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