Читать книгу The Art of War - Book Set - Carl von Clausewitz - Страница 133

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PERSONS who obstruct, or make any kind of mischief with the flow of water intended for cultivation shall be punished with the first amercement. Construction in the sites belonging to others, of any buildings with a view to attract pilgrims thereto, of abodes of worship (chaitya), or of temples of gods; as also the sale or mortgage, or causing the sale or mortgage, of any long continued charitable building (púrvánuvrittam dharmasetum) shall be punished with the middlemost amercement. Those who are witnesses to such transactions shall be punished with the highest amercement excepting in the case of neglected or ruined buildings. In the absence of claimants to dilapidated religious buildings, villagers (grámáh), or charitable people (punyasíláva) may repair them.

(Blocking the roads.)

Forms of roads and paths have been dealt with in connection with the construction of forts. (First Chapter, Book II).

Obstruction to roads for inferior beasts or men shall be punished with a fine of 12 panas; to roads for superior beasts 24 panas; to roads for elephants or to those leading to fields, 54 panas; to those leading to any buildings or forests (setuvanapatham), 600 panas; to those for burial grounds or villages, 200 panas; to those for dronamukha, a fortress, 500 panas; and those leading to sthániya, country parts, or pasture grounds, 1,000 panas. The same fines shall be meted out in case of ploughing the several roads too deep (atikarshane chaishám); and ¼th of the same fines for ploughing merely on their surface.

If a cultivator or a neighbour makes encroachment upon a field during the time of sowing seeds, he shall be fined 12 panas, unless the encroachment is due to evils, calamities or intolerable occurrences arising otherwise from the field (anyatra doshopanipatávishahyebhyah).

(Settling in villages.)

Taxpayers shall sell or mortgage their fields to taxpayers alone; Bráhmans shall sell or mortgage their Brahmadaya or gifted lands only to those who are endowed with such lands; otherwise they shall be punished with the first amercement. The same punishment shall be meted out to a taxpayer who settles in a village not inhabited by taxpayers. If a taxpayer takes the place of another taxpayer, he shall enjoy all the holdings but the house of the latter. Even the house may be given to the new settler. If a person cultivates an inalienable land of another person who does not cultivate it, such a person shall restore the same after five years enjoyment on taking a certain amount of compensation equivalent to the improvement he made on the lands. Persons who are not taxpayers and who sojourn abroad shall retain the right of ownership (bhogam) of their lands.

(The Head-man of the village.)

When the head-man of a village has to travel on account of any business of the whole village, the villagers shall by turns accompany him.

Those who cannot do this shall pay 1½ 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).

Re-entrance into a village for a person previously sent out of it (nirastasya), is explained by ‘settlement of persons in villages’ (treated of above).

At a distance of 800 angulas around every village, an enclosure with timber posts shall be constructed.

(Trespassing cattle.)

Pasture lands, plains, and forests may be availed of for grazing cattle.

For camels or buffaloes allowed to stray after grazing in pasture grounds, the fine shall be ¼th of a pana; for cows, horses, or asses, 1/8th of a pana; for inferior quadrupeds 1/16th of a pana; and for cattle found lying thereon after grazing, fines shall be double the above; for cattle ever found to live in the vicinity of pasture grounds, the fines shall be four times the above.

Bulls, let out in the name of the village deity (grámadevavrishah), cows which have not passed ten days inside the enclosure after calving, or bulls or bullocks kept for crossing cows shall not be punished. If crops are eaten away by animals, the owner or owners of them shall, if proved guilty, be made to pay twice as much as the loss. Persons driving their cattle through a field without intimating the owner shall be fined 12 panas. Any person who allows his cattle to stray shall be fined 24 panas; cowherds doing the same with the cattle under their care shall be fined half the above. The same punishment shall be meted out for letting cattle graze in flower gardens. For breaking the fence of fields, the punishment shall be double the above. If cattle are allowed to stray and eat the grains stored in houses, a threshing floor, or a court yard, the owners of the cattle shall pay adequate compensation. If beasts maintained in reserve-forests are found grazing in a field, they shall be brought to the notice of the forest officers and the beasts shall be driven out without being hurt or killed. Stray cattle shall be driven out by the use of ropes or whips. Persons hurting them in any way shall be liable to the punishment for assault or violence. Persons who invite (cattle to graze in the fields of others) or who are caught while committing such offences shall by all means be put down. Thus the destruction of pasture lands, fields, and roads is dealt with.

(Non-performance of agreement.)

The fine levied on a cultivator who arriving at a village for work, does not work shall be taken by the village itself. He shall refund not only double the amount of the wages he received promising to work, but also double the value of food and drink with which he has been provided. If the work is one of sacrificial performance (prahavaneshu), then also he shall pay double the amount of the wages. Any person who does not cooperate in the work of preparation for a public show, shall, together with his family, forfeit his right to enjoy the show (prekshá). If a man who has not cooperated 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 a work beneficial to all, he shall be compelled to pay double the value of the aid due from him. The order of any person attempting to do a work beneficial to all shall be obeyed. Disobedience in such a case shall be punished with a fine of 12 panas. If others unitedly beat or hurt such a person so ordering, each of them shall pay double the amount of the fine usually levied for such offence. If among the above offenders one is a Bráhman or a person superior to a Bráhman, he shall first be punished. If a Bráhman does not take part in the combined performance of any sacrifice of his village, he shall not be violated, but may be persuaded to pay a share.

The above rules shall also apply to non-performance of agreements among countries (desa), castes, families, and assemblies.

 Those who, with their united efforts construct 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.

[Thus ends Chapter X "Destruction of pasture lands, fields, and roads," in the section of "Buildings" in Book III, “Concerning Law” of the Arthasástra of Kautilya; end of “Buildings”; and of non-performance of agreements.' End of the sixty-seventh chapter from the beginning.]