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 » Wed May 19, 2021 5:39 am

CHAP. X. Of Rent and Hire.

If a Person, paying Rent and Hire, builds a new House upon the Lands of any Stranger, and lives there, in that Case, whenever he quits that Place, and pays up his Rent without a Balance, he may do what he pleases with the House.

If a Person, without paying Rent, builds a new House upon the Lands of a Stranger, and lives there, in that Case, at the Time he quits that Place, he may not dispose of the House at his own Pleasure; the Owner of the Land shall also become Owner of the House.

If a Person hath hired any Thing for a stipulated Time, he shall pay the Rent accordingly.

If a Person hath hired any Thing from another, he shall continue to pay the Hire for it, until he returns it to the Owner.

If a Person hath hired any Thing from another, and does not apply to any Use the Things hired, he must pay the Rate of Hire for it, and be held to return it to the Owner.

If a Person, having agreed for the Rent of the Water of a Pool, or of the Water of a Well, or of the Water of a River, or of a House, does not pay it, the Magistrate shall cause such Rent and Hire to be paid.

If a Person hath hired any Thing from another, and the Thing so hired, without any unexpected Calamity, or Innovation of the Magistrate, be spoiled by the Fault of that Person, he shall make it good; if it be damaged by any natural Accident, or by the Innovation of the Magistrate, he shall not make it good.  
admin
Site Admin
 
Posts: 36175
Joined: Thu Aug 01, 2013 5:21 am

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

Postby admin » Wed May 19, 2021 6:06 am

CHAP. XI. Of Purchase and Sale.

SECT. I. Of the Venders not delivering up to the Purchaser the Commodity sold, and of the Magistrates causing him to deliver it.


If a Person hath sold to any One, Glebe Land, or Houses, or any such Property, and, having received the due Value for it, forcibly detains the Premises sold, and himself expends the Profit arising upon them, upon the Purchaser's laying a Complaint of this Nature before the Magistrate, that Magistrate shall cause the purchased Premises, and also the Profit accruing upon them, to be delivered over to the Purchaser; and if, at the Time of entering upon the Premises, the Price has fallen, with respect to the Time when the Purchase was made, he shall cause such Overplus of Price also to be given back to the Purchaser, by the Vender; but, if the Price hath risen, the Vender shall not receive such Difference of Price, and the Magistrate shall also fine the Vender One Hundred Puns of Cowries.

If a Person sells any Thing, except Glebe Land, to any One, and, having received the due Value, forcibly detains the purchased Commodity, and himself expends the Profits arising upon it, upon the Purchaser's carrying a Complaint of this Nature before the Magistrate, that Magistrate shall cause the Commodity bought to be delivered over to the Purchaser; and also whatever Profit thereupon accruing, which the Seller has applied to his own Use; and if, at the Time of delivering up the Purchase, the Price of such Commodity has fallen, with respect to the Time when the Purchase was originally made, the Vender shall also make good such Difference of Price, and shall pay to the Magistrate a Fine of One Hundred Puns of Cowries.

If a Person, having sold any Thing to a Merchant who is gone into another Country to trade, hath received the due Value for it, and then forcibly detains the purchased Commodity, in that Case, upon the Merchant's preferring a Complaint of this Nature to the Magistrate, that Magistrate shall cause the purchased Commodity to be delivered to the Buyer, and also whatever the present Profit falls short of that Profit which the Merchant would have gained by selling it in another Kingdom, at the Time of his making the Purchase, the Magistrate shall cause that Difference also to be made good to the Purchaser, and shall likewise take to himself, as a Fine, One Hundred Puns of Cowries: This Ordination is according to Beeba-dur Tunmgurkar: —Approved.

If a Person hath purchased any Thing with Agreement to take away the Goods the same Day, and hath settled a Day of Payment, and the Vender also Consents to this, yet does not deliver up the Goods on the Purchaser's Demand, upon the Purchaser's preferring a Complaint of this Nature to the Magistrate, that Magistrate shall cause such Goods to be delivered to the Purchaser, and shall also make the Vender give up whatever Advantage he may have enjoyed, arising from the Goods so detained, and shall fine him moreover One Hundred Puns of Cowries; but the Purchaser shall be held to pay according to the Stipulation; nevertheless, if, with respect to the Time of the Purchase, the Price is since fallen, the Vender shall make it good.

If a Person, having purchased any undamaged Commodity, afterwards returns it back to the Vender, at whatever Price the Purchase was made, the Vender shall detain One Tenth of such Price, and return the other Nine Parts to the Purchaser, receiving back at the same Time the purchased Goods.

If any Person hath sold any Commodity to another, and does not deliver up such Commodity to the Purchaser upon his Demand, after which the Commodity receives any Damage, the Vender shall make it good.

If a Person hath sold any Commodity to another, and the Purchaser doth not make demand for the Goods purchased, which Goods are afterwards damaged by the Vender's Fault, the Vender shall make good the Loss; but if the Damage arises from any Calamity of the Season, or from any Innovation of the Magistrate, the Vender shall not make good the Loss.

If a Person, producing to another a Commodity without Blemish, and, having stipulated for a Price according to the Value of such Commodity, afterwards gives to the Purchaser damaged Goods, in that Case, the Magistrate shall cause the Vender to give Double of such Price to the Purchaser, and himself also shall take from the Vender Double of such Price as a Fine.

If a Person, conscious of a Blemish in his Goods, conceals that Blemish when he sells those Goods, in that Case, the Magistrate shall cause the Vender to give Double of the Price of the Goods to the Purchaser, and himself also shall take from him the same Sum as a Fine.

If Idiots, or Persons rendered senseless by Intoxication, or Men who cannot distinguish between their own Good and Evil, sell any Thing, it is not approved; if they will take such Commodity back again, they are authorized.

la each particular Season, every Commodity has its particular Price; if a Person, under the Influence of Fear, sells any Commodity remarkably under Value, with respect to the Season, it is not approved; and, if he will take it back again, he is authorized.

If a Man, having sold a Commodity to one Person, afterwards sells the same Commodity to another, the Magistrate shall cause him to give Double of such Commodity to the First Purchaser, and himself also shall take the same Sum as a Fine.

If a Person hath sold any Thing to another, with Agreement to deliver up the Purchase on a stipulated Day, and, upon his tendering the Goods on that Day accordingly, the Purchaser refuses to receive them, the Vender, in that Case, may dispose of them elsewhere: In this Case, the Vender is not in fault; and, if, on the Second Sale, any Loss should accrue to the Vender, the First Purchaser shall make it good.

If a Person, without Agreement of Price, hath delivered to another any Goods, under the Name of Selling, saying, “I will receive the Value of them," and afterwards a Dispute should arise concerning the Price, then, whatever was the current Price of such Commodity, at the Time of the Purchase, according to the Price at that Period, the Arbitrators appointed by the Buyer and Vender shall terminate the Dispute.

SECT. II. Of Returning, or not Returning Articles purchased.

If a Person hath bought the Seeds of Paddee, of Wheat, Barley, Maush, Doll, Gram, Mustard-Seed, or such Kinds of Grain, without Inspection, and in Ten Days discovers any Defect in that Grain, he may return such Grain, within that Space of Ten Days; if Ten Days are past, he shall never afterwards return it; if he inspected the Grain at the Time of Purchase, he then shall not have Power to return it, even within the Space of Ten Days.

If a Person buys Iron, without Inspection, and afterwards discovers a Defect in that Iron, he may return it back within the Space of One Day; if he inspected it at the Time of Purchase, he shall never afterwards return it; and also, if One Day is past, he shall not afterwards return it, though not inspected at the Time of Purchase.

If a Person hath bought of any One, Pearls, Coral, or Diamonds, or any other Species of Precious Stones, without Inspection, and in Seven Days discovers any Defect in them, he may return them within that Space of Seven Days; if Seven Days are past, he shall never afterwards return them; if he inspected them at the Time of Purchase, he shall not have Power to return them, even within the Space of Seven Days.

If a Person hath purchased a Slave Girl of any One, and within a Month discovers any Defect in that Girl, he may return her within that Space of One Month; if One Month be past, she never afterwards shall be given back; and, if the Purchase was made upon Inspection, she shall not be returned, even within the Space of One Month.

If a Person purchases of any One, Camels, Bullocks, Asses, or such Kinds of Beasts of Burthen, and in Five Days any Defect should be found in them, they may be returned within that Space of Five Days; if Five Days are past, they must never be returned; if they were inspected at the Time of Purchase, the Purchaser shall not have Power to return them, even within Five Days.

If a Person, without Inspection, purchases of any One, Cows, or Cow Buffaloes in Milk, and any Defect is found on them in Three Days, they may be returned within that Space of Three Days; if Three Days are past, they must never afterwards be returned; if the Purchase was made upon Inspection, the Purchaser shall not have Power to return them, even within Three Days.

If a Person hath bought a Slave of any One, and in Fifteen Days any Defect be found in him, he may be returned within that Space of Fifteen Days; if Fifteen Days are past, he can never afterwards be returned; if he was inspected at the Time of Purchase, he may not be returned, even within Fifteen Days.

If a Person hath bought Grass, or Fuel-Wood, or Bricks, or Paddee, or Wheat, or Barley, or any other Grain, or Wine, or Honey, or Ghee, or Sugar, or Candy, of the Species of Sweet, or Round Pepper, or Long Pepper, of the Species of Bitter, or Hurreh, or Beheerreh, and other Things, of the Species of Assus, or Astringent, or Shaddock, or Tamarinds, and other Things, of the Species of Acid, or Salt, or Cloth, or Gold, or Copper, or Tin, or Tutenague, or White Copper, or Brass, and any Defect should be found in them the same Day, they may be returned within the Space of that Day; if that Day be past, they can never afterwards be returned; if the Purchase was made on Inspection, they shall not be returned, even within the same Day.

If a Man purchases old Cloaths, he must never return them.

If a Person, who is always employed in buying and selling various Sorts of Commodities, and is well skilled in that Business, should purchase any Thing, he shall not at any Time have Power to return it upon a Discovery of a Defect.  
admin
Site Admin
 
Posts: 36175
Joined: Thu Aug 01, 2013 5:21 am

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

Postby admin » Wed May 19, 2021 6:27 am

CHAP. XII. Of Boundaries and Limits.

To ascertain Boundaries, upon the Confines of those Boundaries shall be planted the Male and Female Banyan Tree, or the Plass Tree, or the Seemul (Cotton Tree) or the Saul, or the Toddy Tree, or the Zukkoom Tree, or the Lutta Tree, or the Bamboo, or a Mound of Earth must be made, or any large Tree, that produces not a great Number of Branches, must be planted; or by a Pool, a Well, a Bason, a Ditch, or any such Signs above-mentioned, shall the Boundaries be openly described; or a Temple shall be built there to Shaghur (i.e.) their Deity.

Dust, or Bones, or Seboos (i.e.) Bran, or Cinders, or Scraps of Earthen Ware, or the Hairs of a Cow's Tail, or the Seed of the Cotton Plant, all these Things above-mentioned, being put into an Earthen Pot, filled to the Brim, a Man must privately bury upon the Confines of his own Boundary, and there preserve Stones also, or Bricks, or Sea Sand, either of these Three Things may be buried, by way of Land-Mark of the Limits; for all these Things, upon remaining a long Time in the Ground, are not liable to rot, or become putrid; any other Thing also, which will remain a long Time in the Ground, without becoming rotten, or putrid, may be buried for the same Purpose: Those Persons, who, by any of these Methods, can shew the Line of their Boundaries, shall acquaint their Sons with the reflective Land-Marks of those Boundaries; and in the same Manner those Sons also shall explain the Signs of the Limits to their Children: If all Persons would act in this Manner, there could be no Dispute concerning Limits and Boundaries.

If a Suit, for the Limits of Ground, should arise, the Magistrate, having inspected the open and private Land-Marks above described, shall settle the Suit; if any Doubt or Perplexity should intervene, the Plaintiff and Defendant shall produce to the Magistrate their respective Accounts of Possession, under Proof, and the Suit of Boundaries shall be settled: If also there is no Land-Mark, and they cannot prove their respective Possessions, then the Plaintiff shall find out some old Men, well acquainted with the Boundaries, or the Person who first marked out the Spot, and settle the Dispute by their Means; but the Dispute of Limits shall not be settled by the Testimony of only One experienced Person, it shall not be determined by less than the Testimony of Four Persons.

If both the Plaintiff and the Defendant approve of some old and experienced Men for giving Testimony, in regard to the Settlement of a Dispute for Boundaries, then the Magistrate, or Arbitrator, shall question such Person as the Plaintiff and the Defendant have approved; and he, putting on a Red Necklace, and Red Cloaths, shall relate the true Circumstances of the Boundaries; if, after the Testimony of these Persons, the Suit is still undetermined, then the Magistrate shall select, and put the same Questions, to Four or Ten Persons of those who break up Faggot-Wood constantly in those Parts, or who are Hunters, or who, after the Grain is reaped, glean what is on the Ground; and these shall lay their Heads upon the Ground, making the due Reverences, and putting on Red Necklaces, and Red Cloaths, shall relate what they know of the Affair, saying, "If we give false Witness, may our good Actions all be reversed." In a Dispute concerning Boundaries, a single Person shall not give Testimony; but if the Plaintiff and Defendant join in approving a single Person, the Magistrate shall question him; and that Person, fasting for One whole Day, and putting on a Red Necklace, and Red Cloaths, with the due Reverences of laying his Head to the Ground, shall give his Testimony.

The Magistrate shall not settle a Dispute concerning Boundaries by the Testimony of a Person of bad Principles; if the Suit cannot be settled by Means above-mentioned, then the Magistrate shall go in Person to the Boundaries in Dispute, and inquire the Truth of the Affair from the Men in the Village, who were born in that Village, and who are well acquainted with the Boundaries; and those also who are gone to any other Part of the Country he shall summons, and, having upon Inquiries learnt the Truth from them, he shall settle the Dispute.

If the Magistrate, from Anger or Avarice, or any other bad Principle, gives the Land owned by one Person to another, it is not approved.

In a Place where there is any Dispute concerning the Boundaries of Villages, the Dispute concerning such Boundaries shall be settled by applying to the Men of Credit and Experience there; if there is a Dispute concerning Tillage, the Dispute shall be settled by applying to the Farmers in the Neighbourhood; and if there is a Dispute for the Ground on which a House stands, the Dispute shall be settled by applying to the Persons dwelling in the Neighbourhood of that House; if there are none of these, nor any Witness, nor any Land-Mark of the Boundary, nor any Account of the Usufruct, in that Case, the Magistrate shall mark out the Boundaries, according to his own Pleasure, and the Plaintiff and the Defendant shall both approve of the Decision; whichever of them shall not approve, the Magistrate shall fine him.

In a Place where Two Villages lie on the Two Banks of a River, if, from that River, a Nullah should spring out, which, after making an Elbow into the Land, returns again to the River, and some Glebe Land should remain fixed in its original Situation, between that Elbow of the Nullah and the main River, in inch a Case, the Glebe Land shall still belong to the Village that originally possessed it.
 
In a Place where there is a River, the Two Banks of which are Boundaries to the Estates of Two Persons, if that River should break off some Part of the Bank on one Side, and carry it over to the other, then the Owner of that Boundary, upon which the other broken Bank hath fallen, shall become Proprietor of that Bank so broken, and the Person whose Bank is so divided Shall no longer have any Property therein: If the River breaks off the whole of a Person's Land, and carries it over to the Boundaries of another Person, in that Case, the Person whose whole Ground is thus torn away shall still be the Owner thereof, and the Person upon whose Boundary such Land hath fallen shall not be entitled to Possession thereof.

If a Person, not being real Owner of any Land, should, by any fraudulent Means, get Possession of some Land, the Magistrate shall take from him that Land, or give it to some other Person (he is authorized so to do) and that Person shall not have Power to cause any Let or Molestation.

If a Person hath built a new House upon the waste Ground, and hath occupied it, then, if a powerful Man should erect a Mansion upon the same Place, and should join to his own Buildings the Spot of Ground occupied by the other, it is not approved.

Whatever Pool, or Well, a Person hath occupied, from the Commencement of building his House, another Person cannot afterwards prohibit him from using.

If a Man hath had a Window in his own Premises, another Person, having built a House very near to this, and living there with his Family, hath no Power to shut up that Man's Window; and, if this Second Person would make a Window in his own House, on the Side of it that is towards the other Man's House, and that Man, at the Time of his Constructing such Window, forbids and impedes him, he shall not have Power to make a Window; if, after the Window is finished, the other Person should cause him any Trouble, the Magistrate shall take a Fine from that Person, without causing the Window aforesaid to be shut up.

If the Drain of a Man's House hath, for a long Series of Time, passed through the Buildings belonging to another Person, that Person shall not give any Impediment thereto; but if that Person caused any Impediment at the first Commencement of such Drain, then the other shall not have Power to carry his Drain that Way; if that Person, at the Commencement of the Drain, gave no Interruption, yet afterwards causes the ether any Trouble, he shall be amenable to the Sircar of the Magistrate.

If a Man hath made a lofty Building for a Seat, and goes up thither to sit, then, if, at the Time of the Commencement of the aforesaid Building, none of his Neighbours gave him any Impediment, they shall not afterwards have Power to Molest him; if afterwards they impede and cause him any Trouble, they shall be amenable to the Magistrate.

Any House, which hath a Door in each of the Four Sides, if, at the first building of the House, no Person gave any Impediment to the Construction of such Doors, and yet should afterwards attempt to impede, he shall not have Power to do it; if he should then give the Owner of the House any Trouble or Molestation, he shall be amenable to the Magistrate.

If, from the Thatch Roof of any House, the Water falls off into a Place adjoining to that House, but the Property of another Man, then, if the Person, upon whole Ground such Water falls, gave no Impediment at the Beginning, he shall not afterwards have Power to impede; if, after the Completion of the House, he gives the other any Trouble or Molestation, he shall be amenable to the Magistrate; and, if a Person makes a Sejjah (or Fenced Terras) upon the Top of his House, another shall not impede him.

If there is an old passage for Men and Cattle through the Grounds of any Person, that Person has not Power to stop up such Road.

A Person may not make a Necessary-House adjoining to the House of any Person; nor shall he fling out Rubbish and Filth there, nor dig a Ditch.

A Person shall not plant the Tree Kooloo, or Cocoa Nut, from whence bitter Oil is extracted, adjoining to another Man's House; if he plants them there, he must leave the Breadth of Two Cubits between the Trees and the House.

A Door through which all People pass, and a Road upon which all People travel, no One shall shut, upon Pretence that it is within his own Boundaries; nor shall he make that Path a Place to piss, or a Recepticle for Filth, or for Sand to scower the Vessels wherein the Filth is carried; nor shall he make such a Recepticle near to a House; nor, when he has swept his House, shall he throw the Rubbish and Ashes into the Path; nor shall he ease himself there; neither shall he plant Trees there.

If a Person shuts up the Path where the Magistrate, or the Magistrate's Officers, pass and repass, he shall be amenable.

If a Person, in the Time of no general Calamity, throws Rubbish and Ashes upon the High Road, or makes a Hole there, or eases himself thereon, a single Time, or plants Trees there, the Magistrate shall take a Fine from him of One Masheh of Gold, and cause him to throw away the Filth with his own Hands.

If a Person, during the Time of a general Calamity, is guilty of the Practices above-mentioned, in the High Road, he shall not pay a Fine, nor be obliged to throw away the Filth with his own Hands.

If a Person, in the Time of no general Calamity, constantly throws Rubbish, Filth, and other Things above specified into the High Road, the Magistrate shall fine him Two Cahawuns of Cowries, and oblige him to throw the Filth into some other Place with his own Hands.

If, in Times either of Calamity, or of no Calamity, a feeble old Man, or a Child, or a Woman big with Child, should throw any of the Things above-mentioned into the High Road, they shall neither pay a Fine, nor be obliged to throw away the Filth with their own Hands; but the Magistrate shall caution them to be more careful for the future.

If a Person throws any Filth into a Garden, or near the Steps of a Pool, the Magistrate shall fine him One Hundred Puns of Cowries, and oblige him to throw away the Filth with his own Hands.

If a Person throws away Filth into the Places of Zeearut (or religious Walks) or near the Steps of a Pool, a Well, or Bason of Water, so that People are prevented from going thither, and cannot Use the Water of such Pool, Well or Bason, the Magistrate shall fine the Offender Two Hundred and Fifty Puns of Cowries, and oblige him to throw away the Filth with his own Hands.

If between the Boundaries of Two Persons any Tree should grow, the Flowers and Fruit of such Trees shall be indiscriminately used by both Parties.
 
If Trees be on the Boundaries of one Person, and the Branches of those Trees extend over the Boundaries of another, then the Person, into whose Premises such Branches extend, is Proprietor of those Branches, and may do with them as he pleases.

If a Person, by causing violent Apprehension in another Person, occupies that Person's House, or Pool, or Garden, or Tillage, the Magistrate shall cause the Possession thereof to revert to the Owner, and shall fine the other Person One Hundred Puns of Cowries.

If a Person, having by Mistake affirmed, that the House, Pool, Well, Garden, or Glebe, or any such Things, the Property of another, belonged to himself; hath applied them accordingly to his own Use, the Magistrate shall fine him Two Hundred Puns of Cowries, and cause the Possession thereof to revert to the real Proprietor.

If a Person should dig up by the Roots a Tree planted for a Land-Mark, as before specified, it is a Crime, and the Magistrate shall fine him Two Hundred Puns of Cowries.

If a Person, by removing a Land-Mark, fraudulently appropriates to himself an additional Piece of Land, the Magistrate shall take from him a Fine of Five Hundred and Forty Puns of Cowries, and shall give back the Ground to the Owner.  

If a Person entirely breaks the dividing Ridge between the Tillage of any Two Persons, the Magistrate shall fine him One Hundred and Eight Puns of Cowries.

If a Person hath destroyed much of the Tillage of another Man, and appropriated a larger Piece of Ground than what belongs to him, the Magistrate shall fine him One Thousand and Eight Puns of Cowries, and shall cause him to give back the Land to the Owner.

If a Person, to serve his own Tillage, steals the Water from another Man's Pool, and waters his Ground therewith, the Magistrate shall fine him One Hundred and Eight Puns of Cowries.
admin
Site Admin
 
Posts: 36175
Joined: Thu Aug 01, 2013 5:21 am

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.  
admin
Site Admin
 
Posts: 36175
Joined: Thu Aug 01, 2013 5:21 am

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.
admin
Site Admin
 
Posts: 36175
Joined: Thu Aug 01, 2013 5:21 am

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.
admin
Site Admin
 
Posts: 36175
Joined: Thu Aug 01, 2013 5:21 am

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.
admin
Site Admin
 
Posts: 36175
Joined: Thu Aug 01, 2013 5:21 am

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.
admin
Site Admin
 
Posts: 36175
Joined: Thu Aug 01, 2013 5:21 am

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.
admin
Site Admin
 
Posts: 36175
Joined: Thu Aug 01, 2013 5:21 am

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.  
admin
Site Admin
 
Posts: 36175
Joined: Thu Aug 01, 2013 5:21 am

PreviousNext

Return to Ancien Regime

Who is online

Users browsing this forum: No registered users and 56 guests

cron