A Code of Gentoo Laws, by Nathaniel Brassey Halhed

That's French for "the ancient system," as in the ancient system of feudal privileges and the exercise of autocratic power over the peasants. The ancien regime never goes away, like vampires and dinosaur bones they are always hidden in the earth, exercising a mysterious influence. It is not paranoia to believe that the elites scheme against the common man. Inform yourself about their schemes here.

Re: A Code of Gentoo Laws, by Nathaniel Brassey Halhed

Postby admin » Fri May 21, 2021 6:31 am

CHAP. XIII. Of Shares in the Cultivation of Lands.

Fallow or Waste Land is of Three Sorts, viz.

1. Land Waste for Two Years, or One Year, which is called Arde Kheel, Half Waste.

2. Land Waste for Three Years, or Four Years, which is called Kheel, or Waste.

3, Land Waste for Five Years, or whatever longer Time it may happen, such Land is called Jungle.

If a Person makes over to another, for the Purpose of Cultivation, Land that has been waste for One or Two Years, and that Person, having, by careful Management, improved the Ground, should raise a Crop from thence, in that Case, of the whole Crop so raised, One Sixth shall go to the Owner of the Ground, and the remaining Five Sixths shall belong to the Cultivator; if this Person above-mentioned, having agreed to take Land of the other, for the Purpose of Cultivation, should afterwards neglect either to cultivate it himself, or to cause it to be cultivated by others, in that Case, whatever Crops other Lands in the same Place, similar to the Lands specified, shall produce upon a Medium, the Cultivator shall give to the Owner of the Ground the Proportion of One Sixth of such Medium Crop, and the Magistrate also shall take from the Cultivator a Fine of the same Value.

If a Man makes over to another, for the Purpose of Cultivation, Land that has been waste for Three Years, or for Four Years, and that Person by Improvement of the Soil raises a Crop there, in that Case, of the whole of the Crop so raised, One Eighth shall go to the Owner of the Ground, and the remaining Seven Eighths shall belong to the Cultivator; if this Person above-mentioned, having agreed to take Land of the other, for the Purpose of Cultivation, should afterwards neglect either to cultivate it himself, or to cause it to be cultivated by others, in that Case, whatever Crops other Lands in the same Place, similar to the Lands specified, shall produce upon a Medium, the Cultivator shall give to the Owner of the Ground the Proportion of One Eighth of such Medium Crop; and the Magistrate also shall take from the Cultivator a Fine of the same Value.

If a Man makes over to another, for the Purpose of Cultivation, Land that has been waste for Five Years, or for any longer Period whatever, and that Person, by Cultivation, raises a Crop there, in that Case, of the whole of the Crop so raised, One Tenth shall go to the Owner of the Ground, and the remaining Nine Tenths shall belong to the Cultivator; if this Person above-mentioned, having agreed to take Land of the other, for the Purpose of Cultivation, should afterwards neglect either to cultivate it himself, or to cause it to be cultivated by others, in that Case, he shall pay the proportionate Value and Fine, in the Manner above specified.

If a Person, by any Reason rendered incapable, neglects to till his own Ground, and another Person, without his express Permission, should cultivate such Land, after it has been waste One Year, or Two Years, or Three Years, or Four Years, and raise a Crop from thence, and the Owner of the Ground, being acquainted with the Cultivation, at the Time thereof, did not forbid it, in that Case, if the Owner of the Ground, within the Space of Seven Years, hath not furnished the proportionate Expence of cultivating the Land, he may not reclaim his Land; but the Cultivator shall be held to give to the Owner of the Land a Proportion of the Crop, after the Manner above specified; if he gives not such Proportion, the Owner of the Land may reclaim his Property, even within Seven Years; also, upon having furnished no Part of the Expence of Cultivation, after Seven Years, the Owner of the Land may take back his Ground: In the same Manner, if Land be cultivated, after lying waste for five or more Years, and the Owner of the Land, within the Space of Eight Years, hath not furnished the proportionate Expence of Cultivation, he may not reclaim his Land, he shall recover it after the Ninth Year; if Land that is not waste be cultivated, in that Case, the Owner may take back his Land, at his own Pleasure.

Upon the Death of any Person, if any other should cultivate the Land of the Deceased that has been waste for One, Two, Time, or Four Years, and jailed a Crop from thence, in that Case, if the Heirs of the Deceased, within the Space of Seven Years, have not furnished the Expence of cultivating that waste Land, they may not take the Ground from that Person; but the Cultivator shall give to the Heirs of the above-mentioned Deceased a Proportion, in the Manner already specified; if he hath not given such Proportion, the Owner of the Land may recover his Land, within the Space of Seven Years; also, after the Eighth Year, if the Heir above-mentioned hath not furnished the Expence, he may take his Land: In the same Manner, if Land be cultivated, after lying waste for Five or more Years, and the Heir aforesaid hath not to the Eighth Year furnished the Expence of cultivating the Waste Land, he shall not have Power to take his Land from that Person, he may reclaim it after the Ninth Year, at his own Pleasure.

When a Person is Absent upon Travel, if another should cultivate his Land, after it has lain waste One, or Two, or Three, or Four Years, and should raise a Crop from thence, in that Case, if neither the Person aforesaid, nor his Heirs, within the Space of Seven Years, have furnished the Expence, upon cultivating such waste Ground, that Ground may not be taken from the other Person; but the Cultivator shall pay to the Person aforesaid, or to his Heir, a Proportion, after the Manner above specified; if he does not give such Proportion, in that Case, the Owner of the Land, or his Heir, within the Space of Seven Years, may take the Land; Also, after the Eighth Year, if the Person aforesaid, or his Heir, have not furnished the Expence, upon cultivating the Waste Land, they may recover the Land: In the same Manner, if Land be cultivated, after lying waste for Five or more Years, in that Case, if that Person aforesaid, or his Heir, within the Space of Eight Years, hath not furnished the Expence, upon cultivating such Waste Land, they may not reclaim the aforesaid Land, they shall recover it after the Ninth Year.

If a Person gives to another, for Cultivation, Land that is not waste, who, by Cultivation, raises a Crop from thence, in that Case, of the whole of that Crop, One Sixth shall go to the Owner of the Ground, and he shall give the remaining Five Sixths to the Cultivator; if this Person above-mentioned, having agreed to cultivate the Land of such other Person, should afterwards neglect either to cultivate it himself, or to cause it to be cultivated by others, in that Case, the Cultivator shall pay the proportionate Value and Fine, in the Manner above specified, in the Section of the Cultivation of Waste Land.

If a Man gives to any Person, for cultivating, Land waste or not waste, he may not take it back from that Person, without some Fault found in him.

If a Man is desirous to cultivate the Land of any other Person, who does not give his Consent for the Cultivation of the same, and, without any Discourse having passed between them, that Man should cultivate the Land, and raise a Crop from thence, the whole of such Crop shall go to the Owner of the Ground, and the Cultivator shall receive Nothing.

If a Man sows Seed upon his own Ground, and by any Chance whatever some of that Seed should fall upon another Person's Ground, and a Crop should arise from thence, that Crop shall go to the Owner of the Ground, and not to the Owner of the Seed.

If a Man hath wowed Seed upon his own Land, and any other Person should spoil that Seed, in that Case, the Magistrate shall chastise that Person, and take a Fine from him, and cause him to make good to the other the Seed so spoiled.  
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Re: A Code of Gentoo Laws, by Nathaniel Brassey Halhed

Postby admin » Fri May 21, 2021 6:44 am

CHAP. XIV. Of Cities and Towns; and of the Fines for damaging a Crop.

Wherever Men of the Tribe of Sooder, and Husbandmen are very numerous, and where there is much Ground fit for Tillage, such Place is called Gram, or a Town.

A Place that hath Eight Cose in Length and Breadth, and on the Skirts of which, on all the Four Sides, is a Ditch, and above the Ditch, on all the Four Sides, a Wall or Parapet, and on all the Four Sides of it are Bamboos, and on the East or North Side thereof a hollow or covered Way, such Place is called Nigher, or a City: In the same Manner, if it hath Four Cose in Length and Breadth, it is called Kheet, or a small City; and if it hath Two Cose in Length and Breadth, it is called Gherbut, or a small City.

The Road for passing and repassing shall be at the Choice of the Inhabitants of a Town; but if a Man Possess only a small Lot of Ground, a small Parcel only of his Ground shall be included in the Road; and whoever has a large Parcel of Ground, a larger Share of his Ground shall be included in the Road.

On each of the Four Sides of a Town, they shall leave Four Hundred Cubits, and from thence commence their Tillage; and on each of the Four Sides of a City, they shall leave Sixteen-Hundred Cubits, and from thence commence their Tillage; and on each of the Four Sides of a small City, they shall leave Twelve Hundred Cubits, and from thence commence their Tillage; and on each of the Four Sides of a smaller City, they shall leave Eight Hundred Cubits, and from thence commence their Tillage; within this Space above specified, no Tillage shall be made: If a Person, having made any Cultivation, neglects to enclose it, and the Crop thereof should be eaten by the Cows, Buffaloes, and such Kind of Animals, the Owner of those Animals, and the Keeper of them, shall not be amenable: If any Person knowingly leaves his Cattle upon such Tillage, and so causes them to feed there, the Magistrate shall punish such a Person in the same Degree as a Thief.

If a Person cultivates Land adjoining to the Road, without enclosing such Land, and the Crop thereof be eaten by Cows, Buffaloes, Horses, Camels, Goats, Sheep, or any such Kind of Animals, the Owner and the Keeper of them shall not be amenable: If any Person knowingly causes his Cattle to feed upon the Crops, the Magistrate shall punish such a Person in the same Degree as a Thief.  

During the Night, if a single Cow should get into any Person's Ground, and feed there, without Hinderance, in that Case, the Magistrate shall fine the Owner of the Cow Five Silver Coins; and if, during the Day, a single Cow hath eaten the Crop upon any Person's Ground, without Hinderance, the Magistrate shall fine the Owner of the Cow Six Silver Coins; Also, if, either during the Day or the Night, a single Cow should feed upon the Crop on any Person's Ground, without Hinderance, for the Space of Two Ghurries, the Magistrate shall fine the Owner of the Cow Two Silver Coins; and if the Cow was under the Care of a Keeper, at the Time of her feeding upon such Crop, the Keeper shall pay the Fine, and pay also to the Owner of the Land the Value of whatever Part of the Crop such Cow hath eaten.

If a Camel hath eaten of the Crop upon the Ground of any Person, the Magistrate shall fine the Owner of the Camel Twelve Silver Coins, and give the Value of such Crop to the Owner of the Land; if the Camel was under the Care of a Keeper, at the Time of eating the Crop upon a Person's Ground, in that Case, the Keeper shall make good the Suit of the Owner of the Ground, and shall also pay the Fine.

If a Horse or Buffalo hath eaten the Crop upon any Person's Ground, the Magistrate shall cause the Owner of the Land to pay the Crop, and shall also fine him Twenty Silver Coins; if the Horse or Buffalo was under the Care of a Keeper, at the Time of eating such Crop, the Owner of them has no Concern therein, the Keeper shall be held to make good both the Fine and the Crop.

If a Goat or a Sheep hath eaten of the Crop upon any Person's Ground, in that Case, the Magistrate shall cause the Owner of the Goat or Sheep to give such Crops to the Owner of the Ground, and shall fine him Four Silver Coins; if the Goat or Sheep was under Care of a Shepherd, at the Time of eating the Crop, in that Case, the Shepherd shall be held to make good both, the Fine and the Crop, the Owner has no Concern therein.

Exclusive of these Animals, whole Names have been above-mentioned, if any other Animal whatever hath eaten the Crop upon any Person's Ground, in that Case, the Magistrate shall cause the Proprietor of the Animal to pay the Crop to the Owner of the Ground, and shall fine him One Pun, Five Gundaes of Cowries; if that Animal was under the Care of a Keeper, the Keeper shall be held to make good both the Fine and the Crop, the Owner hath no Concern therein.

If the Foal of a Mare, or of a Camel, or of a Cow, or of a Buffalo, or of any other Animal, hath eaten the Crop on any Person's Ground, in that Case, the Magistrate shall cause the Owner of the Foal to make good the Crop to the Owner of the Ground, and shall fine him Two Silver Coins; if such Foal was under the Care of a Keeper, while it fed upon such Crop, the Keeper shall be held to make good both the Crop and the Fine, the Owner hath no Concern therein.

If a Cow, or a Buffalo, or a Horse, or a Camel, or any other Animal, hath eaten a great Quantity of the Crop on another Person's Ground, and hath staid there a long Time, without any Disturbance, in that Case, the Magistrate shall cause the Owner of the Animal to make good the Crop to the Owner of the Land, and shall fine him Double of the Rates of Fines already above specified; if the Animal was under the Care of a Keeper, during the Time of eating such Crop, the Keeper shall be held to make good both the Crop and the Fines, the Owner hath no Concern therein.

If a Cow, or Buffalo, or any other Animal, hath eaten the Crop upon any Person's Ground, and hath slept the whole Day, or the whole Night, upon that Ground, in that Case, the Magistrate shall cause the Owner of the Animal to make good the Crop to the Owner of the Ground, and shall fine him Quadruple of the Rates of Fines already above specified; if there was a Keeper, at the Time the Crop was eaten, that Keeper shall make good both the Crop and the Fine, the Owner hath no Concern therein.

If a Person causes any Animal belonging to himself to eat, in his own Sight, the Crop upon another Man's Ground, in that Case, the Magistrate shall cause him to make good the Crop to the Owner of the Ground, and shall punish him in the same Manner as a Thief.

If a Cow, or Buffalo, or a Horse, or a Camel, or any other Animal, being under the Care of a Keeper, hath eaten the Crop upon the Ground of any Person, in such a Manner that there is not any Crop upon that Ground, in that Case, the Magistrate shall fine the Keeper to the utmost of his Worth; if the Keeper is unable to pay a Fine, in that Case, the Magistrate shall take a Fine from the Owner, and shall chastise the Keeper, and shall cause the Crop to be made good to the Owner of the Ground.

If a Horse, or a Camel, or a Buffalo, or any other Animal belonging to any Person, hath eaten the Crop upon another Man's Ground, and this Man makes a Demand for his Crop, in that Case, that Person shall make good such Crop, and shall also give whatever Quantity of Grass may arise upon that Crop.

If a Cow hath eaten the Crop on any Man's Ground, it is not right for that Man to take an Equivalent of such Crop from the Owner of the Cow, if he takes the Equivalent, he is entitled to it, but it is nevertheless a Crime in him.

During the Time that a Keeper is tending Kine, Buffaloes, or such Kind of Animals, if at such Time he attends the Summons of the Magistrate, or is stricken by Lightning, or bitten by a Serpent, or falls down from a Tree, or is carried off by a Tiger, or becomes sick, during these, or any such Kind of Accidents, if the Kine, Buffaloes, or any other Animals, eat the Crop on any Person's Ground, in that Case, the Keeper shall not be amenable; Also, if, while the Owner himself was tending his Kine, Buffaloes, or other Animals, any such Accidents should happen to him, and the Animals aforesaid should eat the Crop on any Person's Ground, the Owner of the Animals shall not be amenable.

A Bull, to whom Cows are driven for leaping, in Expectation of their producing Calves, such Bull is called Beejeshukta; if such Bull eats the Crops upon any Person's Ground, the Owner or Keeper of the Bull shall not be amenable.

A Bull, upon whose Rump, at the Time of the Seradeh, or Festival of any Person, they make a Scar, and let him loose, such Bull goes wherever he chooses; no Person performs the Office of Keeper to such Bull; the Name of such Bull is Bereesocherg: If this Bull eats the Crop upon the Ground of any Person, the Owner of the Bull shall not be amenable.

If a Cow belonging to one Town hath been lost, or hath strayed to any other Town, and there eats the Crop upon the Ground of any Person, in that Case, the Owner and Keeper of the Cow shall not be amenable.

If a Cow, having brought forth a Calf, before the Elapse of Ten Days from the Time of her calving, should eat of the Crop upon the Ground of any Person, in that Case, the Owner and Keeper of the Cow shall not be amenable.

When a Cow, from her own Impulse and Inclination, is accompanying a Bull to be leaped by him, if, at such Time, the Cow aforesaid should eat of the Crop upon the Ground of any Person, in that Case, the Owner and Keeper of the Cow shall not be amenable.

If a Cow, or a Horse, or a Buffalo, or a Camel, or any other Animal, being blind or lame, should eat the Crop upon any Person's Ground, the Owner and Keeper of such Animals shall not be amenable.

If the Magistrate's Elephant, or the Magistrate's Horse, should eat the Crop upon the Ground of any Person, the Owner and the Keeper thereof shall not be amenable.

If a Weasel, or a Mouse, or a Rat, or any such Kind of small Animal, or a Mule, should eat of the Crop upon the Ground of any Person, the Owner and Keeper of these Animals shall not be amenable.

If a Cow without a Keeper, being frightened at feeing an Army, or by a Thunder Storm, or any other Accident, should run away, and eat the Crop upon the Ground of any Person, the Owner of that Cow shall not be amenable.

If a Man hath laid up Hay in a Garden, or any other Place, to feed his own Cattle, and another Person's Cow, or Buffalo, or any other Animal, should eat that Hay, or should eat the Crop upon any Man's Ground, or should go into any Man's House, or Garden, or tilled Land, upon such Fault, that Person has Power to catch and bind the aforesaid Animals, and may also slightly beat them; if, without such Fault, any Person should catch and bind the aforesaid Animals, or beat them, the Magistrate, in that Case, shall hold him amenable.
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Re: A Code of Gentoo Laws, by Nathaniel Brassey Halhed

Postby admin » Fri May 21, 2021 7:19 am

CHAP. XV. Of Scandalous and Bitter Expressions, (i.e. such Expressions as it is a Crime to utter.)

If a Man falsely accuses another, it is called Pak-Parish.

SECT. I. Of the Denominations of the Crime, consisting of Three Distinctions.

1. When a Man utters such Expressions, as that, from those Expressions, any Person becomes suspected of the Atee Patuk, or the Maha Patuk, or the Anoo Patuk.

Atee Patuk is, when a Man commits Incest with his own Mother, or with his own Daughter, or with his Son's Wife.

Maha Patuk is, when a Man murders a Bramin, or when, being a Bramin, he drinks Wine; or when any Person steals Eighty Ashrusies from a Bramin; or when a Man commits Adultery with any of his Father's Wives, exclusive of his own Mother, or with the Wife of a Bramin; when a Man hath committed any One of these Crimes, such Crime is called Maha Patuk: Whoever continues intimate with such a Person, for the Space of One Year, his Crime also is Maha Patuk.

The Modes of Intimacy are as follows, viz.

If a Person hath Discoursed with such Kind of Offenders, or hath contaminated himself by touching them, or hath sat in the same Place to eat with them, or sits upon the same Carpet with them, and sleeps there, or ride together with them in the same Carriage and Conveyance; if such Intimacy continues for the Space of One Year, it is Maha Patuk.

If a Person eats at the same Table with a Man guilty of Maha Patuk, or, by dressing Victuals for a Man guilty of Maha Patuk, gives him to eat, or teaches any Science to a Man guilty of Maha Patuk, in such Cases, an Intimacy of a single Day is Maha Patuk.

Anoo Patuk is, when a Sooder, assuming the Braminical Thread, calls himself a Bramin; or when a Man falsely accuses a faultless Magistrate; or when a Man, by false Reports, makes his Father infamous; or when a Man reads any unorthodox Shaster, and forgets the Beids of the Shaster; or when a Man utters any Abuse against the Beids; or when a Man murders his Friend, or gives false Testimony, or eats the Victuals of the Washerman's Cast, or of the Shoe-Embroiderers Cast, or of any other base Cast; or when a Man spoils another Person’s Goods committed to his Trust; or when a Man deals a Man, or a Horse, or Money, or Land, or Diamonds, or any other Jewels; or when a Man commits Adultery with his Paternal Uncle's Wife, or with his Grandfather's Wife, or with his Wife's Mother, or with the Magistrate's Wife, or with his Father's Sister, or with his Mother's Sister, or with the Wife of a Bramin who hath read the Beids, or with his Tutor's Wife, or with his Friend's Wife, or with the Wife of a Person Descended from the same Grandfather with himself, or with the Wife of a Man of a superior Cast, or with the Wife of a Man of a base Cast, or with a Bramm's unmarried Daughter, or with any Woman during her Catamenia, or with a Woman employed in the Worship of Providence; every One of these Crimes is Anoo Patuk.

2. When a Man falsely accuses another, in such a Manner that he becomes suspected of the Opoo Patuk.

Opoo Patuk is, when a Man hath slain a Cow; or when a Man sells himself, or commits Adultery with another Man's Wife, or forsakes his Father, or his Mother, or his Spiritual Guide, or his Son, without any Fault on their Side; or when a Man, having commenced a Jugg for his whole Life, relinquishes that Jugg; or when any Bramin studies not the Beids; or when a Man marries while his Elder Brother remains unmarried; or when a Man marries his Daughter to such a Person; or when a Man gives the Younger Sister in Marriage while the Elder Sister remains unmarried; or when a Man thrusts his Finger into the Pudendum of an unmarried Virgin; or when a Man, not being of the Bice Cast, engages in Trade while no Calamity obtains; or when a Bramin, or Chehteree, having commenced any religious Act, neglects to complete it; or when a Man sells his Wife, or his Son, or his Daughter, without their Consent; or when a Bramin, a Chehteree, or a Bice, neglects to assume the Gentoo Thread at the proper Period; or when a Man refuses to eat and drink with Men Descended from the same Grandfather with himself, whose Characters are unimpeached; or when a Man accepts any Money to Instruct another in a Science; or when a Man learns any Science of such a Person; or if a Bramin, a single Time, sells Wax or Salt, or the Seed of the Kunjud (from whence Oil is made;) or if a Bramin, as aforesaid, is twice guilty of selling Milk; or, in the Place where Salt is boiled, if a Bramin, as aforesaid, becomes Proprietor of such Place; or when any Person spoils the Plantain Tree, or any such Kind of Tree, which dies after the Fruit has once ripened on it; or when a Man takes to himself a Livelihood from the Money earned by a Woman; or when a Man performs the Jugg to procure the Death of any Person; or when a Man causes any Person to take a Philter, that he may procure an unwarrantable Power over such Person; or when a Man cuts a great Number of live Trees for the Purpose of dressing his Victuals; or when a Man dresses Victuals for himself alone; or when a Man eats his Victuals at the Hands of an Astrologer, or from a Man of the Cast of Deiool, or from a Thief; or when a Man will not pay his Debts; or if a Bramin neglects to perform the Jugg every Day; or when a Man steals Paddee, or Wheat, or Gram, or Doll, or any such Kinds of Grain, or Iron, or Silver, or Brass, or Copper, or any such Kind of Metals, except Gold; or when a Man studies such Kind of Shaster as is not orthodox with respect to Providence; or when he constantly gives up his Time to Dancing, Singing, and Playing upon Musical Instruments; or when a Man commits Adultery with a drunken Woman; or when a Man deprives of Life a Woman, or a Man of the Bice, or Chehteree, or Sooder Cast; or when a Man has no Regard for his latter End, and for religious Acts; all these Crimes are Opoo Patuk.

3. When a Man utters such Expressions, in Behalf of another, as that he becomes suspected of Jatee Bherun Kushker, or of Shunkeree Kurrun, or of Apateree Kurrun, or of Melabhoo, or of Perkernukka.

Jatee Bherun Kushker is, when a Man does any Injury to a Bramin; or when a Man smells at Wine, or Garlick, or Onions; or when a Man hath not a pure Heart towards his Friend; or when a Man strikes any Person on the Buttock.

Shunkeree Kurrun is, when a Man slays an Elephant, or a Horse, or a Camel, or an Ass, or a Stag, or a Sheep, or a Goat, or a Buffalo, or a Snake, or a Fish.  

Apateree Kurrun is, when a Man receives any Goods from a Person of bad Character; or when any Man, except a Bice, engages in Trade; or when any Man becomes the Servant of a Sooder, and when a Man tells Lies.

Melabhoo is, when a Man deprives an Ant of Life, or kills a Bird; or when a Man steals Fruit, or Faggots, or Flowers; or when a Man is not possessed of Patience; or when any Person is drinking Wine, if another Person, during that Time, at the same Feast, eats Fruits, or any other Victuals.

Perkernukka is, any Crime exclusive of the Atee Patuk, and other Eight Sorts of Crimes, which have been above specified. — Of these Three Distinctions of the Pak-Parish, which have been explained, under Nine Subdivisions of Crimes, the several Punishments shall be described respectively.

SECT. II. Of the Punishment for the Pak-Parish, or Scandalous and Bitter Expressions.

If a Man, who is of an equal Cast, and of equal Abilities with another, makes him become falsely suspected of the Crime of Atee Patuk, the Magistrate shall fine him One Thousand Puns of Cowries.

If a Man of an inferior Cast to another, and also of inferior Abilities, falsely makes him suspected of the Crime of Atee Patttk, the Magistrate shall fine him Two Thousand Puns of Cowries.

If a Man of superior Cast, and of superior Abilities to another, falsely causes him to be suspected of the Crime of Atee Patuk, the Magistrate shall fine him Five Hundred Puns of Cowries.

Whoever falsely accuses a Woman of the Crime of Alee Patuk, the Magistrate shall fine him Two Thousand Puns of Cowries.

If a Man of an equal Cast, and of equal Abilities with another, falsely accuses him, saying, "You have committed the Crime of Maha Patuk" the Magistrate shall fine him Five Hundred Puns of Cowries.

If a Man of inferior Cast, and of inferior Abilities to another, causes him to be falsely suspected of the Crime of Maha Patuk, the Magistrate shall fine him One Thousand Puns of Cowries.

If a Man of a superior Cast, and of superior Abilities to another, makes a false Accusation of the Crime of Maha Patuk against him, the Magistrate shall fine him Two Hundred and Fifty Puns of Cowries.

If a Man falsely makes Accusations of the Crime of Maha Patuk against a Woman, the Magistrate shall fine him One Thousand Puns of Cowries.

If a Man of an equal Cast, and of equal Abilities with another, falsely accuses him, saying, "You have committed One of the Crimes of Anoo Patuk" the Magistrate shall fine him One Hundred Puns of Cowries.

If a Man of an inferior Cast, and of inferior Abilities to another, falsely accuses him of the Crime of Anoo Patuk, the Magistrate shall fine him Two Hundred Puns of Cowries.

If a Man of a superior Cast, and of superior Abilities to another, falsely accuses him of the Crime of Anoo Patuk, the Magistrate shall fine him Fifty Puns of Cowries.

If a Man falsely accuses a Woman of the Crime of Anoo Patuk, the Magistrate shall fine him Two Hundred Puns of Cowries.

If a Sooder falsely accuses a Bramin, or a Chehteree, or a Bice, of either of the Crimes of Atee Patuk, or Maha Patuk, or Anoo Patuk, the Magistrate shall cut out his Tongue, and thrust a hot Iron of Ten Fingers breadth into his Mouth.

If a Man of an equal Cast, and of equal Abilities with another, falsely accuses  him of any of the leaaer Crimes of the Opoo Patuk, the Magistrate shall fine him Fifty Puns of Cowries.

If a Man of an inferior Cast, and of inferior Abilities to another, falsely accuses him of any of the lesser Crimes of the Opoo Patuk, the Magistrate shall fine him One Hundred Puns of Cowries.

If a Man of a superior Cast, and of superior Abilities to another, falsely accuses him of any of the lesser Crimes of the Opoo Patuk, the Magistrate shall fine him Twenty-five Puns of Glories.

If a Man falsely accuses a Woman of any One of the lesser Crimes of the Opoo Patuk, the Magistrate shall fine him One Hundred Puns of Cowries.

If a Man of an equal Cast, and of equal Abilities with another, falsely accuses him of any One of the medium Crimes of the Opoo Patuk, the Magistrate shall fine him Two Hundred and Fifty Puns of Cowries.

If a Man of an inferior Cast, and of inferior Abilities to another, falsely accuses him of any One of the medium Crimes of the Opoo Patuk, the Magistrate shall fine him Five Hundred Puns of Cowries.

If a Man of a superior Cast, and of superior Abilities to another, falsely accuses him of any One of the medium Crimes of the Opoo Patuk, the Magistrate shall fine him One Hundred and Twenty-five Puns of Cowries.

If a Man falsely accuses a Woman of any One of the medium Crimes of the Opoo Patuk, the Magistrate shall fine him Five Hundred Puns of Cowries.

If a Man of an equal Cast, and of equal Abilities with another, falsely accuses him of any of the greater Crimes of the Opoo Patuk, the Magistrate shall fine him Five Hundred Puns of Cowries.

If a Man of an inferior Cast, and of inferior Abilities to another, falsely accuses him of any One of the greater Crimes of the Opoo Patuk, the Magistrate shall fine him One Thousand Puns of Cowries.

If a Man of a superior Cast, and of superior Abilities to another, falsely accuses him of any One of the greater Crimes of the Opoo Patuk, the Magistrate shall fine him Two Hundred and Fifty Puns of Cowries.

If a Man falsely accuses a Woman of any One of the greater Crimes of the Opoo Patuk, the Magistrate shall fine him One Thousand Puns of Cowries.

If a Man of an equal Cast, and of equal Abilities with another, falsely accuses him of any One of the lesser Crimes of the Jatee Bherun Kushker, or of the Shunkeree Kurrun, or of the Apateree Kurrun, or of the Melbhoo, or of the Perkernukka, the Magistrate shall fine him Twenty-five Puns of Cowries.

If a Man of an inferior Cast, and of inferior Abilities to another, falsely accuses him of any One of the lesser Crimes of the Jatee Bherun Kushker, or of the Shunkeree Kurrun, or of theApateree Kurrun, or of the Melabhoo, or of the Perkernukka, the Magistrate shall fine him Fifty Puns of Cowries.

If a Man of a superior Cast, and of superior Abilities to another, falsely accuses him of any One of the lesser Crimes of the Jatee Bherun Kushker, or of the Shunkeree Kurrun, or of the Apateree Kurrun, or of the Melabhoo, or of the Perkernukka, the Magistrate shall fine him One Hundred Puns of Cowries.

If a Man falsely accuses a Woman of any One of the lesser Crimes of the Jatee Bherun Kushker, or of the Shunkeree Kurrun, or of the Apateree Kurrun, or of the Melabhoo, or of the Perkernukka, the Magistrate shall fine him Fifty puns of Cowries.

If a Man of an equal Cast, and of equal Abilities with another, falsely accuses him of any One of the medium Crimes of the Jatee Bherun Kushker, or of the Shunkeree Kurrun, or of the Apateree Kurrun, or of the Melabhoo, or of the Perkernukka, the Magistrate shall fine him One Hundred and Twenty-five Puns of Cowries.

If a Man of an inferior Cast, and of inferior Abilities to another, falsely accuses him of any One of the medium Crimes of the Jatee Bherun Kushker, or of the Shunkeree Kurrun, or of the Apateree Kurrun, or of the Melabhoo, or of the Perkernukka, the Magistrate shall fine him Two Hundred and Fifty Puns of Cowries.

If a Man of a superior Cast, and of superior Abilities to another, falsely accuses him of any One of the medium Crimes of the Jatee Bherun Kushker, or of the Shunkeree Kurrun, or of the Apateree Kurrun, or of the Melabhoo, or of the Perkernukka, the Magistrate shall fine him Sixty-two Puns of Cowries.

If a Man accuses a Woman of any of the medium Crimes of the Jatee Bherun Kushker, or of the Shunkeree Kurrun, or of the Apateree Kurrun, or of the Melabhoo, or of the Perkernukka, the Magistrate shall fine him Two Hundred and Fifty Puns of Cowries.

If a Man of equal Cast, and of equal Abilities with another, falsely accuses him of any One of the greater Crimes of the Jatee Bherun Kushker, or of the Shunkeree Kurrun, or of the Apateree Kurrun, or of the Melabhoo, or of the Perkernukka,  the Magistrate shall fine him Two Hundred and Fifty Puns of Cowries.

If a Man of an inferior Cast, and of inferior Abilities to another, falsely accuses him of any One of the greater Crimes of the Jatee Bherun Kushker, or of the Shunkeree Kurrun, or of the Apateree Kurrun, or of the Melabhoo, or of the Perkernukka, the Magistrate shall fine him Five Hundred Puns of Cowries.

If a Man of a superior Cast, and of superior Abilities to another, falsely accuses him of any One of the greater Crimes of the Jatee Bherun Kushker, or of the Shunkeree Kurrun, or of the Apateree Kurrun, or of the Melabhoo, or of the Perkernukka, the Magistrate shall fine him One Hundred and Twenty-five Puns of Cowries.

If a Man falsely accuses a Woman of any One of the greater Crimes of the Jatee Bherun Kushker, or of the Shunkeree Kurrun, or of the Apateree Kurrun, or of the Melabhoo, or of the Perkernukka, the Magistrate shall fine him Five Hundred Puns of Cowries.

If a Man be deficient in a Hand, or a Foot, or an Ear, or an Eye, or a Nose, or any other Member, and a Person of an equal Cast, and of equal Abilities with him, should say to him, in a reproachful Manner, "You are deficient in a Hand, or a Foot, or an Ear, or an Eye, or a Nose, or any other Member," or should say to him, "Such Limb of yours is very beautiful," the Magistrate shall fine him Twelve Puns of Cowries.

If a Man be deficient in a Hand, or a Foot, or an Ear, or an Eye, or a Nose, or any other Member, and a Person of an inferior Cast, and of inferior Abilities to him, should thus say to him, in a reproachful Manner, "You are deficient in a Hand, or a Foot, or an Ear, or an Eye, or a Nose, or any other Member," or should thus say, "This Limb of yours is very beautiful," in that Case, the Magistrate shall fine him Twenty-four Puns of Cowries.

If a Man be deficient in a Hand, or a Foot, or an Ear, or an Eye, or a Nose, or any other Member, and a Person of a superior Cast, and of superior Abilities to him, should thus, in a reproachful Manner, say to him, "You are deficient in a Hand, or a Foot, or an Ear, or an Eye, or a Nose, or any other Member," or should thus say, "This Limb of yours is very beautiful," in that Case, the Magistrate shall fine him Six Puns of Cowries.

If a Woman be deficient in a Hand, or a Foot, or an Ear, or an Eye, or a Nose, or any other Member, and a Man should reproachfully say to her, "You are deficient in such Limbs," or, "Such Limb of yours is very beautiful," in that Case, the Magistrate shall fine him Twenty-four Puns of Cowries.

If a Man of an equal Cast, and of equal Abilities with any Person, who is well skilled in any Profession, should say to him, by way of setting off his own Excellence, "You have no Skill whatever," the Magistrate, in that Case, shall fine him Two Hundred Puns of Cowries.

If a Man of an inferior Cast, and inferior Abilities to any Person, well skilled in any Profession, should say to him, by way of setting off his own Excellence, "You have, in fact, no Skill whatever," in that Case, the Magistrate shall fine him Four Hundred Puns of Cowries.

If a Man of a superior Cast, and superior Abilities to any Person, well skilled in any Profession, should say to him, by way of setting off his own Excellence, "You have no Skill whatever," in that Case, the Magistrate shall fine him One Hundred Puns of Cowries.

If a Man speaks reproachfully of any Country, as, "That Country is most particularly bad," the Magistrate shall fine him Two Hundred Puns of Cowries.

If a Man should say of a Bramin, that, "This Man is no Bramin" or of a Chehteree that, "This Man is no Chehteree" or in such Manner should speak reproachfully of any Cast, in that Case, the Magistrate shall fine him Two Hundred Puns of Cowries.

If a Man should say of a religious Person, that, "This is not a religious Person," the Magistrate shall fine him Two Hundred Puns of Cowries.

If a Man speaks reproachfully of any upright Magistrate, the Magistrate shall cut out his Tongue, or, having confiscated all his Effects, shall banish him the Kingdom. If a Magistrate for his own Good hath passed any Resolutions, whoever refuses to submit to such Resolutions, the Magistrate shall cut out that Person's Tongue.

If a Magistrate, or a Bramin, be convicted of any Crime, they shall not be put to Death; nor shall their Hand, or Foot, or any other Limb be cut off.

If a Man is a Robber, or is secluded from his own Cast, it is not right to call him a Robber, or an Outcast; if any Person should call him a Robber, or an Outcast, the Magistrate shall fine him in Half the Mulct of a Robber, or an Outcast.

If a Man is in Company with a Robber, or is desirous to eat and drink with an Outcast, and another Person should forbid so to do, that Person shall not be amenable.

If a Man speaks reproachfully of his Mother, or of his Father, or of his Spiritual Director, or of his Elder Brother, or of a Woman of good Character, or of his Son, the Magistrate shall fine him One Hundred Puns of Cowries.

If a Man speaks reproachfully of his Wife's Father or Mother, the Magistrate shall fine him Fifty Puns of Cowries.

If Two Persons mutually abuse each other, or mutually utter false Accusations against each other, the Magistrate shall take an equal Fine from both Parties.

In any Affair wherein a Fine has not been specified, the Magistrate nevertheless shall take a Fine from the Party, upon Intelligence of the Affair.

In any Affair where the Cast and Science of the Party are mentioned, a Fine shall be taken, according to the Amount at which that particular Cast and Science are rated.

If a Person, from Intoxication, or Idiotism, should speak reproachfully of any One, the Magistrate shall not hold him amenable.

If a Man should have spoken reproachfully of another, or should have abused him, and afterwards says, "I spoke it inconsiderately, or in jest, and I will not utter such Expressions in future," the Magistrate shall take from him Half the Fine that has been specified for such Fault.

If any Man should say, that, "The Magistrate will die at such a particular Time," the Magistrate shall fine that Person Eight Hundred Puns of Cowries.

If a Man of inferior Cast, proudly affecting an Equality with a Person of superior Cast, should speak at the same Time with him, the Magistrate, in that Case, shall fine him to the Extent of his Abilities.
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Re: A Code of Gentoo Laws, by Nathaniel Brassey Halhed

Postby admin » Sat May 22, 2021 2:51 am

CHAP. XVI. Of Assault.

SECT. I. Of Assault, and of Preparation to Assault.


If a Man assaults, or prepares to assault, another Person, with his Hand, or Foot, or with a Club, or with sand, or with a Weapon, or with a Stone, or with any other Article, it is called Dumr Parish, and hath Three Distinctions, viz.

1. Abkoorun.

2. Neeshungpat.

3. Keheet Derdhen.

Abkoorun is, when a Man is prepared to Assault: Neeshungpat is, when a Man beats another unmercifully, yet so as to shed no Blood from his Body: Keheet Dershen is, when a Man chastises another in such a Manner as to shed Blood.

If a Man of an equal Cast, and of equal Abilities with another, is prepared to throw upon his Body, Dust, or sand, or Clay, or Cow Dung, or any Thing else of the same Kind, or is prepared to strike him with his Hand or Foot, the Magistrate shall fine him One Masheh of Silver.

If a Man of an inferior Cast, and of inferior Abilities to another, is prepared to throw upon his Body, Dust, or sand, or Clay, or Cow Dung, or any Thing else of the same Kind, or is prepared to strike him with his Hand or Foot, the Magistrate shall fine him Three Mashehs of Silver.

If a Man of a superior Cast, and of superior Abilities to another, is prepared to throw upon his Body, Dust, or sand, or Clay, or Cow Dung, or any Thing else of that Kind, or is prepared to strike him with his Hand or Foot, the Magistrate shall fine him Half a Masheh of Silver.

If a Man of an inferior Cast and of superior Abilities to another, or of a superior Cast and inferior Abilities to him, is prepared to throw upon his Body, Dust, or sand, or Clay, or Cow Dung, or any Thing else of that Kind, or is prepared to strike him with his Hand or Foot, the Magistrate shall fine him One Masheh of Gold.

If a Man of an equal Cast with superior Abilities, or of a superior Cast and equal Abilities with another, is prepared to throw upon his Body, Dust, or sand, or Clay, or Cow Dung, or any Thing else of the same Kind, or is prepared to strike him with his Hand or Foot, the Magistrate shall fine him Two Mashehs of Silver.

If a Man is prepared to throw upon a Woman's Body, Dust, or sand, or Clay, or Cow Dung, or any Thing else of the same Kind, or is prepared to strike her with his Hand or Foot, the Magistrate shall fine him Two Mashehs of Silver.

If a Man of an equal Cast, and of equal Abilities with another, throws upon his Body, Dust, or sand, or Clay, or Cow Dung, or any Thing else of the same Kind, or strikes him with his Hand or Foot, the Magistrate shall fine him Ten Puns of Cowries.

If a Man of an inferior Cast, and of inferior Abilities to another, throws upon his Body, Dust, or sand, or Clay, or Cow Dung, or any Thing else of the same Kind, or strikes him with his Hand or Foot, the Magistrate shall fine him Thirty Puns of Cowries.

If a Man of a superior Cast, and of superior Abilities to another, throws upon his Body, Dust, or sand, or Clay, or Cow Dung, or any Thing else of the same Kind, or strikes him with his Hand or Foot, the Magistrate shall fine him Five Puns of Cowries,

If a Man of an inferior Cast and of superior Abilities, or of a superior Cast and inferior Abilities to another, throws upon his Body, Dust, or sand, or Clay, or Cow Dung, or any Thing else of the same Kind, or strikes him with his Hand or Foot, the Magistrate shall fine him Ten Puns of Cowries.

If a Man of an equal Cast with superior Abilities, or of a superior Cast and equal Abilities with another, throws upon his Body, Dust, or sand, or Clay, or Cow Dung, or any Thing else of the same Kind, or strikes him with his Hand or Foot, the Magistrate shall fine him Twenty Puns of Cowries.

If a Man throws upon a Woman's Body, Dust, or sand, or Clay, or Cow Dung, or any Thing else of the same Kind, or strikes her with his Hand or Foot, the Magistrate shall fine him Twenty Puns of Cowries.

If a Man of an equal Cast, and of equal Abilities with another, is prepared to Cast upon his Body, Tears, or Phlegm, or the Paring of his Nails, or the Gum of his Eyes, or the Wax of his Ears, or the Refuse of Victuals, or Spittle, the Magistrate shall fine him Twenty Puns of Cowries.

If a Man of an inferior Cast, and of inferior Abilities to another, is prepared to Cast upon his Body, Tears, or Phlegm, or the Paring of his Nails, or the Gum of his Eyes, or the Wax of his Ears, or the Refuse of Victuals, or Spittle, the Magistrate shall fine him Sixty Puns of Cowries.

If a Man of a superior Cast, and of superior Abilities to another, is prepared to Cast upon his Body, Tears, or Phlegm, or the Paring of his Nails, or the Gum of his Eyes, or the Wax of his Ears, or the Refuse of Victuals, or Spittle, the Magistrate shall fine him Ten Puns of Cowries.

If a Man of inferior Cast and superior Abilities, or of a superior Cast and inferior Abilities to another, is prepared to Cast upon his Body, Tears, or Phlegm, or the Paring of his Nails, or the Gum of his Eyes, or the Wax of his Ears, or the Refuse of Victuals, or Spittle, the Magistrate shall fine him Twenty Puns of Cowries.

If a Man of an equal Cast with superior Abilities, or of a superior Cast and equal Abilities with another, is prepared to Cast upon his Body, Tears, or Phlegm, or the Paring of his Nails, or the Gum of his Eyes, or the Wax of his Ears, or the Refuse of Victuals, or Spittle, the Magistrate shall fine him Forty Puns of Cowries.

If a Man is prepared to cast upon a Woman's Body, Tears, or Phlegm, or the Paring of his Nails, or the Gum of his Eyes, or the Wax of his Ears, or the Refuse of Victuals, or Spittle, the Magistrate shall fine him Forty Puns of Cowries.

If a Man of an equal Cast, and of equal Abilities with another, should Cast upon his Body, Tears, or Phlegm, or the Paring of his Nails, or the Gum of his Eyes, or the Wax of his Ears, or Spittle, or the Refuse of Victuals, the Magistrate shall fine him Forty Puns of Cowries.

If a Man of an inferior Cast, and of inferior Abilities to another, should cast upon his Body, Tears, or Phlegm, or the Paring of his Nails, or the Gum of his Eyes, or the Wax of his Ears, or Spittle, or the Refuse of Victuals, the Magistrate shall fine him One Hundred Puns of Cowries.

If a Man of superior Cast, and of superior Abilities to another, should Cast upon his Body, Tears, or Phlegm, or the Paring of his Nails, or the Gum of his Eyes, or the Wax of his Ears, or Spittle, or the Refuse of Victuals, the Magistrate shall fine him Twenty Puns of Cowries.

If a Man of an inferior Cast with superior Abilities, or of a superior Cast and inferior Abilities to another, should Cast upon his Body, Tears, or Phlegm, or the Paring of his Nails, or the Gum of his Eyes, or the Wax of his Ears, or Spittle, or the Refuse of Victuals, the Magistrate shall fine him Forty Puns of Cowries.

If a Man of an equal Cast with superior Abilities, or of a superior Cast and equal Abilities with another, should Cast upon his Body, Tears, or Phlegm, or the Paring of his Nails, or the Gum of his Eyes, or the Wax of his Ears, or Spittle, or the Refuse of Victuals, the Magistrate shall fine him Eighty Puns of Cowries.

If a Man should Cast upon a Woman's Body, Tears, or Phlegm, or the Paring of his Nails, or the Gum of his Eyes, or the Wax of his Ears, or Spittle, or the Refuse of Victuals, the Magistrate shall fine him Eighty Puns of Cowries.

If a Man of an equal Cast, and of equal Abilities with another, throws upon him, from his Navel downwards to his Foot, any Spue, or Urine, or Ordure, or Semen, the Magistrate shall fine him Forty Puns of Cowries.

If a Man of an inferior Cast, and of inferior Abilities to another, throws upon him, from his Navel downwards to his Foot, any Spue, or Urine, or Ordure, or Semen, the Magistrate shall fine him One Hundred and Twenty Puns of Cowries.

If a Man of a superior Cast, and of superior Abilities to another, throws upon him, from the Navel downwards to the Foot, any Spue, or Urine, or Ordure, or Semen, the Magistrate shall fine him Twenty Puns of Cowries.

If a Man of an inferior Cast and superior Abilities, or of a superior Cast and inferior Abilities to another, throws upon his Body, from the Navel downwards to the Foot, any Spue, or Urine, or Ordure, or Semen, the Magistrate shall fine him Forty Puns of Cowries.

If a Man of an equal Case with superior Abilities, or of a superior Cast equal Abilities with another, throws upon him, from the Navel downwards to the Foot, any Spue, or Urine, or Ordure, or Semen, the Magistrate shall fine him Eighty Puns of Cowries.

If a Man throws upon a Woman, from the Navel downwards to the Foot, any Spue, or Urine, or Ordure, or Semen, the Magistrate shall fine him Eighty Puns of Cowries.

If a Man of an equal Cast, and of equal Abilities with another, throws upon his Body, from the Navel upwards to beneath the Neck, any Spue, or Urine, or Ordure, or Semen, the Magistrate shall fine him Sixty Puns of Cowries.

If a Man of an inferior Cast, and of inferior Abilities to another, throws upon his Body, from the Navel upwards to beneath the Neck, any Spue, or Urine, or Ordure, or Semen, the Magistrate shall fine him One Hundred and Eighty Puns of Cowries.

If a Man of a superior Cast, and of superior Abilities to another, throws upon his Body, from the Navel upwards to beneath the Neck, any Spue, or Urine, or Ordure, or Semen, the Magistrate shall fine him Thirty Puns of Cowries.

If a Man of an inferior Cast with superior Abilities, or of a superior Cast and inferior Abilities to another, throws upon his Body, from the Navel upwards to beneath the Neck, any Spue, or Urine, or Ordure, or Semen, the Magistrate shall fine him Sixty Puns of Cowries.

If a Man of an equal Cast with superior Abilities, or of a superior Cast and equal Abilities with another, throws upon his Body, from the Navel upwards to beneath the Neck, any Spue, or Urine, or Ordure, or Semen, the Magistrate shall fine him One Hundred and Twenty Puns of Cowries.

If a Man throws upon a Woman's Body, from the Navel upwards to beneath the Neck, any Spue, or Urine, or Ordure, or Semen, the Magistrate shall fine him One Hundred and Twenty Puns of Cowries.

If a Man of an equal Cast, and of equal Abilities with another, throws upon him, from the Neck upwards, any Spue, or Urine, or Ordure, or Semen, the Magistrate shall fine him Eighty Puns of Cowries.

If a Man of an inferior Cast, and of inferior Abilities to another, throws upon him, from the Neck upwards, any Spue, or Urine, or Ordure, or Semen, the Magistrate shall fine him Two Hundred and Forty Puns of Cowries.

If a Man of a superior Cast, and of superior Abilities to another, throws upon him, from the Neck upwards, any Spue, or Urine, or Ordure, or Semen, the Magistrate shall fine him Forty Puns of Cowries.

If a Man of an inferior Cast with superior Abilities, or of a superior Cast with inferior Abilities to another, throws upon him, from the Neck upwards, any Spue, or Urine, or Ordure, or Semen, the Magistrate shall fine him Eighty Puns of Cowries.

If a Man of an equal Cast with superior Abilities, or of a superior Cast and equal Abilities with another, throws upon him, from the Neck upwards, any Spue, or Urine, or Ordure, or Semen, the Magistrate shall fine him One Hundred and Sixty Puns of Cowries.

Ira Man throws upon a Woman, from the Neck upwards, any Spue, or Urine, or Ordure, or Semen, the Magistrate shall fine him One Hundred and Sixty Puns of Cowries.

If a Man of an equal Cast, and of equal Abilities with another, is prepared to assault him with a Stone, or with a Piece of Iron or Wood, the Magistrate shall fine him Two Hundred and Fifty Puns of Cowries.

If a Man of an inferior Cast, and of inferior Abilities to another, is prepared to assault him with a Stone, or with a Piece of Iron or Wood, the Magistrate shall fine him Seven Hundred and Fifty Puns of Cowries.

If a Man of a superior Cast, and superior Abilities to another, is prepared to assault him with a Stone, or with a Piece of Iron or Wood, the Magistrate shall fine him One Hundred and Twenty-five Puns of Cowries.

If a Man of an inferior Cast with superior abilities, or of a superior Cast with inferior Abilities to another, is prepared to assault him with a Stone, or with a Piece of Iron or Wood, the Magistrate shall fine him Two Hundred and Fifty Puns of Cowries.

If a Man of an equal Cast with superior Abilities, or of a superior Cast and equal Abilities with another, is prepared to assault him with a Stone, or with a Piece of Iron or Wood, the Magistrate shall fine him Five Hundred Puns of Cowries.

If a Man is prepared to assault a Woman with a Stone, or with a Piece of Iron or Wood, the Magistrate shall fine him Five Hundred Puns of Cowries.

If a Man of an equal Cast, and of equal Abilities with another, should strike him with a Stone, or with a Piece of Iron or Wood, the Magistrate shall fine him Five Hundred Puns of Cowries,

If a Man of an inferior Call, and of inferior Abilities to another, should strike him with a Stone, or with a Piece of Iron or Wood, the Magistrate shall fine him One Thousand Five Hundred Puns of Cowries.

If a Man of a superior Cast, and of superior Abilities to another, should strike him with a Stone, or with a Piece of Iron or Wood, the Magistrate shall fine him Two Hundred and Fifty Puns of Cowries.

If a Man of an inferior Cast with superior Abilities, or of a superior Cast with inferior Abilities to another, should strike him with a Stone, or with a Piece of Iron or Wood, the Magistrate shall fine him Five Hundred Puns of Cowries.

If a Man of an equal Cast with superior Abilities, or of a superior Cast and equal Abilities with another, should strike him with a stone, or with a Piece of Iron or Wood, the Magistrate shall fine him One Thousand Puns of Cowries.

If a Man should strike a Woman with a Stone, or with a Piece of Iron or Wood, the Magistrate shall fine him One Thousand Puns of Cowries.

If a Man unknowingly should Cast upon anothers Body, any Dust, or sand, or Clay, or Phlegm, or Brick, or Stone, or Iron, or Wood, or any Thing else of that Kind, or should strike him therewith, the Magistrate shall not fine him.

If a Man of an equal Cast, and of equal Abilities with another, should haul him by the Foot, or by the Hair, or by the Hand, or by the Cloaths, the Magistrate shall fine him Ten Puns of Cowries.

If a Man of an inferior Cast, and of inferior Abilities to another, should haul him by the Foot, or by the Hair, or by the Hand, or by the Cloaths, the Magistrate shall fine him Thirty Puns of Cowries.

If a Man of a superior Cast, and of superior Abilities to another, should haul him by the Foot, or by the Hair, or by the Hand, or by the Cloaths, the Magistrate shall fine him Five Puns of Cowries.

If a Man of an inferior Cast with superior Abilities, or of a superior Cast and inferior Abilities to another, should haul him by the Foot, or by the Hair, or by the Hand, or by the Cloaths, the Magistrate shall fine him Ten Puns of Cowries.

If a Man of an equal Cast and superior Abilities, or of a superior Cast and of equal Abilities with another, should haul him by the Foot, or by the Hair, or by the Hand, Or by the Cloaths, the Magistrate shall fine him Twenty Puns of Cowries.

If a Man should haul a Woman by the Foot, or by the Hair, or by the Hand, or by the Cloaths, the Magistrate shall fine him Twenty Puns of Cowries.

If a Man of an equal Cast, and of equal Abilities with another, should seize and bind him in a Cloth, and should set his Foot upon him, the Magistrate shall fine him One Hundred Puns of Cowries.

If a Man of an inferior Cast, and of inferior Abilities to another, should seize and bind him in a Cloth, and should set his Foot upon him, the Magistrate shall fine him Three Hundred Puns of Cowries.

If a Man of a superior Cast, and of superior Abilities to another, should seize and bind him in a Cloth, and should set his Foot upon him, the Magistrate shall fine him Fifty Puns of Cowries.

If a Man of an inferior Cast with superior Abilities, or of a superior Cast and of inferior Abilities to another, should seize and bind him in a Cloth, and should set his Foot upon him, the Magistrate shall fine him One Hundred Puns of Cowries.

If a Man of an equal Cast and superior Abilities, or of a superior Cast and equal Abilities with another, should seize and bind him in a Cloth, and should set his Foot upon him, the Magistrate shall fine him Two Hundred Puns of Cowries.

It a Man should seize a Woman, and bind her with a Cloth, and should set his Foot upon her, the Magistrate shall fine him Two Hundred Puns of Cowries.

If a Man of an equal Cast, and of equal Abilities with another, should raise up any offensive Weapon to assault him therewith, the Magistrate shall fine him Five Hundred Puns of Cowries.

If a Man of an inferior Cast, and of inferior Abilities to another, should raise up any offensive Weapon to assault him therewith, the Magistrate shall fine him One Thousand Five Hundred Puns of Cowries.

If a Man of a superior Cast, and of superior Abilities to another, should raise up any offensive Weapon to assault him therewith, the Magistrate shall fine him Two Hundred and Fifty Puns of Cowries.

If a Man of an inferior Cast and of superior Abilities, or of a superior Cast and inferior Abilities to another, should raise up any offensive Weapon to assault him therewith, the Magistrate shall fine him Five Hundred Puns of Cowries.

If a Man of an equal Cast and superior Abilities, or of a superior Cast and equal Abilities with another, should raise up any offensive Weapon to assault him therewith, the Magistrate shall fine him One Thousand Puns of Cowries.

If a Man should raise up any offensive Weapon to assault a Woman therewith, the Magistrate shall fine him One Thousand Puns of Cowries.

If a Man of an equal Cast, and of equal Abilities with another, should strike him with a Weapon, the Magistrate shall fine him One Thousand Puns of Cowries.

If a Man of an inferior Cast, and of inferior Abilities to another, should strike him with a Weapon, the Magistrate shall fine him Three Thousand Puns of Cowries.

If a Man of a superior Cast, and of superior Abilities to another, should strike him with a Weapon, the Magistrate shall fine him Five Hundred Puns of Cowries.

If a Man of an inferior Cast and superior Abilities, or of a superior Cast and inferior Abilities to another, should strike him with a Weapon, the Magistrate shall fine him One Thousand Puns of Cowries.

If a Man of an equal Cast and superior Abilities, or of a superior Cast and of equal Abilities with another, should strike him with a Weapon, the Magistrate shall fine him Two Thousand Puns of Cowries.

If a Man should strike a Woman with a Weapon, the Magistrate shall fine him Two Thousand Puns of Cowries.

If a Man of an equal Cast, and of equal Abilities with another, should strike him with a Weapon, or any Thing else, in such a Manner, as that no Blood flows from him, the Magistrate shall fine him Thirty Puns of Cowries; if a little Blood is shed by the Stroke, the Magistrate shall fine him Sixty-four Puns of Cowries; if the Skin is torn, so that much Blood flows from thence, the Magistrate shall fine him One Hundred Puns of Cowries; if both the Skin and Flesh are torn, and a greater Quantity of Blood is by such Means shed, he shall fine him Twenty-four Ashrusies; if both the Skin and Flesh are torn, and a Bone is broken, and Blood shed, he shall confiscate all his Possessions, and banish him the Kingdom.

If a Man of an inferior Cast, and of inferior Abilities to another, should strike him with a Weapon, or any Thing else, in such a Manner, as that no Blood flows from him, the Magistrate shall fine him Ninety Puns of Cowries; if a little Blood is shed by the Stroke, the Magistrate shall fine him One Hundred and Ninety Puns of Cowries; if the Skin is torn, so that much Blood flows from thence, he shall fine him Three Hundred Puns of Cowries; if both the Skin and Flesh are torn, and a greater Quantity of Blood is by such Means shed, he shall fine him Seventy-two Ashrusies; if both the Skin and Flesh are torn, and a Bone is broken, and Blood shed, he shall confiscate all his Possessions, and banish him the Kingdom.

If a Man of a superior Cast, and of superior Abilities to another, should strike him with a Weapon, or any Thing else, in such a Manner, as that no Blood flows from him, the Magistrate shall fine him Fifteen Puns of Cowries; if a little Blood is shed by the Stroke, he shall fine him Thirty-two Puns of Cowries; if the Skin is torn, so that much Blood flows from thence, he shall fine him Fifty Puns of Cowries; if both the Skin and Flesh are torn, and a greater Quantity of Blood is by such Means fried, he shall fine him Twelve Ashrusies; if both the Skin and Flesh are torn, and a Bone is broken, and Blood shed, the Magistrate shall confiscate all his Possessions, and banish him the Kingdom.

If a Man of an inferior Cast and of superior Abilities, or of a superior Cast and of inferior Abilities to another, should strike him with a Weapon, or any Thing else, in such a Manner, as that no Blood flows from him, the Magistrate shall fine him Thirty Puns of Cowries; if a little Blood is shed by the Stroke, he shall fine him Sixty-four Puns of Cowries; if the Skin is torn, to that much Blood flows from thence, he shall fine him One Hundred Puns of Cowries; if both the Skin and Flesh are torn, and a greater Quantity of Blood is by such Means shed, he shall fine him Twenty-four Ashrusies; if both the Skin and Flesh are torn, and a Bone is broken, and Blood shed, the Magistrate shall confiscate all his Goods, and banish him the Kingdom.

If a Man of an equal Cast and superior Abilities, or of a superior Cast and equal Abilities with another, should strike him with a Weapon, or any Thing else, in such a Manner, as that no Blood flows from him, the Magistrate shall fine him Sixty Puns of Cowries; if a little Blood is shed by the Stroke, he shall fine him One Hundred and Twenty-eight Puns of Cowries; if the Skin is torn, so that much Blood flows from thence, he shall fine him Two Hundred Puns of Cowries; if both the Skin and Flesh arc torn, and a greater Quantity of Blood is by such Means shed, he shall fine him Forty-eight Ashrusies; if both the Skin and Flesh are torn, and a Bone is broken, and Blood shed, the Magistrate shall confiscate all his Goods, and banish him the Kingdom.

If a Man should strike a Woman with a Weapon, or any Thing else, in such a Manner, as that no Blood flows from her, the Magistrate shall fine him Sixty Puns of Cowries; if a little Blood is shed by the Stroke, he shall fine him One Hundred and Twenty-eight Puns of Cowries; if the Skin is torn, so that much Blood flows from thence, he shall fine him Two Hundred Puns of Cowries; if both the Skin and Flesh are torn, and a greater Quantity of Blood is by such Means shed, he shall fine him Forty-eight Ashrusies; if both the Skin and Flesh are torn, and a Bone is broken, and Blood shed, the Magistrate shall confiscate all his Goods, and banish him the Kingdom.

If a Man of an equal Cast, and of equal Abilities with another, should strike him with any Weapon upon the Ear, or upon the Nose, or upon the Hand, or upon the Foot, or upon the Lip, or in the Eye, or upon the Tongue, or upon the Penis, or upon the Joint of the Knee, the Magistrate shall fine him Five Hundred Puns of Cowries; if he strikes upon any of these Limbs above specified, in such a Manner, as that they are thereby cut off, and separated from the Body, the Magistrate shall fine him One Thousand Puns of Cowries.

If a Man of an inferior Cast, and of inferior Abilities to another, should strike him with any Weapon upon the Ear, or upon the Nose, or upon the Hand, or upon the Foot, or upon the Lip, or in the Eye, or upon the Tongue, or upon the Penis, or upon the Joint of the Knee, so that these Limbs are not separated from the Body, the Magistrate shall fine him One Thousand Five Hundred Puns of Cowries; if, by that Stroke, any of these Limbs above specified are cut off, and separated from the Body, he shall fine him Three Thousand Puns of Cowries.

If a Man of a superior Cast, and of superior Abilities to another, should strike him with any Weapon upon the Ear, or upon the Nose, or upon the Hand, or upon the Foot, or upon the Lip, or in the Eye, or upon the Tongue, or upon the Penis, or upon the Joint of the Knee, so that these Limbs are not separated from the Body, the Magistrate shall fine him Two Hundred and Fifty Puns of Cowries; if, by that Stroke, any of these Limbs above Specified are cut off, and separated from the Body, he shall fine him Five Hundred Puns of Cowries.

If a Man of an inferior Cast and Superior Abilities, or of a Superior Cast and inferior Abilities to another, should Strike him with any Weapon upon the Ear, or upon the Nose, or upon the Hand, or upon the Foot, or upon the Lip, or in the Eye, or upon the Tongue, or upon the Penis, or upon the Joint of the Knee, so that these Limbs are not separated from the Body, the Magistrate shall fine him Five Hundred Puns of Cowries; if, by that Stroke, any of these Limbs above Specified are cut off, and separated from the Body, he shall fine him One Thousand Puns of Cowries.

If a Man of an equal Cast and superior Abilities, or of a Superior Cast and equal Abilities with another, should strike him with any Weapon upon the Ear, or upon the Nose, or upon the Hand, or upon the Foot, or upon the Lip, or in the Eye, or upon the Tongue, or upon the Penis, or upon the Joint of the Knee, so that these Limbs are not separated from the Body, the Magistrate shall fine him One Thousand Puns of Cowries; if, by that Stroke, any of these Limbs above Specified are cut off, and separated from the Body, he shall fine him Two Thousand Puns of Cowries.

If a Man should strike a Woman with any Weapon upon the Ear, or upon the Nose, or upon the Hand, or upon the Foot, or upon the Lip, or in the Eye, or upon the Tongue, or upon the Pudendum, or upon the Joint of the Knee, so that these Limbs are not separated from the Body, the Magistrate shall fine him One Thousand Puns of Cowries; if, by that Stroke, any of the limbs above specified are cut off, and separated from the Body, he shall fine him Two Thousand Puns of Cowries.

If a Man deprives another of Life, the Magistrate shall deprive that Person of Life; if a Bramin deprives any Person of Life, the Bramin's Life shall not be taken in return, but he shall be fined One Hundred Ashrusies: A Bramin shall not be put to Death upon any Account whatever.

If a Man has put out both the Eyes of any Person, the Magistrate shall deprive that Man of both his Eyes, and condemn him to perpetual Imprisonment, and fine him Eight Hundred Puns of Cowries.

If a Man strikes a Bramin with, his Hand, the Magistrate shall cut off that Man's Hand; if he strikes him with his Foot, the Magistrate shall cut off the Foot; in the same Manner, with whatever Limb he strikes a Bramin, that Limb shall be cut off; but if a Sooder strikes either of the Three Casts of Bramin, Chehteree, or Bice, with his Hand or Foot, the Magistrate shall cut off such Hand or Foot.


When an Indian sorcerer and sadhu, Guru Padmasambhava was invited to Tibet in the eighth century by King Trisong Detsen, Tsongsten Gampo's successor, and was asked to help this royal chieftain curb the rebellious Bon resistance, a wrathful repression of the indigenous Bon took place, even though much of its iconography and influence remained.

King Detsen was a more ardent practitioner than his predecessor, Tsongsten Gampo but, like him, took a practical approach to the Tibetan Lamaist priesthood that was growing inside Tibet, and who saw the uses of these lamas, in unifying the warring Tibetan chieftain tribes. He now declared Tibetan Lamaism the state religion and, following an Indian custom, awarded landed estates and serfs to the Lamaist monasteries that were already starting to proliferate, as its monastic movement spread, King Detsen was such a zealous Lamaist that he protected the lama clergy by creating a barbaric code that facilitated their guru-worship and future religious dictatorship when he declared:

He who shows a finger to a monk shall have his finger cut off; he who speaks ill of the monks and king's Buddhist policy shall have his lips cut off; he who looks askance at them shall have his eyes put out; he who them shall pay according to the rule of the restitution of eighty times (the value of the article stolen).


-- Enthralled, The Guru Cult of Tibetan Buddhism, by Chris Chandler


If many Persons have assaulted a single Man, in that Case, according to the Rates of Fines that have been specified above, the Magistrate shall take Double of such Fine from every Individual.

If a Magistrate has committed a Crime, and any Person, upon Discovery of that Crime, should beat and ill-Use the Magistrate, in that Case, whatever be the Crime of murdering One Hundred Bramins, such Crime shall be accounted to that Person; and the Magistrate shall thrust an Iron Spit through him, and roast him at the Fire: If a Bramin has committed a Crime of this Kind, One Hundred Ashrusies, as before-mentioned, shall be taken from him, as a Fine; but he shall not be deprived of Life.

If Two Persons, being of equal Cast, are mutually prepared to strike each other with their Fists, the Magistrate shall fine each of them Ten Puns of Cowries; if they strike each other, the Magistrate shall fine each of them Twenty Puns of Cowries.

If Two Persons of equal Cast are mutually prepared to kick each other, the Magistrate shall fine each of them Twenty Puns of Cowries; if they kick each other, he shall fine each of them Forty Puns of Cowries.

If a Man of an inferior Cast, proudly affecting an Equality with a Man of superior Cast, should travel by his Side on the Road, or sit or sleep upon the same Carpet with him, the Magistrate shall take a Fine from the Man of inferior Cast, to the Extent of his Abilities.

If a Sooder sits upon the Carpet of a Bramin, in that Case, the Magistrate, having thrust a hot Iron into his Buttock, and branded him, shall banish him the Kingdom; or else he shall cut off his Buttock.

If a Sooder, out of Pride, should spit his Phlegm upon a Bramin's Body, the Magistrate shall cut off his Lip; and if a Sooder pisses upon a Bramin's Body, the Magistrate shall cut off his Penis; and if he should evacuate backwards his Wind upon a Bramin's Body, the Magistrate shall cut off his Fundament.

If a Sooder hath plucked a Bramin by the Hair, or by the Beard, or should take hold of a Bramin's Neck, or Testicles, the Magistrate shall cut off both his Hands.


If a Man hath beaten another, in such a Manner, that his Limbs are broken, or wounded, the Magistrate shall cause him to pay to that Man, such a Sum of Money as will defray the entire Expence of the Cure.

Whoever, in any Dispute or Disturbance, hath committed any Robbery, or Theft, the Magistrate shall cause him to return to the Owner the Article stolen, and shall fine him in Double the Value thereof.

If a Wife, or a Son, or a Slave, or a Female Slave, or a Pupil, or a Younger Brother, hath committed a Fault, they may be scourged with a Lash, or with a Bamboo Twig, upon any Part of their Body where no dangerous Hurt is likely to happen; but if a Person scourges them beyond such Limitation, he shall suffer the Punishment of a Thief.

If a Pupil commits a Fault, his Master shall chastise him with severe Expressions, and reprove him with Frowns and Anger, and say, "If you commit the same Fault a Second Time, I will beat you;" and if a Pupil commits a Fault in the cold Season, his Master may throw Water upon his Body.

If a Man hath beaten another, and afterwards this Man returns the Beating upon the First, the original Offender shall pay a larger Fine, and the other shall pay a smaller Fine.

If a Man sets fire to another Person's House, with Intent to destroy him, or causes that Person to take Poison, or is desirous to murder him with a Sword, or carries away that Person's Wife from his House, and keeps her to himself, or plunders all that Person's Effects, or his Tillage, in that Case, if the latter deprives the former of Life, he shall not be amenable; but he shall not kill either a Cow or a Bramin, such as these are separately treated of in the Chapter of justice.

If a Man of inferior Cast scurrilously abuses a Man of a superior Cast, and afterwards the superior Cast chastises the inferior, in that Case, the superior Cast shall not be amenable.

If a Man, out of Malice, having inflicted a Wound upon his own Body, should make complaint against any other Person, in that Case, the Magistrate shall attend to the Sound of his Voice, as it comes from his Throat, to find out the Cause of the Wound; as whether, at the Time the Wound was received, both the Parties were in the same Place, or in different Places, whether the Person accused is capable of giving such a Wound or no; upon Investigation of this Kind, if the Voice in that Person's Throat should vary, or if there is the instrumental Cause of the Wound produced, or if both Parties were in One Place when the Wound was given, or if the wounded Person is capable of chastising the other, in that Case, it shall be proved, that the Accused hath given the Wound; if the Cause cannot thus be settled, Witnesses shall be called and examined, or an Oath, or the Purrikeh, shall be taken; and upon Discovery of the Truth, whatever Fine has been above specified in such Cases, the Magistrate shall take such a Fine from the Person who is convicted.

Whoever murders a Man, if another Person gives such Murderer an Asylum or Food, or hath furnished him with any Weapon for the Commission of such Murder, the Magistrate shall fine that Person One Thousand Puns of Cowries.

SECT. II. Of Cases, where no Fine is taken.

When a Woman is born from a Woman of the Sooder Cast, and a Man of the Chehteree Cast, such Woman is called Wokree; and the Son that is born from a Woman of the Chehteree Cast, and a Man of the Sooder, is called Kehta; and the Son that is born from the Woman Wokree, and the Man Kehta, is called Shepak; if the Shepak should abuse or assault any Person, that Person may chastise him; if of himself he is unable to chastise him, in that Case, the Magistrate shall punish him according to the Fault, and shall not take a Fine from him.

A Person born an Eunuch, a Man of the Chendal Cast, or of the Fisherman Cast, or of the Hunter Cast, or of the Elephant Driver's Cast, or of the Gerhejat Slave (a Slave that is born of the Body of a Female Slave) if these should assault or abuse any Person, that Person may chastise them; if of himself he is unable to chastise them, the Magistrate shall chastise them according to their Fault, but shall not take a Fine.

A Bramin's Son, who hath not assumed the Braminical Thread until Fifteen Years of Age, is called Berayut; also a Man of any low Cast, upon touching whom, the Ashnaw (that is Purification by Bathing) must be performed, also whatever Son is born of a Mother of a superior Cast, and a Father of an inferior Cast, if these Persons assault any Man, that Person may chastise them; if of himself he is unable to chastise them, the Magistrate shall chastise them according to their Fault, but shall not take a Fine.

He who teaches the Goiteree is called Acharige; whoever contradicts the Words of such Acharige, or whoever is constantly guilty of Deceit and Imposition, or who is guilty of the Crimes of Maha Patuk, or Atee Patuk, or any such Crimes, if such Men as these should assault any Person, that Person may chastise them; if of himself he is unable to chastise them, the Magistrate shall punish them according to their Fault, but shall not take a Fine from them.

SECT. III. Of the Fines for the Death of Animals.

If a Man deprives of Life, a Goat, or a Horse, or a Camel, the Magistrate shall cut off One Hand and One Foot from him.

If a Man causes the Testicles to be cut from any Animal, as a Bull, or a Horse, or a Goat, or any such Kind of Animal, the Magistrate shall fine him Fifty Puns of Cowries.

If a Man kills a Bird of small Value, the Magistrate shall fine him Three Puns of Cowries; if it be somewhat more valuable, he shall fine him Twelve Puns of Cowries; and if it be an exceeding fine Bird, the Magistrate shall fine him Fifty Puns of Cowries.

If a Man kills a Fish, the Magistrate shall fine him Ten Puns of Cowries.

If a Man kills an Insect, the Magistrate shall fine him One Pun of Cowries.

Of wild and Sylvan Animals, such as Stags, Sheep, Tigers, Bears, and such Kind of Animals; if a Man kills One of the least valuable, the Magistrate shall fine him Three Puns of Cowries; if it be something better, he shall take Twelve Puns of Cowries; if it be One of the molt valuable of these Animals, in that Case, the Magistrate shall fine him Fifty Puns of Cowries.

If a Man kills a Serpent, or a Cat, or a Weasel, or a Dog, or a Boar, if it be not One of the most prized, the Magistrate shall fine him Three Puns of Cowries; if it be of the best Species, he shall fine him Twelve Puns of Cowries.

If a Man employs in Ploughing, or any other Work, a Cow big with Calf, or the Bull called Ocherg, or the Bull called Beejeshukta, or a very aged and infirm Cow (of which several Cattle an Account is written in the Chapter of Cities and Towns) the Magistrate shall fine him Fifty Puns of Cowries; and if he deprives any such of Life, he shall fine him One Thousand Puns of Cowries.

Whoever gains his Subsistence by killing Animals, and selling their Flesh, Skin and Bones, if such Person kills these Animals, the Magistrate shall not fine him; and exclusive of such Person, if any other Man kills any Animals, the Magistrate shall take from him a Fine, after the Rate above-mentioned.

If a Man kills a He-Goat, or a Sheep, or a Buffalo, or any other Animal of this Kind, for a Sacrifice to Dewtah (i.e.) the Deity, he shall not be amenable.

If a Man sells the Flesh of Dogs or Jackals, calling it the Flesh of Goats or Stags, the Magistrate shall fine him One Hundred Puns of Cowries; if he is constantly guilty of this Practice, the Magistrate shall cut off his Hand and his Nose, and break his Teeth, and fine him One Thousand Puns of Cowries.

If a Hackery Driver, at the Time of driving the Hackeries, should say, "Let all the People keep on One Side, this is the Road for the Hackeries," upon this Warning given by the Driver, if any Person should fail to go on that Side, and, by falling under the Hackery, should lose his Life, in that Case, it is no Fault of the Driver; but if the Hackery Driver neglects to give Warning, and any Person should be killed by falling under the Hackery, in that Case, upon the Man's Death, the Driver shall suffer the same Punishment as a Thief: If a Cow, or an Ass, or a Camel, or a Horse, or a Buffalo, or any such Kind of Animals, should be killed by falling under a Hackery, the Magistrate shall take Half the Fine, according to the Rates of Fines for killing such Animals, herein above specified; if the Foal of an Elephant, or of a Horse, or of a Camel, or of any such Kind of Animal be killed, the Magistrate shall take a Fine of Two Hundred Puns of Cowries; if a fine Fawn or a Bird should be killed, he shall take a Fine of Fifty Puns of Cowries; and if an Ass, or a Goat, or a Sheep, should be killed, he shall fine him Five Mashehs of Silver; and if a Dog or a Weasel be killed, he shall fine him One Mashesh of Silver.


If the Owner of a Hackery hires an incapable Driver, who is not well experienced  in his Business, by whose Want of Skill any Animal, either Man, or Beast, or Bird, should lose its Life, the Magistrate shall fine the Owner of the Hackery Two Hundred Puns of Cowries.

If any of these Kind of Animals above-mentioned should be killed, the Magistrate shall cause the Person who killed them, to give an Animal of the same Kind to the Owner of the Animal destroyed, and shall take a Fine, according to the Rate already above specified.
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Re: A Code of Gentoo Laws, by Nathaniel Brassey Halhed

Postby admin » Sat May 22, 2021 4:09 am

CHAP. XVII. Of Theft.

SECT. I. Of Theft open and concealed.




Theft is, when a Man takes away any Thing without the Sight and Knowledge of the Owner of it, or without the Sight and Knowledge of the Person to whom it was intruded, and afterwards says, "I have not taken such Article;" and this admits of Two Distinctions, open Theft, and concealed Theft. — Open Theft is, when a Man, having weighed and learnt the Weight of any Article, commits a Theft in that Weight, upon Delivery or the Article; as for Instance, a Goldsmith, or an Ironmonger, or a Grocer, or any such Person who deals by Weight; or a Physician, who, not giving to a diseased Person the Physick proper for his Disorder, administers such unsuitable Remedies, as that by them the Sickness of the Diseased becomes more violent, and who afterwards says, "This Man is seized with a most difficult Disorder," and, upon saying this, takes any Thing for his Physick; or any Person, who, by the Chances of the Dice, or by any other Games of the same unlawful Nature, takes away a Man's Property; or an Arbitrator, who receives a Bribe from either Plaintiff or Defendant; or, in a Case, where several Persons have been jointly employed upon One Business, if any One of them deceives all the rest, and appropriates ought to himself; or if a Person should say to another, "Some great Misfortune and Calamity is coming upon you, give me something, that I may make Offerings to Dewtah, to avert his Calamity from you," and afterwards should appropriate to himself the Article given, instead of making such Offerings therewith; or a Man, who, concealing the Fault of any blemished Commodity, sells it for the Price of an unblemished Article of the same Kind; or when a Man, by giving false Witness, takes away anothers Property; or a Man, who, by shewing Tricks with Conjurors and Jugglers, gets any Thing; or a Man, who, either by terrifying another, or by cajoling him, contrives to get any Thing from him: These are called open (or apparent) Thefts. Exclusive of these, all other Kinds of Theft, such as House-Breaking, and other various Schemes of Robbery, are called concealed Theft: Both these Kinds of Thieves, the Magistrate shall apprehend; and, having told to the People the Fact of the Theft, shall take a Fine from the Thief, to the Value of whatever Goods he hath stolen. Also, whoever associates with Thieves, or is found to have about him any Instruments for piercing through Walls, or other Implements of Robbery, or any Goods that have been stolen from any Person, such Persons shall be apprehended, convicted of Theft, and the Punishment of a Thief without fail be inflicted on them; for, by punishing Thieves, the Reputation of the Magistrate is extended, and the Tranquillity of the Kingdom secured.

SECT. II. Of the Fines for open Theft.

If a Man, in weighing any Article, hath by any Means with-held One Eighth of the Whole, the Magistrate shall fine him Two Hundred Puns of Cowries; if he hath thus with-held One Ninth, in that Case, out of the Two Hundred Puns of Cowries, One Eighth shall be deducted, and the other Seven Parts shall be taken as a Fine; if he hath committed a Theft of One Seventh, he shall be fined Two Hundred Puns of Cowries, and also One Eighth of that Sum in Addition; and if a Man, in computing, or in writing, or in the Price of any Article, or in any Mode of the same Kind, commits a Theft of One Eighth, the Magistrate shall fine him according to the aforesaid Rates; if he is frequently guilty of this Kind of Theft, he shall cut off the Hair of his Head;* [Loss of Cast.] and whoever has a Passion, or ruling Propensity to such Thefts, his Ear, or his Nose, or his Hand, or some such Limb shall be cut off; if a Person, giving to another any inconsiderable Article, in Exchange for it, by some Device or Deceit, procures an Article of Value, or if he takes at a low Price any Article that should be prized very high, if, by such Device and Deceit, he hath occasioned to the other a Loss of One Sixth, the Magistrate shall fine him Two Hundred and Fifty Puns of Cowries; if there is a Loss of One Fifth, or of a still greater Proportion the Magistrate shall fine him Five Hundred Puns of Cowries.  

If a Man, proffering to sell Grain for Seed, should sell Grain which is not fit for Seed, the Magistrate shall chastise him, and take a Fine according to the Offence.

If a Man conceals the Faults of any blemished Commodity, or mixes good and bad Articles together, and sells them all as good, or refits any old Article, and sells it as new, the Magistrate shall cause him to give Double the Price of the Purchase to the Purchaser, and shall fine him in the original Price of the Purchase.

If a Man shews to another, the Butkarah, or his own Stone Weight, and, going from the Shop to any other Place, says, "This Stone is in Weight One Seer," whereas, in truth, the Stone weighs less than One Seer, and the other Person being ignorant of the Deficiency of Weight in the above-mentioned Stone, should sell any Goods in the Shop of that Man, by the Weight of that Stone, in that Case, the Magistrate shall fine that Man Eight Times the Price of the Commodity sold; and if he is frequently guilty, of that Crime, the Magistrate shall confiscate all his Goods.

Whoever Uses a Pair of false Scales, and adjusts them fraudulently, the Magistrate shall fine him One Thousand Puns of Cowries; whoever tries Gold and Silver, if he says, that, adulterated Gold or Silver is pure and fine, and gives it to any Man as such, or if he says of pure Gold or Silver, that, it is adulterated, and takes it as such, the Magistrate shall fine him One Thousand Puns of Cowries.

If the Magistrate's Counsellor gives Advice void of justice, or gains a Subsistence by constantly receiving Bribes, the Magistrate shall confiscate all the Possessions of such Persons, and banish them the Kingdom.

If a Physician, unskilled in the Art of Physick, causes any One to take a Medicine, or, if skilled in his Profession, he gives not to a sick Man the Remedy proper for his Disorder, in that Case, if he hath administered his Physick to a Man of a superior Cast, the Magistrate shall fine him One Thousand Puns of Cowries; if he hath given it to a Man of an inferior Cast, he shall fine him Five Hundred Puns of Cowries.

If a Man, by Device or Deceit, takes any Thing from a Person, who cannot distinguish between Good and Evil, the Magistrate shall fine him Five Hundred Puns of Cowries.

If a Man, ignorant of Astrology, tells the Magistrate of his own accord, that, some Calamity will happen to him, the Magistrate shall fine him, according to the Extent of his Fortune.

If a Washerman wears another Man's Cloaths, the Magistrate shall fine him Three Puns of Cowries.

If a Man sells White Copper, and Tutanague made to counterfeit Silver, the Magistrate shall break the Hand, Nose, and Teeth of such Person, and fine him One Thousand Pans of Cowries.

If a Man sells Silver, or any other Article made to counterfeit Gold, the Magistrate shall break his Hand, Nose and Teeth, and fine him One Thousand Puns of Cowries; if he is constantly guilty of such Practices, the Magistrate shall cut him into Pieces with a Razor.


If a Man sells any White Stone made to counterfeit a Jewel, or the Thread of Cotton made to counterfeit Silk, or common Fuel Wood made to counterfeit sandalwood, in selling such Counterfeits, whatever Price he has exacted, greater than the real Value of the Article, the Magistrate shall take Eight Times as much from him as a Fine.

If a Man sells Clay made to counterfeit Musk, or any other Articles, in selling it, whatever Price he has exacted, greater than the real Value of such Article, the Magistrate shall take Eight Times as much from him as a Fine; and whatever Price the Purchaser hath given, he shall receive it back again, and the Magistrate shall return to the Seller the Article sold.

If a Man sells any Article, by a nice Imitation and Counterfeit made to look like Pearls or Coral, whatever Price he hath received for such Article, the Magistrate shall return that Price to the Purchaser, and shall take Double of that Sum as a Fine, and the Seller shall receive back the Article sold.

Gold, which, on being burnt One whole Day and Night, loses Nothing of its Weight, is called pure Gold; when a Man shews such Gold to a Person well skilled in allaying that Metal, and requires his Opinion of that Gold, if that Man answers, that, the Gold in Question is not pure, in that Case, the Magistrate shall fine him according to his Means.

If One Hundred Tolechehs of Silver, upon being melted One whole Day and Night in the Fire, are but Two Tolochehs deficient, such Silver is called pure; when a Man shews some such Silver to a Person well skilled in assaying that Metal, and requires his Opinion of that Silver, if that Person answers, that, "The Silver in Question is not pure, the Deficiency will be greater than the customary Two Tolechehs" in that Case, the Magistrate shall fine him according to his Means.  

If One Hundred Tolechehs of Arzeez (Tin) and Lead, upon being melted One whole Day and Night in the Fire, are but Eight Tolechehs deficient, such Arzeez and Lead are pure; when a Man shews some such Arzeez and Lead to a Person well skilled in assaying those Metals, and requires his Opinion thereon, if that Person answers, that, "This Arzeez and Lead are not pure, the Deficiency will be greater than that of the usual Eight Tolechehs" in that Case, the Magistrate shall fine him according to his Means.

If One Hundred Tolechehs of Copper, upon being melted One whole Day and Night in the Fire, are Five Tolechehs deficient, or One Hundred Maunds of Iron, upon being melted One whole Day and Night in the Fire, are Ten Maunds deficient, and a Man shews some such Copper and Iron to a Person well skilled in assaying those Metals, if that Person says, "This Copper and Iron are not pure," the Magistrate shall fine him according to his Means.

If a Man gives to be woven One Hundred Tolechehs Weight of coarse Cotton Thread, or of coarse Silk, upon being finished, its Weight shall be increased Ten Tolechehs; if he gives middling Thread, it shall be increased Five Tolechehs; if he gives fine Thread, it shall be increased Three Tolechehs; such Cloth, if a Man shews to a Person well skilled in judging these Matters, and that Person says less than the Weight herein above specified, the Magistrate shall fine him according to his Means.

SECT. III. Of the Fines for concealed Theft.

Whoever, by breaking through Walls, hath frequently stolen much Wealth, the Magistrate shall cause the Booty to be returned to the Owners, and shall cut off both the Hands of such Person, and crucify him.

Whoever robs on the Highway, the Magistrate shall cause a Rope to be tied about his Neck, and shall thus deprive him of Life.

A Thief, who, by plundering in his own Country, spoils the Province, the Magistrate shall confiscate his Goods, and crucify him; if he robs in another Kingdom, he shall not confiscate his possessions, but shall crucify him.

If a Man steals any Man of a superior Cast, the Magistrate shall bind the Grass Beena (a particular Species of Grass so called) round his Body, and burn him with Fire; if he steals a Woman of a superior Cast, the Magistrate shall cause him to be stretched out upon a hot Plate of Iron, and, having bound the Grass Beena round his Body, shall burn him in the Fire.

If a Person steals a Man or Woman of a middling Cast, the Magistrate shall cut off both his Hands and Feet, and Cast him out upon a Highway where Four Roads meet.


If a Person steals a Man of an inferior Cast, the Magistrate shall fine him One Thousand Puns of Cowries; if he steals a Woman of an inferior Cast, the Magistrate shall confiscate all his Property.

If a Man, in the Time of War, steals an Elephant or a Horse, the Magistrate shall deprive him of Life; if it is not in Time of War, he shall cut off from him One Hand and One Foot.

If a Man steals an Elephant or a Horse excellent in all Respects, the Magistrate shall cut off his Hand, and Foot, and Buttock, and deprive him of Life.

If a Man steals an Elephant or a Horse of small Account, the Magistrate shall cut off from him One Hand and One Foot.

If a Man steals a Camel or a Cow, the Magistrate shall cut off from him One Hand and One Foot.

If a Man steals a Goat or a Sheep, the Magistrate shall cut off One of his Hands.

If a Man steals any small Animal, exclusive of the Cat and the Weasel, the Magistrate shall cut off Half his Foot.

If a Man steals a greater Quantity than Ten Kombehs of Paddee, or Wheat, or Barley, or small Gram, or Doll, or Grain, or Mustard-Seed, or Kunjud, or any such Sorts of Grain, the Magistrate shall deprive him of Life.


The Mode of Computation of the Kombeh is this:

Three Tolechehs, Two Maushs and Eight Surcks make One Pul,
Four Puls -------- One Koodup,
Four Koodups --------One Perust,
Four Perusts -------- One Adhuk,
Four Adhuks -------- One Deroon,
Twenty Beroons -------- One Kombeh:

-- According to the Ordinations of Kulp-teroo.


Pacheshputtee Misr says, that,

Twelve Handfuls -------- One Koodup,  
Four Koodups -------- One Perust,
Four Perusts -------- One Adhuk,
Four Adhuks -------- One Deroon,
Twenty Deroons -------- One Kombeh,


But, according to the Ordinations of Sewarteh Behtacharige, it is thus:

Eight Handfuls -------- One Koonchy,
Eight Koonchys -------- One Pooskul,
Four Pooskuls -------- One Adhuk,
Four Adhuks -------- One Deroon,
Twenty Deroons -------- One Kombeh.
 

* This is approved (or customary.)  

If a Man steals a lesser Quantity than Ten Kombehs of Paddee, or Wheat, or Barley, or small Gram, or Doll, or Grain, or Mustard-Seed, or Kunjud, or any such Sorts of Grain, in that Case, the Magistrate shall take, as a Fine from the Thief, Eleven Times as much as the Quantity stolen, and return the Article stolen to the Owner.

If a Man deals from another Person's Granary as much Paddee, or Wheat, Or Barley, or small Gram, or Doll, or Grain, or Mustard-Seed, or Kunjud, or any such Kinds of Grain as may be computed to be a sufficient Burden for One Man to carry, in that Case, the Magistrate shall cause the aforesaid Grain to be returned to the Owner, and shall fine the Thief One Hundred Puns of Cowries.

If a Man steals from his Friend's Granary as much Grain as may be computed a sufficient Burden for One Man to carry, the Magistrate shall cause the aforesaid Grain to be returned to the Owner, and shall fine the Thief Fifty Puns of Cowries.  

If a Man steals Grain that has been reaped, which has not yet been taken from the Straw, the Magistrate shall fine him Five Coins of Gold, and give back the aforesaid Grain to the Owner.

If a Man hath cultivated, by Shares, the Arable Land of any Person, and, for want of his proper Care and Custody, the Crop on that Ground should be stolen, in that Case, whatever Share of Produce of that Ground the Cultivator was to have received, the Magistrate shall fine him Ten Times as much, and shall cause to be given to the Owner of the Ground whatever was his proportionate Share; if it be stolen by the Fault of the Cultivator's Servant, he shall only pay Five Times as much for the Magistrate's Fine, but the Servant shall be held to make good the Fine.

If a Man steals Camphire, or round Pepper, or Cardamoms, or Nutmegs, or Cloves, or such Kind of Things which are weighed in smaller Scales, the Magistrate shall cause the Article stolen to be returned to the Owner, and shall fine the Thief Ten Times as much; if he steals of these Things more than the Value of Ten Rupees, the Magistrate shall deprive him of Life.

If a Man steals Gold, or Silver, or fine Cloth, to a greater Amount than One Hundred Rupees, the Magistrate shall deprive him of Life; if he steals to a less Amount than One Hundred Rupees, and to a greater Amount than Fifty Rupees, he shall cut off his Hand;
if he steals less than the Value of Fifty Rupees, and more than that of Twenty-five Rupees, the Magistrate shall fine him Eleven Times as much; if he steals to a less Value than Twenty-five Rupees, the Magistrate shall chastise him, and cause the Article stolen to be returned to the Owner.

If a Man steals Jewels of a considerable Value, the Magistrate shall deprive him of Life; if they are of small Value, he shall fine him One Thousand Puns of Cowries, and give back the Jewels to the Owner.

If a Man, in the Season of cultivating Land, and of sowing Grain, steals a Plough, or any other Implement of Husbandry, the Magistrate shall cause such Implement to be returned to the Owner, and shall fine that Man One Hundred and Eight Puns of Cowries.

If a Man steals Turreh, that is to say Sagh, that is, Greens or Roots, such as Ginger, or Onions, or Turb, that is, Radishes, or any such Kind of Things, the Magistrate shall fine him One Hundred Puns of Cowries, and cause the Article stolen to be returned to the Owner.

If a Man steals Milk, or any Thing that is made of Milk, the Magistrate shall cause the Thing stolen to be returned to the Owner, and shall take Double of the Value for a Fine.

If a Man steals the Flowers called Maasiser, or Koosm, or such Kind of Flowers as are used in dying Cloths, or the Lutta Tree, or any other Shrub, the Magistrate shall cause the Article stolen to be returned to the Owner, and take Five Coins of Gold as a Fine.

If a Man steals Cane, or Bamboo, or any such Wood, which is hollow within, the Magistrate shall cause the Article stolen to be returned to the Owner, and take Double the Value thereof as a Fine.

If a Man steals Thread, or Cotton, or Cow Dung, or Hay, or Water, or Sugar, or Cane Tokeries (a Tokerie is a Basket made of Cane, wherein any Thing may be deposited) or Salt, or Earthen Pots, or Clay, or sand, or Dust, or Fish, or Birds, or bitter Oil, or Meal, or Honey, or Leather, or the Teeth or the Bones of Animals, or Spirituous Liquor, or Victuals, or Fruit, the Magistrate shall cause the Article stolen to be returned to the Owner, and shall fine the Thief in Double the Value.

If a Man hath been guilty of great Theft in these Articles, the Magistrate shall fine him Five Times the Value.

If a Man steals any Wood which has been prepared for any particular Purpose, or Stone, or Images of Clay of an excellent Shape, or a Basket of Beet (Beet is a Sort of Grass which has Prickles on its Back) the Magistrate shall cause the Commodity stolen to be returned to the Owner, and shall take Five Times as much for a Fine.

If a Man steals the Water of a Pool, or of a Bason, the Magistrate shall fine him Two Hundred and Fifty Puns of Cowries; and whatever Quantity of Water he hath stolen, he shall cause to be returned to the Owner.

If a Man, having stolen any Thing, affirms, that, he hath not stolen it, and the Fact is afterwards proved upon him, the Magistrate shall take from him a Fine of Four Times as much, and cause the Article stolen to be restored to the Owner.

If a Man steals One Wheel, or any other Part of the Furniture of a Hackery, the Magistrate, causing such Article to be returned to the Owner, shall fine the Thief Forty Puns of Cowries.

If a Man steals a Chuckreh (or smaller Sort of Hackery used for carrying Burdens) the Magistrate shall fine him One Hundred and Eighty Puns of Cowries.

If a Man steals the Fire of the Jugg, the Magistrate shall fine him One Hundred Puns of Cowries.

If a Man steals the Bucket and Rope that is at the Mouth of a Well, the Magistrate shall fine him One Masheh of Gold.

If a Man, with Intent to steal, should once open any Thing that is closed up, and should be caught in the Act, the Magistrate shall cut off his Finger; if he should thus open any Thing a Second Time, he shall cut off his Hand and Foot; if he opens any Thing the Third Time, he shall be put to Death.

If a Man, with Intent to steal, should bind up any Thing that is open, and be caught in the Act, the Magistrate shall cause him to be punished as a Thief.

If a Man steals any Flowers, or Fruits, or Wood, or Grass, belonging to a Bramin, the Magistrate shall cut off his Hand.

In Thefts, where the Magistrate would put to Death a Man of any other Cast, if the Offender be a Bramin, he shall not be put to Death.

If any Bramin, who is a Man of Property, and doth not study the Beids, should commit a Robbery that deserves Death, the Magistrate shall not put him to Death, but he shall confiscate all his Effects, and banish him from the Kingdom.

If any Bramin, who is poor, and who also neglects to study the Beids, should commit a Robbery that deserves Death, the Magistrate shall fasten a Chain to the Leg of such Bramin, and cause him to become a Slave for Life, and give him such a Subsistence, as that at all Events his Life may be preserved.

If a learned Bramin, whether rich or poor, commies a Robbery that deserves Death, the Magistrate shall confine him in Prison for Life.

If a Bramin of moderate Capacity, who is neither very learned, nor very ignorant, commits a Robbery that deserves Death, the Magistrate shall stamp the Mark of the Pudendum Muliebre upon his Forehead with a hot Iron, and banish him from the Kingdom.


Pudendum Muliebre

Etymology: From Latin pudendum (“a thing to be ashamed of”) + muliebre, neuter form of muliebris (“of a woman”). Noun: (dated) A woman's pudendum; her vulva; compare pudendum virile.

-- pudendum muliebre, by Wiktionary


If a Bramin of no Capacity, who is not firm in the Principles of his Cast, commits a Robbery that deserves Death, the Magistrate shall put out his Eyes.

If a Bramin, who every Day performs the Jugg, commits a Robbery that deserves Death, the Magistrate shall cut off the Hair of his Head.

If a Bramin, not having any Means of Subsistence, should at such Time steal merely as much as is necessary to support himself, the Magistrate shall not take any Fine from him, but shall cause him to make the Perashchut (or Expiation.)

Exclusive of the Articles above specified, if a Person steals any other Articles, the Magistrate shall fine him in the Price of such Article, whatever it may be.

SECT. IV. Of apprehending Thieves.

If a Man should find upon any Person Irons for breaking into Houses, or any other Implements of Robbery, he shall call him a Thief, and apprehend him.

If a Man sees another Person in Possession of Things not suitable to him, he shall suspect him to be a Thief.

A Man, who has no Income, and whose Expences are large, such Man shall be suspected for a Thief.

When a Person is suspected to be a Thief, he shall be asked in what Quarter his Habitation is, in what Kingdom, in what Town, in what Place, and of what Cast he is, and what his Name is? upon such Questions, if, in giving his Answer, he should change Colour, or his Voice should alter, or he be seized with a Trembling, and cannot speak with Ease, and satisfactorily, and prevaricates in his Account, and cannot prove his Habitation or his Cast to be what he affirms, and spends his Money always in criminal Expences, and holds an Intimacy with bad Men, and all this is proved, he shall be judged a Thief; if these Signs are not found upon him, he is not a Thief.

From a Place whence any Thing has been stolen, if they can trace the Footsteps of the Robbers to the House of any Persons, or if the Article stolen hath by little and little dropped in the Way, and may be traced to that Person's House, or if such stolen Goods be found upon any Person, he shall be called the Thief, and apprehended accordingly.

If the Footsteps of a Thief may be traced for some little Distance, or if the Article stolen hath dropped for a little Distance, and afterwards no farther Sign can be found, then, whatever Town is near the Place where these Signs have for a little Way extended, the Thief shall be judged to lurk in that Town; if there are Two Towns near that Spot, then the Thief shall be suspected to be in either of those Towns where there are most People who are capable of committing a Robbery, and whoever is taken up on Suspicion of the Robbery shall be obliged to take his Oath, or stand the Purrikeh (or Ordeal.)

If a Bramin, or a Chehteree, or a Bice, being on a Journey, should not have wherewithal to furnish his Expences upon the Road, and, for that Purpose, should take from the Lands of any Stranger Two Plants of Sugar Cane, or, Two Radishes, and eat them, in this Case, they are not to be taken for Robbers; and such Persons also are permitted to take as much as they can eat of the Fruit of such Trees as bear Fruit with Blossoms, and they may also take and eat the Roots of such Trees.

If a Man takes Wood from a Stranger's Trees, for the Purpose of performing the Jugg, he shall not be reckoned a Thief; and whoever takes Grass for an Offering to Cows, such Person also is not a Thief.

If a Bramin takes from the Land of a Stranger Wood for the Jugg, or Flowers, or the Grass Kowe (which is a particular Species of Grass) he shall not be taken for a Thief.

SECT. V. Of these Persons who are to he considered as Thieves.

If any Person, wearing the Braminical Thread, should receive any Thing from a Thief, knowing him to be such, for instructing him in any Science, such Bramin is to be considered like a Thief.

If any Person sets Fire to any Man's House, with Intent to steal any Thing from thence, such Person is to be considered as a Thief.

If a Man furnishes Victuals for a Thief, knowing him to be such, that Person also is to be considered as a Thief.

If a Man furnishes another with Irons for House-Breaking, and such other Implements for the Commission of Theft, he also is to be considered as a Thief.

If a Man furnishes a Place of Abode for a Thief, knowing him to be such, that Man also is to be considered as a Thief.

When a Thief has an Intention to steal any particular Article, if any Stranger acts in such a Manner as to give the Thief an Opportunity of stealing that Article, he also is to be considered as a Thief.

If any Man gives a Thief Instruments for the Commission of Theft, he also is to be considered as a Thief.

When a Thief goes to any Distance to commit a Robbery, if another Person, knowing him to be a Thief, furnishes him with Provisions for his Journey, he also is to be considered as a Thief: The Magistrate shall fine a Man, in any One of these Predicaments, One Thousand Puns of Cowries.

If a Person, who is able to apprehend Thieves, upon Discovery of a Thief, should not apprehend him, he also is to be considered as a Thief: The Magistrate shall inflict upon such Person Half the Punishment of a Thief.

He who conceals a stolen Article shall also be considered as a Thief: The Magistrate shall inflict upon such Person Half the Punishment of a Thief.

He who purchases a stolen Article, knowing it to be stolen, is also to be considered as a Thief: The Magistrate shall inflict upon such Person Half the Punishment of a Thief.

If a Magistrate has not sufficient Power to punish a Thief, and, in that Case, even gives him wherewithal to subsist, then it is no Fault of the Magistrate.

If a Person, who has been appointed by the Magistrate to take care of the Peace of the Country, does not properly execute his Office, he also is to be considered as a Thief: The Magistrate shall inflict upon such Person Half the Punishment of a Thief.

If a Person finds any stolen Commodity in the Hands of any Man upon the Road, and does not punish that Person to the utmost of his Power, the Magistrate shall banish such Person from the Kingdom.

SECT. VI. Of the Chokeydars (or Watchmen) making good Stolen Articles.

Whoever are appointed by the Magistrate, for the Protection of any City or Town, shall be held to protect such City or Town; if any Thing be stolen in such City or Town, and those Persons cannot produce the Thief, they shall make good the Article stolen.

If a Robbery is committed out of a City or Town, the Head Person of that City or Town shall make good the Theft
; if the Theft is committed in the unfrequented Part of the Country, the Magistrate shall make it good; and afterwards the said Magistrate, having by Search detected the Thief, shall cause him to make good the Article stolen: If the Magistrate does not act thus, he is criminal; if he can take the Thief, he shall deliver him over to the Owner of the Article stolen.

If a Man, who hath lost a Number of Articles by Theft, should find any One of those Articles upon any Person, he shall oblige that Person to make good the whole; if the Owner of that Article says, "A great Number of other Things were stolen at the same Time with this," and the other Person says, "I took Nothing But this One Article," then this Person shall either take his Oath, or stand to the Purrikeh (Ordeal) and if the aforesaid Article was found in any Place, or was purchased, then, if he can produce the Person from whom it was purchased, there is no Claim upon the Person accused.

If the Guards and Watchmen find any stolen Articles upon a Thief, and do not know the Owner of those Articles, the Magistrate shall detain in safe Custody those Goods for One Year; if, within the Year, the Owner of the Goods should come and prove his Property therein, the Magistrate shall give up the Things to him; and if there is no Owner, he shall keep the Goods to himself.

-- According to the Ordinations of Pacheshputtee Misr.

If the Guards and Watchmen find any stolen Articles upon a Thief, and do not know the Owner of those Articles, the Magistrate shall detain the Goods in safe Custody for One Year; if, within the Year, the Owner of the Goods should not appear, he shall give One Quarter Share of the Goods to the Watchmen, and keep the remaining Three Quarters thereof to himself.

-- According to the Ordinations of Chendeesur: Approved (or customary)

If a Watchman hath found any stolen Goods, and a Person should say, "This Article is my Property," he shall then inquire of that Person, what Article it was that was stolen from him, and of what Kind it was, and of what Size or Quantity, and from what Place, and on what Day it was stolen? then, if that Person, according to each Question, can give in an Answer with Proof, the Magistrate shall give up the Article to him; if he cannot bring Proof, then, whatever was the Value of the Thing claimed, the Magistrate shall take so much from him as a Fine.
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Re: A Code of Gentoo Laws, by Nathaniel Brassey Halhed

Postby admin » Sat May 22, 2021 4:41 am

CHAP. XVIII. Of Shahesh, i.e. Violence (which has Three Distinctions.)

1. When a Man by Violence breaks, or throws away, or takes to himself any Fruit, or Flowers, or the White Stone called Pehteek, or any Roots, such as Ginger and Radishes, and such Kind of Things, or a Plough, or any Implements of Ploughing, and such Kind of Things of inconsiderable Value, belonging to a Stranger.

2. When a Man throws a Serpent into a Stranger's House, or breaks down a Stranger's Wall, or breaks down a Bridge, or tears a Flag, or by Violence takes to himself, or spoils, or throws away the Animals, the Victuals and Drink, or Cloaths of a moderate Value, or any such Kind of Things of a moderate Value, belonging to a Stranger.

3. When a Man by Violence takes to himself, or spoils, or throws away any Image of Dewtah (i. e.) the Deity, or a Well, or a Bank, or any Grain, or the Walls of a City, or any valuable Cloaths, or Jewels of a high Price, or the Effects consecrated to Dewtah, or the Effects of a Bramin, or such Kind of valuable Articles, or commits Murder.

If a Man takes to himself, or spoils, or throws away any choice Fruit, or Flowers, belonging to another Person, the Magistrate shall cause him to return to that Person such Fruit and Flowers, and shall fine him One Hundred Puns of Cowries; and if he spoils or takes to himself any ordinary Fruit or Flowers, the Magistrate shall fine him in Five Times their Value.

If a Man very much injures and breaks the White Stone called Pehteek, belonging to another Person, the Magistrate shall cause him to give to that Person a Stone of the same Kind, or the Value of it, and shall fine him Two Hundred and Fifty Puns of Cowries; if it is not so much broken, he shall take a somewhat less Fine; if it be broken but a little, he shall take a still smaller Fine from him.

If a Man dams up the Channel, through which the Water is brought to fill a Pool, the Magistrate shall fine him Two Hundred and Fifty Puns of Cowries, and cause him to repair the Channel.

If a Man, by Violence, breaks down a Person's House, together with the Wall, the Magistrate shall cause him to repair the said House and Wall, and shall fine him Five Hundred Puns of Cowries; if he breaks down the Wall, the Magistrate shall cause him to repair the Wall, and shall fine him Forty Puns of Cowries; if he breaks the Wall in such a Manner that it be cracked, the Magistrate shall fine him Twenty Puns of Cowries; if he hath acted in such a Manner that the Wall must soon be broken, he shall fine him Fifteen Puns of Cowries.

If a Man, by Violence, throws into another Person's House a Snake, or any other Animal of that Kind, whose Bite or Sting is mortal, the Magistrate shall fine him Five Hundred Puns of Cowries, and make him throw away the Snake with his own Hand.

If a Person, by Violence, throws into another Man's House any Thing that causes him a grievous Molestation, the Magistrate shall fine that Person One Hundred Puns of Cowries, and make him throw away the offensive Article with his own Hand.

If a Man throws a Brier into any Person's House, the Magistrate shall fine him Sixteen Puns of Cowries, and make him throw away the Brier with his own Hand.

If a Man breaks a Bridge, or tears a Flag, the Magistrate shall fine him Five Hundred Puns of Cowries, and cause him to repair the Bridge or the Flag.

If a Man breaks a large Bridge, the Magistrate shall deprive him of Life.

If a Man, by Violence, breaks or burns a valuable Image of Dewtah, the Magistrate shall fine him One Thousand Puns of Cowries; if it be a middling Image, he shall fine him Eight Hundred Puns of Cowries; if it be an Image of small Importance, he shall fine him Two Hundred and Fifty Puns of Cowries.

If a Man, by Violence, breaks or spoils a Garden, or a Well, or a Bank of Land, the Magistrate shall fine him Eight Hundred Puns of Cowries.

If a Man, by Violence, spoils any Seeds or Grain belonging to another the Magistrate shall fine him in proportion to the Offence.

If a Man sets fire to the Tillage or Plantation of another, or sets fire to a House, or to a Granary, or to any uninhabited Spot where there is much Fruit or Flowers, the Magistrate, having bound that Person's Body in the Grass Beena (which is a particular Species of Grass) shall burn him with Fire.

If a Man breaks down the Walls of a City, or fills up the Ditch that defends the City, the Magistrate shall deprive him of Life.


If a Man imprisons a Person who is innocent, and not worthy of Imprisonment, or if he releases a Person whom it is his Duty to confine, the Magistrate shall fine him One Thousand Puns of Cowries.

If a Magistrate, by Violence, forces a Fine from a Man who is guiltless, or confers Favours upon One who is guilty, that Magistrate shall pay a double Fine.

If several Persons deprive any One living Creature of its Life, the Magistrate shall fine the Person, by whose injurious Treatment the Animal was deprived of Life, a Mulct, in proportion to what has been already stated as a Fine for the Death of each particular Animal, and he shall fine all the rest Half as much.

If a Man either knowingly or ignorantly spoils a great Number of Articles belonging to another, the Magistrate shall fine him Double of what has been specified for the Fine upon spoiling each particular Article.

If a Man strikes either his Mother, his Father, or his Spiritual Guide, with his Hand, the Magistrate shall cut off his Hand; if with his Foot, he shall cut off the Foot; in the same Manner, with whatever Limb he assaults, that Limb shall be cut off.

Exclusive of the Crimes and Fines above specified, if a Man commits a Crime of the First Distinction of the Shahesh, the Magistrate, causing the Article to be made good to the Proprietor, and inquiring into the Degree of the Guilt, shall fine the Offender respectively from One Hundred to Two Hundred and Fifty Puns of Cowries; if he commits a Crime of the Second Distinction of the Shahesh, or middling Offences, the Magistrate, inquiring into the Degree of the Guilt, shall fine him from Two Hundred and Fifty to Five Hundred Puns of Cowries; if he commits a Crime of the Third Distinction of the Shahesh, or worst Offences, the Magistrate, inquiring into his Cast and the Degree of the Guilt, according to the Offence, shall fine him in Double the Value of the Article, or shall fine him equal to the Value of the Article, or shall fine him One Thousand Puns of Cowries, or shall fine him his whole Property, or shall brand him in the Forehead, with a hot Iron, with the Mark of the Pudendum Muliebre, or shall banish him from the Kingdom, or shall cut off his Hand, or his Foot, or some other Limb, or shall deprive him of Life.

If a Person should be found dead in any Place, and it is not known who killed him, then the People shall ask his Son, or whatever other Person is in his Family, whether or no the Deceased was at Enmity with any Person; or whether he had any severe Disorder; or whether his Wife is of bad Principles or not? and also with whom the Deceased went out, and upon what Occasion? and they shall also, in a friendly Manner, fist the Persons upon the Spot where the Deceased died, by asking, "How did this Person die? you must certainly know;" then, if the Deceased was at Enmity with any Person, and that Person be near at hand, it shall be considered, whether that Person killed him; and if he had any severe Disorder, it shall be considered, whether he died of that Disorder; and if his Wife be of bad Principles, then the Suspicion falls upon her; and if the Person, with whom he went out upon Business, be of bad Character, the Suspicion falls upon him; and whatever Article was about the Deceased, if that Article be found upon any Person, he is to be suspected; and if any Signs be found upon those Men whom they question, the Magistrate, or the Magistrate's Officers, upon the same Conjecture, shall cause whoever is taken up either to undergo the Purrikeh (Ordeal) or to take an Oath; if, by the Oath, or by the Purrikeh, any Person be found guilty, the Magistrate shall put to Death both him and his Accomplices; if he be found innocent, he shall be released.
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Re: A Code of Gentoo Laws, by Nathaniel Brassey Halhed

Postby admin » Sat May 22, 2021 5:33 am

CHAP. XIX. Of Adultery.

• Sect. I. Of the several Species of Adultery.
• Sect. II. Of the Fines for the several Species of Adultery.
• Sect. III. Of the Fines for Adultery.
• Sect. IV. Of Adultery with an unmarried Girl.
• Sect. V. Of Thrusting a Finger into the Pudendum of an unmarried Girl.
• Sect. VI. Of Stealing away an unmarried Girl.
• Sect. VII. Of Adultery with a Woman of bad Character, or a common Prostitute.
• Sect. VIII. Of the carnal Conjunction of a Man with any Beast.

SECT. I. Of the several Species of Adultery, which are of Three Sorts.

First Species is, when, in a Place where there are no other Men, a Person, with Intent to commit Adultery, holds any Conversation with a Woman, and Winks, and Gallantries, and Smiles pass on both Sides; or the Man and Woman hold Conversation together in the Morning, or in the Evening, or at Night, or any such improper Times; or the Man dallies with the Woman's Cloaths, or sends a Pimp to her; or the Man and Woman are together in a Garden, or an unfrequented Spot, or such other secret Place, and bathe together in the same Pool, or other Water; or the Man and Woman meet together in One visiting Place: This is called the First, or most trifling Species.

Second Species is, when a Man sends sandal Wood, or a String of Beads, or Victuals and Drink, or Cloaths, or Gold, or Jewels to a Woman: This is called the Second, or middle Species.

Third Species is, when the Man and Woman Sleep and Dally upon the same Carpet, or in some retired Place kiss and embrace, and play with each others Hair; or when the Man carries the Woman into a retired Place, and the Woman says Nothing: This is called the Third, or worst Species of Adultery.

SECT. II. Of the Fines for the several Species of Adultery.

Upon the First Species, the Magistrate shall take a Fine of Two Hundred and Fifty Puns of Cowries; upon the Second Species, he shall take a Fine of Five Hundred Puns of Cowries; upon the Third Species, he shall take a Fine of One Thousand Puns of Cowries; from a Man who commits these several Species, if he be wealthy, a still larger Fine shall be taken.

If a Man of an inferior Cast commits the First Species with a Woman of a superior Cast, with a criminal Intent, the Magistrate shall fine him Eight Hundred Puns of Cowries; if he commits the Second Species, he shall cut off One of his Limbs; if he commits the Third Species, he shall deprive him of Life.

If a Man, having at first begun a trifling Conversation with a Woman, afterwards increases and prolongs such Conversation, the Magistrate shall fine him Two Hundred and Fifty Puns of Cowries.

If a Man, without any criminal Intention, holds a Conversation upon Business with a Woman no ways related to him, he shall not be fined.

If a Man commits the several Species above described with a common Prostitute, he shall not be fined.

If a Man commits the several Species above described with a Girl, whose Profession is Singing and Dancing, in Presence of the Owner of that Girl, he shall not be fined; if he says any Thing to her secretly, the Magistrate shall take a small Fine from him.

If a Woman, who has a Master, goes of her own accord to the House of another Person, and holds Conversation with him, that Person shall not be fined.

If a Man hath forbid another to hold any Conversation with a Girl belonging to him, and that Person afterwards enters into Discourse with that Girl, the Magistrate shall fine that Person Two Hundred Puns of Cowries; and if he has given his Girl the same Prohibition, and she afterwards holds any Discourse with that Person, the Magistrate shall fine that Girl One Hundred Puns of Cowries; if he hath given this Prohibition both to the Man and the Woman, and they afterwards hold Conversation together, the Magistrate shall fine each of them Two Hundred and Fifty Puns of Cowries.

If a Man, making himself a Mediator, carries Messages between a Man and Woman, and contrives a Meeting for them in a retired Place, the Magistrate shall take from him Half the Fine of an Adulterer.

If a Man furnishes any Person with a Place for the Commission of Adultery, the Magistrate shall take from him Half the Fine of an Adulterer.

If a Person, without a criminal Intention, puts on Jewels, and a handsome Dress, and frequents an unmarried Girl, or a Woman who has been married, the Magistrate shall censure him; if he hath frequented her, with a criminal Intention, the Magistrate shall fine him according to his Abilities.

SECT. III. Of the Fines for Adultery.

If a Man, by Force, commits Adultery with a Woman of an equal or inferior Cast, against her Consent, the Magistrate shall confiscate all his Possessions, cut off his Penis, and Castrate him, and cause him to be led round the City, mounted upon an Ass.

If a Man, by Cunning and Deceit, commits Adultery with a Woman of an equal or inferior Cast, against her Consent, the Magistrate shall take all his Possessions, brand him in the Forehead with the Mark of the Pudendum Muliebre, and banish him the Kingdom.

If a Man, by Violence, or by Cunning, or Deceit, or against the Woman's Consent, commits Adultery with a Woman of a superior Cast, the Magistrate shall deprive him of Life.

If a Sooder commits Adultery with a Woman of the Bramin, or Chehteree, or Bice Cast, who has no Master, the Magistrate, confiscating all his Possessions, shall cut off his Penis and his Testicles.

If a Sooder commits Adultery with a Woman of the Bramin Cast, who has a Master, by her Consent, the Magistrate shall confiscate all his Effects, cut off his Penis and Testicles, bind him upon a hot Iron Plate, and burn him with the Grass Beena.  

If a Sooder commits Adultery with a Woman of the Chehteree or Bice Cast, who has a Master, by her Consent, the Magistrate shall confiscate all his Effects, cut off his Penis and Testicles, bind his Body with the Grass Beena, and burn him.


If a Sooder commits Adultery with a Woman of the Sooder Cast, who has a Master, by her Consent, the Magistrate shall fine him One Thousand Puns of Cowries; if the Woman has no Master, the Magistrate shall fine him Five Hundred Puns of Cowries.

If a Bice commits Adultery with a Woman of the Bramin Cast, who has no Master, by her Consent, the Magistrate shall confine him One Year in Prison, and fine him One Thousand Puns of Cowries; if the Woman has a Master, the Magistrate shall bind him upon a hot Iron Plate, wind the Grass Beena round his Body, and burn him, or burn him with the Grass Kose.

If a Bice commits Adultery with a Woman of the Chehteree Cast, who has no Master, by her Consent, the Magistrate shall fine him One Thousand Puns of Cowries; if the Woman has a Master, the Magistrate shall deprive him of Life.

If a Chehteree commits Adultery with a Woman of the Bramin Cast, who has no Master, by her Consent, the Magistrate shall fine him One Thousand Puns of Cowries; if the Woman has a Master, the Magistrate shall bind him upon a hot Iron Plate, wind the Grass Beena round his Body, and burn him; or burn him only with the Grass Ser.


If a Chehteree commits Adultery with a Woman of the Chehteree Cast, who has a Master, by her Consent, the Magistrate shall fine him One Thousand Puns of Cowries; if the Woman has no Master, the Magistrate shall fine him Five Hundred Puns of Cowries, or shave off the Hair of his Head with the Urine of an Ass.

If a Chehteree commits Adultery with a Woman of the Bice or Sooder Cast, who has a Master, by her Consent, the Magistrate shall fine him One Thousand Puns of Cowries; if the Woman has no Master, the Magistrate shall fine him Five Hundred Puns of Cowries.

If a Bramin commits Adultery with a Woman of the Bramin, the Chehteree, Bice, or Sooder Cast, who has a Master, by her Consent, the Magistrate shall fine him One Thousand Puns of Cowries; if the Woman has no Master, he shall fine the Bramin Five Hundred Puns of Cowries.

If a Man commits Adultery with any of his Father's Wives, exclusive of his own Mother, or with his Mother's Sister, or with the Wife of his Maternal Uncle (i.e.) his Mother's Brother, or with his Father's Sister, or with his Paternal Uncle's Wife, or with his Friend's Wife, or with his Pupil's Wife, or with his Sister, or with his Son's Wife, or with his Daughter, or with the Wife of the Person who teaches him the Goiteree, or with the Wife of any Person descended from the same Grandfather with himself, who has thrown herself under his Protection, or with the Magistrate's Wife, or with a Woman of good Principles, or with any Woman who is employed in the Worship of God, or with a Woman of a superior Cast, or with the Wife of any Person Descended from the same Grandfather with himself, who was his Nurse, the Magistrate shall cut off that Person's Penis, and deprive him of Life; and if the Woman herself gave her Consent, the Magistrate shall cut off her Pudendum, and deprive her of Life.

In Cases of Adultery, when Men of other Casts are to be deprived of Life, a Bramin guilty thereof shall not be deprived of Life, but the Hair of his Head shall be cut off; if he frequently commits the same Crime, the Hair of his Head shall be cut off, and he shall be banished from the Kingdom.

If a Man of the Chehteree or Bice Cast commits Adultery with a Woman of the Chendal Cast, or Washer's Cast, or any such mean Tribe, the Magistrate shall brand him in the Forehead with the Figure of a Man without a Head, and banish him the Kingdom.

If a Bramin commits Adultery with a Woman of the Chendal Cast, or Washer's Cast, or any such mean Tribe, the Magistrate shall fine him One Thousand Puns of Cowries, brand him in the Forehead with the Figure of a Man without a Head, and banish him from his Country.

If a Sooder commits Adultery with a Woman of the Chendal Cast, or Washer's Cast, or any such mean Tribe, the Magistrate shall stamp on his Forehead the Figure of a Man without a Head, and deprive him of Life.

If the Wife of a Bramin, by her own Consent, commits Adultery with a Chehteree or Bice, the Magistrate shall cut off the Hair of her Head, anoint her Body with Ghee, and cause her to be led through the whole City naked, and riding upon an Ass, and cast her out on the North Side of the City.

If the Wife of a Bramin, by her own Consent, commits Adultery with a Sooder, the Magistrate shall cut off the Hair of her Head, anoint her Body with Ghee, and cause her to be led through the whole City naked, and riding upon an Ass, and cast her out on the North Side of the City, or cause her to be eaten by Dogs.

If a Man of inferior Cast commits Adultery with a Woman of superior Cast, the Magistrate shall burn the Woman with Faggots.


If a Man commits Adultery with a Woman of inferior Cast, either by Force or with her Consent, the Woman, in that Case, shall not be liable to Punishment, but me shall perform the Perashchut (Expiation.)

If a Man, by Force, commits Adultery with a Woman of an equal Cast, who has a Master, the Husband of that Woman shall hold her infamous, and shall not have any Connexion with her, until she shall have performed the Perashchut, but shall give her such Victuals as may be necessary to support Life; but if the Man committed Adultery with the Woman, by her Consent, even in that Case, the Woman shall not be liable to Punishment, but shall perform the Perashchut.

If a Woman goes of her own accord to a Man, and inveigles him to have criminal Commerce with her, the Magistrate shall cut off that Woman's Ears, Lips, and Nose, mount her upon an Ass, and drown her, or cause her to be eaten by Dogs.


If a Woman, who has a Master, is guilty of any Crime, the Magistrate shall inflict some Punishment upon herself, exclusive of taking a pecuniary Fine: Upon any Crime, where a Fine is to be levied, the Magistrate shall levy it from the Master of the Woman; if the Master of the Woman be Absent on a Journey, she shall be confined in Prison until his Return; and upon the Master's Arrival, the Fine shall be exacted from him.

If a Woman, of her own accord, goes to a Man for a criminal Purpose, and the Man commits Adultery with her, the Magistrate shall fine that Man Half the Mulct settled for an Adulterer.

If the Wife of a Man born a Eunuch, or of a Man altogether impotent, or a Woman deserted by her Husband, should go to any Man for a criminal Purpose, and that Man commits Adultery with such Woman, he is not liable to Punishment.

SECT. IV. Of Adultery with an Unmarried Girl.

If a Man, by Violence, commits Adultery with an unmarried Girl of an equal Cast with himself, the Magistrate shall deprive him of Life; if it was with her Consent, he may marry her.

If a Man, either by Violence or with her Consent, commits Adultery with an unmarried Girl of a superior Cast, the Magistrate shall put him to Death. [/b][/size]

If a Man commits Adultery with an unmarried Girl of' inferior Cast, by her Consent, he shall not be deemed guilty; if it was done by Violence, the Magistrate shall take a small Fine from him.

If a Man commits Adultery with an unmarried Girl of an equal Cast with himself, having her own Consent, and that of her Father and Mother, then that Man shall give to the Father of the Girl some Money, and to the Girl herself those Presents which Constitute a Woman's Property, and shall marry her.

SECT. V. Of thrusting a Finger into the Pudendum of an Unmarried Girl.

If a Man, by Force, thrusts his Finger into the Pudendum of an unmarried Girl of an equal Cast with himself, the Magistrate shall cut off Two of his Fingers, and fine him Six Hundred Puns of Cowries.

-- According to the Ordinations of Chendeesur and Parreejaut: Approved (or customary.) Hurree Hur [Dutt?] speaks to this Effect, That, the Measure of Two Fingers shall be cut off from his Penis, and a Fine of Six Hundred Puns of Cowries be taken from him.


If a Man thrusts his Finger into the Pudendum of an unmarried Girl of an inferior Cast, by her own Consent, he shall not be liable to Punishment; if it was done by Violence, the Magistrate shall take a small Fine from him.

If a Man thrusts his Finger into the Pudendum of an unmarried Girl of an equal Cast with himself, by her Consent, the Magistrate shall fine him Two Hundred Puns of Cowries.

If a Man, either by Violence or by Permission, thrusts his Finger into the Pudendum of an unmarried Girl of a superior Cast, the Magistrate shall confiscate all his Possessions, and put him to Death.

If one unmarried Girl, by thrusting her Finger into the Pudendum of another unmarried Girl, should make a Passage, the Magistrate shall fine her Two Hundred Puns of Cowries, and give her Ten Lashes with a Whip.

If a married Woman, by thrusting her Finger into the Pudendum of an unmarried Girl, should make a passage, the Magistrate shall cut off the Hair of that Woman's Head; and if she thus thrust her Finger a Second Time, he shall cut off Two of her Fingers, and cause her to be exposed through the whole City, mounted on an Ass.


SECT. VI. Of Stealing away an Unmarried Girl.

When a Girl is related to any Man, if that Man, being of an equal Cast with her, either by Violence or with her Consent, steals her away to commit Adultery with her, the Magistrate shall fine him One Thousand Puns of Cowries; if the Girl was not related to him, the Magistrate shall fine him Two Hundred and Fifty Puns of Cowries.  

If a Man steals away a Girl of a superior Cast to commit Adultery with her, the Magistrate shall put him to Death.

If a Man steals away a Girl of an inferior Cast, by her own Consent, to commit Adultery with her, he shall not be liable to Punishment; if it was done by Violence, the Magistrate shall take a small Fine from him.

SECT. VII. Of Committing Adultery with a Woman of bad Character, or with a common Prostitute.

If a Man commits Adultery with a Woman of equal Cast with himself, who has before been unchaste, the Magistrate shall fine him Five Coins of Gold.

If a Man commits Adultery with a Woman of bad Character of an inferior Cast, the Magistrate shall fine him Twelve Puns of Cowries.

If a Woman of bad Character (except the Wife of a Bramin) who has no Master, of her own accord goes to a Man for a criminal Purpose, that Man, after having given Information to the Magistrate, may have carnal Knowledge of her; in such Adultery, he is not liable to Punishment.

If a Man commits Adultery with a Slave Girl, or with any Woman whose Master hath ejected her, by her own Consent, then, upon informing the Magistrate, he may commit Adultery with her
; and if any Person furnishes a Woman of this Stamp with Food and Cloaths, and takes her for Concubinage, and any other Person commits Adultery with that Woman, the Magistrate shall fine him Fifty Puns of Cowries.

If a Man, by Violence, commits Adultery with his own Slave Girl, the Magistrate shall fine him Ten Puns of Cowries.

If, without her own Consent, several Persons commit Adultery with a Slave Girl, the Magistrate shall fine each Individual of them Twenty-four Puns of Cowries.

If a Bramin commits Adultery with a common Prostitute, the Magistrate shall fine the Bramin Fifty Puns of Cowries; if a Chehteree or Bice commit the same Crime, then whatever Gratuity was given to the Prostitute, the same Sum shall be taken as a Fine; if it be a Sooder, he shall pay a Fine of Ten Puns of Cowries.

If any Person commits Adultery with a Woman who has been enjoyed by a great Number of Persons, the Magistrate shall fine him the same as for committing Adultery with a Prostitute.

SECT. VIII. Of the carnal Conjunction of a Man with any Beast.

If a Bramin should copulate with a Cow, the Magistrate shall fine him Eighty Gold Coins; if he be a Chehteree, or a Bice, he shall fine him Five Hundred Puns of Cowries; if it be a Sooder, he shall put him to Death.

If a Man copulates with the Female of any Species of Animal (exclusive of Cows) the Magistrate shall fine him Five Hundred Puns of Cowries: According to the Ordinations of Pacheshputtee Misr: Approved (or customary.) Chendeesur fays, the Fine shall be One Hundred and Ten Puns of Cowries.  

In such Cases as have no Fines specified for them in the Chapter of Adultery, the Magistrate shall consider the Cast of the Criminal, and the Degree of the Crime, and proportion the Fine accordingly.

When a Kingdom is preserved free from Thieves, from Adulterers, from Murderers, and from all Men of such evil Principles, the Magistrate of the Kingdom goes to Paradise; and if the Magistrate always brings such Persons to Punishment, he then also goes to Paradise, and his Kingdom is doubled, and his Reputation is increased.  
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Re: A Code of Gentoo Laws, by Nathaniel Brassey Halhed

Postby admin » Sat May 22, 2021 11:36 pm

CHAP. XX. Of what concerns Women.

A Man, both Day and Night, must keep his Wife so much in Subjection, that she by no Means be Mistress of her own Actions: If the Wife have her own Free-Will, notwithstanding she be sprung from a superior Cast, she will yet behave amiss.

So long as a Woman remains unmarried, her Father shall take care of her; and so long as a Wife remains young, her Husband shall take care of her; and in her old Age, her Son shall take care of her; and if, before a Woman's Marriage, her Father should die, the Brother, or Brother's Son, or such other near Relations of the Father shall take care of her; if, after Marriage, her Husband should die, and the Wife has not brought forth a Son, the Brothers, and Brothers Sons, and such other near Relations of her Husband shall take care of her: If there are no Brothers, Brothers Sons, or such other near Relations of her Husband, the Brothers, or Sons of the Brothers of her Father shall take care of her: If there are none of those, the Magistrate shall take care of her; and in every Stage of Life, if the Persons who have been allotted to take care of a Woman do not take care of her, each in his respective Stage accordingly, the Magistrate shall fine them.

If a Husband be abject: and weak, he shall nevertheless endeavour to guard his Wife with Caution, that she may not be unchaste, and learn bad Habits.

If a Man, by Confinement and Threats, cannot guard his Wife, he shall give her a large Sum of Money, and make her Mistress of her Income and Expences, and appoint her to dress Victuals for the Dewtah (i. e.) the Deity.

A Woman is never satisfied with the Copulation of Man, no more than Fire is satisfied with burning Fuel, or the main Ocean with receiving the Rivers, or the Empire of Death with the dying of Men and Animals; in this Case therefore, a Woman is not to be relied on.

Women have Six Qualities; the First, an inordinate Desire for Jewels and fine Furniture, handsome Cloaths, and nice Victuals; the Second, immoderate Lust; the Third, violent Anger; the Fourth, deep Resentment (i. e.) no Person knows the Sentiments concealed in their Heart; the Fifth, another Person's Good appears Evil in their Eyes; the Sixth, they commit bad Actions.

If a Woman is pregnant, they must give her the Sadheh (the Sadheh is, to give a pregnant Woman, in the Ninth Month, Rice, Milk, and Sweetmeats, and other Eatables of the same Kind for her to eat, and to dress her in handsome Cloaths.

If a Husband is going a Journey, he must give his Wife enough to furnish her with Victuals and Cloaths, until the promised Period of his Return; if he goes without leaving such Provision, and his Wife is reduced to great Necessity for want of Victuals and Cloaths, then, if the Wife be naturally well principled, she yet becomes unchaste, for want of Victuals and Cloaths.

In every Family where there is a good Understanding between the Husband and Wife, and where the Wife is not unchaste, and the Husband also commits no bad Practices, it is an excellent Example.

The Creator formed Woman for this Purpose, viz. That Man might copulate with her, and that Children might be born from thence.

A Woman, who always acts according to her Husband's Pleasure, and speaks no ill of any Person, and who can herself do all such Things as are proper for a Woman, and who is of good Principles, and who produces a Son, and who rises from Sleep before her Husband, such a Woman is found only by much and many religious Works, and by a peculiarly happy Destiny, such a Woman, if any Man forsakes of his own accord, the Magistrate shall inflict upon that Man the Punishment of a Thief.

A Woman, who always abuses her Husband, shall be treated with good Advice, for the Space of One Year; if she does not amend with One Year's Advice, and does not leave off abusing her Husband, he shall no longer hold any Communication with her, nor keep her any longer near him, but shall provide her with Food and Cloaths.

A Woman, who dissipates or spoils her own Property, or who procures Abortion, or who has an Intention to murder her Husband, and is always quarrelling with every Body, and who eats before her Husband eats, such Woman shall be turned out of the House.

A Husband, at his own Pleasure, shall cease to copulate with his Wife who is barren, or who always brings forth Daughters.

If a Woman, after her monthly Courses, while her Husband continues in the House, conceiving her Husband to be a weak, low, and contemptible Object, goes no more to him, the Husband, informing People of this, shall turn her out of his House.

If a Woman, following her own Inclination, goes whithersoever she chooses, and does not regard the Words of her Master, such a Woman also shall be turned away.

A Woman, who is of a good Disposition, and who puts on her Jewels and Cloaths with Decorum, and is of good Principles, whenever the Husband is cheerful, the Wife also is cheerful, and if the Husband is sorrowful, the Wife also is sorrowful, and whenever the Husband undertakes a Journey, the Wife puts on a careless Dress, and lays aside her Jewels and other Ornaments, and abuses no Person, and will not expend a single Dam without her Husband's Consent, and has a Son, and takes proper Care of the Household Goods, and, at the Times of Worship, performs her Worship to the Deity in a proper Manner, and goes not out of the House, and is not unchaste, and makes no Quarrels or Disturbances, and has no greedy Passions, and is always employed in some good Work, and pays a proper Respect to all Persons, such is a good Woman.

A Woman shall never go out of the House without the Consent of her Husband, and shall always have some Cloaths upon her Bosom, and at Festival Times shall put on her choicest Dress and her Jewels, and shall never hold Discourse with a strange Man; but may converse with a Sinassee, a Hermit, or an old Man; and shall always dress in Cloaths that reach from below the Leg to above the Navel; and shall not suffer her Breasts to appear out of her Cloaths; and shall not laugh, without drawing her Veil before her Face; and shall act according to the Orders of her Husband; and shall pay a proper Respect to the Deity, her Husband's Father, the Spiritual Guide, and the Guests; and shall not eat until she has served them with Victuals (if it is Physick, she may take it before they eat) a Woman also shall never go to a Stranger's House, and shall not stand at the Door, and must never look out of a window.

Six Things are disgraceful to a Woman: 1st. To drink Wine and eat Conserves, or any such inebriating Things. 2d. To keep company with a Man of bad Principles. 3d. To remain separate from her Husband. 4th. To go to a Stranger's House without good Cause. 5th. To sleep in the Day- Time. 6th. To remain in a Stranger's House.

When a Woman, whose Husband is Absent on a Journey, has expended all the Money that he gave her, to support her in Victuals and Cloaths during his Absence, or if her Husband went on a Journey without leaving any Thing with her to support her Expences, she shall support herself by Painting, by Spinning, or some other such Employment.

If a Man goes on a Journey, his Wife shall not divert herself by Play, nor shall see any publick Show, nor shall laugh, nor shall dress herself in Jewels and fine Cloaths, nor shall see Dancing, nor hear Musick, nor shall sit in the Window, nor shall ride out, nor shall behold any Thing choice and rare; but shall fasten well the House-Door, and remain private; and shall not eat any dainty Victuals, and shall not blacken her Eyes with Eye-Powder, and shall not view her Face in a Mirror; she shall never exercise herself in any such agreeable Employment, during the Absence of her Husband.

It is proper for a Woman, after her Husband's Death, to burn herself in the Fire with his Corpse; every Woman, who thus burns herself, shall remain in Paradise with her Husband Three Crore and Fifty Lacks of Years, by Destiny; if she cannot burn, she must, in that Case, preserve an inviolable Chastity; if she remains always chaste, she goes to Paradise; and if she does not preserve her Chastity, she goes to Hell.
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Re: A Code of Gentoo Laws, by Nathaniel Brassey Halhed

Postby admin » Mon May 24, 2021 7:01 am

CHAP. XXI. Of Sundry Articles.

• Sect. I. Of Gaming.
• Sect. II. Of Finding any Thing that was lost (which is called Needee.)
• Sect. III. Of the Fines for cutting Trees.
• Sect. IV. Of the Tax upon Buying and Selling Goods.
• Sect. V. Of the Quarrels between a Father and Son.
• Sect. VI. Of Serving unclean Victuals.
• Sect. VII. Of the Punishment to be inflicted on a Sooder for reading the Beids.
• Sect. VIII. Of the Properties of Punishment, and of Punishing.
• Sect. IX. Of Adoption.
• Sect. X. Of Sundries.

SECT. I. Of Gaming.

Gaming is of Two Sorts; the First Choperbazee, a Game played with Three long Dice, Chefs or Tables, and Dice, and such other Kind of Games, which are called Dote; the Second is, when Persons cause Elephants to fight with Elephants, Bulls with Bulls, Cocks with Cocks, Nightingales with Nightingales, or any other Animals in the same Manner; the Name of this Is Shemabhee: These Two Sorts of Gaming, with a conditional Wager of Stipulation, are not allowed to any Persons, even in Jest.

If any Man, either openly or in secret, plays with another at either of these Two Sorts of Gaming above specified, upon a stipulated Wager, the Magistrate shall fine that Man in any Sum that he chooses, and shall chastise him.

If any Man has a Propensity to either of these Two Sorts of Gaming, in that Case, he shall play before the Magistrate, or shall cause a Man belonging to the Magistrate to sit there while he plays; in these Two Cases, whoever is the Loser shall pay the Money which was the Condition of the Game.


If any Man, without Leave of the Magistrate, should play for a stipulated Wager, in that Case, the Conqueror in the Game shall not receive the Money played for, but the Magistrate shall fine both Parties.

When a Game is to be played for a Wager, it shall be played in Presence of a Number of People.

When a Man, having gamed with another for a Wager, receives the Money played for, he shall give that Money to the Magistrate's Officer; the Magistrate's Officer shall divide that Money, and give Half thereof to that Person, and Half to the Magistrate.

If a Man to procure himself to be Winner in a Game, cither by numbering the Squares of the Chefs-Table, or by numbering the Cowries of the Game, or by any other Method, is guilty of Artifice and collusive Practice, the Magistrate shall fine him according to his Abilities.

Whoever plays without any stipulated Condition or Wager shall not receive any Money upon the Game.

If a Man plays at these Two Sorts of Games with Deceit and Fraud, the Magistrate shall cut off Two of his Fingers.

If a Man, having played at any Game for a Stake, and, upon winning, having received the Money, doth not give to the Magistrate the Share that is appointed him, then the Magistrate shall fine him.

SECT. II. Of Finding any Thing that was lost (which is called Needee.)

If a Man, having lost any Thing for a long Space of Time, so that he hath no Hopes of finding it, should then recover it, he shall inform the Magistrate thereof; whereupon, if that Man be an ignorant and unscientifick Person, the Magistrate shall take to himself One Sixth Share of the Whole, and give the Five Sixths to the said Person; if he is a Man of Science, the Magistrate shall keep to himself One Half, and return him the rest.

If a Bramin, having for a long Space of Time lost any Thing, so that he hath no Hopes of finding it, should afterwards recover it, he shall inform the Magistrate thereof, but the Magistrate shall not take any Thing from him.

If a learned Bramin, who regulates all his Actions conformably to the Beids, should find any Thing, the Property of a Stranger, which has been lost, and of which the Proprietor is not known, he shall inform the Magistrate; the Magistrate shall not deduct any Thing from that Article, but it shall go entire to the Bramin.

If an unlearned Bramin should find any Thing, the Property of a Stranger, which has been lost, and of which the Proprietor is not known, he shall inform the Magistrate, who shall take to himself One Sixth Share of the Whole, and give the remaining Five Sixths to the Bramin.

If a Chehteree should find any Thing, the Property of another, which has been lost, and of which the Proprietor is not known, he shall divide it into Four Shares; One Fourth he shall give to the Magistrate, One Fourth to the Bramins, and keep the remaining Two Fourths to himself.

If a Bice should find any Thing, the Property of another, that has been lost, and of which the Proprietor is not known, he then shall give One Half thereof to the Bramins, and out of the Remainder he shall give One Moiety to the Magistrate, and keep the other Moiety to himself.

If a Sooder should find any Thing, the Property of another, which hath been lost, and of which the Proprietor is not known, then, having divided it into Twelve Parts, he shall give Five Twelfths thereof to the Magistrate, and Five Twelfths to the Bramins, and keep the remaining Two Twelfths to himself.

If a Man, having found any Thing that was lost, either a Stranger's Property or his own, should neglect to inform the Magistrate, he shall receive the same Punishment as a Thief.


If the Magistrate finds any Thing that was lost, the Proprietor of which is not known, in that Case, he shall give One Half thereof to the Bramins and shall take One Half to himself.

SECT. III. Of the Fines for cutting Trees.

If any Person cuts the Branches of a Male Banyan Tree, or of a Tree, or of a Moolserry Tree, or of a tamarind Tree, or of a Female Banyan Tree, or of any such large Tree, the Magistrate shall fine him Twenty Puns of Cowries; if he cuts the Middle of the Tree, he shall be fined Forty Puns of Cowries; and if he cuts it down from the Roots, he shall be fined Eighty Puns of Cowries.

If a Man cuts any Trees that are in a Yard of a House, or in a Place where the Dead are Cast, or on the Boundaries of Land, or in a Haut, or in a Bazar, or in the Place appropriated to Dewtah (i.e.) the Deity, the Magistrate shall fine him Double the Price of the Trees.

If a Man cuts a Plass Tree, the Magistrate shall fine him Double the Price of the Tree.

If a Man cuts any of the Creeping Tree called Lut, be it a large or a small Tree, or such Kind of the Lut as upon being cut produces a great Number of Branches, or any Tree whose Branches are extremely crooked, or any small Tree, or any Tree which dies after its Fruit is once ripened, the Magistrate shall fine him Ten Puns of Cowries; if he cuts down any Grass, the Magistrate shall fine him One Pun of Cowries.

If a Man cuts a Tree that is capable of bearing Fruit, the Magistrate shall fine him One Thousand Puns of Cowries.

If a Man cuts a Tree that is capable of producing Flowers, the Magistrate shall fine him Five Hundred Puns of Cowries.

Of all these Species of Trees above enumerated, if a Man cuts any One, the Magistrate shall cause him to return to the Owner, a Tree of the same Species with that which was cut; if he has no such Kind of Tree, he shall cause the Price thereof to be paid, and take a Fine, according to the Rate already above specified; nevertheless, a Man may cut Trees for the Purpose of performing the Jugg, or for making a Plough, or for his Houshold Business; in such Cases, there is no Fine.

SECT. IV. Of the Tax upon Buying and Selling Goods.

If a Man purchases Goods in his own Kingdom, and sells them again in his own Kingdom, then, whatever Profit he hath made, upon such Purchase and Sale, he shall give One Tenth of that Profit to the Magistrate; and if he made the Purchase in a foreign Kingdom, and the Sale in his own, he shall pay One Twentieth Share of the Profit to the Magistrate.

If a Man, having purchased Flowers or Roots, such as Ginger or Radishes, or such Kind of Things, or Honey, or Grass, or Fire Wood, from another Kingdom, sells them in his own, the Magistrate shall take to himself One Sixth of the Profit arising upon them, and give to that Person the other Five Sixths.

It a Man sells any Thing of a less Value than One Cahawun (or Sixteen Puns of Cowries) the Magistrate shall not take any Tax thereon.

If a Man, having purchased in another Kingdom any Paddee, or Wheat, or Plantains, or such other Fruit whose Tree dies after once bearing, brings and sells them in his own, he shall give to the Magistrate One Sixth of the Profit thereon, and keep Five Sixths to himself.

Whatever Profit a Painter, a Smith, or such Kind of Workman may have made, by labouring at his own Business, the Magistrate shall charge no Tax thereon; nor shall any Tax be taken upon the Profit which any Person hath made, as a Cossid (or Messenger) neither is there any Tax upon selling young Heifers.

If a Part of a Man's Property hath been stolen from him, no Tax shall be levied by the Magistrate upon the Sale of what remains unstolen.

If a Serwutteree (i.e.) a Bramin learned in the Beids, sells any Thing, the Magistrate shall take no Tax from him.

If a Man hath purchased any Thing for the Worship of Dewtah (i.e.) the Deity, the Magistrate shall take no Tax thereon.

SECT. V. Of the Quarrels between a Father and Son.

If a Quarrel should arise between a Father who is a Man of Capacity and his Son, whoever is Witness in such a Case, the Magistrate shall fine him Ten Puns of Cowries.

If a Quarrel should subsist between a Father who is a Man of Capacity and his Son, and any Person contrives by any Means to lengthen out the Quarrel, the Magistrate shall fine him One Thousand Puns of Cowries.

If a Quarrel should arise between a Father who is of small Capacity and his Son, whoever is Witness in such a Case, the Magistrate shall fine him Three Puns of Cowries.

If a Quarrel should subsist between a Father who is a Man of no Capacity and his Son, and any Person contrives by any Means to lengthen out the Quarrel, the Magistrate shall fine him Eight Hundred Puns of Cowries.

Whoever is Security upon a Quarrel between a Father and Son, the Magistrate shall fine him Twenty-four Puns of Cowries.

If a Son commits a Fault, the Father shall not be held as guilty for the Fault of the Son.

SECT. VI. Of Serving unclean Victuals.

If a Man causes a superior Bramin to eat Dung or Urine, the Magistrate shall fine him Sixteen Ashrusies; if it be not a superior Bramin, he shall fine him One Thousand Puns of Cowries; and if he causes him to eat Onions or Garlick, the Magistrate shall fine him One Hundred Ashrusies; if he causes him to drink Wine, he shall put him to Death.

If a Man causes a superior Chehteree to eat Dung or Urine, the Magistrate shall fine him Eight Ashrusies; if it be not a superior Chehteree, he shall fine him Five Hundred Puns of Cowries; and if he causes him to eat Onions or Garlick, or to drink Wine, he shall fine him Fifty Ashrusies.

If a Man causes a superior Bice to eat Dung or Urine, the Magistrate shall fine him Four Ashrusies; if it be not a superior Bice, he shall fine him Two Hundred and Fifty Puns of Cowries; and if he causes him to eat Onions or Garlick, or to drink Wine, he shall fine him Twenty-five Ashrusies.

If a Man causes a superior Man of the Sooder Cast to eat Dung or Urine, the Magistrate shall fine him Two Hundred and Fifty Puns of Cowries; if it be not a superior Person, he shall fine him One Hundred and Twenty Puns of Cowries.

If a Man causes a Person of the Arzal or lower Cast to eat Dung or Urine, the Magistrate shall fine him Fifty-four Puns of Cowries.

If a Bramin voluntarily eats Onions or Garlick, the Magistrate shall banish such Bramin from the Kingdom.

SECT. VII. Of the Punishment to be inflicted on a Sooder for reading the Beids.

If a Man of the Sooder reads the Beids of the Shaster, or the Pooran, to a Bramin, a Chehteree, or a Bice, then the Magistrate shall heat some bitter Oil, and pour it into the aforesaid Sooder's, Mouth; and if a Sooder listens to the Beids of the Shaster, then the Oil, heated as before, shall be poured into his Ears, and Arzeez and Wax shall be melted together, and the Orifice of his Ears shall be stopped up therewith.— This Ordination serves also for the Arzal Tribe.

If a Sooder gets by heart the Beids of the Shaster, the Magistrate shall put him to Death.


If a Sooder assumes the Braminical Thread, the Magistrate shall fine him Eight Hundred Puns of Cowries.

If a Sooder always performs Worship and the Jugg, the Magistrate shall put him to Death, or fine him Two Hundred Ashrusies.

If a Sooder gives much and frequent Molestation to a Bramin, the Magistrate shall put him to Death.

If a Sooder assumes the Customs and Appearances of a Chehteree, and passes his Time as such, the Magistrate shall confiscate all his Effects, and banish him the Kingdom; and if, assuming the consecrated Thread of a Bramin, he passes his Time as such, he shall fine him Eight Hundred Puns of Cowries.

SECT. VIII. Of the Properties of Punishment, and of Punishing.

Punishment* [Here the Image of Punishment is introduced, or rather Punishment is personified.] is the Magistrate; Punishment is the Inspirer of Terrour; Punishment is the Nourisher of the Subjects; Punishment is the Defender from Calamity, Punishment is the Guardian of those that sleep; Punishment, with a black Aspect and a red Eye, terrifies the Guilty: If the Magistrate inflicts Punishment according to the Shaster, then Punishment produces such Consequences as have been already specified in the Kingdom of that Magistrate.

He who is of a good Character, and a Man of Veracity, and who forms his Actions according to the Ordinations of the Shaster, and who retains learned Pundits about him, and he himself also is a Man of Science, and not avaricious, such Person is worthy to be a Magistrate, and to have the Power of inflicting Punishment.

He who is not assisted by learned Pundits, and who is avaricious, and who is not a Man of Science, and who pays no Regard to the Shaster, and who doth not practise what he hath read, and who doth not speak the Truth, and is not of a good Character, such Person is not worthy to be a Magistrate, and to have the Power of inflicting Punishment.

If a Magistrate doth not inflict Punishment according to the Shaster, his Subjects, and his Kingdom, and his Possessions, and the Children of his Relations, become miserable and contemptible.


If a Magistrate inflicts Punishment upon the Guilty, and honourably treats the Innocent, such a Man has all the Requisites for Magistracy, and is always successful, and enjoys a good Character, and in the next World goes to Paradise.

SECT. IX. Of Adoption.

He who is desirous to adopt a Child must inform the Magistrate thereof, and shall perform the Jugg, and shall give Gold and Rice to the Father of the Child whom he would adopt; then, supposing the Child not to have had his Ears bored, or to have received the Bramincal Thread, or to have been married in his Father's House, and not to be Five Years old, if the Father will give up such a Child, or if the Mother gives him up by Order of the Father, and there are other Brothers of that Child, such a Child shall be adopted.

A Woman may not adopt a Child without her Husband's Order; if she has her Husband's Consent, she may cause the Bramins to perform a Jugg for her, and may adopt the Child:— According to the Ordinations of Sewarteh Behtacharige: Approved (or Customary.)— Pacheshputtee Misr speaks to this Effect, that, even with the Husband's Consent, a Woman may not adopt a Child.

A Sooder may adopt a Child, upon procuring a Jugg to be performed for him by the Bramins.

He who has no Son, or Grandson, or Grandson's Son, or Brother's Son, shall adopt a Son; and while he has One adopted Son, he shall not adopt a Second.  

SECT. X. Of Sundries.

If a Man, keeping any of such Species of Animals as have Teeth and Horns, and being able to restrain and confine the Strength of that Animal, neglects to secure him, in that Situation, if the aforesaid Animal with his Horns should hurt any Person, or bite him with his Teeth, then the Magistrate shall fine the Owner thereof Two Hundred and Fifty Puns of Cowries; but if that Person has not Strength or Ability to restrain the aforesaid Animal, and any Person should be hurt thereby, the Owner of the Animal shall not be blamed.

If a Man keeps a Cow, or a Buffalo, or a Horse, or an Elephant, or a Camel, or a Wolf, or a Dog, and the Animal of any of these Kinds should stand in the Way, and a Person, passing by upon the Road, should desire the Owner of the Animal to keep it on one Side, then, supposing the Owner to have Ability to keep the Animal on one Side, upon his neglecting so to do, if the Animal should by any Means hurt the Passenger, the Magistrate shall fine the Owner thereof Five Hundred Puns of Cowries.

If a Man exacts Labour from a Bullock that is hungry, or thirsty, or fatigued, or obliges him to labour out of Season, the Magistrate shall fine him Two Hundred and Fifty Puns of Cowries.

If any Man, by giving greater Wages than the Custom of the Country requires, entertains a Servant, so that all other Persons, by his giving such great Wages, are put to great Inconvenience, or if, when the Magistrate hath fixed the Price of any Article, he buys or sells such Article at a higher or lower Rate, or if, by any Cozenage and Deceit, he sells an Article of low Value for too great a Price, or, by Cozenage and Deceit, purchases a valuable Commodity at too low a Rate, the Magistrate shall fine him One Thousand Puns of Cowries.

If a Man, without an Order of the Magistrate, sells an Elephant that is fit for Business, or a Horse that is fit for Business, or a Camel that is fit for Business, or any valuable Jewels, or if a Man sells any Article which the Magistrate  hath forbidden to be sold, the Magistrate shall fine him the Price of the Article sold.

If a Man Uses any severe Expression against the Person who hath taught him the Goiteree, or if a Pupil does not observe the Commands of his Spiritual Guide, or is prepared to assault the Wife of his Elder Brother, or if a Man, having been intruded to carry any Article from one Person to another, doth not deliver it accordingly, Of if a Man hath opened the Lock of any Person's House, or if a Man hath a malevolent Disposition towards a Stranger, the Magistrate shall fine the Offender, in any of these Cases, Fifty Puns of Cowries.

If a Man, who hath received any Molestation from a Thief, or any other ill-disposed Person, should say to another, "I receive such Molestation from a Thief, or from such other ill-disposed Person, come you and free me from him," then, if that Person, having sufficient Ability for the Purpose, doth not assist, or speak for the other, the Magistrate shall fine him One Hundred Funs of Cowries.

If a Man, who hath not been molested by a Thief, or any other Person, should say, "I am molested by a Thief, or by such other ill-disposed Person, I entreat the People to come to my Assistance," in that Case, the Magistrate shall fine him One Hundred Puns of Cowries.

When a Sooder, or a Sinassee, is performing a Seradeh, or a Worship to Dewtah, if, upon an Invitation from such Men, a Bramin should eat or drink there, or if a Man takes an Oath which does not belong to him to take, or if a Man should perform any Act which he is not permitted by the Shaster to perform, or if a Man hath administered any such Kind of Philter, so that there is no Fruit produced by the Trees, or causes a Cow to take such a Medicine as that she brings forth no Calf, or if a Man, having concealed any Partnership Property, converts it to his own Use, or if a Man of the Arzal, or low Cast, intentionally strikes with his Hand a Bramin, a Chehteree, or any other such superior Cast, the Magistrate shall fine the Offender, in any of these Cases, One Hundred Puns of Cowries.

If a Father forsakes a Son, who has no Stain upon his Character, such as the Lost of Cast and such other disgraceful Circumstances, or if a Son, of his own accord, forsakes his Father, who has no Stain upon his Character, or if a Friend forsakes his Friend, who is without Blemish, or if a Brother forsakes a Brother, without Discovery of any Fault in him, or if a Husband forsakes his Wife, without Fault in her, then, if any of these, if both the Parties are unfit for Business, and have no Remedy but that of Separation, the Magistrate shall fine the forsaking Party One Hundred Puns of Cowries; if, without any Reason, but merely their own Choice, the one forsakes the other, the Magistrate shall fine him Two Hundred Puns of Cowries; if of the Two Parties one is fit for Business and the other unfit, then, if the unfit Person of his own Choice, quits the other, the Magistrate shall fine him Six Hundred Puns of Cowries.

If one Person be going on a Road, and another be coming on it, then, whomsoever the Ordinations of the Shaster require to give up the Way to the other, that Person shall give way accordingly: — The Distinctions of giving way are as follows: If one Man is blind, and the other hath his Sight, this latter shall give way to the Blind; if one Person be deaf, and the other hath his perfect Hearing, the latter shall give way to the Deaf: A Man shall give way to a Woman, and a Man empty-handed shall give way to a Man with a Burden; the Subject shall give way to the Magistrate, the Pupil to the Spiritual Guide; and so always an inferior Person shall give way to a superior, and an inferior Cast to a superior, and an inferior Degree of Knowledge to a superior Degree; a Man in Health shall give way to a sick Person; and all Persons shall give way to a Bramin: If any Person doth not give way according to this Rule, the Magistrate shall fine him Twenty Puns of Cowries.

If a Man doth not give a Carpet to sit on, to such Person as he ought to present with such a Seat, or doth not treat with proper Veneration a Person to whom Veneration is due, or who, neglecting a faultless Bramin in his Neighbourhood, invites a Bramin from a considerable Distance, or who, having invited any Person, doth not offer him any Thing to eat, or who, having accepted an Invitation, doth not go to the House whither he was invited accordingly, the Magistrate shall fine the Offender, in such Cases, One Masheh of Gold.

If a Man, having accepted anothers Invitation, doth not eat at his House, then he shall be obliged to make good all the Expence that was incurred in consequence of the Invitation.

If the Magistrate appoints any Man upon the Road to this Effect, to take a Toll from all passengers going or coming by Water, and that Man levies a Toll upon those who come or go by Land, the Magistrate shall fine him Ten Puns of Cowries; in the same Manner, if he has appointed him to the Land Collections, and he levies any Thing from the passengers by Water, the Magistrate shall then also fine him Ten Puns of Cowries.

If any Man goes to a Woman, and forcibly commits Adultery with her, and that Woman, from Bashfulness and Modesty, exclaims, that Thieves attacked her House, then the Magistrate shall fine that Woman Five Hundred Puns of Cowries.

If any Man forcibly commits Adultery with a Woman, and the Woman, by Exclamations, being desirous to call the Neighbourhood, the Man gives her Something as a Bribe, so as to make her desist from her Exclamations, then, whatever Bribe the Woman hath taken, in such a Case, the Magistrate shall fine her Eight Times as much.


If a Man, saying, that the Cloaths, which he has taken from the Body of some deceased Person, are fit for Use, and valuable, sells them as such, or, without the Order of the Magistrate, rides out with the Dignity of a Magistrate, or sits upon the Musnud of the Magistrate, the Magistrate shall fine an Offender, in such Cases, Five Hundred Puns of Cowries.

If a Man performs a Jugg, to procure the Death of any innocent Person, the Magistrate shall fine him Two Hundred Puns of Cowries.

If a Man, to procure the Death of any innocent Person, by any Contrivance, causes him to drink a Potion, or otherwise meditates his Death, the Magistrate shall fine him Two Hundred Puns of Cowries.

If a Man bores a Hole through any Jewel which is not proper for boring, or, in such as are proper for boring, makes a Hole in the wrong Place, or mixes any base and worthless Article with one that is valuable, the Magistrate shall fine him Two Hundred and Fifty Puns of Cowries.

If a Man sells any Thing unfit to eat, calling it an Eatable, or if any Cast sells any Articles that are forbidden to be sold by that Cast, or if a Bramin, quitting his prescribed Mode of Life, hath adopted other Manners, in any of these Cases, the Magistrate shall fine the Offender One Thousand Puns of Cowries.

If any Man demolishes the Bundareh (i.e ) the Treasury and Store-House of the Magistrate, or performs the Jugg, or the Poojeh, or such other religious Exercises, with a malevolent Intent towards the Magistrate, or if, being appointed to any Business, he spoils that Business, or if he always takes Bribes, in any of these Cases, the Magistrate, confiscating the whole Property of the Offender, shall banish him the Kingdom.

If a Man, by Casting Briers into the Road, blocks up the Passage, or mixes Poison with any Preparation, Salt, or Acid, or Bitter, or Sweet, or who marries to a Slave any Woman who is not herself a Slave, in such Cases, the Magistrate shall cut off One of the Offender's Limbs; if he is always guilty of these Practices, the Magistrate shall put him to Death.

In any Place where the Magistrate is playing with any Person at Choperbazee, or at Tables, or any other such Kind of Game, in that Case, if any Person, without Permission of the Magistrate, interposes with his Hand, or by speaking, the Magistrate shall put him to Death.

If any Man, without Permission of the Magistrate, dresses himself in Cloaths like those of the Magistrate, or who, being appointed to an Office in the Magistrate's Service, continually neglects his Duty, to employ himself in idle Amusements, or to hear Singing, or, in any other Dissipation, misspends Time, or who collects a greater Revenue than the Magistrate hath ordered, or who aims at the Magistracy, without being Descended from the Magistrate's Family, in such Cases, the Magistrate shall put the Offender to Death.


If a Man, for his own Advantage, makes any false Entry in the Magistrate's Books, or, having discovered a Thief, or an Adulterer, suffers him to escape unpunished, the Magistrate shall fine him One Thousand Puns of Cowries.

If a Man, of his own Invention, says, that the Magistrate has intrusted to him the Discussion of any particular Affair, which, in fact, the Magistrate has not so intrusted, and, upon this Assertion, has caused Damage to any Persons, the Magistrate, in that Case, shall fine him to the Extent of his Abilities; if he be more than once guilty of the same Offence, he shall cut off One of his Limbs; if he hath a violent Propensity to such Crimes, he shall put him to Death.

If any Man disobeys the Order of the Magistrate, which may be executed, and which is proper, the Magistrate shall cut off from him a Hand, or a Foot, or some other Limb; if he always offends in this Manner, he shall put him to Death.

If a Man makes complaint before the Magistrate against the Magistrate's Counsellor, without any real Fault in him, or performs any Business or Service for the Magistrate's Accuser, the Magistrate shall put him to Death.


If the Magistrate's Officer hath brought before the Magistrate any Person for any Crime, and, upon the Magistrate's examining that Person, he should deny the Crime laid to his Charge, then, even if a small Offence be proved against him, upon a trifling Crime, the Magistrate shall levy a great Fine.

If a Woman causes any Person to take Poison, or sets fire to any Person's House, or murders a Man, then the Magistrate, having bound a Stone to her Neck, shall drown her, upon Condition of her not being with Child.

If a Woman murders her Spiritual Guide, or her Husband, or her Son, the Magistrate, having cut off her Ears, her Nose, her Hands, and her Lips, shall expose her to be killed by Cows, on Condition of her not being with Child.


If a Man spoils any Article made of Leather, or any Wooden or Clay Vessels, the Magistrate shall fine him Five Times as much.

If a Man causes another to do any bad Action, the Magistrate shall take from him Double of the Fine annexed to the Commission of any particular Crime: If a Man says to another, "Do you commit this bad Action, I will stand to all the Expences that may arise," then the Magistrate shall fine him Four Times as much.

If a Man causes another to begin any bad Action, or shews him the Way to commit a bad Action, or furnishes him with any Implements for the Commission of it, or who, suspecting that the other Person is a Thief, gives him a Place where to reside, in these Cases, the Magistrate shall fine him to the Extent of his Abilities.

When a Man hath murdered another, if a third Person, who had Power to restrain the Murderer, neglected to do it, or, not having Power of himself to restrain the Murderer, yet, by speaking to another Person, could have caused him to be restrained, and neglected to speak, or when the Magistrate is prepared to chastise any Person, if another, at that Time, relates his Faults, or when a Man tells another, that he is desirous to commit a bad Action, if the other advises him thereto, the Magistrate, in these Cases, shall fine the Offender to the Extent of his Abilities.

If a Man, having committed a bad Action, should say, in Presence of the Magistrate, or of a considerable Number of Persons, that he hath committed such Crime, the Magistrate shall exact from him but Half the Fine.

If a Man in immediate Danger of his Life, by committing a bad Action, can save his Life, in that Case, the Magistrate shall not fine him.

If a Man of Veracity and general good Principles ignorantly commits any bad Action, the Magistrate shall not fine him.  

If a Man, intending to commit a bad Action, hath proceeded so far as to commit some little Part of that bad Action, the Magistrate shall fine him One Quarter Part of the whole Mulct stated for such Crime; if he has proceeded still farther in the Commission of that Crime, the Magistrate shall take from him One Half of that Fine; if he completes the said bad Action, he shall take the equivalent Fine.

If a Reyot commits any Crime, the Magistrate, immediately upon receiving Information thereof, shall exact the Fine, and give him severe Caution not to commit the same Crime a Second Time.

In any Case where many Persons in Confederacy commit any Crime, the Magistrate shall take from each Individual a double Fine.

Punishment is of Two Sorts: The First Corporal, or Infliction of Severity upon the Body, and that is also of Two Sorts; the First binding and lashing the Body, or cutting off some of the Limbs; the Second putting to Death: The Second Sort of Punishment is Attachment of Property, and this has various and many Modes.

If a Man is frequently guilty of any of those Crimes, the Fine for which is stated at One Pun of Cowries, the Magistrate shall fine him One Masheh of Silver; if he frequently commits such Crimes as are stated at One Masheh of Silver, then the Magistrate shall fine him One Cahawun of Cowries; if a Man frequently commits any of those Crimes, the stated Fine for which is One Cahawun  to Two Hundred and Forty-nine Puns of Cowries, then the Magistrate shall fine him Four Times as much; beyond this, in such Sort of Crimes, there is no greater Fine.

In Cases where the stated Fine to be taken from any Man, for a particular Crime, is One Cahawun of Cowries, if the Magistrate commits such Crime, in that Case, the aforesaid Magistrate shall be fined One Thousand Puns of Cowries.

If a Wan of the Arzal Cast, after Contact, of whom Washing is necessary, or if a Man sprung from the Womb of a Woman of superior Cast, and from the Loins of a Man of meaner Cast, or if a Woman, or a Child, or a Man in Necessity, commit any Fault, the Magistrate, from such Persons, shall not exact any Fine.

In Crimes where a Man's whole Property is to be taken as the Fine for them, if Painters commit such a Crime, the Magistrate, giving to them the necessary Implements for Painting, shall confiscate the whole of their Property.

If a Man, who gets his Livelihood by Tillage, commits such Crime as that his whole Property becomes liable to Confiscation, then the Magistrate, leaving him such Subsistence and Implements of Tillage as, upon Computation, will serve till his Crop is ripe, shall confiscate all the Rest of his Property.

If Singers, Musicians, or Dancers, commit any such Crime as that the whole of their Property becomes liable to Confiscation, then the Magistrate, giving them the Implements of their Profession, shall confiscate all the Rest of their Property.

If a Dancing Girl (or common Prostitute) commits such Crime as that all her Property becomes liable to Confiscation, the Magistrate, giving to her her Cloth, or Carpet, for sitting, her Cloaths, Jewels, and a Place of Abode, shall confiscate all the Rest of her Effects: In the same Manner, to a Soldier, shall be given his Implements of War; and to a Man, exercising any Profession,  the Implements of that Profession shall be exempted from the Confiscation of all the Rest of his Property.

In Cases where it is ordered a Man shall be put to Death, instead thereof, he shall pay One Hundred Ashrusies; and where it is specified, that One of his Hands, or One of his Feet shall be cut off, instead thereof; he shall pay Fifty Ashrusies; and instead of having Two of his Fingers cut off, he shall pay Twenty-five Ashrusies; so also, where Banishment from the Kingdom is his Sentence, instead thereof, he shall be fined Twenty-five Ashrusies.

If in Two Places Two different Fines are specified for the same Crime, it must then be considered, whether the Offender hath committed this Crime Once only, or repeatedly; if he hath but Once been guilty, then, in the place where a smaller Fine is specified, according to that Specification he shall be fined; and if he hath frequently committed the same Offence, then he shall pay the larger Fine: It shall be considered also, whether the Criminal be a Man of large or of inconsiderable Property; if he is a Man of large Property, he shall pay according to the Specification of the larger Fine; if he is not a Man of Property, then he shall be fined according to the smaller Mulct specified.

Is Cases where it is specified, that a Man shall be fined the same Mulct as a Robber, or as an Adulterer, or any other Offender, then, whatever Fine is specified to each particular Crime, a Fine of Half as much as that stated Fine shall be taken from him.

If Men of Rank, or of good Principles, or of Learning, commit such a Crime as to deserve a capital Punishment, and are not Men of Property, the Magistrate shall take from them less than One Hundred Ashrusies, in proportion  to their Fortune; if they frequently commit the same Crime, the Magistrate shall confiscate all their Property, by way of Fine, and shall banish them the Kingdom.

If a Bramin, who hath always acted in conformity to the Beids, commits such a Crime as to deserve capital Punishment, then the Magistrate, to prevent him in future from the Commission of such Crimes, shall confine him in perpetual Imprisonment: If a Chehteree, or Bice, or Sooder, is unable to pay such Fine as is ordained by the Shaster, the Magistrate shall cause them to labour in lieu of such Fine; but he shall not cause a Bramin to labour in this Manner, but shall take the Fine from him by small Proportions.

If a Woman of Property commits a Crime, the Magistrate shall fine her; if she hath no Property, he shall chastise her.

If a Child, or an old and impotent Person, or a sick Man out of Ignorance, or an Idiot, commits any Crime, the Magistrate shall not take any Fine from such Persons, but shall chastise them.

If a Bramin goes to wait upon a Magistrate, the Servants and Derbans shall not obstruct his Entrance, but shall give him a ready Admittance.

If a Bramin be passenger in a Boat, he shall not pay any Cowries to the Watermen, and he shall enter into the Boat before any of the other Passengers, and shall also come out before them.

If a Bramin, having purchased any Goods, be passenger in a Boat, he shall not pay any Thing to the Waterman, upon Supposition that he has not bought those Goods for Traffick or Sale.

If a Man borrows Honey, or Sugar, or Salt, and does not repay it in the Space of Fifty Months, he shall be obliged to give Eight Times as much.

If a Man hath borrowed any Seed, he shall be obliged to return Six Times as much, upon Supposition that he does not repay it in the Space of Fifty Months.

If a Man hath intrusted, to be tended by a Herdsman, a Cow, or a Female Buffalo, and hath stipulated some Milk for the Herdsman's Wages, then, upon the Owner's neglecting, for a long Time, to take back such Cow or Buffalo, the Herdsman shall take the Calves produced from them as his own Property.

Exclusive of those Articles sold by Weight, of which mention is made in the Chapter of Borrowing, if a Man borrows any other Article that is sold by Weight, and does not repay it for a long Space of Time, he shall be obliged to give Eight Times as much.

If a Man, having been Loser at any Game, hath, for a long Time, omitted to pay the Wager stipulated thereupon, he nevertheless shall not pay Interest upon it.

If a Man hath by Slight and Cunning taken any Thing from another, that Person, at the Time of recovering his Property, shall not receive any Interest thereon.

If a Man, depositing a Pledge with any Person, borrows Money of him, and the Pledge by any unexpected Accident be destroyed, then the Borrower shall commit some other Article to the Lender's Charge, until Repayment of the Money, or shall repay the Money upon the Spot.

If a Pledge, in the Hands of a Creditor, be destroyed by any Fault of the Creditor, then, supposing the Value of the Pledge to be equivalent to the Money lent, the Borrower shall not make good the Debt; if the Value thereof be less than equivalent, the Borrower shall make good the Amount of the Deficiency; if the Price of the Pledge be more than equivalent to the Money borrowed, the Debt shall go in Part Payment thereof, and the Creditor shall be obliged to make good the Remainder.

If a Father, having borrowed Money, from absolute Inability, neglects to pay the same, his Son, if able to furnish the Money, shall pay the Debt.

If a Husband borrows Money, his Wife shall not repay it; if a Son borrows Money, the Mother shall not pay the Debt; if they have incurred the Debt by mutual Consent, the Mother must pay it.

If a Creditor Once only obliges his Debtor to perform any Labour on Account  of the Debt, which is not proper for that Debtor to perform, the Magistrate shall fine that Creditor Two Hundred and Fifty Puns of Cowries.

If a Man, having incurred a Debt, is unable to pay it, on Account of a Famine, or any such Calamity, the Creditor shall be contented to receive the Money in small Proportions, and shall not exercise any violent Severity against the Debtor.

If a Man brings a Claim against any Person, saying, "You owe me a Sum of Money," and that Person denies the Debt, then, upon the Creditor's proving the Debt, that Person, if he be rich, shall be fined Twice as much as the Debt; if he be a Man of inconsiderable Property, he shall be fined a Sum equivalent to the Debt.

If a Man, having borrowed Money of several Lenders, hath purchased Goods therewith, and all the Creditors assemble together at Once, and the Debtor hath no immediate Means of paying them, then whatever Goods he hath purchased with each Creditor's Money shall be sold, to repay each Creditor respectively.

When a Debtor hath paid his Creditor the Sum of his Debt, he shall receive his Bond back from the Creditor, and shall tear it; and shall also take a written Release or Receipt from the Creditor.

If a Man hath borrowed Money from a Lender, and hath not given a Bond, but there be Witnesses to the same, then, at the Time of Repayment, the Money shall be delivered in Presence of the same Witnesses.

If any Man, having been expelled and excommunicated from his Cast, performs the Perasuchut, or Expiation, then, during his Life-Time, his Son, and Grandson, and such other natural Heirs, shall not become possessed of his Estate; but his Property shall be divided among them, according to their Right of Inheritance.

If there are Two, or Four, or more Heirs, and One or Two of them, by applying to Use the Partnership Property, acquire some Profit from thence, then all the Partners, according to their Property in the Stock, shall receive a Share of the Profit; but he who acquired this Profit shall divide their Property into equal Shares, and first shall take One Share thereof to himself, and of the rest they all shall take Shares respectively, according to their Proportion of the Stock: But this Ordination is only to be understood in Cases of unequal Shares in a Joint Concern; if the Shares of all the Partners are equal, then he who acquired the Profit thereon shall receive Two Shares, and the others shall each receive One Share.

If the several Partners have an equal Right to a Female Slave, or to a Slave, then all the Partners shall exact an equal Portion of Service from that Slave, or Female Slave.

If any One of the Partners hath concealed any Part of the Joint Property, then, upon Discovery thereof, such concealed Property shall be divided among the Partners; but they shall not receive any Share of that Property which hath already been divided.

If a Man hath forcibly taken any Thing from another, or forcibly caused him to sign any Writing, or by Violence expended any of his Property, it is not approved.

If a Man, by forcible Means, or, by any deceitful Artifice, hath sold any Thing, or managed any other Transaction, it is not approved.

If, during the Night-Time, or in a concealed Part of the House, or without the Precincts of the Town, or in such other concealed and suspicious Places, a Man hath bought and sold any Thing, or managed any other Transaction, it is not approved.

If a Woman, or a Person intoxicated, or an Idiot, or a sick Person, or a Child, or a Man under violent Dread, hath performed any Transaction, it is not approved.

Exclusive of the Plaintiff and Defendant, and the Vakeel, or the Son, or the Slave of the Plaintiff and Defendant, if any other Person takes upon him to settle the Affairs, it is not approved.

If a Man doth not give up Goods intrusted to him, when the Person who intrusted them demands the same, then, if he be rich and void of Religion, the Magistrate shall fine him Twice as much as the Value of the Goods in Trust; if he is not a Man of Property, nor void of Religion, he shall only fine him an Equivalent.

If a Man ignorantly, without any accidental Calamity, spoils Goods intrusted to him, in that Case, he is not to make good the whole of the Effects in Trust, but he shall pay somewhat less than the Value of the Property intrusted to him, and the Sons of that Person are not to pay any Part thereof.

If the Goods in Trust be spoiled by the Fault of the Sons, then the Sons also shall pay.

When a Pupil takes Leave of his Master, after having been Instructed in any Science, the Master, upon giving him his Dismission, shall give him some Money, according to the Extent of his Abilities.

If a Man, having received Service at the Hands of a Servant, doth not pay him his Wages, the Magistrate shall cause him to pay the Wages, and shall also fine him.

If a Man hath married any Female Slave, he becomes the Slave of the Owner of that Female Slave, in Case he is not already the Slave of any Person; if he is the Slave of any Person, and marries that Female Slave, with the Consent of his Master, he then also becomes the Slave of the Owner of the Slave Girl.

If a Marriage is contracted between a Slave and a Slave Girl, without the Consent of the Owner of the Slave, or that of the Owner of the Slave Girl, then the Slave continues to belong to his original Owner, and the Female Slave also remains with her original Owners.

If any Person's Cow, being covered by another Person's Bull, should produce a Calf, then the Owner of the Cow shall have the Calf, and the Owner of the Bull shall not have Power to lay any Claim to it.

If a Man, having purchased any Goods, doth not pay the Toll thereon in the Bazar, or at the Chokey, the Magistrate shall take Eight Times as much as the Toll from him; if that Person, for the Sake of avoiding Payment of Toll, quits the right Road and takes another, the Magistrate shall confiscate all his Property.

If a Man, to avoid paying Toll, doth not sell his Goods at the regular Hours of Sale, but sells them privately, the Magistrate shall fine him Eight Times as much.

In a Transaction of returning purchased Goods, if the Purchaser returns such Articles within the Time limited for that Purpose, in the Chapter of Buying and Selling, then he shall divide that Space of Time into Three Parts; if he returns the Goods within the Space of the First Division of Time, it is of no farther Consequence; if he returns them within the Second Division of Time, he shall give One Thirtieth of the Price of the Article, together with the Article returned to the Seller; if within the Third Space of Time, he then shall give to the Seller One Fifteenth of the Price of the Article, together with the Article so returned; and, after the Expiration of that Space of purchased Articles must not be returned.

In the Chapter of Buying and Selling, according to the Space of Time therein limited for returning purchased Goods, if a Man, having bought any Commodity, returns it after the Expiration of that Period, or, having sold any Articles, takes them back again, the Magistrate shall fine that Person Six Hundred Puns of Cowries.

If a Man, having purchased a Cow or a Buffalo that gives Milk, returns it within the Period of Time limited for such Returns, he shall, upon returning the same, give One Tenth of the Price thereof to the Seller; in returning purchased Cows or Buffaloes, there is no Division of the limited Period into Three Parts, as before.

If the Purchaser of the Cow or Buffalo hath taken the Purchase into his own possession, he shall give to the Seller One Sixth of the Price thereof.

If a Man gives false Testimony in a Matter of Limits and Boundaries, then the Magistrate shall fine him Two Hundred and Fifty Puns of Cowries.

If that Person is an immediate Neighbour to those Boundaries, then the Magistrate shall fine him Five Hundred Puns of Cowries.

If a Man steals any Thread, or Cotton, or Cow Dung, or Grass, or Water, or Sugar Cane, or Vessels of Bamboo (that is Cane) or Salt, or Earthen Pots, or sand, or Dust, or Clay, or Fish, or Birds, or bitter Oil, or Flesh, or Honey, or Leather, or Ivory, or the Horns of Animals, or Wine, or Victuals, or Fruit, which any Person hath bought for his own Use, then the Magistrate, causing such Articles to be returned to the Owners, shall fine the Thief One Hundred Puns of Cowries.

The Shait, or Pooshteh-bundee, is of Two Sorts: The First, Khieu (i.e.) a Bridge, through which the Water has free Passage; the Second, Bundboo (i.e.) Bank, or Dam, through which the Water does not flow.

If a Man erects such a Bridge or Bank upon the Land of another Person, and that Person sustains a small Injury from the said Bank, and the Publick receives a material Benefit, then that Person is not permitted to interrupt the Progress of the said Pooshteh-bundee.

If a Man hath erected a Bridge or Bank upon any particular Spot, from the Construction of which Bridge or Bank the Crops upon other Persons Grounds are much benefited, this Man hath no Power to claim the said Crops; but the Owners of the Land shall possess the Crops respectively.

If a Chehteree commits Adultery with a Woman of the Bramin Cast, has no Master, by her own Consent, the Magistrate shall fine the said Chehteree One Thousand Puns of Cowries, and shall cause the Hair of his Head to be shaved off with the Urine of an Ass.

If any Man stikes the Anus of another, the Magistrate shall fine him Forty Puns of Cowries.

Whatever Ordination such Bramins as are Pundits delivered to the Reyots from the Shaster, the Reyots shall acknowledge and obey the same: Whoever, being a Pundit, does not speak the Sentiments of the Shaster, the Magistrate shall fine him Two Hundred and Fifty Puns of Cowries.

Upon the Magistrate's having made a regular Investigation, whatever Orders he shall issue to any Person, if that Person does not act in conformity thereto, the Magistrate shall fine him.

Men that vilify the Magistrate, or Men of innate bad Principles, or Men, who, without Reason, cause any internal Uneasiness to others, the Magistrate shall banish all such from the Kingdom.

If a Man, having always been used to eat and drink with another, without any Fault of that Person, will no longer eat and drink with him, then the Magistrate shall hold him guilty.

If several Persons in a Confederacy refuse to pay to the Magistrate his proper Dues, the Magistrate shall exact Eight Times as much from each Individual.

If any Person, having borrowed Money in the Name of several Persons, applies the same to his own Use, that Person shall be obliged to pay the Debt.

If the Father or Mother of the Magistrate, or any Person who hath taught the Goiteree, or a Child, or a weak old Person, or a Man of Rank and Knowledge in the Beids of the Shaster, and who acts in conformity to the Beids, or a Kinsman and Relation of the Magistrate, commits a Fault, the Magistrate shall not take a pecuniary Fine from such Persons, nor shall cut off their Limbs, but shall utter severe Expressions of Wrath against them.

If a Sinassee, or a Ban Perust, or a Berhemcharry, commits any Crime, the Magistrate shall not take from them any pecuniary Fine, and shall not cut off the Limbs of such Persons, but shall anathematize them.

There is no Crime in the World so great as that of murdering a Bramin; wherefore the Magistrate shall never desire the Death of a Bramin, nor shall he ever cut off his Limbs.

If a Bramin is guilty of drinking Wine, he shall be branded in the Forehead with the Sooradhuch:— Sooradhuch is that, at the Time of drinking Wine, upon turning down the Cup, in such Manner as that the Wine falls from the Mouth of the Cup; in the same Form, they shall brand the Bramin's Forehead with a hot Iron.

If a Bramin commits Adultery with any of his Father's Wives, exclusive of his own Mother, the Magistrate shall brand him with a hot Iron in the Forehead with the Mark of the Pudendum Muliebre.

If a Bramin hath murdered another Bramin, the Magistrate shall brand him in the Forehead with the Mark of a Man without a Head.

Every Bramin, who does not every Day act according to the Shaster, and who acts in contradiction to the Shaster, shall be confined in Prison by the Magistrate, until such Time as he reverts to the Duties of his Religion; if he never reverts to the Duties of his Religion, he shall be banished the Kingdom.


The Magistrate shall not take any of the Property termed Maha Patuk (a Description of which is to be found in the Chapter of Pak-Parish) if he takes a Fine from thence, he shall Cast it into the Water, or shall give it to such Bramin as is firm in his Religion, and who acts in conformity to the Beids; if the Magistrate doth not appropriate to himself the Property called Maha Patuk, but acts according to what is herein enjoined, then the Lives of Men are prolonged in his Kingdom, and Learning flourishes there, and beautiful Children are propagated there.

From a Man that is rich, a larger Fine than that respectively specified shall be taken, that, feeling the Inconveniencies of the Mulct, from the Fear thereof, he may be restrained from the Commission of such Crimes a Second Time.

After being acquainted with the Fines dated for each particular Species of Theft, as mentioned in the Chapter of Theft, if a Sooder commits a Robbery, he shall pay Eight Times as much; if a Bice, he shall pay Sixteen Times as much; if a Chehteree, he shall pay a Fine of Thirty-two Times as much; if he be a Bramin, he shall pay Sixty-four Times as much; if he be a Bramin of extensive Knowledge, he shall pay One Hundred Times as much; if he be a Man of the greatest Rank, he shall be fined One Hundred and Twenty Times as much.

According to the Ordinations delivered in this Pootee, or Compilation, the Magistrate shall administer justice; if any Master should come before him, which is not included herein, he shall consider the general Scope of this Pootee, and judge accordingly, and fine proportionably; and in such Cases where the Fine is not particularly specified, he shall investigate the Affair, and take a Fine.

THE END.  
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