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Hindu Polity: A Constitutional History of India in Hindu Times c41: Chapter XXVIII: Political Functions of The Janapada and the Paura

Hindu Polity: A Constitutional History of India in Hindu Times c41

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English

Chapter XXVIII: Political Functions of The Janapada and the Paura

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Political Functions

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OF

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§ 262. The Jānapada appears to have been concerned with matters mainly constitutional and political. All the references to their work are to such business, with one or two exceptions, e. g., that they got gold coins minted by the royal mint-master.¹ This seems to have been a business of economic nature. Apparently they had to judge as to the number of coins necessary in the country for the purposes of exchange, and probably they exercised some sort of supervision as to weight and purity of the coins, as debasement of coinage by government is found recorded once or twice as a matter of public complaint.

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¹ *Artha-Śāstra*, II. 14; 22.

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§ 263. In all constitutional matters we find the Paura always appearing with Jānapada. The Paura had thus a double character, as a local self-administration of the capital and a constitutional assembly. The latter function they sometimes discharged, as we shall see, by themselves, especially in provincial capitals. Matters of importance were discussed and decided in a joint parliament of the two bodies, the Jānapada and the Paura. Their unity then is so complete that the bodies are regarded as one and referred to as one in the singular. The unity was effected owing to the fact that Jānapada had its meeting place and office at the capital itself.²

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² See reference in the *Mṛichchhakaṭika* discussed below § 280, and other references indicating their location at capital.

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§ 264. Let us take examples of the business they used to transact. The Pauras and the Jānapadas meet together along with Brahmins and other leaders of the nation to resolve upon the appointment of a Yuvarāja or king-assistant.¹ They after their deliberations ask the king to consecrate the prince whom, they say, "we want."²

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¹ *Rāmāyaṇa*, *Ayodhyā Kāṇḍa*, II. 19-22.

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² *Ibid*, 26-51. For Jana in the collective sense of a body, compare Asoka's **जनं धंमयुतं** (Pillar series VII). The age of the present Rāmāyaṇa should be studied in Jacobi's critical paper on Rāmāyaṇa (*Das Rāmāyaṇa*). It seems that the original edition was composed about 500 B. C. and the revision took place circa 200 B. C. (*JBORS.* IV, 254).

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ब्राह्मणा जनमुख्याश्च पौरजानपदैः सह ।
समेत्य मन्त्रयित्वा तु समतांगतबुद्धयः ॥
ऊचुश्च मनसा ज्ञात्वा वृद्धं दशरथं नृपम् ।
***
स रामं युवराजानमभिषिञ्चस्व पार्थिव ॥
इच्छामो हि महाबाहुं रघुवीरं महाबलम् ।

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ते तमूचुर्महात्मानं पौरजानपदैः सह ।
बहवो नृप कल्याण गुणाः पुत्रस्य सन्ति ते ।
***
इक्ष्वाकुभ्योऽपि सर्वेभ्यो ह्यतिरिक्तो विशांपते ।
. . . . . बभूव भरताग्रजः ।
***
यदा व्रजति संग्रामं ग्रामार्थे नगरस्य वा ।
गत्वा सौमित्रिसहितो नाविजित्य निवर्तते ॥
पौरान्स्वजनवन्नित्यं कुशलं परिपृच्छति ।
***
उत्सवेषु च सर्वेषु पितेव परितुष्यति ।
प्रजापालनतत्त्वज्ञो न रागोपहतेन्द्रियः ।
प्रार्थयन्ते जनः सर्वो राष्ट्रे पुरवरे तथा ।
'आभ्यन्तरश्च बाह्यश्च पौरजानपदो जनः ॥ (Kumb).

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The king is somewhat surprised and asks: "As you desire the Rāghava prince to become protector, a doubt has arisen in my mind which please remove. O you rulers (Rājānaḥ, 'kings'), although I am ruling this country in accordance with law, yet how is it, you gentlemen want to see my son appointed as king-assistant, with high powers?" The spokesmen with the members of the Paura-Jānapada give their reasons. They say that Rāma was the best of the Ikshvākus on merit; that he was born before Bharata; that he was brave; that he always enquired after the well-being of the Pauras; that he took a leading part in the festivities; that he knew the principles of government, etc.; that the country desired him as its lord; and in fine, that not only the people of the kingdom and the capital, but also the Paura-Jānapada, both their Inner and Outer bodies, admire the Prince. The king is satisfied with the proposal that they desired to have his eldest son in the office of the Yuvarāja. When the king promises that the desire would be carried out, his reply is acclaimed.¹ And then he makes a speech by which he gives directions to carry out the resolution. This being done, "the Pauras who had advised

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¹ *Ibid.*, Canto III, verses 2-5.

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अहोऽस्मि परमप्रीतः प्रभावश्चातुलो मम।
यन्मे ज्येष्ठं प्रियं पुत्रं यौवराज्यस्थमिच्छथ॥
***
यौवराज्याय रामस्य सर्वमेवोपकाल्प्यताम्।
राज्ञस्तूपरते वाक्ये जनघोषो महानभूत्॥
शनैस्तस्मिन्प्रशान्ते च जनघोषे नराधिपः॥
***

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"the king, departed being greatly satisfied."¹ Here it is evident that the expression 'Pauras' stands for both the Pauras and the Jānapadas.

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¹ *Ibid*, verse 49,

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The Paura-Jānapada as one body again wait to take part in the Abhisheka (consecration) ceremony.² Although the whole body was taken to be present, only the Chiefs or 'Presidents' of the sections were in fact present in person.³ We find only the Vriddhas of the whole of Pañchāla country taking part in the ceremony at Kānyakubja, as Dharma-Pāla's copper-plate records⁴. It is to the ladies of the Chiefs of the Śreṇis that the king offers salutation after the coronation ceremony.⁵

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² *Ibid.* Canto XIV, verse 52,

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³ *Ibid.*, verse 40,

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⁴ *E.I.* IV., p. 248.

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⁵ *T. M.* II., 114,

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In other royal ceremonies also, the Aldermen of the Paura, Paurā-Vṛiddhas, take part.⁶

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⁶ *Ibid.*, p. 117. In *Rasa-yātrā*—ततोर्वाक्स्नानान्ते पौरैर्वृद्धैश्चरतः।

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Likewise the Paura-Jānapadas could interfere with succession and prevent an undesirable prince from coming to the throne.⁷

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⁷ *M. Bh.*, *U.*, Ch. 149, 22-23.

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ते चापि पौरा नृपतेर्वचस्तच्छ्रुत्वा तदा लाभमिवेष्टमाशु ।
नरेन्द्रमामन्त्र्य गृहाणि गत्वा देवान्समानर्चुरभिप्रहृष्टाः ॥

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*Ibid.* IV. 1,

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गतेष्वथ नृपो भूयः पौरेषु सह मन्त्रिभिः ।
मन्त्रयित्वा ततश्चक्रे निश्चयज्ञः स निश्चयम् ॥

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उपतिष्ठति रामस्य समग्रमभिषेचनम् ।
पौरजानपदाश्चापि नैगमाश्च कृताञ्जलिः ॥

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पौरजानपदश्रेष्ठाः नैगमाश्च गणैः सह ।

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§ 266. The revolution enacted in the Mṛichchhakaṭika throws light on another aspect of the constitutional power of the Paura-Jānapada. The reigning king is deposed because of bad administration of law, of which the president of the commercial union had been a victim.¹ The brother of the deposed king who 'established confidence' among the Pauras² obtained sovereignty. The messenger comes to the Jānapada-Samavāya, 'corporate association of the Jānapada' with the news of the revolution,³ who are shortly after addressed as the Pauras and called upon to punish Saṁsthānaka. According to the Mahā-Vaṁsa the Ceylonese chronicle, the Paura in India could depose and banish the king for illegal acts, and they, mindful of the good of all, could choose another in his place, outside the dynasty, by deciding upon it in their meeting.⁴ Here again the Pauras apparently stand for both the Pauras and Jānapadas. In the Daśa-kumāra-charita⁵ the Pauras and the Jānapadas are said to be friendly to the brothers of the king, it is therefore feared by the speaker that they are bound to succeed the king if the latter dies.

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¹ See 'Trial of Chārudatta', translated in C. W. N., xvi, p. li, सार्थवाहविनयदत्तस्य नप्ता सागरदत्तस्य तनयः । Act IX (छाया)

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² पौरान् समाश्वास्य ।

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³ *Mṛichchhakaṭika*, Act X. See also पौराः वावादेध । किं निमित्तं पादको जीवावीअदि । which shows that the Pauras were present at the place where Chārudatta and Vasantasenā were standing and where the Jānapadasamavāya was.

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⁴ Cf. *Mahāvaṁsa*, IV, 5-6.

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⁵ Chapter III. अनुजाः पुनः अतिबहवः तैरपि घटन्ते पौरजानपदाः ।

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§ 267. There is a sample of discussion in the assemblies of the Paura and the Jānapada given in the Artha-Śāstra. Spies of the king charged to gauge the political views of the Pauras and the Jānapadas about the king, would approach (1) the Tīrtha-Sabhā-Śālā-Samavāya or the Sectional sub-assembly of the Paura in charge of the sacred places and public buildings; (2) the Pūga-Samavāya or the sub-assembly in charge of trades and manufactures; and (3) the Jana-Samavāya or the Popular Assembly, that is, what the Mṛichchhakaṭika calls the Jānapada-Samavāya. By approaching these assemblies, sectional or permanent councils, the spies ascertained the prevailing feeling of the Paura and the Jānapada. The spies would broach the subject, for example, in these words:

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"We hear that the king is possessed of all the necessary
"merits. But we do not see those merits, for the man
"is troubling the Pauras and the Jānapadas (by de-
"mands for) army and taxes."¹

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¹ Artha-Śāstra, Bk. 1. Ch. XIII 9, गृहपुरुषप्रणिधिः कृतमहामात्यापसर्पः पौरजानपदानपसर्पयेत् । सत्त्रिणो द्वन्द्विनस्तीर्थसभाशालापूगजनसमवायेषु विवादं कुर्युः सर्वगुणसम्पन्नश्चायं राजा श्रूयते । न चास्य कश्चित् गुणो दृश्यते यः पौरजानपदान् दण्डकराभ्यां पीडयतीति । For the interpretation of दण्डकराभ्यां compare दण्ड in Bk. XIII, Ch. V; 170 (p. 407).

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In the discussion if the members defend and praise the king, they were reminded of the Hindu theory of the original contract between the King and the People, the very origin and basis of Kingship:

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"Well, (is it not so? that) the Subjects went to Manu
"son of Vivasvat, when anarchy prevailed and troubled
"them. They settled his share in taxes—one-sixth of
"the crops, [and] one-tenth of merchandise, in cash. That

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"much is the wage of kings for ensuring pros- "perity".¹

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¹ तत्र येऽनुप्रशंसेयुः तानितरस्तं च प्रतिषेधयेत् । मात्स्यन्यायाभिभूताः प्रजा मनुं वैवस्वतं राजानं चक्रिरे । धान्यषड्भागं पण्यदशभागं हिरण्यं चास्य भागधेयं प्रकल्पयामासुः । तेन भृता राजानः प्रजानां योगक्षेमवहाः तेषां किल्बिषमदण्डकरा हरन्ति । *Ibid.* [p. 23]. For the interpretation of bhṛita cf. its meaning in the Mitāksharā (Vijñāneśvara).

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§ 268. The king according to the Mahā-Bhārata had to invest only that minister with the jurisdiction of mantra or state policy and government (daṇḍa), that is, the powers of the Premier (mantrin), who has legally earned the confidence of the Paura-Jānapada.² Resolutions on state policy having been discussed by the cabinet of ministers with the king, had to be submitted to the Rāshtra, that is, the Jānapada, for their opinion (lit., to show दर्शयेत् ), through the Rāshtriya or the President of the Rāshtra or Jānapada.³ This was necessary especially because grant of extraordinary taxes, as we shall presently see, was in their hands.

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² *Mahā-Bhārata* (Kumbh.), *Śānti-Parvan*, LXXVIII, 45-6.

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³ *Ibid.*, LXXXV, 11-12.

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§ 269. The tenure of ministers depended, to a considerable extent, on the good-will and confidence of the Paura-Jānapada. The minister Chakra-pālita who was the provincial governor of Skanda Gupta in the Western presidency, records in the public inscription that he gained the confidence of the people and the Nāgaras

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तस्मै मन्त्राः प्रयोक्तव्यो दण्डमभ्युत्सता नृप ।
पौरजानपदो यस्मिन्विश्वासं धर्मतो गतः ॥

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अष्टानां मन्त्रिणां मध्ये मन्त्रं राजोपधारयेत् ।
ततः संप्रैषयेद्राष्ट्रं राष्ट्रीयस्य च दर्शयेत् ॥

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by his rule in a short time and that he 'coaxed and pleased the Paura-vargas' or the association of the Pauras.¹ Finally he prays, "May the Capital prosper and be loyal to the Paura!"²

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¹ विश्रम्भमल्पेन शशाम योऽस्मिन्कालेन लोकेषु स नागरेषु। यो लालयामास च पौरवर्गान्...॥ —Junāgaḍh Inscription of 457-8 A. C. Fleet, C. I. I. (GI.), Vol. III, p. 60 The reading of Fleet separating न from ह्यल्पे and काले is grammatically impossible.

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² *Ibid.*, p. 61 नगरमपि च भूयाद् द्विमत्पौरजुष्टम् ।

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§ 270. In empires there were presidency capitals. There seems to have been an independent Paura body in such a capital. The Paura alone in such cases are mentioned. There was no separate Jānapada body there and it seems that the latter still sat at the imperial capital representing the whole country. The Pauras were prone to take offence at the Ministry's behaviour. The Pauras alone of Takshaśilā, the capital of the North (Uttarāpatha) in the time of Aśoka, are related to have become 'hostile'. Prince Kuṇāla was sent by his father, King Aśoka, to pacify them. The Paura coming forward told the prince in their address of welcome: "We are not hostile to Your Highness (the viceroy) "nor are we hostile to King Aśoka, but (we are so to) the "rascally Ministers who have come and "who are rude to us ('insult us')."³

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³ *Divyāvadāna*, pp. 407-8, राज्ञोऽशोकस्योत्तरापथे तक्षशिलानगरं विरुद्धम्। श्रुत्वा च राजा स्वयमेवाभिनिर्यातः। ततोऽमात्यैरभिहितः। देव कुमारः प्रेष्यतां स संनामयिष्यति। अथ राजा कुनालमाहूय कथयति। वत्स कुनाल गमिष्यसि तक्षशिलानगरं संनामयितुम्। कुनाल उवाच। परं देव गमिष्यामि ... ... ... आनुपूर्वेण तक्षशिलामनुप्राप्तः। श्रुत्वा च तक्षशिलापौरा अर्धत्रिकानि योजनानि मार्गशोभां नगरशोभां च कृत्वा पूर्णकुम्भैः प्रत्युद्गताः। वक्ष्यति च—

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We find from Aśoka's inscriptions that the emperor made an order that the Ministers at Takshaśilā were to go out of office every three years, and new ministers to be sent instead.¹ From other provincial capitals the ministers were changed every five years; but an exception was made in the case of the Government at Takshaśilā and that at Ujjayinī.

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¹ नागलजनस अकस्मा पलिबोधे व अकस्मा पलिकिलेसे व नो सिया ति एताये च अठाये हकं वंसते पंचसु पंचसु वसेसु निखामयिसामि ए अखखसे अचंड...सखिनालम्भे होसति एतं अठं जानितु तथा कलंति अथ मम अनुसथी ति उजेनिते पि चु कुमाले एतायेव अठाये निखामयिस...हेदिसं मेव वगं नो च अतिकाclassामयिसति तिनि वसानि हेमेव तखसिलाते पि अदा ख...ते महामाता निकलमिसति ... Dhauli edition, lines 9—25. I have discussed the significance of the inscription in *J. B. O. R. S.*, Vol. V, (1919) p. 96.

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The same records which mention this, namely, the Kaliṅga Inscriptions called ‘Special Edicts’ by epigraphists, say that the King insisted on the rule of transfers so that the “city body” (*nagara-jana* = Paura) might not be suddenly excited and suddenly put to trouble (Nagala-janasa akasmā palibodhe va akasmā palikilese va no siyā ti). This evidently refers to a sudden excitement of the Pauras as in the case of the Takshaśilā agitation described in the Divyāvadāna.

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Unfortunately we are not in possession of the details of these constitutional ‘insults’ which entitled the Pauras to become hostile and justify their disloyalty. In any case, the Pauras were such keen politicians that they would distinguish disloyalty to the Ministers from loyalty to the Crown.

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श्रुत्वा तक्षशिलापौरा रङ्गपार्षदिकाञ्जनान्।
गृहा प्रत्युद्गताभासु बहुमान्या नृपात्मजम् ॥
प्रत्युद्गम्य कृताञ्जलिरुवाच। न वयं कुमारस्य विरुद्धा न राज्ञोऽशोकस्यापि तु दुष्टात्मानोऽमात्या आगत्यास्माकमपमानं कुर्वन्ति। यावत्कुनालो महता सम्मानेन तक्षशिलां प्रवेशितः।

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§ 270A. The Paura-Jānapada are repeatedly mentioned in connexion with taxation. Taxes were fixed by common law. But the king often had the necessity and occasion to apply for an extra-ordinary taxation. Such taxes assumed the form of 'praṇaya', 'out-of-affection gifts', or a forced benevolence-tax, and the like.¹ It is evident that proposals for such taxation were first submitted to the Paura-Jānapada. According to the Artha-Śāstra the king had "to beg of the Paura-Jānapada" these taxes.² We have already noticed the discussion of grievance in the Paura sub-asssemblies and the Jānapada sub-assembly about the oppression from the king's taxes. A ruler of a subjugated country, according to Kautilya, ran the risk of causing wrath of the Paura-Jānapada, and his consequent fall, by raising money and army to be supplied to his suzerain.³

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¹ Jayaswal, *Ind. Ant.* 1918, p. 50.

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² *Artha-Śāstra*, Bk. V. ch. 2 ; 90,

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³ *Ibid.* Bk. XIII, ch. 5 ; 176.

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Disaffection might follow a Regent's threat to realize a war-tax. Kautilya's agents, says the Artha-Śāstra, taking service under the Regent, while the enemy king was out with his army in the field, would secretly tell the Paura-Jānapadas, as friends, that the Regent had ordered the government to demand taxes the moment the king returned. And when the Pauras held a general meeting to give their votes on the subject the leaders were to be done away with at night secretly, and the rumour circulated by the agents "this is done because they were

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एतेन प्रदेशेन राजा पौरजानपदान् भिक्षेत।

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कोशदण्डदानमवस्थाप्य यदुपकुर्वाणः पौरजानपदान्कोपयेत्।
कुपितैस्तैरेनं घातयेत् प्रकृतिभिन्यङ्ग एमपनयेत् ।

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opposing the Regent's proposal,"¹ This was expected to cause dissension and weakness in the enemy country.

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¹ *Ibid.*, Bk. XII, Ch. 2: 16*.

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Rudradāman, as he says in his inscription, proposed to his ministers the restoration of the great water works of the Mauryas, the Sudarśana lake, which proposal was rejected by his Council of Ministers. Thereupon Rudradāman did the repairs from 'his own private purse'. In doing so, he says that he did not trouble the "Paura-Jānapada jana or body" with a demand for benevolences for the purpose.² Just before, he has already said that he realized taxes only so much as was rightfully allowed (by Hindu Law)³.

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² *Epigraphia Indica*, Vol VIII, p. 44,

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³ यथावत्प्राप्तैर्बलि शुल्काभागैः—l. 14.

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The Sudarśana lake was a huge irrigation work. The capital being situated on a hill, the people who were most benefited by it were the Jānapada people. It would be probably inexplicable why the king should have troubled the Pauras unless we accepted that the Paura-Jānapada together had to sanction the demand.

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§ 271. A sample of an address from the

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दुर्गेषु चास्य शून्यापालास्सन्नाहसत्रिणः पौरजानपदेषु मैत्रीनिमित्तमावेदयेयुः। शून्यपालेनोक्ता योधाश्चाधिकरणास्थाश्च कृच्छ्रागतो राजा जीवन्नागमिष्यति, न वा प्रसहा वित्तमार्जयध्वममित्रांश्च हत इति। बहुलीभूते तीक्ष्णाः पौराञ्छियास्त्वाह्वाहयेयुः मुख्यंश्चाभिहन्युः एवं क्रियन्ते ये शून्यपालस्य न शुश्रूषन्ते इति। शून्यपालस्थानेषु च सन्गोजितानि सद्यश्चित्तबन्धन्यान्युत्सृजेयुः। ततस्सत्रिणः शून्यपालो घातयति विलोपयति च इत्यावेदयेयुः।

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In the above text बहुलीभूते should be compared with संबहुला in *Jātaka*, II. 45, and संबहुलेहि in the *Majjhima Nikāya*—*Gopaka Moggallāna Sutta* where संबहुला denotes holding a meeting to decide a matter by the vote of majority.

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अपीडयित्वा करविष्टिप्रणयक्रियाभिः पौरजानपदं जनं स्वस्मात्कोशा (त्) महता धनौघेन अनतिमहता च कालेन……सेतुं……कारितम् ।……अस्मिन्नर्थे महाक्षत्रपस्य मतिसचिवकर्मसचिवैरमात्यगुणसमुद्युक्तैरप्यतिमहत्त्वाद्भेदस्यानुत्साहविमुखमतिभिः प्रत्याख्यातारंभे etc.

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throne begging extra taxes from the Paura-Jānapada is given in the Mahā-Bhārata. I quoted the speech in 1912 but its constitutional character could not be realized before Khāravela's inscription disclosed the corporate Paura and Jānapada. The passage just before that speech is most important, for it shows the methods to which the Crown resorted, to obtain the grants from the Paura-Jānapada. The method of securing a majority in the assembly of the Jānapada is given, and royal dishonesty in defeating the Jānapada is divulged. The very method, at the same time, proves the legal power and authority of the Paura-Jānapada.¹

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¹ Śānti-Parvan Ch. LXXXVII, 23—25 (Kumbakonam).

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"To provide for a future distress, kings" [according to our Mahā-Bhārata authority] "raise and keep by funds. "All the Paura-Jānapadas (i. e., all the members) those in "session (saṁśrita), as well as those taking ease "(upāśrita), *i.e.*, every one of them should be shown (royal) "sympathy, even those who are not rich. Dissension should be "created in the Outer (Bāhya) body of theirs and then the "Middle body to be well (or comfortably) won over (bribed, "entertained'). The king thus acting, the People will not be "excited and disaffected whether they feel (the burden) easy "or heavy. Then, before money demand is made, the king going "to them and addressing by a speech should point out to the

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आपदर्थं च निचयान् राजानो हि विचिन्वते ।
राष्ट्रञ्च कोशभूतं स्यात् कोशो वेश्मगतस्तथा ॥
पौरजानपदान् सर्वान् संश्रितोपाश्रितांस्तथा ।
यथाशक्त्यनुकम्पेत सर्वानल्पधनानपि ॥
बाह्यं जनं भेदयित्वा भोक्तव्यो मध्यमः सुखम् ।
एवं नास्य प्रकुप्यन्ति जनाः सुखितदुःखिताः ॥

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"Rāshtra (Jānapada) the danger to his country (*e. g.*) as follows:¹

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¹ *Ibid.*, 26—34,

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"Here a danger has arisen. A large enemy army! They forebode our end just as the prospect of coming on fruit to the bamboo². My enemies with the help of d a s y u s (foreign barbarians)³ want to harm the kingdom,—an attempt which, of course, will prove to be their self-destruc-

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² The prospect is dreaded by the owner of the bamboo clump in our villages as it means the drying up of the whole stock. The bamboo 'fruit' is in appearance like paddy.

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³ *Dasyu* is a technical term both in *Manu* (x. 45) and the (*Mahā-Bhārata*, *Śānti P.* LXV, 13-17) denoting foreign tribes.

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प्रागेव तु धनादानमनुभाष्य ततः पुनः ।
सन्निपत्य स्वविषये भयं राष्ट्रे प्रदर्शयेत् ॥ २६
इयमापत्समुत्पन्ना परचक्रभयं महत् ।
अपि चान्ताय कल्पन्ते वेणोरिव फलागमाः ॥ २७
अरयो मे समुत्थाय बहुभिर्दस्युभिः सह ।
इदमात्मवधायैव राष्ट्रमिच्छन्ति बाधितुम् ॥ २८
अस्यामापदि घोरायां संत्रासे दारुणे भये ।
परित्राणाय भवतः प्रार्थयिष्ये धनानि वः ॥ २९
प्रतिदास्ये च भवतां सर्वं चाहं भयक्षये ।
नारयः प्रतिदास्यन्ति यद्धरेयुर्बलादितः ॥ ३०
कलत्रमादितः कृत्वा सर्वं वो विनशेदिति ।
शरीरपुत्रदारार्थमर्थसञ्चय इष्यते ॥ ३१
नन्दामि वः प्रभावेण पुत्राणामिव चोदये ।
यथाशक्त्युपगृह्णामि राष्ट्रस्यापीडया च वः ॥ ३२
आपत्स्वेव निबोद्धव्यं भवद्भिः संगतैरिह ।
न वः प्रियतरं कार्यं धनं कस्यांचिदापदि ॥ ३३
इति वाचा मधुरया श्लक्ष्णया सोपचारया ।
स्वरश्मीनभ्यवसृजेद्योगमाधाय कालवित् ॥ ३४

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"tion. In this serious difficulty and in the nearness of this "grim danger, I beg of you money, gentlemen, for your safety. "When the crisis is over I will repay, gentlemen, in full. The "enemies will not return what they, if they can, carry away by "force from here. From family down to every thing you possess "might be destroyed by them. Money is desired only for the "sake of person, children and wife. I delight in your "prosperity as in the prosperity of my sons. I shall receive "what you can spare, without causing pain to the realm and to "you. In crises, the honourable assembly ( भवद्भिः संगतैः ) "should bear the burden. You should not value money very "much in a crisis."

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"With such sweet, bland speeches making salutations "and showing courtesy (*sopachāro*), kings presented their "money demands" (*dhanādāna*).

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Every Paura and every Jānapada (that is, every member) was to be humoured by personal attention of the king before the time for the speech and demand arrived.¹ We are already familiar with the Outer body of the Paura-Jānapadas. In the Rāmāyaṇa, as we have seen, the same term occurs. But what is meant by the Middle body? They here stand for 'the Inner body'. They were to be "used" and "given wages" for their dishonourable conduct. They were won over to favour the king's proposal.

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¹ *Ibid.* 26.

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It should be noted that the language addressed to the Paura-Jānapada is very polite; the pronoun is, bhavat, 'your honourable self', bhavadbhiḥ sangataiḥ 'your honourable Assembly.'²

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² That voting prevailed in the Jānapada and Paura can be gathered from the procedure of contemporary popular institutions which we have already noticed. It is implied here in our text by the directions about creating breach in the Outer body and about winning over the Middle body.

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§ 272. The Paura-Jānapada demanded and obtained anugrahas or 'privileges'. Khāravela in his inscription says that he granted numerous anugrahas in a particular year to the Paura and to the Jānapada. According to Kauṭilya the Paura-Jānapada (leaders) of an enemy country should be advised by secret agents 'to demand anugrahas from the king' when there be famine, thefts, and raids by the Aṭavīs (buffers of wild tribes). This is to be read along with Yājñavalkya II., 36¹ which enjoins that the king must pay "to the Jānapada" (in the singular) compensation for loss caused by thieves (see also § 281). The Paura-Jānapada should couple their demand, according to Kauṭilya, with the threat of migration to the enemy's country in case the demand was not allowed.²

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¹ *Yājñavalkya*, II. 36.

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² *Artha-Śāstra*, Bk. XIII, Ch. 1: 171. (p. 394).

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§ 273. That the demands for anugrahas were mostly of economic character, is shown by the direction of Kauṭilya:³ that only those anugrahas and parihāras (fiscal concessions) should be granted which would lead to the strength of the Exchequer and those which weaken it were to be avoided for 'with a small treasury the king oppresses the Paura-Jānapadas.'

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³ *Artha-Śāstra*, Bk. II; Chapter I; 19 (p. 47).

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देयं चौर-हृतं द्रव्यं राज्ञा जानपदाय तु ।
अददद्धि समाप्नोति किल्बिषं यस्य तस्य तत् ॥

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This verse of Yājñavalkya corresponds to Manu, VIII. 40. See Medhātithi's explanation.

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Cf. प्रत्याहर्तु मशक्तस्तु धनं चौरैर्हृतं यदि ।
स्वकोशात्तद्धि देयं स्यादशक्तेन महीभृता ॥

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—Dvaipāyana in the Mitākṣharā.

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दुर्भिक्षस्तेनाटव्युपघातेषु च पौरजानपदानुत्साहयन्तः सत्रिणो ब्रूयुः राजानमनुग्रहं याचामहे निरनुग्रहाः परत्र गच्छाम इति ।

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अनुग्रहपरिहारौ चैभ्यः कोशवृद्धिकरौ दद्यात् । कोशोपघातिकौ वर्जयेत् । अल्पकोशो हि राजा पौरजानपदान्नेव ग्रसते ।

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He recommends parihāra in famines, and counts the erection of irrigation works as a case where anugraha ought to be granted.¹ Aśoka in his Pillar Proclamations says that the Rājūkas or ruling ministers, made independent by him, were to make anugrahas to the Jānapada body (§318). Rudradāman calls his restoration of the irrigation lake,—Sudarśana—an anugraha in favour of the Paura-Jānapadas.²

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¹ *Ibid.*— निवेशसमकालं यथागतं वा परिहारं दद्यात् । निवृत्तपरिहारान् पितेवानुगृह्णीयात् । आकरकर्मान्तद्रव्यहस्तिवनव्रजवणिक्पथप्रचारान्वारिस्थलपथपण्यपत्तनानि च निवेशयेत् । सहोदकमाहार्योदकं वा सेतुं बन्धयेत् । अन्येषां वा बध्नतां भूमिमार्गवृक्षोपकरणानुग्रहं कुर्यात् ।

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² *Ep. Ind.* Vol. VIII. p. 45, पुनःसेतुबन्धनैराश्याद् हाहाभूतासु प्रजासु इहाधिष्ठाने पौरजानपदजनानुग्रहार्थं पार्थिवेन etc.

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§274. The Buddhist books similarly testify to the constitutional practice of the king's approaching the Jānapada and the Naigama or Paura for a 'fresh tax' when he intended to undertake a big sacrifice. The royal speech on that occasion is characteristically polite. The form of demand was this:

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"I intend to offer a great sacrifice. Let the gentle-"men ('Venerable Ones,' Rhys Davids) give their sanction "to what will be to me for weal and welfare."[#3]

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If the Paura-Jānapada bodies gave their anumati ('sanction') the king was to perform the sacrifice and the country had to pay a tax for that.⁴

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³ Rhys Davids, Dīgha Nikāya,—Kūṭadanta Sutta § 11. *Dialogues of the Buddha*, Vol. II., p. 176.

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⁴ Dīgha Nikāya,—Kūṭadanta Sutta § 12. इच्छामहं भो महायज्ञं यजितुं अनुजानन्तु मे भोन्तो यं मम अस्स दीघरत्तं हिताय सुखायाति ।

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§ 275. Thus the Paura-Jānapada were approached and begged by the king to grant extra-ordinary taxes; and the Paura-Jānapada demanded and obtained anugrahas or economic privileges from the king. It is not certain but it is very likely that in raising his large armies the king utilised the machinery of the Paura-Jānapada. Two references in the Artha-Śāstra, noticed above, where taxes are coupled with the daṇḍa (army) or raising of army, suggest this possibility.

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§ 276. That the Paura-Jānapada had not business of merely occasional or adventitious nature, is proved by the fact that the Arthaśāstra marks out one period in the king's daily timetable to be devoted to the business of the Paura-Jānapadas.¹ Daily, therefore, matters went up from them to the king. These must have been of an economic and financial nature, and if they had to raise levies for the imperial army, as it seems very probable, the business must have included military matters as well. The daily business before the king suggests a busy time for at least the Inner body or the permanent Samavāya of the Paura-Jānapada.

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¹ *Artha-Śāstra*, Bk. VIII. Ch. 19; 16 (p. 37).

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द्वितीये पौरजानपदानां कार्याणि पश्येत् ।

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Cf. Mahā Bhārata, Śānti Parvan, Ch. 40, 19.

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पौरजानपदानां च यानि कार्याणि नित्यशः।
राजानं समनुज्ञाप्य तानि कार्याणि धर्मतः॥

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§ 277. The above matters were not the only concern of the Paura-Jānapadas. We find Aśoka, after his pilgrimage to Bodh Gaya, discussing his new Dharma with the Jānapada body.¹ Aśoka proposed to impose a new system on the community and to do away with the old orthodox one. He had to feel his way in proceeding with his intended revolution. He sought countenance from the Paura-Jānapada and proclaimed to the public that he had been having the honour of meeting the Jānapada (*darśana*) and discussing the Dharma with them. They were thus a machinery not only for the restricted purposes of taxation and economic advancement but for all vital interests of the country.

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¹ Rock Series VIII (Girnar). वाभणसमणानं दसने च दाने च थैरानं दसने च हिरंणपविधानो च जानपदस च जनस दसनं धंमानुसस्टी च धंमपरिपुच्छा च... See below on the mention of the Jānapada in Pillar Series IV (Hindu Ministry).

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§ 278. We find the Paura receiving communication from the sovereign to execute measures of moment which properly belonged to the jurisdiction of the executive government or Daṇḍa. Tishya-rakshitā, queen of Aśoka, sent the letter which she forged under the name of the Emperor and sealed it with his ivory seal, to the Paura of Takshaśilā. The story as related in the Divyāvadāna may or may not be correct. But the story would not have been detailed in this way if the procedure of sending a royal communication of the nature the missive is said to have embodied, had been unknown at the time the Divyāvadāna was compiled.

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The Paura were asked to inflict punishment on the viceregal prince who had been denounced in the letter as a traitor to the dynasty. The Pauras in the Mṛichchhakaṭika are asked by the people to execute the real culprit Saṁsthānaka who had been treated as innocent by the law-court. The 'Pauras' here probably stands for Paura-Jānapada as they are mentioned after the Janapadasamavāya.

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§ 279. The prince-viceroy was supposed to go to their assembly. The passage in the Mahā-Bhārata implies that the king himself attended the Paura-Jānapada assembly. Aśoka received them with great respect.

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§ 280. The political philosopher Vāmadeva quoted in the Mahā-Bhārata sums up the importance of the Paura and Jānapada by saying that the Paura-Jānapada could make or mar the government. If they were satisfied "the "business of the realm would be done by "them; if they were not satisfied they would make government "impossible, for they became opposers. The king had therefore "to keep them attached by his conduct and by not causing "annoyance to them".³

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¹ राजा ह्यशोको बलवान् प्रचण्ड आज्ञापयत् तक्षशिलाजने हि। उद्धार्यतां लोचनमस्य शत्रोर्मौर्य्यस्य वंशस्य कलङ्क एषः ॥ —*Divyāvadāna*, p. 410. The use of the word *Jana* should be noticed here and should be compared with **जानपदं जन** in Aśoka's inscription and **पौरजानपदो जनः** in the Rāmāyaṇa. The sense is of a collective body.

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² पश्यामि कुनालं...**पौरैः प्रविष्टः**। *Divyāvadāna*, p. 410.

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³ Mahā-Bhārata (Kumbakonam), *Śānti-Parva*, XLIV. 16, **पौरजानपदा यस्य स्यनुरक्ता अपीडिताः।** **राष्ट्रकर्मकरा ह्येते राष्ट्रस्य च विरोधिनः ॥** [The context and grammar show that verse 16 which ought to precede immediately verse 18 has been detached and put in its present position. Verse 17 really reads with verse 15.]

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As the Paura administered relief to the poor and helpless in the capital,¹ the Jānapada did the same in their jurisdiction. It appears from the view of Vāmadeva that when the Jānapada and the Paura withdrew from the duty of poor relief the government of the king was in trouble. They could make the government impossible in so many ways; this may be inferred from their various functions which we have noticed. To them, the trouble caused by the non-performance of poor relief is evidently to be added as a factor of importance. If the Paura-Jānapadas, says Vāmadeva, remain kind to beings, having money and grain (for the purpose), the throne will remain firmly rooted.²

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¹ तथान्धबधिरिद्वाणां संस्कारो यजनक्रिया । etc. See II. p. 72, n.

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² पौरजानपदा यस्य भूतेषु च दयालवः । सधना धान्यवन्तश्च दृढमूलः स पार्थिवः ॥ —*Mahā-Bhārata* (Kumbakonam) *Sānti-Parvan*, XCIV. 18. On the question of the wealth in the hands of the Paura and Jānapada bodies it should be noticed that corporate bodies not only held money and property but could even legally borrow money as is evidenced by the laws of Brihaspati and Kātyāyana (*Viramitrodaya*, p.432).

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§ 281. Another method by which the Paura-Jānapada made the government of a misbehaving king difficult was that the offended Paura and Jānapada would make out a bill and present it to the king to make good all the losses sustained in the kingdom by thefts, dacoities, and the like lawlessness. This s t r a n g e³ procedure is sanctioned even by the Codes of Hindu law. We can understand it only if we bear in mind the Hindu t h e o r y of t a x a t i o n. Taxes were paid to the king as his wages, and the wages were w a g e s f o r p r o t e c t i o n (see § 338 below). The corollary was that if protection which meant both internal and external, was not rendered fully, deductions from the wages of the employee would be made by the employer. The refund bills were presented, according to Yājñavalkya, by the Jānapada, as it is to them, he enjoins on the king, to pay the crown compensation.¹ The passage in the Artha-Śāstra which says that the spies were to prompt the Pauras and Jānapadas to ask for concessions if the frontier barbarians committed raids, also indicates the practice of demanding compensations.

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³ Mr. Govinda Das writes, "Even up to very recent times, I understand that in the Rajput states thefts had to be made good by the king's treasury."

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¹ देयं चौरहृतं द्रव्यं राज्ञा जानपदाय तु। अददद्धि समाप्नोति किल्बिषं यस्य तस्य तत् ॥ —Yājñavalkya II. 36. Compare other passages quoted below.

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Kṛishṇa Dvaipāyana lays down "when the king has "failed to recover the property taken away by thieves it should "be made good from his own purse (Svakośāt) by the impotent "holder-of-the-country."² *Svakośa* in the inscription of Rudradāman was the private purse as opposed to the public treasury. This being the sense of Dvaipāyana, the compensation realized (according to the corresponding law of Yājñavalkya) by the Jānapada amounted to a personal fine on the king.³

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² Śk. XIII. Ch. 2; 171 (p. 394).

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³ प्रत्याहर्तु मशक्यस्तु धनं चौरैर्हृतं यदि। स्वकोशात्तद्धि देयं स्यादशक्तेन महीभृता॥ Quoted in the Mitāksharā on Y. II. 36.

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§ 282. From the evidence of the Mahā-Bhārata, we gather that the members of the Jānapada as well as of the Paura, were generally rich people. And those who were not rich, were not poor either.

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The reference in the Daśakumāra-charita⁴ which represents the king making an illegal request to the president of the Jānapada for the oppression of a particular Grāmaṇī or the head of the village assembly, associates a Jānapada member with the village unit. The Janapada, according to the Artha-Śāstra, was composed of villages and towns.¹ It is permissible to assume that the Jānapada had similarly its constituents in village corporations and townships of the country.

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⁴ Manu VIII. 40. दातव्यं सर्ववर्णेभ्यो राज्ञा चौरैर्हृतं धनम् । According to Nandana it means that the king should make good to all the varṇas the loss sustained from thieves, The great commentator Medhātithi as well gives the same meaning.

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⁵ Daśakumāracharita, Chapter III.

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¹ Artha-śāstra, Bk. II. Chapter I. 19.

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The Grāmaṇī was generally a rich man, a Vaiśya according to a Vedic reference² and a Kshatriya according to the Pāli Canon.³ The members returned to the Jānapada were very likely men from the Grāmaṇī class.

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² Maitrāyaṇī Saṁhitā, I. 6. 5 ; IV. 3, 8.

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³ See above I., p. 89, n.

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The Pāli Sūtra (Kūṭadanta of the Dīgha Nikāya)⁴ which is regarded as almost contemporary in age with the Buddha's time, probably furnishes details of the composition of the Naigama or Paura and the Jānapada. The king invites the Kshatriyas who were 'Negama' or 'Jānapada' for the time-being (anuyuttā negamā cheva jānapadā cha) in the king's country (Rañño janapade), likewise those Negamas and Jānapadas who were officers and councillors (of the Paura and Jānapada), and, Negama and Jānapada Brahmins who possessed 'larger class of houses', and finally, gahapati Negamas and Jānapadas who were of the class of nechayikas. The gahapati class was composed of ordinary citizens—Vaiśyas and Śūdras, freemen cultivating their land or

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⁴ *Dīgha Nikāya*—*Kūṭadanta Sutta*, 12 *et seq.*

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ये भोतो रञ्ञो जनपदे खत्तिया अनुयुत्ता नेगम ाचेव जानपदा च……ये भोतो (etc.) अम्मच्चा पारिसज्जा नेगमा चेव जानपदा च……ये भोतो (etc.) बाह्मणावरुसाला नेगमा चेव जानपदा च……ये भोतो (etc.) गहपतिनेचयिका नेगमा चेव जानपदा च……

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following their trade, 'the lords of their households.' Nechayika probably denoted the richer class of the Grihapati members as opposed to the Mahā-Bhārata's svalpadhanas, the 'small-wealth' members, of the Paura and Jānapada. This shows that the Paura and the Jānapada had almost all the classes of the population. The poor but highly intellectual class of Brahmins probably was not there as the qualification required was based on property of some value. The class of Brahmins whom I have described elsewhere as the aristocracy-in-poverty, *i.e.*, those who lived up to the ideal laid down in the Upanishads and the Dharma Sūtras, would not be included in bodies where property qualification was the law. If we keep this point in view we can understand why Brahmins as a class are mentioned in the Rāmāyaṇa separately, as joining the conference of the Paura-Jānapada to discuss the question of the nomination of Yuvarāja by them.¹ The character of the Jānapada, as representing the whole country, is quite clear. They are called the Rāshtra or the kingdom itself and the Deśa or the Country itself. The Pauras were a fairly large body and presumably the Jānapadas were larger in number.

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¹ > ब्राह्मणा जनमुख्याश्च पौरजानपदैः सह ॥

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§ 263. We have a clear picture of the Paura composition. The description left by Megasthenes,² of the city-

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² See § 256.

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समेत्य ते मन्त्रयितुं समतांगतबुद्धयः ।

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—*Rāmāyaṇa, Ayodhyā Kāṇḍa*, Chapter 11, 19-20 (Kumb.).

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magistrates or the Executive bodies of the Paura of Pātaliputra read in the light of the working system of corporate assemblies of the country, shows that the Paura was divided into several sub-assemblies representing different interests of the Capital. The Paura was a sort of mother association of different bodies. Patañjali, who uses the word Saṃgha in the general sense of a corporate assembly, not limited, as by Pāṇini and also probably by Kātyāyana, to the political Saṃgha, mentions as we have seen, Saṃghas of 5, of 10, and of 20 men.¹ It may be remembered that Kauṭilya also employs the word Saṃgha in the general sense² like Patañjali, although the technical sense of Pāṇini is not unknown to either. The significance becomes clear when we refer to the Mahāvagga (IX. 4. 1.) which lays down that a Saṃgha may have a quorum of 5, 10, 20 or upwards. The Pañchika Saṃgha, therefore, of Patañjali, is the quorum of 5. The boards of 5 members each of Megasthenes were these Pañchika Saṃghas. If the boards of 5 each were the Saṃghas of 5, then they would represent independent bodies, and their joint meeting would be a meeting of the mother association. This interpretation is supported by the fact that the Paura is regarded to have more than one Mukhya or Śreshṭha, chief or president,³ and Megasthenes mentions more than one “City Magistrate.”¹ In the Mudrārākshasa² when Chandanadāsa is called by the Chancellor Chāṇakya (Kautilya), he is shown great respect and asked whether the people were loyal to the new king. Chandanadāsa thereupon speaks for the whole country; but he is only the president of the Jewellers’ Association (Māṇikāra-śreshṭhī). In the Daśakumāracharita, out of the two Paura-Mukhyas one is the president of merchants dealing with foreign trade only.³ In the Artha-Śāstra where spies are sent to the Paura-Jānapadas to sound their political mind, they go to the “associations” or samavāyas (in the plural) of the Tīrthas, of the Sabhā-Śālas, of the Pūga and of the People.⁴ These Samavāyas except the last one are evidently identical with the Boards of Megasthenes (as pointed out above) which looked after public buildings and temples, after manufactured articles, after trade and commerce. We have noticed the datum of Gautama which proves that there were Sūdra members also.⁵ They were probably returned by the Jāti-Saṅghas or the caste assemblies or they might be representing some guild of artisans. The Pūga committee must have been mainly composed of the representatives of trade and commerce, apparently middle-class substantial men. The Paura was thus composed on the basis of different interests in the capital.

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¹ See footnotes under § 257.

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² *Artha-Śāstra*, Bk. III. Ch. 14; 66 (p. 185); तेन सङ्घभृता व्याख्याताः। Bk. II. Ch. 1; 19 (p. 48), सजातादन्यः सङ्घः Bk. III, Ch. III; 62, (p. 173) देशजातिकुलसङ्घानाम्।

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³ *Rāmāyaṇa*, *Ayodhyākāṇḍa*, Ch. XV. v. 2, मुख्या ये निगमस्य च; Ch. XIV. V. 40, पौरजानपदश्रेष्ठा:

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¹ See § 256.

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² Act I. For the date of the Mudrā-Rākshasa (*circa* 400 A.D.) see Jayaswal, *Indian Antiquary*, 1913, p. 265; 1917, p. 275.

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³ *Daśakumāracharita*, Chapter III.

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⁴ *Artha-Śāstra*, Bk. I, Ch. 13; 9 [p. 23].

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⁵ See II., p. 72.

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§ 283. The Rāmāyaṇa gives some details of separate bodies which made up the Naigama, probably about 500 B. C. As the Paura-Jānapada (with the Naigama) appear, taking leading part in the nomination of Rāma as Yuvarāja, so the Paura, Naigama, or Jānapada or probably all of them figure on subsequent occasions when the question of succession to the throne presents itself. In VI (Yuddha) 127. 4, when Rāma is returning to Ayodhyā, the śreṇimukhyas and the 'Gaṇas' or 'Members of the Parliament' (probably the Jānapada) go out to receive him. In verse 16 they are around Bharata along with the Ministers and are mentioned as the Śreṇimukhyas and the Naigamas. The Naigamas consecrate Rāma as representatives of Vaiśya and Śūdra elements of the population (C. 128. 62). When Bharata is called from his maternal home on the death of Daśaratha, the Śreṇis sanction Bharata's proposed succession which is intimated to him (Ayodhyā, C. 79. 4). The "Rāma-Commentary" here explains "Śreṇayaḥ" as "Paurāḥ" and Govinda-rāja as "naigamāḥ." Probably 'Śreṇayaḥ' (Śreṇis) has been used in the primary sense, like the gaṇas of VI. 127, denoting 'the assemblies', *i.e.*, both the Paura and Jānapada. Again when Bharata goes to bring back Rāma from exile or hermitage, the "favourites of the gaṇa" go with him along with the same associates, the ministers etc. (81. 12). These favourites or elected rulers of the gaṇas (83. 10) are referred to, a little further, in connexion with the people of the City,¹ as the Naigamas and 'those who think together' (sam-matā ye) in the company of 'all the ministers.' Immediately following (verse 12 *et. seq.*) are detailed the different bodies or classes of trades and arts who evidently made up the *Naigama*, *e.g.*, jewellers, ivory-workers, stucco-workers, goldsmiths, wood-carvers, spice merchants and so forth.¹ They are rounded up with (verse 15) 'Presidents of townships and villages' (*grāma-ghosha-mahattarāḥ*), which the 'Rāma commentary'² explains as "the Presidents for the time being." As the *naigama* is detailed by its various trades and arts, the Jānapada ('those who think together') is detailed by its component elements—the village and township Presidents. Both these main bodies issue forth from the Capital. The representative assembly of the villages and townships of the realm, as observed above, had their head-quarters at the Capital. But the Naigama which was similarly at the Capital was the general representative body of different trade-guilds and guilds-merchant of the Capital only, as the commentators imply and the equivalent Paura proves.

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¹ Nāgarikas, evidently Pauras.

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¹ Consult Govindarāja on the technical names of trades.

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² ग्रामे घोषे च वर्त्तमाना महत्तराः। Govindarāja explains mahattarāḥ as pradhāna-bhūtāḥ, 'made presidents.'

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§ 284. This conclusion derived from literature is confirmed by certain seals lately discovered at Basārh the ruined site of Vaiśālī. These seals remain learned puzzles in the pages of the reports of the excavation, without the data from literature we have noticed. They become intelligible in the light of the evidence adduced above. One seal bears the legend *Śreshṭhi Nigamasya* while another reads *Śreshṭhi—Sārthavāha—Kulika—nigama*; again another, *Kulika-Hariḥ* or *Prathama-Kulika-Hariḥ*.³ The seals ending with *nigama* are the seals of the mother association of Nigama or Paura. *Kulika* was a judge of the Paura as we have already seen⁴; *Prathama-Kulika* would be thus the first judge of the Paura Court. '*Śreshṭhin*,' 'president,' was evidently the General President. The seal of the '*Sreshthi Sārthavāha Kulika nigama*' legend represented the different sections or *Samavāyas* of the Nigama through their three chiefs. The separate seals related to the separate entities, the corporations sole, *e.g.*, the judicial seal of the *Kulika* judge.

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³ *A. S. R.*, 1913-14, pp. 139, 140 and 153, seals Nos. 282 B, 320 A, 318 A, and 277 A. For discussion on the seals see page 124 *et seq.*

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⁴ See above §§ 49-50, 120 (I, pp. 123-4)

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§ 285. The laws of Paura, alluded to in the general term Grāma or Township, and the laws of Jānapada, as we have seen in the last chapter, are recognised in the Codes of Hindu Law. They were really the resolutions of these bodies. They had the force of law. The law courts enforced them against offending members. The resolutions regulated primarily the conduct of the corporate bodies and their business *inter se*. They were called Samaya, 'law or resolution agreed upon in an assembly' (*sam+ay*). These *Samayas* are called in Manu and Yājñavalkya¹ '*Dharmas*' or Laws. We may recall here that according to Āpastamba, the oldest writer on Dharma yet discovered, all laws originated in *Samayas*.²

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¹ Manu, Chapter VIII., 219—22.

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² Āpastamba, I, 1. 1., अथातः सामयाचारिकान्धर्मान्व्याख्यास्यामः ॥ १

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अत ऊर्ध्वं प्रवक्ष्यामि धर्मं समयभेदिनाम् ॥
यो ग्रामदेशसङ्घानां कृत्वा सत्येन संविदम् ।
विसंवदेन्नरो लोभातं राष्ट्राद्विप्रवासयेत् ॥
निगृह्य दापयेच्चैनं समयव्यभिचारकम् ।
. . . . .
ग्रामजातिसमूहेषु समयव्यभिचारिणाम् ॥

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Yājñavalkya, *Samvid-Vyatīkrama prakaraṇa*, Bk. II., ver. 186,

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निजधर्मविरोधेन यस्तु सामयिको भवेत् ।
सोऽपि यत्नेन संरक्ष्यो धर्मो राजकृतश्च यः ॥

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For definition of Samaya in other codes see § 121, I, p. 124.

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धर्मज्ञसमयः प्रमाणम् ॥ २
वेदाश्च ॥ ३

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Another class of their resolutions was called *Sthiti* (lit. 'fixed,' 'immutable,') or *Deśasthiti*¹ (the *sthiti* of the 'country' or 'country-assembly') which were enforceable against every body. The *Sthiti* was probably the same as the class of their enactments called S a m v i d, 'agreement' or 'laws by agreement.' The *Saṃvids*² were passed by the Jānapada and they were recorded on a roll (*Saṃvitpatra*). They were enacted with the formality of the members taking some special oath. They were binding on the whole kingdom. There is clear evidence of the fact that some-times *Saṃvids* were a g a i n s t t h e i n t e r e s t o f t h e k i n g as some authors of the Codes lay down the exception that those Saṃvids only shall be enforced by the Law Courts which are not opposed to the king.³ The *Samayas* also were put on a roll.⁴

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¹ Vīramitrodaya, p. 120,

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² ग्रामो देशश्च यत्कुर्य्यात्समयेनाविरोधकम्‌ । राजाऽविरोधिकञ्चैव संविच्चैवं प्रदर्शि ता ॥ —Bṛihaspati in Vīramitrodaya, p. 189. धर्मार्थ—'legal and political rules.'

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³ See the above note. Also, निजधर्मविरोधेन यस्तु सामयिको भवेत् of Yājñavalkya.

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⁴ धर्मकार्यप्रवृत्तानां पत्रे धर्म्यो हि समयक्रिया । VM., p. 425.

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These *Samaya* (Samaya-Kriyā) and *Saṃvid* enactments were what we call at present 'Statutes.' They were not *leges* which were embodied in the Hindu Common Law. They were administrative statutes of fiscal and political nature.

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§ 287. It is significant that the S a m v i d class of acts are mentioned in connection only with the Realm Assembly or the Jānapada and the Township Assembly. Guilds and conquered Gaṇas (republics) and similar bodies could not enact Saṃvids The Saṃvid acts thus were the most important of the Paura-Jānapada enactments. Probably

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देशस्थित्यानुमानेन नैगमानुमतेन वा ।
क्रियते निर्णयस्तत्र व्यवहारस्तु बाध्यते ॥
—Bṛihaspati.

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through them it was made known to the country to do a thing, e.g., to give a particular extra tax, or to desist from doing a thing.

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We had an organism or a twin organism, the Paura-Jānapada, which could depose the king, who nominated successor to the throne, whose kindly feelings towards a member of the royal family indicated his chance of succession, whose president was apprized by the king of the policy of state decided upon in the council of ministers, who were approached and begged by the king in all humility for a new tax, whose confidence in a minister was regarded an essential qualification for his appointment as chancellor, who were consulted and referred to with profound respect by a king aspiring to introduce a new religion, who demanded and got industrial, commercial and financial privileges for the country, whose wrath meant ruin to provincial governors, who were coaxed and flattered in public proclamations, who could enact Statutes even hostile to the king, in fine, who could make possible or impossible the administration of the king—an organism with these constitutional attributes was an institution which we will be justified in calling the Hindu Diet.

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The Paura-Jānapada were a powerful check on royal authority. At the same time there were also other influences which kept royal responsibility alive and active.

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