History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v5.c71.s1.253

v5.c71.s1.253

The pariṣad made its own rules about prāyaścittas and the king awarded punishments. Which set of rules was earlier it is difficult to say. The king did not very probably interfere with the ecclesiastical jurisdiction of the pariṣad and the brāhmaṇas helped the king in the administration of justice by being judges and by advising him as to the punishments to be imposed (vide Visnu Dh. S. V. 194). Gautama VIII.1, echoing the words of the Śat. Br. V. 4. 4 5, observes:¹⁶⁷ 'the king and the brāhmaṇa with profound learning uphold the moral order in the world (or are upholders of the sacred law). The Āp. Dh. S. (II 5.10.12-16) contains very important information: 'The ācārya shall order those who, while participating according to the śāstras (in the privileges and responsibilities of their castes), have gone astray through the weakness of their senses to perform penances according to the dictates (of the smṛtis) commensurate with their (sinful) acts. If they transgress their ācārya's order he shall take them to the king. The king shall send them to his *purohita* proficient in dharmaśāstra and the science of government. He (purohita) shall order them to perform (proper penances) if they are brāhmaṇas. He shall reduce them by forcible means except corporal punishment and slavery.' So this passage shows that the king helped in carrying out prāyaścittas. Nārada includes 'neglect of penances' among matters solely dependent on the king (prakīrṇaka, verse 3) and not on complaints by private individuals. Devala¹⁶⁸ probably conveys the real position when he says: 'The king is the giver of kṛcchras (i. e his consent is required for actually undergoing the prescribed penances), the learned man who has studied Dharmaśāstras prescribes the prāyaścitta, the sinner carries out the penance and the king's officer sees to the safe performance of the prescribed penance' Parāśara VIII. 28 says 'an assembly should point out the proper penance after getting the permission of the king, it should not be done without reference to him, but slight penance may be done without informing him'. The Par. M. II. part 1. p. 232 explains that this applies to prāyaścittas for sins like *govadha* or those that are greater than it. Devala¹⁶⁹ also has similar verses.