Kautilya refers to a class of Ksatriya
guilds which lived upon both trade and war.
“Kamboja-saurastra-Ksatriya-srenyadayo Vartta-sastropajivinah.”48
Kinds of Corporations - In the age of
Kautilya, numerous industrial organizations functioned. e.g. -
1. Organizations of weavers - i.e.
a. Weavers of cotton cloth.
b. Wool-weavers and blanket-makers
c. Silk-weavers
2. Organizations of miners, who were
employed in extracting minerals.
3. Organizations of metal-manufacturers,
gold and silver-smiths, braziers etc.
4. Organizations of carpenters.
5. Workers in stone or masonry
6. Doctors
7. Musicians, dancers, actors etc.
8. Menials of various grades eg.
bath-servants, shampooers, barbers, washermen, scavengers, servants of various
grades, village-servants etc.
9. Lower artisans, like potters, dyers,
basket-makers, confectioners etc.
10. Sellers and makers of cheap articles
eg. sellers of meat, vegetables or cooked food.
11. Members of various kinds of service eg.
lower officers, clerks etc.49
From the point of view of modern economic
theory, these guilds samghas or srenis can be divided into five categories.
1. Guilds which had the character of joint
commercial undertaking (though not often permanent) with capital of their own
and designated by the name samgha-masons or house-builders may be cited as
examples.
2. Guilds of skilled workmen who were
supplied materials by capitalists and who turned the raw materials into the
fabrics required and were paid according to their out-turn.
3. Guilds of lower class artisans, who
could work independent of capitalistic connection and depended solely on cheap
natural products and on their labour or skill. eg. we may cite potters,
garland-makers and basket-makers.
4. Various grades of menials and low class workmen
like servants, scavengers, charioteers, grooms, barbers, washermen, cooks,
agricultural labourers etc.
5. Men of various professions and
occupations like physicians, nurses, musicians, scribes etc.50
All these industrial as well as other
samghas (corporations) added to the growth of the national economy by their
work.
Early
Dharmasastra Period - A
further stage of development in the organization of guilds is observed in the
period represented by the early Dharma-sastras (2nd Century B.C. to 3rd Century
A.D.). Manu-samhita refers to sreni-dharma or usages of the guilds as having
the force of law.51 It further lays down that - “If a man
belonging to a corporation inhabiting a village or a district
(grama-desa-samgha), after swearing to an agreement breaks it through avarice,
(the king) shall banish him from his realm.”52
The Yajnavalkya-samhita also prescribes
that if a man steals the property of a guild or breas any agreement with it, he
shall be banished from the realm and all his property, confiscated.53
Similar injunction also occurs in the
Visnu-smrti.54 Shortly after the Christian Era, the Guild
organization had developed into a highly important factor in state politics.
Honesty of the
Guilds
Inscriptions refer to guilds and their
activities:-
1) An inscription in a cave at Nasik, dated
in the year 42 (=120 A.D.), records the donation of 3000 Karshapanas by
Ushavadata, son-in-law of Saka Chief Nahapana. The gift was intended for the
benefit of the Buddhist monks dwelling in the cave, and the entire sum was
invested in the guilds dwelling at Govardhana in the following manner.
“2000 in a weavers’ guild, the rate of
interest being one percent per month :
“1000 in another weavers’ guild at the rate
of 75 percent per month.” It is clearly stated that these kahapanas are not to
be repaid, their interest only to be enjoyed. The object of the gift is also
laid down as follows:
‘The 2000 kahapanas at 1 percent per month are the cloth money; out of them
is to be supplied, to every one of the twenty monks who keep the vassa or
retreat in the cave, a cloth money of 12 kahapanas
out of the other thousand is to be supplied the money for kusana a term the
precise significance of which is uncertain.’
In conclusion, we are told that all this
has been “proclaimed (and) registered at the town hall, at the record office,
according to custom.”55
II. Another inscription at Nasik56 dated in
the 9th year King of Isvarasena, who ruled in the 3rd C.A.D, records the
investment of a similar perpetual endowment with the guilds dwelling at
Govardhana, as follows: “In the hands of the guild of Kularikas (probably
potters) one thousand Karsapanas of the guild of Odantrikas (probably workers
fabricating hydraulic engines, water clocks or others) two thousand.” The last
portion of the inscription is mutilated, but enough remains to show that an
amount was also invested with the guild of oil-millers and the sum of 500
kahapanas with another guild. The object of this endowment was to provide
medicines for the sick of the samgha of monks dwelling in the monastery on
mount Trirasmi.
3. An inscription at Junnar records the
investment of the income of two fields with the guilds at konacika for planting karanja trees and banyan trees.57
4. Another inscription at Junnar58 records investment of money with the guild of
bamboo-workers and the guild of braziers.
5. A third inscription at Junnar59 records the gift of a cave and a cistern by
the guild of corndealers.
6. An inscription at Nagarjuinakonda, dated
333 A.D refers to a permanent endowment created by a person for the maintencace
of the religious establishments made by him. The endowment consisted of deposit
of 70 dinaras in one guild and 10 each in three other guilds, out of the
interest of which specific acts had to be done. Only names of two guilds are
legible, namely those of Panika and Pavaka.60
Besides depicting the multifarious
functions of guilds in the economic, social and religious life of the people,
these inscriptions shed interesting light on the way they used to serve the
purpose of modern banks to the public. It is clear from the inscriptions that
the guilds received deposits of public money and paid regular interest on it.
Without a well-established reputation and long standing honesty, the public
would not have deposited such large sums of money for perpetual endowment with
the guilds. The registration of endowments at the town-hall reveals that the
guilds responsibility was fully recognized by the town corporation.
The Constitution of Industrial Corporations
The strongest factor which bound the
constituents as a close homogeneous unit was the operation of the independent
laws of guilds. The evolution of such laws can be traced back to the age of
Gautama (cir.600B.C.) already referred to. like
Gautama, Manu recognises the laws of guilds as being on an equal footing with
those of castes and localities. He holds that a king should give a decision
only after a careful examination of the laws of castes, districts, guilds and
families.61 Yajnavalkya establishes the same law in
somewhat stronger words and recommending the king to punish offenders says :
“If the families, castes, srenis and the
Janapadas deviate from their duty, the king after chastising them, should
establish them on the right path.”62
Narada also seems to be supporting the same
views when he lays down that ‘among heretics, followers of the veda, guilds, corporations, troops,
assemblages and other associations, the king must maintain the usages settled
among them, both in fortified towns and in the open country.63 Brhaspati
goes a step further when he ordains that whatever decision-cruel or kind - the
guilds take regarding the disputes of their members, the king must approve of
it as they are declared to be the masters of their own affairs.64
Brhaspati, by
following the three ways;
1. The first was
kosa which refers to the ordeal by sacred libation described in detail by
Yajnavalkya and Narada. According to it, the person to be examined was made “to
drink three mouthfuls of water in which the image of the deity whom he holds
sacred has been bathed and worshipped. If he should meet any calamity within a
week or fortnight of the ordeal, it should be regarded as proof of his guild.66 Otherwise, he was considered as being worthy
of becoming a member of the guild.
2. The second was
lekhakriya which refer to the written agreement in accordance with which the
new member had to observe all the rules and regulations prescribed for the
guild.
3. The third was
the madhyastha which probably
refers to an arbitrator who could attest to his faithfulness and good behaviour
in his relationships with the organization.67 Besides these members, there were some
executive officers, (Karyacintakah) probably elected by the members of the
guild themselves. These officers had to meet certain requirements. These are
mentioned as follows:
‘They should be
versed in the lore of the Vedas, pure in monetary affairs, and should be the
advisers of the associations in regard to their transactions. The opinion of
them which is sound shall be followed by all members.”68
“Honest persons
acquainted with the Vedas, and with duty, able, self-controlled, sprung from
noble families and skilled in every business shall be appointed as heads of an
association.”69
Persons not
deserving these posts are also mentioned as follows:
‘Enemies,
dissolute, bashful indolent, timid, avaricious, over-aged or very young persons
must not be choosen as officers of affairs.”70
The number of
these advisory officers of the corporations was sometimes, two, at times three
or five. The members of various guilds took advice from them,71 and their advice was binding on them. Any man
who acted contrary to their advice was punished by the king with the first
amercement.72
These executive
officers, though vested with considerable authority could hardly misuse it.
They had to act according to the laws of the corporations. In case of violation
of rules on their part or any other dissension betwen the personnel, the king
had to step in and make the parties conform to the established rules of the
guilds. According to Mitamisra, it was the assembly of guilds which could
punish the offending executive officers.73
The same surety
of justice from the executive officers of guilds is further ensured by
Brhaspati, who ordains that if the officers, actuated by hatred for certain
member of the guild, injured him, it was the duty of the king to restrain them
and punish them if they persisted in their conduct.74
The passage
clearly reveals that in spite of the fact that the kings granted a due
recognition to the authority of the executive officers of the guilds and their
assemblies, their decision was not always final. The individuals victimised by
the officers because of personal grudges had every right to appeal to the king
to get their grievances removed.
The Judicial Power of the Guilds - Besides the executive and judicial
authority enjoyed by the chiefs of the guilds, it is said by Brhaspati that the
srenis had established their own courts of law, where they decided disputes in
accordance with their specific rules.75 It is
also referred to that the rulers had to honour such traditional courts as
otherwise, there was every possibility of rebellion from them. Warning the
rulers for such negligence Brhaspati enjoins:
“The time
honoured institutions of each country, caste and family should be preserved
intact, otherwise, the people will rise in rebellion; the subjects will become
disaffected with their rulers and the army and the treasure will be destroyed.”76
“It was in these
courts that the guilds of artisans, artists, money-lenders, traders, dancers
etc. decided their disputes in accordance with the specific laws chalked out
for their respective bodies.”77
The importance of
the judicial authority of the guilds is further evidenced by the fact that
besides exercising their authority in their own affairs in their autonomous
courts, they are referred to as indispensible members of the common tribunal
constituted by the king for the common people. The following references from
Brhaspati shed abundant light on the point - ‘Relatives, companies (of
artisans), assemblies (of co-habitants) and other persons duly authorised by
the king should decide law suits among men, excepting causes concerning violent
crimes (sahasa).”78
“(Meetings of) kindred,
companies (of artisans), assemblies (of co-habitants) and chief judges, are
declared to be resorts to whom he, whose cause has been previously tried, may
appeal in succession against the passing of a sentence.”
“When a cause has
not been (duly) investigated by (meetings of) kindred, it should be decided after due deliberation by
companies (of artisans); when it has not been (duly) examined by companies (of
artisans) it should be decided by assemblies (of co-habitants); and when it has
not been (sufficiently) made out by such assemblies, it should be tried by
appointed judges.”79
We can safely
infer from the above passages that out of the four ordinary courts mentioned by
brhaspati80, the chiefs of the guilds
were members of the second courts of justice.81 From each of the court, an appeal could be
made successively to the next higher one. The chapter in which these passages
occur deals with the affairs of the common people and has nothing to do with
the specific laws of srenis. Brhaspati has devoted a separate chapter for the
discussion of the sreni laws. The remark that these ordinary courts could deal
only with case not concerned with crimes of violent nature further proves our
contention that the guilds certainly wielded their authority in the general
administration of justice. Besides, two verses of Yajnavalkya and Narada
expressly suggest that the guilds were authorised by the king to look into the
judicial affairs of their people.82 The
term ‘adhikrtah’ is interpreted by
Mitramisra as a person appointed by the king to look into the judicial affairs
of the public or of their own organizations.82
Democratic constitution - Among the various functions performed by the
guilds was the construction of an assembly hall. It is clear from a verse in
Narada that these corporations had chalked out their own rules and regulations
and they were approved by the king.84 It is
alluded to that a drum was beaten to inform the members to assemble in the
corporation hall for the transaction of business.85 References in the various sources indicate
that at the time of the proceedings of the guild assembly, every member was
accorded the liberty of speech. Any member of the guild who opposed a
reasonable remark of the speaker, or who gave no chance to the speaker to
express his independent view or spoke something unparliamentary was punished.86
Likewise, we find
an element of democracy even in the ordinary regulations of the guilds.
Whatever was gained by one member of the corporation belonged to the whole unit.
Whether it was obtained six months or one month back, it was divided in due
proportion amongst all of them.87 Similarly
whatever was obtained or preserved by members of the fellowship or spent on
behalf of the society or acquired through the king’s favour, was the common
property of all the members of the organization.88
When some person
(probably the head of the guild) was deputed for business with a king in the
interest of the corporation, whatever he obtained from the king had to be
distributed amongst all. If he failed to do so, he was compelled by the king to
pay eleven times more than what was given to him.89 The idea behind it was that the honour shown
to one person was itself the honour for all. If spokesmen of an association
borrowed some money for the purpose of the whole unit, and then misappropriated
it or used it for their individual purposes, they had to pay back the whole
amount to the association.90 For, it was rule that
those who had become regular members of the corporations were equally entitled
to property and consequently were liable to the previously incurred debts of
the units. A regular member was similarly entitled to the share of other things
viz; food, grain etc.91
The rule
regarding the punishment of offending chiefs of guilds injected a democratic
element into the guild system. Generally, ordinary cases were decided by the
guild assemblies of which the heads were prominent members. But in case a
dispute between the chiefs and the associations arose, it was the king who
decided the case and brought both the parties back to the right path.92 The king was not supposed to tolerate anything
which was injurious to the interests of the state. Mixed assemblies, unlawful
wearing of arms, mutual attacks amongst themselves, are referred to as acts not
to be tolerated by the king.93
Similar were the
rules regarding the agreement between the parties. Such an agreement had to be
observed by all the parties. He who, though in a position to fulfil the
agreement, failed to do so, was punished by confiscation of his entire property
and by banishment from the town.94 The heads
of srenis in such cases were authorised to expel such persons from the
association.95
Functions of Guilds - Besides following their professional occupations,
the industrial organizations had to perform various other public utility
functions. Discussing the functions of the srenis, Mitramisra states that they
constructed assembly halls for their own purpose, built watersheds for the
supply of drinking water to travellers, raised temples for common worship, dug
pools and maintained gardens for the public at larged. Likewise, sacred
buildings which were damaged were repaired by them. The corporations who
assisted the helpless and the poor to perform the Samskaras i.e. initiation, sacrifical
and cremation ceremonies. If there was famine in the country, they supported
the people till it was over. The term ‘kulayanam nirodhah’ according to mitaksara refers to ‘the damming of
water courses’ by guilds to help the famine - stricken people.96
Profit and Loss - When the members of any organizations of
labourers transacted any business jointly, the profit and the loss was either
shared according to the contribution of each member or according to the
stipulated agreement.97 ‘Each partner was responsible
for what was lost by want of his care, or in consequence of his acting against
the instructions of, or without authorization from, all the other co-partners.’98 When the joint property was endangered by
fate, robbers or the king, members of the association who exerted to save it
were entitled to a tenth part of it.99 Generally
whatever loss or diminution occured was supposed to be borne by all the
partners in proportion to their respective shares.100 It was an established rule of the industrial
organization that to be binding on the rest, and in the case of some doubtful
transaction, all the members were entitled to stand as arbitrators and
witnesses for one another.101
When the smiths,
weavers, carpenters, stone-cutters and leather workers transacted any
industrial business jointly, their share in the profit depended upon the nature
of their work in art and industry.
According to
Brhaspati ;
“The headman in a
unit, or workmen jointly building a house or temple, or digging a pool, or
making articles or leather were entitled to double the share of the profit.”102
As the success of
the joint-stock undertakings rested upon the efficiency of the partners,
Brhaspati has laid down certain qualifications for the membership of such
bodies. According to him such joint undertakings should not be carried on by
prudent men with incompetent or lazy persons or with such as are afflicted by
an illness, or are ill-fated or destitute. Only those persons should be made
partners in co-operative transactions who are of noble parentage, clever,
active, intelligent, familiar with coins, skilled in revenue and expenditure,
and are honest and enterprising.103
The efficient
members thus selected were expected to be very sincere and honest in their
dealings. If they acted otherwise, they were punished. If a partner was found
practising deceit in purchasing or selling goods, he had to expiate for it by
an oath or ordeal.104 If any partner acted
against the wishes of his other partners, or did something against their
express instructions thereby injuring the joint property through his
negligence, he had to give a compensation to all of them.105
But at the same
time, the virtues of a member were not overlooked by the corporation. It has
already been said that a member who saved the corporation’s property from
danger was entitled to a tenth part of it. When a partner died, his share went
to his heirs.106 According to them: “Should any one among the
partners die, his sons or other heirs shall take his share. Failing heirs, it
shall belong to any other partner who is able to officiate for him. Or, if all
are able to officiate for him, they shall take it together.”107
The detailed
rules and regulations regarding the membership, agreement, profit and loss etc.
concerning the industrial corporations along with others expressly indicate
that such bodies had made substantial progress.
The kinds of Industrial and other Organizations
According to the
traditional list, the number of guilds was only eighteen. But during this age,
owing to the growth of crafts and professions, their number had immensely
increased. On the basis of the texts, a gifted historian has compiled a list of
such organizations as follows:
I. Musicians
(Gandharvika); 1. those, who make public proclamations by striking a gong (chakrika),
2. court-bards (vaitalika), 3. actors (nata), 4. dancers (nartaka), 5. athletes
(jhallka), 6. wrestlers (malla) 7. tambourine-players or clappers
(panisvarika), 8. clowns (saubhika), 9. tumblers (langhaka), 12. those who
speak with two voices (dvistavala), 13. reciters (bhanaka), 14. those, who
exhibit tricks with five boys (pancavatuka), 15. singers (gayanaka), 16.
dancers of the tandava variety of dance, associated with siva (tandava), 17. comedians
(hasyakaraka), 18. performers of the drum, trumpet, tabor, kettledrum, cymbal,
flute, the guitar and the lute (tunavapanava-venu-vallak-ekadasi, vina-vadaka),
19. acrobats (gunavarta), 20. those, who guess the feelings of others,
(cetayika) 21. courtesans (ganika)
II. Guildsmen: 1.
goldsmith (sauvarnika), 2. Shroffs or
bankers (hairanyika), 3.
Clock-sellers (pravarika), 4. Workers
in gems (maniprastaraka), 5.
jewellers (prustanika), 6.
gem-cutters (manikara), 7.
conch-workers (sanikhika), 8.
Ivory-carvers (dantakaraka), 9.
Perfumers (gandhika), 10. Silk
weavers (kosavika), 11. Oilmen (tailika), 12. Dealers in clarified
butter in pots (ghrtakundika), 13.
Dealers in rum or sugar factors (gaulika
or gaudika), 14. vendors of water (varika), 15. Factors of cotton (karpasika), 16. Factors of curds (dadhyika), 17. Bakers (pupika), 18. Makers of dried treacle (khandakaraka), 19. Confectioners (modakakaraka), 20. Dealers in the sweets called kandu (kanduka) or cane-workers (kandaka), 21. Grinders of wheatflour (samitakaraka), 22. Grinders of
barley-flour or those who grind fried-grain (saktukaraka), 23. dealers in fruits (phalavanij), 24. Dealers in roots (mulavanij), 25. Pulverisers (curnakutta),
26. Manufacturers of perfumed oils (gandhatailika),
27. Sellers of flour or boiled rice (attavanij),
28. speculators (agrivanij), 29.
Drillers (avidhaka), 30. cooks or
makers of treacle (audapacaka), 31.
Makers of sugar-candies (khandapacaka),
32. dealers in dry ginger (sunthika),
33. Makers of rum (sidhukaraka), 34.
wine-bibers (madhukaraka), 35.
Sugar-dealers (sarkara-vanij) and such other businessmen (Vyavaharika).
III. Artisans and
craftsmen: (silpayatana): 1.
blacksmiths (lohakaraka), 2. Braziers
(tamrakutta), 3. Goldsmith (suvarnakara), 4. Makers of wooden bowls
(taddhukara), 5. Blowers of pipes for
keeping alive furnace fires in factories (pradhvapaka
or pradhmapaka), 6. Testers of
precious metals by rubbing them on touchstones (rosina or rosanya), 7.
Tinsmiths (trapukaraka), 8. Makers of
lead sheets (sisa-piccatakara), 9. Machine-workers (jantrakaraka or yantrakaraka), 10. Garland-makers (malakara), 11. Vegetable growers (parnika, which makes better reading than the obscure purimakaraka), 12. Potters (kumbhakara), 13. Tanners (carmakara), 14. Oven-makers (kandukara), 15. Weavers of wool (urnavayaka), 16. Makers of mail armour (varuthatantravayaka), 17. Makers of
cloth of idols (devata-tantravaya), 18. Dyers (rakta-rajaka), 19. Laundrymen (caildhovaka),
20. Cleaners (rajaka), 21.
Embroiderers (sucika), 22. Weavers (tantravaya), 23. Cotton-weavers (tulavaya), 24. Painters (citrakara), 25. Carpenters and
image-carvers (vardhakirupakaraka),
26. Carvers (kalapattrika), 27.
Basket-makers (pelalaka), 28.
Modellers in clay (pustakaraka), 29.
Plasterers (pustakarmakaraka), 30.
Barbers (napita), 31. hair-dressers
or toilet-makers (kalpika), 32. Wood
or grass cutters (chedaka), 33.
Furnishers or decorators (lepaka),
34. Architects and masons (sthapatisutradha
ra), 35. Barn-makers (uptakostha-karaka), 36. Miners or well-diggers (kupakhanaka), 37. Labourers, who carry
mud (mrttikavahaka), 38. Labourers,
who carry wood (kasthavahaka), 39.
Merchants of straw (trnavanij), 40.
merchants of barks (valkalavanij),
41. Merchants of grass and shrubs (stambavanij),
42. Merchants of bamboos (vamsavanij),
43. Sailors (navika), 44. Raftsmen (odumpika), 45. Workers, who obtain gold
dust by washing off the dirt (suvarnadhovaka),
46. Tricksters (mausthikas) and such
other people.108
The
whole account reviewed above makes it abundantly clear that the guilds made a
great contribution to the social, economic and political development of the
country through the corporate spirit inherent in them.
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