap., II. 10. 12-16 ; II. 11. 1-4; also c/. Ap., II. 27. 18.

s Ga., XI. 31.

* Arthasflstra, Bk. 1, Cbap. III.

» M., VIII. 418.

« v., Ill, 2.

CHAPTER V 885

and Yajnavalkya^ Sariihitas. The Sukrauiti, too,
states in the same strain : " Every caste should
practise the duties that have been mentioned as
belonging to it and that have been practised by
ancestors, and should otherwise be punished by
kings. "^ The execution of the Sudra Samvuka
by Rama, as described in Ramayana may be
cited as a typical instance. The Nasik cave
Inscription of Gautami Balasri also supplies a
concrete illustration of royal interference in
the caste regulations. There the list of king
Gautami-putra's virtues includes the fact
that *he stopped the contamination of the
four varnasP

[The caste regulations were thus enforced
upon the people by terror of punishments both
in this life as well as in the next. 1 No wonder
then, that unlike other corporations such as
political or industrial, the social corporations
have gradually attained more and more perfec-
tion and have subsisted down to our own tima^
The sacrosanct character attributed to the latter"^
readily explains not only its rapid extension
all over the country but also its enduring
tenacity and rigidity by means of which it
has long out-lived the Srenis or Ganas, although
all the three had their origin in the same
instincts.

^ Y., I. 360.
. 2 Ch. IV. sect. IV, 82-83. Translated by Babu Binoykumar Sarkar.
3 Bp. Ind., VIII, pp. 60-61.

49

386 CORPORATE LIFE

§ 10

We have now completed the history of that

Nature and organi- evolutioH which ultimately re-

sation of the social g^itgd in the division of Indian

corporation called ,

'«as<^e' people into a number of more

or less close and rigid social corporations. It only
remains for me to add a few words regarding the
nature and organisation of these corporations.

The nature of these corporations is now a
matter of general knowledge and there are
reasons to believe that things have not changed
much, except in the lax observation of rules in
recent days. The basis of the corporation was
the tie of birth and its chief binding factors
were a number of prescribed regulations chiefly
regarding food, marriage and intercourse with
the rest of the community, the violation of which
brought punishment upon the offender, varying,
in degrees, according to the measure of the guilt,
from slight expiatory ceremonies up to expulsion
from the corporation. As many of these cor-
porations evolved out of industrial groups, dis-
tinctive occupations also have come to be looked
upon as belonging to their very

Birth, not occupa- tj • • ••! i

tion the basis of these naturc. It IS permissible to

corporations. 11,1 1 .i it

doubt, however, whether they
ever formed a binding factor, far less the basis,
of these social corporations. In other words,
it is probable, that, as in the present day, a man

CHAPTER V 387

might cease to follow the distinctive profession
of his caste, or even adopt other professions, but
would not have thereby lost his caste. He would
continue to belong to it so long as he followed
the prescribed regulations alluded to above. On
the other hand he would not be absolved from
the guilt of violating these by consideration of
the fact that he faithfully performed his here-
ditary occupation. This is proved by the oft-
quoted passages in Manu (III. 151 ff.) which
show that even the highest caste was quite
indifferent to this aspect of the system ; so much
so, that the Brahmans followed even such occu-
pations as, maintaining shops, selling meats,
lending money, tending cattle, and acting in a
theatre, and still retained their castes. It
does not appear that they were even looked
upon as involving any guilt, for they are not in-
cluded in the long list of offences involving
expiatory ceremonies^ (M. XI. 1-71). It is also
ordained in Manu that one who is unable to
subsist by the peculiar occupations of his caste
may follow those ordained for the lower ones.
Thus a Brahman could follow the occupations of
a Kshatriya and Vaisya, the Kshatriya, those of
a Vaisya, and the latter, those of a Sudra, while
a Sudra might, under similar circumstances,

1 It is indeed ordained in M., X. 92, that by (selling) flesh a Brah-
man at once becomes an out-cast ; but this rule can hardly be said to
have been practically enforced in view of M., III. 153.

388 CORPORATE LIFE

maintain himself by handicrafts.^ These certainly
point to a mobility of industry and occupation
which is hardly compatible with the idea
that the latter formed the basis or even a
binding factor of the social corporations. Al-
though it cannot be denied that they maintained,
to a great extent, a fixity of occupation among
a certain group of people, this characteristic is
to be attributed, not to the social corporations
as such, but to the primitive industrial organi-
sations out of which they arose.

^he ancient Dharmasastras associate the
' castes ' with other corporations.^ The organi-
sation of these social corporations seems to have
been modelled on the same plan as was adopted
by other corporations, the guilds for example.^
The subject has been fully dealt with in connec-
tion with the latter and need not be repeated
here. The Gautama Dharmasutra (XI. 20) and
Manu (VIII. 41. 46) refer to the authoritative
nature of the regulations lajd down by the castes.
They served as one of the regular courts in the
kingdom for the trial of offenders in the first
instance^ and a sacred character is also attri-
buted to this class of corporation in the verse
quoted on p. 43 (foot-note 2).

» M., X. 81-83, 98-99.

2 This is specially noticeable in Y., I. 361 " l^lf^T 5n<ft: ^'fN
^m^ ^HM'^i ^«n"— r/. also Ga., XI; M., VIII. 41. 219-221.

3 See quotations on p. 63. The Word ' Kula ' used in these
passages means only a subsection of caste.

CHAPTER V 389

The most interesting thing, however, in this
connection is the fact, that we have, even at the
present day, reminiscence of the old organisation.
There is still the chief, the executive council, the
assembly, and the legal validity of the jurisdic-
tion exercised by each of them. A very inter-
esting account of this organisation, as it obtains
at present, has been furnished by Senart,^ and
any one who goes through it cannot fail to be
struck with the similarity it displays to the
organisation of corporations in ancient India,
such as I have tried to depict in Chapter I.

§ 11

Besides the formation of caste-groups, the

corporate activity was mani-

other forms of cor- f estcd iu various othcr ways in

porate activity in *^

social life. social life. As it is not in

keeping with the purpose of this
work to describe each of them in detail, I shall
merely refer to a few representative specimens.

First, in the matter of education, corporate
activity was manifest everywhere from the big
establishments like Nalanda University down
to the humblest institution in a village. Thus
we read in Losaka Jataka
^^ Bdncationai institu. (j^ 234) how the villagers

appointed a teacher by paying
his expenses and giving him a hut to live in.

^ Senart—Caste, pp. 73, 83 ; cf. also p. 86 above.

390 CORPORATE LIFE

Similarly, in towns like Benares and Taxila,
there were big establishments, mostly main-
tained by public co-operation. Thus we read
in the same Jataka that the Bodhisatta was a
teacher of world-wide fame at Benares with
five hundred young Brahmans to teach. " In
those times the Benares folk used to give day
by day commons of food to poor lads and had
them taught free." A very good example of the
public co-operation as well as the corporate
character of the institution itself is furnished
by Tittira Jataka (III. 537). We read that
" a world-renowned professor at Benares gave
instruction in science to five hundred young
Brahmins. One day he thought : " So long as
I dwell here, I meet with hindrances to the
religious life, and my pupils are not perfected
in their studies. I will retire into a forest home
on the slopes of the Himalayas and carry on my
teachings there." He told his pupils, and, bid-
ding them bring sesame, husked rice, oil, gar-
ments and such like, he went into the forest and
building a hut of leaves took up his abode close
by the highway. His pupils too each built a hut
for himself. Their kinsfolk sent rice and like, and
the natives of the country saying, " A famous
professor, they say, is living in such and such a
place in the forest, and giving lessons in science,"
brought presents of rice, and the foresters also
ofPered their gifts, while a certain man gave a

I

CHAPTER V 891

milch cow and a calf, to supply them with
milk." Similar corporate educational institu-
tions are frequently referred to in the Jatakas,
e.g., in IV. 391 ; I. 317, ^02, M7, 463, 510 ; III.
122 ; II. 48 ; y. 128, 457. The first two of these
instances clearly prove that the students had a
common mess and lived as an organised corporate
body under the teacher, while the last three
examples show that these institutions were partly
maintained by honorariums paid by the sons of
wealthy members of the society. It is worthy
of note that not only religious treatises like
the Vedas, but various secular arts and sciences
were also subjects of study in these centres of
education.^

The account of the Jatakas is in entire agree-
ment with the information supplied by the
Brahmanical texts. The rules and regulations
about the life of a student in his teacher's house,
as laid down in the ancient Dharmasastras, fully
harmonise with the corporate character of the
educational institutions as deduced from the
Jataka stories.

There can be scarcely any doubt that insti-
tutions like the University of Nalanda had
developed out of the system depicted in the
Tittira Jataka. Their origin is probably to be
referred to a very ancient period. The Brihad-
aranyakopanishad refers to the ' Samiti of the

1 Fick, p. 130 ff. ; J. A. S. B., 1916, p. 17 fE,

39^ CORPORATE LIFil

Panchalas' and the context proves that it Avas
an educational institution.

Erom the age of the Upanishads down to the
destruction of Nalanda and Vikramasila, many-
other universities had flourished in India, but
unfortunately we know very little of them.

Reference has already been made^ to vast
educational establishments in South India, and
such examples are by no means rare. But the
crest-jewel of Indian educational institutions
was the university at Nalanda of which we
possess a somewhat detailed account from the
writings of contemporary Chinese pilgrims.^

This great corporation with ten thousand
members may justly be looked upon as one of
the best specimens in the field of education, and
one of the most fruitful achievements of the
corporate instincts of the ancient Indian people.

The same instincts are also observable in

lighter things, such as amuse-

ciQb-houses, social nieut and merry-makins^, even

garherings, etc. •^ ~'

from the remotest antiquity.
Zimmer^ has shown how the Sabha in Vedic
period served as the modern club-houses after
the serious business was over. In the post-Vedic
period we come across an institution called

1 Pp. 200 &. above.

^ Life of Hiuen-Tsiang translated by Beal, pp. 105-113, c/., also
Weitters— Od Yuanchwang, Vol. II, pp. 164-169 ; I-tsing's account tran-
slated by J. Takakusu, pp. 65, 86, 145, 154, 177-78.

3 A. L., p. 172 £f.

der:

CHAPTER V 393

*Samaja' or 'Samajja' which seems to have
served similar functions. It is clear from Chnlla-
vagga V. 2. 6, and Sigalovada Suttanta/ that
hesides dancing, singing and music, something
like a dramatic performance {ahhhana)^ and
acrobatic and magical feats were included in the
programme of these popular institutions. That
these were regularly held at some definite places
follow quite clearly from some passages in
Jaina^ and Brahmanical texts.*

These social gatherings were known in later
times as ' Goshthi,'^ which has been described
in some detail by Yatsyayana.^ This resembled
very much the modern institution called club.
It took place in a definite house where people
used to meet in the evening to amuse themselves
with music, dancing, drinking, and various
discourses on literature and arts. Sometimes
there were garden parties and drinking bout in
a member's residence. These institutions were

1 Grimblofc's ' Sept Suttas Palis,' p. 300,

2 0/. Buddhist India, p. 185.

* ' Samaja ' is included in the list of places which a Jaina monk is
permitted to visit (Jacobi, Jaina Sutras, II, p. 177).

* BhTshma includes ' Samaja ' in the list of localities where a
foreign spy is to be looked for. ( Santiparva, ch. 69, v. 11.)

5 Amarakosha gives ' Saraajya ' as one of the synonyms of GoshthT.
This seems to be the Sanskrit form of Pali ' Samajja' Thus Goshthi
represents the ' Samajjas ' of the Pali books in more than one sense.
The popular character of these institutions is quite apparent from the
derivations of tho two words. Thus according to Kshlrasvamin

0 KamasStra, Chap. IV, p. 47 ff. (Chowkhamba Edition).

50

394 CORPORATE LIFil

apparently meant for healthy amusement and
relaxation, and care was taken that they may
not be converted into too learned or vulgar
assemblies. This is quite clear from the
following :

The next verse shows that due safeguards
were taken to prevent them from being reduced
to centres of jealousy or hatred.

It appears from the use cf the word
^ift^fM^ that the more respectable Goshthis,
like the modern clubs, laid down rules and
regulations for the guidance of members.

There was another aspect of these institutions.
Vatsyayana advises the villagers to start a
' Goshthi, in imitation of the citizens, so that they
might not only amuse the people (by music,
dramatic performances, etc.), but also assist
them in their undertakings, and render various
other benefits to them.^ It is apparent, there-
fore, that the corporate character of the insti-
tution was also utilised for various services of
public utility.

(p. 57).

CHAPTER V 395

Indeed this was an important feature of the
corporate life in ancient India.

Social service. •"■

The passages quoted above
(pp. 140-41) from Arthasastra clearly indicate
how men in those days were in the habit of
doing work for the common good. The following
account of the activity of thirty villagers
under the guidance of Bodhisatta may be
looked upon as a typical illustration of the
spirit which characterised the people of ancient
India.

" These thirty men were led by the Bodhisatta
to become like-minded with himself ; he estab-
lished them in the Five Commandments, and
thenceforth used to go about with them doing
good works. And they, too, doing good works,
always in the Bodhisatta's company, used to get
up early and sally forth, with razors and axes
and clubs in their hands. With their clubs they
used to roll out of the way all stones that lay on
the four highways and other roads of the village ;
the trees that would strike against the axles of
chariots, they cut down ; rough places they made
smooth ; causeways they built ; dug water tanks
and built a hall; they showed charity and
kept the Commandments. In this wise did
the body of the villagers generally abide
by the Bodhisatta's teachings and keep the
Commandments."^

» Jat., Vol. I. p. 199.

896 CORPORATE LIFE

In course of the story we are told that the
men built a large public hall and wanted a
pinnacle to put on it. They found it in the
possession of a lady, but could not buy it of her
for any money. " If you will make me a
partner in the good work," said she, " I will
give it you for nothing." Consenting, they took
the pinnacle and completed their hall.

This episode exhibits more vividly than
anything else the corporate feelings which
inspired men and women alike in ancient India.

BIBLIOGRAPHIC INDEX

Abhandlungen der Bayer. Akad. der W.

218

Aitareya Brahmana

... 15, 218, 337ff, 369

Aiyangar, S. K.

182

Amarakosha

393

Ambattha Sutta

... 357

Apastamba

6, 9, 339, 347ff, 383ff

Archaeological Survey of India, Annual Report, ... 43, 45

Arthasastra ... 7, 8, 25, 27ff, 73ff, 85, 127, 139ff,

149, 155, 249£E, 383£f, 395
Assalayana Sutta, ... ... ... 358, 362

Atharvaveda ... 15, 98, lOOff, 104, 116ff, 217, 220

Atri ... ... ... ... ... 349

A^thakathS, ... ... ... 233,258

Aufrecht ... ... ... ... ... 330

Avadana Sataka ... ... ... ... 223

Avesta ... ... ... ... ... 217

Ayaramga Sutta ... ... ... ... 223

Banerji, R.D. ... .... ... ... 277

^asak, E.G. ... ... ... ... 64

Baudhayana, ... ... ... ... 6, 7, 9

Beal— Life of Hiuen-Tsiang ... ... ... 392

Benfey ... ... ... ... ... 330

Bergny ... ... ... ... ... 279

BliaTiiati ... ... ... ... ... 47

398 BIBLIOGRAPHIC INDEX

PAGE.

Bhandarkar, D. R. ... 28, 44, 216, 221, 235, 238, 240, 275

Bhandarkar, Sir B.G. .. ... ... 7, 272, 274fiE.

Bhfigu
Bloch

Bloomfield

Bombay Gazeteer

Brahmanas

Bfihad-Aranyak-opamshad

Brihaspati ... 6, 9, 46ff, 51 £E, 63ff,

Brihat SaAhita

Bdhler

349

45

... 98, 119

8

6

7, 12, 16, 391

74, 76fE, 154fE

278, 281

7, 36, 37. 48

Carlleyle ... ... ... ... 273,280,281

Chanda, Ratnaprasad ... ... ... ... 223

Chandesvara ... ... ... 51, 55, 57, 78

ChhSndogya Upanishad .. ... ... 117,118

Chullavagga ... 82, 138, 244ff, 299, 302, 312ff, 393

Cunningham ... ... ... 36, 269, 273, 277ff

Davids, Rhys ... ... 3, 8, 139, 215, 224, 234fE, 238

Davids, Mrs. Rhys ... ... ... ... 80,84

Dharmasastras ... 6, 32, 39, 142fif, 148ff, 154, ,383, 388, 391

Dharmasutras ... ... ... 6, 24, 142ff, 381

Dighanikaya ... ... 112,357

Diodorus ... ... ... ... ... 129

Elliot's History of India ... ... ... 373

Fick ... ... 4, 8, 20, 21, 80, 83, 246, 365,, 366

Fleet ... ... ... ... 48,153,275

BIBLIOGRAPHIC INDEX 399

PAGE.
Gautama ... 6. 7, 9, 16, 18, 24, 33, 83, 84, 142, 152fE, 348,

349, 352fE, 383ff, 388
Geldner ... ... ... ... 98,104,330

Gobhila ... ... ... ... ... 341

Grimblot ... ... ... ... ... 393

Gundert. Dr. ... ... ... .. ... 95

Harivarhsa ... ... ... ... ..• 43

Harshacharita ... ... ... ••. 280

Haug ... . ... ... ... ... 330

Hillebrandt ... ... ... ... 117, 123

Hiuen-Tsiang ... ... ... ... 112,392

Hopkins ... ... ... ... ... 3, 8

Hultzsch ... ... ... ... ... 196

Inscriptions —

Alangadi

185, 191

Allahabad Pillar

230,270ff,276

Amaravati

145

Ambasamudram

195,214

Avani

374

Baligami

90

Basinikonda

90

Bel gaum

87

Bhattiprolu Casket ...

145, 156

Bhita Seal

144, 146

Bijaygaglh Pillar

230, 270, 276

Brahmadesara

178

Burmese

90

Ceylon

90

Chola

161, 168, 178, 189ff, 195, 197, 199, 214

Cochin

95

DSmodarpur

64

400

BIBLIOGRAPHIC INDEX

DeopSrS

EdayarpSkkam

Girnar

Gapta

Gwalior

Haraha

Hoysala Vira Vallala

Indor

Jagadekatnalla II

Jatavarman Vira Pandya

Jodhpur

Junnar

Kamarasavalli

Kanarese ....

Karitalai

Kasakudi

Kattur

Khalimpur

Korukkai

Kottayam

Krishna II

Kudummiyamalai

Kulasekharadeva

Kulottunga I

Kumbhakonatn

Lakshtneshwar

Madakasira

Managoli

Manalikkarai ...

Mandasor

Mannr

Marudadu

MasuHpatam

Mathura

Mulgund

Nasik

Nattam

Nidagundi

Pallava

Pa^dya

PAGK.

71

198

112, 269ff

52

44, 155

70

208

65

88

87

372

... 36, 52

207

88

70

113, 213

... 90, 91

112

94

... 95, 96

165

207

184

177

205

... 85, 165

204

88, 166, 208

163, 192

30, 52, 66

161

205

169, 214

145

86

34, 35, 145, 273, 385

169

87

207

183, 209, 214

BIBLIOGRAPHIC INDEX 401

PAGE.

Parftntaka I ... ... ... ... 208

Pehoa ... ... ... ... 70

Polannaruwa ... ... ... .. 32

Kajadhiraja ... ... ... ... 86, 184

Rajakesarivarinan ... ... ... ... 152

Kajaraja Chola ... 31,168,180,197,198,213,214

RSjarajalll. ... ... ... ... 184

Rajeudra Chola ... ... ... 31, 89, 200, '.208

Sauchi ... ... ... ... 37, 145

Siyacloni .., ... ... ... 70, 147

South Indian ... ... ... 15 Iff, 156ff

Sundara Pandya ... ... ... ... 209

Talagunda ... .... ... 371, 373ff

Tamil" ... ... 86,91,164,195,210

Tirukkalakkudi ... ... ... ... 210

Tirukkovalur ... ... ... ... 196

Tirnuialpuram ... ... ... ... 181

Tirumeyfianani ... ... ... ... 205

Tiruniukkudal ... ... ... ... 161

Tiruiiiuruganpundi ... ... ... ... 88

Tirunamanallixr ... ... ... ... 196

Tirupattur ... ... ... ... 206

Tiruvarangulani ... ... ... ... 211

Tiruvallam ... ... ... ... 180

Trailokyamalla ... ... ... ... 165

Travaucore ... ... ... 132, 182, 183

Tribhuvanamalla ... ... ... 164,166,213

Trichinopoly ... ... ... ... 92, 188

Udayeudiram ... ... ... 211, 212

Ukkal ... 157, 167, 180, 182, 185, 186ff, 194, 214

Uttaramallur ... ... ... 169, 182, 188

Ufctattur ... ... .-.. ... 92

Vaisali Seal ... ... ... ... 146

Vaillabhatta 8 vaniin Temple ... ... 52,68,146

Vikrama Chola ... ... ... ... 194

Vikramaditya VI ... ... ... ... 86, 164

Vira Rajendra ... ... ... ... 182

Vriddhachalam ... ... ... ... 93

Yewur ... ... ... ... 87

It.Sing ... ... ... ... ... 392

402 BIBLIOGRAPHIC INDEX

PAGE.

Jacobi ... ... ... ... ... 393

Jatakas ... 8, 9, 13, 14, 20ff, 45, 71, 73, 80ff, 83£f, 155, 227,

228, 231, 236, 355, 365, 370, 374, 391

Asitftbhu ... ... ... ... 365

BSveru ... ... ... ... ... 72

Bhaddasala ... ... 227, 235, 237, 355, 377

Chitta-sambhiita ... ... ... ... 356

Chulla-Kalinga ... ... ... 227,228

Chullaka-setthi ... .. ... ... 71

Ekapanna ... ... ... 227,229,239

Gahapati ... ... ... ... 137

Guttila ... ... 81

JarudapSna ... ... ... ... 13, 81

Kharassara ... ... ... 135, 1.54

KulSvaka ... ... ... 136, 147ff, 154

Kumasapinda ... ... ... ... 356

Kunala ... ... ... ... 236

Kutavanija, No. I ... ... ... ... 72,75

Kutavanija, No. II ... ... ... ... 72

Losaka ... ... ... ... 389

Mahavanija ... ... ... ... 72

Matapga ... ... ... 356ff, 366

Mugapakkha ... ... ... ... 18

Pafichagaru ... '" ... ... 107

Pandara ... ... ... ... 81

Paniya ... ... ... ... 137

Samuddavayija ... ... ... ... 22, 237

Satadharama ... ... ... ... 356

Sattigumba ... ... ... ... 13

Suhanu ... ... ... ... 72

Supparaka ... ... ... ... 81

Suvannamiga " ... ... ... ... 365

Telapatta ... ... ... ... 107

Tittira ... ... ... 390, 391

Ubhatobha^ba ... ... ... ... 137

Uddalaka ... ... ... ... 356

ValShassa ... ... ... ... 80

Jayaswal, K. P. ... 3, 7, 216, 218, 219, 240, 243, 257

Jolly ... ... ... ... 4,7,47,51,381

BIBLIOCxRAPHIC INDEX

403

Kaegi

Kalpasutra
Kamasutra

Kanakasabha i , V

Kannakathala Sutta

KasikS

Kathaka

Katyayana (Dharma-oastra)

Katyayana (^rauta-Sutra)

KausitakT

Kautilya (See Arthasastra)

Keith, A.B.

Kern

Kriste

Kshlrasvamin

Kullukabhatta

PAGE.

330

231, 367
393

130

362

138, 222

336, 369

6, 50, 55, 571f, 223, 231

338

15, 98, lOOff, USff, 334, 336ff, 339, 341

. 8, 219

306, 330

7

393

33

LatySyana Siitra

Liiders

Ludwig

336

... 36,37

14, 134, 330

M

Macdotiell
Madhnra Sutta
Madhyamikayaa
M ahabhfirata . . .

Mah3parinibb&na Sutta

Mahavagga

MahSvamsa

Mahidhara

Maisey

MaitrSyaniya Samhita

Majjhima Nikaya

Manu Smriti ...

... 7,330

... ■ ... 362

281

7, 29, 42, 107, llOff, 128fif, 257, 259,

266ff, 281, 352

224, 228

... 82, 105, 231, 241ff, 244ff, 311

107

134

34

3.36

358,362

6, 7, 9, 33, 41, 141ff, 149, 333, 353ff,

377. 381,383,384, 387

404

BIBLIOGRAPHIC INDEX

Markandeya PurSna!
Marshall, Sir John
Medhatithi
Megasthenes
Mitramisra]
Modern Review
Mookerji, R. K.
Muir
Miiller, M.

PAGE.

278

144

33

156,245,246

40, 51,55fif

216, 218

15

220, 330, 337, 352, 367, 369

TX

NSrada

6, 9, 30, 41, 46, 49, 55, 61, 73ff, 78, 142,
144, 149, 155. 327

t

Oldenberg

3, 4, 139, 239, 336, 378

Paachavimsa Brahmana

Panini

Patanjali

Payyaniir Pattola

Pischel

Ptolemy

...15, 369

7, 138, 221ff, 268ff, 272, 277

281

... 95,96

36

279

Quint us Curt ins

247

Ramayana

Rapson

Recht nnd Sitte

"Rip^veda

Roth

7, 30, 107ff, 126, 3S5

269, 273, 277ff

6

14, 106, 123, I33ff, 216, 329ff

BIBLIOGRAPHIC INDEX

405

SarhhitSs

6ankaracharya

Satapatha Brahmana

Schroeder

Senart

Shamasastry, R.

Sigalovada Suttanta

Smith, V.

Spiegel

St. Petersbiirgh Dictionary

Strabo

Sukraniti

Suttas

Sutta VibhaiiL'a

15, 104ff, 117, 336,33a
4,330,375

2(59

PAGE.

6

12

344, 369

330

381, 389

251

393

273, 276

218

16

248

285, 385

89,-370

25

Taittiriya Sambita
Takaknsu

Taraporewala, I.J.S.
Thomas, Dr. F. W
Tripitaka

15, 336

392

218

274flf

354

VSchaspati Misra
Vajasaneya Sambita
Vasettha Sntta
Yasishtha
Vatsyayana
Vedic Index
Venkayya
Vijfianesvara
Vinaya Pitaka
VTramitrodaya
Vishnu Piuana
Vishnu Smj-iti
Vivadaratnakara

47

118,134,369

361

6, 7, 9, 143, 349

393

14ff, 98, 117, 135. 219

96

138, 142ff

8, 9, 25, 126, 138ff, 287, 378, 380

51, 138, 142, 223, 231

278, 279

.. 6, 33, 141, 142, 149, 349, 384

50, 51, 55, 57

406 BIBLIOGRAPHIC INDEX

W

PAGE.

Watterg ... ... ... 235, 392

Weber ... ... 4, 98, 330ff, 338, 341, 343, 346

Whitney ... ... ... ... ... 220

YajfSavalkya ... 6, 33, 39, 41, 49, 58, 74, 138, 142. 280ff, 327, 384
Yaska ... ... ... ... ... 14

Yasna ... ... ,« ... ... 218

Z. D. M. G. ... ... ... ... 4, 378, 381

ZimTner ... 97£f, 100, 115, 117, 133, 216fle, 219ff, 330, 392

GENERAL INDEX

PAGE.

Adhikarana ... ... ... ... 64

Africa, northern ... ... ... ... 14

Agrahara ... ... ... 153, 166, 178

Ajatasatru ... ... 225, 238£E, 250, 258, 265, 284

Anauda ... ... ... ... ... 225

Ajzvakas ... ... ... ... ... 287

Alderman ... ... ... ... ... 22

Ambat^ha ... ... ... ... • ... 357ff

Afijuvannam ... ... ... ... 95fiE

AparSjitas ... ... ... ... ... 328

Arabia ... ... ... ... ... 14

Arjunayanas ... ... ... 256, 270, 272, 275ff, 282ff

Arminius ... ... ... ... ... 217

Arrian ... • ... ... ... ... 246ff

Articles of Association ... ... ... ... 39

Artisans ... ... ... ... ... 17, 20

Aryans ... ... ... ' ... ... 14

Asoka ... ... ... ... ... 307

Assalayana ... ... ... ... ... 359ff

Assembly ... ... 113ff, 123fif, 147ff, 151£f, 156ff, 161,

164£E, 167ff, I79ff, 186fif. 212

Audumbaras ... ... ... ... 256, 277ff, 282

Avesani ... ... ... ... ... 36

Ayudhajivisamgha ... ... ... ... 222£E

408 GENERAL INDEX

Balanji ^

Bananja f

... 88ff, 96

Banafiji ^

Basarh

... 43, 45

BhanJagarika

23

Bharadvaja ...

361

Bhikkhu

... 290fE

Bhikkhunl ...

... 315ff

Blameless Five Handred

212

BrShmanas ... ... ... 5, 12,

13

, 128, 332, 334fE

Buddha ... 225fF, 238fF, 242ff, 253, 258,

286ff, 355, 357ff

Bhaggas

224

Bulls

224

Caste ... ... ..' ... 2, 4, 5, 8, 329ff

C handala ... ... ... 351,356, 357, 366, 379fE

Chandragnpta, Maury a ... ... ... ... 7

Charakas ... ... ... ... ... 328

Charana .. ... ... ... ... 342

Chata ) _ ... ... ... ... 48

Chaura ^

Cherusci clan ... ... ... ... 217

Chola kings ... ... ... ... 31

Cleistheuian constitution ... ... ... 230

Corpox'ation of large areas ... ... ... 207

Council, Buddhist ... ... ... ... 307fE

Council of Elders ... ^.. " ... ... 129

Cultivators ... ... ... ... 17

Deba-saihgha ... ... ... ... 33

Devananda ... ... ... ... 368

District Assembly ... ... ... 207, 212

DivalSmba ... ... ... ... 374

Duryodhana ... ... ... ... 42

GENERAL INDEX

Election of kings

4r0d

PAGE.

97ff, 107ff, llOfE

Five great Assemblies
Five Hundred

... 130ff
166

Ganiabhojaka
Gana

Ganasah

Gautami Balasri

GautamTputra

Goshthi

Govarddhana

Grffmadrohins

Gramadhipa "^

Gramakuta ^

Gramani

Gramapati

Guild (S^e also Sreni)

Guptas

155
12, 15, 16, 138£E, 142fif, 221£f, 230ff,
261ff, 275, 385, 387

12
385
385
393
34
205

155

102fif, 133, 155

155

15, 18, 20, 22ff, 28, 29, 31, 32, 37, 40, 42,

46, 47, 52, 62, 69, 70, 85fE, 146, 149, 388

371, 373

Hansa League

Harichandra

Harsha

Headman of the District

84
373
309
212

Ibn Khordadbeh

Idaiigai

Isvarasena

373

31, 92fC

35

410 GENERAL INDEX

J

PAGE.

Jaina ... ... ... ... .. 327

Janaka ..< ... ... ... ... 351

Jati (see Caste)

Jati-Dharma ... ... ... ... ... 86

Jetthaka ... ... ... ... 20,21,24

Jfiapti (see Natti)

Joint-Stock ... ... ... ... ... 7lfE

Kadamba Dynasty ... ... ... 37l,373ff

Kalamas ... ... ... ... ... 224

Kammdragamo ... ... . ... ... 2]

Kammavaclia ... ... ... ... 311fE

Kamsa ... ... ... ... 43

Kanishka ... ... ... ... ... 309

Kapilavastu ... ... ... ... 224, 234ff, 377

Kathina ... ... ... ... ... 326

Katthavahana ... ... ... ... 356

King-makers ... ... lG2fE, 109, HI, 112

King of the French ... ... ... ... 106

Koliyas ... ... ... ... 224,236

Kosha ... ... ... ... ... 49

Krishna ... ... ... ... 43, 266ff

Krishnayana ... ... ... ... ... 357

Kshatriyas ... ... .. 12,13,128.334,3432

Kukuro.s ... ... ... ... 250ff, 266

Kula ... ... ... ... ... 231

Knlarikas ... ... ... ... ... 35

Kulika ... ... ... ... ... 44

Kunindas ... ... ... 256, 268, 278£P, 282

Kurus ... ... ... ... 250£f

Lekha-kriyS ... ... ... ... 50

Lichchhavis ... 221, 224ff, 232, 238fif, 250fE, 373, 377

GENERAL INDEX 411

PAGE.

Madhyastha ... * ... ... ... 50

Madrakas ... ... ... 250fF, 272, 276

Mahajanas ... ... .., 153, 165fE, 208

Mahakachchana ... .. ... ... 362ff

Maha-Kassapa ... ... ... .. 304

Mahasammata ... ,.. ... ... 107

Mahavaddhakigamo ... ... ... ... 21

Mahavira ... .. ... ... 232

Malava .. ... ... 230, 256, 268, 272fE, 282ff

Mallas ... ... ... 221,224, 250

Manatta ... ... ... ... ... 315

ManigrSmam ... ... ... ... ... 95fiE

Mantri.tarishad ... ... ... ... 126fE

Matanga ... ... ... ... 351

Mayurasarman ... ... ... ... 371

Mercantile Corporations in South India ... ... 87

Money-lenders ... ... ... ... 17

Moriyas ... ... ... ... ... 224

Nahapana ... ... ... ... ... 34

Nalanda ... ... ... ... 389,391,392

Nanadesis ... ... ... ... ... 88fif

Natti ... ... ... ... 24CfE, 311fiE

Nigama ... ... ... 44,45,82,145,146

Nigama eabha ... ... ... ... 145

Nirgranthas ... ... ... ... ... 287

Nishadas ... ... ... ... 377, 380

Nissaya kamma ... ... ... ... 314

Nolambas ... ... ... ... ... 374

Non-monarchical states ... ... 215ff, 221, 224ff, 245ff

Nysa ... ... ... ... 248, 283

Odayantrikas ... ... ... ... 35

Oilmillers, guild of ... ... ... ,,, 36

163

41 a GENERAL INDEX

PAGE.

Pabbajaniya kamma ... ... ... ... 314

Pabbajja ... ... ... ... 241, 290£f, 295£f

Pachittiya ... ... ... ... ... 316£E

Pallava ... ... ... ... ... 37lfE

Famakha ... ... ... ... ... 21

Pafichaias ... ... ... ... 250£E, 392

Panchaii

Pafichalika

Pafichamandal!

Paiichayat

Pani ... ... ... ... ... 14

Paribrajakas ... ... ... ... ... 287

Parishad ... ... ... ... ... 129

Parisuddhi ... ... ... ... ... 323

Parirasa ... ... ... ... 295, 315

Pataliputra ... ... ... ... ... 45

Patimokkha ... ... .. ... ... 321£E

Patisaraniya kamtna ... ... ... ... 314

Pa^takila ... ... ... ... ... 155

PavSrana ... ... ... ... ... 326

Paveni pustaka ... ... ... ... 233

Pishtras ... ... ... ... ... 330

Privy Council ... ... ... 126ff, 131

Puga ... ... ... ... 138ff, 142, 222

Pukkusa ... ... ... ... - 380

Rathakara ... ... ... ... 346,380

Retreat during rainy season ... ... ... 288

Sabha (see Assembly) ... Il7£f, 132ff, 134, 151 ff

Saddhiviharika ... ... ... 292ff

Sakha 342

gakhotaka ... ... ... - - 62

gakyas ... ... - 224, 234ff, 355£E, 366, 377

393

GENERAL INDEX

413

PAGE,

Sara aya )
Samayika ^
Sambhuya-samutthSna
Sambuka

41

73

385

Samgha

Samiti (see Assembly) ...

Samskaras

9, 221ff, 286ff

ll7ff, 216

51

Samvid-vyStikrama
Sarthavaha ...
6etthi (see Sreshthi)
Sibis

... 41, 46fE

... 44,69

182

... 280ff

Six Hundred ...
6reni (see Guilds)
Srenidharma

132

2.3,17,29.385

33

Srenimukhyas
Sreoiivala

29

28

Sreshthi 1 ^
Sreshthin >
Sudras ...

15, 41, 44, 69, 82ff, 88, 96
12, 128, 289, 332fif, 345ff

Superintendent of Accounts
SrSmis

26
88

Tajjaniya kamma
Traders
Traders' League

299, 314

. 17, 20

80

Ukkhepaniya kamma

Union of two village Corporations

UpaiJhSya

Upasampada ...

Uposatha

UshavadSta ...

Uttara Kurus

Uttara Madras

314

211

241, 291 flf

241 ff, 290£f

288, 321 ff

34

... 218ff

... 218ff

414 GENERAL INDEX

PAGE.

Vairfijya

...

... 218fE

VaisSli

...

43

Vaisyas

12, 16,

128,

, 334, 343ff

VSitahavyas

...

220

Vojjians (see Liohohhavis)

...

...

Valangai

...

... 31,92fE

Valanjiyam ) ^^
Valafijiyar J "

... 88£E,96

Varna (see caste)

...

...

VasabhakhattiyS

...

3,55

Vasettha

...

361

Vassa

...

288, 325

Vatsa

... ...

341

VelaikkSras ...

...

... 31,32

Vena

...

... 379ff

Videhas

... >..

224

Vidudabha ...

...

355

VijayabShu ...

...

32

Vikramasila

...

392

Village Headman

136ff, 142fF, 145fP,

, I54fP, 164, 209

VIra Valafijika

...

88fif, 96

VisvSmitra

...

351, 352

Vitahavya

...

3.52

Vrata

...

222

Vfishnis

...

256,

, 266, 279flE

Vyavahara

w

... ...

64

Weavers, guilds of

T

...

38

Yaudheyas

223, 230, 256, 1

268ff, 282ff

Tavanas

Z

... ...

352

Zarathnstra ...

...

218

I. EXTRACTS OF LETTERS RECEIVED BY THE
AUTHOR FROM DISTINGUISHED
SCHOLARS.

Dear Sir,

I am much indebted to you for the nicely bound
copy of your Corporate Life in Ancient India, which is
a good book

I agree with your theory of the Brahman group of

castes

I agree about the date of Pauini

I hope you will continue your careful studies and you
can make any use you please of my favourable opinion of
your scholarly book.

I remain,

Dear Sir,

Yours truly,

(Sd.) VINCENT A. SMITH.

Dear Sir,

I am much obliged for your letter of the 1st of
February and for the copy of your work on ' Corporate Life
in Ancient India/

I have read your book with pleasure and profit. Its
value is much enhanced by the abundant and most useful
citations of authorities, ancient and modern, and every
student of the political and social life of ancient India will
have to reckon with the suggestions made by you. I desire
also to congratulate you on the admirable temper and
courtesy shown in discussing views which you do not
accept. Your work is undoubtedly a valuable and original

2 CORPORATE LIFE

contribution to the study of questions which are too funda-
mental to permit of any final solutions, but which by their
importance and intricacy offer every temptation for
scholarly investigation

With renewed thanks for your interesting work,

Yours truly,
(Sd.) A. BERREIDALE KEITH.

Dear Sir,

I am greatly obliged to you for your kindness in
sending me your book on the Corporations of Ancient India.
I have read it with much pleasure and profit, for it seems
to me that you have handled your theme with skill and
sound judu^meut. It is very gratifying to us to see the
growth of a really scientific historical method among
Indian scholars.

Believe me,
Yours very faithfully,
(Sd.) L. D. BARNETT.

4
Dkar Sir,

I am much indebted to you for your kind presentation
copy of the admirable Corporate Life in Ancient India.
I have read it through with the greatest interest and regard
it as a very useful addition to our knowledge of Indian
history, a field in which accuracy and certainty are difficult
to obtain

Thanking you for your book again,

I remain,
Yours very sincerely,

(Sd.) E. WASHBURN HOPKINS.

REVIEW S

II. REVIEWS.
1. Review in J. R. A. S., 1920.

" Corporate Life in Ancient India. By Rameshchandra
Majumdar, M.A., Calcutta^ 1918.

Local Government in Anr-ient India By Radhakumud
Mookerji, M.A., Ph.D., Oxford, Clarendon Press, 1919.

These two books cover almost the same ground, both
dealing with corporate life in ancient India, tlie title of the
first describing its cope rightly, while the second has
assumed too ambitious a title.

Corporate activities manifested themselves in trade and
industry, in popular assemblies from the village council
upwards, in religious bodies, and in the manifold develop-
ment of caste. Mr. Maj urn dar deals with all these subjeits
under the heads of economic, political, religious and social
life. Dr. Mookerji 'reatsthem according to their oro^anisa-
tion as guilds, etc., their functions administrative, judicial
and municipal, and their constitution, with special notice
of some important .corporat ons and public institutions.
Both base themselves on much the same materials, drawn
from Sanskrit and Buddhist literature and inscriptions ;
and both give good accounts of the various forms in which
corporate life existed. But when they deal with what may
be called the constitutional history of those forms, the two
books diiler widely.

Mr. Majumdar seeks to explain his subjects as Indian
problems without bringiiig them into too close comparison
with their English counterparts. Dr. Mookerji^s treatment
is less satisfactory

Mr. Majumdar on the whole treats his subjects chrono-
logically, tracing their nature and modifications as far
as possible with regard to historical sequence. But
Dr. Mookerji throws historical con&istency aside

Both authors speak of the jo^jDw^ar assemblies or councils
as " democratic,'* but the constitutions do not warrant that
description. It is highly improbable that the lower classes
ever had elective power along with the upper classes,

4 CORPORATE LIFE

especially after the brahmans established their theories
about the degradation of the lower castes. ^<2ven suppos-
ing, however, that the people generally did elect the
members of those assemblies, the rules that defined the
qualifications of members required a knowledge of sacred
and legal books that could rarely have been found outside
the brahmans, and so must have given the brahmans an
assured preponderance in those assemblies. Brahmanic
claims and real democracy would have been a strange couple.

This brings us to a subject of essential importance.
Mr. Majumdar treats of the castes historically, and offers
evidence and makes many sound comments about them,
and especially about the brahmans and their claims, thouo^h
he has hardly scrutinised popular corporate life with
reference thereto. Dr. Mookerji practically ignores this
subject, and a perusal of his pages would rather suggest
that caste had little bearing on such popular life. This
subject and possible differences between Aryan and Dravi-
dian require more elucidation. It seems that the northern
evidence of marked corporate activities is most copious
before brahmanio power became supreme (both authors
drawing largely from Buddhist sources), and fails about
the time when brahmanism finally established its sway in
North India, and similar coincidences seem discernible in
South India. This comment is not put forward as a definite
assertion but to suggest a line of further investigation.

Both authors quote Sanskrit passages, and those in
Mr. Majumdar's book are not free from mistakes, but those
in Dr. Mookerji's book contain many errors ; thus on
p. 117, in one note of four lines there are three errors.
Mr. Majumdar's book has the serious defect that it has
no index Dr Mookerji's book has been printed at the
Clarendon Press and possesses all the perfections of the pro-
ducts of that Press (except those errors), and it has received
a too commendatory foreword from Lord Crewe. Mr.
Majumdar's book was printed at Calcutta and lacks all those
outward advantages ; nevertheless, it is certainly the better
and more trustworthy treatise, written more sanely and with
no political flavour, such as is perceptible in the other book.

F. E. PARGITER."

' N.B. — The portions marked With dots above refer to Dr. Mookerji*8
boiok. - - -

REVIEW

2. Review in " The English Historical Review,
January, 1920."

" The treatise entitled Corporate Life in Ancient India
(Calentta, Surendranath^en, 1918), by Mr. R. C, Majnmdar,
is written in a detached and historical spirit. The author
knows German and has arranged his material in a German
rather than an English fashion. Mr. Majumdar's discus-
sion of the kingless states of ancient India in Chapter II
is full and excellent. Such states were numerous in the
Panjab at the time of Alexander's invasion in the fourth
century B.C., and their existence in various parts of upper
India may be traced until the fifth century after Christ.
Some of them were oligarchical. The author appropriately
illustrates the system of Government in the Lichhavi state
of Tirhut by comparison with the Cleisthenian institutions
at Athens. We believe that the peoples who maintained
more or less republican forms of government in India for
so many centuries were non-Aryans, probably in all rases
related to the Himalayan tribes of the Mongolian origin
now represented by the Gurkhas and the like. Mr. Majum-
dar ascribes tiie decline and ultimate extinction of the
republics to the effects of f >reign invasions and the levelling
enforced by the more powerful paramount dynasties which
arose from time to time. These causes undoubtedly
operated, but the gradual absorption of the large Mongolian
element which existed in the early population of northern
India must have had much to do with the failure of the
republican constitutions to survive or to become the source
of further developments. The author justly observes that
" it requires great effort to believe, even when sufficient
evidence is forthcoming, that institutions, which we are
accustomed to look upon as of western growth, had also
flourished in India long long ago." Chapter IV, dealing with
corporate activities in religious life, gives a valuable analysis
of the constitution of the Buddhist Churcl», "one of the
most perfect ever witnessed in any age or country."
The weak point in the organisation was the lack of any
effectual central authority, but that statement, generally
correct, should be qualified by the observation that for a
few years about 240 B.C. Asoka openly assumed the
position of head of the Church, The examination of the

6 COHPORATE LIFE

theory of the evolution of caste in Chapter V is ilhiminat-
ing. Tlie Vedic Brahmans were '^ not bound toijether by
ties of birth " and " authentic texts repeatedly declare that
it is knowledge, not descent, that makes a Brahman." The
Vedic *' guilds of priests " developed slowly into the close
Brahman caste, or^ more accurately, group of castes, which
has been so prominent in India during the last two
thousand years. Marriages in princely families between
Brahmans and ladies of other castes are recorded as late as
in the ninth and tenth centuiies after Christ. The author
is to be congratulated on his freedom from the literary and
other prejudices which have often obscured the storv of
the origins of the caste institution. In his concluding
pages he quotes interesting passages wliich prove that the
Indians of the olden time knew how to combine for chari-
table and social purposes, including public amusements.
Mr. Majumdar's book gives promise of further well-designed
researches calculated to throw much light upon the history
of ancient India."

VINCENT A. SMITH.

3. Modern Review, March 1919.

This is a thesis which has earned for Professor
Majumdar the Doctor's Degree of the Calcutta University
this 3' ear. Ihe scope of the work has been clearly
indicated by the author in the Introduction : — '' The spirit
of co-operation was a marked feature in almost all fields
of activity in ancient India and was manifest in social
and religious as well as in political and economic life.
The well known jati (caste) and the Samgha (the com-
munity of the Buddhist monks) are the most notable
products of this spiiit in the first two spheres of life. The
same spirit, however, played an equally important part
in the remaining ones, and its effect may be seen typified
in Gana (political corporation) and Sreni (guild)." Dr.
Majumdar has reviewed the Economical, Political,
Religious and Social life of Ancient India from the stand-
point of corporate activity w^hich supplies the unifying
principle through the four isolated monographs embodying
the thesis.

The work points to a field of Indian research where
we find up to this time very few workers of the first rank.

REVIEW 7

Analysis of the concrete archaBological data {e.g.^ of the
domain of Architecture and Sculpture, Epigraphy and
Numismatics) has no doubt advanced to a certain extent;
but the synthetic presentation of any aspect of Ancient
Indian Life has met with few attempts and fewer successes.
We have no doubt the privilege of recounting the works
of two hoary veterans — we mean Sir. R. G. Bhandarkar's
monograph on Indian cults and Dr. Brajendranath Seal's
treatise on the Positive Sciences of the Ancient Hindus —
but these master craftsmen have not as yet given us a
single disciple who could apply their technique in the
same field. So we leave these Bhismas of Indology in
their inaccessible Himalayan heights ! Of the next
generation, Mr. K. P. Jayaswal is the most brilliant
worker. By his penetrating historical vision he has not
only thrown a flood of light on the political and socio-
economic life of Ancient India but roused a genuine
enthusiasm in the study of her institutional history. But
this is a line of inquiry which is as fruitful for a genuine
scholar as it is futile for unripe or over-ripe enthusiasts
who are every day being lured into the discovery of false
fundamentals and flimsy foundation of Indian life. Hence
while in department of objective study we get really-
valuable monographs like Prof. D. R. Bhandarkar's
" Foreign Elements in Indian Population " and Mr. R. D.
Baner jee's " Scythian Period of Indian History,^' the
votaries in the temple of Indian culture history are, with
the single exception of Mr. Jayaswal, as a whole marked
by a spirit of precarious self-assertion that is anything
but scholarly. Hence we have to watch painfully the
materials for a short paper pufPed up into a ponderous
volume and cheap patriotism and premature generalisations
parading under the cover of Indian culture history. Thus
their Indian Politics is partisan, their Indian Economics
ethereal, and their Indian Art polemical and problematic.
Not that we do not believe in the reconstruction of Indian
culture history but that we demand severer canons of
criticism and profounder vision of .-ynthesis. Before the
establishment of the norms of Indian life and the valuation
of those norms in the light of comparative culture history
of Humanity, we absolutely require the scientific descrip-
tive survey and sound well grounded interpretation of the
facts thus collected and co-ordinated. Unfortunately with
characteristic oriental transcendentalism we are attempting

8 CORPORATE LIFE

to take our stand on normation and valuation of Indian
life, neglecting the indispensable preliminaries of descrip-
tion and interpretation. Thus our descriptions are hasty
and haphazard, our interpretations precarious, our norms
arbitrary and our valuations parochial and false.

It is in such a crisis of our study of culture history
that we welcome the dissertation of Dr. Majumdar. Since
the publication of JayaswaPs brilliant " Introduction to
Hindu Polity^' in the pages of this Review six years
ago (1918), we have had not the pleasure of presenting
before the students of Indian culture history such a sober,
well-balanced and stimulating treatise. With the charac-
teristic candour and humility of an earnest student of the
objective school Dr. Majumdar says : " I have avoided, on
principle, all philosophical disquisitions throughout this
work. It has been my aim rather to simply present the
facts in a connected manner with a view to illustrate,
as far as possible, the gradual development of the various
institutions.^' Thus he disarms all criticism from the
more ambitious school, while he presents us with a
really first class descriptive work on Indian culture
history.

An acute student of epigraphy and numismatics as he is,
Br, Majuwdar has collected the data of our corporate
life with a thoroughness and marshalled them with a
critical acumen that would do credit to any scholar.
Indeed in almost every page we feel th impress of the
personality if a dispassionate historian who examines an
economic organisation {e.g.^ the Sreni), a political institu-
tion {e.g.^ the Samiti), or a social phenomenon {e.g.^ the
Jati), in the same spirit of detachment and objectivity
of judgment, as is manifest when he deciphers a mutilated
inscription or analyses a rare numismatic evidence. Herein
lies his strength as well as limitation as a historian of
culture. We miss the subtle bio-psychological interactions
that are at the genesis and progression of every pheno-
menon of c'ilture history; we also miss the magic trans-
figuration of concrete facts by the synthetic genius of a
social philosopher ; but we gain a full and accurate
description of our cultural structures and a thoroughly
reliable reading of the fluctuations in their functioning —
achievements, which, by themselves, entitle him to the
dignity of a Doctorate.

REVIiEW d"

Apart from its scholarly/ worth the thesis chances to
appear in a very opportune moment when %ve are striiggling
with reactionaries in politics and society. By a curious
coincidence it is a crushing answer to those who are at pjresent
struggling to establish against history that self-government
is the chartered monopoly of the western nations or that
ethnic purity, the monopoly of the Brahmanic hierarchy.
Without the least tinge of polemical acrimony Br. Majumdar
completely demolishes the pretensions of both the school of
obscurantists by positive presentation of the wonderful
picture of the self-governing life of the Ancient Iidians
while, with the relentlessness of a true historian, he eorposes
the intricate history of the growth of Brahmanic pretensions
and the fiction of their immaculate heredity. He proves
beyond all doubt that race mixture was as much a fact
of our social life as self-government, that of our political
history. ^

4. The Amritabazar Patrika, 20th February, 1919.

** CorporateiLife in Ancient India/^ By Ramesh Chandra
Majumdar, M.A., Premchand Roychand Research Scholar
and Lecturer on Ancient Indian History, Calcutta Univer-
sity. Published by S. N. Sen, 16, Chandra Nath Chatterji's
Street, Bhawanipore, Calcutta. Price Rs. 4.

This book has for its object a critical and comprehen-
sive study of the corporate activities in public life in
Ancient India. The expression public life is taken in its
widest sense and includes political and economic as well as
religious and social life. It is indeed an ambitious task
to deal with the corporate activities in all these varied
spheres and we congratulate the author on the manner in
which he has handled this great question.

The book gives in the first chapter an account of the
corporate activities in economic life. We have in this
connection a most interesting account of the rise and
development of the institution called Sreni, a corporation
of artisans similar in nature to the guilds of mediaeval
Europe. The gradual growth of the rights and privileges
of this body is an eminently interesting and instructive

^ The italics are our own.

10 CORPORATE LIFE

study. We notice how it gradually came to possess a
distinct constitution with large executive and judicial
powers recognised by the law of the land, and how, at the
same time, it served the purposes of the Municipality and
the Banks of the present day. Other forms of corporate
activity such as Traders' League, Joint Stock business, etc.,
are also treated at some length.

The second chapter deals with the corporate activities
in political life and discusses such all-important topics as
the election of kings, the function and importance of the
popular assemblies controlling royal authority, and the
self-governing institutions like village community and
village union, etc. The special feature of this portion of
the work is the extensive quotation of passages from con-
temporary literature and inscriptions, supporting each
statement of the author. Attention may also be drawn
to the very exhaustive and masterly treatment of the village
assemblies in Southern India. More than a hundred in-
scriptions have been laid under contribution to give an
idea of the nature and functions of these popular assem-
blies wielding high executive and judicial powers.

The third chapter deals with the republican states of
ancient India, the most notable product of the corporate
instincts of the people. The author has collected togethei
a mass of evidence from all possible sources, and even the
most sceptic reader is bound to accept, as a historical fact,
the existence of these republican forms of Government in
Ancient India.

The fourth chapter deals with religious corporations
and gives an interesting description of the corporation of
Buddhist monks. The detailed account of the meetings
of the Buddhist fraternity is an interesting surprise to us,
inasmuch as it proves that even as regards formality of
procedure in council meetings, the modern age has not made
much further progress than India did more than two
thousand years ago.

The fifth and last chapter deals with the rise and
development of the social corporations called ' castes.' It
describes how the primitive simple social corporations were
gradually developed into rigid castes which we find at the
present day. The orthodox section of the people may not
agree with the author in all views put forward by him but
they are worthy of being seriously considered by all,

REVIEW 11

specially those who seek for a rational basis of our social
institutions.

The brief sketch given above is but an imperfect
account of Prof. Majumdar's masterly work, but we hope
it is sufficient to indicate its nature and importance.
It will be imj)ossible to ignore its bearing u]pon some of the
most vital jaroblems of the day. To take only 07ie example^
it will furnish the most convincing reply to the reiterated
arguments of our Anglo-Indian friends that India is quite
unfit for experiment of democratic institutions. For Prof.
Majumdar has sufficiently demonstrated that the plant of
self-government is of indigenous growth in the east. It
has been well said that an ounce of fact is worth a ton of
theories. Professor Majumdar's name is a sufficient
guarantee for the accuracy of facts recorded in this book
and they strike at the very root of all theories about the
incapacity of Indians for political progress on modern lines.
We welcome this book not only as a scholarly treatment
of the cultural history of India, but as a unique record
of the political advancement of the ancient Indians pro-
viding the surest guarantee for the capacity of their
successors to advance on progressive lines in modern times.

In the same manner the book has direct bearing on some
of the most important social and economic problems of the
day and every Indian who seeks to improve the condition of
his country in any loay, will do well to give the booh a
careful reading ; for^ a nationh past determines its future
to a great extent P^

^ The italics are our own.

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