History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c62.45.1

v4.c62.45.1

The *Ruler*—The necessity of a ruler is forcibly emphasized in several works. The Ait. Br. I. 14 says that the gods thought they were worsted because they had no king, that therefore they elected one by consent. This shows that military necessities led to kingship. Manu VII. 3 ( = Śukranītisāra I. 71 ) says ' the Creator created the king for the protection of all this world when everything ran through fear hither and thither, as there was then no ruler in the world '. It goes on to say that the Creator proceeded to create Daṇḍa ( the power of punishment ) for the sake of the king and that if the king does not sedulously employ daṇḍa for punishing those that deserve it, the strong would torment the weak as fish are fried on a pike or as in water fish devour each other ( Manu VII. 14 and 20, the last also showing a variant ' jale ' for ' śūle ' ). This idea of *mātsyanyāya* ( the maxim of the larger fish devouring the smaller ones or the strong despoiling the weak ) is frequently dwelt upon by Kauṭilya, the Mahābhārata and other works. It can be traced back to the Śatapatha-brāhmaṇa XI. 1. 6. 24 ' whenever there is drought, then the stronger seizes upon the weaker, for the waters are the law ', which appears to mean that when there is no rain, the reign of law comes to an end and *mātsyanyāya* begins to operate.