THE TRIUMPH OF BRAHMANISM 279
VIII. 122. They declare that the wise have prescribed these fines for perjury, in order to prevent a failure of justice, and in order to restrain injustice.
VIII. 123. But a just king shall fine and banish (men of) the three (lower) castes (varna) who have given false evidence, but a Brahmana he shall (only) banish.
VIII. 124. Manu, the son of the Self-existent (Svayambhu), has named ten places on which punishment may be (made to fall) in the cases of the three (lower) castes (varna); but a Brahmana shall depart unhurt (from the country).
VIII. 379. Tonsure (of the head) is ordained for a Brahmana (instead of) capital punishment; but (men of) other castes shall suffer capital punishment.
VIII. 380. Let him never slay a Brahmana, though he have committed all (possible) crimes; let him banish such an (offender), leaving all his property (to him) and (his body) unhurt.
Thus Manu places the Brahmin above the ordinary penal law for felony. He is to be allowed to leave the country withdraw a wound on him and with all property in proved offences of capital punishment. He is not to suffer forfeiture of fine nor capital punishment. He suffered only banishment which in the words of Hobbes was only a “Change of air” after having committed the most heinous crimes.
Manu gave him also certain privileges.
A Judge must be a Brahmin.
VIII. 9. But if the king does not personally investigate the suits, then let him appoint a learned Brahmana to try them.
VIII. 10. That (man) shall enter that most excellent court, accompanied by three assessors, and fully consider (all) causes (brought) before the (king), either sitting down or standing. The other privileges were financial.
VIII. 37. When a learned Brahmana has found treasure. deposited in former (times), he may take even the whole (of it); for he is master of everything.
VIII. 38. When the king finds treasure of old concealed in the ground, let him give one half to Brahmanas and place the (other)half in his treasury.
IX. 323. But (a king who feels his end drawing nigh) shall bestow all his wealth, accumulated from fines, on Brahmanas, make over his kingdom to his son, and then seek death in battle.
IX. 187. Always to that (relative within three degrees) who is nearest to the (deceased) Sapinda the estate shall belong; afterwards a Sakulya shall be (the heir, then) the spiritual teacher or the pupil.