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.