, ^e^c^Tc UNIVERSITY OF AT LOS ANGELES •»' • » » *> 1 1 , 5 ' . 1 ' I > ' > • . :■•• !'.• .*.'. ;'.;- ;>; C ODE O F GENTOO LAWS, O R, ORDINATIONS O F T H E P U N D I r s, FROM A PersianTranslation, i M A D E F R O M T H E ORIGINAL, WRITTEN IN THE SHANSCRIT LANGUAGE. LONDON: Printed in the Year m dcc lxxvi, Q 1 p; 4 '^ . ::•: /: ••• • • .'. > • • • \ X3G^ 11- LETTER FRO M WARREN HASTINGS, Efq. Governor- General o^ Fort'JVilliam^ in Bengal^ TO THE COURToF DIRECTORS OF THE United Company of Merchants of £';^^/^/;^, Trading to th E A S T - I N D I E S, Honourable Sirs, HAVE now the Satisfaction to tranfmit to you a complete ajid corre(5le.d.Copy of a Translation of the Gen too Code, executed with great Ability, Diligence and Fidelity, by Mr. Halted, from a Feriian Verfion of the original Shanfcrit,. which was undertaken under the immediate Infpecftion of the Pundits or Compilers of this Work>. I HAVE e ( iv ) I HAVE not Time to ofTer any Obfervatlons upon thefe Produc- tions; indeed they will beft fpeak for themfelves : I could have v.'iihed to have obtained an Omiflion or Amendment of fome PaiT- cges, to have rendered them more fit for the Public Eye; but the Pundits, when defircd to revife them, could not be prevailed upon to make any Alterations, as they declared, they had the San(ftion of their Shaller, and were therefore incapable of Amendment; poffibly thefe may be confidcred as elTential Parts of the Work, fmce they mark the Principles on which many of the Laws were formed, and bear the Stamp of a very remote Antiquity, in which the Refine- ments of Society were lefs known, and the Manners more influenced ,ly the natural Impulfe of the Paflions. I HAVE the Honour to be, with the greatefl Refpecft, IIoNouiiABLE Sirs, Your moft obedient. And mofc faithful humble Servant, Warren Haftings. Fo;t- William, ZyCh March, 1775. ( V ) LETTER To the CHAIRMAN of the Court of Directors of the United Eaft-India Company, dated at Calcutta, bth Auguft, 1775* SIR, IH A V E too long ferved under Mr. Ha/lings not to be con- vinced, that he would never have fufFered the accompanying Addrefs to go home in his Enclofure ; reduced therefore to the NecefTity of eluding his Knowledge, I have taken the Liberty, by this only pofTible Pvlethod, toexprefs my Gratitude for his Favours : and the peculiar Circumftances of the Cafe will, I hope, apologize to you. Sir, for the Abruptnefs of this Intrufion. — I humbly re- quefr, that when the Code of Gentoo Laws, Preliminary Treatise, &c. fliall come to be printed, you v/ill alfo be pleafed. to permit the Publication of this Addrefs. I AM, with the greateil Refpedl, S J Ry Tour mofi obedient Lumhk Ee7"vaj2ty Nathaniel Bi'ajfey IlalbccL B T O T H E Hon'^^ JFARREN HASTINGS, Efq- COVER NOR. GENERAL OF THE Britifli Settlements in the Eaft-Indies, &'c. &fc. Honourable SIR, BY the Publication of the Colledion of Gentoo Laws, made under your immediate Authority, I find myfelf involuntarily held forth to the Public as -an Author, almofl as foon as I .liavc commenced to be a Man. It Is therefore with fomc Propriety that I claim to this Work •the Continuation of your Patronage, which as it at firfl: feledled -me from a Number of more worthy Competitors to undertake the Tafk, fo it has by conftant Afliftance and Encouragement been the entire Inftrumcnt of its Completion. — Indeed, if all the Lights, which at different Periods ha^/e been thrown upon this Subjedt, by your happy Suggeflions, had been with-held, there would have remained for my Share of the Performance nothing but a Mafs of Obfcurity and Confufion ; fo that in your own Right, the whole Refult of the Execution is yours, as well as the entire Merit of the original Plan. It ( vii ) It is my earnefl Wiili that you may long be the prime Adminlf- trator of an Eftablifhment, to which you have fo excellently paved the Way; as I am fure your extenfive general Knowledge, joined to your particular Experience in the Affairs of India, give you Ad- vantages which can fcarcely fall to the Share of any other Subjed: of the Britifi Empire. I AM, with the greateft Refpe(5l and Gratitude, Honourable SIR, Tour moji obliged. And mojl obedient Servant, Nathaniel Brajfey Halhed. { i.v ) THE 5 TRANSLATOR S PREFACE. THE Importance of the Commerce of India, and the Advantages of a Territorial Eflablifhrnent in Bengal, have at length awakened the Attention of the Britifli Legillature to every Circumftance that may conciliate the Affections of the Natives, or enfure Stability to the Acquifition. Nothing can fo favourably conduce to thefe two Points as a well-timed Toleration in Matters of Religion, and an Adoption of fuch original Inflitutes of the Country, as do not im- mediately clafh with the Laws or Intereils of the Conquerors. To a fleady Porfuance of this great Maxim, much of the Succefs of the Romans may be attributed, who not only allowed to their fo- reign Subjeds the free Exercife of their ow.n Religion, and the Ad- minillration of their own civil Jurifdi(5lion, but fometimes by a Po- C licy ( X ) llcy flill more flattering, even naturalized fuch Parts of the Mytho- logy of the Conquered, as were in any refped: compatible with their own Sy fit nil With a View to the fame political Ad vantages, and in Obfervance of fo jftriking an Example, the following Compilation was fet on foot; which muft be confidered as the only Work of the Kind, wherein the genuine Principles of the Gentoo Jurifprudence are made public, with the Sandion of their mofl refpedtable Pundits (or Lawyers'! and which offers a complete Confutation of the Belief too common in Europe, that the Hindoos have no written Laws what- ever, but fuch as relate to the ceremonious Peculiarities of their Superftition. The ProfefTors of the Ordinances here colledled flill fpeak the ori- ginal Language in which they were compofed, and which is entirely unknown to the Bulk of the People, who have fettled upvon thofe Profeflors feveral great Endowments and Benefadlions in all Parts of Hindollan, and pay them befides a Degree of perfonal Refpe<51: little flioit of Idolatry, in return for the Advantages fuppofed to be derived from their Studies. A Set of the mofl experienced of thefe Lawvers was felected from every Part of Bengal for the Purpofe of compilino- the prefent Work, which they picked out Sentence by Sentence fron) various Originals in the Shanfcrit Language, neither add- ing to nor dlminidiing any Part of the ancient Text. The Ar- ticles iluis collected v/ere next tranflated literally into Perfian, under the Lnfpcdion of one of their own Body; and from that Tranflation were ( xi ) were rendered into Engllfli with an equal Attention to tlie Clofenefs and Fidelity of the Verfion. Lefs ftudious of Elegance than of Accu- racy, the Tranllator thought it more excufable to tire the Reader with the Flatnefs of a literal Interpretation, than to miflead him by a vague and devious Paraphrafe ; Co that the entire Order of the Book, the feveral Divifions of its Contents, and the whole Turn of the Phrafe, is in every Part the immediate Produdl of the Bramins. The Englidi Dialed in which it is here offered to the Public, and that only, is not the Performance of a Gentoo. From hence therefore may be formed a precife Idea of the Cuftoms and Manners of thefe People, which, to their great Injury, have long been mifreprefented in the Weflern World. From hence alfo Materials may be colleded towards the legal Accompliflimcnt of a new Syflem of Government in Bengal, wherein the Britiili Laws may, in fome Degree, be foftened and tempered by a moderate Attention to the peculiar and national Prejudices of the Hindoo ; fome of whofe Inftitutes, however fanci- ful and injudicious, may perhaps be preferable to any which could be fubftituted in their room. They arc interwoven with the Religion of the Country, and are therefore revered as of the highei!: Authority: They are the Conditions by which they hold their Rank in Societyo Long Ufage has perfuaded them of their Equity, and they will always gladly embrace the Permiflion to obey them ; to be obliged to re- nounce their Obedience would probably be cfleemed among them a. real Hardfliip. The *** ( xll ) TriE Attention which the Tranfiatorwas forced to befcowupon Co uncommon a Subject, the Numlicr of Enqiiliics neced'ny for the Ela- cidatlon of ahnoft every Sentence, and the many Opportunities of mod dccifive Information, which the Courfe of the Work prefented, give him in fome Meafure a Right to claim the Convidlon cf the World upon Hiany dubious Points, which have long eluded the nicefl In- veftigation. He is very far from wiHnng to eftablifli his own Doc- trines upon the Ruins of thofe which he found already erected; and when he oppofes popular Opinion, or contradicts any ill-grounded AHertion, it is with the utmoft Diftruft of his own Abilities, and merely in SubmilTion to the Authority of that Truthwhich the Can- did will ever be glad to fupport, even in Prejudice to a Syflem of tiieir own Formation. In a Tra6t fo untrodden as this, many Paths muft be attempted before we can hit upon the right. We owe much to every Perfon, who in fo troublefome a Road hath removed a fingle Obflacle, or opened the fmaJlefl Channel for Difcovery; and the more difficult the Completion of the Adventure, the greater is the Merit of each Attempt. The prefent Work however is the only one of this Na- ture ever undertaken by Authority ; the only Inf!:ance, in which the Bramlns have ever been perfuaded to give up a Part of their own Con- fequencc for the general Benefit of the whole Community : An j the Fen of the Tranflator mufl; be confidered as entirely the paffive In^- ftniment, by which the Laws of this fingular r^ation are u/hered into t;';c World from thofe Bramins themfelves. 3 In ( xili ) In this preliminary Treatlfe it is propofed, after a few general and introdu6tory Obfervations, to attempt a fliort Account of the Shanfcrit Language, and an Explanation of fuch PaiTages in the Body of the Code, as may appear by their Peculiarity or Repugnance to our Sen- timents to lie moft open to Objection. Many conje(Sural Dosflrines have been circulated by the Learned and Ingenious of Europe upon the Mythology of the Gentoos; and they have unanimoufly endeavoured to conftrue the extravagant Fa- bles with which it abounds into fublime and myftical Symbols of the moft refined Morality. This Mode of reafoning, however com- mon, is not quite candid or equitable, becaufe it fets out with fup- pofing in thofe People a Deficiency of Faith with Refpecfl to the Au- thenticity of their own Scriptures, which, although our better In- formation may convince us to be altogether falfe and erroneous, yet are by them literally efteemed as the immediate Revelations of the Almighty j and the fame confidential Reliance, which we put in the Divine Text upon the Authority of its Divine Infpirer himfelf, is by their miftaken Prejudices implicitly transferred to the Beids of the Shafter. Hence we are not juftified in grounding the Standard and Criterion of our Examination of the Hindoo Religion upon the known and infallible Truth of our own, becaufe the oppofite Party would either deny the firft Principles of our Argument, or infilt upon an equal Right on their Side to fuppofe the Veracity of their own Scriptures uncontrovertible. D It ( xiv ) It may poflibly be owing to tfiis Vnnity of reconciling every other Mode of Worfliip to fome Kind of Conformity with our own, that allegorical Conftrudions, and forced Allufions to a myftic Morality, have been conftantly foiiled in upon the plain and literal Context of every Pagan Mythology. But we fhould confider, that the Inftitution of a Religion has been in every Country the firfl Step towards an Emcrfion from Savage Barbarifm, and the Efla- bllHiment of Civil Society -, that the human Mind at that Period, when Reafon is jufc beginning to dawn, and Science is yet below the Horizon, has by no Means acquired that Facility of Invention, and thofe profound Habits of thinking, which are neceflary to fhrike out, to arrange, and to complete a connected, confident Chain of abftrufe Allegory. The Vulgar and Illiterate have al- ways underjftood the Mythology of their Country in its moit {nn^ pie and literal Senfe ; and there was a Time to every Nation, whea the higheft Rank in it was equally vulgar and illiterate with the lowell. Surely then, we have no Right to fufped: in Them a greater Propenfity to, or Capability of the Compofition of fuch fubtle Myfleries in thofe Ages of Ignorance, than we find to exift in their legitimate Succeilbrs, the modern Vulgar and Illiterate at this Day. We have feen frequent and unfuccefsful Attempts amon^^ our- felves to fublimate into allufive and fymbolical Meanings the Mo- faic Account of the Creation : Such erratic Syftems have rifen but to be exploded ; and their mutual Difagreement with each other. 4 ( '^v ) other, in thefe fanciful Interpretations, is to us an additional Argu- ment for the literal Veracity of the Infpired Penman. The Faith of a Gentoo (mifguided as it is, and groundlefs as it may be) is equally implicit with that of a Chriftian, and his Allegiance to his own fuppofed Revelations of the Divine V/ill altogether as firm. He therefore efteems the aflonifliing Miracles attributed to a Brihma, a Raam, or a Kilhen, as Fadis of the mofl indubitable Authenticity, and the Relation of them as mofl fl:ri(ftly hiftorical. But not to interfere with fuch Parts of the Hindoo Mytholo- gy as have not been revealed or explained to him, the Tranflator can pofitively affirm, that the Dodrine of the Creation, as fct forth in the prefatory Difcourfe to this Code, is there delivered as fim- ple and plain Matter of Fad:, and as a fundamental Article in every pious Gentoo's Creed; that it was fo meant and underflood by the Compilers of this Work unanimoufly, who bore the firft Chara(5lers in Bengal, both for their natural and acquired Abili- ties ; and that their Accounts have been corroborated by the In- formation of many other learned Bramins in the Courfe of a wide and laborious Enquiry ; nor can it be ctherwifc, unlefs the Pro- grefs of Science, inftead of being flow and gradual, were quick and inflantaneous ; unlefs Men could flart up at once into Divines and Philofophers from the very Cradle of Civilizaticn, or could defer the Profefiion of any Religion at all, until progreffive Centuries had ripened them into a Fitnefs for the mofl abflraded Speculations. Yet ( xvi ) Yet it may fairly be prefumed, that when the Manners of a People become polillied, and their Ideas enlightened. Attempts, Avill be made to revife and refit their Religious Creed into a Con- formity with the Reft of their Improvements ; and that thofeDoc-. trincs, which the ignorant Anceftor received with Reverence and Convi(fl:ion, as the literal Expofition of undoubted Fadt, the philofophic Defcendant will llirive to glofs over by a pojleriorl Con- ftrudliions of his own ; and, in the Fury of Symbol and Allegory, obfcure and diflort that Text which the Simplicity of its Author never fufpedled as liable to the Pofiibility of fuch Mutilation. — Thefe Innovations however have always been fcreened, with the moft fcrupulous Attention, from the general View of Mankind ; and, if a hardy Sage hath at any Time ven-tured to rem+ove the Veil, his Opinions have ufually been received with Deteftation, and his Perfon hath frequently paid the Forfeit of his Temerity. The real Intention and Subject of the Eleufinian Myfleries arc now v/ell known ; but it cannot, with much Plaufibility, be pre- tended, that thofe Myfteries were coeval with the Mythology to whofe Difproval they owed their Eftablidiment : Probably, the Inilitution was formed at a more advanced Period of Science, when the Minds of the Learned were eager to pierce through the Obfcu- rity of Superflition, and when the Vanity of fuperior Penetration made them afliamed literally to believe thofe Tenets, which popular Prejudice would not fuffer them utterly to renounce. Instancejs ( xvn ) Instances In Support of this Argument might perhaps, with^ out a Strain, be drawn even from feme Parts of the Holy Scrip- tures : And here the Account of the Scape-Goat, In the Laws of Mofes, offers itfelf for that Purpofe with the greater Propriety, as it is not altogether diffimilar to a particular Inftitute of the Gen- toos. The infpired Author, after defcribing the preliminary Ce- remonies of this Sacrifice, proceeds thus ; ** And Aaron ihall lay both his Hands upon the H^ad of the ** Scape-Goat, and confefs over him all the Iniquities of the Chil- ** dren of Ifrael, and all their Tranfgrcllions in all their Sins, ** putting them upon the Head of the Goat, and fliall fend him " away by the Hand of alit Man into the Wildernefs : And the ** Goat Ihall bear upon him all their Iniquities unto a Land not in- ** habited 3 and he fliall let go the Goat in the Wildernefs." The Jews-, at the Period when this Ceremony was ordained, were very little removed from a State of Barbarifm : Grofs in their Conceptions, illiterate in their Education, and uncultivated in their Manners; they were by no Means fit Subjecfts for the Com- prehenfion of a Myftery ; and doubtlefs, at that Time, believed that their Crimes were thus, really and bond fide laid upon the Head of the Vid:im : Yet the more Wife, in fucceeding Ages, might ^yell ftart from fuch a Prejudice, and rightly conceive it to be a ty- pical Reprefentation of the Doctrine of Abfolution, ^,, E Hence ( xviii ) Hence it may be iinderrtood, that v/hat has been herein advan*- ced does not mean to fct afide the Improvements of Philofophy, or to deny the occafional Employment of Allegory, bat merely to efta- blilh one plain Pofition, that Religion, in general, at its Origin, is believed literally as it is profeffed, and that it is afterwards rather refined by the Learned thandcbafed by the Ignorant. The Gentoo Ceremony, which was hinted at as bearing a remote Likenefs to the Sacrifice of the Scape-Goat, is the Aflmmmeed Jugg, of which a moil' abfurd and fabulous Explanation may be found in. the Body of the Code : Yet, unnatural as th^ Account there {lands, it is fcriouily credited by the Hindoos of all Denominations, except perhaps a few iTidividuals, v/ho, by the Variety and Contradi(flions of their feveral allegorical Interpretations, have mutually precluded each other from all Pretenfions to Infallibility. That the Curious may form fome Idea of this Gentoo Sacrifice when reduced to a Symbol, as well as from the fubfequent plain^ Account given of it in a Chapter of the Code, an Explanation of it is here inferted from Darul Shekuh's famous Pcrfian Tranflation of fome Commentaries upon the Four Eeids, or original Scriptures of Hindoflan : The Work itfclf is extremely fcarcc, and perhaps of dubious Authenticity ; and it was by mere Accident that this fit- iVc Specimen was procured. I r. .> Explanatmh ( xix ) Explanation of the Apmnmeed ^Jugg, " The Afliummeed Jugg does not merely confifl in the Per- •* formance of that Ceremony which is open to the Infpedlion of *■* the World, namely, in bringing a Horfe and facrificing him; ** but Afhummeed is to be taken in a myftic Signification, as im- ** plying, that the Sacrificer mufl look upon himfelf to be typified in ** that Horfe, fuch as he fhall b€ defcribed, becaufe the religious ** Duty of the Afhummeed Jugg compreliends all thofe other reli- ** gious Duties, to the Performance of which all the Wife and Ho- ** ly dire(ft all their Adions, and by which all the finccre Profef- ** fors of every different Faith aim at Perfedion : The myflic ** Signification thereof is as follows : The Head of that unble- ** mifhed Horfe is the Symbol of the Morning , his Eyes are the ** Sun; his Breath the Wind; his wide-opening Mouth is the *■* Bifhwaner, or that innate Warmth which invigorates all the << World; his Body typifies one entire Year ; his Back Paradife; ** his Belly the Plains ; his Hoof this Earth ; his Sides tlie four *•< Quarters of the Pleavens ; tlie Bones thereof the intermediate '* Spaces between the four Quarters; the Re fl of his Limbs repre- *-* fent all diftin6t Matter; the Places where thofe Limbs meet, or ''^ his Joints, imply the Months and Halves of the Months, which "* are called Peche- (or Fortnights ;) his Feet fignify Night and *< Day; and Night and Day are of four Kinds : ift. The Night and ** DayofBrihma; 2d-. • The- Night "and Day of A-ngcls ; 3d. The ** Night and Day of the World of the Spirits of deceafed x'\ncef- **tors; ( XX ) *' tors; 4tli. The Night and Day of Mortals : Thefe four Kinds are ** typihed in his four Feet. The Rell of his Bones are the Conftel- ** lations of the fixed Stars, which are the twenty-eight Stages of the " Moon's Courfe, called the Lunar Year; his Flefh is the Clouds ; "' his Food the Sand ; his Tendons the Rivers ; his Spleen and ** Liver the Mountains; the Hair of his Body the Vegetables, and *' his long Hair the Trees ; the Forepart of his Body typifies the •' firft Half of the Day, and the hinder Part the latter Half; his *' Yawning is the Flafli of the Lightning, and his turning himfelf *' is the Thunder of the Cloud; his Urine reprefents the Rain; *' and his mental Refiedion is his only Speech. The golden Vef- ** fels which are prepared before the Horfe is let loofe are the ** Light of the Day, and the Place where thofe Vefiels are kept is ** a Type of the Ocean of the Eafl ; the filver Vefiels which are *' prepared after the Florfe is let loofe are the Light of the ** Night, and the Place where thofe Veflels are kept is a Type of ** the Ocean of the Weft : Thefe two Sorts of VeiTels are alwaya *' before and after the Horfe.— The Arabian Horfe, which on Ac- *' count of his Swiftnefs is called Hy, is the Performer of the ** Journics of Angels ; the Tajee, which is of the Race of Perfian •' Horfes, is the Performer of the Journies of the Kundherps (or ** good Spirits •) the Wiizba, which is of the Race of the deformed " Tazee Ilorfcs, is tlie Performer of the Journies of the Jins (or " Demons;) and the Afhoo, which is of the Race of Turkifh " Horfes, is the Performer of the Journies of Mankind : This one ** Horfe, which performs thefe feveral Services, on Account of his • ... i..:.: ..*■ .four ( xxi ) ^' four diiferent Sorts of Riders, obtains the four different Ap- *' pellations : The Place where this Horfe remains is the great " Ocean, which figniiies the great Spirit of Perm-Atma, or the ** univerfal Soul, which proceeds alfo from that Perm-Atma, and ** is comprehended in the fame Perm-Atma. The Intent of this ** Sacrifice is, that a Man fhould confidcr himfelf to be in the *' Place of that Horfe, and look upon all thefe Articles as typified ^* in himfelf 3 and, conceiving the Atma (or divine Soul) to be an ** Ocean, ihould let all Thought of Self be abforbed in that Atma." This is the very Acme and Enthufiafm of Allegory, and wonder- fully difplays the pldturefque Powers of Fancy in an Afiatic Genius. But it would not have been inferted at Length in this Place, if the Circumftance of letting loofe the Horfe had not feemed to bear a great Refemblance to the Ceremonies of the Scape-Goat ; and perhaps the known Intention of this latter may plead for the like hidden Meaning in the former. But to quit this Digreffion. — The real Appellations of the Country and of the Inhabitants of Hindoflan, by which they are conftantly denominated in the an- cient Writings of the Natives, feem hitherto to have efcaped the Notice of the Weflern World. HiNDosTAN is a Perfian Word, equally unknown to the old and modern Shanfcrit, compounded of Stan, a Region, and the Word Hind, or Hindoo: Probably Colonel Dow's elegant Tranflation of Ferifliteh's Hiflory gives us the true Derivation, in that Author's F " Conjedure, ( xxii ) Conjedure, that it is taken from Hind, a fuppcfed Son of Ham^ the Son of Noah ; and, whatever Antiquity the Indians may affert for themfelves (of which fome Notice will fubfequently be taken) the Perfians, we believe, will reft contented to allow, that the firft Intcrcourfe between the two Nations commenced in the third Def- cent from the Deluge. But, if this Definition were rejeded, the common Opinion, that India was fo named by Foreigners after the River Indus, is by no Means repugnant to Probability : In the Shanfcrit however. Hi ndoflan is conftantly denominated Bhertekhunt, or Jumboodeep (as it is hereafter called in the prefent Work, from Jumboo, or Jumbook, a Jackalt, an Animal remarkably abundant in this Country, and Deep, any large Portion of Land furrounded by the Sea.) Khunt fignifies a Continent, or wide Tra(ft of Land, and Bherrut is the Name of one of the firfl Indian Rajahs, whofe Name was adopted for that of the Kingdom : Hindoo therefore is not the Term by which the Inhabitants originally ftiled themfelves, but, ac- cording to the Idiom of their Language, Jumboodeepee, or Bhertckhuntee ; and it is only lince the /Ers. of the Tartar Govern- ment that they have afl'umed the Name of Hindoos, to diftinguifh themfelves from their Conquerors, the MufTulmen. The Word Gen- too has been, and is flill, equally miftaken to lignify, in the proper Senfe of the Term, the ProfeiTors of the Braminical Religion, whereas Gent, or Gentoo, means Animal in general, and in its more confined Senfe, Mankind; but Is never, in the Shanfcrit Dialed:, nor even in the modern Jargon of Bengal, appropriated particularly to fuch as follow the Dodrines of Brihma. The four great Tribes 3 have ( xxiii y have each their own feparate Appellation ; but they have no com- mon or colledlive Term that comprehends the whole Nation under the Idea affixed by Europeans to the V/ord Gentoo. Poilibly the Portuguefe on their firfl Arrival in India, hearing the Word fre- quently in the Mouths of the Natives as applied to Mankind in general, might adopt it for the domeftic Appellation of the Indians themfelves ; perhaps alfo their Bigotry might force from the Word Gentoo a fanciful AlluHon to Gentile, a Pagan.. The Shanfcrit Language is very copious and nervous, but tijje Style of the bell Authors wonderfully concife. It far exceeds the Greek and Arabick in the P^egularity of its Etymology, and like them has a prodigious Number of Derivatives from each primary Root. The grammatical Rules alfo are numerous and difficult,. though there are not many Anomalies. As one Inftance of the Truth of this AfTertion, it may be obferved,. that there are {even. Declenfions of Nouns, all ufed in the fingular, the dual, and the plural Number, and all of them differently formed, according as they terminate with a Confonant, with a long or a fhort Vowel ; jind again different alfo as they are of different Genders : Not a Nominative Cafe can be formed to any one of thefe Nouns, with- out the Application of at leafl four Rules, which differ likewife with, each particular Difference of the Nouns as above ftated : Add to this, that every Word in the Language may be ufed through all the feven Declenfions, and there needs no farther Proof of the Difficulty of the Idiom. THa,. ( xxiv ) '^TiiE Slianfcrit Grammars are called Beeakerun, of which there c)re many compofed by different Authors; fome too abftrufe even for the Comprehcnfion of mofl Bramins, and others too prolix to be ever ufed but as References. One of the Hiorteft, named the Sarafootee, contains between two and three hundred Pages, and was compiled by Anoobhootee Seroopenam Acharige, with a Con- cifencfs that can fcarcely be parallelled in any other Language. The Shanfcrit Alphabet contains fifty Letters^ and it is one Boaft of the Bramins that it exceeds all other Alphabets in this Refpedl : But when w^e confider that of their thirty-four Confo- nants near Half carry combined Sounds, and that fix of their Vow- els are merely the correfpondent long Ones to as many which are iiiOrt, the Advantage feems to be little more than fanciful. The Shanfcrit Charadler, ufed in Upper Hindofhan, is faid to be the fame original Letter that was firft delivered to the People by Brihma, and is now called Diewnagur, or the Language of Angels ; whereas the Charadler ufed by the Bramins of Bengal is by no Means fo ancient, and though fomewhat different is evi- dently a Corruption of the former, as will better appear upon ■Comparifon, for which Reafon the Alphabets of both are here in- ferted. -f- t See Plates No. i, and No. 2. To \Ti) W y T ** Flak," J 'lrn//.y/i//(>r'j- ///r///rY M^r XXiV \ .SHAXSCRIT AIl'llAISKT. » 'J' tvf. J. :, . /,//.' j ^ ^ ^ ^^i^. ^/.-.^^.^ "^'^ ^'^ ^"^ "^i: ^' ^y/i c o ^^ s o X A:^r t .s . ^./^e ^J^^- ^./ ^^^^ ^}^^^< ^^// ^^/.x l^^^^ ^^7 ^/.^^ ^ ^A^i^^ ^./a ^^^'~ ^^H/c^^ ^//.^/^/ ^V''^ BEXGAI. ALPHABET . ^O^^KLS. Plate 11. rw.....^.^./.,.XV/i-. y^x ^/.^ c^..; ^r ^T ^.^^ vg^.,y \3J5 /A s^/j ^/,./,. ^/^y -o^/i. 5iw "HV <'// •']|/'' 3r«' 5T.'/<-- ^v^-- - ^,.-; ^z--- 25. /x//l/(' ^/^^ ^i,r j^^« ^ ^Lu (^/u ^If ^U "^W^J/-/' .Oth' ( XXV ) To rank ree and lee among the Vowels may perhaps be cenfiircd" as unnatural ; we can only fay, that being- Liquids, they partake in fome fmall Meafure of the Vov/el, and that to an European Ear it feems equally extraordinary to fmd the Pcrfian and Arabic ^ ain ta be a Confonant. It will alfo be obferved in the preceding A Ipha-^ bets, that the Vowels have different Forms v/hen combined with Confonants from thofe they bear when unconnecfted. In the Fo-ur Beids f the original and facred Text of the 2:reat Hin- doo Creator and Legillator Brihma) the Length of the Vowels is determined and pointed out by a muffcal Note or Sign, called Mil- trang ( implying one whole Tone ) which is placed over every Word; and in reading the Beids thefe Diffin(ftions of Tone and Time muft be nicely obferved; the Account of this Modulation as given in theShanfcrit Grammar, called Sarafootee, is here tranllated. ** The Vov/els arc of three Sorts, fl:iort, long, and continued (cr to ufe a more mufical Term, holding.) *' The Chain (a fmall Bird *' peculiar to Hindoflan) utters one Matrang, the Crow two Ma- *' trangs, and the Peacock three Matrangs ; the Moufe Half a Ma- *' trang. One Matrang is the fhort Vowel, two Matrangs the long ** Vowel, and three Matrangs the continued : A Confonant with- ** out a Vowel has the Half Matrano:* Thefe Vowels are ao-ain to be ** diftinguiflied by a high Note for the one Matrang, a low Note for *' the two Matrangs, and an Intermediate or Tenor fcr the three " Matrangs, either with Nafals or Gutturals, ee, el, 5, ou, are Dip- G ** thongs> ( xxvi ) '* thong,s, and cannot" be fliort ; but thefe four, together with the *"' other five, e, ee, 66, ree, lee, are to be taken as Vowels." It has been mentioned that thefe Diftindions are all marked in the Beids, and mufl be modulated accordingly, fo that they pro- duce all the Effed: of a laboured Recitative ; but by an Attention to the Mufic of the Chant, the Senfe of the Paffage recited equally efcapes the Reader and the Audience. It is remarkable, that the Jews in their Synagogues chant the Pentateuch in the fame Kind of Melody, and it is fuppofed that this Ufage has defcended to them from the remoteft Ages. To give fome faint Idea of thefe arbitrary Notes, a Line is here inferted with the feveral Matrangs. -f- eie moondee Kreele bederoo bederoo bederoo. The lafh Syllable of the Word bcderSo with three Matrangs is held for near a Minute, gradually finking, and then fwelling out with a fLcfii Riiiforza to mark each Matrang. The Shanfcrit Poetry comprehends a very great Variety of dif- ferent Metres, of v/hich the moll: common are thefe : The Munnee hurrench Chhund, or Line of twelve or nineteen Syllables, uhich is fcanned by three Syllables in a Foot, and the moil approved Foot is the Anapa^lL TjiE Cabee Chhund,,or Line of eleven Svilables. ■\ Sec Plate No 3. Line i. The Hate MTranr^zA^rj- //r^Sa-y/a/^ XXVJ ASHJ. O GUEi. PAGE .xxvin -^. ;5 V* ASHI^ O GUE TAGEXOX ( xxvii ) The Anufhtofe Chhund, or Line of eight Syllables. The Poems are generally compofed in Stanzas of four Lines, called Aflilogues, which are regular or irregular. The moft common Aflilogue is that of the Anuilitofe Chhund, or regular Stanza of eight Syllables in each Line. In this Mea- fure greatefl Part of the Mahabaret is compofed. The Rhyme in this Kind of Stanza fhould be alternate ; but the Poets do not fecm to be very nice in the Obfervance of a ftridt Correfpondence in the Sounds of the terminating Syllables, provided the Feet of the Verie are accurately kept. This fliort Anuflitofe Afhlogue Is generally written by two Verfes in one Line, with a Paufe between, fo that the whole then alTumes the Form of a long Diftich. The irreo-ular Stanza is conflantlv called Aryachhund, of what- ever Kind of Irregularity it may happen to coniifl. It is moll: com- monly compounded of the long Line Cabee Chhund, and the fliort Anuihtofe Chhund alternately ^ in which Form it bears fome Refem- blance to the mofl common Lyrick Meafure of the Ejiglilh. . It will in this Place be pardonable to quote a few Stanzas of iihanfcrit Poetry, as Examples of the ihort Account here given of its 3 Frofody. ( xxviii ) Profody. The Specimens give us no defpicable Idea of the old- Hindoo Bards. The Images are in general lively andpleafing, the Diction elegant and concife, and the Metre not inharmonious. An AJ}:logue AnuJIjtofe Chhtmdy or regular ^ of eight Sylla^- hies m each Line,'^ Peeta che reenewan flietrooh Mata flietroo rell:ieeleenee Bharya roopewetee fhetr5oh Pootreh flietroo repundeeteh. . A Father m Debt is an Enemy (to his Son.) A Mother of fcandalous Behaviour is an Enemy (to her Son.) A Wife of a beautiful Figure is an Enemy (to her Hufband.) A Son of no Learning is an Enemy (to his Parents.) These Verfes are regular dimeter lambicks. An AJJologue Munnee hurreneh Chhund^ or of nineteen Syllables., Ootkhatum needhee fliungkeya khyeetee telum dhonata geereer dhatewo eelteerne Isereetam peteer nreepeteyor yetaene lungtolheetah Muntr' aradhene tetperaene menefa neeta fhmeflianae neelhah Prapta kapee werateeka ncche meya treeflinae fekama bhewe. » See Plate No. 3, % Ibid. From ( xxix ) From the infatlable Defire of Riches, I have digged beneath the Earth ; I have fought by Chymiflry to tranfmute the Metals of the Mountains. I have traverfed the Queen of the Oceans ; I have toiled inceffant for the Gratification of Monarchs. I have renounced the World, to give up my whole Heart to the Stu- dy of Incantations ; I have paifed whole Nights on the Places where the Dead are burnt. I have not gained one Cowry, — Begone, O Avarice, thy Bufmefs is over. A/: AJl:>logue Munnee hurreneh Chhu7id^ or oft'ucelve Syllables . * Sheiheena che neefha neefheyache flielliee Shefheena neeflieya cheweebhatee nebheh Peyefa kemelum kemelaene peyeh eyeia kemelaene weebnatee leren. . , The Niirht is for the Moon, and the Moon is for the Ni^ht : When the iMoon and the Night are together, it is the Glory of the Heavens. The Lotus, or Water-Lilly, is for the Stream, and the Stream is for the Water-Lilly : Vv'hen the Stream and the Water-Lilly meet, it is the Glory of the Canal. See Plate No. 3. H This ( XXX ) This Species of Compofitloii is called Koondelee Clihund, from KoondclGe, a Circle, and anfwers nearly to the Word Rondeau,. which Sort of Verle it exadUy imitates. Almost every Foot in this beautiful Stanza is a pure Anapaeft. Three Afologues Aryachhioid^ o?^ irregular^ from a Collec^ tmi of PoeiJis. * I. Swejeno neyatee wlrum ereneete booddneer weenalhe kalaepee Chhaedaepee chundene teroo oorebheyetee mooknum koot, harelye. A good Man goes not upon Enmity, But is well inclined towards another, even while he is ill-treated by him : So, even while the Sandal-Tree is felling. It imparts to the Edge of the Axe its aromatic Flavour. 2. Yedyepee ne bhewetee hanee Perekeeyam cheretee rafebhee drakhyam Efemunjefe meetee metwa Tethapee kheloo khadyetae chendreh. * See Plate No. 4. So TirR>:K AS \\U O G U F. s . / / « ( xxxi ) So long as there is no Danger, The Afs will eat a Stranger's Vine ; So, not confcious of receiving any Hurt, The Dragon * ftill attempts to devour the Moon. Alluding to the Gentoos Idets of an Ecllpfe. %* This Stanza has been (quoted in a former Publication as a Specimen of the Reig Beid. 3- SejjenuTye hreedeyum neweneetum Yedweduntee weeboodha ftedeleekum bnyedaehe weelelet pereetapat Sejjeno drewetee no neweneetum. The good Man's Heart is like Butter, The Poets fay, but herein they are miftaken : Upon beholding anothers Life expofed to Calamities, The good Man jnelts -, — J but it is not fo with Butter. X Thatis, the Simile is not juft, becaufe it does not exprefs the Powers of Sympathy^ which are the charaderiftic Part of the good Man's Difpolition. The Four Beids are not in Verfe, as has been hitherto erroneouOy imagined, but in a Kind of meafured Profe, called Pungtee Chhund : The Tranflator is therefore obliged to obferve, that an Author of much Merit has, by wrong Information, been induced to ( xxxii ) to offer four Stanzas as Specimens of the feveral Beids, which have not the leaft Affinity or Similitude to thofc Books : His firft Stanza is very faulty, and without an Interpretation : But, as a Proof that it cannot belong to the Beids, it has already been quoted in the Specimen of the Aflil.ogue Aryachhund, together with the Stan- zas immediately preceding and following, which are taken from a V/crk called Kayaprekafh (or a CoUedlion of Poems) faid to have been compofed by one Kiyat, in the third Age of the World. From the many obfolete Terms ufed in the Beids, from the Concifenefs and Obfcurity of their Dialed!:, and from the Particu- larity of the Modulation in which they muft be recited, they are now hardly intelligible : Very ftw of the moil learned Pundits, and thofe only who have employed many Years of painful Study upon this one Tafk, pretend to have the fmalleft Knowledge of the Ori- ginals, which are now alfo become extremely fcarce and difiicult to be found; but Comments have been written on them from fhe earlieft Periods ; v/hereof one of the moft ancient and moil ortho- dox was compofed by Bileflit Mahamoonee, or the mofl: Wife, a great Writer and Prophet, who is faid to have lived in the Suttee Joguc, or iiril: Age of the World, and from whom Beafs, the cele- brated Author of the heroic Poem Mahabaret, boafted his Defcent. The Style of this Writer is clear, but very concife; a Specimen of it is here offered, in hi^ Explanation of the firft Chapter of the Reig Beid, which contains a Dcfcription of the Wifdom and Powers of the Almighty. 3 Bi/e/bt CHAPTEK OF B I SE SHT MAHAM O K E E .. C^t 'OtllU -^ CIL\FTER OF BISESHT CO:j^TI2^UETI . ihTjin. A- ( xxxiii ) Bifefht MahZnioo72ce upon the Reig Beici, * bnree Cjenaeinaye nemeli! lemelte weelheyc walena veeneermook- ten le reremehumie. Kaewclum necrweeinae Ine Drehmc crxingtciie matraewe tee/litetee fe Percmehumfeh. Yetre kootre cheetteeih- tetee, tetr', adoCi Reegbaedufye Pregyaneilicbdafye vyakhyanuni kreeyetae. aekemaew* ildwceteeyum Brehmaetee feeddhfingteh: Pregyanum fwcteilichitenyum tedwcefliaeihah cnacke prckarah -, tenmedhyae yet, hawlbbooddhy' anoofaraene vyakhyanumkreeyetae. Prekrellituni ootkrefhtum gyanumPregyanum: oopadhee reheetuni fwetelhchitenyum. Kale treye reheetum ; eweft, ha treye reheetum ; prepunche veenecrmooktiim fvvetuntruin gyanum tet pregyanurn name dhaeyuniBrehme bhewetee. Yeggyanaene too mayachitenyum bhewetee, yegg yanaene chetuSrvIng ilietee tetwuni chlteryum bhe- wetee, keemeewe , looryes chekhyoo reewe, egnee patre meewe, cnoom beke lone meewe, lootrednare cneetre meewe, kalht agnce reewe, pooroolhe chnayaewe wate raenoo reewe, anenoorddhere bane eewe, breekye chnayaewe ; emoona prekaraene cnitenyum lemeite jeget prepunch' otpadekum kerotee, gyanefliektee, eechhafhektee, kreeyafliektee, chitenyum jegetakarum bhewetee : ete aewe neer- getangteh kerenaene flirotre ddharaene fliebde grehenum kerotee, neergetangten kerenaene twecna dwaraene Ipcniie grenenum kero- tee, neergetangteh kerenaene chekhyoo dwaraene roope grehtnum kerotee, neergetangteh kerenaene jeehwa dwaraene refe grehenum kerdtee^ neergetangteh kerenaene nafeeka dwr.raene gungdhS • See Plates No. 5 and No. 6. I grehenum ( xxxlv ) grchenum kcrotce ; etc aewe punche kermingdreeye praerekeh, punclie gyaniiidreeye praerekeh, puuche mehabh5ote praerekeh, punche tenmatranee praerekeh, goone treye praerekeh eetyadee femefte prepunch' otpetteeh preleyatmekum kerotee, jegetfa- khyeetwaene peiliyetee. Tet pregyanum name Brehme dhyaeyum bhewetee, tefmat pFegyane fhebdaene ted Brehme weefhaefhaene ferwaefliereh ket, hyetae; tebre f55tredhar' eefhereh maya weedhya nctee nreetyum kerotee ke-eewe nete-eewe, eetee reegwaeduiye pregyane fhebdeneerneyeh. Co77ime72tary of Bifejlot Maloamoonee upon the i ft Chapter of the Reig Beid, J. /^ LORY be to Goneifh ! That which is exempt from all De- ^^ fires of the Senfes, the fame is the mighty Lord. He is fin- gle, and than him there is Nothing greater. Brehm (the Spirit of God) is abforbed in Self- Contemplation : The fame is the mighty Lord, who is prefent in every Part of Space, whofe Omnifcience, as expreiled in the Reig Beid, I iliall now explain. — Brehm is one, and to him there is no Second -, fuch is truly Brehm. His Omni- fcience is felf-infpired (or felf-intelligent) and its Comprehenfion includes every pofTible Species. — To illuflrate this as far as I am able. — The moft compreheniivc of all comprehenfive Faculties is f An Invocation never omitted by a pious Gentoo upon the Commencement of any Bufinefs whatfocver. Omni- ( XXXV ) Omnifciencc ; and being felf-infpired, it is fubje6t to no * Acci- dent of Mortality or PafTion ; of Vice -f- ; to it the J three Diftinc- tions of Time are not ; to it the three § Modes of Being are not ; it is fcparated from the Univerfe, and independent of all. This Omnifcience is named Brehm. By this Omnifcient Spirit, the Operations of God are enlivened ; by this Spirit alfo, the || twenty- four Powers of Nature are animated. How is this ? As the Eye by the Sun, as the Pot by the Fire, as Iron by the Magnet, as Variety of Imitations by the Mimic, as Fire by the Fuel, as the Shadow by the Man, as Dufh by the \7ind, as the Arrow by the Spring of the Bow, and as the Shade by the Tree ; fo by this Spirit the World * Of which they reckon five, Conception, Birth, Growth, Decay and Deat)- f In Number fix, called Opadhee, viz. Luft, Anger, Avarice, Folly, Drunken- nefs and Pride. J The paft, prefent and future. § To be awake, to fleep and to be abforbed in a State of Unconfcioufnefs — a Kind of Trance. II Viz. The five Elements (for the Hindoos add to the four a fubtile ^ther, which they call Aka(h, and fuppofe to be the Medium of Sound) The five Members of A6tion, Hand, Foot, Tongue, Anus and Yard, The five Members of Perception, Ear, Eye, Nofe, Mouth and Skin. The five Senfes. The three Difpofitions of the Mind, Defirc, Pallion and Tranquilh'ty. Confcioufnefs, or Self-Perception. r) ( xxxvi ) is endued with the Powers of Intelle(5t, the Powers of the Wil!-;, and the Powers of Action -, fo that, if it emanates from the Heart by the Channel of the Ear, it caufes the Perception of Sounds ; if it emanates from the Heart b)' the Channel of the Skin, it caufes the Perception of the Touch ; if it emanates from the Heart by the Channel of the Eye, it caufes the Perception of vifible Objedts^ if it emanates from the Heart by the Channel of the Tongue, it caufes tlie Perception of Talle; if it emanates from the Heart by the Channel of the Nofe, it caufes the Perception of Smell. This alfo invigorating the five Members of Action, and invigorating the five Members of Perception, and invigorating the five Elements, and invigorating the five Senfes, and invigorating the three Difpofitions of the Mind, &c. caufes the Creation or the Annihilation of the Univerfe ^ while itfelf beholds every Thing as an indifferent Spec- tator. Wherefore that Omnifcience thus centered in Brehm is cal- led Serwaeflier (or the Lord of all ;) and this Lord, as a Player doth, is perpetually fl^.ifting his Modes of Operation, by a Variety of Gradations, as the Dancer fliifts his Steps. — Thus far the Doc- trine of the Reig Beid. The Tranflator is confcious, that this fliort Account of the Shan- fcrit is very defedlive and infufficient ; but he muft plead in his owa Defence, that very lately only, and that altogether by Accident, he was enabled to procure even this flender Information ; that the Pundits who compiled the Code were to a Man refolute in rejed- ing all his Solicitations for Liflrudion in this Dialed, and that the 3 Perfuafion ( xxxvil ) Perfuafion and Influence of the Governor-General were in vain exerted to the fame Purpofe, Hov/ever, fince the Completion of his former Tail-i, he lias been happy enough to become acquainted with a Bramin of more liberal Sentiments, and of a more com- municative Difpolition, joined to an extenfivc Knowledge acquired both by Study and Travel : He eagerly embraced the Opportunity of profiting by the Help of fo able a Mailer, and means to exert all his Diligence upon fo curious and uncommon a Subjedt. The Hindoos as \vell as the Chinefe have ever laid claim to an Antiquity infinitely more remote than is authorized by the Belief of the reft of Mankind. It is certain however, that tliefe two Na- tions have been acquainted with Letters from the very earliefl Pe- riod, and that their Annals have never been difturbed or dellroyed by any known Revolution ; and though we may come to the Perulal of their Records, armed with every Argument, and fortified even to Prejudice againll: the Admiilion of their Prctenfions, at the fame Time placing the moll implicit Reliance upon the Mofaic Chrcmo- logy as generally received, yet their plaufible Accounts of thofe re- mote Ao;es, and their undeviating Confidence in their own Alferti- ons, never can fail to make fome Imprcflion upon us, in propor- tion as we gain a clearer Iniight to them. Sufpicions of a like Na- ture are not totally without Foundation even in the Weilern World ; and the confcientious Scruples of the Plillioriographer of Mount i'Etna (as mentioned in a late * Publication) v/ill always be of fome Weight in the Scale of Philofophy. * Brydone'b Letters. K The ( xxxviii ) The Plindoos then reckon the Duration of the World by four Jogues, or diftind Ages, 1. The Suttee Jogue (or Age of Purity) is faid to have lafted 3,200,000 Years; and they hold that the Life of Man was in that Age extended to 100,000 Years, and that his Stature was 21 Cubits. 2. The Tirtah Jogue (or Age in which one third of Mankind were reprobate) they fuppofe to have confifted of 2,400,000 Years, and that Men then lived to the Age of 10,000 Years. 3. The Dwapaar Jogue (in which Half of the human Race became depraved) endured 1,600,000 Years, and Mens Lives were reduced to 1000 Years. 4. The Collee Jogue (in which all Mankind are corrupted, or rather lelTened, for that is the true Meaning of Collee) is the pre- fent JErsLf which they fuppofe ordained to fubfiil for 400,000 Years, of which near 5000 are already paft, and Man's Life in this Period is limited to 100 Years. Computation is lofl, and Conjcdure overwhelmed in the At- tempt to adjufl: fuch afloniililng Spaces of Time to our own confined Notions of the World's Epoch : To fuch Antiquity the 3 Mofiiic ( xxxix ) Mofaic Creation is but as Yeftcrday ; and to fuch Ages the Life cf Methufelah is no more than a Span ! — AbRird as this Gtntoo Dodrinc may feem, mere human Rcafon, upon Confideration of the prcfent contracted Meafure of Mortality, can no more reconcile to itfclf the Idea of Patriarchal than of Braminical Longevity ; and when the Line of implicit Faith is once extended, we can never afcertain the pre- cife Limits beyond which it muft not pafs. One Circumflance mull not be omitted, that the Ages allotted to Mankind in the fcveral Jogues by the Bramins tally very exactly with thofe mentioned by Mofcs, as far as the Chronology of the latter reaches. For the laft Part of the Dvvapaai" Jogue, in which Men are faid to have attained to One Thoufand Years cf Life, correfponds with the Mofaic ^ra of the Antediluvians : And in the Commencement of the Collee Jogue, which comes very near to the Period of the Deluge, the Por- tion of human Exigence was contradled to One Hundred Years, and is fcldom fuppofed even to go fo far. We are not much advanced in our Inquiries, by allowing with fome excellent Authors, tiiat moft of the Gentoo Shailers (or Scrip] tures) were compofed about the Beginning of the Collee Jogue ; for then we at once come to the immediate JEr^. of the Flood, which Calamity is never once mentioned in thofe Shafiers, and which yet we mufl think infinitely too remarkable to have been even but flightly fpoken of, much lefs to have been totally omitted, had it even been known in that Part of the World. The Bramins indeed remove this Objedion by tv/o Ailertions ; One, that all their Scrip- tures ( xl ) turcs were written before the Time by us allotted to Noah;" the Other, that the Deluge really never took place in Kindoftan. But to wave thefe vague and indefinite Dlfquifitions, it will not here be fuperiiuous to quote a PaiTage or two from fome of the mod claiTical and authentic ShaAers, which exprefsly determine and fix the Dates of their refpedtive ^ras to the eariiefl Jogues. The firfl Specimen here inferted is from the Book of Munnoo, which the Reader will obferve fi:ands foremofl in the Lift of thofe which furnifhed the fubfequent Code ; and though the fecond Quo- tation is not Co authoritative, as being the Proda6tion of a later Au- thor (whofe Name we do not recolledt) in Teftimony of the Date cf another, }et Jage-Bulk is mentioned among the firft Legiflatorf, and his Books are valued for their Ant'-quity as well as their JExcel- lence. yf72 Afblogue Mimnee hurreneh Chhund^ or of Nineteen Syllables^ from Munnoo. -f Ebdanam defhekum feheire defhekum yatum che fetyae yoogae Bhadrae mafee kreetameyahee menoona brehma gyeya poorneemae Shaftrum neetee weechare dherme jenekum gyanepredum ferweda Ehoorlokae heetekamgeya menoopreja nama fmreeteer deepeeka. f See Plate No, 7. When Hate VM'n2Hi/a/cr's ur^/a/:^ /hwc XL . A 5 H Ju O G U K S . (Diuurf « ^' ( ^'li ) V/hen ten thoufand and ten Years of the Suttee Jogue were paf>, on the Night of the Full Moon, in the Month BhaJun, I Munnoo, at tlie Command of Brehma, finiflied this Shafter, that fpeaks of Mens Duty, of Juftice, and of Religion, ever innru^Stive. This Treatlfe, called Munnoo Smiflee, will enlighten the World like a Torch. Two AjJjlogues Anujldtofe Chhimd^ or of eight Syllables^ upon y age- Bulk, -f raetayam yagyewelkaene bhrawenae malee inooklae cnee Yagyevvelky' abheedum fliallrum Rajeneetee preedum chlwe. Vyetee tae newe punchekae unchcmvam boodhewalerae Dherme neetee prekalLekum Neranam heetekamyeya. In the Tirtah Jogue, the Author Jage-Bulk, when ninety-iive Years were paft, in the Month of Sawun, on the Moon's Increafe, on the Wednefday (or literally on the Day of ^Mercury) finiflied theTreatife, f See Plate No. 7. * It is very remarkable, that the Days of the Week are named in the Shanfcrit Lan- guage from the fame Planets to which they were affigncd by the Greeks and Romans, Audeetye War ? e r t>- Audeetye 7 , ^ _^_ \._ >SohsDies. -D-i— >thebun. Rebee War \ Rebee j Some War Lunse Dies. Some the Moon. Muni^el War Alartis Dies. Mungele Mars. Boodhe War Mercurii Dies. Boodhe Mercury. Breehefpet War Jovis Dies. Breehefpet Jupiter. Shookre War Veneris Dies. Shookre V\:nus. Shenifcher War Batumi Dies. Shenifcher Saturn. L called ( xlii ) called Jage-Bulk, which fets forth the Offices of Religion, and alfo informs Men of the Duties of the Magiflrate. What Periods fl^iall we poffiblyaffign to thefe Writers, if we dif- allow the Authorities here quoted ? If they are falTe, there mufl have been a Time when the [mpofition would have been too palpable to have paficd upon Mankind, and when the concurrent Teftimony of the whole World would have rlfen up in Judgment againfl it ; for if we grant Munnoo's Works to have been publiilied during his own Life-Time, it is impoHlble that he (hould have ventured to utter fo monflrous a Forgery ; and if they were concealed till after his Death, could the Memory of his late Exiflence be fo fhortly obliterated through the whole Country ? — But fuppofing fo much of the Book as relates to the Date to have been folded in by another, and after- v*ards produced as a Part of the original Text, which till that Time had lain undifcovered. Nobody furely would have believed him in Oppofition to the univerfal Faith ! for fo miraculous a Fidion could never gain Credit but upon the Support of fome Principle of religious Opinion, and every Religion has eftabliOied a Chronology of its own : Befides, can it be poffible, that none of Munnoo's Cotemporarics, none of the fucceeding Writers fiiould have recorded fo flriking a Circumflance ? for if the whole Indian World had till that Time be- lieved with us in a Chronology nearly anfwering to that of Mofes, fo aftonifliing a Change in their Sentiments upon the Introdudlion of the Doctrine of the Jogues would have furnidied ample Matter for a thoufand Volumes ; but on the contrary, all the Parts of every 3 Shafler ( xliii ) Shafler (however different from each other on religious Subjects) are yet uniform and confident throughout upon this; the fame Mode of computing their Annals has always obtained, and the fame Belief of the Remotenefs of Antiquity that now prevails may be proved to have been univerfally acknowledged, even at the Time in which fome pretend to fix the firft Appearance of Letters in Hindoftan. Rajah Prichutt, who thoughranked as a modern on the Records of India, is yet known to have lived in the earlief!: Ap-es of the CoUee Jogue, was no lefs anxious than modern Philofophers are to pierce through the Obfcurity of Time, and to trace the Progrefs of the World from its Infancy ; at his Infligation -a Work was compofed by ShukehDiew, a learned Bramin (Son of Beiifs, the famous Author of the Mahabaret) containing the Hiflory of India through the three pie- ceding Jogues, with the Succeffion of the leveral Rnjahs, and the Duration of their Reigns. This curious Hiflory, called Shree Bhag- BUT, ftill fubiifls, divided into twelve Afcund or Books (literally Branches) and three thoufand and twenty Chapters. What flv.dl we fay to a Work compofed four thoufand Years ago, and from thence tracing Mankind upwards through feveral millions of Years ? Mud v>e anfwer, that the Earth was at that Time an uninhabited. Marfh, fl:ill flowly emerging from an univerfal Inundation ? Great furely and inexplicable mufl be the Doubts of mere hu- man Reafon upon fuch a Dilemma when unafTifted and uninformed by Divine Revelation \ but while we admit the former in our Argu- ment^ ( xllv ) nicnt, we prcfefs a mofl: unihaken Reliance upon the latter, before \\hich every Sufpicion muft fubiide, and Sceptlcifm be abforbed in Convidion : Yet from the Premifes already ellabiiQied, this Concki- iion at leaft may fairly be deduced, that the World does not now con- tain Annali of more indifputable Antiquity than thofe delivered down by the ancient Bramins. Collateral Proofs of this Antiquity may be drawia from every Page of the prefc^nt Code of Laws, in its wonderful Correfpondence with many Parts of the Inftitutes of Mofes, one of the firft of known Legillators ; from whom we cannot poffibly find Grounds to fuppofe the Hindoos received the fmallell Article of their Religion or Jurif- prudence, though it is not utterly impofiible, that the Do6lrines of Hindoflan' might have been early tranfplanted into Egypt, and thus have become familiar to Mofes. The Gentoos have in all xAges believed in the Tranfmigration of Souls, which they denominate Kayaprewaeih and Kayapelut : This latter literally anfwers to the Word Metempfychofis. — An ancient Shaflcr, called the Geeta, written by Adhae Doom, has a beautiful Stanza upon this Syftem of the Tranfmigration, which he corn- pares to a Change of Drefs, An K S HI. O G U E . ihif.ti)'!'' ( xlv ) An AJhlogiie Cabee Chhund^ or of eleven Syllables in each Line, * On the Tranfmigratio7Z of Souls. Wafamfee jeernanee yet, ha vveehayc Newanee grehnatee nero peranee, Tet, ha lliereeranee weehaye jeernan Enyanee fumyatee newanee daehee. As throwing afide his old Habits, A Man puts on others that are new. So, our Lives quitting the Old, Go to other newer Animals. •f* An ingenious Author of our own has well explained their Ideas upon the Subjedt of a future State, though he laments at the fame Time, that his Materials were too imperfed: to afford com- plete Information. Their Creed then is, that thofe Souls which have attained to a certain Degree of Purity, either by the Innocence of their Man- ners, or the Severity of their Mortifications, are removed to Regions of Happinefs, proportioned to their refpedive Merits : But that thofe who cannot fo far furmount the Prevalence of bad Example, • See Piiite No. 8. f Mr, Holwel!. M and and the forcible Degeneracy of the Times, as to deferve fuch a Pro- moticn, are condemned to undergo continual Puniflimcnt in the Animation of fucceffive animal Forms, until at the ilated Period anotjier Renovation of the four Jogues fliall commence upon the Diiiblution of the prefent. They fuppofe that there are fourteen Bhoobuns or Spheres, fe- ven below and fix above the Earth -, the feven inferior Worlds are faid to be altogether inhabited by an infinite Variety of Serpents, de- fcribed in every monflrous Figure that the Imagination can fuggeft ; hence the Reafon why fuch particular Mention is made of Serpents in the Account of the Creation prefixed to this Code. The Earth is called Bhoor, and Mankind who inhabit it Bhoor-logue ; an In- ftance of which may be feen in the Stanza quoted from Munnoo : The Spheres gradually afcending from thence are, ill:. BoBUR, whofe Inhabitants are called the Bobur-loeue, 2d. The Swergeh-logue. 3d. The Mahurr-logue. 4th. The Jun- neh-logue. 5th. The Tuppeli-logue. 6th. The Suttee-logue. The Bobur is the immediate Vault of the vifible Heavens, in which the Sun, Moon, and Stars are placed. The Swergeh is the firil Paradife and general Receptacle for thofe who merit a Rem.oval from the lower Earth. The Mahurr-logue are the Fakeers, and fuch Perfons as by Dint of Prayer have acquired an extraordinary Degree of Sandity. The Junneh-logue are alfo the Souls of pious 3 and ( xlvll ) mid. moral Men ; and beyond this Sphere they are not fuppofed to pafs without Ibme uncommon Merits and Qualihcations. The Sphere of Tuppeh is the Reward of thofe who have all their Lives performed fome wonderful AO: of Penance and Mortification, or who have died Maityrs for their Religion. The Suttee or higheft Sphere is the Refidence of Brihma and his particular Favourites, whence they are alfo called Brihma-logue : This is the Place of Dellination for thofe Men who have never uttered a Falfehood durine their whole Lives, and for thofe Women who have voluntarily burned themfelves with their Hufoands. How fhall we reconcile fo fplendid and exalted a Benedid:ion pronounced upon this fponta- neous Martyrdom, with the AiTertion of an Author, that the Cuf- tom for the Wives to burn themfelves with their Kufbands Bodies was never reckoned a religious Duty in India ? This Circumflance will again prefent itfelf in the Remarks on the Chapter of Women. But it is now Time to draw this ElTay towards a Concluiion, by confining ourfelves to the more immediate Explanation of fuch Parts of the Code as may not feem entirely confiftent with European Opinions, or European Juftice. The Work opens with a fliort Preliniinary Difcourfe, written by the Bramins themfelves, as well to fet forth the Motives and Ufes of the Compilation, as to gratify the honeft Vanity of every fenlible Mind, in giving fome Account of itfelf and of its Labours. No- thing can be mere remote from a fuperflitious Adherence to their own ( xlviii ) own domeftic Prejudices, or more truly elevated above the mean and felfidi Principles of Prieftcraft, than the genuine Dignity of Sentiment that breathes through this little Performance. Few Chrilliaiis, with all the Advantages of enlightened Underflandings, would have expreffed themfelves with a more becoming Reverence for the grand and impartial Defigns of Providence in all its Works, or with a more extenfive Charity towards all their fellow Creatures of every ProfefTion. It is indeed an Article of Faith among the Bramins, that God's all merciful Power would not have permitted fuch a Number of different Religions, if he had not found a Plea- fure in beholding their Varieties. The firil Section of the Preface contains an Account of the. Cre- ation, literally as the Gentoos believe it to have been performed : The four great and original Tribes are there faid to have proceeded from the four different Members of Brihma, the fuppofed immedi- ate Agent of the Creation under the Spirit of the Almighty. The Hindoos do not fuppofe that thefe feveral Parts of the Creator, af- figned for their Produd:ion, are a fymbolical Token or Defcription of the refpedive Duties of their Stations 3 but that the feveral Quali- fications of each Cafl, and the enjoined Exercife of thofe Quali- fications, are the natural and unavoidable Refult of the prefiding Fundion in each of the Members of their firfl Parent. The ( xlix ) The Bramiii from the Mouth — (Wifdom) to pray, to read, to iiifl:ruVdah, ( i8 ) Nullah, Nut'kerw, A Brook. Daily Worlliip* Opcokut, Opoo-Patuky Oulahy o A voluntary Slave. Small Offences. A Drug which when beaten up with Oil is ufed as an Ointment for the Hair, by the vulgar Women in BengaU Pdan, Paddee^ Pak-Parijh, Paufs, Peepul, PeJ^teek, Peiadac, Peipachy Perajapnt, The Beetle Plant. Rice unprepared. Fahe Accufation. ^ of a Day, or Six Hours* A bitter Drug. A White Stone, Chrvftal. A Guard to accompany a Prilbner at large. One of the Three Inferior Modes of Marriao-e. One of the Five Superior Modes of Marriage. Perajhchut^ ( '9 ) Perajhchutj Perherja-bejheetj Perkeniukkuy Perranek Neeay^ Pertuhbijh Gunden^ Perujlj Phau^ooriy Plafiy Poojeh, Poojeh SerJIouttee^ Pooran, Poojhtee-kernty Pccjhteh-bundeey Poojkidy Pootee, Pul, Pim, Pundit, Punjeety Puntiibbee- baderiy Purrickbajy Expiation, Recovery, A Sinajfee made a Slave f^jr Apoftacy. A Species of petty Offences. Appeal to a former Decifion. Acknowledgmentof a Claim without Ability to pay it. A fmall Weight or Meafure. One of the Bengal Months, anfwering to Part of Fe- bruary and March. The Name of a Tree. Worfliip. Worfliip to SerJIruttee, who i& the Goddefs of Letters. One of the Gen too Scriptures upon Hiftory. Prayers for Health and Profperity. Embankments of Rivers. A fmall Weight or Meafure. A Book, or Compilation. A fmall Weight or Meafure. Twenty Gtmdaes of Cowries. A learned Bramin. A Slave who has loft his Liberty, as a Stake at fome Game. A Salute or Reverence paid by aEride to theBridegroom. Aflay of Metals. Punikcby Purrikcb, ( 20 ) Trial by Ordeal. R Raj ah ^ RiikbuSy Roy, RoziduS'hiirchy R-yot^ A Hindoo Prince or Monarch. One of the Three Inferior Modes of Marriage. A Hindoo Prince. Certain Holidays in the Month AJfen^ in which Period the pompous Worfhip and Burial of the Hindoo Deities are celebrated. A Tenaoit, a Subjeft. Sudheby Certain Food and Treatment for Women in the laft State of Pregnancy. Sagby Vegetables, Greens, Smtee-kerm, Extraordinary Prayers u SauJ, A large Timber Tree. Seboosy Bran. Seekhauberdebee, Interefl to be paid daily. Seemuly A Species of Cotton. Sejjahy A fenced Terras. Sery ( a« ) Ser, Seradeb, Seradeh Amawus, Seriideh aperpukh^ Sf7'adeh Buzurgzvar, Seradeh-nowann^ Serwutteree, Sefdmum, 'Sewarree^ Shaghur^ Shahefh. Shaiti Shalleet Sbanfmty Sbafter^ Shehhi DeijorCy Shebhi Tarecke^, Sbeerie-e, Sbemahbee^ Sbepak^ Sbijb, An Herb. Feafts in Honour of the Dead. A Feftival at tlie End of every Month. A preparatory Fcftival to the Rczidus-hareh. A Feftlval of deceafed Anceftors. An Offering made once a Year in the Month Jghuii, A Bramin learned in the Beids. Muftard. All neceffary travelling Equipage, the Suit of a PerPjn of Diftinclion, &:c. A Deity of the Gcntoos. Violence. Bridges or Embankments of Rivers. Rice unprepared i the fame as Padded. The Language of the Gentoo Scriptures. The Gentoo Scriptures in general. Nights whereon the Moon does not appear. The fame as Sbel^I?i Deijore. A certain Part of the Gentoo Scriptures, containing the Legiflation of the Hindoos. Games of fighting Animals, &:c. A Son of a Kebta and a JVokree, A Student in Divinity and Science. F Sbiimpertee-putty ( o n \ Shumpci'tte-putt^ Shu:ihrcj: kunun^ Sinc.Jfes^ Soode'i\ Sooradhiich^ Sumooder, Su/t^ferjut-heh^ Sunkha^ Sunmid, ConfefTion, Acknowlcdgmenr. A Species of petty Crimes. A Bramin under Vows of Pilgrimage. The Foiirch or loweft original Tribe of Gentoos. A Mark of Infamv, to be branded in the Forehead of a Bramin^ for drinking Wine. The Sea or main Ocean. The Connexion of a Family formed after the Firft Separation. A Sea Shell, commonly called Cbank. A Title Deed, a Grant. T-erkarree, Tokerie, ^okcheb, 1'urby The domeftick Idol of Gentoo Adoration. The Species of Gourds. A Bafl different Hufbands; and alfo of adopted Sons. SecTt. XV, Of Dividing concealed Effcfts, and of rcdifying unequal Divifions •, and of the Modts of fettling the difputed Shares of Partners. Seel. ( 3» ) $c^. XVI. Of Ac(^uiring Right of Pofleflion in the Property of another, by Ufufrud. CHAP. III. Of yuftke» Se(5t. I. Of the Forms of adminiftering Juftice. Sei5l. II. Of Appointing a Vakeel or Attorney. Sccl.. III. Of not apprehending an acciifed Party. Sf6t. IV. Of Giving an immediate Anfwer to a Complaint.- Stdt. V. Of Plea and Anfwer. Seel. VI. Of Two Sorts of Anfwers, Proper and Improper^ Seft. VII. Of Evidence. Sed. VIII. Of Proper and Improper Evidence. Seft. IX. Of the Modes of examining WitnefTes. Sed. X. Of AppointingArbitrators more than once ; and of the Mode of drawing up the Statement of a Caufe. Se(5L XI. Of Giving Preference to a Claim.. CHAP.. ( 3^ ) CHAP. IV. Of Truji or Depoft. CHAP. V. Of Selling a Stranger s Property, CHAP. VI. Of Shares, Stdi. I. Of Shares of Trade in Partnerfhip. Sed. II. Of Shares of Artificers. CHAP. ( S3 ) CHAP. VIL Of Gift. CHAP. VIII. Of Servitude. 5«&. I. Of Appellations of Apprentices, Servants, Shye5, &c. Seft. II. Of the Modes of enfranchifing Slaves. Sefl. III. Of fuch as are Slaves, and of fuch as are not Slaves. CHAP. IX. OJ Wages* "Seel. I. Of the Wages of Servants. €e<5]:. II. Of the Waores, of dancing Women or Proflitutes. CHAP. ( 34 ) CHAP. X. Of Rent and Hire. CHAP. XL Of Purchafe and Sale, Seft. I. Of the Venders not delivering up to the Purchafer the Com- modity fold, and of the Magiftrates caufing him to deliver it^ Se6l» II. Of Returning or not Returning Articles purchafed. CHAR XII. Of Boundaries aiid Limits. CHAP. { 35 ) CHAR Xlll Of Shares in the Cultmation of Lands* CHAP. XIV. Of Cities and Towns ^ and of the Fines for Damaging a CropK CHAP. XV. Of Scandalous and Bitter Exprejftons, Sed. I. Of the Denominations of the Crime, Sex5t. IL Of the Punifhment. CHAP, < 36 ) CHAP. XVL Of Jjfault. Se6t. I. Of Affault, and of Preparation to aflault:, Seft. II. Of Cafes where no Fme is taken. Seft, III. Of the Fines for the Death of Animals. CHAR XVII. Of Theft. Se6t. I. Of Theft open and concealed. Scd. II. Of the Fines for open Theft.. Seft. III. Of the Fines for concealed Theft. Seft. IV. Of Apprehending Thieves. Stdz. v. Of thofe Perfons who are to be confidered as Thieves. Sedl. VI. Of the Chokeydars being unanfvverable for Stolen Goods. CHAP. ( Zl ) CHAP. XVIII. Of Violence, G H A P. XIX. Of Adultery, Stdi, I. Of the feveral Species of Adultery. Scd. II. Of the Fines for the feveral Species of Adultery. Sed. III. Of the Fines for Adultery. Seft. IV. Of Adultery with an unmarried Girl. Sed. V. Of Thrufting a Finger into the Pudendum of an unniarriedGirl. Seft. VI. Of Stealing away an unmarried Girl. .Scd. VII. Of Adultery with a Woman of bad Charafler, or a common Proftitute. Secl.VIII. Of the carnal Conjimflion of a Mm with any other Animal. K CHAP. 84547 ( 38 ) CHAP. XX. Of what cojicerns Women, CHAP. XXL Of Sundry Articles^ Sea. I. Of Gaming. Seft. II. Of Finding any Thing that was lof!;. Se6l. III. Of the Fines for cutting Trees. Se61:. IV. Of the Tax upon buying and felling Goods. Sed. V. Of the Quarrels between a Father and Son. Sed, VI. Of Serving unclean Vi6luals. Sed. VII. Of the Punilliment to be infiided on a Sooder for reading the Beids. Scd. VIII. Of the Properties of Punilliment. Sea. IX. Of Adoption. Sea. X. Of Sundries. PREFACE. 39 PREFACE. Account of the Creation. THE Principle of Truth, having firfl formed the Earth, and the Heavens^ and the Water, and the Fire, and the Air, produced a Being, called Burmha, the Bcwtah, for the Creation of all Beings (Bcwtcih is that to which all offer their Worfhip) afterwards he created the Bramin from his Mouth, the Chehteree from his Arms, the Bice from his Thighs, and Sooder from his Feet : And he ordered Bunnha to complete the other Creations, and to fettle the feveral Employments refpedively of the Bramin, the Chehteree, the Bice, and the Sooder, that he had created; and he committed the Government of all Beings toBurmha, — Burwha, zccording toOrder, produced in the World Mankind, and Beads innumerable, and Birds, and Vegetables, and all inanimate Things, and Serpents of all Kinds and Varieties, and Piety, and Morality, and Juftice, and Continence, and Lull, and Anger, and Avarice, and Folly, and Arrogance, and Dninkennefs. And whereas the Bramin proceeded from the Mouth of the Principle of Truth, for this Reafon His Rank is the moft eminent; the Cheh- teree fprung from his Arms, his Rank therefore is Second; the Origin of the Bice is from the Thighs, and his Rank is the Third in Eminence; and the Sooder, who fprung from tlie Feet, is therefore the leall in Degree of them all. Burmla^r^ fettled the Occupation of each of thefe Four Tribes; as that the Occupation of the Bramin fiiould be to read the Beids, and other Shajier, and ( 40 ) 10 teach the Sk^Jler, and to perform the Jugg and Worfhip ; and to caufe the Performance of the Pccjeh^ i. e. the Worfhip to Dewtahy and of the Jugg by- others-, and to perform and to accept thcA/« (an Explanation of theTermsJw^l" and Dcin ia to be found in the Chapter of Inheritahk Properly :) Among thefe Occupations already defcribed, Three are for their Subfillence and Support; and Three for the Exercife of Piety, as for Inftance, to caufe the Perform- ance of the Pocjeh and Jugg of others,; and to inflru6t Pupils, from whom foms Premium is leceived ; and to accept the Ban: Thefe Tliree Occupations are to be the Source of Subfiflence to the B''amin\ and the other Three Occupations are for the Exercife of his Piety. The Occupations of the Chehteree are to learn the Sciaices, to perform the Pccjeh and Jugg^ to perform theZ)/7«, and, arming );imfe]f with the Implements of War, to defend and fecure thtReyots; and for his Subfillence, the Ckehtcree fhall ferve in the Defence of the Reyots\ the other Three Occupations are for Exercifes of Piety to the Chehteree, To the Bice alfo, it was enjoined to learn the Sciences, and to perform the Dan and the Jugg\ ^nd befides this, to him was permitted Commerce, and the tending of Cattle, and Agriculture; the Acquifition of Science, and the Performance of the T>an and Jugg^ are for the Advancement of his eternal Happinefs; and Com- merce, and the lending of Cattle and Agriculture, are for his Liveliliood. The Tribe of Seeder fliall be Servants to the Bramin, the Chehteree, and the Bice. If a Branin cannot procure a Subfiflence by the Exercife of his own ap- pointed Occupations, he lliall earn a Livelihood by applying to tlie Occupa- tions of the Chehteree: If alfo he fails to acquire a Subfiilence from the Oc- cupations of the Chehteree^ he fiiall exercife thofe of the Bice; but of thofe Oc- cupations, he Hi.ill firft apply to the tending of Cattle, and to Commerce; if from thofe alio, he cannot earn his Support, he fhall then betake himfelf to Agriculture. If a Brcmin applies himfelf to Commerce, he fnall not fell either jS^k, or any x^racles of Sweet, or of Bitter, or of Aftringenr^ or of Acid, or Vidual.c, ( 41 ) ■Vidluals, or Stones, or Iron, or Animals, or Men, or Red Cotton Cloth, or Silk Pieces, or Blankets, or other Species of the fame Kind made of Sheeps Wool, or Camphire and other Aromaticks, or iJoney, or Water, or PoiPjn, or Flefli, or Milk, or 'Tyer (Sour Crc^am) or Ghce^ or bitter Oil, or Sefamum, or the Grais Kofe (which is a particular Species of Grafs) or Bird% or Wine, or Fifli, or Wax; but the Sejamum^ if it be produced in Land belonging to the Bramin^ he may fell on the fame Day that it is cleared from the Hulk. The Cbehteree^ if he cannot fubfift by his own proper Occupations, fliall exercife thofe of th^ Bice-, and if the Bice fails of a Subfifbence from his own Occupations, he (liall "apply to thofe of the Soodcr \ and if the Sooder fails of a Livelihood, he fliall apply to Painting, or to Needle- Work, or fome other fuch Employment : In this Manner are their feveral Occupations divided and diilin2;uifl-ied from each other. — For fome Period after the Creation of the World, iheie v/as neither Magiftrate nor Punilliment •, and no Man committed Crimes, or exercifed In- juftice and Oppreflion upon his Fellow Creatures; and the Reycts were nourifhed with Piety and Morality; but, in procefs of Time, Lufb and Anger, and Ava- rice, and Folly, and Arrogance, and Drunkennefs, became fo predominant over the feveral Members of Men, that with-holding them from Aiflions of Piety, they became the Guides to all Wickednefs ; and Men employed themfelves in all Occupations of Debauchery and Iniquity, and ailumed die Licentioufnefs of eating Things forbidden them to eat, and of uttering Words forbidden them to utter; no Man regulated his Aftions in conformity to the Beid';^ nor walked in any Path but that of Sin. When fuch Iniquities firfl began in the World, ^z/rw/yz having refleded within himfelf, and having written in the Sbnjlcr the Means for thelmprovement of Mankind, and theBufmefs of the Magiftrate, and the feveral Duties of the Bramijt, the Chehteree^ the Bice^ and the Socder, and the Proportions ofPunifhment to be inflifted onOffenders by the Magiftrate, and all other Affairs and Concerns, ifTued his Command to a Man named Reiroojd, a Chehterce, to afiume the Magiftracy, and to proted the Reyots, and to punifli the Guilty, according to the Ordinations of the Sbafier, to the end that Men L m.ight ( 4^- ) mhht not have the Power of committing Injuftice and Violence upon each other. Beircojct, not conl'fnting to accept the Mngiflracy, left his Son Keiroot-man^ and himlclf fltd into the Defarts, to pay his Adorations to the Principle of Truth: In the lame Manner alfo Keiroct-man left his own Son, by Name Kerdum^ and himklf took the Patli of Adoration-, /CdTiuw? alfo, leaving his own Son, by Name Animg^ Jiaftened to the Way of Truth; Anung^ the Son oilierdum^ be* coniing the Magiltrate, for fome Time regulated his Actions in conformity to xhtShdjler: Aftcrwh'ichNeii-mafi his Son took upon him the Magiilracy and the Government; a Son was born toNcii-mdn^ by Name 5^/«, in whom every Sign of an inhuman Difpoficion plainly appeared; as for Inftance, during his Child- hood, at the Tmie of Play, he would bind the Children Hand and Foot, and throw them into deep Rivers, and would break Mens Pitchers, and employ liimfelf in all fuch Kind of foolifli and unworthy Occupations ; the Reyots of the Kingdom, defponding under his Injuftice and Oppreflion, came before his Father, who was the Magiftrate, and folicited Redrefs; the Father on hearing this Account of the eternal Injuftice and perpetual Innovations of his Son, and not being able to reftrain him, departed into the Defart: The Kingdom being thus left without a Magiftrate, the ^r^;;?/;^ conftltuted Bein to the Magiftracy: This unworthy Perfon, thus becoming the Magiftrate, ifTued a Proclamation throughout his Kingdom, that no Man fliould perform the Jog-^, or the Poojeb, or any fuch Works of Piety; and that whoever executed J uftice fliould receive fevere Punilhment: Upon this Intelligence xht Brmnins went to him, and gave him many Sermons of Advice, and manyLedlures of Admonition, telling him, " that the Duty of a Magiftrate was to caufe Exercifes of Piety to be performed throughout his Kingdom; and that he who caufed any Obftru6lion or Oppoli- tion to Good Works would go to Gehennum ; and that if the Magiftrate did not proted and comfort the Reyots, it would be the Caufe of his Kingdom's De- llru(St:ion. If the Magiftrate dcferts the Exercife of Piety, Flow can it be. that ih^Reyots ftiould employ themfelves in good Ad:ions? In that Cafe, Men will take the PoflcfTions and Wives of each other. A Kingdom with an unjuft Magif- trate,, ( 43 ) trate, and a Kingdom without a Magiftrate, are fimilar to each other ; and a Kingdom where Works of Iniquity are pra6liled, and where the Pocjcb and Worlhip are not performed, fuch a Kingdom is as if it were without a Magif- trate j as for Inftance, a Man of the Chehieree Caft commits Adultery with a Woman of the Bramin Caft, and a Bramin with a Woman of the Chchteree\ and in the fameManner all theCafts unite with each other promifcuouflyi and from the Conjunction of Two different Cafts proceeds the Tribe of Burrun Swiker -, and that there fhould be a Burrun Sunker is criminal; it is better therefore to defill from thcfe impiousPraftices." 5^/;zanfwered, " ThefeyourAdmonitions are not profitable for me, neither do 1 approve of thefe Speeches •, let us fee, fmce the Tribe of Burrun Sunker is produced, what its Religion and Manners muft be; the Bramins affli<5led and difgufted departed to their own Habitations; and that oppreHive Magiflrate, fending for a Woman of the Bramin Cafl, had carnal Connexion with her, and from thence a Son was born; and in the fame Manner, from the Conjunction of Men of one Tribe with Women of a differ- ent Tribe, many Sons and manyDaughters came into Exiflence ; and from the Connexion of a Man of the Bice with a Woman of the Socder Cafb, the Child that was born, his Tribe is called Kerrum or Koit ; and from a Man of the Bramin and aWoman of the Bice Caft fprung the Tribe oi Amhujljt ov Bade, and Kundeh-beneik or Druggifts, and the Tribe of Kunkar or Artificers in Kafeh^ and Kafeh is a Mixture of Copper and Arzeez; and the Tribe of Sunkahkar or Artificers in Sunkah (or Sea Shells) and the Women wore Sunkhah upon their Hands; thefe Four Tribes were produced : And from a Man of the Cheh- •teree and a Woman of the Socder Caft fprung the Tribe ofOkeree, and the Tribe of Ilejam (Barbers) and the Tribe of Afoduck, i. e. Sellers of Candy, were de- rived; and from a Man of the Sooder and a Woman of the Chehteree Calt fprung the Tribe of Koinhehkar, i. e. Keial or Fouevs, and the Tribe oiTunierba, i. e. Weavers, and theTribe ofGbermkcir, i.e. Smiths, and theTribe of Do/}; and from a Man of the Bice and a Woman of the Chehteree Caft are derived the Tribe of Migdehy i. e. Fortune- Tellers, and the Tribe oi Kcop; and from a Man of the Bramiji, ( 44- ) Bramin and a Woman of the Boeder Caft is fprung the Tribe of Barjelec^ i. e. Berree; and from a Man of the Chehteree and a Woman of the Bram'Di Caft the Tribe of Soot and Malakar, i, e. Sellers of Flowers; and from, a Man of the Bice and a Woman of the Scoder Caft fprung the Tribe ofTazvIeek or Tiilee, and Tuwl'oolee (Panfellers.) Thefe Tribes are of the Firft Rank among the Tribes of til e Bwrun Stinker. From a Man of the Kerrun and a Woman of the Bice Caft fprung the Tribe of Tukkcb)\}b, i. e. Carpenters, and the Tribe of Rujuk, or Wafliers ; and from a Man of the Jrahupt and a Woman of the Bice Caft the Tribes of Sberrunkar, or Goldfmiths, and of Shoherun-hencik, or Soonar Bnneeah\ and from a Man of the Koop and a Woman of the Bice Caft were derived the Tribes of 'Teilkar^ i. e. Sellers of Oil, and oi Abheir\ and from a Man of \.\^^lioop and a Woman of the Soodcr Caft fprung tlie Tribe of Dheiher or Julja^ and the Tribe of Shoondruk or Soondrie; and from a Man of the Malakar and a Woman of the Sooder Caft fprung the Tribe of l^att or Dancers, and the Tribe of Sharuk; and from a Man of the Ma^deh and a Woman of the Sooder Caft arofe the Tribes o^ Seeker and Jaleik. Thefe Tribes bear the middle Rank of the Tribes of the Burrun Sunker. From a Man of the Goldfmith and a Woman of the Ambujht Caft fprung the Tribe of Mulukerrhee, and from a Man of the Shoherunheneik and aWoman of the Bade Caft fprung the Tribe of Koorooha;-2ind from a Man of the Soodsr and a Woman of the Bramin Caft was derived the Tribe of Chendal; and from a Man of the Abheir and a Woman oi x.\\(:Koop Caft fprung the Tribe of Beroor-, and from a Man of the Abheir and a Woman of the Bice Caft was propagated the Tribe ofTukkeh, and Cbermkcir, i. e. Shoemakers; and from a Man of the Rujuk and a Woman of the Bice Caft fprung the Tribe of Keht Jeibenee, i. e, the Tribe of Putnee; and from a Man of the Caft of Oil-Seller and a Woman of the Eice Caft came the Tribe of Doola-bahee j and from a Man of the Dheiber and a Woman '( 45 ) a Woman of the Sooder Cad arofc the Tribe of AluII, Thefe Tribes are of the lad Rank amono; the Tribes of the Burrun Stinker, 'O Keroor is the Name of a Bird. Keroor, having brought a Man from Shakud Deep, caft him down upon Jumboo Deep, i. e. this WorJd ; that Tribe is called Dciool i and there are Seven Dceps^ viz. Jumbco Beep, ■Pulkhoo Deep, Shoolmeloo Deep, Koojhiid Deep, KerG07ichud Desp, •Shakud Deep^ Poq/hkerud Deep, The Explanation of Deep is this : Deej> fignifies Land -, and on every Side of each Deep is the Sumooder, or Main Ocean ; and the Length and Breadth of this Deep, which is called Jumboo, is One Hundred Thoufand of Joojim, or Four Hundred Thoufand Cofi ; and the Length and Breadth of the Second Deep, is twice as much as that of this Deep -, and that of the Third Deep, Four Times as much ; and that of the Fourth, Eight Times as much ; and that of the Fifth, Sixteen Times as much ; and that of the Sixth, Thirty-two Times •as much •, and that of the Seventh, Sixty-four Times as much. And from a Man of the Deiool, and a Woman of the Bice Caft was derived the Tribe of Gung, or Aftronomers, and the Tribe of Baduk, i. e, the Tribe of Bditee, and -the Tribe of Poolund, and the Tribe oi Powukkujh, and the Tribe oi Kehjlo, and the Tribe of Jebun, and the Tribe of Shookeh, and fuch Kind of Tribes, called Miduch-; Nhluch are fuch Tribes as eat forbidden Food, and to whom per- mitted and forbidden Meats are equal : Thefe fprung from the Members of the ty tannic k Bein, M The ( 46 ) The Bramins, upon Intelligence of all this, execrating the opprefTive Magif- tratewith internal Hatred, put him to Death : When the Kingdom was thus without a Magiftrate, the Bramins rubbed his two Hands, and from his Right- Hand produced a Son, by Name Pert-hoo, armed and drefled in the Arms amd Habiliments of War, and well ikilled in the Science of War, and a Pundit in the Shcijler, and in Forni and Shape like to the 'Dezi-tah\ and from his l. eft-Hand they ralfed a Daughter, and this Daughter they married to Pert-hoo^ and railed him to the Magiftracy^ and Pcrt-hoo was very juft, and protected his Subjedls, and carefTed the peaceable, and puniilied the opprefiivc, and behaved withRefpe(5]; and Regard towards the Bramins^ and employed himfelf laudably in all fuch Kind of good Acl:ions, in confonnicy to the Shajler : Then all the People, both great and mean, v/ere employed in Works of Piety, and the Kingdom enjoyed Comfort and Tranquillity. The B-r'amins^ having exprefled their Praifes and Approbation, took their leave. Pert-hoo^ fulfilling the Offices of Fidelity and good Intention, governed the Kingdom with Juftice and Equity, but his Mind remained embarrafll'd and uneafy ; v/hcrefore he fummoned the Bramins^ and inquired of them, fiying, *■• I exercHe the Magiftracy, and protect the RcyotSy according to thL* Sbajler •, tell me therefore, What is the Caufe that my Mind is diilurbed, and why are the Rcyots of the Kingdom in Poverty r*' The Bramins anfwered, " Your F^ather carried Injuilice and Works of Iniquity to the lad Extremity; infomuch thit the Tribes of 5«rn^;z »S//«^cT originate ■fromhiin: And whereas he would liften to none of the Cautions that were given him -, from the Enormity of his Crimes, the Kingdon:i is become ripe for Dilbbedience *, -faying, " We are altogether ignorant and foclifh j what Petition can we make. ( 4« ) Tnalce in tliis Cafe ? But you, who are Pundits^ make proper Inveftlgation, and fettle accordingly." The Bramins then made known to thejuft Magiftrate, that '^ This Pcrfon will become of foundUnderftanding, and of laudable Principles i he has fpoken with great Propriety. Tliis Tribe Ihall perform the Service of thcMagiftrate, and Iliall have due Faith in the Bramins, and in the Dewtah; and of the SocdiT Cafts this Tribe fliall be the Firll in Rank." The Bramins then faid to Kerruny " Do you exercife the Profeflion of Writing and Reading; and £nd Employment in the Service of the Magiftrate." Next ftood up the Tribe of AniluJJjt, to whom was given the Shajier of Phyfick. Afterwards came Kundeh-heneik,x.Q Jiim was allotted the Occupation of Druggift. Then appeared the Tribe of Kunkur, to him it was allotted to makeVefTcls of Brafs, and Kafeb, and Copper, and all fuch Kind of Things, Next appeared the Tribe of JStmkebkar, to whom it was given to work in Sunkhu or Sea Shells. Afterwards came the Tribe of Ookeree, to ham was allotted the Occupation of War. Then !the Tribe oi Hejamy to whom Hejamut or the Profeflion of Barber was configned. Kext came the Tribe of Moduk, into his Hands was put the Preparation of Confectionary. After thofe the Tribe of Kooinhehkar, to whom was appointed the Bufinefs of making eanhen VefTels. Then came the Tribe of Tunterbuy to weave Cloth became his Occupation. Next appeared Ghermkar, the Formation of all Inftruments of Iron became his Employment. After that came the Tribe of Magdih^ to whom the Bramins faid, " Do you make War yourOccupation." They anfwercd, " W-e are not able to follow the Employment of War ; except jhis, order us whatever Occupation you choofe." The Bramins returned Anfwcr, *' You fliall then difplay the Charaders and good Qualities of the People, and fhall write the fame, and carry it about from Kingdom to Kingdom, and give Intelligence ; Defcription ftiall be your Employment." Then came the Tribe oi'Kocpy his Employment was appointed to take care ofAccompt Books. Afterwards came the Tr.be of Berree, to whom it was allotted to raife the Pdan ,cf B-ctle Pknt. Afterwards appeared the Tribe of Rujfocf, the Care of Horfes became ( 49 ) became his Employ. Next flood forth the Tribe of Malakar, to fell Flowers became his Occupation. I'hen came the Tribe of ^azvleek, to fell the Beetk-- Nut became his Employ. Afterwards appeared the Tribe of Tumhoolee^ his Occupation it became to fell the Beetle Plant. Then came the Tribe ot ^itkkehyah^ to him it was allotted to cutWood and to fplitTfmber, and to prepar" all Manner of Articles in Wood. Next came the Tribe of Rujuk, to him was appointed the Employment of Sewing Cloaihs. Then came the Tribe of SbeV' r««^^r,tohimwas given to makejewellery. Next appeared theTribs ofShool-erun- heneik^ to him was allotted the Occupation ot' Perrikhaje^ or Trial of Gold and Silver. Then came the Tribe of Teilkar^ to whom it was given to make and to fell Oil. Afterwards appeared theTribe of D/'^/i^^t, whofe Occupation it became to catch Fifh. Then the Tribe of N'atl, whole Occupation it became to dance. Afterwards the Tribe ofChendai appeared, the Occupation of feedmg Dogs and Afles was given to it; and its Habitation fliall be without theTown, and it fliall take the Cloaths of dead Perfon.% and fhall caft out the Bodies of fuch as die •without Heirs-, and whomfoever the Magiflratc orders to be put to Death, this Tribe fliall put the condemned Perfon to Death accordingly. Next came the Tribe of Chermkar^ working in Leather was appointed for its Occupation. Next came the Tribe o^ JSIujoomee^ the Jooteefe or Shajler of Aftroncmy was given to it for an Employ. Then ftood up the Tribe of Bdduk, Drum-beating, and Playing on otherMufical Inftruments, was given to it for an Occupation. Next came the Tribe of Powukkufb, to him was given the Employment of flaying wild Beafts. All this preceding Explaftaiio?i is to make manifefl the Reafon of the firfl Inftitution of the Shajter^ and the Caiife of the Superiority of one Tribe over another. The feveral Indian Words, which are adopted in this Account of the Creation, except the Appellations of the Tribes of the Eurrun Sunker^ are all explained in •the different Chapters and Sedions where they occur. N Account ( 50 ) Jlccoiint of the ^alities requijlte for a Magifirate^ and of his E7nployme?tt, PROVIDENCE created the Magiftrate for the Guardianfhip of all. The Magiftrate mufl not be confidered as a mere Man ; even in the Cafe of the Magiftrate being a Child, he muft ftill be looked upon in the Light of the Dewtah; in Truth, the Magiftrate is the B&wtah in a human Form, born in this World: The Magiftrate muft never be held low and contemptible-, if anyPerfon conceives the Magiftrate to be mean and abje^fl, fuch Perfon the Magiftrate deftroys, together with all his Effeds and Property -, and to whomfoever the Magiftrate behaves with Refped and Kindnefs, fuch Perfon's Effe6ls and Pro- perty become extenfive; and againft whomfoever he is enraged, that Perfon- diesi and whoever vilifies and abufes the Magiftrate fports with his own Life. Providence created Punifliment for the Prefervation of the Magiftracy \ if the Magiftrate infl:6ts Punifhment according to x.\\*tShafia\ his Subjects are obedient to his Commands •, if he omits to punifti according to the Shajier^ his Kingdom and his Property become ruined and defolate. For Four Months the Magiftrate ftiall not colle6l Tribute from the Sub- jects, but ftiall give them free Agency; and endeavour, by promoting their Sa- fisfaflion and Content, to caufe them to cultivate and improve their Lands: During the remainingEight Months, he ftiall colled the fettled yearlyTribute •, and fhall appoint Hircarrahs and Spies through his Kingdom, to infped what Employment each Perfon purfues, and if Tranquillity is preferved-, and when Men are guilty of Crimes, he ftiall caufe them to be feized; and, becoming as inexorable as the Kingdom of Death, ftiall infiid Punifliment on them : Such -good Works let the Magiftrate pradife; and let him addrefs the People in kind ■and aftccT:ionate Terms, that they may all be contented and thankful under him ; and ( S' ) and let him be fo formidable, that his Enemy may not be able to come into his Prefence; let him alfo be patient and forbearing, and fiipport the Burthens of all his People. The Magiftrate fhall caufe to be made for himfelf a round Chat-her, orUm- brella of the Feathers of the Bird Lut^ or of Peacocks Feathers. Whoever is of laudable Principles and acute Judgment, and of good A(5tions, and of right Opinions, and a Man of Rank, and of Courage, and a Commender of what is laudable, and with whom the Reyots are contented, and who is defcended from a Father and Anceftors, who were Counfellors to the Magiftrate, of fuch Perfons the Magiftrate fliall conftitute Seven or Eight Counfellors to himfelf. Whoever has Memory to retain what he hears, and who fpeaks fo intelli- gibly that no Doubt of his Meaning ariies in his Audience, and who is a Man of good Adions, and not of profligate Habits, and who keeps in Subjeclion his Luft, his Anger, his Avarice, his Folly, his Drunkennefs, and his Pride, and is a Man well inftnided in Science, fuch Perfon the Mjgiftrate Ihall con- ftitute his Leekhuk ov Mconjhi^ and Writer. Whoever is of laudable Principles, and very capable in all the Shajicr^ and in Bufmefs, and who can underftand the Meaning of a Nod or a Sign, and who can difcern from the Motion of the Magiftrate's Lips, or the Alpcdi; of his Countenance, the Magiftrate's Pleafure or Dilpleafure, and who is refpedtabie before all others, and who can well finifli whatever Buftnefs he goes upon, and who can retain any Speech that he hears, and who is not governed by Luft, or Anger, or Avarice, or Folly, or Drunkennefs, or Pride, and who is ac- quainted with the different Circumftances of all Kingdoms, and can diftinguifti proper from improper Seafons, and who is a Man of Strength, of Courage, and a iiue]i£ . ( 52 ) •a fluent Sj>eaker, fuch Perfon the Ma^iftrate iliall appoint his Bool, i. e. his Aoent and Ilircarrah. The Map^iilrate fliall ered a flronp; Fort in the Phice where he choofes to relide-, and ihall build aWall on all the Four Sides of theFort,withTowers and Battlements i and fliall make a full Ditch on all the Four Sides thereof, and fliall haveWater near it, that, at the Time of Neceflity, when the Water fails in all the Nulldhsy the Ditch may be completely full; and he fhali plant Trees within the Fort, and he (hall have within the Fort many Troops of Horfe and Foot to guard the fame, and great Store of Arms, and much Money, and many Things of all Kinds; and Store of Vjcftuals and Drink, and Horfes, and "Elephants, and Camels, and Cattle, and all Beads of Burthen in great Plenty; and he Ihall keep there great Stores of Hay; and ma.ny Bramins, andPainters, and Smiths, and all other Kind of Artificers ; and all Sorts ofMufical Inftruments alfo Ihall be kept within the Fort; and he Ihall caufe great Pools to be made: It is to be underftood, that there fhould be Store of all Kinds of Things laid up within the Fort, that there may never be the Complaint of a Want of anyThing. The Magiflrate fhallkeep in Subjection tohimfclf his Lufl, Anger, Ava- rice, Folly, Drunkennefs, and Pride : He who cannot keep thefe PafTions under his own Subjection, How Ihall he be able to nourifh and protect the People ? T^either fliall he be feduced by the Pleafures of the Chafe, nor be perpetually addidled to Play ; nor miuft he be always employed in dancmg, finging, and playing on Mufical Inftruments ; nor mull he fleep in the Day-time; nor Ihall he falfely accufe any Perfon ; nor fliall he always remain concealed in his private Apartments ; nor pra6life the drinking of Wine ; nor fliall he go to any Place without a Caufe ; and fliall not difpraife any Perfon without knowing his Faults ; nor fliall he caufe any Moleftation to Men of Worth ; nor fliall he put any Perfon to Death by artful and deceitful Pradlices; nor fliall he take avay ihe Property of any Perfon j nor fliall he envy another Perfon's fuperior Merit ; nor ( S3 ) tior fliall lie fay, that fuch PciTons as arc Men of CapAc'ty arc Men of no^ Capacity j nor fliall he abufe any Perfon •, and fhall not hold anyPcrlbn guilty, without the Commiflion of a Crime. To the good Man, the Magiftratc fiiall give EfTccls and Money, and Hiall content and pleafe Children, and old Men, and Men inWant, and Men who are worthy to perform Worlhip, by fpeaking kindly to them, and by giving them^ Money ; and to fuch Perfons as feek Defence from him, he fliall fliew Favour and Comfort, and fliall preferve them under the Shadov/ of his Protcdtion, and fliall not take Bribes from them ; and fiiall nourifla the Reyois of his King- dom, according to the Ordinations of the Shajler \ and fliall inflidt a prop.r Punifliment upon his Enemies \ and fliall not cherifli any Rcfentment in his Heart againd his Friends, but be of pure and clean Intentions; and in all Cafes, he fliall fpare and excufe the Bramins \ and if any Pcrfon, either his Superior or his Equal, or his Inferior in Strength, comes to make war againfl; him, in the Prefence of fuch Perfon, the Magifl:rate mufl: not fail of Courage. The Magifl:rate fliall not make war with any deceitful Machine, or with poifoned Weapons, or with Cannon and Guns, or any other Kind of Fire Arms ; nor fliall he flay in War a Perfon born an Eunuch, nor any Perfon who, putting his Hands together, fupplicates for Qiiarter, nor any Perfon v/ho has no Means of Efcape, nor any Man who is fitting down, nor any Pcrfon who fays, " I am become of your Party," nor any Man who is afleep, nor any Man who is naked, nor any Perfon who is not employed inWar, nor any Perfon who is come to fee the Battle, nor any Perfon who is fighting with another, nor any Perfon whofe Weapons are broken, nor any Perfon v/ho is wounded, nor any Per- fon who is fearful of the Fight, nor any Perfon who runs away from the Battle. If a Man hath taken in a Battle any Carriage, or Elephants, or Horfes, or Camels, or Kine, or Buffaloes, or Goats, or Sheep, or any fuch Kind of Beafts, O . or ( 5+ ) or Piidclee, or Wheat, or Barley, or Gram, or Muftard Seed, or fnch Kinds of Seed and Grain, or Umbrellas, or Cloaths, or Salt, or Sugar, he fliall become Poilcflbrof them all; and if he hath taken, as a Prize, Gold or Silver, or Jewels, or Lands, all fuch Things fliall belong to the Magiflrate. The Magiftrate, at the Time of Battle, fliall receive, from his Hircarrahs and Spies, Intelligence of the Adverfary, and of his own Party, and of what is their immediate Employment; if his Coimfellors and other Men are diflieart- ened, then, by giving them Effects and Money, or by fpeaking kindly and com- fortably to them, he fhall endeavour to raife their Spirits. The Magiftrate fhall firfl attempt with his Enemy Accommodations of Peace, and fliall not at once prepare for War-, if the Enemy does not make a Compofition, then, by difVurfing fome Money, he fliall fhew iheWay to a Recon- ciliation ; if the Enemy is difcontented with this alfo, he fhall fend to the adverfe Party a Man of Intelligence, and well fkilled in Artifice, to infinuate himfelf among the Enemy's Men, and make them diffatisfied with each other, that they may quarrel and fight among themfclves, and fo be ruined; if the Affair fails alio of being compromifed by thefe Means, he mufl then prepare for Battle. Whenever the Army and the Implements of War are abundant, and the Counfellors contented and unanimous, then let them go to the Battle. Whenever, the Counfcllors and Troops are contented, and in Spirits, and the Enemy has made biK lit:le Preparation, and the Troops and Counfellors of the Enemy are dilTatisfied, then kt them go to the Balile. When the Enemy's Preparations are formidable, and your own Prepara- tions are fcanty, tlien you mud divide your Army into Two Parts ; and, by attacking the Enemy in Two Places, you fliall obtain the Vldory. When ( 55 ) When the Enemy Is vidorious, and yourfelf defeated, Protection mii ft be fought from fuch Perfon as is of a right Judgment, and of a peaceable Difpo- fition. The Leader of the Army fliall keep a cautious Watch on all Sides ; and on whatever Side the Enemy approaches, he fhall on that Quarter go to Battle. The Magiftrate, whatever Province he fhall conquer, and annex to his own Authority, fhall pay Worfnip to the Dew tab of that Country, and fhall give much EfFedls and Money to the Bramins of that Province, and fhall fhew Re- fped and Courtefy to Men of good Anions, and Kindnefs and Clemency to the Subjedls there, and Ihall appoint whomfoever there fhall happen to be de- fcended from the fame Grandfather with the Perfjn whom he has conquered, to the Magiftracy of that Province. The Magiilrate, while there yet remains Four Ghurrees of the Night, fliall rife from Sleep, perform his Ablutions, and, in a proper Manner, pay the Pcojeh to his Deity; after which, he fhall put on a choice Drefs, and valuable Jewels; and, having firfl: performed due Obeifance, and refpedlful Salutations to the Dewtah, and to the Bramins^ fhall feat himfclf upon the Mufnud (or Throne) of the Magillracy, and difpatch the feveral Affairs of Government ; and, in every Tranfiidion, fhall ad in conformity to the Shajier. The Magiftrate fliill appoint fome one Perfon his Gomaftah or Agent in each Town ; and he fiiall conftitute a Perfon to Two Towns ; and alfo an Ihtimamdar or Superintending Agent to Three Towns; fo alio one Perfon to Five Towns ; and one Perfon to Ten Towns ; and one Perfon to Twenty Towns ; and one Perfon to One Hundred Towns ; and one Perfon Ihtimamdar to Onft Thoufand Tov/ns. If any Affair fhould happen in any Town, the Comajtab ( 56 ) €vnmfuih of that Town fliall give Intelligence thereof to \.\\t Ihlimamdar oi Two Towns ; and the Jbtmamdur of Two Towns to the Ibiimamdar of Three Towns ; and the Gomq/iab of Three Towns to the Ikiijiicandcir of Five Towns ; and the Ihtimamdar of Five Towns to the Ihtimamdar of Ten Towns \ and the Ihtimamdar of Ten Towns to the Ihtimamdar of Twenty Towns ; and the Ihtimajndar of Twenty Towns to the Lord of One Hundred Towns •, and the Lord of One Pliindrcd Towns to the Lord of One Thoufand Towns \ and the Lord of One Thoufand Towns to the Supreme Mag'flrate. The Magiflrate, in the Month of Cheyt (Part of March and April) ihall not let any Perfon drefs his Vi6luals in the Day-time; and Hi all, in different Places, caufe Wells and Pools to be digged; and fhall plaifter the Houfes of the Kingdom v/ith Clay; and lliall caft out the Heaps of Wood and Grafs from the cultivated Country to the Wafte ; and fliall caufe the Wells and Pools that are filled with Mud, and Briers, and Rubbifh, to be cleanfed ; and fliall not permit any Perfon to light a P'ire in the Day-time, except only that the Bramins fhall perform the jugg^ and the Ironmongers and Goldfmiths, and fuch Kinds of Artificers, may light a Fire in their own Work-Shops, for the Performance of their Bufinefs; but they mufl keep their Fire under the niceft Caution : And, exclufive of thofe, if any other Perfon, during the Month of Cheyt^ kindles a Fire in the Day-time, the Magiftrate fliall hold him guilty ; and he fhall be circumfpe61:, that not a fingle Sign of Sharpers, and Men of bad Principles, and fuch as cannot diflinguifli between their own Good and Lvil, and fuch as are born Eunuchs, and luch as are accnilomed to be intox- icated widi Liquor, appear in his Kingdom : If fuch as thefe appear, he Ihall expel them out of his City, lefl by Chance they fet Fire to any Perfon's Houfe. The Magiflrate, having ere(5led in his Kingdom fome Buildings of Strength and Elegance, fliall \ lace therein, with all Dignity and Refped, Ten Bramins learned ( 57 ) learned in the Beids of the Shajter, and in the Sheertee of tlie Shajler (who ar& alfo Men fl^illed in Works of Piety, and who employ themfelves in worthy Adions, and who are Men of Compaffion and Clemency, and of an exalted Family, and acquainted with all Bufinefs, and who know the Excellencies and the Blemiflies of each particular Caft) to infpedl and control the Affair^ of the Kingdom, both religious and otherwife. If he cannot place therein Ten Brcwiins, he fhall place there Seven Perfons, or Five, or Three, or Two; and whenever any Doubt arifes in the Magiftrate upon any Circumflance, he fhall apply for a Solution thereof to thofe Bramins, who, coinciding in Sentf- ments, lliall give him an Anfwer, conformably to the Shafter; according to which, the Magiftrate fhall take his Meafures. If any Concern of the Reyots fhould arife, they fliall requeft an Ordination from the Bramins; and whatever the Bramins order from the Infpedtion of the Shajier, to that the Rejois Iliall pay Obedience. The Pundit Bramins^ who are In the Magiftrate's Kingdom, fliall perform the Nui-kerm, iht Neemtuk-kerm, the Santec-kerm^ and the PooJIjtee-kermy and fuch otherWorks which are necefl"ary and proper, according to the Shajier^ for the Advantage of the Magiftrate, and of the Subjeft. Nut-kerm is the daily Performance of the Worfliip to Bewtah^ and of the Jugg^ and fuch other Works of Piety, Neemluk-kerm is the Performance of certain religious A<5ls, and of the Dan, and of the Seradeh (or Feftivals of the Dead) and fuch other Works, during the Time of the Eclipfes of the Sun and Moon. Santee-kerm is the Performance of Worftiip to the Deivtah, during the Time of a calamitous Seafon, or in a dry Year, or a Year of Famine, or when E any ( S8 ) any Pcfliknce happens in the Kingdom, for the Adverfation of fuch Misfor- tunes. PooJJjiee-kerm is the Performance of Worfhip to the Dewtah^ and of the JuggT, for the ilrengthening of the Body, and for Increafe of Wealth. The Chehteree^ the Bice.^ and the Sooder^ (hall be obedient to the Bramins', and whatever Order the Bramins fhall ifTue, conformably to the Shajier, the Magif- trate fhall take his Meafures accordingly. The Magiftrate, with all poIHble Circumfpedion, Iliall nouriih the Four Ifriim-y an Account of the Four Jfrum will be given in the Chapter of Jujiice. Whoever hath forfaken the Principles of his own Caft, the Magiftrate fhall caufe him to return to the Duiies of that Caftj if he will not return, he fhall oblige him by Menaces. In whatever Magiftrate's Kingdom the Bramins are unable to procure Food and Cloaths, that Kingdom becomes defolate; in fuch Cafe, the Magiftrate fhall moft certainly appoint them Subfiftence and Cloathing. Whomsoever the Magiftrate fliall retain as a Servant, he (hall appoint him a Stipend proportion ably to his Occupation, that he may not be reduced to Necefiity and Diftrefs. The Magiftrate fhall keep the High-Road open and plain, that Men and Cattle may have fufficient Room to pafs and repafs; and fhall place in fome retired Situation his Store-Houfes, and Elephant Stalls, and Armories, and Stables, and Barracks for the Soldiers. The ( 59 ) The Magiftrate fhall keep many intelligent Phyficians, and Magicians (of Men who cure by Spells) and Surgeons, i. e. Men fl<;Illed in Operations of Surgery, and In applying Plaifters; and he fhall keep great Qiiantltles of Medi- cines, and of Oils of all Kinds in the Phyfick Shop; and fliall retain in his Ser- vice a great Number of Buffoons, or Parafites, and Jeflers, and Dancers, and Athleticks ; and he fhall render all his Servants, both Counfellors and other tendants, contented and grateful. If the Magiftrate cannot punifli Robbers and Night Murderers, and is unable, by apprehending the Thief, to reftore Effedts ftolen from any Perfon, then he lliall give to that Perfon, from his own Store-Houfes, the Value of the Thing fo flolen. Such Things as are not proper for him to take, he fhall not take on any Pretence; and of fuch Things as are right and proper for him to take, even although they are exceedingly minute, he fhall not forego his Claim : And he fliall efleem the Subjedls in the Light of his own Children. And if any Calamity fliould happen to the Magiftrate, yet he muft not be terrified, nor remain afilided, even during the Calamity. Alfo he muft be eafy and tranquil ; but muft not take any Diverfions. The Magiftrate fhall not be impatient and angry at hearing any Subjefl's Complaints ; and if any Perfon, not having gained his Caufe, fpeaks abufively to the Magiftrate, even then he fliall not be enraged againft that Perfon, but fliall forgive his Error. Upon performing the Jugg and Poojch, and other pious Ceremonies, he fliall give to the Bra7nms the Duchneh, i. e. tlie Wages for the Performance of the Jiigg and Poojehy and fliall not require ought from any Perfon. The ( 6o ) The Magiftrate fhall take all prudential Meafures in his own Kingdom, that no Pcrfon commit Adultery with another Perfon's Wife, and that no Pcrfon have Power to commit any Violence to another. And every Magiftrate v/ho caufes the guilty to be puniilied is commendable. The Magiftrate lliall colleft from the People the neceflary Tribute; and fliall never commit Injuftice; and ftiall liften upon all Affairs to fuch Men as are poflefTed of an acute Judgment, and who are very expert in all Affairs. If a Plunderer fliould attack the Magiftrate's Kingdom, and grievoufly moleft the People, the Magiftrate fliall moft furely punifli him; if he does not, he is unworthy of the Magiftracy. And a Magiftrate, who, without protefling and taking care of the Subjedls, colleds the accuftomed Tribute from diem, will go to HelL The Magiftrate fliall keep fuch a guard upon himfelf, that his Foibles may never be difcovered; and, by fending Hircarrahs and Spies, he fliall inform himfelf of the Faults of others. If a Biirruty i. e. a Religious Foundation, hath been appointed to any Bramifiy or other Pcrfon, being a ftipulated Sum for the Performance of Poojeh to the Dewtahy the Magiftrate has no Power to refume the DorKition. Who- ever refumes the eftabliflied Burrut of a Bramin and the Dewtah^ or of any other Perfon, will remain in Hell One Thoufand Years. Im a Kingdom,where Men of Rank eat in the Houfes of Proftitutes, or have carnal Connexion with Proftitutes, or pradife the drinking of Wine, fuch Kingdom becomes defolate ; therefore it is the Duty of the M3£iftrate to^ appoint Perfons to prohibit fuch Pradices,. { <5i ) If a Maglftrate, not diilinguifliing between good and bad Men, takes Fines, in contradiftion to the Sbq/ier, his Kingdom becomes dclblate. If a Thief, or any other Perfon within the Obfervation of the Magiftrate, and of the Magiftrate's Counfellors, fhould caufe any Moleftation to the Peo- ple, and the Magiftrate and his Counfellors fhould not punifh the Offender, fuch Magiftrate and Counfellors, during their Life-time, are like dead Peribns. The Magiftrate, at what Time he is defirous to confult with his Counfel- lors, fliall choofe a retired Place, on theTop of the Houfc, or on the Top of a Mountain, or in the Defart, or fome fuch fecret Recefs, and fhall hold his Council there ; and in Places where there are Parrots, or other talkative Birds, he lliall not hold his Council while they are prefent. The Magiftrate ftiall not take Counfel of a weak old Man, or of aWoman, or of a Perfon unacquainted with Works of Piety. If any Perfon, exclufive cf the Magiftrate's Counfellors, is acquainted with the Defigns of the Magif- trate, his Magiftracy is not of a long Duration. Q TRANSLATION TRANSLATION O F A PooTEE, or Compilation, O F T H E ORDINATIONS OF THE PUNDITS. C H A p. I. Of Leiiding and Borroimng^ Men are permitted to lend Money, but they fliould not lend to Women, Children, or Servants •, and whenever they lend, it ITiall be upon the Credit of a Pledge, a Security, a Bond, or Witnefles, whichever of the Four is mofl ro' their Satisfaction, and not otherwife-, the Pledge and Security are to anfwer the Payment of the Debt, the Bond and WitnefTes to prove its Validity. SECT. Sea. I. Oflntereft. Sccfl. II. Of Pledges. Sed. III. Of Securities. Scfl. IV. Of Difcharging Debts to vvhomfoever due. Se(5t. V. Of the Methods of Recovering Debts. SECT. L 0/ hitereji. If ?. Loan be granted upon a Pledge to a Man of the Bramm Caft, the Monthly Intereft fliall be One Part in Eighty upon the Prinripal; at this -Rate, if the Principal be Eighty Rupees, the Intereft fhall be One Rupee ^^r Month. If a Loan be granted upon Security to a Bramin^ Firfb, One Part in Eighty upon the Principal is allowed, that is to fay, One Rupee, and alfo One Eighth of One Eightieth of the Principal, which upon Eighty Rupees amounts to Two Arnas; thefe Two Sums are to be added together for the Monthly Intereft, fo that, upon a Principal Debt of Eighty Rupees, the whole Intereft at this Rate is Two Rupees Two Annas per Month. If a Loan be granted to a Bramin wiihout Pledge or Security, the Monthly Intereft Ihall be Two fer Cent, If ( 3 ) If a Loan be granted to a Man of the Chehteree Cafl, in that Cafe, where a Bramin pays Intereft One Rupee, the Chehteree fhall pay One Rupee Eight Annas-, where the Bramin is charged One Rupee Two Annas, his Intereft fhall be One Rupee Eleven Annas-, and in the place of Two Rupees, the Chehteree fhall give Three. If a Loan be granted to a Man of the Bice Cafl, he fhall be charged double the Intercfl of a Bramin, If a Loan be granted to a Man of the Sooder Caft, in that Cafe, where the Bramin pays Interefl One Rupee, the Sooder fhall pay Two Rupees Eight Annas J in the place of One Rupee Two Annas, he fhall give Two Rupees Thirteen Annas ^ and inftead of Two Rupees, he fhall be charged Five. It is allowed the Tribe of Bice to charge Intereft, at the Rates herein al- ready fpecified, inTimes either of publick Calamity, or of publick Profpcrity. Also it is allowed the Bramin^ the Chehteree^ and the Seeder^ in Times of Calamity, to demand the above Intereft. But in Times of Profperity, it is criminal in the Bramin, the Chehteree, and the Sooder, to charge Intereft at thefe Rates. RxplanatiQ7i of the various Denomi?iatlons of LitcreJ!^ 'which are of Six Sorts » TKE.Firft is Kau-ee hau, fo called, when Money is lent upon a ftipulated Intereft, with Agreement to be paid yearly. R The ( 4 ) The Second is Kau-leekaUj fo called, when, according to the Rate of the Agreement, Intereft is to be paid monthly. The Third is Chickerberdeheey fo called, when, upon a Debtor's Inability to- pay the Intereft upon his original Debt, the Principal and Arrears of Intereft are added together, and Intereft commences upon the aggregate Sum. The Fourth is Cortee-au, fo called, when, in Times of Calamity, the Bor- rower voluntarily agrees to advance the Rate of Intereft, which he muft pay* accordingly. The Fifth is Seekhauherdehee^ fo called, when, according to the Rate of the Agreement, Intereft is to be paid daily. The Sixth is Bhook Lahheh^ fo called, when a Creditor receives a Profit upon any Thing delivered over to him as a Pledge; as for Inftance, when a Man pledges with another any domeftick Animals, asKine, Buffaloes, Goats, Horfes, Camels, Elephants, ^c. or Fruit Trees, as Mango Trees, Jacks, Cocoa Trees, Beetle, i^c. or Houfes, or tilled Land, or Womens Ornaments, or Pots, or Cloaths, or Mats, Carpets, ^c. if they be applied to life, and it be agreed, between thofe Two, that the Produce, orUfufrud of the Pledge, ftiall apper- tain to i\\t Creditors, in lieu of Intereft. In Times of publick Calamity, either of the Four Tribes of Bramin^ Cheh'- teree^ Sooder\ or Bice, may receive Intereft, at the Rate of One Part in Eighty,, being One Rupee (as hath already been herein explained in a feparate Article) by either of the Three Modes of Km-ee kau, Kau-Iee-kau, and Chickerberdekee. Either ( 5 ) Either In profperons or calamitous Times, it is criminal for either of thefs Four Cafts, except only the Bice, to exa6l Interefl, by either of the Three Methods of Cortee-au, Seekbauberdehee, or Bhook Labheh, It is lawful for the Tribe oi Bice to receive Interefl: by either of the Three Modes of Coriee-au, Seekhauberdehee, and Bhook Labheh, in Times of Calamity, but in a profperous Seafon criminal. If a Creditor hath received no Interefl upon his Money for Fifty Months, and if flill a longer Time fiiould elapfe, yet the Arrears of Interefl fhall rife no higher than to double the Principal ^ and the Four Modes of Cortee-au^ Kau-ee-kau, Kau-lee-kau, and Chickerberdehee, may be applied to colledl the In-» terefl upon this double Principal. If Interefl:, by the Two Modes of Seekhauberdehee and Bhook Labheh^ hath been paid for a very confiderable Time, yet there fhall be no Releafe from it,, until the Principal Debt be difcharged. t Neither of the Three Tribes, Bramin, Chekeree, or Sooder. but only the £ice, fhall receive Interefl by thefe Six Methods in Tim^es of Profperity. There is a Tribe, denominated Biirrun Stinker, compofed of fuch whofe Father and Mother, being of Two different Tribes, have begotten Children;: if a Man of this Caft fhould borrow Money, he fhall pay One Part in Sixteen upon the Principal j at this Rate, the Interefl upon One Rupee is One Anna. If a Creditor, by violent Means, caufes his Debtor to agree to an increafed Rate of Interefl:, the Agreement fliall not be valid. If. ( 6 ) If a Man borrows Money without a Pledge given, the Son of his Grandfon iliall not pay the Debt. If a Man borrows Money upon a depofited Pledge, the Son of his Grandfon muft difcharge the Debt. If a Man borrows Money without ftipulated Interefl:, and upon the Demand of his Creditor goes abroad, without fufiicient Reafon, and a Call of Eufinefs, or lurks fecretly in his own Houfe, fraudulently contriving Means to delay and to refufe Payment, in that Cafe, after Three Months, Intereft upon the Debt fliall commence from the Beginning of the Fourth Month j but if the Debtor goes abroad upon real and neceffary Occafions, he fhall pay Intereit, after the Expiration of One Year. If a Man borrows Jewels, Pearls, Coral, Silver, Gold, Cotton, or Cloaths made of Silk or of Goats Hair, and any confiderable Time elapfe without Repayment, yet fliall the Intereft upon fuch a Debt arife no higher than to double the Principal. If a Man, having purchafed Goods upon Credit, fraudulently goes abroad without Payment, or conceals himfelf in his own Houfe, and, by prevaricating Excufes and Delays, continues to with-hold the Purchafe-Money, in that Cafe, after Six Months are elapfed, Interefl. fliall be accounted due from the Beginning of the Seventh; if the Purchafer is called abroad by his necefl"ary Bufmefs, he fl:iall pay Intereft, after the Expiration of One Year. Tf a Man hath committed ought to the Charge of another, who, on Appli- cation for the Return of the Trufb, fraudulently abfconds on a Journey, or if .he leaves not his own Houfe, but by Excufes and Prevarications detains the Charge ( 7 ) Charge in his own PofTenion, in that Cafe, if Six Monihs elapfe from the Time of fiich Application, he fliall be charged Int^reit from the Beginning of the SeventJ[i. Suppose a Man to borrow a Quantity of the Grain, called Sh'dke [orPaddcc) upon this Agreement, that, at the Time of the Paddec Harvefb, he will make an equitable and equivalent Return, in that Cafe, if, at the Time of Payment, Grain be fomcthing cheaper than when it was borrowed, he fliall pay double the Quantity; if it be much fallen in Price, he (hall pay Three Times as much; if it be ftill cheaper. Four-fold; and if its Value be exceedingly reduced, he Hiall return Five Times the Qiiantity lent him, and this Fifth Increafe he fhall never be obliged to exceed ; if the Price, at the Time of Re- payment be rifen, v/ith refped; to the Time of borrowing, the Bra?nin fnall pay for Intereft Two in One Hundred Parts, the Chebleree Thret^ in One Hundred Parts, the Bice double of the Bramin^ and the Sooder Five Parts in One Hundred. If a Man borrows Cocoa-Nut Oil, or any fpirituous Liquors, or Ghee^ and returns it not in Fifty Months, he Hiall then repay Eight Times the original Qiiantity. If a Man borrows Milk, Woollen Cloth, Pcrpets, Sbaz:;ls, or Tapeftry, and Carpets made of any Hair but that of Sheep, and returns it not in Fifty Months, he Ihall then repay Five Times the original Qiiantiiy. If any Man borrows any Kind of Cloths (but thofe made of Silk) Iron, Copper, Talc, Brafs, White Copper, Pewrer, Tin, and Metals of this Kind, except Gold and Silver, and returns them not in Fifty Months, he fliall thei^ repay Three Times as much. It ( 8 ) If a Man borrows any Kind of Grain, except Paddee, as Wheat, Small Gnwij Barley, and fuch Kinds of Grain, or Lentils, Gram, Miiftard Seed, or Kunjud^ and fuch other Produce of Tillage, and returns it not in Fifty Months, tie fnaii repay it Four-fold, If a Man borrows Green Herbs, fuch as Cabbage, Lettuce, ^c. and repays diem not in Fifty Months, he fiiall repay them Five-fold. If a Man borrows Sugar Canes, and returns them not in Fifty Months, lie Ihall then repay Six Times the Qiiantity. If a Man borrows the Juice of the Sugar Cane, the better Sorts of Flow- ers, or of Fruits, Ginger, Radifhes, Potatoes, or Yam, or any other of thofe Herbs whofe Root is in common Ufe, whatever Quantity he borrowed, he ihall return Three Times as much. If dried Grafs, Fuel Wood, Bricks, or Leaves, or Things made of Leather, or Bone, or Scimitars, Spears, Daggers, Mufkets, and this Kind of warlike Inftruments, or dried Flowers, or Fruits of the worft Species, be borrowed, and not repaid in Fifty Months, yet no Intereft is to be given on themj but if it be originally flipulated, it (hall be paid. If a Man fells Goods without receiving immediate Payment, and, upon Demand made for the Money, the Purchafer puts him off with frivilous Delays, either (laying at his own Houfe, or going abroad, without fufficient Reafon, Intereft (hall commence upon the Debt from the Beginning of the Fourth Month. If I ( 9 ) If a hired Servant hath been a long Time without receiving his Wages, yei. he Ihall not demand Intereit upon them, unlefs it be originally fo flipulated. If a Man hath agreed to pay another a certain Fine on any Account, and a long Time elapfe without Payment, he Ihall not give latereft, unlefs it be Parr of the original Agreement. If a Man hath prefented another with any Thing in the way of Friendfliip, which Prefent the Accepter neither takes to his own Houfe at the Time it is given, nor doth the Donor fend it to him, yet fliall no Intereft be paid upon the Gift thus with-held, unlefs by a prior Agreement. If a Man hath given another any Thing by way of Recompenfe, which, after being accepted by the Perfon to whom it is offered, is yet detained at the Donor's Houfe, and not delivered on Demand, Intereft fl:all be paid upon its Value. If a Man, in a friendly Manner, hath applied to his own Ufe any Thing of the feparate Property of his Wife, on returning it, he Ihall give an Intereft, too-ether with the Principal ; and if a Man, by forcible Means, hath taken ought belonging to his Wife, and doth not pay her both Principal and Intereft, the Magiftrate of the Time ftiall oblige him to pay Intereft and Principal, and (liall alfo fine him. If a Man hath expended, on friendly Terms, any of his Wife's Property, and dies before he makes it good, his Son (liall pay the Principal fo borrowed, but without Intereft. If ( 10 ) Tf a M;in offers to difcharge a Debt, and the Creditor will not accept Pay-« ment, he iliall not pay Intereft upon the Debt, after fuch an Offer, unlefs it be previoLifly ftipulated. > If a M;in, who has agreed to difburfe a certain Sum for the Expences of a Marriage, or a Marriage Portion, pays it not for a confiderable Time, he fhall not pay Intereft upon that Sum, unlefs according to previous Agreement. If a Man hath depofucd a Pledge, and the Creditor poffefling fuch Pledge applies it to his own Ufes, or breaks it, or it be ftolen from his Houfe, in that Ca!e, he Ihall not pay Intereft upon it, unlefs by Agreement. If a Man depofits a Pledge with another, and no Agreement be made that the Creditor fhall make ufe of the Pledge, in that Cafe, fuppofing the Pledgee to apply to Ufe the Goods fo pledged, he ftiall pay half Intereft, according to the Rates herein already fpecified. If a Pledge, depofited in a Creditor's Hands, be fpoiled, loft, or broken by an unforefeen Accident, in that Cafe, the Creditor ftiall ftill recover both Principal and Intereft of his Debt ; but the Debtor fliall not receive the Value of his Pledge. A Mam may lend Money to another of the fame Tribe, to his Relations^ or particular Friends, upon a Pledge only, but from all others, he ftiould demand a Bond and Security. If a Man lends Gold to another, he fliall appoint a fixed Day of Payment to his own Satisfaftion ; if he cannot fix a Day to his Mind, he may om.it it. If ( li ) If a Man borrows Paddee, Wheat, Barley, Gram, Small Gram, Lentils, or Doll, or Muftard-Seed of the Species of Grain and Pulfe, or Salt of v/hatever Sort it may be, or Honey, Sugar, Sugar-Candy of the Species of Sweets, or round Pepper, or Peepul, dried Ginger, Kureelah, or Inderjb of the Species of Warm Bitters, or Tamarinds, or four i lumbs, or Lemons of the Species of Acids, or Hurreh, Beheerreh, and Oulah of the Species of Jffus, he Ihall furely fix a Day of Payment. When feveral Men are Creditors to the fame Debtor, they fhall make a a Sort of Common Stock of their Debts, and receive their refpeflive Shares of each Payment; if any Creditor refufes to accede to this Agreement, he fhall lofe his Share of the Intereft. If a Man hath fold Rice or Wheat for fowing of the Species of Grain, or Muftard Seed, or Kiinjud of the Species of Seed, or the Seeds of Cotton, or Kiireelahy or Pumpkin of the Species of I'erkarree, or the Seed of the Water Melon, or Cucumber of this Species, and they do not fpring up from the Ground, but the Spot fliould become waile, the Vender of the Seed fliall malce good the Crop. SEC T. IL Of Pledges. Ira Man, with whom a Pledge is depofited, fl;iould apply to his own Ufe the Things fo pledged, and by that Means fpoil it, he fliall pay the Value of it to the Depofitor, or procure another of the fame Kind, T Tf ( 12 ) If a Man, who hath pledged ought to another for a Debt, offers to pay the Money, and demands his Pledge, which the Creditor fraudulently with-holds, in that Cafe, the Magiftrate fhall exaft a Fine from the Creditor, caufe the Pledge to be reflored to the right Owner, and the Debt to be forthwith dif- jcharged. ,Jf a Perfon mortgages to another fuch a Qiiantity of Land as will ferve for tlie Subfiltence of One Man, for One Year, and afterwards mortgages the fame Land to a Second Mortgagee, he fliall be punifhed with Death; or if his Life be fpared, he fliall be fined One Hundred Afhmfees', and if the Criminal be a Bramin (which Tribe is exempt from capital Punilhment) he ihall flill pay the Fine of One Hundred Ajhrufees. If a Man mortgages a Qiiantity of Land lefs than will fufEce to maintain a Man One Yer.r, and afterwards engages the fame Ground to a Second Mort- gagee, the Magiftrate Ihall fine him Sixteen AJbrufees, If a Man hath depofited a Pledge with another, and fuffers it to lie a con- fiderabie Time unredeemed, yet the Creditor fhall not apply the Depofit to his own Ufe, or fell it, or fpoil it, or plet^ge it as his own to another Perfon; if he afts in contradidion to this, he (hall be obliged to make good the Pledge. If a Man, having pledged any Thing to one Perfon, fraudulently contrives to engage the fame Article as a Pledge to a Second, the Firft Engagement fhall be confidcred valid, and not the Second; but yet the Second Creditor fhall receive both Principal and Intercft of his Money; and he who thus tranfgreflls the La>vs of Juftice iliall be punillied as a Robber. If ( '3 ) If a Man pledges the fame Article witii Two Ferfons, and it be not knowa which Tranfadion was prior in Date, then, whichever of the Creditors, with, out Moleftation of the otlier Pledgee, attaches the Pledge, it fliall be accounted valid, with refped to hinii if a Difpute arifes, the Two Creditors fliall have equal Shares in the Depofite. If any Tranfadlion between Two People pafs before Witnefles only, and a Third Perfon produces a Vv^ritten Inftrument of the fame Tranfaftion, attefted alfo by Witnefles, the Writing thus witneffed fhall be accounted valid. If a Man pledges ought to another without a written Agreement, and after- wards depofites the fame Pledge with a Second Perfon, adding a regular written Inftrumenr, to teftify the Validity of this Second Pledge, in that Cafe, the Second Engagement Ihall fland good, and the Borrower fhall return back the Money lent him by the Firfl Creditor. If a Man mortgages to another a certain Quantity of Land, and the Mort- gagee, by forcible Means, appropriates to his own Ufe a larger Space of Ground than is fpecified in the Agreement, in that Cafe, the Magiflrate, without cauf- ing the Debt to be difcharged, fhall rellore the mortgaged Ground to the right Owner, and hold the Mortgagee criminal. SECT. ( «4 ) SECT. III. Of Security. m% III - TPi % J There are Four Sorts of Security, Fitjf, Wniu aMan,defirous to borrow Money, is refufedjby thePerfon whom he addrefTes, from a Want of Confidence in his Ability to repay it, if in the mean Time a Third Perfon fliould advife the refufing Party to lend the Money, and fhould promife, that, if theDebtor abfconds upon the Day of Pay- ment, he will caufe him to appear, he, who by fuch Advice caufes the Money to be lent, engages himfelf in a Kind of Security; and if he cannot produce the Borrower, when Payment becomes due, he m.uft difcharge the Debt, both Principal and Intercft : If he dies, his Son fliall not make good the Loan. Secondly, When a Man, who is requefled to lend Money, doubts the Chara(5ler of the Borrower, and enquires it of a Third Perfon, if this Man fhould anfwer to the others Character, and affirm, that to his own Knowledge he is worthy to be trufled, by thus inclining the Party to lend the Money, he is to be conRdercd as a Kind of Security; and v^-hoever, by giving a good Charaflcr to a bad Man, enables him to borrow Money, and this Circumftarree can be proved, the Rccommender fhall be obliged to make good both Princi- pal and Interefl of the Debt^ but if he dies, his Son is not anfwerable for tha Monty. ^'brrMy^WuEHi aMan,defirous to borrowlvroney,is refured,becaufe thePerfon of ■vs'hom he requefts it has no Opinion of his Credit, if a Third Man fhould fay, " Lend ( '5 ) *' Lend him what he defires, and I will be anfvverable for it," this alfo is a Kind of Security; and if the Borrower refufes Payment, the Security mufl: dif- charge both Principal and Intereil of the Debt; alfo if he dies, his Son fhall make good the Principal, Fourthly^ When a Man, defirous to borrow any Thing for a Time, pro- mifing to return it as foon as the Bufmefs for which it is wanted fhall be finiflied, is refufed the Ufe of it, if another Perfon lliould advife the Poflcflbr of the Thing required to lend it, and fhould promife, that he will take care to fee it returned, this alfo is a Mode of Security ; and if the Borrower returns not the Article lent him, the Security fhall make it good, with Interefb upon its Value: Alfo if he dies, his Son Ihall be anfwerabie for the Principal. If a Debtor, on the Day agreed for difcharging of his Debt, fliould be unable to appear, eitlier from fome natural or publick Calamity, or from a ncceflary Attendance on a Court of Jullice, it is not to be accounted a Fault in the Man who became Security for him; but when the Debtor's Caufe of Delay is re- moved, the Security muft then procure his Appearance, or, upon Failure, m.uft himfelf be anfwerabie for the Caufe in Difpute. If a Man dies, who, having depofited a Pledge, is become perfonal Security for another, his Son fhall difcharge the Principal of the Debt. If a Man who is Security for another fhould die, his Grandfon and Great- Grandlbn are not anfwerabie. If feveral Men become Securities for a Debtor who fails to difcharge his Debts, all the Securities fhall pay the Money in equa! Shares. U If, ( i6 ) Jf, at the Time of lending Money, the Lender Iliould fay to the Securities, " Here are fcveral of you engaged, but I expedl, that any One of you,whom I may happen to find when Payment becomes due, Ihall difcharge the Debt," if filfo the Securities aflVnt to this Stipulation, then, Ihould the Borrower fail in l^.is Engagements, the Creditor (hall exadl Payment of any One of the Securi- ties whom he can firft find, according to Agreement. Ira Debtor fhould be abfent, and the Security is defirous to bring him to Appearance, the Creditor fliall fettle with the Security a reafonable Time for his Departure and Return, and fhall permit him to go in quell of the Debtor. If a Security has not abfolutely the Means to pay a Sum for which he bound himfelf, and the Creditor commences a Suit againft him in a Court of Juftice, the Magifbrate of the Time fhall appoint him to pay the Debt, by In- ftalments, according to his Ability, and Ihall not be too harlli and fevere upon him ; neither fliall the Creditor be permitted to treat him with unreafonable Rigour, in the Exadiion of his Claim. If a Creditor of his own Head be extremely hard and fevere upon a Secu- rity, whatever Money he hath by this Method extorted, after the Space of One Month and an Half, the Judge Ihall caufe him to return double of that Sum to the Security-, and if it be within the Space of One Month and an Half, whatever Sum he hath received, the Judge fliall caufe him to return the l:ke Sum to the Security. (According to Chendeefur.) If a Security, unable to anfwer the harfli and importunate Demands of a Creditor, fiiould give him ought, by way of Bribe, to fatisfy him for the prefents ( "7 ) prefent, and then complain to a Court of Juftice, if this Complaint be after One Month and an Half, the Judge fhall caufe the Creditor to give double of that Bribe to the Complainant; if the Complaint be laid within the Space of One Month and an Half, the Judge fhall caufe the Creditor to pay him a Sum equal to the Bribe. (According to Gerbeifur.) A Man, who is unable to pay hisDebts, and the Fines of a Court of Juftice, fhall not be taken as a Security. A Man fhall not accept, as Security, a Perfon totally unknown to him,, his own Mafter, an Enemy, a Prifoner, a very old Man, a Partner living in the fame Family, a Friend^ or a Pupil. SECT. IV. 0/ Difcharging Debts to whomfoever due. If aMan pays his Grandfather's Debts, he fhall not be charged Intereft upon them. If a Man lends Money upon a pofitlve Stipulation to be paid on a certain Day, and the Borrower alfo affents to this Reftriclion, the Money mril abfolutely be repaid accordingly. If a Man lends Money with a Stipulation to be paid upon Demand, and the Borrower confents to take it upon this Reftridion, he jQiall accordingly pay it when demanded* Is ( i8 ) If a Man dies in Debt, his Sons fliall contribute their refpeflive Shares to, difcharf3;e his Obligations. 'to- If a Man dies in Debt, his Grandchildren fhall refpedively contribute to pay the Money. If a Man dies in Debt, his Great-Grandchildren fhall not pay the Money. If a Man in Debt renounces the World, and becomes Fakeer^ his Sons and Grandchildren fliall difcharge his Obligations. A Great-Grandfather's Debts are not obligatory upon the Great- Grandfon^ but if it be his own Choice, the Great-Grandfon may pay them. If a Man in Debt leaves his own Country, after he hath been abfent Twenty Years, his Son fhall pay his Debts-, alio a Grandfon fhall difcharge the Debts of his Grandfather, after Twenty Years Abfence-, likewife, within the Space of Twenty Years, the Son and Grandfon may difcharge the Debts of their Father and Grandfather, if they choofe it; but the Creditor fhall not, before the Expiration of Twenty Years, have Power to compel them. If a Man dies, who hath depofited, as Pledges for Money borrowed. Fruit Trees, tilled Land, Houfes, Kine, Buffidoes, Goats, Horfes, Elephants, and fuch Kinds of ufeful Animals, or Pots, Cloaths, Mats, and fuch Things as have been already fpecified, to produce an Intereft for a Debt, his Great- Gr.andfon fhall difcharge that Debt. If { »9 ) If a Man in Debt be abfent from Home, and there be no Expe6lations that he will ever return, his Son and Grandfon Ihall pay his Debts within Twenty Years. If a Man in Debt be fick, beyond all Hopes of Recovery, the Son, in that Cafe, fhall pay his Father's Debts. If a Man be blind from his Cradle, or an Idiot, or be overcome by the Infirmities of i\ge, or be afflided with a Confumptive Spitting of Blood and Phleo-m, or with a Leprofy, and lives in his Son's Family, that Son fhall dif- charge his Father's Debts-, but if he lives apart from his Son, and contradls Debts, he fhall himfelf difcharge them-, and the Son has no Connexion with them. If a Man lends Money upon the Security of Two People, with Agreement that either of them whom he may happen to find, when Payment is due, fhall be anfwerable for the Debt, in that Cafe, if One of the Securities fhould die, and leave no Children, and the other Security be abfent from Home, the Son of the Abfentce fhall pay the Money-, if both the Securities die, whichever of them leaves Children, the Son fhall pay his Father's Share of the Obligation. Before the DifTolution of a Partnerfliip, if One of the Parties, being in Debt, leaves his Country, or dies, in that Cafe, whichever of the Partners be found upon the Spot fliall difcharge the Debt. Upon the Abfence of a Mafler of a Family from Home, whether Abroad or in his own Country, if his Servant borrows Money for the immediate Sup- port of his Mailer's Family and Dependants, the Mafler, on his Return, muft be anfwerable for the Debt. X If ( 20 ) If a Man dies in Debt, and his Son and Grandfon, at the Time of his Death, be very young, and incapable of managing their own Affairs, they fhall not pay his Debts, until they arrive at Years of Difcretion, and then they fhali difcharge them, according to their Ability. A Father fhalf not be compelled to pay his Son's Debts, but if he choofes it, from any Impulfe of paternal Affeftion, he is permitted j but if a Father offers to be Security to a Man who has refufed to lend Money to the Son, in that Cafe, the Father is obliged to pay what the Son borrows. If a Man had bsen defirous to make a Prefent to another, without any fufficient Caufe, and dies, leaving his Intention unfulfilled, his Son Ihall not give it. If a Man had been defirous to make a Prefent to another, upon a proper and fufficient Caufe, and dies in the mean Time, the Son fhall fulfil his Father's Intentions. If a Man dies, having incurred Debts by Gaming, or drinking Spirituous Liquors, his Son fhall not difcharge them: (This Law is calculated for thofe Perfons in whom Gaming, and the Ufe of Spirituous Liquors, is not account- ed a moral Offence.) If a Man who owed a Fine to a Court of Juftice fhould die, leaving Part of the Fine unpaid, his Son fhall not pay that Part; alfo if no Part of the Fine was paid in the Man's Life-time, his Son fhall not be anfwerable for it in any rcfped. ( 21 ) r T? a Man, by the Impulfe of Lufl, had promifed any Prefcnt, and flijuld die without fulfilling the Promife, his Son fliall not give it. If a Man, through the Impulfe of Enmity, had agreed to give away any Thing, and dies without fulfilling the Agreement, his Son fhall not give it. If a Woman, in Times of Calamity, or for the immediate Support of her Houfliold, Relations, aad Servants, fliould borrow Money, her Hufband and' Son mull difcharge the Debtj but if fhe contracts Debts on any other Account, her Hufband and Son Ihall not pay them. If the Wife of a Man of the Caft of Potters, or of Wafhers, or of Cow- Herds, or Dancers, or Hunters, contrads a Debt, her Hufband and Sons are anfwerable for it; alfo if a Man, or his Son, among thofe Tribes, contracts Debts, the Wife muft pay them. If a Woman borrows Money v/ith the Confent of her Hufband and Son, the Hufband and Son fliall repay it. If a Man, at the Point of Death, defires his Wife to difcharge his Debts, tiien, if flie inherits her Hufband's Property and Pofi!ellions, fhe fliall pay them accordingly. If a Man dies in Debt, whoever happens to be his Heir fliall difcharge thofe Debts, but without Intcreft. If a jBmw/wdieschildlefs, whichever of hisKindred becomes his Heir, he fliall difcharge his Debts; if he has no Relations, the Bramim of the fame Vjllage where the childlefs Bramin rtfided fliall adminifler to his Efl:a:e, and pay his Debts }. t 22 ) Debts J if no other Bramins inhabit that Part, the Magiftrate fhall p?.y the childlefs Bramiri's, Debts from the Amount of his Effe6ls, and Ihall cafl the Overplus into the Water. If a Chehteree dies childlefs, and hath no Relations, or Kindred, the Magif- trate Ihall take Adminiftration of his Effedls, pay from the Amount the Debts of the Deceafcd, and keep the Overplus. SECT. V. Of the Methods of Recovering Debts. If a Creditor, on the Day appointed for Payment, demands his Money of the Debtor who refufes to difcharge the Debt, firft, he fhall fpeak to the Friends and Relations of the Debtor, and procure them to demand Pay- ment i next, he lliall go in Perfon, and importune for his Money, and flay fome Time at the Debtor's Houfe, but without eating or drinking; if thefe Means fall, he fhall carry the Debtor Home with him, and, having feated him before Men of Charader and Reputation, fhall there detain himj if even this Method fhould noc fucceed, he fliall endeavour, by feigned Pretences, to get hold of fome cf his Goods; or if any Pledge was depofited with him on knding the Money, he fhall carry the Goods fo pledged to the Magiitrate, who fliall caufe the Depofite to be fold, and pay the Creditor his Debt, with Inrerefl, from the Amount of the Sale; if he cannot, by evafive Means, diflrain the Debtor's Goods, and alfo if no Pledge be in his PofTeffion, he fhall then feize and con- fine the Debtor's Wife, Children, Cattle, Buffaloes, Horfes, and fuch Kind of wfeful Animals; alfo his Pots, Cloaths, Mats, and Furniture; and, feating himfclf at the Debtor's Door, fhall there receive his Money; if even thefe Methods prove unfuccefsful, he fhall feize and bind the Debtor's Perfon, and jprocure, by forcible Means, a Difcharge of the Debt. If ( 23 ) Ir Men of very low Cafts, CoolieSy and handicraft Men, owe Money, they Ihall be feized, detained, and compelled to pay. If a Man lends Money to a Magiftrate, to his own Mafter^ or to a Bramhiy hv. fhall not be rude or uncivil in procuring Payment. If a Man hath lent Money to One of the fame Family, or to a Man of bad Principles, he fliall, by evafive Pretences, get hold of fome of the Debtor's Goods, and by that Means procure Payment. If a Man of the Tribe o{ Jrzal be unable to pay his Debts, he fhall be obliged to work out Payment by daily Labour. If a Bramin be unable to pay his Debts, the Magiftrate fliall appoint hini to difcharge them by little and little, according to his Means. If a Debtor and Creditor are both of the Bramin Caft, the One Ihall not oblige the other to work out a Debt by Day Labour. If a Man of the CbebUree, Sooder, or Bice Caft, is too poor to pay his Debts, the Creditor may oblige him to work out the Amount, in any Bufinefs of which the Debtor is capable j that is to fay, the higher Caft may exaft this Method of Payment from One inferior to itfelf, and Cafts of equal R ank may thus mutually treat each other; but a low Caft cannot force th. fuperior to compound Debts by Labour, but ftiall be paid by Inftalments, on a Debtor's Inability to difcharge the whole Debt at once. If a Creditor, without previous Demand, feizes his D<:btor by Force, and obliges him to work at a Bufmefs of which he is not capable, the Magiftrate lliall line the Creditor, and difmifs the Debtor with the Debt unpaid. Y Ib ( 24 ) If a Man difcharges not a Debt in Fifty Months from the Thne of bor- rowing, fo that the Intereft of Chkkerberdehee takes place (an Explanation of which hath been already given above) he fhall fettle the Mode to his own Sa- risfaftion, and pay the Creditor his Money. If a Man, who hath long fince depofited a Pledge in anothers Hands, fliDuld abfcond, or die, the Creditor, in Prefence of the Debtor's Friends, ill all produce the Pledge, and afcertain its Value; after that, he fhall keep it by him Ten Days; and, if within that Space the Debtor's next Heir does not come in, and firisfy his Claim, he fhall fell the Article pledged, and take his own Money, with Interefl, from the Amount; if there be any Remainder, the Creditor is not to keep ir; If a Man acknowledges himfelf indebted to another, and yet refufes to pay, the Creditor fhall ufe the Means above fpecified to recover his Money, with- out Hinderance or Moleflation from the Magiflrate; if the Debtor fliould lodge a Complaint, the Judge fhall fine him, and caufe the Creditor to be paid. If a Man, owing another any Money, Hiould flatly deny the Debt, when Paymejnt is demanded, the Creditor fhall not have Power to take him into his own Cuftody, but fhall caufe him to appear before a Magiftrate, and there, upon indifputable Proof of 'the Debt, fhall receive his Claim; but if the Creditor be defirous to attach and confine his Debtor, without Knowledse of the Judge, in this Cafe, he fhall be fined. If a Man hath lent fome Afarufies^ and the Borrower acknowledges to have received fome Rupees, but a lefs Sum than the Creditor pretends, alfb if the Lender demands Interefl upon his Loan, and the Borrower aflerts, to have difcharged the Interefl already, or if the Creditor affirms to have Vnt the ( 55 ) the Money upon mere good Faith, and the Debtor fays, that he depofited a Pledge for the Loan, upon a Difpute of this Kind, the Creditor fliall by no Means arreft the Debtor's Body, without Knowledge of the Magiflratej fhould he offend this Law he Ihall be fined. If a very rich Man, of weak Underflanding, and of a very mean Tribe, from a Principle of Fraud and Obftinacy, refufes to pay his Debts, the Magif- trate fhall oblige him to dilcharge the Money claimed, and fine him double the Sum. If a Man owes Money to feveral Creditors, he Ihall firll difchargc that Debt which was firft contraifted, and fo in Order. If a very rich Man, of an excellent Education, and of afuperior Call, from a Principle of Fraud and Obftinacy, refufes to pay his Debts, and the Creditor commences a Suit againft him, the Magillrate iliall caufe the Money in Difpute to be paid, and Ihall fine the Debtor One Twentieth of the Sum recovered. If a Debtor and Creditor are of equal Cafts, and, on the Debtor's Refufal to pay his Debts, the Creditor fhould commence a Suit, the Magiftrate fhall caufe the Money in Difpute to be paid, and fliall alfo fine the Dcbtar One Tenth of the Sum recovered. If a Man hath borrowed Money of feveral People in One Day, and the regular Order of borrowing cannot be afcertained, the Creditors Ihall all be paid in equal Shares. When a Creditor procures Payment of his Money by Application to a Magiftrate, he ftiall give him One Twentieth of the Sum recovered for his Interpofition. When { 26 ) When a Debtor difcharges his Debts by Inftalments, Ke fhall duly note upon the Back of the Bond the refpedlive Sums fo paid off; the Creditor ahb Ihall give a feparate Receipt for each Payment: If the Debtor omits this Precaution, and the Creditor alfo has not given a Receipt for any particular Payment, the Sums fo omitted fhall not enter into the Account, CHAP. ( '7 ) CHAP. II. Of the Divijion of Inheritable Property, I When a Father, a Grandfather,* a Great-Grandfather, and any Relations of this Nature deceafe, or lofe their Caft, or renounce the World, or are defirous to give up their Property, their Sons, Grandfons, Great-Grandfons, and other natural Heirs, may divide and alTume their Glebe Land, Orchards, Jewels, Coral, Cloaths, Furniture, Cattle, and Birds, and all the Eftate, read and perfonal, of which the Perfons thus circumflanced ftand pofTefTedj fuch Property is called Daie^ meaning Property capable of being thus left and inherited. Sed:. I. Of Inheritance from a Father, a Grandfather, a Great- Grandfather, and fuch Kind of Relations. - Se6l. II. Of Dividing the Property of the Berhemcharry^ the SinaJfeC:, and the Ban Peruji. Sefl. III. Of a Woman's Property. Sed. IV. Of the Inheritance of a Woman's Property, Sed. V. Of Perfons incapable of Inheritance. Z Sed. * A Grandfather, in this Tranflarion, always means a Father's Father; a Grandfon always-, means a Son's Son; and all the Terms of Affinity, when they occur, without anyReftri£lion, are to be applied to theMale Line of Kindred j when the Female Line intervenes, it is particularly fpeciicd in the Exprcffion. ( 28 ) Seift. Vf. Of Property liable to Divlfion; Sect. MI. Of Dividing Property earned by the Profeflion of any; Science or Art. Se6l. VIII. Of Dividing Property earned by a Man's Sons, Sea. IX. Of Poircfllons indivifibk. Sed. X. Of a Father's Dividing among his Sons the Property earned by himfelf. -Secb. XI. Of a Father's Dividing among his Sons the Property left by his Father and Grandfather. Sccfl. XII. Of Sons Dividing the Property left by their Father. 6(i6t. XIII. Of Dividing the Joint Stock of Perfons who agree to live together, after the original Separation and Dilperfion of the Family. Scdl. XIV. Of a Partner's* receiving his Share of Joint Stock after a long Space of Time hath elapfed i alfo of the Inheritance ,of the Sons of a Woman of the Sood^r Caft, by Two different Hulbandsj and alfo of adopted Sons. Seft. XV. Of Dividing concealed Effedsj and of redifying nneqiial Divifionsj and of the Mode of fettling the difputed Shares of Partners. Sed. XVI. Of Acquiring Right of PoflefTion in the Property of ^another by Ufufrud. SECT. »■■■!■■■. ■■■■■■I w i-^i^^^— m m I » ^ ■■iMiMiBiB m^ I ^ II .MM .1^; i..ii». i- n , • Paitnerfhip is of Two Sorts in the EaJ? : — Fiift, Shcrakut-i-lraderee ; Second, Sberakut-i' t'ejarutee. I'be Fiift is a Partnerfnip by Affinity, where all the Brothers or Members of a Family I'lve together, have a Joint Stock, and are Coheirs in all Inheritance left to the Family ; this is the P-arand's Brothei's Grandfons, they all have equal Shares. If there be noHufl^and'sBrother's Grandfon, it goes to theFIufl^and'sGrand- father; if there be no Grandfather of her Huftiand, it goers to the Hufl^and's Paternal Uncle; if there i? but One l\iteriul Uncle of her HuflD.ind, he fliall receive ( 50 ) receive the whole j if there are feveral Hufb.ind*s Paternal Uncles, they all fliall obtain equal Shares. If there be no Hufband's Paternal Uncle, it goes to her Hii^and's Pater- nal Uncle's Son; if there is but One Hufband's Paternal Uncle's Son, he fhall receive the whole-, if thrre are feveral Hufband's Paternal Uncle's Sons, they lliall all obtain equal Shares. If there be no Hufband's Paternal Uncle's Son, it goes to her Hufband's Paternal Uncle's Grandfon ; if there is but One Hufband's Paternal Uncle's Grandfon, he fhall obtain the whole •, if there are feveral Hufband's Paternal Uncle's Grandf ns, they fliall all receive equal Shares. If there be no Hufband's Paternal Uncle's Grandfon, ic goes to her Huf- band's Grandfather's Father -, if there be no Hufband's Grandfather's Father, it goes to her Hufband's Grandfather's Brother ; if there is but One Brother of her Hbfbind's Grandfather, he receives the whole •, if there are feveral }-]iifl5ind's Grandfather's Brothers, they fliall all receive equal Shares. If there be no Hufband's Grandfather's Brother, it goes to her Hufband's Grandfather's Brother's Son •, if tliere is but One Hufband's Grandfathen^s Brother's Son, he obtains the whole , if there are feveral Hufband's Grand- father's Brother's Sons, they fliall all receive equal Shares. If there is no Hufband's Grandfather's Brother''s Son, it goes to her Huf- band's Grandfather's Brother's Grandfon ; if there is but One Hufband's (jrandfather's Brother's Grandfon, he receives tlie whole; if there are feveral Hufband's Grandfather's Brother's Grandfons, they all have equal Shares. If iheie be no Hufband's Grandfather's Brother's Grandfon, it goes to her Huibaud'^ Grandfon's Grandfon j if there is but One Hufband's Grandfon's Grandlon, , ( St ) Grandfon, he obtains the whole ; if there are feveral Hufband's Grandfon*s Grandfons, they all receive equal Shares. If there be no Hufband's Grandfon's Grandfon, it goes to her Hufband's Grandfon's Grandfon's Son ; if there is but One Hufband's Grandfon's Grand- fon's Son, he receives the wliole j if there are feveral Hufband's Grandfon's Grandfon's Sons, they lliall all obtain equal Shares. ,. If there be no Hufband's Grandfon's Grandfon's Son, it goes to the Huf- band's Grandfon's Grandfon's Grandfon; if there is but One Hufband's Grandfon's Grandfon's Grandfon, he Hiall obtain the whole-, if there are feveral Hufband's Grandfon's Grandfon's Grandfons, they all have equal Shares. If there be no Hufband's Grandfon's Grandfon's Grandfon, it goes to her Hufband's Grandfather's Grandfather; if there be no Hufband's Grandfather's Grandfather, it goes to her Hufband's Grandfather's Father's Brother; ifthtre is but One Hufband's Grandfather's Father's Brother, he fliall receive the whole ; if there are feveral Hufband's Grandfather's Father's Brothers, they lliall all obtain equal Shares. If there be no HuH^and's Grandfather's Father's Brother, it goes to the Hufband's Grandfather's Father's Brother's Son; if there is but One Hufband's Grandfather's Father's Brother's Son, he obtains the whole; if ihere are feve- ral Hufband's Grandfather's Father's Brother's Sons, they lliall all receive equal Shares. If there be no Hull)and's Grandfather's Father's Brother's Son, it goes to her Hufband's Grandfarh-r's Father's Br( ther's Grandfon; if there is but One Hufband's Grandfather's Father's Brother's Grandfon, he Hiall obtain the F t whole; C 52 ) whole; if there are fcveral Hufband's Grandfather's Father's Brother's Grand"* fons, they fhall all receive equal Shares^ If there be no Hufband's Grandfathe^'s Father's Brother's Grandfon, it goes to her Hufband's Grandfather's Grandfather's Father; if there be noHufband'^ Grandfather's Grandfather's Father, it goes to her Hufband's Grandfather's Grandfather's Brother; if there is but One Hufband's Grandfather's Grandfa-^- ther's Brother, he takes the whole; if there are feveral Hufband's Grandfather's Grandfather's Brothers, they all receive equal Shares*- If there be no Hufband's Grandfather's Grandfather's Brother, it goes to- her Hufband's Grandfather's Grandfather's Brother's Son; if there be but- One Hufband's Grandfather's Grandfather's Brother's Son, he receives the whole; if there are feveral Hufband's Grandfather's Grandfather's Brother's Sons, they Iball all obtain equal Shares. If there be no Hufband's Grandfather's Grandfather's Brother^s Son, it goes to her Hufl^and's Grandfather's Grandfather's Brother's Grandfon; if there is but One Hufband's Grandfather's Grandfather's Brother's Grandfon, he iliall obtain the whole; if there are feveral Flufband's Grandfather's Grandfather's Brother's Grandfons, they all fhaJl have equal Shares. If there be no Hufl^and's Grandfather's Grandfather's Brother's Grandfon^ it goes to her Hufband's Grandfather's Grandfatlier's Grandfather; if there be no Hufband's Grandfather's Grandfather's Grandfather, it goes to her HuToand's Grandfatlier's Grandfather's Father's Brother; if there is but One Hulband's Grandfatlier's Grandfather's Father's Brother, he fliall obtain the whole; if there are feveral Hufloand's Grandfather's Grandfather's Father's Brothers, they all receive equal Shares. li { S3 ) If there be no Hufband's Grandfather's Grandfather's Father's Bi^other, ft goes to her Hufband's Grandfather's Grandfather's Father's Brother's Son-, if there is but One Hufband's Grandfather's Grandfather's Fatlier's Brother's Son, he fhall receive, the whole; if there are feveral Hufband's Grandfather's Grand^ father's Father's Brother's Sons, they fhall all have equal Shares. If there be no Hufband's Grandfather's Grandfather's Father's Brother's' Son,. it goes to the Hufband's Grandfather's Grandfather's Father's Brother's Grandlbn; if there is but One Hufband's Grandfather's Grandfather's Father's Brother's Grandfon, he obtains the whole; if there are feveral Flufband's- Grandfather's Grandfather's Father's Brother's Grandfons, they fliall all obtain, equal Shares,, If there be no Hufband's Grandfather's Grandfather's Father's Brother's Grandfon, it then goes to any One of her Hufband's Family who is the next near Relation ; if there be no near Relations, it goes to any One of diflant Affinity •, if there be none of thefe alio, then the Magiftrate fliall obtain tho Property of the Wife of a Chehteree, a Sooder^ or 2iBicc : And the Property of- the Wife of a Bramin goes to the learned Bnunins of the Villa2.e where flie bad her Rtrfidence ; if there are no learned Brainins in the^ Village, fhe fhall give it to the unlearned Bramins \ if alfo there be no unlearned Bramin^'^ there, fhe fliall give it to the Bramiju of the Environs. Tjie Magiflrate fhall never obtain the Property of a Bramm\ Wife. The Property of a Woman (exclufive of what fhe received during the- Aycurmi Shcidce^d.ndi exclufive of what her Father may have given her, before or- after Marriage) goes, .after her Death, to her unmarried Daughter, and to her- Son, in equal Sliares ^ if there is no Son, ,the Daughter obtains the whole -, if' there. ( 5^ ) there is no Daughter^ the Son obtains the whole i if there arefeveral of thefe, .they Ihall all obtain equal Shares. If there are none of ihefe, then the Daughter wlio has borne Children, and the Daughter who will bear Children, fliall receive equal Shares ; if of thefc there is only One Daughter, flie obtains the whole i if there are feveral, they all lliall poflefs equal Shares. If there are none of thefe, it goes to the Grandfon (/. e. Son's Son) if there is but One Grandfon, he receives tlie whole j if there are feveral Grandfons, they receive equal Shares. If there is no Grandlbn, it goes to the Daughter^'s Son ; if there is but One Daughter's Son, he obtains the whole ; if there are feveral Daughter's Sons, they lliall all obtain equal Shares. If there is no Daughter's Son, it goes to the Grandfon's Son ; if there is but One Grandfon's Son, he fhall take the whole \ 4f there are feveral Grand- fen's Sons, they fiiall all obtain equal Shares. If there is no Grandfon's Son, it goes to the Hufband's Son by another Wife •, if thf re is but One Son of the Hufband by another Wife, he ihall obtain the whole-, if there are feveral Sons of ihe Hufband by another Wife, they fiiall receive equal Shares. If there is no Son of the Ilufb.ind by another Wife, it goes to the Grsnd- fon of the Hufband by anotherWife ^ if there is but One Grandfon by another Wife, he fnall obtain the whole-, if there are feveral Grandfons of the Huf- band by another Wife, ihey fhall all receive equal Shares. If 1 ( 55 } lb' there is no Grandfon of the Hufband by another Wife, I: gots to the Grandfon's Son of tlie 1 Jufband by another Wife ; if there is bur One Grand- fon's Son of the Hufband by another Wife, he takes the whole ; if there ara feveral Grandfon's Sons of the Hufband by another "Wife, they fliall all receive equal Shares. If there is no Grandfon's Son of the Hufband by another W^ife, it goes to the barren Daughter, and to the Daughter who is a childlefs W^idovv, in equal Shares •, if of thefe there is but One Daughter, flie fliall obtain the whole •, if there are feveral Daughters, they muft take equal Shares. If there arc none cf thefe, then the Property of every Woman who was mar- ried according to any One of the Five firll Forms of IMarriage goes to her Hufband; if there is no Hufband, to iier Brotlier; if there is but One Broth.er, he receives the whole; if there are feveral Brothers, they muft take equal Shares. If there is no Brother, it goes to her Mother-, if there is no Mother, it goes to her Father •, if there is no Father, then the Property of a Woman who •was married accordino; to any One of the Three la (IF'orms of Marriage, o-oes, after her Death (if tliere be no Daughter or other Heir within the Limits already before-mentioned) to her Mother ; if there is no Mother, to her Father j if there is no Father, it goes to her Flufband. If there be no Hufband, then theProperty of every Woman who was married according to anyOne of the Eight Forms of Marriage goes, after her Death, to her Hulband's Younger Brother; if there is but One Younger Brotlier of her Hufband, he fliall receive the whole; if there are feveral Younger Brothers of her Flufband, they muft take equal Shares. Cy ff If ( 56 ) ^ Ir there is no Younger Brother of her Hufband, tl.cn it goes, in equal Shares, to her Hufband's Elder Brother's Son, and to her Hufband's Youno-er Brother's Son-, if there is but One Son of her Hufband's Elder Brother, or One Son of her Hufband's Younger Brother, he fhall take the whole; if there are fevcral, they fliall all receive equal Shares, If there is no Son of her Hufband's Youn2;er Brother, nor Son of her Fluf- band's Elder Brother, it goes to her Sifter's Son j if there is but One Sifter's Son, he mall take the whole; if there are feveral Sifter's Sons, they Ihall all obtain equal Share?. If there be no Sifter's Son, it goes to her Hufband's Sifter's Son-, if there is but One Hufoand's Sifter's Son, he fliall take the whole; if there are feveral j^ufoand's Sifter's Sons, they fnall all receive equal Shares, If there be no Hufband's Sifter's Son, it goes to her Brother's Son; if there is but One Perfon her Brother's Son, he {hall take the whole; if there are fe- veral Brother's Sons, they all receive equal Shares. If there is no Brother's Son, it goes to her Daughter's Hufband; if there is but One Daughter's Hufliand, he Iball receive the whole; if there are feveral Daughter's Hufbands, they fliall all obtain equal Shares. If there is no Daughter's IlLifband, it gees to her HuTband's Father; if th^^-e is no Hufband's Father, it goes to her Hufband's Elder Brother; if there is but One Eider Brother of her Flulband, he fliall take the whole; if there are feveral Elder Br>)thers of her Huiband, they fnall receive equal Shares. If ih-^re is no Elder Brother of her Hul)and, it goes to her Flufband's Bro- ther's Grandfon; if there is but One Hufband's Brother's Grandfon, he fhall lake ( 57 ) take the whole; if there arc leveral IIuHDand's Bi other's Grandfons, they all have equal Shares. If thfre Is no Hufband's Brother's Graiidfon, it goes to herHu (band's Gran^U father; if there is no Hufband's Grandfather, it goes to her Hufband's Pater- nal Uncle-, if there is but One Paternal Uncle of her Hufband, he Ihall re- ceive the whole; if there are feveral Paternal Uncles of her Hulband, they fliall take equal Shares. If there is navPaternal Uncle of her Hufoand, it goes to her Hufband's Paternal Uncle's Son; if there is but One Son of her Hufband's Putcrn;d Uncle, he fhall receive the whole; if there are feveral Sons of her Hufband's Paternal Uncle, they receive equal -Shares. If there is no Hufband's Paternal Uncle's Son, it goes to her Hufl:>and's Paternal Uncle's Grandfon; if there is but One Hufband's Paternal Uncle's Grandfon, he fhall take the whole; if there are feveral Hufband's Paternal Uncle's Grandfons, they fliall receive equal Shares. If there is no -Hulband's Paternal Uncle's Grandfon, it goes to her Huf- band's Grandfather's Father; if there is no Grandfather's Father of her Huf- band, it goes to her Hufband's Grandfather's Brother; if there is but One Brother of her Hufband's Grandfather, he fiiall take the whole; if tliere are feveral Brothers of her Flufband's Grandfather, they Ihall receive equal Shares. If there is no Hufband's Grandfather'^s Brother, It goes to her Hufband's Grandfather's Brother's Son; if there is but Oi^e Son of her Flufband's Grand- father's Brother, he fliall take the whole; if ihere are feveral Sons of her Huf- band's Grandfather's Brother, they fhall all receive equal Shares. f 58 ) If there is no Mufb:nd's Grandfather's Brother's Son, it goes to her HLif- band's Grandfather's Brother's Grandfon; if there is but One Grandfon of her Iliifband's Grandfather's Brother, he fliali take the whole-, if there are feverands, they fnall obtain equal Shares. If there is no Daughter's Huft3and, it goes to her Huft?.ind's Father ; if there is no Huft^and's Father, it goes to her llulband's Elder Brother ; if there is but One Eklcr Brother of her Huft^and, he ftiall take the whole ; if there are feveral Elder Brothers of her Huft^and, they ftiall receive equal Shares. If there is no Elder Brother of her Huft^and, it goes to lier Huft^and's Bro- ther's Grandfon ; if there is but One Iluft^and's Broihtr's Grandlbn, he ftiall take the whole ; if there arc feveral of her Hufband's Brother's Grandfons, they ftiall receive equal Shares. If there is no Huft->and's Brother'^s Grandfon, it goes to her Huftjand's Grandfather; if t'jere is no Hufband's Grandfather, it goes to her Hufband's Pacernal Unck; if there is but One Paternal Unck^ of her HuftDand, he ftiall take tlic whole; if there are feveral of h.er Hufti.md'.s Paternal Uncles, they tiia'U receive equal Shares. , If ( 6s ) If there Is no Hufband's Paternal Uncle, it goes to her Hufband's Paternal Uncle's Soni if there is but One Son of her Hufband's Paternal Uncle, he Ihall receive the whole; if there are fcveral of her flufband's Paternal Uncle's Sons, they all have equal Shares. If there is no Hufband's Paternal Uncle's Son, it goes to her Hufband's Paternal Uncle's Grandfon; if there is but One Grandlbn of her Hufband's Paternal Uncle, he (hall take the whole-, if there are feveral of her Hufband's Paternal Uncle's Grandfons, they ihall all receive equal Shares. If there is no Hufband's Paternal Uncle's Grandfon, it goes to her Huf- band's Grandfather's Father; if there is no Hufband's Grandfather's Father, it goes to her Hufband's Grandfather's Brother-, if there is but One Brother of her Hufband's Grandfather, he fliall take the whole; if there are feveral of her. Hufband's Grandfather's Brothers, they fliall receive equal Shares. If there is no Hufband's Grandfather's Brother, it goes to her Hufband's Grandfa:her's Brother's Son; if there is but One Son of her Hufband's Grandfather's Brother, he fnall take the Vv-hole; if there are fcveral of her Hufband's Grandfather's Brother's Sons, they fliall receive equal Shares. If there is no Hufband's Grandfather's Brother's Son, it poes to her Huf- band's Grandfather's Brother's Grandfon; if there is but One Grandlbn of her Hufband's Grandfather's Brother, he fhall cake the whole; if there are feveral of her Hufband's Grandfather's Brother's GrL;ncifGn^, they fliall all receive equal Shares. If there is no Hufband's Grandfather's Brother's Grandfon, it o-oes to her Hufband's Grandfon's Grandlbn; if there is but One Grandfon of her Huf- band's ( 66 ) band's Grandfon, he fhall take the whole; If there are feveral of her Huajand's Grandfon's Grandfons, they Ihall receive equal Siiiares. If there is no Hufband's Grandfon's Grandfon, it goes to her Hulband's Grandfon's Grandfon's Son; if there is but One Hufband's Grandfon's Grand- fon's Son, he fliall take the whole; if there are feveral Hufband's Grandfon's Grandfon's Sons, .they .iliall receive equal Shares. Jf there is no Hufband's Grandfon's Grandfon^'s Son, it goes to her Huf- band's Grandfon's Grandfon's Grandfon; if there is but One Grandfon of her Hufband's Grandfon's Grandfon, he fliall take the whole; if tliere are feveral of .her JIulband's Grandfon's Grandfon's Grandfons, they fliall receive equal Shares. Jf there is no Hufband's Grandfon's Grandfon's Grandfon, it goes to her Hufband's Grandfather's Grandfather; if there be no Hufband's Grandfather's Grandfather, it goes to her Hufband's Grandfather's Father's Brother; if there h but One Brother of her Hufband's Grandfather's Father, lie takes the whole; if tl e-e are feveral of her Hufband's Grandfather's Father's Brothers, they all receive equal Shares. If there is no Brother of her Hufband's Grandfather's Father, it goes to her Hufband's Grandfather's Father's Br^^ther's Son; if there is but One Son of her Hufband's Grandfather's Father's Brother, he fhall take the whole; if there are feveral of her Hufband's Grandfather's Father's Brother's Sons, they fliall liave equal Shares^ If there is no HufDand's Grandfather' Father's Brother's Son, it goes to her Hufband's Grandfather's Father's Brother's Grandfon; if there is but One Grandfon of he.r Hufband's Grandfather's Father's Brother, he fliall take the whole; ( 67 ) wholej if there are fcverul of her Ilulband', Grandfathc;:'s Fat'icr's BroLher'i Grandfons, they lliall receive equal Shares. If there is no Hufband's Grandfather's Father's Brother's Grandfon, 'x goes to her Hufband's Grandfather's Grandfather's Father; if th.rcf is no Hufband's Grandfatlier's Grandfather's Father, it goes to her Hufband's Grandfather's Grandfather's Brother; if there is but One Brother of htr Hufband's Grandfa- ther's Grandfather, he fhall take the whole-, if there are ftveral of her HuP band's Grandfather's Grandfatlier's Brothers, they fliall receive equal Shares. If there is no Hufband's Grandfather's Grandfather's Brother, it goes to her Hufband's Grandfather's Grandfather's Brother's Son; if there is but One Son of her Hufband's Grandfather's Grandfather's Brother, he fliall take the whole; if there are feveral of her Hufband's Grandfatlier's Grandfather's Brother's Sons, they fliall receive equal Shares. If there is no Hufband's Grandfather's Grandfather's Brother's Son, it ?oes to her Hufband's Grandfather's Grandfather's Brother's Grandfon; if there is but One Grandlbn of her Hufband's Grandfather's Grandfather's Brother, he fhall take the v/hole; if there are feveral of her Hufband's Grandfather's Grandfather's Brother's Grandfons, they all fl'iali receive equal Shares. If there is no Hufband's Grandfather's Grandfather's Brother's Grandfon, it goes to her Hufband's Grandfather's Grandfather's Grandfather; if there is no Hufband's Grandfather's Grandfather's Grandfather, it goes to her Huf- band's Grandfather's Grandfatlier's Father's Brother; if there is but One Bro- ther of her Hufband's Grandfather's Grandfather's Father, he fliall take the whole; if there are feveral of her Hufband's Grandfather's Grandfather's Fa- tiler's Brothers, they fliall receive equal Shares. Kk If ( 68 ) If there be no flulband's Grandfather's Grandfather's Father*s Brother^ it goes to her Hufbarid's Grandfather's Grandfather's Father's Brother's Son-, if there is but One Son cf her Hufband's Grandfather's Grandfather's Father's Brother, he fliali take the whole-, if there are fevera! of her Flufband's Grand- father's Grandfather's Father's Brother's Sons, they fhall receive equal Shares. If there is no Hufband's Grandfather's Grandfather's Father's Brother's Son, it goes to her Hufband's Grandfather's Grandfather's Father's Brother's Grandfon-, if there is but One Grandlbn of her Hufband's Grandfather's Grandfather's Father's Brother, he fliall take the whole; if there are feveral Grandfo.is of her Hufband's Grandfather's Grandfather's Father's Brother, they Iliall receive equal Shares. If there is no Hufband's Grandfather's Grandfather's Father's Brother's Grandfon, it then goes to any One of her Hufband's Family who is the next near Relation; if there is no near Relation, it goes to One of diflant Affinity. If there is not any One of thefe, then the Magiftrate fhall obtain the Effeds of the Wife of a Chehteree, a Scoder, or a Bice : And the Property of the Wife of a Braniin goers to t!ie learned Brainim of the Village where that Braniin had his Rcfidence-, if there is no learned Eramin, the unlearned ^r^?;'///;^ of that Village Hi ill obtain it; if there are none of thefe aJfo, then the Bramins of the Environs fii.dl obtain it. The Mjgidrate fhdl never afTume the Property of the Wife of a Bramin, Of ( 69 ) Of Inheriting frorn an unmarried Girl, When an unmarried Girl dies, her Property gees to her Brother by tlie fame Parents j if there is but One Brother by the fame Parents, he fhall take the whole i if there are feveral Brothers by the fame Parents, they fliall all receive equal Shares. If there is no Brother by the fame Parents, it goes to her Mother •, if there is no Mother, it goes to her Father j if there is no Father, it goes to her Bro- ther by a different Mother ^ if there is no Brother by a different Mother, it goes to the Son of her Brother by the fame Parents-, if there is no Son of her Brother by the fame Parents, it goes to the Son of her Brother by a different Mother. If there is no Son of her Brother by a different Mother, it goes to her Brother*s Grandfon ; if there is but One Brother's Grandfon, he fhall take the whole; if there are feveral of her Brother's Grandfons, they (hall receive equal Shares. If there is no Brother's Grandfon, it goes to her Grandfather (/. e. Father's Father) if there is no Grandfather, it goes to her Paternal Uncle; if there is but One Paternal Uncle, he fliall take the whole; if there are feveral Paternal Uncles, they ffiall receive equal Shares.. If there is no Paternal Uncle, it goes to the Paternal Uncle's Son; if there is but One Paternal Uncle's Son, he fhall take the whole; if th:re are feveral Paternal Uncle's Sons, they lliall receive equal Shares. If ( 70 ) If there is no Paternal Uncle's Son, it goes to her Paternal Uncle's Grand- fon; If there is but One Paternal Uncle's Grandfon, he fliall take the whole; if there are feveral Paternal Uncle's Grandfons, they fliall receive equal Shares. If there is no Paternal Uncle's Grandfon, it goes to her Grandfather's Fa- ther ; if there is no Grandfather's Father, it goes to her Grandfather's Brother; if there is but One Brother of her Grandfather, he fliall take the whole ; if there are fjveral of her Grandfather's Brothers, they fliall receive equal Shares. If there is no Grandfather's Brother, it gees to her Grandfather's Brother's Son i if there Is but One Son of her Grandfather's Brother, he fliall take the whole; if there are feveral of her Grandfather'sBroiher's Sons, they fhall receive equal Shares. If there is no Grandfather's Brother's Son, it goes to her Grandfather's Brother'sGrandfon; if there is but One Grandfon of her Grandfather's Brother, he Ikall take the whole; if there are feveral of her Grandfather's Brother's Grandfons, they fhall receive equal Shares. If there is no Grandfather's Brother's Grandfon, it goes to her Grandfather's Grandfather; if there is no Grandfather's Grandfather, it goes to her Grand- father's Father's Brother; if there is but One Brother of her Grandfather's Father, he fhall take the whole; if there are feveral of her Grandfather's Feather's Brothers, they fhall receive equal Shares. If there Is no Grandfather's Feather's Brother, it goes to her Grandfaiher's F'ather's Brother's Son; if there is but OnQ Son of her Grandfather's Father's Brother, be fhall take the v/hole; if there are feveral of her Grandfather's Fa- ther's Brother's Sons, they fhall receive equal Shares. U ( 7< ) If there is no Grandfather's Father's Brother's Son, it goes to lie: Gratid- father'sl-'atlier's Brothe 'sGranclfonv iftlierc is but OncGrandfon of her Grandr fadier's Father's Brother, he lliall take tlie whcjlc; if there are feveral of her Grandfather's Father's Brother's Grandfon.s, they fliall have equal Sliares. If there is no Grandfather's Father's Brother's Grandfon, it £oes to her Grandfathei's Grandfather's Father; if there is no Grandfather's Grandfather's Fatfier, it goes to lier Grandfather's Grandfather's -Brother; if there is but One Brother of her Grandfather's Grandfather, he fliall take the whole-, if there are feveral of her Grandfather's Grandfather's Brothers, they Diall receive equal Shares. If there is no Grandfather's Grandfather's Brother, it soes to her Grandfa- timer's Grandfather's Brother's Son; if there is but One Son of her Grandfather's Grandfather's Brother, he fnall take the v/hole; if there are feveral of her Grandfather's Grandfather's Brother's Sons, they fhall have equal Shares. If there is no Grandfather's Grandfather's Brother's Son, it coes to her Grandfather's Grandfather's Brother's Grandfon; if there is but One Grand- {fon of her Grandfather's Grandfather's Brother, he Ihall take the whole; if there are feveral of her Grandfather's Grandfather's Brother's Grandfons, they Jhall receive equal Shares, If there is no Grandfather's Grandfather's Brother's Grandfon, it goes to her Grandfather's Grandfather's Grandfather; if there is no Grandfather's Grandfather's Grandfather, it goes to her Grandfather's Grandfather's Father's Brother; if there is but One Brother of her Grandfather's Grandfather's Fa^ ther, he fliall take the whole; if there are feveral of her Grandfather's Grand- fatlier's Father's Brothers, they fliall receive equal Shares. I. 1 If ( 72 } If there is no Grandfather's Grandfather's Father's Brother, it goes to her- Grandfather's Grandfather's Father's Brother's Son-, if there is but One Son of her Grandfather's Grandfather's Father's Brother, he fliall take the whole j if there ire feveral of her Grandfather's Grandfather's Father's Brother's Sons, they fhall receive equal Shares* If there is no Grandfather's Grandfather's Father's Brother's Son, it goes to her Grandfather's Grandfather's Father's Brother's Grandfon-, if there is but One Grandfon of her Grandfather's Grandfather's Father's Bi-other, he fliall- take the whole-, if there are feveral of her Grandfather's Grandfather's Father's Erotlier's Grandfons, they fhall receive equal Shares.. If there is no Grandfather's Grandfather's Father's Brother's Grandfon, if- then goes to any One of the Family of the aforefaid Girl's Father who is the next near Relation j if there is no near Relation, then One of diltant Kindred iliall obtain it. If alfo there is no d'ftant Relation, then the Magiflrate fliall alTume the EfFcds of the unmarried Daughter of a, Cbehleree, a Sooder, and a Bke: And the Property of the unmarried Daughter of a Bramin fliall be given to the learned i?r<2»?/KJ of the Village where the aforefaid Daughter had her Refidence. If there is no k-arned Bramin in that Village, it fliall be given to the un- learned Bramins ot that Village. If th.ere are no unlearned Bramins alfo, it fliall be given to the Bramiiis of the Environs of that Villao-e. The in) The Maglftrate fliall never afllimc the Property of the unmarried Daughter, of a Bramin. If, during the Life-time of a Girl deceafed, any Perfon had entered into nn Engagement to marry her, and that Perfon, or the Mother and Father of that Perfon had made that Girl any Prefent, that Gift Ihall revert again to the afore- faid Perfon,. If, after Agreement to marry a Daughter to a particular Perfon, that Daugh- ter be given in Marriage to another Perfon, then whatever Prefent, either in Money or other Articles, the Perfon firft mentioned, or his INlother and Fa-, ther, had given to the Girl, or whatever Gift any other of that Perfon's Fa- mily had prefented, on Account of the intended Marriage, fucli .Money and, other Articles Ihall. again revert to the Perfon aforefaid, SECT. V. OfPerfons i?2capaileof,lnberitancei. YfnoEVER is born an Eunuch; whoever is expelled from his Tribe, his Relations and Kindred, for commilfion of any Crimes ; . whoever is born Blind ; whoever is J^eaf from his Mother's Womb j whoever is an Idiot ; whoever cannot diftinguifli between Good and Evil ; whoever has no Principle of Religion ; whoever is Dumb •, whoever is born without Hand, or< Foot, or Nof^, cr Tongue, or Privy Member, or Fundament; vv^hoever ftrikes and beats his ov<'n P'ather, or who, after his Father's Death, performs not the Seradih (religious Offices to his Father's Memory) whoever is of fu h a general ill Behaviour, as that his Relations and Partners refufe to eat or drink wi.th him, and who lis^es in conftanc comminion of tliofe Actions which are ( 74 ) are forbidden to his particular Tribe by the Beids; whoever is fo Incnrably* clilbrdcred, as that no Remedies have anyEfFcd on him, and wlio, on Account of }iis Diforder, is never able to perform the Seradeb, the Porje/j^ and other re- ligious Duties of this Kind ; whoever is afflifled with a fcrofulous Leprofy, or a Leprofy breaking out in Boils, with a perpetual Difcharge of Blood and Matter \ Men afflicted v/ith thefe Dilbrdcrs, even after Fcra/Jjcbui (or Re- covery ),fhall remain incapable of Inheritance : And alio, whoever wears the Difgu'fe of a Bcrhimchirry^ or a Sinajfee^ and fo gains a Livelihood in a fraudu- lent Manner ; whoever is feized v/ith a Gdnfee Jtkkhek^ cr a Confumption, in which he brings up Blood mingled with Phlegm ; whoever has profefied him- felf a Sinajj'ee \ v/hoever procures his Subfillence by an unwarrantable Bufmefs cr ProfefTion i all or any of thefe Circumftances, here fpecified, incapacitate a Man for Inheritance. "But whoever fliall fuperfeds thefe Perfons, in the Inheritance of bequeathed Property, miift allow themViftuals and Cloathing ; neverthelcfs the Man who has been expelled from his Tribe fhall receive Notlfuig, If the Sons of thefe People be totally free from all the Obje6lions which have been dated above, they Ihall receive therr Share of the Property left for Inheritance; neverthelcfs the Son of the Man expelled from his Tribe, who was born after fuch Expulfion, fhall not receive any Share. If there are unmarried Daughters of any of thefe, fuch Daughters fliall be maintained in Victuals and Cloathing, until their Marriage. And alfo to the Wives of thefe (if there are not unchafte) lliall be allowed Viduals and Cloaths. SECT. ( 75 ) S E C T. VI. Of Property liable to Divijiort, Of the Property of a Grandfather and a Father; and of fuch Property as arifes from a Partnerfhip Concern, and of whatever is given by a Relation of equal Affinity, indifcriminately, that is, without fpecifying the Name of any particular Perfon; as alfo of fuch Gains as arife from the Joint Labour and united Efforts of Two, Four, &c. Perfons. %* All fuch Property is liable to Divifion. When Two or more Perfons are Co-Heirs, if any Gain is made upon the Common Stock, then the Perfons, by whofe Labour or prudent Management fuch Gain was produced, fhall each receive a double Share; thofe who did not join in the Plan or Execution of the Bufmefs fhall each receive a fmgle Share. *^* According to the Ordinatiops of Sirree Kijhen TerJdlungkar, and Gop^.ul Punchcmun. When Two, Four or more Perfons are Partners, and One or Two of thole Partners acquire any Profit, each Partner Ihall receive a Share of it, proporti- onable to his Property in the Joint Stock; and thofe who gained this Profit {hall firfl divide the whole of it into equal Shares, and each take a fmgle Share; and then receive a Part pf what remains, proportionable to their Share in the Common Stock. M m *** Accordi>:g ( 76 ) *. * According to the Ordination ofSewarleb Behtackarigey zndjeimoot Ba^uff, and this Ordination is approved (or rather is cuilomary in this Kingdom.) Ir the Property of a PartnerHiip belongs wholly to One of the Partners^ and the other Parcner performs all the Labour of the Buflnefs, and makes a. Protit upon that Property, fuch Profit fliall be divided equally between them. If One Partner both rifks his Property and takes alfo his Share of the Labour of Bufinefs, and another Partner, without rifking his own Property, takes only his Share of the Trouble and Management of Affairs, then he who advanced his Property, and exerted his Efforts, fliall receive a double Share j he who only contributed his Efforts fhall receive a Angle Share. If a Man, without any Advance of Property, fhould, by his own mere Di- ligence and Efforts, acquire any Profit, his Partners fliall receive no Share of it. SECT. VII. Of Dividing Property earned by the Science of the Shafler^ by the Art of Paintings ArchiteSiure^ or other Arts of that Kiiid^ on which a Profit may be gained. If anyPerfon, without Employment of any Stock in Partnerfliip, by his own Efforts, in the Exertion of any Art, fliould acquire any Profit, then, which- ieighbours, his Relations, or any others, to prove his Affinity to the Man who fixed his Refidence in a foreign Kingdom, and ffiall receive his Share of Inheritance. Q^q If ( 92 ) If a Woman of the Sooder Caft, who hath borne a Son to her Huiband,: fiiould take tliat Son with her, and go to live with another Man of the fame Caft, and while fhe remains in the Houfe of this Second Perfon fliould bear to him alfo a Son, then each Son that is born^ to either Man, after the Death of that Man, (hull receive his particular Property,. If the Mother of thefe Sons fhould die, then each Son Ihall feparately in- herit whatever was given to his Mother by his own Father; and if the Mother had any other Effefts, exclufive of what the Fathers gave, the Sons fhall both receive equal Shares of it. A Man, without Permifilon of his Partners by Affinity, Hiall neither give away, nor fell to any One the Joint Property : If he gives away or fells a Pare of it, at the Computation of his own Share, it is approved. But if he gives, or fells, or mortgages fuch Property lo a Man of fraudulent Principles, fo that Lofs and Vexations fliould accrue thereby to the Partners, the Man who thus gives away, fells or mortgages fuch Property, is to be ac- counted criminal. *^* According to the 0\i\\n:iUov\ oi Sewarteh Behtackarige, Jeifuoot Bahun^ and Sirree Kijhen Terkalungkar^ and is approved. If any Perfon, without PermilTion of the Partners by Affinity, gives away, klis or mortgages a Part of the Joint Property, on Computation of his own Share, it is approved ; accoi dirg to the Ordir.ation of the Pundits of Aletkilla, If to a Man,\\ho hath, before patronized an adopted Son, a Son fhould after- wards be born of his own Seed, after the Death of the Father, the adopted Son ( 93 ) Son fliall receive a Tingle Share, and the begotten Son (hall receive a double Share of his Property. SECT. XV. Of Dividing concealed EffeBs j and of reSlifying unequal Divifions'^ and of the Modes of fettling the difputed Shares ^ of Partners. If any One of the Partners by AiHnity, at the Time of fharing and divid- ing their Property, concealed any Part of the EfFcd?, and this Circumllance fhould afterwards appear, that Part fhall then be divided equally among all i.iot the other Partners, and the Man who concealed it. But if any One of the Partners dill continues fufpicious, he fhall undergo the Purrikeb, that is Ordeal for him y whoever is not fufpicious of him, he fliall perform the Punikeb. If, at the Time of Divifion of Joint Stock, the Partners by Miftakc fhould have made an unequal DilUibution, it is not approved. He who recti vcd too large a Share, v/henever the Miftake is proved, fhall divide equally among them all the Overplus of his proper Portion. . At the Time of Divifion of Joint Stock, if One Perfon be a Child, and any One of tiie Partners fraudul^ndy takes from the Share of that Cliild, to atid to his own, v.* hen this Circumfbance comes to be proved, that Child fliall re-^cive from him the Balance of his Shars. ( 94 ) If, at the Time of Dlvifion of Joint Stock, all the Partners, by their own Free-Will, receive unequal Shares, fome more, fome lefs, and are afterwards defirous to have an adjufted Settlement of their Shares, they fliall not have the Power. Every Kingdom has its own Cufloms, and every Town has its own Cuftoms, fo every Tribe has its own Cuftoms j if, according to thofeCuftoms, an unequal Divifion takes place, it is approved. If the Mode of unequal Divifion has pafled regularly from Father and Anceftors, this alfo is approved. If One Perfon of the Partners by Affinity fliould fay, that " Our Pro- perty has been fliared," and another Ihould fay, that " It hath not been Ihared," and upon fuch a Diloute they ihould refer their Claims to Arbitra- tion, Firfl, the Arbitrators fhall inquire the State of the Cafe, of the Men defcended from the fame Grandfather with the Plaintiff and Defendant, and who have formerly feparated from the Family. If the Matter is not fettled by Inquiry from Perfons defcended from the f&me Grandfather, they Ihall next examine the Relations and Kindred of the Plaintiff and Defendant, 1/ it is not fettled by Examination of the Relations and Kindred of the Pluintiff and Defendant, they fhall next inquire and examine the Divifion Accounts-, if there is no Divifion Account, then the Arbitrators ihall proceed t and the Claim of him who produces the written Deed Ihall not be heard. If a Man has for a long Time applied to his own Ufe the EfFedls of a Magiftrate, or of a Magiilrate's Servants, or the EfFeds of his Wife's Father, or the Effedls of his Wife, or the Effe6ts of his Daughter's Hufband, or the Effefts of ai?(?y<9/, or the Effedls of a Man defcended from the fame Grand- father with himfelf, or the EfFe%^s of his intimate Friend, or the F.fFedls of his Maternal Uncle, or Sifter's Son, or Paternal Uncle's Son, or fuch Kind cf near Relations and Kindred, it is not approved (/. e. it Ihall not enfure him the Property of them :) And if a Bramin^ who hath read the Beids^ fliould, for any confiderable Time, apply to his ov/n Ufe any Perfon's Property, it is not approved. ^ CHAP. ( 102 ) CHAP. III. OJ Bulhar^ that is, of Jujlice, Secfl. I. Of the Formsof adminiftering Juftlce. Sect. II. Of Appointing a /^^^d-^/ (or Attorney.) Seft. III. Of not Apprehending an accufed Party. Sed. IV. Of Giving immediate Anfwer to a Complaint. Seft. V. Of Plea and Anfwer. Sed. VI. Of Two Sorts of Anfwer, proper and improper. Sea. VII. Of Evidence. Se<5l. VIII. Of proper and improper Evidence. St(5t. IX. Of the Modes of examining WitnefTes. Seel. X. Of Appointing Arbitrators more than once ; and of the Mode of drawing up the Statement of a Caiife, Sed. XI. Of Giving; Preference to a Claim. SECT. I. Of the Forms of ad??itntjler'mg ytifike. If a Perfon brings a Complaint before a Magiftrate, in the Name of another, the Maciltrate Ih all make a thorough Invefligation of the Affair i otherwife ( "03 ) otherwlfe he Ihall by no Means of himfelf lend lor the Cdmplainai\t, and xaufe him to bring on his Complaint. If any Perfon goes to an Arbitrator of Difcernment, for the Purpofe of d-iflinguifhing the Nature of his own Caufe, the Arbitrator alio may makjc fiich Invefligation. , "When an Arbitrator of Difcernment hears any Affair, he l!iall ftrll de- mand of the Plaintiff, " What is your Claim ?" The Plaintiff fhall then relate his Claim : Afrerwards he fliall demand of the Defendant, " What Anlwer do you return in this Cafe ?" The Defendant alfo fhall then repeat his Anlwer, upon thus having heard the Accounts of both Plaintiff and Defendant. He vho thoroughly inveftigates the Nature of the Affair is called an Arbitrator of Difcernment, and fuch an Arbitrator as this fliall be chofen. A Magistrate, at the Time of Examination, fli^ll have near him a Man of Knowledge and Difcernment, and Officers tried by his own Experience, and a learned BramiUj and fliall then examine the Cafes of the Plaintiff and Defendant. If a Magiflrate,for any particular Reafon, cannot himfelf examine a Caufe, he fliall delegate a Icar n^d Bramin as Examiner; if there is no learned Brnmn, •he fliall delegate a learned Chehteree; if there is no learned Cbehicrce^ he fliall de- legate an intelligent Bice as Examiner-, if there is no intelligent Bice, \\t fliall delegate an unlearned Bramin as Examiner; he fliall never delegate a Soodcr as Examiner upon the Sheeriee of the Shajlcr, or Beids of the Shajlcr: W*^hoever, fitting aflde 2i Bramin, confl:itutes a Sooder Arbitrator, in any Affair of the Sbaf- Jer, the PoffefTions and Property of fuch a Man are ruined and difllpated : If a Sooder examines any Affairs of the Sbeertee of the SI:a,?er, he fliall pAV a Fine to the Magifl:rate of Two Thoufand Funs of Cowries. T t If ( IC4 ) Ira learned Man is prefent when an Affair is examined before a Magi(^ tratc, although the MagiflraD? fhould not delegate him as Examiner, yet he has the Liberty of uttering his Sentiments to the Cafe in Point. Whoever confiders in the fame Lighj^ his Friends and his. Enemies, and is- knowing in the Beids of the Shajler^ and in the Sheertee of the Shajler^ and is a Man of Honour, and a Speaker of Truth, to fuch learned Br^mins as thefe the Magiilrate fhall give Money, and every Token of Refpeft and Confideration in the Judgment-Seat, to have them near him j but he Ihall not retain fewer than Ten of fuch Bramins. The Magiftrate, having employed the firfl Four Ghurries of the Day in bathing and praying, and having paid due Adorations to his Deity, fnall fit upon the Judgment-Seat, to fettle Affairs, the Space of One and a Half P^^ j at this Rate, the Bench will break up after the Second Paufs of the Day. If an Affair is not properly examined, or is decided unjuffly, the Ftiult is divided into Four Shares, and falls upon Four Parties, One Share upon the. Plaintiff or Defendant, whichever of them was the Cauf.; of the improper Ex- amination or Decifion ; and One Share falls upon the learned Bramins who partook of the improper Exam.ination or Decifion-, and One Share to the Witnefs v/ho gave in falfe Evidence: If the Examination is proper, the good Refult of it is, that whatever Part of the Fault belongs to the MagiRrate, and to the reft of thofe who were prefent upon the Bench, and partook of the Ex- amination, all this Fault goes to tlie Perfon who made a futile and groundltfs Complaint. If fcveral Perfons, at the fame Time, make a Complaint to a Magiftrate, or Arbiirator, then the Magiftrate, or ArbiLrator, at the Time of Invefti- cation. ( '05 ) gatlon, iiiail firfl examine the Caufe of Iiim who has Tuffered rhe mod Detri- ments; if the Caufes of all the Complainants are equal, he fhall then examine the Affair of him who is of the moft honourable Tribe; if all the Com- plainants are of equal Tribes, and their Caufes alfo of equal Coniequence, then the Suit of him who firit complained fliall be firft examined. At the Time that the Plaintiff and Defendant are prefent before the Magiflrate, or. Arbitrator, then that Magiftrate, or Arbitrator, Ihall take a. Man of Refponfibility and Property as Bail or Security for fuch Plaintiff or Defendant; if either the Plaintiff or Defendant are unable to give fuch Security, a Peiadac, or Guard, lliall be appointed for both of them, and, in the Evening, the Plaintiff and Defendant fhall give to that Peiadac Co'u.rkr fufHcient for the Day's Subfiflence. SECT. II. 0/ Appoiniing a Vakeel (or Attorney.) If the Plaintiff or Defendant have any Excufe for not attending the Court; or for not pleading their own Caufe, or, on any other Account, excufe them- felves, they fhall, at their own Option, appoint a Perfon as their Vakeel \ if the F"^/^!?^/ gains the Suit, his Principal alio gains ; if the Vakeel is cafl, his- Principal is caft alfo. In a Caufe where tlie Accufation is for Murder, for a Robbery, for Adul- tery, for eating prohibited Food, for falie Abufe, for thiufbing a Finger into the Tiidendum of an unmarried Virgin, for falfe Witnefs, or for deflroying any Thing, the Property of a Magiflrate, a Vakeel mull not be appointed to plead and anlwer in fuch Cafes j. the Principals fliall plead and anfwer in Perfon ^ but ( io6 ) but a Woman, a Minor, an Idiot, and he who cannot diflingulfli between Good and Evil for himfelf, may, even in fuch Caufes as thefe, conftitute a. VakceL Except the Brother, Father and Son of the Plaintiff and Defendant, if any other Pcrfon, at the Time of Trial, fliould abet, and fpeak for either Party, the Magiilrate fliall exafl a Fine from him : If a Brother, a Father, a Son^ or z.Vakeely fliauld afTift, and fpeak for either Party, it is allowed. S"* E C T. III. Of not Apprehending a?i accufed Party, Jf a Perfon is employed in celebrating a Marriage, at that Time, neithci- -a Creditor, nor any other Perfon for his own Concerns, iliall apprehend and feize him : Ii' the Creditor, or any other Perfon, Ihould make complaint againfl him before a Magiftrate, the Magiftrate alfo, during the Term of the Marria^ie Feftivals, fhall not have Power to feize him. o If a Perfon, in a Fit of Sickncfs, until his Recovery, neither his Creditor, nor any other Perfon for his own Concerns, fliall have Power to apprehend and feize him : If the Creditor, or any other Perfon, during fuch Sicknefs, makes complaint in his Name, the Magiftrate alfo, during his Diforder, lliall not apprehend him. If a Man is employed in xYitJiigg^ the Pocjeh, the Ban, or any fuch religious tDuties, until he finds Rcfpite from thofe Offices, neither his Creditor, nor any .other Perfon upon his own Concerns, Ihall have Power to apprehend and feize him : ( 107 ) him.i if a Complaint Is lodged againfl him before a Magiilrate, the Magiflrate. alfo fliall not apprehend him during that Period. If any Perfon is appointed Fakeel to plead or anfwer in any Suit, until fie is releafed from fiich Appointment, neither his Creditor, nor any other Perfoii for his own Concerns, may have Power to apprehend and detain him ; if a Complaint is lodged againfl him before a Magiftrate, the Magiflrate alio fhall not apprehend him. If any Perfon is employed, in the Magiflrate's Prefence, upon fuch Magif- trate's Affairs, until he is releafed from the Magillrate's Bufmefs, neither his Creditor, nor any other Perfon for his own Concerns, fhall have Power to apprehend or feize him; if a Complaint is lodged againfl him before a Magif- trate, that Magiflrate alfo fliall not apprehend him. If any Perfon is employed in feeding his Kinc, or Buffaloes, or Goats, or Sheep, or fuch Kind of domeftick Animals, until he is at Leifure fi"om fuch Occupation, neither his Creditor, nor any other Perfon for his own Concerns, lliall have Power to apprehend and detain him; if the Creditor, or any other Perfon lodges a Complaint againfl him, the Magiflrate alfo, during that Pe- riod, mufl not apprehend him. ,If any Perfon is employed in watching his Tillage, until he returns from thence, neither his Creditor, nor any other Perfon for his ov/n Concerns, may have Power to apprehend and detain him; if a Complaint is preferred againfl him before a Magiflrate, the Magiflrate alfo fliall not apprehend him during that Period. If any Perfon is employed as a Painter, a Carpenter, a Builder, or in other Works of this Kind, until he is at Leifure from fuch Bufinefs, neither his Cre- U u ditor, { io8 ) ditor, nor any other Perfon for his own Concerns, fiiall have Power to appre- hend and detain him-, if a Complaint is preferred againft him before a Magif- trare, the Magiftrate alfo, during that Period, (hall not apprehend him. If any Perfon is engaged inWar, until theWar is determined, neither a Credi- tor, nor any other Perfon for his own Concerns, fhall at that Time apprehend and detain him j if his Creditor, or any other Perfon, during that Period, pre- fers a Complaint againfl him before a Magiflrate, the Magiftrate alfo fhall not apprehend him. If any Perfon is employed as a Meflenger, Until he returns, neither his Cre- ditor, nor any other Perfon for his own Concerns, may have Power to appre- liend and detain himj if a Complaint is preferred againft him before a Magif- trate, the Magiftrate alfo, until he returns from tlie Execution of his MeiTage, may not apprehend him. If a Perfon is a Minor, his Creditor may not apprehend him-, and if the Creditor makes complaint againft him before a Magiftrate, the Magiftrate alfo fi:iall not have Power to apprehend him. If a Scafon of Scarcity or Calamity fhould happen to any Kingdom or 7k)wn, until the Calamity is ceafed in that Kingdom or Town, a Perfon for h'S own Concerns fiiall not have Power to apprehend and detain another; if a Perfon on his own Concerns makes Complaint before a Magiftrate, the Ma- giftrate alfo may not apprehend a Perfon during that Period. If any Perfon, having a Claim on another, liath preferred his Complaint, the Perfon fued muft anfwcr the Suit, and fettle the Claim, before he can commence a Suit againft the other; if he makes a Complaint, the Magiftrate Ihali exad a Fine from him, but his Suit fiiall not drop. If ( ro9 ) t If any Perfon has made a Complaint againll anotlier, as that, " Siieh a Perfon has traduced my Cliaradler, or has threatened me," in that Cafe, if the Complainant had firft traduced, or threatened the other, the latter, without anfvvering the Suit brought againft him, may prefer a Complaint againll the other for Abufe, or for Threats. If any Perfon hath firfb abufed another, or threatened him, after that, if the Second lliould abufe or threaten the FirR-, he is not amenable ; but he who full abufed, or threatened the other, iliall be fined by the Magiftrate. If a Perfon, to procure a Man's Death, fliouid fet his Houfe on Fire, or caufe him to take Poifon, or endeavour to alfaOlnate him, or Iliould fcize his Wife, and carry her away with him, or plunder and take away all his Effe6ls and Grain, if the other lliould deprive fuch a Man of Life, he is not amena- ble : If a Bramin Ihould commit fuch Crimes as thefe above-mentioned, his Life iliall not be taken away ; but if fuch a Bramin fhould come with Intent to murder another, and that Perfon has no Means of efcaping, and cannot fave his own Life, but by the Death of the Bramin^ in that Cafe, if he (hould even kill the Bramin, the Magiftrate fhall not take a Fine from him : Alio, if a Cov/ fhould attempt to kill any Perfon, and there is no Way of efcaping, that Perfon may kill the Co\v, for the Prefrrvation of his own L.'fe, and, in this Cafe, he fliall not be amenable. If Two Perfons mutually abufe each other, or give Blows to each other, and the Abule and Threats are equal on both Sides, the Magiftrate fhall exa6l from each of them an equal Fine. If any Perfon firft abufcs another, or gives him Blows, and afterwards the Other returns him more Abufe, and a greater Number of Blows, the Magif- trate ( no ) trate fliall exa£l a Fine from both of themj but he who firft proceeded to Violence Ihall pay the largeft Fine. SECT. IV. Of Giving immediate A?ijwer to a CompIai?2t* If a Perfon brings a Suit againft another for the Murder of a Man, in that Cafe, the Accufed, at the Time of appearing before a Magiftrate, fliall immediately, upon the Spot, give his Anfwer to this Affair j he may not be allowed any Time in giving his Anfwer. I^ any Perfon -is apprehended on Account of a Robbery, that Perfon, at the Time of appearing before a Magiftrate, or Arbitrator, fhall give immediate Anfwer to this Affair, and fliall not be allowed any Delay in fpeaking. If any Perfon accufes another for falfe and fcandalous Abufc, the Accufed, when he comes before a Magiftrate, or Arbitrator, fliall immediately give his Anfwer, and not be guilty of any Delay. If any Perfon is apprehended upon an Affair concerning a Cow that pro- •duces Milk, he fliall not be allowed any Procraftination in his Anfwer, but fhail fpeak his Defence immediately. On an Accufationfor drinking Wine, a Man muft not make any Delay in giving his Anfwer, he fliall anfwer immediately to fuch an Affair. If ( III ) If a Man is apprehended, on a Complaint, for criminal Convcrfation w'tK any of his Father's Wives, exclufive of her who bore him, in fuch a Cafe, he ihall not make delay in returning his Anlwcr, but fhall immediately anfwer to the Point. If any Perfon makes complaint againft another, that, " Such a Perfon his deflroyed fome very valuable Goods of mine," in fuch an Affair, the Accufcd ihall not make any Procrallination in his Anfwer ; he fliall anfwer immediately to the Point. If any Perfon has called a modeft Woman unchafte, and the Woman or •her Hufband Ihould make complaint to a Magiftrate, whenever the Perfon accufed appears before the Magiftrate, or Arbitrator, he fhall, upon the Spot, ^infwer to the Complaint, and make no Delay. If Two Perfons quarrel for Pofleflion of a Slave Girl, and both of them ihould feparately afifert the Girl to be their own Property, and One of them makes complaint againft the other before a Magiftrate, that Perfon fhall di- redly give his Anfwer, and fhall make no Delay. In all other Caufes, except fuch as have been before-mentioned, the De- fendant may require fome Delay to give in his Anfwer; but the Accufcr fhall in no Caufe make any Delay in his pleading. If either the Plaintiff or Defendant, being terrified, are unable to give immediate Anfwer, then, according to the Nature of the Affair, a Time fhall be appointed them for giving in their Anfwer; if at the Time appointed they are unable, either by fome Calamity of the Seafon, fome Innovation of the Magiftrate, to give their Anfwer, they are not blamable; but they fhall be X X held ( "2 ) ht-ld to prove luch Calamity of the Seafon, or Innovation of the Magiftratc; if they cannot produce this Proof, they fhall incur Blame ♦, and on the Time appointed, if they, with any fraudulent Intent, do not give in their Anfwer, the Magi (Irate Ihall make them amenable, and they fhall be caft in that Caufe. SECT. V. 0/ Plea and A7ifwer. When the Plantiff and Defendant come before the Maglftrate, or Arbitra- tor, the Plaintiff at that Time fliall give an Account of the Circumflances of his Plea, in fuch a Manner, that the Words be few and the Meaning extenfive, and that no Doubt of the Senfe of his Speech may arife in the Minds of any of the Audience, and tiiat the firfl and laft Parts of his Plea be well connefled and confiilent, and the Caufe of the Difpute fhall be therein explained, and the Reafon why the Defendant fliould be cafl; in the fame Manner alfo the Defendant, after Conclufion of the Plaintiff's Plea, fliall return his Anfwer, \i the Plaintiff gives, in Writing, to the Magiftrate, or Arbitrator, a State- ment of his Cafe, he fliall write that Statement alfo, in the fame Manner that hath been above diredledj and the Defendant alfo fhall write his Anfwer after the fame Mode. If the Plaintiff hath delivered in a written Statement of his Suit, until the Defendant gives in his written Anfwer, the Plaintiff may take back his Repre- ftntation, to alter what may be too full, or too concife, in fome Places, and give in a frefli correc^ted Writing-, but if the Defendant hath delivered in iiis written Anfwer, the Plaintiff may not corre(5t and rewrite what may he too copious, or too contradled of his orio-inal Plea. WriEW ( TS ) When the Plaintiff", or Defendant, writes hisPlcaor Anfwer, it fhall be writterr. with his own Hand ; if he is unable to write, he fhall caufe it to be v/ritten by another : If the Plaintiff or Defendant ffiould give one Explanation of his Cafe, and the Copy iff flioiild flate it another way, that Copy iff ffiall receive the fame Funifhmcnt as a Robber. In a Caufe concerning Property, if the Plaintiff or Defendant fhould be guilty of a Miftake or two in the Courfe of his Pleading, he fliall not, upon that Account, lofe his Suit, but the Magiftrate fhall fine him. If a Perfon complains againft another, that, " Such a Perfon has kicked me on the Head," and it Ihould afterwards appear that he has not kicked him on the Plead, but has flruck him with his Fill:, that Perfon is condemned in that Suit, and he fhall become amenable to the Magiftrate. When the Plaintiff urges his Plea, the Defendant mull anfwer regularly, according to the Plea, and not deviate from the immediate Subjed: of the Suit. After Suit begun by the Plaintiff, if the Defendant lliould abfcond, afcer an Abfence of One Month and an Half, he fhall be cafl. After Suit begun by the Plaintiff, if the Defendant delays to anfwer beyond Seven Days, he fliall be caftj if an appointed Day for Anfwer be given him, and he does not give his Anfwer in the Time of that Appoint- ment, he fliall be cafl. If the Plaintiff urges his Plea, and the Defendant denies it, in that Caie, when the Plaintiff, by producing Witneffcs, can prove his Suit, the Defendant fhall be caft. SECT. ( ^H ) SECT. VL Of Two Sorts of Arfdcer^ proper and improper. That is a proper Anfwer, when, after Statement of the Plaintiff^s Plea, upon the Defendant's giving in his Anfwer, he weighs his Words with fuch Nicety, that they comprehend the whole of his Meaning, and no Doubt arifes in the Audience from his pleading, and the firlt and laft Parts of his -Speech are well connedled and confiflent, and he explains himfelf in fo clear and perfpicuous a Manner, that every Perfon underftands him. This is called a proper Anfwer. That is an improper Anfwer which does not regularly take up the AfTer- tions of the Plea ; as for Inftance, when the Plaintiff gives a full and copious Statement of his Cafe, and the Defendant makes a contraded, defective An- fwer, or when the Plaintiff's Plea is concife, and the Defendant's Anfwer pro- lix i when there is a Difference and Inconfiftency between the firft and laft Parts of the Anfwer, and when it is confufed and varied, fo as not to be in- telligible. iThis is called an improper Anfwer. The Two Modes of Anfwer, that have been explained above, arc com- pofed of Four Diftinftions, viz, Firji. Mut- hooter. Second. Shumpertee-putt, . Third, Pertubbijh Gunden, Fourth. Ferranek Neeay, FirJi. ( i'5 ) Firj}. Mut-booUtt that is, an Anfwer denying the Plea. Mut-hooter has Four Diftinflions. Firjl. When the Plaintiff brings in a regular Bill, and the Defendant fays, « Your Plea is falfe." Second. When the Plaintiff brings in a regular BUI, and the Defendant fays, "J know Nothing of the Matter." 'O ^blrd. When the Plaintiff brings in his Suit, as, " In fuch a Year, I depofited fuch Goods in your Hands, or lent you fuch a Sum," the De- fendant anfwers, " In that Year, I was not yet born." Fourth. When the Plaintiff brings in a regular Suit, that, '' In fuch a Year, in fuch a Place, I depofited certain Goods in your Hands, or lent you a Sum of Money," the Defendant anfwers, that, " In the Year fpecified, I never was at the Place you mention," upon Anfwer being given in thefe Four Methods, the Proof of the Plea refts with the Plaintiff. Second. Shumpertee-putt is when a Man producing Claim upon another, -the Perfon anfwers, " I confefs that the Subjedl of your Claim is in my Pof- fcffion," in this Cafe, there is no Need of Writing or Witneffes. Third. PertuMi/h Gunden is when a Man producing a Claim upon another, the Perfon anfwers, " I acknowledge the Juft ice of your Claim," but at the fame Time, if he has it not in his Power to make good the Subjed of the Claim, he fhould io exprefs himfelf : Pertubhijb Gunden alfo admits of Three Diftindions : As, Y Y 'A Whew { "6 ) ijl. Whcv a Man produees a Claim againft anotlier, faying, that, *' Yoa owe me a Debt of One Hundred Rupees^' the Perfon anfvvers, " I confefs to have borrowed One Hundred Rupees of you, but I have repaid them,*.' in ilich Cale, the Proof of the Affair refls with the Claimant; 2d. When One Man fays, " Such a Piece of Ground befongs to me by Inheritance from my Father and Anceftors," and another Perfon alfo affirms of the fame Piece of Ground, that, " It belongs to me by Inheritance from my Father and Anceftors," in this Cafe, the Proof of the Affair refts with the Firft Claimant-, and if he is unable to produce Proofs, the Second Claimant iliall then afcertain and prove his Title to the Ground in Qiieftion. 3 J. When Two Perfons lay claim to the fame Parcel of Land, One faying, " This Ground belongs to me by Inheritance from my Father andAnceftors,'* the other replying, " I have applied to my own Ufe this Piece of Ground, for the Space of Ten Years, and of Right it belongs to me," in this Suit, the former Claimant is held to prove the Inheritance derived from his Father and Anceftors; if he can prove this Point, then the Caufe muft be referred to the Chapter of the Daye Bhag^ for confidering the Time of the Ufufruft, which is explained in the Sedion of Acquiring a Property in the PoffelTions of another. ^th. Perranek Needy is when a Man, upon lofing his Caufe before a Magif- trate, or Arbitrator, fays, that, " My Opponent, in this Affarr, was formerly call upon a Trial before fuch an Arbitrator, and I gained my Suit," in fuch Cafe, he who affirms to have had aVerdid in his Favour, upon the Inveftigation of a former Arbitrator, iliall be held to produce Proofs of diat Circumftance. Is ( r.7 ) If a Man brings a- Suit againft: another, faying, " I lent you One Hun- dred Riipeei^'' and the Defendant anfwers, " I never received One Hundred Rupees^ I received Fifty Rupees ^ and have repaid them," in this Cafe, the Arbitrators fliall firft inveftigats the Repayment, and afterwards make; In- quiry, whether the Sum lent was really One Hundred or Fifty Rupees. If a Man brings a Suit againft another, faying, " You owe me a Debt cf One Hundred Rupees^'* if the Defendant anfwers, " I never received One Hundred Rupees, I received Twenty-five Rupees, and have repaid them," in this Cafe, the Arbitrators fhall firft inveftigate, whether the original Debt was really One Hundred or Twenty-five Rupees, and afterwards fliall mike Inquiry as to the Repayment ^ and in all Cafes, where the Plaint iff" makes a. large Demand, of which the Defendant acknowledges a Part only, lefs than Half the Sum claimed. Inquiry fhall be condufled upon this Principle here explained. A Plaintiff .lays his Claim for One Hundred Rupees lent, the Defendant anfwers, " I never borrowed from you any Part of it," but at the fame Time the Plaintiff hath in his Hand a Bond for One Hundred Rupees, and it therein appears that the Defendant hath repaid Fifty Rupees, and there are Witneffes to this Circumftance, in fuch a Cafe, the Arbitrator Ihall firft inveftigate tlie Bond, and then examine the Witneffes. If a Man brings a regular Suit againft another, and that Perfon abfolutely denies the Claim, in that Cafe, the Plaintiff fliall be held to prove his Claim ; if the Plaintiff has neither Writing nor Witneffes for his Proof, the Defendant fliall perform the Punikeb (that is) an Ordeal, tofatisfy the other. Is ( »i8 ) "If a Man brings a Suit againft another, who anfwers, " I am in doubt about this Affair," iuch Plea is not to be admitted as anAnfwer; in that Cafe, the Plaintiff fhall prove his Claim by a Deed, by Witneffes, or by Ufufrudl on the Part of the Defendant; if he fails in thefe Three Modes, he fliall take his Oath, or perform the Purrikeh: In every Affair, where a Deed, Witneffes, or Proof of Ulufrufl cannot be produced, an Oath muff be taken, or thcPurri- keh oerformed. If a Man brings a Suit againft another, faying, " I have lent you feveral dif- ferent Articles," and thePerfon anfwers, "I never received One of the Articles you mention," in that Cafe, if the Plaintiff proves any One of all the Articles claimed, to be in the Defendant's Poffeffion, the Magiftrate fball caufe the whole fo claimed to be reftored: In this Affair, it is not the Fault of the Ma- giftrate-, if the Plaintiff, having made his Claim for feveral Thing?, fliould add afterwards, that, '• Another Article is ftill in your Poffeffion, which by Miftake I formerly omitted to mention in my Suit ;" fuch a Claim is not ap- proved ; accordmg to the Ordinations of Sewarteh Behtacharige, and this Ordi- 'nation is approved (or cuftomary.) If n Man brings a Suit againft another, faying, " I have lent you feveral different Articles," and that Perfon anfwers, " I have not received any Thing, if vou can prove my Receipt even of One Article, I will make good the whole of your Claim," in that Cafe, if thePerfon can prove any One Article, the other lliall be held to make good the whole ; according to the Ordination of Jbgue Logue^ and the Pundits of Methilla. If a Man hath accufed another of the Murder of a Man, or of a Robbery, or of Adultery, and ffiould fay, " You have in feveral Places been guilty of rthefe Crimes," and the Defendant denies the Accufation, in fuch a Cafe, if the Accufer ( 119 ) Accufer can prove upon the otlier the Commiflion of any One of thcie Crimes, it fliall be a Proof of the whole Complaint. If a Man brings a Suit againll another, faying, " I have intruded feveral Articles (orj I have lent a Sum of Money to your Father, or Uncle, or Grandfather," which he demands fhould be returned, and the other denies the Affair, faying, " 1 know not the lead of this Matter, prove your Claim, and receive it," in that Cafe, whatever Article the Plaintiff can prove he fliall receive, and whatever he cannot prove he ftiall not receive. When Two Perfons upon a Qiiarrel refer to Arbitrators, thofe Arbi- trators, at the Time of Examination, fhall obferve both the Plaintiff and De- fendant narrowly, and take notice, if either and which of them, when he is fpeaking, hath his Voice faulter in his Throat, or his Colour change, or his Forehead fweat, or the Hair of his Body dand ere6l, or a Trembling come over his Limbs, or his Eyes water, or if, during the Trial, he cannot dand dill in his Place, or frequently licks and moidens his Tongue, or hath his Face grow dry, or, in fpeaking to One Point, wavers and fhufHes olf to another, or, if any Perfon puts a Quedion to him, is unable to return an An- fwer ; from the Circumdances of fuch Commotions, they (hall didinguifh the guilty Party. In a Suit where One of the Parties, be it either Plaintiff or Defendant, produces a Writing, which the other doth not approve or allow, the PofTefTor of that Writing fhall not gain his Suit, until he can confirm it by Proof. The Mode of afcertaining a Writing is this, that he fliall produce another Copy of the Man's Writing, who, with his own Hand, drew out the Writing in Quedion, and fo prove its Authenticity, Z z If 1 20 If a Man brings a Suit againfc another, and can by any Means produce Troof of his Claim, the Caiife fliuU be decreed in his Favour. A Writing is of Two Sort^, Firll, that which a Man writes with his own Hand; Second, that which he procures to be written by another: Of thefe Two Sorts, that which is written by a Man's own Hand, even without Wit- nefies, is approved j and that written by another, if void of Witneffes, is not approved. When a Debror, having caufed his Bond to be wr'tten by another Perfon, and, having pruciiredWitnefles to it, hath borrowed Mon;y upon it, after thar, fuppofing that theWitnefs, who figned his Name upon the Bond, and he alfo, by whofe Hand the Bond was written, are both dead, and the Debtor and Cre- ditor alfo are dead, and a Difpute arifes between the Sons of the Debtor and Creditor concerning thisBond, theSon of theDebtor, faying, " i know Nothing of this Bond," then, if the Creditor, or Sons of the Creditor, at theTime when the Bond became due, had demanded their Money from the Debtor, in the Prefcnce of fome other Perfons, and had caufed the Bond to be read by Three or Four People, and can prove this Circumftance, the Bond is approved; but if any Article had been pledged, then, even without previous Demand of the Sum due by the Bond, before other Perfons, and without having caufed it to be read, the Bond is approved. If a Lender of Money fays to a Perfon, " A Debt due to me is outfland- ing in your Hands," and that Perfon denies the Debt, if at that Time the Bond is not in the Lender's Hands, but fhould be in fome other Kingdom, then, until he brings the Bond from fuch other Kingdom, the Suit lliall not be determined. If ( 121 ) If it fliould happen that a Bond in a Creditor's PoflciTion fliould hi burnt, or fome of the Letters in it are become invifible, or the Bond be ftolen from him, or by any Means be fpoileJ, and, upon Demand of the Sum due, the Debtor fhould refufe Payment, in thatCafe, the Creditor fhall bring any Peribn who had formerly feen the Bond, and fliall prove the Bond by his Evidence. If a Bond in a Creditor's PoffciTion fhould chance to be torn, or the Let- ters fnould be obliterated, or the Bond by any Means be fpoiled, the Creditor iliali caufe the Debtor, in fuch Cafe, to write a frcfli Obligation. If a Man hath, for any Reafon, executed a Bond, in the Name of another Perlbn, and borrowed a Sum of Money on Account of it, and afterv/ards, upon the Creditor's damanding Payment of the Man, from v/hom he received the Bond, that Perfon Hiculd anfwer, " I never borrowed any Money of you, if I have fo borrowed, produce my Bond," the Creditor fays, " You borrov/ed Money of me upon a Bond, written in the Name of another Perfon," which other Perfon fays, " I never borrov/ed any Money of you, but, as a ftrifl In- timacy fubfifted between the Borrov/er and me, he gave the Bond in my Name, and converted the Money to his ov/n Ufe," on a Difpute of this Nature, the Arbitrator fhall lirft examine the Connexion that fubfifted at the Time of the Execution of the Bond in Queftion, between the Borrower of the Money and him in whofe Name the Bond was pafled, and whether or no they are near Relations; from thefeTwo Circumftances he fhall form hisjudgment, and alfo from the Evidence of the VVitnefs v/ho originally attefted the. Bond. If a Perfon poflefTes the Title Deed of any Article, and another Perfon, by Intervention of his own, rendeis that Deed unapproved, in that Cafe, he who poflefles fuch a Writing fliall reduce it to Proof; but if that Perfon fliould be dead, after having applied the Article in Point to his own Ufe, the Son of that ( 122 ) that Perfon fliall not be held to prove the Title Deed, but fhall prove his Father's Uiufrud. If a Perfon, poflelTing the Title Deed of any Article, fhould die, without having applied that Article to his own Ufe, in that Cafe, his Son ILall be held to prove the Validity of the Title Deed. If a Lender of Money fhould fay to a Perfon, " You owe me a Sum of Money, I demand Payment," to which Demand that Perfon makes no Re- ply, after that, he again makes the fame Demand, and in like Manner receives no Kind of Anfwer, after a Repetition of fuch Demand for Pive feveral Times, if that Perfon fliould fay to the Claimant, " I owe you Nothing," upon fuch a Suit, the Magiflrate fhall caufe that Perfon to pay the Claimant the Money demanded. If a Plaintiff prefers a Claim, and the Defendant denies it, then, upon Proof of the Juftice of the Claim, the Magiflrate fliall caufe the Money in Difpute to be paid to the Plaintiff, and fhall alfo cxad a Fine from the De- fendant. If a Perfon, who hath brought a Suit againfl another, can afcertain his Claim, by the Evidence of WitnefTes, by a Writing, by Proof of Ufufru6b, by Opinion of Arbitrators, by the Purrikeh, or by an Oath, the Suit fliall be given . in his Favour : If he cannot prove it by any of thefe Means, he is culpable, ^ven if he acknowledges the Fault he has committed, he fliall flill be deemed culpable. SECT. ( »-3 ) SEC T. vir. Of Evidence, Whoever has fecn a Tranfadlion with his own Eyes, or has heard ic witW his own Ears, fuch a Perfon is a Witnefs. When a Plaintiff or Defendant have not applied to a Witnefs, who is confcious of any Tranfaflion, defiring him to appear 2S a Witnefs in their Caufe, if the Magiftrate, or Arbitrator, fummon fuch a Witnefs, and queftion him as to the Circumftances of the Tranfaftion, fuch Part of his Evidence as relates to what he has feen with his own Eyes, and heard with his own Ears, is approved. When a Perfon, being Witnefs of any Tranfaftion, hath explained the Circumftances of that Tranfaftion to another Perfon, the Plaintiff or Defend- ant may conftitute fuch Perfon as a Witnefs, to telllfy whatever was ex- plained to him by the other •, fuch Perfon is called a Secondary Witnefs •, and the Evidence delivered by fuch Secondary V/itnefs is approved. In a Suit concerning Limits and Boundaries, whoever is acquainted with the true State of thofe Limits and Boundaries, without being appointed Wit- nefs in the Caufe, may deliver in his Evidence. If a Plaintiff or a Defendant fecretly hides a Perfon where he may over-hear the Difcourfe, and then afks a Witnefs the true Circumftances of the Cafe, and that Perfon with his own Ears hears the Relation of the Witnefs, fuch Perfon is called a hidden Witnefs, and the Evidence of a hidden Witnefs is true. A a a Hfi ( in ) He wiio is a Witnefs fhall keep by him a written Statement of every Tranf- a61ion, in which he is aWitnefs, that, even after a confiderable Space of Time, he may b;; enabled to recolledt it. A Witness, a Eorrowcr, or a Principal in any other Affair, fhall write with his own Hand an Account of every Afi^air fo concerning him-, if he does not know how to write himfelf, he fhall caufe it to be written by another. SECT. VI IL Of Proper and Improper Rvide7ice. A Minor until Fifteen Years of Age, One fingle Perfon, a Woman, a Man of bad Principles, a Father, or an Enemy, may not beWitnefies; but if the Father and the Enemy are Men of good Difj3ofition, and Speakers of Truth, and Men are well acquainted with the Goodnefs of their Difpofition and Veracity, thefe Two Perfons may be Witnefies. He who regulates his A6lions by the Be'ids and Sheerut of che Shafter, Three fuch Men fliall be appointed Evidences; lefs than this Number fhall not be madeWitnefles ; and this Order is in the Chapter concerning Affairs of a long Space of Time. Men of every Tribe fliall appoint Witnefles from their own Tribe, as a Bramin fliall appoint a Bramin, a Chehteree fliall appoint a Chehteree; and fo in recrard to each Tribe, Men of the fame Tribe fliall he conflituted Witnefles; aWomanalfo fhall appoint a Woman her Witnefs ; but upon the Time of any Tranfadtion, if a Perfon of the fame Tribe happens not to be prefcnr, a Wic- ntfs I ( I2S ) nefs fhall be appointed from thofe upon the Spot, to whatever Tiibe they may- chance to belong. If the PLiintifFor Defendant, at their own Option, appoint a fingle Perfon only, known to be a Man of Veracity and good Behaviour, as their Witnefs, that fingle Perfon alfo may become a Witnefs ; alio a Perfon who is not of a good Difpofition, yet not fraudulently inclined, nor avaricious, if fuch a Per- fon be agreeable to both Plaintiff and Defendant, he may, though fingle, be a. Witnefs. If the SerivuiUree, or Brnmms learned in the Beids, give Evidence, Nine of them are required; if there are not Nine, there muft be Seven; if there are not Seven of them, there mufb be Five; if there are not Five of them, there mult be Four; if there are not Four of them, there muft be Three; if there are not Three of them, Two fliall give Evidence ; a fingle Brajttin, learned in ili^Beids^ cannot be a Witnels. A Bramin Serwuttsree^ or learned in the Beids^ a Devotee become very infirm, and a Sinajfee (hall not be Witneffes; but if thefe have feen a Qiiarrel between Two Perfons, and of themfelves deliver in Evidence, it is approved. He who hath killed a Man, or who is guilty of Theft, of Adultery, or of falfe Abufe, or who, enticing a Man to himfelf, by Treachery and Deceit, de- prives him of Life, and deltroys his Effe(fts, or whoever is a Juggler, and is Gondantly employed in Games of Dice and Chances, or whoever is a perpe-:- tual Wrangler, fuch Perfons fliall not be. Witneffes. A Sljvve of either Sex, a blind Man, a Woman, a Minor until FFfteen-) Years of Age, an old Man of Eighty Years, a Man affliifted with a Leprofy, One guilty of Murder, of Theft, of Adultery, or of falfe Abufe, or who, en- ticing ( 126 ) trcino- a Man to himfelf, by Treachery and Deceit, deprives him of Life, and deflroys his Effects, or whoever is conftantly employed in Games of Dice and Chances, or who is a perpetual Wrangler, or a Juggler, fuch Perfons, in Affiiirs of Murder, of Thefc, of Adultery, and of falfe Abufc, may not be WitnefTcs : In thefe Four Cafes, One fmgle Man of Veracity and good Conduft, with whofe good Difpofition and Love of Truth Men are well ac- quainted, may alone be a Witnefs. ' Supposing a Perfon to lend another Money fecretly, or fecretly to intrud his Property to the Care of another, in fuch Affairs, One fmgle Perfon is a lufhcient Witnefs. SECT. IX. Of the Modes of Kxami7ting TFit7ieffes, He who means to queftion a Witnefs, having bathed himfelf, fhall put his Qiieftions in the Tenth Ghurrie of the Day: The Witnefs alfo, having bathed himlllf, and turned his Face towards the Eafbern or Northen Quarter, lliall deliver his Evidence: The Examiner fhall afk the Witnefs (if a Bramin) with Civility and Rcfpeft, faying, " Explain to me what Knowledge you have of this Affair-," and to a Chehteree he fliall fay, " What do you know of this Affair? fpeak the Truth-," and to a Bice he fliall fay, " What do you know of this Afiair ? if you give falfe Evidence, whatever Crime there is in ftealing Kine, or Gold, or Paddee, or Wheat, ov Gram, or Barley, or Muflard, and fuch Kind of Grain, fhall be accounted to you i" and to a Socder he fhall fay, '' What do you know of this Affair? fpeak •, if your Evidence is falfe, what- ever Crime is the greateft in the World, that Crime fliall be accounted t^ you." He ( «27 ) He who means to take an Evidence fliall feparately explain the religious Merit of faithful Teftimonv, and the horrid Nature of the Crime of fa He Witncfs ; as that the Merit of a true Dcpoficion is greater than tlie Merit of a -Thoufand AJIjummecdJu^^gi : [An/JJhummeedJitgg is when a Pcrrfon, having commenced a Jugg^ writes various Articles upon a Scroll of Paper, on a llorfc's Neck, and difmilTes the liorfe, fending along with the Horfe a fiout and valiant Pcrfon, equipped with the befl Neceffaries and Accoutrements ta accompany the Horfe Day and Night, whitherfoever he ihall choofe to go; and if any Creature, cither Man, Genius, or Dragon, fhould feize the Horfe, that Man oppofes iuch Attempt, and, having gained theVidlory upon a Battle, a2:ain g'.ves the HoiTe his Fretdom: If any One in this World, or in Heaven, or beneath the Earih, would feize this Horfe, and the Horfe of hin":fcli comes to the Hcufi of il'i^ Ci-lcbrator of the Jugg^ U[)on killing that Horfe, he niUit throw tl'.e Flefii of him upon the Fire of the Juk^ and uticr the Prayeri cf h'S Deity; fuch ^Ji(7g is called a Jugg Afbumr,iezd^ and the Merit of it a^s a religious Work is infinite.) And the Crime ot falfe Witnefs is the fjme as if a Man had murdered a Brami,!^ or had deprived a Woman of Life, or had afTv-fTinated his Friend ; or of One, who, in return fur Good, gives Evil ; or v;ho, having learned a Science or Profefhon, gives his Tutor no Kev/ard; or of a Woman, who, having neither Son, nor Grandfon, nor Grandfon's Son, after her Hufband's Death, celebrates not the Serudeh to his Memory ; or of a Son, who celebrates not the Seradeh for his Father and Morher ; or of him, who, having received a Kindnefs, is always mentioning the Fauks of his Bene- fa(5tor, and conceals the Benefit received ; or of him, who forfakes any One of the Four Ifrum^ or Modes of Life: (The Four 7/?'/^;;; are a Ecrhemcharry^ a. Simjfee, a Bim Perhjl^ and a Houfliokkr ; of thefe the Btrhemchany, the Si- naffce^ and the Ban Perhjl:, have already been explained in the Chapter of Dnye Bkcig\ and a Floulliolder is he wlio hath a Wife, a Son, a Brother, and Grandfon; or, if he hath not theie, who neverthclefs keeps a Houfe.) Whatever B b b Crime { 128 ) Crime is incurred in fuch Anions as above-mentioned, the fame Crime is incurred by giving falfe Witnefs. In an Affair concerning Kine, if any Perfon gives falfe Evidence, whatever Guilt is incurred by tlie Murder of Ten Perfons, he becomes obnoxious to the Punifliment due to fuch a Crime, befides the Guilt already explained. In an Affair concerning a Horfe, if any Perfon gives falfe Evidence, his Guilt i> as great as the Guilt of murdering One Huadred Perfons. Besides Kine and Horfes, in an Affair concerning any other Animal thri hath Hair upon its Tail, if any Perfon gives falfe Evidence,, whatever Guilt i^ incurred by the Murder of Five Perfons, that Guilt fliall be imputed to him. In an Affair concerning a Man, if anyPerfon gives falfe Evidence, whatever Guilt is incurred by the Murder of One Thoufand Perfons, he becomes ame- nable to the Punifliment of fuch Guilt. In an Affair concerning Gold, if any Perfon giv'es falfe Evidence, whatever- Guilt would be incurred in murdering all the Men who have been born, or who fliall be born in the World, ffiall be imputed to him. In an Affair concerning Land, if any Perfon gives falfe Evidence, whatever Guilt would be incurred by the Murder of all living Creatures in the World, li^ Ihall be liable to the Punifhment due to fuch Guilt* Wherever fevcral Perfons areWItneffcs to One Point, the Arbitrators, at the Time of examining the Witneffes, fhall qucftion fuch Witneffes in a Body together, and fhall not examine them feparately, thefe Witneffes alio lliall all (deliver in their Evidence, at once, jointly. Wherever ( '-9 ) Wherever feveral Peifons are WitnefTes fcparateJy, and ro different Points^^ the Arbitrators, at the Time of examining the Evidences, fliull not qucftion any One of thefe Witnefics in the Prefence of the reft ; the WitnelTes alfo fliail each of them feparattly give their ow-n Evidence, out of hearing of the red. When a Witncfs is to give his Evidence, he fhall teftify, without having any Scruple of Doubt remaining in his Mind. When a Man is appointed a Witnefs, if he will not give his Evidence^ whatever Guilt is incurred by falfe Evidence, the fame Guilt fliall be impu:ed to himi and the Magiftrate fliall exad from him the fame Fine as from aPer- lon guilty of falfe Witnefs. If the Plaintiff or Defendant in a Caufe have appointed any Pcrfon a Witnefs, and afterwards fliould fay to him, "Whatever you know of our Cafe, tell it to anothcrPerfon," and theWitnefs upon this relates the Affair to another, afterw'ards, when the Arbitrator, having fummoned this Witnefs, proceeds to Examination, if that W^itnefs fhould fay, " 1 know not this Affair," in that Cafe, whatever is the Value of the Article in Difpute, he fliall pay a Fine of Eight Times as much: If a Bramin^ being appointed a Witnefs, fiiould be guilty of this Pra6lice, a Fine fliall not be exadled from him, but he fliall be banifhed the Kingdom. Wherever a true Evidence would deprive a Man of his Life, in thatCafc, if a falfe Teflimony would be the Prefervation of his Life, it is allowable to give fuch falfe Teitimony-, and for Ablution of the Guilt of falfe Witnefs, he; fliall perform the P^c/V^^ Serejhtee-, but to him, who has murdered aBramm, or (lain a Cow, or who^, being of the BrammTvibc, has drunken Wine, or has com- mitted ( 130 ) mitted any of thefe particularly flagrant Offences, it is not allowed to give falfe Wicnefs in Prefervation of liis Life. If a Marriage for any PL^rfon may be obtained by falfe Wicnefs, fuch Falfchood may be told-, as upon tlie Day of celebrating the Marriage, if oa that Day the Marriage is liable to be incomplete, for want of giving certain Articles, at that Time, if Three or Four Falfehcods be .ifierted, it does not fignifvi or ]f, on the Day of Marriage, a Man promifes to give his Daughter many Ornaments, and is not able to give them, fuch Failehoods as thcfe, if told to promote a Marriage, are allowable. If a Man, by the Impulfe of Luft, tells Li^s to a Woman, or if his own Life would otherwife be loft, or all the Goods of his Hoiife fpoiled, or if it is for the. Benefit of a Bramin, in fuch Affairs, Falfchood is allowable. In a Cafe v/here there are many "Witneffes, If, at the Time of Examination, moft of them give their Evidence for One Perfon, and One or Two of them depjfe in Favour of the other Party, the Evidence of the Majority is ap- proved; if of the whole Number of Witneffes Half depofe for One Side, and Half for the other, then the Evidence of any One of the Witneffes who is a Man of Science fhall be credited; if they are all Men of Science, the Evidence of him. among them who is the farthcft advanced in Knowledge is approved; if the Knowledge of all of them is equal, the Tcftimony of liim among them who regulates his whole Conduct by the Beids is approved; if they all regu- late their Conduft by the Bads, and the Evidence of fuch Men is contradic- tory, then fuch a Suit as this cannot be decided by theTeftiinony of Witneff- es ; but the Purrikeh muff be performed. In every Suit where there is a Witnefs and a Writing, or a Proof of Ufu- frudt, there fliall be no Obligation to perform the Purrikeh. If i '31 ) If either the PlaintifF or Defendant defame the Charafter of a Witnefs, whole Conduft is unblemifhcd, for fuch Defamation of a fpotlefs Character, the Magiftrate fliall exad a Fine from that Perfon. 0/ ^2pointi?2g Arbitrators more than once ; a?^d of the Mode of drawing up the State^nent of a Caufe. The Arbitrators, at the Time of having made an Examination, fliall write a Jee Pctr (J. e.) a Statement and Decree, and they fhall draw it up in this Manner : Firjl, They fnall write whatever the PlaintifF urged a^ the Matter cf his Claim. Seccttd. After that, they fliall write whatever z^nfv/er the Defendant gr.vc to that Plea; then they fliall ftate whatever Evidence was delivered in by the WitnefTes-, or, if aWriting was given in, they fliall exprefs the Contents of ic; ■or otherwile they fliall write the Circumftances of Ufufruft, or of 0[Mnion, or of the Purrikeh^ or of the Oath; afterwards they fliall write the Names of all tlie Arbitrators who were prefcnt: In this Manner, upon whatever Prin- ciple the Examination proceeded, fhall a Statement be drawn up, viz. We, being fuch and fo many Per fons, have made this Examination to the belt of our Knowledge. Every Caufe that comes to a Proof from the Face of a Writing, or from WitnefTes, and the Plaintiff and Defendant are wearied out with A'exation of C c c the ( »32 ) th-i Dilpute, the Arbitrators, at the Option of the PhiintifF and Defendant,, ihall adjuft and determine it. When the Arbitrators have made a thorough Examination, if he who is proved culpable goes afterwards with Complaint to a Magiilrate, the Magif- trate fliall not give him another Arbitrator j but fliould that Man alTert, that, *' The Arbitrators have committed Injuflice; if they have not committed In-- juftice, I will forfeit a Fine of double the Sum now in Difputej" upon a Pror pofition of this Nature, the Magiilrate may appoint other Arbitrators. If the Arbitrators have committed Injuftice, and the Plaintiff can bring this Matter to a Proof, then the Magiftrate fliall appoint other Arbitrators,, and fliall hold the former Arbitrators amenable. If a Man is convided by his own Words, and afterwards petitions the Ma-, ft rate for other j other Arbitrators, giftrate for other Arbitrators,. in that Gafe, tlie Magiftrate fliall not. give him^ If an Arbitrator hath made his Examination under the Impulfe of Lufl:; cr Enmity, or in Sicknefs, or through Fear, or Pofitivenefs, or Anger, it is not: r.p proved. SECT. XL Of Givi72g Prefere?2ce to a Claim, If the fame Article be fold, or pledged, or given away, at twice, to Two ctifltrent Perfons,the firfl: Tranfacftion is approved j in all other Cafes the latter. If ( ^33 ) It any Perfon, having fold any Article to One Pcrfon, fells the fame Thing afterwards to another; or, having pledged it once any where, pledges it a Second Time at another Place; or, having once given it to One, afterwards prefents it to another: then he who firft bought ir, or who firll: received it in Pledo^e, or to whom it was firft given, is to be believed ; and the lall Purchalcr, Pledgee, or Accepter, is not approved. If a Man hath borrowed Money from another upon Agreement for a fmall Interefc, and afterwards, at his own Option, conlc'-its to an increafed Raie of Interell, the former A!2;reement is to be believed. If a Man, having depoficcd any Article with One Perfon, fliould afterwards give the fame Thing as a Pledge, or fhould fell ir, or prefent it to another, then it fliall belong to him who bought it, or to whom it was pledged or pre- lented. If a Man,, having pledged any Article vv^ith One Perfon, fhould afterwards fell or give it away to another, in that Cafe, the Article above-mentioned fhall go to him who bought ir, or to whom it was given-, but he, in whofe Hands, ic was detained as a Pledge, fhall receive the Money due to him from his Debtor ; if the Debtor is dead, or hath abfconded, he Ihall receive the Sum of; his Debt, from him who hath bought the Article, or to whom it was givea,. CHAP; ( 134 ) C HAP. IV. Of Trufl or Depofte. 'Trujl or Depojtte is of Three Sorts* Firji^ When a Man intriifts his Property to another, upon this Confidera- tion, viz. That, if I depofite anyThing with this Man, I lliall moft certainly recover it again ; - Such Truft is called Neekheep. Second. When a Perfon from Sufpicion of the Magiftrate, or of Thieves, or from a Defire that his Heirs fliould not get Poflcflion, intrufts his Property to another: — This is called 'Neeajfj, Third. When a Man intrufts his Property to another, and that Perfon makes over the fame Property in Truft to a Second, informing him, at the fame Time, that fuch Property belongs to fuch a Perfon, and mirft be returned to him: — Such Truft is called Enahut, In the Place where a Man refid"s, it muft be inquired, whether he be of a good Family, of approved Condu6l, of religious Principles, and a Speaker of T'ruth, whether he be very rich, and hath many Friends and Relations j when thefe Circumftances are favourable. Property fhall be trufted to fuch a Perfon. Ira Man, having fealcd and marked his Property, hath delivered it inTruft to any Perfon, the Truftee, upon redelivering fuch Goods, fliall return thrm with the fame Seal and Markj if there be not the fame Seal and Mark, he fhall ( '35 ) {hall undergo the Purrikcb, or take his Oath concerning the Alttraticn of the Property in Trull. If a Perfon fhould make ufe of any Property intruded to him, or it be fpoiled for want of his Care and Attention, then, whatever Crime it is for a Woman to abufc her Hufband, or for a Man to murder his Friend, the fame Degree of Guilt fliall be imputed to him, and tiie Value of the Trufl: muil be made good. A Man ought not to take upon himfclf the Trufl of anothers Property^ if he accepts fuch Trufb, he muft prclerve it with Care, and return it upon the Firil Demand. If a Perfon hath intrufled any of his Property to another, and the Son of that Perfon faould demand the Property fo intrulled, the Trullee fliall not de- liver the Depofite without Order of the Father. If a Tslan who hath intrufted any Property to another fliould die, and the Son of the Deceaft;d does not demand his Father's Property, yet the Truftee ihall of himfelf deliver up the Trufl to that Son. If a Man hath received in Trufl the Property of another Perfon, and that Property, together \vith his own Effefts, fhould be fpoiled, in that Cafe, he fhall not make good the Penalty upon the Property in Qiieftion ; and if it be fpoiled by any unforefeenAccident, or by the Innovation of the Magiftrate, in that Cafe alfo, he ihrM. not make good the Value. If, at anyTime, in any Manner, the Property in Depofite be fpoiled by the Fault of the Truflee, he fhall make it good. Ddd If ( ^3^ ) If Property in Depofite fKould fall into the Water, or be burn' , or ftolcn, and the Truftee conceals any Part of it that may happen to have been faved, and this Circumftar.ee can be proved, in that Cafe, he fhall make good the whole Property. If a Perfon hath intruded his Prooertv to another for a fettled Time, or hath depofited it 'A'ith this i\greement, " That whenfoever the Necefllties of my own Affairs fhall caufe me to remand my Property, it fliall be returned to me," then, if according to fuch Promife, or theAppearance of the Depofitor's Affairs, Application be made, and theTruflee refufcs to deliver the Property, and after fuch Refufd it be fpoiled, the Truftee fhall make good all fuch Pro- perty, with IntereR- upon it; alfo., if, within the Time fettled, it be fpoiled by the Negligence of the Truftee, in that Cafe alfo, he fliall make it good with intei-eft. Tr a Perfon hath affociated to hi mfelf other bad Men, in the fraudulent and deceitful Concealment of Property intrufted to him, the Magiftrate fhall punifh ■* and fine the Truft.e, and caufe the Property depofited to be reftored to the Owner. If a Truftee docs not return to the Owner, upon Demand, the Property .depofited in his Hands, the Magiftrate ftiall fine him. If a Perfon hath borrowed any Thing from another, promifing to return it whenever the Bufinefs for which it was borrowed is completed, and then fraudulently and deceitfully detains it, the Magiftrate fhall caufe the borrowed Property to be returned to the Owner, and fhall fine the Borrower; alfo, if the Thing borrowed be not returned, after the Conclufion of the Bufinefs, and it ;fhould be afterwards fpoiled by any Accident of the Seafon, or any Innovation of ( 137 ) of the Maglftrate, the Borrower fhall make it good; and if, during the Time the Bufinefs is in Hand, it fhould be fpoiled by any unforefeen Accident, or Innovation of the Magiftratc, it fhall not be made good. If any Perfon hath given to a Workman, under a Stipulation, for the Pur- pofe of making Pots or Ornaments, or any Kind of wrought Work, Gold, :Silver,Tutenague, Copper, Brafs, or fuchKind of Metals, and the Workman fraudulently and deceitfully conceals it, in that Cafe, the Magiftratc fliall caule the Article to be returned to its Owner, and ftiall exa(5t a Fine from the Work- man; or upon the Workman's not having given the Thing within tlie Time ftipulated, if, after the Expiration of the Term of the Agreement, the Thing -fpecified be fpoiled by any Accident of the Sealbn, or the Injuftice of the M.i- .giftrate, theWorkman miift make it good; but if, within the Time flipulated, the Commodity ihould be fpoiled by any Accident of the Sealbn, or Innova- tion of the Magiflrate, it Ihall not be made good. If a Perfon employs in Trade the Property intruftcd to him, v/ithout Or- ders from the Owner to that Purpofe, the Magiftrate fhall take a Fine from* 'the Truftee, and caufe the Property in Truft to be returned with Intereft ; and if, without employing fuch Property inTrade, theTruilee fhould expend it, to furnifh himfelf with Vidluals or Cloaths, in that Cafe, he fliall repay the de- poficcd Property with Intereft, but he fliall not be fined. Ira Man is defirous to intrufl his Property to another, and that Perfon fays, *' I am not able to take charge of fuch Property," and, after a long Conver- fatlon and Debate, the Firft Perfon doth intruft his Property to the other^ and the Truftee employs that Property to find himfelf in Food and Cloaths, he iliall, in that Cafe, return whatever Property was intrufled to him, but he fliall not pay any Intereft upon it. If ( '3S ) If a Pcrfon, who hath not mtrufled his Property to another, fliould fay to him, "I have depofited certain Things to your Charge, return them to me,'*^ in that Caff, if the Demandant be poor, and hath always preferved theTenets of his Caft, he fhall pay to the Magiflrate a Fine equal to the Sum falfely claimed; if he is lich, and an Apoftate from th-e Piinciples of his Tribe, a. double Fine fliall be taken from him» If any Pcrfon hath out of Ignorance fpoiled any intrufled Property, then he who fpoikd that Property fliall not be obliged to make it good ; alfo, if hq fhould die, his Wife and Son fhall not be held to pay. C H A P, f 139 ) C II A P. V. Cf Selling a Stranger s * Property, Whoever fcils to any Man anothers Property, or Goods in Trull, or Pro- perty mortgaged, or Things borrowed, or loft Goods that lie hath found, or Things ftolen, or any Things of this Kind, being the Property of a Stranger, without Confent or Command of the Owner, is called AJloinumee Peikeree (i. e.) a Seller of a Stranger's Property. If. a Perfon, not being Owner of certain Property, fells that Property to another, or gives it away, or mortgages itj without Confent of the Owner, it is. not approved. If a Perfon, defcended from the fame Grandfather with the Owner of cer- tain Property, fhould fell or give away fuch Property, without Confent of the Owner, the Magiftrate fhall line him Six Hundred Puns of Cowries, and caufe the Property to be reftored to the Owner: — According to the Ordinations of Chendeefur, If a Perfon, defcended from the fame Grandfather with the Owner of cer- tain Property, caufes that Property to be brought by the Hands of a Stranger, and fells it without the Confent and Command of the Owner, then the Ma- giftrate fhall fine him in a larger Mul(5l than Six Hundred Puns of Cowries:-— According to the Ordinations of Ci^^;7i^(?A;n E e e If • A Stranger here means a Perfon In no Degree related to the Seller, ( HO ) If a Perfon, defcended from the fame Grandfather with the Owner of cer- tain Property, fliould himfelf produce that Property, or caufe it to be produced by the Hands of another, and fell it, or give it away, then the Magiftrate fliall fine him Six Hundred Puns of Cowries: — This Ordination is approved, ac- cording to the Ordinations of Phakooreey Meidbab-teetee, and Kulp-teroo, and PacheJJoputtee Mifr. If a Perfon, not defcended from the fame Grandfather with the Owner of certain Property, HiDuld of himfelf take any Thing out of the Owner's Houfe, and fell it, or give it away, without Conftnt or Command of fuch Owner, he fhall receive the fame Punifhment as a Thief: - According to the Ordinations of ChspJeefur. Ip a Perfon, not defcended from the fame Grandfather with the Owner of certain Property, fhould either of himfelf, or by the Hands of another, procure fuch Property, and fell or give it away, without the Confent or Command of the Owner, tlie Magiftrate fhall take from him the fame Fine as from a Thief: According to the Ordinations of Phakooree^ Meidhab-teetee, Kulp-teroo^ and P acheppil tee Mifr : — Approved. If a Perfon hath openly purchafed any Commodity from another, who was not the Owner of it, and afterwards the Owner fhould come and fay to the Purchafer, " This Property belongs to me," and fliould produce Proof of this, and if alfo he hath not given away, nor fold that Property to another, and likewife cm prove this, ani it fhould happen, that, becaufe the Seller of that Property lives in another Kingdom, the Purchafer cannot caufe him to appear, yet knows where the Seller lives, in that Cafe, the Purchafer fhall not be ame- nable •, but the Magiftrate fliall give the Property to the Owner, and caufe the Value thereof to be given to the Purchaf.-r. If ( HI ) If a Perfon hath openly purchafed any Commodity fi-om another, who was not the Owner of it, and at the fame Time does not know where tlie Seller refides, fo as to caufe him to appear, and afterwards the real Owner fliould come and prove his Property, and hath not given or fold it to any Pcrlbn, and proves this alfo, then the Purchafcr, taking Half the Value of the Property from the Owner, (hall reftore to him his own Property. If a Perfon out of Ignorance hath fold the Property of another, the Magif- trate fhall fine him S\x Hundred Puns of Cozvries; if he fold it knov/ingly, he fliali be punifhed as a Thief. If a Perfon hath openly fold any Commodity, and afterwards another Per^ fon fhould come and fay, " This is my Property," but at the fame Time cannot prove himfelf Ovvner thereof, the Magiftrate fliall punifli the falle Pretender as a Thief, and the Purchafer of the Commodity fhall retain it in Pofleffion. If a Man clandeftinely in his own Houfe, or without the Village, or in the Night-Time, or from a Man of general bad CJiaracter, fliould purchafe any Commodity, at a Rate inferior to the real Value, the Magiiirare fliall punifli the Purchafer as a Thief. If an indigent Man fells to another Perfon any Commodity that is not fuitable to the Seller's Condition in Life, in that Cafe, the Purchafer fliall be puniflied as a Thief, If a Perfon buys any Commodity from a Man who is not the Owner, and afterwards the real Owner flioiild come and lay, " This Commodity belongs to me, neither have I given or fold it to any Perfon," and this is alfo proved, and ( '42 ) and the Purchafer knows not where the Seller refides, and there alfo fhould* hipp-n to have been no Perfon prcient at the Time the Purchafe was made, upon a Difpute of this Nature, the Magiftrate Ihall caufe the piirchafed Com- modity to be returned to the Owner, and fhall take a Fine from the Purchafer, If a Peifon buys any Commodity from a Man who is not the Owner, and afterwards the real Owner (hould come and prove himfelf the Owner, and the Purchafrr fhould have it in his Power to produce the Vender, then there is no farther Connexion between the Purchafer and Vender; if the Vender is not upon the Spot, the Purchafer fhall fettle a ftipulated Time for caufmg the Vender to appear; then, upon the Vender's Appearance, the Magiftrate fhalL order him to pay to the Purchafer the Price of the Commodity, and caufe the Property to revert to the right Owner, and punilh the Vender as a Thief. If a Man, whofe Property hath been loft, or fquandered away, Ihould find fuch Property in any Stranger's Hand, and feize upon it, without acquainting the Magiftrate, he fliall be fined Ninety-fix Puns of Cowries, CHAP. ( '43 ) * CHAP. vr. Of scares, Sed. T. Of Shares of Trade in Partnerflilp. Se6l. II. Of Shares of Artificers. SECT. I. Of Shares of Trade in Part?ierJJjip, A Man of a reputable Caft, experienced in Bufinefs, induftrious, intelli- gent, and underftanding his Income and Expences, a Man of Virtue, and of a clean Charafter, and of Perfeverance in his Affairs, fuch a Man is to be chofeiv as a Partner in Trade. If Perfons have commenced a Partnerfliip in Trade, without a fettled Agree- ment concerning their refpeilive Shares in the Profit and Lofs, in that Cafe, they fhall underftand their Profit and Lofs to be in Proportion to the Stock; if they have commenced the Partnerfhip upon a fettled Agreement concerning the Shares of Profit and Lofs, they fhall underftand their Profit and Lofs to be according to the Agreement* • Trade fnall be carried on with fuch Perfons as have never been convifled of any fraudulent Pra6tices ; if, after the Commencement of the Partnerfliip, the Appearance of any Fraud in either of the Partners fliould arife, the Party fufpeded fliall clear himfelf by taking an Oath, or undergoing the Purrikeb. F f f ' If ( «44 ) If Stock of a Partneifliip iiiTrad) This has Four DiJiinEiions : Firjl^ Of what is not liable to be given away {/. e.) Adew. One Partner cannot give away Goods belonging to the Partnerfhip, with- out Confent of the Partners j but according to the Ordination oi Pachcjhputtee JVlifr, Sewarteh Behtacharige^ Jeimoot Bdbun, and Shree Kijhen 'Terkalungkar, it is thus explained, That, from the Goods in Partnerfliips, if anyPerfon gives away any Thing of that Part to which he has a Right, as his own Share, the Gift is approved, but the Donor is blamable : — Approved. If a Calamity Ihould happen to any Perfon, he may not give away his Wife to another Man, without that Wife's Confent ; if fhe is willing, he has Power to give her away. If a Man, during a Calamity, gives away or fells his Son to any Perfon, without the Confent of that Son, it is not approved j if the Son is willing, the Father has Power to fell or give him away. If a Man hath only One Son, and that Son is willing to be fold or given away, in that Cafe, even in Time of Calamity, the Father hath not Power to fell or give away his Son. G g g The ( h8 ) The Wife may not give away or fell her Son, without the Confcnt of her Hiifband J if flie fo gives away or fells her Son, it is not approved ^ if fhe hath her Mufl^jand's Order to give away or fell her Son, it is approved. A Person cannot give away or fell to any One the whole of his Property,, without the Confcnt of his Heirs ; if he fo (dh it, or gives it away, it is not approved , according to the Ordinations of TacheJIjpittee Mifr. If a Perfon,who hath an Heir alive, fells or gives away the whole of hisPro- perty, the Sale or Gift is approved j but it is to be imputed a Crime in the Vender or Giver; according to the Ordinations oi Shertee Shclr : — Approved. During the Life-Time of an Heir, even if that Heir be willing, yet then a Vti^OTi may not give away or fell the whole of his Property; according to the Ordinations of fume Ptiudits, whofe Names are not expreffed in the Compik- tion. A Person fliall not give to another any Thing pledged to himfelf ; if he gives it away, or fells it, it is not approved. A Person Ihall not give to another any Thing committed in Truft to him- felf i if he gives it away, or fells it, it is not approved. A Person, wlio hath borrowed any Thing from One Man, lliall not give away the Thing fo borrowed to another; if he fo gives it away, or fells it, it is not approved. If ( 1 49 ) If a Man (liali have told i^nother, " I will give you thisThing as a Prefci.t," that Man lliall not afterwards give away the fame Thing to a Second ^ if he id gives it away, or fells it, it is not approved. Second, Of v.diat is liable to be siven 'i. e.) Ben: If a Man's Property and Pofll-fllons are more than v/ill fiiffice to feed -and clothe his Dependants, fuch Overplus of Property and PolTcflions is liable to be given away ; if there is not more than is neceflfary for fuch Ufes, it is not liable to be given ; if he gives it away, the Gift is not approved, and ths Giver incurs a Blame, If a Man hath told another, " I will give you fuch a Thing," and after-' wards doth not give it, he is in Danger of Gehennum : Alio, if, after having given it, he takes back his Gift, in that Cafe, he goes to Hell, If a Man, not knowing the Objeclion of Want of Call in another, hath promifed to give him anyThing, and afterwards, upon difcovering his Difgrace, doth not give it, he is not in fault. If a Man, having defired of his own Free-Will to give any Thing to a Brajnin, doth not give ir, the Magiftrate fhall caufe him to give the Thing fpecified, with Interefl, and lliail alfo take from him a Fine. Third, Of what hath been once given cannot be taken back (i. e.) Butt a. If a Perfon pays Wages for Work v/hich he hath caufed to be done, he cannot take fuch Wages back £2;airL If ( ISO ) If a Perfon, by a Difplay of his Abilities, gives another great Satisfaflion, xvho, in confequence, makes him a Prefent, that Gift may not be taken back. When a Man hath purchafed any Article, he mufl, at all Events, pay the iPriceofit-, and, afterpayment, he Ihall not have Power to take it back. If a Perfon, upon the Marriage of his Son or Daughter, hath given any Thing, by way of Gratification, to the Son's Wife's Father's Family, or to •the Daughter's Hufband's Father's Family, he Hiall not have Power to take it back. If a Man gives any Thing to another who hath conferred an Obligation upon him, he fliall no: have Pov/er to take back his Gift. Ira Man, to his own Satisfaction, hath given any Thing to another who defcrved Favour, there is no Redemption. If a Man, in the way of Amity, gives anyThing to his Friend, he hath not the Power of taking it back. •& If a Man, out of Kindnefs,hath given ought to his Son, to his Grandfon, or to his Grandfon's Son, or any fuch Heir, he may not take it back again. Fourth, Of Gift unapproved (/. e.) Butt. If a Man, from a violent Impulfe of Fear, gives any Thing to another, it is not approved. If a Man, from a violent Impulfe of Anger, gives any Thing to another, it is not approved. If ( I5» ) If a Man, from a violent Impulfc of Lull, gives any Thing to another, it is not approved. If a Man, from violent Impulfe of Grief, gives any Thing to another Perfon, it is not approved. If a Man, having determined in his own Mind to give One particularThino- to any Perfon, by Miftake gives another Thing inftead, it is not approved (or valid.) If a Man jeftingly gives any Thing to another, it is not approved. If a Man hath determined in his own Mind to give any Thing to One Per- fon, and by Miftake gives it to another, it is not approved. If a Man,without knowing it, gives any Thing to another, it is not approved. If a Child, who cannot diftinguilh between Good and Evil, gives a Perfon any Thing, it is not approved. If a Perfon, who cannot diftinguifh his own Good and Evil, gives a Perfon any Thing, it is not approved. If a Son or Grandfon, during the Life of the Father or Grandfather, or a Servant, while he hath a Mafter, gives away any Thing, it is not approved. If a Man,who hath drunkWine until he is intoxicated, fhoiild, during that Intoxication, give any Thing to another, it is not approved. H h h If ( 15^ ) If an Idiot gives a Perfon any Thing, it is not approved. If a Perfon, whofe Relations are in abfoIuteWant of Food and Cloaths, gives any Thing to another, it is not approved. If a Man fays to another, " Do you perform myBiifinefs for me, and I will reward you for it," if that Perfon cannot do the Bufmels, the other Ihall not give him any Thing ; if he hath given him any Thing as Earnefl:, he may take it b ick ; if the Perfon will not return it, the Magiftrate fhall oblige him to Reftoration, and fhall fine him alfo Eleven Times as much. If a Perfon, having declared, that he would give Something to another for a religious Account, fhould die, his Sons Ihall give itj if it be not for a reli- gious Account, they ihall not give it. If a Man fays to another, " I will give you Something, if you can procure me a Witnefs on a falfeTeftimony, in a certain Affair," then, even if the other produces a Witnefs on the falfe Teftimony, the promifed Gift fhall not be made good •, if it was given before the Execution of the Bufmefs, it may be taken back. If a Man fays to another, " I will give you Something, if you are able to apprehend a Thief, or a Murderer, or fuch Kind of Criminals," then, even if the other fhould apprehend and bring fuch a Perfon, Nothing fhall be beftovved on that Account •, if any Thing had been given before the Bufinefs, it may be taken back. If any Perfon hath requefted and received any- Thing from another upon a rel gious Account, and doth not tiien fulfil that Ad of Religion, that Perfon ' may may take back the Thing given ; if by Force, or out of Avarice, it be not returned, the Magiftrate fhall caufe it to be given backj and fhall take a Fine from the Detainer. If a Perfon receives from another any of thofe Things which are not liable to be given away, the Magiftrate fliall fine him,. CHAP. ( 154 ) CHAP. VIII. Of Servitude. Sect. I. Of Appellations of Apprentices, Servants, Slaves, ^c^ Se6t. II. Of the Modes of Enfranchifing Slaves. Se6t. III. Of fuch as are Slaves, and pf fuch as are not Slaves, SECT. I. Of AppellalioTis of Apprentices^ ServantSy Slaves ^ ^c» Service is of Five Sorts, viz, 1. Shi/h. 2. Jniee Bqfljee, 3. Bhertuk. 4. jfldhegeerun Gerrut. 5. Dofs. The Firfl is when a Perfon is learning the Science of the Beids^ or any other ShaJleVy he is called Shijh ; and, until he hath learned the Science, he fhall perform Service for his Tutor •, and, during the Time he remains in his Tutor's Houfe to learn that Science, whatever Gain he may happen to acquire by fuch Science, his Tutor Ihall receive. The ( ^55 ) The Second is when a Perfon is learning; Painting?, or Dcfi'Tnin"-, or Needle-Work, or any other fuch Employment from an Inftru6tor, he is Culled ^niee Bajhee •, and while he is learning that Art, he fhall perform Service for his Mailer J and while he remains in his Mafter's Houfe, until he fhall hive learnt that Art, during that Time, whatever Gain he may happen to acquire by fuch Art, his Mafter fliall receive ; and if an Apprentice fhould foriakc his Mafter, who is without Fault, and Ihould go elfewherc to learn his Art, the Magiftrate fhall banifli fuch Apprentice from the Kingdom. The Third is Bhertuk^ which is Twofold i the Firft Arteh Bherut^ the Second Bhook Bherut, 1. When a Perfon, on receiving Wages, performs Service for it, that is called Arteh Bherut. 2. When a Perfon, peopling and cultivating the Lands of any other Man, takes a Part of the Crop, by way of Wagcjs, or who, upon breeding-up, for another Perfon, Kine, Buffaloes, and fuch Kind of Cattle, takes for his Wages the Milk, or fome of the Kine and Buffaloes aforefaid, that is called Bhook Bherut, The Fourth is when a Man takes care of his Relations and Family, that is called Adhegeerun Gerrut : From Servants of thefe Four Kinds no undue Service fhall be required j they fhall be caufed to perform only fuch Duty as is fuitable to their Cafl : Undue Service fliall be performed by the Dofs. Undue Service is as follows : To fweep and cleanfe the Houfe, the Court of the Houfe, the Doorway or Entrance, the Ncceffary, and other impure Places ; and in Times of Sicknefs to attend upon and cleanfe the Patient, after the I i i natural ( 156 ) natural Evacuations ; and to take away the Excrements, and to rub the Feet: Except thele Kinds of Service, all other Duty is fuitable and due. The Fifth is Bofs^ or Slaves •, and the Dofs is of Fifteen Species-: \. Whoever, is born of a Female Slave, and is called Gerhejat, 2. Whoever is purchafed for a Price, and is called Keereeut. 3. Whoever is found anywhere by Chance, and is called Luhdehee, 4. Vn^hoever is a Slave by Defcent from his Anceftors, and is called Dayavaupaki'J. 5. Whoever hath been fed, and hath had his Life preferved by another during a Famine, and is called Eenakal Behrut, 6. Whoever, hath been delivered up as a Pledge for Money borrowed,. and is called JhuL 7. Whoever, to free himfelf from the Debt of One Creditor, hath bor- rowed Money from another Perfon, and, having difcharged the old Debt, gives himfelf up as a Servant to the Perfon with whom the prefcnt Debt is contradcd; or whoever, by way of terminating the Importunities of a Cre- ditor, delivers himfelf up for a Servant to that Creditorj and is c^lkd Mookbud, 8. Whoever hath been enflaved by the Fortune of Battle, and is called Jcodcb Ferraput. I 0. Whoever becomes a Slave by a Lofs on the Chances of Dice, or oiher Games, and is called Punjeet -, according to the Ordinations oi Perkajh- kar ( ^57 ) Mar and Parrcejaut •, and according to the Ordination of Chendeefur ; u is thus : That by whatever Chance he is conquered, and becomes a Slave, he is called Punjeei .-—Approved. 10. Whoever, of his own Defire, fays to another, " I am become your Slave," and is called Opookut. 11. When a Chehteree^ or Bice, having become SinaJ[feey apoflates from that Way of Life, the Magiflrate fhall make him a Slave, and is called Perberja- hejheet, 12. Whoever voluntarily gives himfelf as a Slave to another for a fti- pulated Time, and is called Gheerut. 13. Whoever performs Servitude for his Subfiftence, and is called. Bhekut. 14. Whoever, from the Defire of pofTelTing a Slave Girl, becomes a- Slave, and is called Berhakrut. 15. Whoever, of his own Accord, fells his Liberty, and becomes a Slave,, and is called Beekreel, SECT. ( 158 ) SECT. II. Of the Modes of Kfifranchijlng Slaves, 'Whoever is born from the Body of a Female Slave, and whoever hath been purchafed for a Price, and whoever hath been found by Chance any- where, and whoever is a Slave by Defcent from his Anceftors, thefe Four S-pecies of Slaves, until they are freed by the voluntary Confent of their Maf- ters, cannot liave their Liberty j if their Mailer, from a Principle of Bene- ficence, gives them their Liberty, they become free. Whoever, having received his Vifluals from a Perfon during the Time of a Famine, hath become his Slave, upon giving to his Provider whatever he received from him during the Time of the Famine, and alfo Two Head of Cattle, may become free from his Servitude; according to the Ordinations of Pachejhptittee Mifr : — Approved. Chcndeefur, upon this Head, fpeaks thus; That he who has received Victuals during a Famine, and hath, by thofe Means, become a Slave, on giving Two Head of Cattle to his Provider, may become free. Whoever, having been given up as a Pledge for Money lent, performs Service to the Creditor, recovers his Liberty whenever the Debtor difcharges the Debt •, if the Debtor negleds to pay the Creditor his Money, and takes no thought of the Perfon whom he left as a Pledge, that Perfon becomes the purchafed Slave of the Creditor. Whoever, being unable to pay his Creditor a Debt, hath borrowed a Sum of Money from iinQther Perfon, and paid his former Creditor therewith, and hath ( 159 ) hath thus become a Slave to the Second Creditor, or who, to filence the Impor- tvinities of his Creditor's Demands, hath yielded himlelf a Slave to that Cre- ditor, fuch Kind of Slaves Ihall not be releafed from Servitude, until Payment of the Debts. Whoever, by the Lofs of the Chance in any Game, and whoever, by the Fortune of War, is enflaved, thefe Two Perfons, upon givingTwo others equal to themfelvcs in Exchange, are releafed from t-heir Servitude. If the Slave of One Perfon goes to another, and of his own Defire confents to be the Slave of that Perfon, in this Cafe, he muft ftill be the Property of the Perfon to whom he was firft a Slave: — The Mode of Releafe for every Kind of Slave fhall take place, according to the Ordination laid down for each. A Chehteree and Bice, who, after having been Sinaffees, apoftate from that Way of Life, and are become the Slaves of the Magillrate, can never be re- leafed. If a Bramin hath committed this Crime, the Magiftrate fhall not make him a Slave, but, having branded him in the Forehead, with the Print of a Dog's Foot, fhall banifh him the Kingdom. Whoever hath yielded himfelf a Slave for a ftipulated Time, upon the Completion of that Term, Ihall recover his Freedom. Whoever performs a Servitude for his Subfiflence Ihall recover his Free- dom, upon renouncing that Subfiftence. Whoever, for the Sake of enjoying a Slave Girl, becomes a Slave to any Perfon, he Ihall recover his Freedom, upon renouncing the Slave Girl. Kkk Whoever ( i6o ) Whoever hath become a Slave, by felling himfelf to any Perfon, he fliali not be free, until the Mafter of his own Accord gives him his Freedom. If the Mafter, from a Principle of Beneficence, gives him his Liberty, he becomes free. If a Thief, having ftolen the Child of any Perfon, fells it to another, or a Man, by abfolute Violence, forces another to be his Slave, the Magiftrate fliall reftore fuch Perfon to his Freedom. If the Mafter of a Slave fliould be in imminent Danger of his Life, and at that Time this Slave, by his own Efforts and Prefence of Mind, is able to fave the Life of his Mafter, the Slave aforefaid Ihall be freed from his Servitude, and be held as a Sonj if he choofes it, he may ftay with his former Mafter j if he choofes it, he fliall quit that Place, and go where he will at Liberty. Whoever is without a legitimate Child, and from the Seed of his own Body hath a Child from the Womb of a Slave Girl, that Girl, together with her Son, becomes free. When any PerfDn, from a Principle of Beneficence, would releafe his Slave,, the Mode of it is this ; The aforefaid Slave fliall fill a Pitcher withWater, and put therein Bcrenge-arook (Rice that has been cleanfcd without boiling) and Flowers, and Boob (a Kind of fmall Salad) and, taking the Pitcher upon his Shoulder, fliall ftand near hisMafter; and the Mafter, putting thePitcher upon the Slave's Head, fliall then break the Pitcher, fo that theWater, Rice, Flowers, and Dcob^ that were in the Pitcher, may fall upon the Slave's Body; after that, the Mafter fliall Three Times pronounce the Words, " I have made you free;" upon ( i6i ) upon this Speech, the Slave aforefaid fhall take fome Steps towards the Eaft, whereupon he Ihall be free. Whoever hath become a Slave to any Perfon, that Mafter is Proprietor of- any Property that Slave may acquire, exclufive of the Price of his own Sla- very, and exclufive alfo of any Thing which may be given to him as a Prefent. S E C T. riL Of fuch as are Slaves^ and of fuch as are not Slaves, If the Slave of any Perfon marries a Woman, that Woman becomes the- Slave of the fame Mafter, unlefs Ihe be the Slave of any other Perfon, If that Woman be the Slave of any Perfon, and her Mafter gives Confent to the Marriage, in that Cafe alfo, ftie becomes the Slave of her Huft^and's- Mafter. A Man of a fuperior Caft, if he is upright and fteady in the Principles of tlmt Caft, can never be the Slave to a Man of an inferior Caft, Slaves are made of the Three C^fts oi Chehteree^ Bke, and Sooder-, a Bramin can never be a Slave. If a Chehleree, a Bice^ or a Sooder, caufe a Braj77in to become a Slave, the Mapjiftrate ftiall exacSt a Fine from them of One Thoufand One Hundred Puns of Cowries. A Bramin cannot caufe another Bramin to become a Slave; but the Bramin^ who is learned in his Science, may caufe an unlearned Bramin to perform all proper ■> ( i'6^ ) proper Service for him, exclufive of thofe undue Services above defcrlbed -, and he who is well grounded in Science may alfo caufe fuch due Services to be performed, by thofe who are unprincipled in Science; according to the Ordinations oi Parreejatit and Helayoodeh: — Approved. Ltikkee Deher, upon this Head, fpeaks thus, That whoever, being a Bramrn, ads like a Ckehteree, a Bice^ or a Sooder^ fuch Kind of Bramin mull never caufe oiher Bramins to perform Duty or Service for him. If any Perfon obL'ges a learned Bramin^ againfb his own Confent, to per- form Labour and Service, the Magiftrate fhall fine him Six Hundred Puns oi Cowries. If a Bramin hath purchafed a Sooder, or even if he hath not purchafed him, he may caufe him to perform Service. The Chehieree, Bice, and Sooder, may each caufe their refpe(5tive Cafts to perform Service-, as a Chehteree may employ another Chehteree, a Bice may em- ploy another Bice, and a Sooder may employ another Sooder : As alfo a fuperior Cad may employ the inferior Caft; as a Bramin may employ a Chehteree, a Chehteree may employ a Bice, and a Bice may employ a Sooder, If a Man fells the Wife of a Bramin to any Perfon, or keeps her to him- felf, it is not approved ; the Magiftrate fhall releafe the Woman, cenfurc the Vender, and hold him amenable. If a Perfon, in Time of Calamity, fells his Slave Girl to another Perfon, .without her Confent, the Magiftrate Ihall fine the Vender Two Hundred Puns . of Cowries'. A Woman, C '65 j A Woman, who is 01' good Charader and Behaviour, and v, ho, coming to- a Perfon's Houfc, fixes her Abode there, fhall not be obliged to perform any Labour or Service, nor fliall flie be delivered over to any Pcrfon j if flie be obliged to perform Service, or be delivered over to any other Perfon, the Ma* giftrate fliall exafl a Fine from the offending Party, and releafe the Woman, If a Man commits Fornication with the Nurfe who brought him up, the Magiftrate fliall fine him Two Hundred and Fifty Puns oi Cowries. If a Woman, impelled by any Calamity, fliould come to any Perfon, and: remain with him, if he commits Fornication with thatWoman, the Masiftrate. Ihall fine him Two Hundred and Fifty Puns of Coiujies,. Lll CHAP. ( ^^4 ) CHAP. IX. Of Wages* Sed. I. Of the Wages of Servants, Se6t. II. Of the Wages of Dancing Women or Proftitiites, SECT. I. Of the Wages of Servants, Whatever Wages were promifed to a Servant, at the Time of his being hired, according to that Promife, Wages Ihall be paid. If a Man hath hired any Perfon to conduft a Trade for him, and no Agree- ment is made in regard to Wages, in that Cafe, the Perfon hired fhall receive One Tenth of fuch Profit. Ira Man hath hired any Perfon to attend his Cattle, and no Agreement is made in regard to Wages, in that Cafe, the Perfon hired fliall receive One Tenth of the Milk produced by the Cows. If a Man hath hired any Perfon for the Bufmefs of Agriculture (exclufive of driving the Plough) and no Agreement is made in regard to Wages, that Perfon Ihall receive One Tenth of the Crop produced. Where (^ '65 ) Where fcveral Perfons are employed in the Execution of Ot.e Piece of Bufiners, of the whole Wages paid for iuch Work, they fliall each receive 4 refpedtive Proportion, according to tlae Difference of their AlTiduity. If a Perfon hired for the Biifincfs of Agriculture (liould abfcond, the Ma, gillrate (hall cenfure him, and take a Fine from him. If a Perfon, receiving his Viduals in the .Hoiife of his Mafter, performs the Bufinefs of plowing the Ground, and noWages are ftipulated, in that Cafe, whatever Crop is produced from that Ground, the Perfon fo employed fhall receive One Fifth of that Crop; if he does not receive hisVidbuals at theHoufc; of his Mafter while he performs the Bufinefs of ploughing, he fhali receive One Third. Iv a Perfon, who is hired to bring up any domeftick Animals or Birds, (hould abfcond, the Magiftrate Iliallhold him amenable, and fhall cenfure him. If a Perfon, having received his Wages, doth not perform the Bufinefs for which he was hired, and at the fame Time is not fick, the Magiftrate fhall caufe him to give back to his Mafl:er whatever Wages he may have received, and ihall fine him in Double of that Sum. If a Perfon, not having agreed for Wages at the Time of being hired, fhall have performed the Bufinefs allotted him, upon which Bufinefs no Profit what- ever fhould arife, in that Cafe, according to the Wages that other People in the fame Kingdom receive for the fame Kind of Bufinefs, he alfo fliall receive Waoes at the fame Rate from his Mailer, - If ( i66 ) If a Perfon, not receiving hisWages, but making a Stipulation for the Pay- ment anil Proportion of them, is employed upon any Bufinefs, and, during the Time of fuch Employment, abfconds from his Bufmefs, without the Plea of Sicknefs, or any Calamity, the Magiftrate fliall fine him in whatever Sum was agreed upon for his Wages. If a Perfon, being hired to perform any Bufinefs, fl^ould forfike that Bufi- nefs, at a Time when but little of it remains unfinilhed, without the Plea of Sicknefs, or any Calamity, he fiiall not receive any Wages. If a Perfon, hath given another a Promife, faying, " I will execute your Bufinefs," and at the lame Time negleds to begin it, and, without the Plea of Sicknefs, or any Calamity, afterwards fiiould fay, " I fiiall not be able to execute your Bufinefs," in that Cafe, the Magifiirate fliall caufe him to per- form the Bufinefs; if, after the Order of the Magiftrate, that Perfon fiiill negledls to execute the Bufinefs, the Magiftrate fiiall fine him Eight Gold Coins, and, without giving him any Wages, fliall oblige him to perform the Work agreed for. If a Perfon, being allotted the Execution of any Work, fliould fall fick after he has begun the Work, and afterwards, upon his Recovery, goes on with the Performance of the Bufinefs, he fliall receive Wages alfo for the Tim.e of his Sicknefs. If a Man, by the Fault of his Mafter, forfakes his Service, in that Cafe, lie fliall receive proportionate Wages for whatever Number of Days he con- tinued in the Service. O I? ( »67 ) If a Servant, by his own Fault, fpoils any Thing belonging to his MaHcr, that Servant (hall make it good-, but if that Thing b^ fpoiied by any unex- pefted Calamity, or Innovation of the Magiftrate, the Servant fliall not pay for it. If a Perfon, without any Fault committed by his Servant, difchprgts the Servant, tiie Magiftrate fiiail take from that Perfon One tiundrcd Puuj of ■.powries, and caufe him to pay the Servant his Wages. If a Servant malicioufly hurts the Property of his Mafter, he Ihall give Twice as much to the Magiftrate for a Fine, and make good the Property of his Mafter. If a Servant, at the Command of his Mailer, commits Theft, or Murder, or any fuch Crimes, in that Cafe, it is not the Fault of the Servant, the Mailer only is guilty, Ira Beopar)\ hiring a Perfon to go to any fpecified Place, takes him along .>vith himfelf, and the Beopary^ having fold all his Goods on the intermediate •I^oad, difcharges that Perfon, in that Cafe, he fliall give himWages for what- ever Part of the Road he hath gone; and as to the Part of the Way agreed iiipon, which remains untravelled, he fhall give him Half of the ftipulatcd V/ages for that Part; and, if, as they are on their Journey to the Place fpeci- fied, any Perfon (hould hinder the Beopary from carrying his Goods, or .fliould Ileal them, in that Cafe, the Perfon hired Ihall receive Wages for that Part of the Journey already a.ccomplifhed, and for what remains unperformed, ;he ihall receive Nothing. M m m If { 168 ) If a Perfon, going on a Journey, takes another with him, and this Perforj fliould fall fick upon the Road, or is unable to travel on Account of Fatigue, in that Caie, the Perfon who took him fhall remain Three Days upon the Spot, in waiting for him ; if he does not thus wait for him, the Magiftrate fhall fine him. If a Perfon, without receiving Wages, or Subfiftence, or Cloaths, attends Ten Milch Cows, in that Cafe, he (hall feled, for his own Ufe, the Milk of that Cow, whichever produces the moftj and if he attends more Cows than thole, he fhall take Milk, after the fame Rate, in lieu of Wages. If a Perfon attends One Hundred Cows, for the Space of One Year, with- out any Appointment of Wages, in that Cafe, by way of Wages, he fhall take to himfelf One Pleifer of Three Years old ; and alfo, of all thofe Cows that produce Milk, whatever the Quantity may be, after every Eight Days, he fhall take to himfelf the Milk, the entire Produce of One Day. If a Perfon attends Two Hundred Cows, for the Space of One Year, with*- out Appointment of Wages, in that Cafe, after every Eight Days, he fhall take to himfelf the Milk, the entire Produce of One Day j and alfo, by way of Wages, One Cow in Milk, and her Calf. Cattle fhall be delivered over to the Cowherd in the Morning -, the Cow- herd fliall tend the Herd the whole Day with Grafs and Water, and in the Evening fhall redeliver them to the Mafter, in the fame Manner as they were intrufled to him •, if, by the Fault of the Cowherd, any of the Cattle are huxt cr ftolen, that Cowherd fhall make them good. When ( i69 ) When ^ Perfon is employed, Night and Day, in attending Cattle, if One of them, by his Fault, fliould be hurt, he fliall make it good. If a Thief takes away, by Violence, a Cow or a Buffaloe, in the Owner's Sight, and the Cowherd, as foon as lie knows the Circumftance, makes a violent Outcry, but is not able to preferve them, it is not to be imputed the Fault of the Cowherd j and, if in that Country, or in that particular Spot, any Calamity fhould happen, during which Time the domeftick Anim.als come to any Damage, it is not to be imputed the Fault of the Cowherd, the Lofs fliall fall upon the Owner. If a Cowherd drives away any Cows, Buffaloes, and fuch Kinds of Cattle, to feed, or on any Account carries them to another Place, he Oiall guard thofe Cattle, to the utmoft of his Power, from any Accident of Flics, Thieves, Tigers, Pits, Rocks, or any fuch Kind of Misfortune •, if he is unable to proteft them from thefe Accidents, he fhall, with a loud Voice, give Notice to the People there, or to the Owner of the Cattle ; if he does this, no Fault Jies upon the Cowherd •, but if he negleds to ad in this Manner, he fhall make good the Cattle, and the Magiflrate fliall fine him Thirteen Puns ofCo'wries, If a Cowherd fhould go to his own Floufe, or to any other Place, and leave any fick Cattle upon the Plains, the Magiftrate fhall cenfure him. If a Cow, or Bufl^aloe, or any fuch Kind of Cattle, fliould die of any Slck- nefs, while the Cowherd, knowing the Remedy proper for fuch Sicknefs, neglefted to adminifter it, the Magiftrate fhall cenfure him, and caufe him to give fuch an Animal to the Owner of the Herd; he fhall alfo fine him Thirteen Pirns of Cowries, and caufe the proportionate Part of his Wages to be paid him, Whem- ( 1^0 ) When a Cowherd hath led the Cattle to a diftant Place to feed^ i-f it happens, that One, or Two, or more of thofe fhould die of fome Diftemper, notwithftanding the Cowherd applied the proper Remedy, in that Cafe, the Cowherd Ihali carry the Head, or Tail, or Fore or Hind Foot, or fome fuch convincing Proof taken from that Animal's Body, to the Owner of the Cattlqj ■having done this, he lliall be no farther anfwerablej if he negleds to a6t thus, he fhall m.ake good the Lois. S JE C T. II. Of the Wages of Dancing TVo^nen or Pi'ofitutes. ■If a Proftitute, after having received Hire from any Perfon, neglefbs to ^o to him, whatever Money llie received, fhe ihall return back Twice as much-, but if the Perfon who hired her does not require her Attendance, io confequence, the Money he hath given her IhaU npt be returned. If a Proftitute or Dancing Woman, having, at her own Requeft, received Hire from any Perfon, fliould be fick, fatigued with any Bufinefs, or melan- choly on Account of any Calamity, or in waiting upon the Bufinefs of the Magiftrate, at fuch Times, if the Perfon aforefaid requires her Attendance, and the Proftitute is unable to go, it is not her Fault; but, after her Recovery, or after the Termination of the Calamity, or after Difmifiion from the above-mentioned Bufinefs, fhe lliill attend him-, if flie then negleds to go, .fhe fhall give back Double of the Hire fhe received. If a Perfon, having fettled the Sum to be given, hath hired a Proftitute, and attempts to commit any unnatural Ad: with her, he fhall give her Eight Times ( nl ) Times the Sum ftipulated, and pay a Fine alfo of Eight Times as much to the Magiftrate. If any Perfon verbally agrees with a Proflitute, and fays, " I will employ you," and gives her Hire upon his own Account, but afterwards, infb^rad of employing her himfelf, caufes feveral other Men to enjoy her, in thai Cafe, he iliall pay her Eight Tinies as much as the Sum (lipulated, and pay a Fins alfo of Eight Times as much to the Magillrate. If a Man hath mentioned One particular Perfon's N'ame to a Proftitute, and, having given her a ftipulated Flire in that Perfon's Name, carries her to another Man, the Magiftrate ihall fine that Man One Mafljeh cf Gold (V^ of AJkrujie.) If a Man, having agreed with a Proftitute for her Hire, goes to her accord- ingly, and afterwards does not pay her the ftipulated Sum, then whatever Hire he had agreed to give, he ftiall pay Double of that Sum to the Woman, and a Fine alfo of Double of the fame Sum to the Magiftrate. If a Perfon, having agreed for the Hire of a Proftitute to himfelf, takes a Number of Men with him to thatProftitute, and there enjoys her, in that Cafe, whateverHire he had agreed to pay, he fliall give her Double of fuch Hire for every Perfon whom he carried with him; and in like Manner ftiall pay Double of fuch Hire for every ftngle Perfon to the Magiftrate as a Fine. If a Bherooah (/. e.) a Pimp or attendant Mufician upon Proftitutes, and a Proftitute have any Difpute, the Miftrefs of the Girl ftiall fettle the Difpute. N n n CHAP. ( 172 ) CHAP. X. ' Of Rent and Hire. If a Perfon, paying Rent and Hire, builds a new Houfe upon the Lands of any Stranger, and lives there, in that Cafe, whenever he quits that Place, and pays np his Rent without a Balance, he may do what he pleafes with the Houfe. If a Perfon, without paying Rent, builds a new Houfe upon the Lands of a Stranger, and lives there, in that Cafe, at the Time he quits that Place, he may not difpofe of the Houfe at his own Pleafurej the Owner of the Land fhall alfo become Owner of the Houfe. If a Perfon liath hired any Thing for a ftipulated Time, he fhall pay the Rent accordingly. If a Perfon hath hired any Thing from another, he fhall continue to pay the Hire for it, until he returns it to the Owner.. If a Perfon hath hired any Thing from another, and does not apply to any Ufe the Things hired, he muft pay the Rate of Hire for it, and be held to re- turn it to the Owner. If a Perfon, 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 Houfe, does not pay it, tiie Magiftrate fhall caufe fuch Rent and Hire to be paid. ( ^7Z. ) If a Perfon hath nired any Thing from another, and the Thing fo hired, without any unexpeded Calamity, or Innovation of the Magiflrate, be fpoiled by the Fault of that Perfon, he fhall make it good; if it be damaged by any natural Accident, or by the Innovation of the Magiftrate, he fhall not make it good. CHAP. ( '74 ) C H A P. XL Of Purchafe and Sale. Se6l. I. Of the Vender's not delivering up to the Purchafer the Commodity fold, and of the Magiftrate's caufmg him to deliver it. Sedt. II. Of Returning or not Returning Articles purchafed. SECT. I. Of the Vender s not delivering up to the Purchafer the Com" modityfold^ and of the Magiftrate s caufmg hi^n to deliver it. If a Perfon hath fold to any One, Glebe Land, or Houfes, or any fuch Property, and, having received the due Value for it, forcibly detains the Pre- mifes fold, and himfelf expends the Profit arifmg upon them, upon the Pur- chaier's laying a Complaint of this Nature before the Magiflrate, that Magif- trate fnall caufe the purchafed Premifes, and alfo the Profit accruing upon them, to be delivered over to the Purchafer-, and if, at the Time of entering upon the Premifes, the Price has fallen, with refped to the Tim.e when the Purchafe was made, he fliall caufe fuch Overplus of Price alfo to be given back to the Purchafer, by the Vender ; bur, if the Price hath rifen, the Vender fhall not receive fuch Difference of Price, and the Magiftrate fhall alfo fine the Vender One Hundred Puns of Cowries. If t ^75 ) If a Perfon fells any Thing, except Glebe Land, to any One, and, having received the due Value, forcibly detains the purchafed Commodity, and himfcif expends the Profits arifing upon it, upon the Purchafer's carrying a Complaint of thisNature before the Magiftrate, that Magiftrate fhall caufe the Commodity- bought to be delivered over to the Purchaferj and alfo whatever Profit tlierc- upon accruing, which the Seller has applied to his own Ufc ; and if, at the Time of delivering up thePurchafc, the Price of fuch Commodity has fallen, with refpecfl to the Time when the Purchafe was originally made, tiie Vender .{hall alfo make good fuch Difference of Price, and Hiall pay to the Magiitrate a Fine of One Hundred Pu/is of Ccivrics. Ira Perfon, having fold any Thing to a Merchant who is gone into'anothcr Country to trade, hath received the due Value for it, and then forcibly dcrains the purcbafed Commodity, in that Cafe, upon the Merchant's preferring-a Complaint of this Nature to the Magiitrate, that Magiftrate fliall caufe the purchafed Commodity to be delivered to the Buyers and alfo whatever the pre- fent Profit falls fliort of that Profit which the Merchant would have gained by felling it in another Kingdom, at the Time of his making the Purchafe, the Magiftrate fhall caufe that Diff'erence alfo to be made good to the Pur- chafer, and fhall likewife take to himfelf, as a Fine, One Hundred Puns of Cowries : This Ordination is according to Beeba-dur 1'u7inagurkar: —Approved. If a Perfon hath purchafed any Thing with Agreement to take away the Goods the fame Day, and hath fettled a Day of Payment, and the Vender alfo confents to this, yet does not deliver up the Goods on the Purchafer*s De- mand, upon the Purchafer's preferring a Complaint of this Nature to the Ma- giftrate, that Magiftrate fhall caufe fuch Goods to be delivered to the Pur- chafer, and fhall alfo make the Vender give up whatever Advantage he may have enjoyed, arifing from the Goods fo detained, "xxid fliall fine him moreover Ooo One ( 176 ) One Hundred Puns of Coivries^ but the Purchafer (hall be held to pay accord- ing to the Stipulation ; neverthelefs, if, with refped to the Time of the Pur- vhilV, the Price is fince fallen, tlie Vender (hall make it good. If a Perfon, having purchafed any undamaged Commodity, afterwards re- turns it back to the Vender, at whatever Price the Purchafc was made, the Vender fhall detain One Tenth of fuch Price, and return the other Nine Parts to the Purchafer, receiving back at the fame Time the purchafed Goods. If any Perfon hath fold any Commodity to another, and does not deliver up fuch Commodity to the Purchafer upon his Demand, after which the Com- modity receives any Damage, the Vender ihall make It good. If a Perfon hath fold any Commodity to another, and the Purchafer doth not make demand for the Goods purchafed, which Goods are afterwards da- maged by the Vender's Fault, the Vender fhall make good the Lofs; but if the Damage arifes from any Calamity of the Seafon, or from any Innovation of the Magillrate, the Vender fliall not make good the Lofs. .;, If aPerfon, producing to another aCommodity without Blemifh, and, havir^g llipulated for a Price according to the Value of fuch Commodity, afterwards gives to the Purchafer damaged Goods, in that Cafe, the Magi ft rate fhall caufe the Vender to give Double of fuch Price to the Purchafer, and himfelf alfo jhall take from the Vender Double of fuch Price as a Fine. If a Perfon, confcious of a Blemifh in his Goods, conceals that Blemifh when he fells thofe Goods, in that Cafe, the Magiftrate fliall caufe the Vender to give Double of the Price of the Goods to the Purchafer, and himfelf alfo fhall take from him the fame Sum as a Fine. u «( »77 I 79 ) If a Perfon purchafcs of any One, Camels, Bullock?, AHes, or fuch ICiflds of Beads of Burthen, and in Five Days any Dcfe6l fliould be found in them, they may be returned within that Space of Five Days >, if F'l'h: Days are pad, they mufl; never be returned i if they were infpedted at the 'Fime of Purchafe, the Purchafer fhall not have Power to return them, even within Five Days. If a Perfon, without Infpedlion, purchafes of any One, Cows, or Cow Buf- faloes in Milk, and any Defeat is found on them in Three Days, they may be returned within that Space of Three Days •, if Three Days are pad, they mull never afterwards be returned-, if the Purchafe was made upon Infpeclion, the Purchafer fliall not have Power to return them, even within Three Days. If a Perfon hath bought a Slave of any One, and in Fifteen Days any Defc(5t be found in him, he may be returned within that Space of Fifteen Days -, if Fifteen Days are paft, he can never afterwards be returned; if he was infpecft- ed at the Time of Purchale, he may not be returned, even within Fifteen Days. If a Perfon hath bought Grafs, or Fuel- Wood, or Bricks^ or Paddee, orWhcat, or Barley, or any other Grain, or Wine, or Honey, or Gbee^ 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 Affus^ or Aftringent, or Shaddock^ or Tamarinds, and otherThings, of the Species of Acid, or Salt, or Cloth, or Gold, or Copper, or Tin, or Tutenague, or White Cop- per, or Brafs, and any Defed fhould be found in them the fame Day, they may be returned within the Space of that Day; if that Day be paft, they can never afterwards be returned; if the Purchafe was made on Infpedion, they mult not be returned, even within the fame Day. P p p If ( i8o ) If a Man piirchafes old Cloaths, he muft never return them. If a Perfon,who is always employed in buying and felling various Sorts of Commodities, and is v^rell fl^illed in that Bufmefs, fhould purchafe any Thing, he Hial] not at any Time have Power to return it upon a Difcovery of a Defeft, CHAP. ( iSr ) C H A P. xir. Of Boundaries and Limits, To afcertain Boundaries, upon the Confines of thofe Boundaries muft be planted the Male and Female 5j«j^« Tree, or the Plafs Tree, or the Seemul (Cotton Tree) or the Said^ or the Toddy Tree, or the Zukkoom Tree, or the /-»//(« Tree, or the J5^;?/^ 1. Land Wade for Two Years, or One Year, which is called Arde Kheel^ HalfWafte. 2. Land Wafte for Three Years, or Four Years, which is called Kheel^ or Wafte. 3. Land Wafte for Five Years, or whatever longer Time it may happen, fuch Land is called Jungle. If a Perfon makes over to another, for the Purpofe of Cultivation, Land that has been wafte for One or TwoYeats, and that Perfon, having, by careful Management, improved the Ground, fhould raifc a Crop from thence, in that Cafe, of the whole Crop io railed, One Sixth fhall go to the Owner of the Ground, and the remaining Five Sixths fhall belong to the Cultivator ; if this Perfon above-mentioned, having agreed to talce Land of the other, for the Purpofe of Cultivation, lliould afterwards negledt either to cultivate it him- felf, or to caufe it to be cultivated by others, in that Cafe, whatever Crops other Lands in the fame Place, fimilar ?:o the Lands fpecified, fhall produce upon a Medium, the Cultivator fhall give to the Owner of the Ground the Proportion of One Sixth of fuch Medium Crop, and the Magiftrate alfo fhall take from the Cultivator a Fine of the fame V alue. If ( ^91 ) Tp' a Man makes over to another, for the Piirpore of Cultivation, Land that Ras been wade for Three Years, or for Four Years, and that Pcrfon by Ini- provement of the Soil raifes a Crop there, in that Cafe, of the whole of the Crop fo raifed, One Eighth (hall go to the Owner of the Ground, and the re- maining Seven Eighths fhall belong to the Cultivator; if this Perlon above- mentioned, having agreed to take Land of the other, for the Purpofe of Culti- vation, fliould afterwards negleft either to cultivate it himfelf, or to caufe it to be cultivated by others, in that Cafe, whatever Crops other Lands in the feme Place, fimilar to the Lands fpecified, fhall produce upon a Medium, the Cultivator fliall give to the Owner of the Ground the Proportion of One Eighth, of fuch Medium Crop; and the Magiilrate alio fhall take from the Cultivator a Fine of the fame Value., If a Man makes over to another, for the Purpofe of Cultivation, Land that, has been wafte for Five Years, or for any longer Period whatever, and that Perfon, by Cultivation,, raifes a Crop there, in that Cafe, of the whole of the Crop fo raifed. One Tenth fhall go to the Owner of the Ground, and the re- maining Nine Tenths fhall belong to the Cultivator; if this Perfon above- mentioned, having agreed to take Land of the other, for the Purpofe of Cul- tivation, fliould afterwards ncgleft either to cultivate it himfelf, or to caufe it to be cultivated by others, in that Cafe, he fnall pay the proportionate Value and Fine,, in the Manner above fpecified. If a Perfon, by any Reafon rendered incapable, neglecfls to till his own Ground, and another Perfon, without his exprefs Permiffion, fhould cultivate fuch Land, after it has been wafle One Year, or TwoYears, or Three Years, or Four Years, and raife 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 Cafe, if the Owner of the Ground, within the Space of Seven Years, S. f £ hadij ( 192 ) 'hath not furnllhcd the proportionate Expence of cultivating the Land, he may not reclaim his Land; but the Cultivator fhall be held to give to the Owner of the Land a Proportion of the Crop, after the Manner above fpecified •, if he gives not fuch Proportion, the Owner of the I^and may reclaim his Pro- -perty, even within Seven Years-, aifj, upon having furnifhed no Part of the Expence of Cultivation, afterSevenYears, the Owner of tJieLand may take back, his Ground: In the fame Manner, if Land be cultivated, after lying wafte for pive or more Years, and ths Owner of the Land, within the Space .of Eight Years, hath not furni(hed the proportionate Expence of Cultivation, he may not reclaim his Land, he fliall recover it after the Ninih Year-, if Land that -is not wafte be cultivated, in that Cafe, the Owner may take back his Land, &t his own Pleafuce. Upon the Death of any Perfon, if any other (liould cultivate the Land of the Deceafed that has been wafte far One, Two, Thne, or Four Years, and jailed a Crop from thence, in that Cafe, if the Heirs of the Deceafed, within the Space of Seven Years, have not furniftied the Expence of cultivating that wafte Land, they may not take the Ground from that Perfon-, but the Culti- vator fhall give to the Heirs of the above-mentioned Deceafed a Proportion, in the Manner already fpecified; if he hath not given fuch Proportion, the Owner of the Land may recover his Land, within the Space of Seven Years ; ilfo, after the EighthYear, if the Heir above-mentioned hath not furniftied the Expence, he may take his Land: In the fame Manner, ii Land be cultivated, after lying wafte for Five or more Years, and the Heir aforefaid hath not to the EighthYear furnilhed the Expence of cultivating theWafte Land, he fliall not have Power to take his Land from that Perfon, he may reclaim it after .the Ninth Year, at his own Pleafure. When a Perfon is abfent upon Travel, if another fhould cultivate his Land, ^after it has lain wafte One, or Two, or Three, or FourYears, and ftiould raifea Crop ( 193 ) Crop from thence, In that Cafe, if neither the Pcrfjn aforefaid, nor his Heirs, within the Space of Seven Years, have furniflied the Expence, upon cultiva- ting fuch waile Ground, that Ground may not be taken from the other Per- fon ; but the Cultivator fliall pay to the Perfon aforej'aid, or to his Heir, a Proportion, after the Manner above fpecificd; if he does not give fuch Pro- portion, in that Cafe, the Owner of the Land, or his Heir, within the Space of Seven Years, may take the Land-, alfo, after the Eighth Year, if the Perlon aforefaid, or his Heir, have not furnifhed the Expence, upon cultivating tiieWafbeLand, they may recover the Land: In the fame Maimer, if Land be cultivated, after lying wafte for Five or more Years, in that Cale, if that Per- fon aforefaid, or his Heir, within the Space of Eight Years, hath not fur- nifhed the Expence, upon cultivating fuch Walle Land, they may not reclaim the aforefaid Land, they Ihill recover it after the Ninth Year. If a Perfon gives to another, for Cultivation, Land that is not wafte, who, by Cultivation, raifes a Crop from thence, in that Cafe, of the whole of that Crop, One Sixth fhall go to the Owner of the Ground, and he fliall give the remaining Five Sixths to the Cultivator -, if this Perfon above- .mentioned, having agreed to cultivate the Land of fuch other Perfon, fliould afterwards negledl either to cultivate it himfelf, or to caufe it to be cultivated by others, in that Cafe, the Cultivator fhall pay the proportionate Value and Fine, in the Manner above fpeclQed, in the Section of the Cultiyation of Wafle i-.and. If a Man gives to any Perfon, for cultivating, Land wafte or not wafte, :he may not take it back from that Perfon, without fome Fault found in him. If a Man is defirous to cultivate the Land of any other Perfon, who does not give his Confent for the Cultivation of the fame, and, wit'iout any Dif- courfe having pafTed between them, that Man fhould cultivate the Land, -and raiie ( 194 ) raife a Crop from thence, the whole of fuch Crop fhall go to the Owner of the Ground, and the Cultivator fhall receive Nothing. If a Man fows Seed upon his own Ground, and by any Chance whatever fome of that Seed Ihould fall upon another Perfon's Ground, and a Crop fhould arile from thence, that Crop fhall go to the Owner of the Ground,, and not to the Owner of the Seed. If a Man hath fowed Seed upon his own Land, and any other Perfon^ fhould fpoil that Seed, in that Cafe, the Magiftrate fhall chaftife that Perfonj. •and take a Fine from him, and caufe him to make good to the other the Seedi fo fpoikd CHAP. ( I9S ) CHAP. XIV. Of Cities and Toivm; and of the Fines for damaging a Crop. Wherever Men of the Tribe of Sooder, and Hufbandmcn are verv nume- rous, and where there is much Ground fit for Tillage, luch Place is called Gram., or a Town* A Place that hath Eight Cofe in Length and Breadth, and an 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 Eafl or North Side thereof a hollow or covered Way, fuch Place is called Ni^her, or a City: In the fame Manner, if it hath Four Cofe in Length and Breadth, it is called Kbeet^ or a fmall City ; and if it hath Two Cofe in Length and Breadth, it is called Gherbui^ or a fmall City. The Road for pafTing and repafllng lliall be at theChoice of the Inhabitants fFalo, or a Horfe, or a Camel, or any other Animal, bfing iinder the Care of a Keeper, hath eaten the Crop upon the Ground of any Pcr- Jbn, in fuch a Mannrr that there is not any Crop upon that Ground, in that Cafe, the Mag! llrate {!-> all fine the Keeper to the utmoft of his Worth-, if the ^tepcr is unable to pay a Fine, in that Cafe, the Mi^giflrate fliall take a Fine {ram ( '99 ) from the Owner, and fliall chaftife the Keeper, and fliall caufe the Crop to be made good to the Owner of the Ground. If a Horfe, or a Camel, or a Buffalo, or any other Animal belonging to any Perfon, hath eaten the Crop upon another Man's Ground, and this Man makes a Demand for his Crop, in that Cafe, that Perfon fliall make good fuch Crop, .and fliall alfo give whatever Qiiantity of Grafs may arife 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 fuch Crop from the Owner of the Cow; if he takes the Equivalent, he is entitled to it, but it is nevcrihclefs a Crime in him. During the Time that a Keeper is tending Kine, Buffaloes, or fuchK'nd of Animals, if at fuch Time he attends the Summons of the Magifirate, or is ftricken by Lightning, or bitten by a Serpent, or falls down from a Tree, or is carried off by a Tiger, or becomes fick, during thefe, or any fuch Kind of Accidents, if the Kine, Buffaloes, or any other Animals, eat the Crop on any Perfon's Ground, in that Cafe, the Keeper fliall not be amenable; alfo, if, while the Owner himfelf was tending his Kine, Buffaloes, or other Animals, any fuch Accidents fliould happen to him, and the Animals aforefaid fliould cat the Crop on any Perfon's Ground, the Owner of the Animals fhall not be amenable. A Bull, to whom Cows are driven for leaping, in Expeftation of their pro- ducing Calves, fuch Bull is called BeejeJJmkta; if luch Bu 1 eats the Crops ijpon any Perfon's Ground^ the Owner or Keeper of the Bull fliall not be amenable. U u u A Bull, ( 2 00 ) A Bull, upon whole Rump, at the Time of the Seradeh^ or Feflival of an)it Pel !bn, they make a Scar, and let him loofe, fuch Bull goes wherever he choofesj no Perlbn performs the Office of Keeper to fuch Bull; the Name of fuch Etull is Bereefochsrg: If this Bull eats the Crop upon the Ground of any Perfoni, the Owner of the Bull fliall not be amenable. If a Cow belonging to one Town hath been loft, or hath ftrayed to any otHec Town, and there eats the Crop upon the Ground of any Perfon, in that Cafe, the Owner and Keeper of the Cow fliall not be amenable. Ira Cow, having brought forth a Calf, before the Elapfe of Ten Days from the Time of her calving, fliould eat of the Crop upon the Ground of any Peifon, in that Cafe, the Owner and Keeper of the Cow fballnot be amenable. When a Cow, from her own Impulfe and Inclination, is accompanying a Bull to be leaped by him, if, at fuch Time, the Cow aforefaid fhould eat of the Crop upon the Ground of any Perfon, in that Cafe, the Owner and Keeper of the Cow fhall not be amenable. If a Cow, or a Horfe, or a Buffalo, or a Camel, or any other Animal, being blind or lame, fhould eat the Crop upon any Perfon's Ground, the Owner and'Keeper of fuch Animals fhall not be amenable. If the Magiftrate's Elephant, or the Magiftrate's Horfe, fhould eat the Crop npon the Ground of any Perfon, the Owner and the Keeper thereof fhall not be amenable. If- ( aoi ) If a Weafel, or a Moufc-, or a Rat, or any fuch Kind of fmall Anima], or a. Mule, fliould eat of the Crop upon the Ground of any Perlbfi, the Owner and Keeper of thefe Animals fliall not be amenable. If a Cow without a Keeper, being frightened at feeing an Army, or by a Thunder Storm, or any other Accident, fhould run away, and eat the Crop upon the Ground of any Perfon, the Owner of that Cow fhall not be amenable. If a Man hath laid up Hay in a Garden, or any other Place, to feed his own Cattle, and another Perfon*s Cow, or Buffalo, or any other Animal, fliould eat that Hay, or fliould eat the Crop upon any Man's Ground, or fliould go into any Man's Houfe, or Garden, or tilled Land, upon fuch Fault, that Perfon has Power to catch and bind the aforefaid Animals, and may alfo flightly beat them; if, without fuch Fault, any Perfon fliould catch and bind the aforefaid Animals, or beat. them,, the Magiflirate, in that Cafe, fliall hold him amenable*. CHAP. ( 202 ) CHAP. XV. Of Scandalous and Bitter Exprejfions^ {x.^.fuch Exprefftons as it is a Crime to utter.) If a Man falftly accufes another, ic is called Puk-Parijh. Sed. I. Of the Denominations of the Crime. Sed. II. Of the Punifliment for the Pak-Parijh. SECT. I. Of the Denominations of the Crime^ conf fling of Three Difiin&ions, I. "When a Man utters fuch ExprefTions, as that, from thofe ExprtfTions, any Perfon becomes fufpedted of the Jtee Patuk^ or the Maha Patuk, or the Aitoo Patuk. Atee Patitk is, when a Man commits Inceft with his own Mother, or with :his own Daughter, or with his Son^s Wife. l^^iha Patuk is, when a Man murders a Branmi, or when, being a Bramin^ he drinks Wine; or when any Perlon fteals Eighty AJhrnfies from a Bramin •, or when a Man commits Adultery with any of his Father's Wives, jexckifive of his ( 203 ) his own Mother, or with the Wife of a Brawin-, when a Man hath committetl any One of thefe Crimes, fuch Crime \s coMcd M)ka PfJuk : Whoever con- tinues intimate with fuch a Perfon, for the Space of One Year, his Crime alfo is AUlpa Paitik. The Modes of Intimacy are as follows, z-iz. If a Perfon hath difcourfed with fuch Kind of Offenders, or hath contami- nated himfelf by touching them, or hath fat in the fame Place to eat with them, or fits upon the fame Carpet with them, and fleeps there, or rides together with them in the fame Carriage and Conveyance-, if fuch Intimacy- continues for the Space of One Year, it is Mahci Patuk. If a Perfon eats at the fame Table with a Man guilty of Maha Putuk, or, by drefling Victuals for a Man guilty of Maha Patuk^ gives him to eat, or teaches any Science to a Man guilty of Maha Patuk, in fuch Cafes, an Inti- macy of a fingle Day is Mahci Patuk, Anoo Patuk is, when a Sooder, afTuming the Braminical Thread, calls hlmfclf a Bramin\ or when a Man falfely accufes a faultlefs Magillrate; or when a Man, by falfe Reports, makes his Father infamous; or when a Man reads any un- orthodox Sbajier, and forgets the Beids of the Shajler ; or when a Man utters any Abufeagainfl xht Beids-, or when a Man murders his Friend, or gives falfc Teflimony, or eats the Vidluals of the Waiherman's Cafl, or of the Shoe-Em- broiderers Cad, or of any other bafe Call; or when a Man fpoils another Per- fon's Goods committed to his Truft; or when a Man deals a Man, or a Florfe, or Money, or Land, or Diamonds, or any other Jewels; or when a Man com- mits Adultery with his Paternal Uncle's Wife, or with his Grandfatlier's Wife, or with his Wife's Mother, or with the Magidrare's Wife, or with his Father's Sifter, or with his Mother's Sifter, or with tlie V/ife of a Btwmn who X X X hatk { 204 ) hath read the Beids^ or with his Tutor's Wife, or with his Friend's Wife, or with the. Wife of a Pcrfon defcended from the fame Grandfather with himfelf, or with the Wife of a Man of a fuperior Caft, or with the Wife of a Man of a bafe Call, or with a Bramiii's unmarried Daughter, or with any Woman during her Catamenia^ or with a Woman employed in the Worfhip of Providence i every One of thefe Cvim^s \% Anoo Patuk. 2. When a Man falfely accufes another, in fuch a Manner that he becomes fufpefted of the Opoo Patuk, OpDo Patuk is, when a Man hath flain a Cow ; or when a Man fells himfelf, or commits Adultery with another Man's Wife, or forfakes his Father, or his Mother, or his Spiritual Guide, or his Son, without any Fault on their Side; or when a Man, having commenced 2ijugg for his whole Life, relinqulfhes that Jugg; or when any Bramin fludies not the Beidsi, or when a Man marries while his Elder Brother remains unmarried; or when a Man marries his Daughter to fuchaPerfon; or when a Man gives the Younger Sifter in Marriage while the Elder Sifter remains unmarried; or when a Man thrufts his Finger into the Pudendum of an unmarried Virgin ; or when a Man, not being of the Bice Caft, engages in Trade while no Calamity obtains ; or when a Bramin, or Chehteree, having commenced any religious A6t, neglects to complete it; or when a Man fells his Wife, or his Son, or his Daughter, without their Confent; or when a Bramin, a Chehterce, or a Bice, negleiSls to aftlime the Gentoo Tliread at the pro- per Period; or when a Man refufes to eat and drink with Men defcended from the fame Grandfather with himfelf, whofe Chara6lers are unimpeached; or when a Man accepts any Money to inftru6l another in a Science; or when a Man learns any Science of fuch a Perfon; or if a Bramin, a fingle Time, fells Wax or Salt, or the Seed of the Kunjud (from whence Oil is made;) or if a i?r^;»/;7, as aforefaid, is twice guilty of felling Milk; or, in the Place where Salt is boiled, ifai5r7, as aforefaid, becomes Proprietor of fuch Place; or when ( 205 ) When any Pcrfon fpoils the Plantain Tree, or any fuch Kind of Tree, whicfi dies after the Fruit has once ripened on itj or when a Man takes to himfclf a Livelihood from the Money earned by a Woman; or when a Man perform^? the 7«^^ to procure the Death of any Perfon j or when a Man caufes any Perfon to take a Philter, that he may procure an unwarrantable Power over fuch Perfon i or when a Man cuts a great Number of live Trees for the PUrpofe of drefling his Vidtualsj or when a Man drefTes Vidluals for himfclf alone; or when a Man eats his Viftuals at the Hands of an Aftrologer, or from a Man of the Cafl of Deiool, or from a Thief; or when a Man will not pay his Debts; or if a Bramin negleds to perform the Juggtvtxy Day; or when a Man fteals Paddee^ orWheat, or Gram^ or Doll, or any fuch Kinds of Grain, or Iron, or Silver, orBrafs, orCopper,orany fuch Kind of Metals, except Gold; or when a Man lludies fuch Kind of Shajler as is not orthodox with refpedl to Providence; or when he conftantly gives up his Time to Dancing, Sing- ing, and Playing upon Mufical Inftruments; or when a Man commies Adul- tery with a drunken Woman; or when a Man deprives of Life a Woman, or a Man of the Bice^ or Chehteree^ or Soodsr Cafl; or when a Man has no Regard for his latter End, and for religious A6ts; all thefe Crimes are OpoQ Patuk, 3. When a Man utters fuch ExprefTions, in Behalf of another, as that he becomes fufpedled of Jatee Bherun Kujhker, or of Sbunkeree Kurrun^ or oi Abater ee Kurrutti or of Melabhooy or of Perkernnkka.. Jatee Bherim Kujljker is, when a Man does any Injury to a Bramin-^ or when a Man fmells at Wine, or Garlick, or Onions; or when a Man hath not a pure Heart towards his Friend; or when a Man ftrikes any Perfon on the Buttock. Sbunkeree Kurrun is, when a Man flays an Elephant, or a Florfe, or a Camel^or an Afs, or a Stag, or a Sheep, or a Goat, or a Buffalo, or a Snake, or a Fifh. Apaieref ( 206 .) 'jfpateree KurruH is, when a Man receives any Goods from a Perfon of bad Charader; 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. MelMoois, when a Man deprives an Ant of Life, or kills a Bird ; or when a Man fteals Fruit, or Faggots, or Flowers-, or when a Man is not pofTefled of Patience; or when any Perfon is drinking Wine, if another Perfon, during that Time, at the fame Feaft, eats Fruits, or any other Vicfluals. Perkernukka is, any Crime exclufive of the AteePattik^ and other Eight Sorts of Crimes, which have been above fpecified. — Of thelc Three Diftindlions of the Pak-Parijh, which have been explained, under Nine Subdivifions of Crimes, the feveral Punilhments fhall be defcribed refpedbively. SECT. II. Of the PuniJIjment for the Pak-Pari/h^ or Scandalous and Bitter Kxprejfw72s. If a Man, who is of an equal Cad, and of equal Abilities with another, makes him become falfcly fufpefted of the Crime oi Jtee Patuk, the Magiftrate fhall fine him One Thoufand Puns o^ Cowries. If a Man of an inferior Caft to another, and alfo of inferior Abilities, falfely makes him fufpe<5ted of the Crime of Atee Pkuk, the Magiftrate fiiall fine him Two Thoufand Puns oi Cowries, If { 207 ) If a Man of fuperlor Cad, and of fuperlor Abilities to another, falfcly caufes him to be fufpeded of the Crime of Atee Patuk^ the Magiftrate fhall fine him Five Hundred 'Puns of Cowries, Whoever faUely accufcs a Woman of the Crime of A/ee Patuk^ the Magi- ilrate Ihall fine him Two Thoufand Puns of Cowries. If a Man of an equal Caft, and of equal Abilities with another,fairely accufej him, fiiying» "You have committed the Cv'imt of Maha Patuk^'* the Magiftrate fliall fine him Five Hundred Puns of Cowries. If a Man of inferior Cail:, and of inferior Abilities to another, caufes him to be faifely fufpeded of the Crime of Maha Patuk^ the Magiftrate lliall fine him One Thoufand Puns of Cowries. If a Man of a fuperior Cail, and of fuperior Abilities to another, makes a falfe Accufation of the Crime of Maba Patuk againft him, the Magiftrate ftiall fine him Two Hundred and Fifty Puns of Cowries. If a Man faifely makes Accufations of the Crime of Maha Patuk againft a Woman, the Magiftrate fliall fine him One Thoufand Puns of C^wiics. If a Man of an equal Caft,and of equal Abilities with another, faifely accufes him, faying, " You have committed One of the Crimes of .'f/';*?^' P^;//^/^," the Magiftrate fliall fine him One Hundred Puns of Cowries. &' If a Man of an inferior Caft,and of inferior Abilities to another,falfely accufes him of the Cumt of Anoo PHtuJk, the Magiftrate fnall fine him Two Hundred Puns of Cowries. Y y y If ( 2o8 ) If a Man of a fuperlor Caft, and of fuperior Abilities to another, falfJy accufes him of the Crime of Anoo Patuk, the Magiftrate fliall fine him Fifty Puns of Cowries. If a Man falfely atcufes a Woman of the Crime of Ajioo Patuk, the Magi- ftrate fhall fine him Two Himdred Puns oi Cowries. Ira Sooder falfely accufes a Bramin, or a Chehteree^ or a Bice^ of either of the Crimes of Jtee Pdtuk, or Maha Patuk^ or Anoo Patuk, the Magiftrate fhall cut out his Tongue, and thruft a hot Iron of Ten Fingers breadth into his Mouth. If a Man of an equal Cafl, and of equal Abilities with another, falfely ac- cufes him of any of the lefTer Crimes of the Opoo Patuk^ the Magiflrate fliall fine him Fifty Puns of Cowries. If a Man of an inferior Cafl, and of inferior Abilities to another, falfely accufes him of any of the lefTer Crimes of the Opoo Patuk^tht Magiflrate fhall fine him One Flundred Puns of Cowries. If a Man of a fuperior Cafl, and of fuperior Abilities to another, falfely accufes him of any of the lefTer Crimes of the Opoo Pdtuk, the Magiflrate fhall fine him Twenty-fiveP^^;/j of Ctwries. If a Man falfely accufes a Woman of any One of the lefTer Crimes of the Opoo Pdlukj the Magiflrate fliall fine him One Hundred Puns of Cowries. If ( 209 ) Iv a Man of an equal Cafl", and of equal Abilities with another, falfcly accufes liim of any One of the nK-diumCrimes of the Opos Patuk^ih^ Magiftrate fhall fine him Two Hundred and Fifty Puns of Coivries. If a Man of an inferior Cafl, and of inferior Abilities to another, falfcly accufes him of any One of the medium Crimes of the Opi'^P^////^, the Magillrate fliall fine him Five Hundred Puns of Coiiries. If a Man of a fuperior Cafl, and of fuperlor Abilities to another, falfely accufes him of any One of the mediumCrimes of the Opco Palt(k,ihe Magiftrate fhall fine him One Hundred and Twenty-five Puns of Cowries. If a Man falfcly accufes a Woman of any One of the medium Crimes of the Opco Faluk, the Magitlrate Iliali fine liim Five Hundred Pu!js of Coivries. If a Man of an equal Cafb, and of equal Abilities with another, falfely accufes him of any of the greater Crimes of the Opoo Patuk, the Magiflrate fhall fine him Five Hundred PunS ofCoivries. If a Man of an inferior Call, and of inferior Abilities to another, falfely accufes him of any One of the greater Crimes of the Opco Piituk, the Ma^i* flrate fliall fine him One Thoufand Puns of Cozvries. If a Man of a fuperior Cafl, and of fuperior Abilities to another, falfely accufes him of any One of the greater Crimes of the Opoo Paluk, the Magi- flrate fiiall fine him Two Hundred and Fifty Puns of Cowries,. Is ( 2IO ) If a Man falfdy accufes a Woman of any One of the greater Crimes of the Opoo Patuk, the Magiftrate fliall fine him One 'Jlioufand Puns of Ccwries. If a Man of an equal CaO:, and of equal Abilities with another, falfely ac- cufes him of any One of the IcfTcr Crimes of the jalee Bherun KtijJjker^ or of the Shunkeree Kurrmj^ or of the Apaterei Kurrun, or of the Mdlhhoo^ or of the Ferkernukkdj the Magiflrate fhali line him Twer/iv-fivc Ptms of Cczvries. If a Man of an inferior Caft, and of inferior Abilities to another, falfely ac- cufes him of any One of the leillr Crimes of ihc/alee Bherun Ku/kker^ or of the Shunkeree Kurrim, or of {hQJoatcrce Kurn:n, or of the M-Dbhoo^ or of the Perker^ Jiukka^ the fvluiiillrate fa^li fine him Fifty Puns of Cczvries. If a Man of a fuperlor Cafl", and of fuperior Abilities to another, falfely ac- cufes him of ail) One of the kfl'vrr Crimes of lIic Jillee Bherun Kti/hker, or of the Shunkeree Kurrun, or of the Jpateree Kurrun^ or of the Melahhoo^ or of the Perkernukkci^ the Magiflrate fhall fine him One Hundred Puns of Cowries. If a Man falfely accufes a Woman of any One of the leffer Crimes of the Jatee Bherun Kufhker^ or of the Shunkeree Kurrun^ or of tht Apateree Kurrun, or of the MeVahhco^ or of the Perkernukh\ the Magiftrate llull fine him Fifty puns :of Cowries. If a Man of an equal Cafb, and of equal Abilities v/ith another, falfely ac- cufes him of any One of the medium Crimes of the J alee Bherun Kujhker^ or of thQ Shunkeree Kmrun, or of i\ie. Apateree Kurrun^ or of iht Alelubhoc, or of t!ie Perkernukka., the Magiftrate fhall fine him OneFIundred and Twenty-five PiY/7J rof Cowries. If 211 ) If a Man of an inferior Caft, and of inferiorAbilities to another, falfely ac- cufes him of any One of the medium Crimes of the Jalee Bherun Kujhker, or of the Shunkeree Kurrun, or of the Apateree Kurrun, or of the Melabhoo^ or of the Perkernukkciy theMagiftrate (hall fine himTwo Hundred and Fifty P«;w of Cc':e;rr>j. If a Man of a fuperior Caft, and of fuperlor Abilities to another, falfely ac- cufcs him of any One of the medium Crimes of the Jatee Bherun KujlAer^ or of the Shunkeree Kurrun, or of the Afateree Kurrun^ or of the Mdahhoo^ or of the Perkernukka, the Magiftrate ihall fine him Sixty-two Puns of Cowries. If a Man accufes a Woman of any of the medium Crimes cf the JaUe Bherun Kujbker, or of the Shunkeree Kurrun^ or of the Apateree Kurrun, or of the Melahhoo^ or of the Perkernukka^ the Magiftrate fliall fine him Two Hundred and Fifty Puns of Cowries. If a Man of equal Caft, and of equal Abilities with another, falfely accufes him of any One of the greater Crimes of the Jatee Bherun KuJJjker^ or of the Shunkeree Kurrun, or of the Apateree Kurrun , or of the Melabhoo, or of the Per- kernukka, the Magiftrate ftiall fine him Two Hundred and Fifty Puns of Cciy- ries» If a Man of an inferior Caft, and of inferiorAbilities to another, falfely ac- cufes him of any One of the greater Crimes of the Jatee Bherun Kujhker^ or of tlie Shunkeree Kurrun, or of the Apateree Kurrun, or of the Melahhoo, or of the Perkernukka, the Magiftrate ftiall fine him Five Hundred Puns of Cowries. If a Man of a fuperior Caft, and of fuperiorAbilities to another, falfely ac- cufes him of any One of the greater Crimes of the Jatee Bherun KuJJjker, or of the Shunkeree Kurrun^ or of the Apateree Kurrun, or of the Melabhoo, or of the Z z z Perkernukka, ( 212 ) Perkenndka, the Magiftrate ihall fine him One Hundred and Twenty-five Puns of Cowries. If a Man fallely accufes a Woman of any One of the greater Crimes of the, Juiee Bherun KuJJjker^ or of the Shunkeree Kurruny or of the Apateree Kunun, or of the Melabhooy or of the Perkernukka, the Magiftrate ihall 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 3 Nofe, or any other Member, and a Perfon of an equal Caft, and of equal Abi- lities with him, (hould fay to him, in a reproachful Mannner, " You are defi- cient in a Hand, or a Foot, or an Ear, or an Eye, or a Nofe, or any other Member," or Ihould fay to him, " Such Limb of yours is very beautiful," the Magiftrate fhall fine him Twelve Puns of Cozvries. If a Man be deficient in a Hand, or a Foot, or an Ear, or an Eye, or a Nofe, or any other Member, and a Perfon of an inferior Cafl", and of inferiorAbilities to him, Ihould thus fay to him, in a reproachful Manner, " You are deficient in a Hand, or a Foot, or an Ear, or an Eye, or a Nofe, or any other Mem- ber,'* or fhould thus fay, " This Limb of yours is very beautiful," in that Cafe, the Magiftrate fhall fine him Twenty-four Puns of Cowries. If a Man be deficient in a Fland, or a Foot, or an Ear, or an Eye, or a Nofe, or any other Member, and a Perfon of a fuperior Caft, and of fuperior Abilities to him, fhould thus, in a reproachful Manner, fay to him, " You are deficient in a Hand, or a Foot, or an Ear, or an Eye, or a Nofe, or any other Member," or fliould thus fay, " This Limb of yours is very beautiful," in that Cafe, the Magiftrate ftiall fine him Six Puns of Cowries, If ( 213 ). I If a Woman be deficient In a Hand, or a Foot, or an Ear, or an Eye, or g, Nofe, or any other Member, and a Man fliould reproachfully hy to her, " Yoit are deficient in fuch Limbs," or, " Such Limb of yours is very beautiful,'* in that Cafe, the Magiftrate fhall fine him Twenty-four Puns of Cowries. If a Man of an equal Caft, and of equal Abilities with any Perfon, who is well fl<:illed in any ProfefTion, fhould fay to him, by way of fetting off his own Excellence, " You have no Skill whatever," the Magiftrate, in that Cafe, Ihall fine him Two Hundred Puns of Cowries. If a Man of an Inferior Caft, and Inferior Abilities to any Perfon, well flvilled In any Profeflion, fhould fay to him, by way of fetting off his own Ex- cellence, " You have, in fadl, no Skill whatever," in that Cafe, the Magiftrate Ihall fine him Four Hundred Puns of Cowries. If a Man of a fuperlor Caft, and fuperiorAbilities to anyPerfon,well fkilled in any ProfefTion, fhould fay to him, by way of fetting off his own Excellence, *' You have no Skill whatever," in that Cafe, the Magiftrate Ihall fine him One Flundred Puns of Cowries. If a Man fpeaks reproachfully of any Country, as, " That Country is moft particularly bad," the Magiftrate fhall fine him Two Hundred Puns of Cowries, If a Man lliould fay of a Bramin, that, " This Man is no Br^.min" or of a Ckehteree, that, " This Man is no Chehtcree^'' or in fuch Manner fhould fpeak reproachfully of any Caft, in that Cafe, the Magiftrate fhall fine him Two Hun- dred Puns of Cowries. Ij ( 214 ) If a Man fhould fay of a religious Perfon, that, " This Is not a religious Perfon," the Magiftrate fliall fine him Two Hundred Puns of Cowries^ If a Man fpeaks reproachfully of any upright Magiftrate, the Magiftrate fhall cut out hisTongue, or, having confifcated all his Effeds, ftiall banifti him the Kingdom. If a Magiftrate for his own Good hath pafled any Refolutions, whoever re- fufes to fummit to fuch Refolutions, the Magiftrate ftiall cut out that Perfon's Tongue. If a Magiftrate, or a Bramin^ be convi6led of any Crime, they ftiall not be put to Death; nor ftiall their Hand, or Foot, or any other Limb be cut off". If a Man is a Robber, or is fecluded from his own Caft, it is not right to call him a Robber, or an Outcaft; if any Perfon ftiould call him a Robber, or an Outcaft, the Magiftrate ftiall fine him in Half the Muld of a Robber, or an Outcaft. If a Man is in Company with a Robber, or is defirous to eat and drink with an Outcaft, and another Perfon ftiould forbid fo to do, that Perfon ftiall not be amenable. If a Man fpeaks reproachfully of his Mother, or of his Father, or of his Spiritual Director, or of his Elder Brother, or of a Woman of good Charafter, or of his Son, the Pvlagiftrate ftiall fine him One Hundred Puns o{ Cowries. If a Man fpeaks reproachfully of his Wife's Father or Mother, the Magi- flrate ftiall fine him Fifty Puns of Cowries, If ( 2'J ) Tf Two Perfons nuitiially abufe each other, or mutually utter falfe Accu- fations againft each other, the Magiflrate fhall take an equal Fine from both Parties. Is any Affair wherein a Fine has not been fpecified, the Magiftrate never- thclcfs Ihall take a FijK from the Party, upon Intelligence of the Affair. In any Afiair where the Caft and Science of the Party are mentioned, a Fine fliall be taken, according to the Amount at which that particular Cafl and Science are rated. If a Perfon, from Intoxication, or Idiotifm, IliouUi fpeak reproachfully of any One, the Magiftrate lliall not hold him amenable. If a Man fhould have fpoken reproachfully of another, or fhould have abufed him, and afterwards fays, " I fpoke it inconfiderately, or in Jed, and I will not utter fuch Exprefllons in future," the Magiftrate fliall take from him Half the Fine that has been fpecified for fuch Fauli:, If any Man ihould fay, that, " The Magiftrate will die at fuch a particular Time," the Magiftrate fhall fine that Perfon Eight Hundred Funj of Cowries, If a Man of inferior Caft, proudly affeding an Equality with a Perfon of fuperior Caft, fhould fpeak at the fame Time with him, the Magiftrate, in that Cafe, fliall fine him to the Extent of his Abilities. 4A CHAP, ( ^i6 ) CHAP. XVI. Of AJfauk. Sed. I. Of Aflault, and of Preparation to Aflauk, Sefl. II. Of Cafes where no Fine is taken. Se6t. III. Of the Fines for the Death of Animals. SECT. I. Of AJJault^ and of Preparation to AJfault, If a Man aflaults, or prepares to aflault, another Perfon, 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 Dmnr Parijh^ and hath Three Diftinftions, viz, 1. Abkoorun. 2. Neejhungpai. 3. Keheet Derjhen. Abkoorun is, when a Man is prepared to Afl'ault : Neejhungpat is, when a Man beats another unmercifully, yet fo as to flied no Blood from his Body : Keheet Derjhen is, when a Man chaftifes another in fuch a Manner as to fhed Blood. If ( 217 ) If a Man of an equal Caft, and of equal Abilities with another, is prepared to throw upon his Body, Dud, or Sand, or Clay, or Cow Dung, or any Thing elfe of the fame Kind, or is prepared to ftrike him with his Hand or Foot, the Magiftrate fhall fine him One Majheh of Silver. If a Man of an inferior Call, and of inferior Abilities to another, is prepared to throw upon his Body, Duft, or Sand, or Clay, or Cow Dung, or any Thing elfe of the lame Kind, or is prepared to ftrike him with his Hand or Foot, the Magiftrate ftiall fine him Three Majhehs of Silver, If a Man of a fuperior Caft, and of fuperior Abilities to another, is prepared. to throw upon his Body, Duft, or Sand, or Clay, or Cow Dung, or any Thing elfe of that Kind, oris prepared to ftrike him with his Hand or Foot, the Magiftrate ftiall fine him Half a Mafheh of Silver, If a Man of an inferior Caft and of fuperior Abilities to another, or of a fu* perior Caft and inferior Abilities to him, is prepared to throw upon his Body, Duft, or Sand, or Clay, or Cow Dung, or any Thing elfe of that Kind, or is prepared to ftrike him with his Hand or Foot, the Magiftrate ftiall fine him One Mafheh of Gold, If a Man of an equal Caft with fuperior Abilities, or of a fuperior Caft; and equal Abilities with another, is prepared to throw upon his Body, Duft, or Sand, or Clay, or Cow Dung, or any Thing elfe of the fame Kind, or is prepared to ftrike him with his Hand or Foot, the Magiftrate ftiall fine him Two Mclfhehs of Silver, If a Man is prepared to throw upon a Woman's Body, Duft, or Sand, or Clay, or Cow Dung, or any Thing elfe of the fame Kind, or is prepared to ftrike ( 3'8 ) ftrikqher with his Hand orFooc, the MagiHrate fliall fine him Two Mapjeks of Silver. If a Man of an equal Caft, and of equal Abilities with another, throws upon his Body, Dud, cr Sand, or Clay, or Cow Dung, or any Thing elfe of the fime Kind, or fuikes him with his Hand or Foot, the Magiftrate Hiall fine liini Ten Puns of Cowries » If a Man of an inferior Caft, and of inferior Abilities to another, throws upon his Body, DufV, or Sand, or Clay, or Cow Dung, or any Thing elfc of the fame Kind, or ilrikes him with his Hand or Foot, th^ Magiftrate fiiall fine liim Thirty Puns of Cowries. If a Man of a fuperior Caft, and of fuperior Abilities to another, throws upon his Body, Duft, or Sand, or Clay, or Cow Dung, or any Thing elfe of the fame Kind, or ftrikes him with his Hand or Foor, the Magiftrate lliali fine him Five Puns of Cowries. If a Man of an inferior Caft and of fuperior Abilities, or of a fuperior Caft and inferior Abilities to another, throws upon his Body, Duft, or Sand, or Clay, or Cow Dung, or any Thing elfe of the fame Kind, or ft:rikes him with his Hand or Foot, the Magiftrate Hiall fine him Ten Ptms of Cowries, If a Man of an equal Caft with fuperior Abilities, or of a fuperior Caft and equal Abilities with another, throws upon his Body, Duft, or Sand, or Clay, or Cow Dung, or any Thing elfe of the fame Kind, or ftrikes him with his Hand or Foot, the Magifl:rate Ihall fine him Twenty Puns oi Cowries, If ( 219 ) If a Man throws upon a Woman's Body, Dud, or Sand, or Clay, or Ccw Dung, or any Thing elfe ofthefair.e Kind, or Rrikcs her with his Hand or Foot, the Magiflrate fhall fine him Twenty Puns o^ Cowries. If a Man of an equal Caft, and of equal Abilities with another, is prepared to caft upon his Body, Tears, or Phlegm, or the Paring of his Nails, or the Gum of his Eyes, or tlie Wax of his Ears, or the Refufe of Vi'fluals, or Spittle, the Magiftr^^^te faall line him Twenty Puns of Cowries. If a Man of an Inferior Caft, and of inferior Abilities to another, is pre- pared to caft 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 Refufe of Viftuals, or Spittle, the Magiftrate ftiall fine him Sixty Piws of Cozirie,(. If a Man of a fuperior Caft, and of fuperior Abilities to another, is prepared to caft 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 Refufe of Viftuals, or Spittle, the Magiftrate fhall fine him Ten Puns of Cowries. If a Man of inferior Caft and fuperior Abilities, or of a fuperior Caft and inferior Abilities to another, is prepared to caft upon his Body, Tears, or Phlegm, or the Paring of his Nails, or the Gum of his Eyes, or the Wax of hi^ Ears, or the Refufe of Vi6luals, or Spittle, the Magiftrate fhall fine him Twenty Puns of Cowries. r If a Man of an equal Caft with fuperior Abilities, or of a fuperior Caft and equal Abilities with another, is prepared to caft upon his Body, Tears, or Phlegm, or the Paring of his Nails, or the Gum of his Eyes, or the Wax of 4 B his ( 220 ) his Ear.% or the Refufe of Vidnals, or Spittle, the Magiftrate fliall fine hiiu Forty Pum of Ccivries. If a Man is prepared to cafl upon a Woman's Body, Tears, or Phlegm, cr the Paring of his Nails, or the Gnm of his Eyes, or the Wax of his Ears, or the Refufe of Viftuals, or Spittle, the Magiftrate fliall fine him Forty Puns of Cowries. If a Man of an equal Call, and of equal Abilities with another, fhould caft 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 Refufe of Vidtuals, the Magiftrate ftiall fine him Forty Puns of Cowries. If a Man of an inferior Caft, and of inferior Abilities to another, fhould caft 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 Refufe of Viftuals, the Magiftrate ftiall fine him One Hundred Puns oi Cowries. If a Man of fuperior Caft, and of fuperior Abilities to another, fliould caft 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 Refufe of Vidluals, the Magiftrate ftiall fine him Twenty Puns of Cowries. If a Man of an inferior Caft with fuperior Abilities, or of a fuperior Caft and inferior Abilities to another, fliould caft 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, cr the Refufe of Vidtuals, the Magiftrate fhall fine him Forty Puns of Cowries, If !( 221 ) If a Man of an equal Caft with fiiperior Abilities, or of a fuperior Caft and equal Abilities with another, fhould caft 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 Refufe of Vidluals, the Magiftrate fhall fine him Eighty Puns of Cowries^ If a Man (hould caft 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 Refufe of Vidtuals, the Magiftrate fliall fine hrni Eighty Puns of Cowries. If a Man of an equal Caft, 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 Magiftrate fhall fine him Forty Ptois of Coiarics. If a Man of an inferior Caft, 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 Magift.rate fliall fine him One Hundred and Twenty Pum of Cowries, If a Man of a fuperior Caft, and of fuperior Abilities to another, throws upon him, from the Navel downwards to the Foot, any Spue, or Urine, or Ordure, or Semen, the Magiftrate ftiali fine him Tvv'enty Puns oi Cowries, If a Man of an inferior Caft and fuperior Abilities, or of a fuperior Caft and inferior Abilities to anotiier, throws upon his Body, from the Navel downwards to the Foot, any Spue, or Urine, or Ordure, or Semen, the Magi- ftrate ftiall fine him Forty Puns of Cowries^ U ( 222 ) Jr a Man of an equal Cafe with fuperior Abilities, or of a fuperior Call: and equal Abilities with another, throws upon him, from the Navel dov/n- wards to the Foot, any Spue, or Urine, or Ordure, or Semen, the Magiftrate fhall tine him Eiglity Pirns of Cowries. Ira Man throws upon a Woman, from the Navel downwards to the Foot, any Spue, or Urine, or Ordure, or Semen, the Magiilrate fliall line him Eighty Funs of Cowries. If a Man of an equal Cafl, and of equal Abilities with another, throws vip'^n his Body, from the Navel upwards to bc^neath the Neck, any Spue, or Urine, or Ordure, or Semen, the Magiftrate fliall fine him Sixty Puns o£ Cowries, If a Man of an inferior Caft, and of inferior Abilities to another, throws upon his Body, fiom the Navel upwards to beneath the Neck, any Spue, or Urine, or Ordure, or Semen, the Magiftrate fhall fine him One Hundred anci Eighty Puns of Cowries. If a Man of a fuperior Caft, and of fuperior Abilities to another, throws upon liis Body, from the Navel upwards to beneath the Neck, any Spue, or Urine, or Ordure, or Semen, the Magiftrate fhall fine him Thirty Puns of Cowries. If a Man of an inferior Caft with fuperior Abilities, or of a fuperior Call and inferior Abilities to another, throws upon his Body, from the Navel up- wards to beneath the Neck, any Spue, or Urine, or Ordure, or Semen, the Magiftrate ftiall fine him Sixty Puns of Cowries. If ( 223 ) If a Man of an equal Call with fuperior Abilities, or of a fuperlor Caft and equal Abilities with another, throws upon his Body, from the Navel upwards to beneath the Neck, any Spue, or IJrine, or Ordure, or Semen, the Maoiib-ate lliall fine him One Hundred and Twenty Puns of Cowries. If a Man throws upon a Woman's Body, from the Navel upwards to be- neath the Neck, any Spue, or Urine, or .Ordure, or Semen, the Magiftrate fhallfine him One Hundred and Twenty Puns oi Cowries, If a Man of an equal Caft, and of equal Abilities with another, throws upon him, from the Neck upwards, any Spue, or Urine, or Ordure, or Semen, the Mao;iitrate fliall fine him Eio;hty Puns of Cozvrics, If a Man of an inferior Cad, and of inferior Abilities to another, throws upon him, from the Neck upwards, any Spue, or Urine, or Ordure, or Semen, the Magiftrate fhall fine him Two Hundred and Forty Puns of Cowries. If a Man of a fuperior Caft, and of fuperior Abilities to another, throws upon him, from the Neck upwards, any Spue, or Urine, or Ordure, or Semen, the Magiftrate fliall fine him Forty Puns of Cowries. If a Man of an inferior Caft with fuperior Abilities, or of a fuperior Caft with inferior Abilities to another, throws upon him, from the Neck upwards, any Spue, or Urine, or Ordure, or Semen, the Magiftrate Ihall fine him Eighty Puns of Cowries. If a Man of an equal Caft with fuperior Abilities, or of a fuperior Caft and equal Abilities with another, throws upoa him, from the Neck upwards, 4 C any ( 124- ) any Spue, or Urine, or Ordure, or Semen, the Magiftrate fhall fine him One Hundred and Sixty Puns of Cowries. If a Man throws upon a Woman, from the Neck upwards, any Spue, or Urine, or Ordure, or Semen, the Magiftrate fhall fine him One Hundred and Sixty Puns ol" Conries, If a Man of an equal Caft, and of equal Abilities with another, is prepared to afiault him with a Stone, or with a Piece of Iron or Wood, the Magiftrate fl:iall fine liim Two Hundred and Fifty Puns of Cowries, If a Man of an inferior Caft, and of inferior Abilities to another, is pre- pared to affault him with a Stone, or with a Piece of Iron or Wood, the Ma- giftrate fliall fine him Seven Hundred and Fifty Puns of Cowries, If a Man of a fuperior Caft, and fuperior Abilities to another, is prepared to affault him with a Stone, or with a Piece of Iron or Wood, the Magiftrate {hall fine him One Hundred and Twenty-five Puns of Cowries, If a Man of an inferior Caft v/ith fuperior Abilities, or of a fuperior Caft with inferior Abilities to another, is prepared to affault him with a Stone, or with a Piece of Iron or Wood, the Magiftrate ftiall fine him Two Hundred and Fifty Pu?is of Cowries. If a Man of an equal Caft with fuperior Abilities, or of a fuperior Caft and equal Abilities with another, is prepared to affault him with a Stone, or with a Piece of Iron orWood, the Magiftrate fliall fine him Five Hundred Puns of Cowries, If ( 225 ) If a Man Is prepa/ed to aflfault a Woman with a Stone, or with a Piece of Iron or Wood, the Magiftrate fhall fine him Five Hundred Puns of Co-u;ries. If a Man of an equal Call, and of equal Abilities with another, fhould ftriks. him with a Stone, or with a Piece of Iron or Wood, the Magiftrate fhall fine him Five Hundred Puns of Cowries* If a Man of an inferior Call, and of inferior Abilities to another, fhould ftrike him with a Stone, or with a Piece of Iron or Wood, the Magiftrate fhall fine him One Thoufand Five Hundred Puns of Cowries, If a Man of a fuperior Caft, and of fuperior Abilities to another, fliould flrike him with a Stone, or with a Piece of Iron or Wood, the Magfiftrate fiiall- fine him Two Hundred and Fifty Ptms of Cowries. If aMan of an inferior Caft with fuperior Abilities, or of a fuperior Caft with inferior Abilities to another, fliould ftrdce him with a Stone, or with a Piece of Iron orWood, the Magiftrate fhall fine him Five Hundred Puns oi Cowries,. If a Man of an equal Caft with fuperior Abilities, or of a fuperior Caft and equal Abilities with another, fliould ftrike him with a ^tone, or with a Piece of Iron or Wood, the Magiftrate fliall fine him One Thoufand Puns of (^owrieSm If a Man fliould ftrike a Woman with a Stone, or with a Piece of Iron or. Wood, the Magiftrate fhall fine him One Thoufand Puns of Cowries. If a Man unknowingly fhould caft upon anothcrs Body, any Duft, or Sand,, or Clay, or Phlegm, or Brick, or Stone, or Iron, or Wood, or any Thing elfe of that Kind, or fliouW ftrike him therewith, the Magiftrate fliall not fine him., If: ( 226 ) If a Man of an equal Caft, and of equal Abiiitles with another, fliould haui him by the Foot, or by the Hair, or by the Hand, or by the Ciaaths. the Ma- giilrate Hiall fine him Ten Puns of Cozvries, If a Man of an inftrior Caft, and of inferior Abilities to another, Hiould haul him by the Foot, or by the Hair, or by the Hand, or by the Cloath^, the Magiftraxe (hall fine him Thirty Puns of Cownes. If a Man of a fuperior Call, and of fuperior Abilities to another, fhould haul him by the Foot, or by the Hair, or by the Hand, or by the Cloaths, the Ma- giftrate ihall iint him Five Puns of Cowries, :If a Man of an inferior Cafl with fuperior Abilities, or of a fuperior Caft and inferior Abilities to another, fnould haul him by the Foot, or by the Hair, or by the Hand, or by the Cloaths, the Magiftrate fnall fine him Ten Puns of If a Man of an equal Caft and fuperior Abilities, or of a fuperior Caft and of eqaal Abilities with another, ftiould haul him by the Foot, or by the Hair, or by the Hand, or by the Cloaths, the Magiftrate ftiall fine him Twenty Puns of Cowries. If a Man Iliould haul a Woman by the Foot, or by the Hair, or by the Hand, or by the Cloaths, the Magiftrate ftiall fine him Twenty Pui;s of Cowries. If a Man of an equal Caft, and of equal Abilities with another, fliould fcize and bind him in aCloth, and ftiould fet his Foot upon him, the Magiftrate (hsM fine him One Hundred Puns of Cowries. h ( 227 ) If a Man of an inferior Cafl:, and of inferiorAbllities to another, (hould feize and bind him in a Cloth, and (hould fet his Foot upon him, the Magiftrate fliall fine him l^hree Hundred Puns of Cowries, If a Man of a fuperior Caft, and of fuperiorAbilities to another, fliould fcize and bind him in a Cloth, and fliould fet his Foot upon him, the Magiftrate fliall fine liim Fifty Puns of Cowries. If a Man of an inferior Caft with fuperior Abilities, or of a fuperior Cafl: and of inferiorAbllities to another, fliould feize and bind him in a Cloth, and fliould fet his Foot upon him, the Magiftrate Ihall fine him One Hundred Puns of Cowries, If a Man of an equal Caft and fuperior Abilities, or of a fuperior Caft and equal Abilities with another, fliould feize and bind him in a Cloth, and fliould fet his Foot upon him, the Magiftrate fliall fine him Two Hundred Puns of Ccwi ics. \i a Man fliould feize a Woman, and bind her with a Cloth, and fliould fet his Foot upon her, the Magiftrate fliall fine him Two Hundred Puns oi Cowries. If a Man of an equal Caft, and of equal Abilities with another, fliould raifc up any ofFenfive Weapon to afliault him therewith, the Magiftrate fliall fine Kim Five Hundred Puns oi Cowries. If a Man of an inferior Caft, and of inferiorAbllities to another, fliould raife up any off^cnfive Weapon to aflliult him therewith, the. Magiftrate fliall fine him One Thoufand Five Hundred Puns of Cozvries. 4D If ( 228 ) Tf a Man of a fLiperior Cafl, and of fuperior Abilities to another, fhould raife up any offenfive Weapon to afTault him therewith, the Magiltrate fliall fine him Two Hundred and Fifty Puns of Cowries, If a Man of an inferior Caft and of fuperior Abilities, or of a fuperior Caft' and inferior Abilities to another, fliould raife up any ofFenfive Weapon to af- fault him therewith, the Magiftrate fliall fine him Five Hundred Puns oi Cowries. If a Man of an equal Cafl and fuperior Abilities, or of a fuperior Cafl and equal Abilities with another, fliould raife up any ofFenfive W^eapon to afTault him therewith, the Magiftrate fhall fine him One Thoufand Puns of Cowries. If a Man fhould raife up any offenfive Weapon to afTault a Woman there- with, the Magiftrate fhall fine him One Thoufand Ptms oi Cowries. If a Man of an equal Cafl, and of equal Abilities with another, fhould flrike him with aWeapon, the MagiHrate fhall fine him One Thoufand Puns of Cowries, If a Man of an inferior Caft, and of Inferior Abilities to another, fhould flrike him with a Weapon, the Magiftrate fhall line him Three Thoufand Puns of Cowries . If a Man of a fuperior Cafl, and of fuperior Abilities to another, fliould flrike him with a Weapon, the Magiflrate fhall fine him Five Hundred PunS' ct Ccicrics. If a Man of an inferior Caft and fuperior Abilitic^s, or of a fuperior Call and inferior Abilities to snother, fhould flrike him v/ith a Weapon, the Magiftrate fliall fine him One I'houfand Puns of Cczviies, If ( ^^^9 ) If a Man of an equal Caft and fuperior Abilities, or of a fuperior Caft and of equal Abilities with another, fliould ftrike him with a Weapon, the Magi- ftrate fhall fine him Two Thoufand Puns of Cowries. If, a Man fhould ftrike a Woman with a Weapon, the Magiftrate fliall fine him Two Thoufand Ptins of Cowries, If a Man of an equal Caft, and of equal Abilities with another, fliould. ftrike him with a Weapon, or any Thing elfe, in fuch a Manner, as that no^ Blood flows from him, the Magiftrate fliall fine him Thirty Pu72S of Cowries; if a little Blood is flied by the Stroke, the Magiftrate fliall fine him Sixty-four Ptms of Cowries; if the Skin is torn, fo that much Blood flows from thence, the Magiftrate fliall fine him One Hundred Puns of Cowries ; if both the Skin and Flefli are torn, and a greater Qiiantity of Blood is by fuch Means flied,. he fliall fine him Twenty-four Aflorufies; if both the Skin and Flefli are torn, and a Bone is broken, and Blood flied, he fliall confiicate all his Poflfefr- fions, and banifli him the Kingdom. If a Man of an inferior Caft, and of inferior Abilities to another, fliould ftrike him with a Weapon, or any Thing elfe, in fuch a Manner, as that no Blood flows from him, the Magiftrate fliall fine him Ninety Ptms of Cowries; if a little Blood is flied by the Stroke, the Magiftrate fliall fine him One Hun- dred and Ninety Puns of Cowries; if the Skin is torn, fo that much Blood flows from thence, he fliall fine him Three Hundred Puns of Cowries; if both the Skin and FL^fli are torn, and a greater Qiiantity of Blood is by fuch Means flied,. he fliall fine him Seventy-two Afonifies; if both the Skin and Fkfli are torn, and a Bone is broken, and Blood flied, he fliall confifcate all his PoflTeflions, and banifli him the Kingdom. If ( 2 30 ) If a Man of a fuperlor Cafl, and of fuperlor Abilities to another, fliould llrike him with a Weapon, or any Thing elfe, in fuch a Manner, as that no Blood flows from him, the Magifbrate fliall fine him Fifteen Puns of Cowries ^ if a little Blood is flied by the Stroke, he fhall fine him Thirty-two Puns of Cowries; if the Skin is torn, fo that much Blood flows from thence, he fliall fine him Fifty Pims of Cow7ies', if both the Skin and Flefli are torn, and a greater Qiiantity of Blood is by fuch Means fhcd, he fliall fine him Twelve AJIorufies'y if both the Skin and Flefh are torn, and a Bone is broken, and Blood flied, the Magiflirate fliall confifcaxe all his PofTtlTions, and banifh him the Kingdom. Ira Man of an inferior Cafl and of fuperior Abilities, or of a fuperlor Cafl and of inferior Abilities to another, fliouid flnke him with a Weapon, or any Thinly elfe, in fuch a Manner, as that no Blood flows from him, the Mao-iftrate fliall fine him Thirty Puns of Cozvries; if a licck Blood is (lied by the Stroke, heihdl fine h'.m Sixty-four Pmis of Co-ivries; if the Skin is torn, fo that much Blood flows f.omi thence, lie fliall fine him One Hundred Puns of Cowries; if bot'i the Skm and Fltfh are torn, and a greater Qiiantity of Blood is by fuch Means fhfd, he flaall fine him Twenty-four yt^nz/^fj'; if boih the Skin and Flefli are torn, and a Bone is broken, and Blojd fli/d, the Magiftrate fliall confifcate all his Goods, and banifli him the Kinrdom. If a Man of an equal Cafl: and fuperior Abilities, or of a fuperior Cafl iind equal Abilities with another, fliould flinke him with a Weapon, or any Thing elfe, in fuch a Manner, as that no Blood flows from him, the Magiflrate fliall fine him Sixty Pu::s of Cozviits:, if d l.ttle Blood is faj.d by the Stroke, Le fliall fine him One Hundred and Twenty-eight Puns of Cowries ; if the Skin is torn, lo iliat much Elood flows from thencc, he fhall fine him Two Hun- icirjd Puns of ■. oiviics; if boJi the Skin and Flefli arc torn, and a greater Qiian- tity ( 23' ) tity of Blood is hy fuch Means flied, he fhall fine him Forty-eight A[}jn'.fies\ if both the Skin and Flelli are torn, and a Bone is brukt-n, and Blood fhed, the Magiftrate fliall confifcatc all his Goods, and banifh him the Kingdom. If a Man fhould ftrike a Woman with a Weapon, or any Thing elfe, in fuch a Manner, as that no Blood flows from her, the Magillrate fhall line him Sixty Tuns oi Cowries-, if a little Blood is fhed by the Stroke, he fhall fine him One Hundred and Twenty-eight Pwis of Cowries y if the Skin is torn, fo that much Blood flows from thence, he fhall fine him Two Hundred Puns vf Cowries; if both the Skin and Flefh are torn, and a greater Qiiantity of Blood is by fuch Means flied, he fliall fine him Forty- tight JjTjruJies ; if both, the Skin and Flefh are torn, and a Bone is broken, and Blood fhed, the Magi- flirate fhall confifcate all his Goods, and banifli him the Kingdom. If a Man of an equal Cafl:, and of equal Abilities with another, fliould ftrike him with any Weapon upon the Ear, or upon the Nofe, 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 Magiftrate fhall fine him Five Hundred Puns of Cowries; if heftrikes upon any of thefe Limbs above fpecified, in fuch a Manner, as that they are thereby cut off", and fepa- rated from the Body, the Magiftrate fhall fine him One Thoufand Puns of Cowries, If a Man of an inferior Cafl:, and of inferior Abilities to another, fhould ftrike him with any Weapon upon the Ear, or upon the Nofe, 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, fo that thefe Limbs are not feparatcd from the Body, the Magiflrate fliall fine him One Thoufand Five Hundred Puns of Cowries ; if, by that Stroke, any of thefe Limbs above fpeci- 4 E fied. ( 232 ) fied are cut off, and feparated from the Body, he Ihall fine him Three Thou- fand Pirns of Cowries. If a Man of a fuperior Caft, and of fuperlor Abilities to anotlier, fhould ftrike l.^.n with any Weapon upon the Ear, or upon ths Nofe, or upon the Hand, or upon the Foot, or upon the Up, or in the Eye, or upon the Tongue, or upon the Penis^ or upon the Joint of the Knee, fo that theie Limbs are not feparated from the Body, the Magiftrate fliall fine him Two Hundred and Fifty Puns of Co-zvries -y if, by that Stroke, any of thefe Limbs above fpecifitrd are cut off", and feparated from the Body, hefiiall fine him Five Hundred Puns of Cowries, If a Man of an inferior Caft and fuperior Abilities, or of a fuperior Cafl: and inferior Abilities to another, fhould fiirike him with any Weapon upon the Ear, or upon the Nofe, 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, fo that thefe Limbs are not feparated from the Body, the Magiftrate (hall fine him Five Hundred Puns of Cowries; if, by that Stroke, any of thefe Limbs above fpecified are cut off^, and feparated from the Body, he Ihall fine him One Thoufand Puns of Cowries. If a Man of an equal Cafl: and fuperior Abilities, or of a fuperior Cafl: and equal Abilities with another, fhould ftrike him with any Weapon upon the Ear, or upon the Nofe, 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, fo that thefe Limbs are not feparated from the Body, the Magi- ftrate lliall fine him One Thoufand Puns of Cowries; if, by that Stroke, any of thefe Limbs above fpecified are cut ofi^, and feparated from the Body, he fliali iitie him Two Thoufand Puns of Cowries. If f 233 ) 'If a Man fhould (Irike a Woman v/ith any Weapon upon the Ear, or upon theNofe, or upon the Hand, or upon the Foot, or upon the Lip, or in the Eye, or upon the Tongue, or upon the rudendum^ or upon the Joint of the Knee, fo that thefe Limbs are not feparated from the Body, the Magiftrate fhall fine him One Thoufand Puns oi Cowries; if, by that Stroke, any of the J^imbs above fpecified are cut off, and feparated from the Body, he fhall fine him Two Thoufand Puns of CciZries. If a Man deprives another of Life, the Magiftrate fhall deprive that Per- fon of Life-, if a Bramin deprives any Perlon of Life, the 5r^«//;/'s Life fhall not be taken in return, but he (hall be fined One Hundred Jdjrufias : A Bramin fhall not be put to Death upon any Account whatever. If a Man has put out both the Eyes of any Perfon, the M.igiflrate fliall deprive that Man of both his Eyes, and condemn him to perpetual Imprifon- ment, and fine him Eight Hundred Puns of Cowries. If a Man ftrikes a. Bramin v^kh his Hand, the Magidrate fliall cut off that Man's Hand J if he flrikes him with his Foot, the Magiftrate fnall cut off the Foot; in the fame Manner, with whatever Limb he ftrikes a Bramin, that Limb fhall be cut off; but if a So oder i^irikes either of the Three Cafts of Bramin, Chehtcree, or Bice, with his Hand or Foot, the Magiftrate fliall cut off fuch Hand or Foot. If many Perfons have affaulted a fmgle Man, in that Cafe, according to the Rates of Fines that have been fpecified above,the Magiftrate fhall take Double of fuch Fine from every Individual. If a Magiftrate has committed a Crime, and any Perfon, upon Difcovery ox that Crime, fhould beat and ill-ufe the Magiftrate, in that Cafe, whatever be ( ^34 ) be the Crime of murdering One Hundred Brcimifis, fuch Crime fliHl) be ac- counted to chat Perfon -, and the Magiftrate Hiall thrud an Iron Spit throu.c/h him, and roafl him at the Fire: If a Brcwnn has committed a Crime of this Kin.], One Hundred dJJjnifies, as before-mentioned, fhall be taken from him, as a Fine j but he fliall not be deprived of Life. If Two Perfons, being of equal Caft, are mutually prepared to ftrike each other with their Fifts, the Magiftrate fhall fine each of them Ten Puns of Cowries; if they flrike each other, the Magiftrate fhall fine each of them Twenty Puns of Cowries » If Two Perfons of equal Cad are mutually prepared to kick each other, the Magiftrate fhall fine each of them Twenty Puns of Cowries; if they kick each other, he fhall fine each of them Forty Puns of Cowries. If a Man of an inferior Caft, proudly affeding an Equality with a Man of fuperior Caft, fhould travel by his Side on the Road, or fit or fleep upon the fame Carpet with him, the Magift:rate fliall take a Fine from the Man of inferior Cafl, to the Extent of his Abilities. If a 5^iifr fits upon the Carpet of a Bramin, in that Cafe, the Magiflrare, having thruft: a hot Iron into his Buttock, and branded him, fliall banifh him the Kingdom •, or elfe he fhall cut off his Buttock. If SiSooder, out of Pride, fhould fpit his Phlegm upon a Bramin^s Body, the Magiilrate fhall cut off his Lip; and if a ^^(j^^r piffes upon a Bramin's Body, the Magiftrate fhall cut off his Penis j and if he fhould evacuate backwards his Wind upon a Bramins Body, the Magift:rate fhall cut off his Fundament. I? ( 235 ) If a Sooder hath plucked a Bramin by the Hair, or by the Beard, or fhould take hold of a5r^»//Vs Neck, or Tefticles, the Magiftrate Ihall cut off both his Hands. If a Man hath beaten another, in fuch a Manner, that his Limbs are broken, or wounded, the Magiftrate fhall caufe him to pay to that Man, fuch a Sum of Money as will defray the entire Expence of the Cure. Whoever, in any Difpute or Difturbance, hath committed any Robbery, ior Thefr, the Magiftrate fliall caufe him to return to the Owner the A.rticle Aolen, and fliall fine him in Double the Value thereof. If a Wife, or a Son, or a Slave, or a Female SUve, or a Pupil, or a Younger Brother, hath committed a Fault, they may be fcourged with a Lafli, or with a Bamboo Twig, upon any Part of their Body where no dangerous Hurt is likely to happen ; but if a Perfon fcourges theni beyond fuch Limitation, he (hall fuffer the Punifament of a Thief. If a Pupil commits a Fault, his Mafter fliall chaftife him with fevere Ex- preflions, and reprove him with Frowns and Anger, and fay, "■ If you commit the fame Fault a Second Time, I will beat you ;'* and if a Pupil commits a Fault in the cold Seafon, his Mafter may throw Water upon his Body. If a Man hath beaten another, and afterwards this Man returns the Beating upon tlie Firft, the original, Offender fliall pay a larger Fine, and the other fliall pay a fmaller Fine. If a Man fets fire to another Perfon's Houfe, with Intent to deftroy him, or caufes that Perfon to take Poifon, or is dtfirous to murder him with a Sword, 5 F or 4 ( 23^ ) or carries away that Perfon's Wife from his Houfe, and keeps her to hlmfelf, or plunders all that Perfon's Effeds, or his Tillage, in that Cafe, if the latter deprives the former of Life, he fhall not be amenable ; but he fhall not kill either a Cow or a Bramin, fuch as thefe are feparately treated of in the Chapter of Juftice. If a Man of inferior Caft fcurriloufly abufes a Man of a fuperlor Cafl:, and afterwards the fuperior Caft chaftifes the inferior, in that Cafe, the fuperior Caft fhall not be amenable. If a Man, out of Malice, having infli(fled a Wound upon his ov/n Body, fhould make complaint againft any other Perfon, in that Cafe, the Magiftrate fhall attend to the Sound of hisVoice, as it comes from his Throat, to find out the Caufe of the Wound ; as whether, at the Time the Wound was received, both the Parties were in the fame Place, or in different Places, whether the Perfon accufed is capable of giving fuch aWound or no; upon Inveftigation of this Kind, if the Voice in that Perfon's Throat fliould vary, or if there is the infiruniental Caufe of the Wound produced, or if both Parties were in One Place when the Wound was given, or if the wounded Perfon is capable of chaftifmg theother, in thatCafe, it fhall be proved, that theAccufcd hath given the Wound; if the Caufe cannot thus be fettled, WitneiTes fhall be called and examined, or an Oath, or the Purrikeb, Ihall be taken; and upon Difcovery of the Truth, v/hatever Fine has been above fpeciiied in fuch Cafes,, the Magif- trate fli^il take fuch a Fine from the Perfon who is convided. Whoever murders a Man, if another Perfon gives fuch Murderer an Afy- lum or Food, or hath furnifhed him with anyWeapon for the Commiftion of luch Murder, the Magiftrate fhall fine that Perfon One ThouHmd Pms.of Cowries. SECT. ( 237 ) SECT. ir. Of Cafes ^ where no Fine is take?t. When a Woman is born from a Woman of the ^ooder Cad, and a Man of the Chehteree Caft, fuch Woman is called Wokree\ and the Son that is born^ from aWoman of the Chehteree Caft, and a Man of the Sooder^ is called Kekta\ and the Son that is born from the Woman PFokree, and the Man Kehta^ is calkd Shepak; if the Shepak fhould abufe or aflault any Perfon, that Perfon may ^chaftife him ; if of himfelf he is unable to chaftife him, in that Cafe, the Magif- trate {hall punifh him according to the Fault, and fhall not take a Fine from him. A Person born an Eunuch, a Man of the Chendcil Cz^, or of the Filher- man Caft, or of the Hunter Caft, or of the Elephant Driver's Caft, or of the Gerhejiit Slave (a Slave that is born of the Body of a Female Slave) if thefe ftiould aftault or abufe any Perfon, that Perfon may chaftife them; if of himfelf he is unable to chaftife them, the Magiftrate fhall chaftife them accord* ing to their Fault, but fhall not take a Fine. A Bramhi's Son, who hath not alTumed the Brmiimcal Thrtad until Fifteen. Years of Age, is called Berayut; alfo a Man of any low Caft, upon touching, whom, the JJJoncw {ihax. is Purification by Bathing) muft be performed, alfo v.'hatever Son is born of a Mother of a fuperior Caft, and a Father of an infe- rior Caft, if thefe Perfons aftault any Man, that Perfon may chaftife chem; if of himfelf he is unable to chaftife them, the Magiftrate fhall cJiaftife. them aCr- cording to their Fault, but ftiall not take a Fine. ( 238 ) He who teaches the Cotteree is called jicharige j whoever contradl(5ls the Words of inch Acharige^ox whoever is conflantly guilty of Deceit and Impo- fition, or who is guilty of the Crimes of Maha Patuk^ or Atee Patuk^ or any fuch Crimes, if fuch Men as thefe Ihould alTault any Perfon, that Perfon may chaftife them; if of himfelf he is unable to chaftife them, the Magiflrate (hall punifli them according to their Fault, but fliall 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 Horfe, or a Camel, the Maglftratc (hall cut off One Hand and One Foot from him. If a Man caufes the Tefticles to be cut from any Animal, as a Bull, or a Horfe, or a Goat, or any fuch Kind of Animal, the Magiftrate fkali fine him Fifty Puns of Coizries. If a Man kills a Bird of fmall Value, the Magiftrate fliall fine him Three Puns of Cowries \ if it be fomev/hat more valuable, he fliall fine him Twelve Puns oi Cowries ; and if it be an exceeding fine Bird, the Magifl:rate fliall fine him Fifty Puns of Cowries, If a Man kills a Fifli, the Magiflirate fliall fine him Ten Puns of Cowries. If a Man kills an Infed, the Magifl:rate fliall fine him One Pun of Cowries. Of ( 239 ) Of wild and Sylvaa Animals, fuch as Stags, Sheep, Tigers, Bears, and fuck Kind of Animals ; if a Man kills One of the leaft valuable, the Magiftrate fhali fine him Three Puks ofCoivrks; if it be fomething better, he fliall take Twelve Puns of Cowries -t if it be One of tlie moll valuable of thefe Animals, in that Cafe, the Magiflrate ihall fine him Fifty Pims of Cowries. If a Man kills a Serpent, or a Cat, or a Weafel, or a Dog, or a Boar, if it be not One of the moil prized, the MagKtrate fhali fine him Three Puns of Cowries; if it be of the bed Species, he fhali fine him Twelve Piats 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 Bcejejhukta^ or a very aged and in- firm Cow (of which feveral Cattle an Account is written in the Chapter of Cities and Towns) the Magillrate fliall fine him Fifty Puns of Coivries; and if he deprives any fuch of Life, he fhali fine him One Thoufand P//«j of Cowries. Whoever gains his Subfiftence by killing A.nimals, and felling their Flefh, Skin and Bones, if fuch Perfon kills thefe Animals, the Magiftrate fliall not fine him ; and exclufive of fuch Perfon, if any other Man kills any Animals, the Magiftrate fhali take from him a Fine, after the Rate above-mentioned. 'a' 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 (/. e.) the Deity, he fhali not be ame- nable. s If a Man fells the Flefh of Dogs or Jackals, calling It the Flefh of Goats or Stags, the Magiftrate fball fine him One Hundred Puns of Cowries-, if he is conftantly guilty of this Practice, the Magiftrate fliall cut off" his Hand and his Nofe, and break his Teeth, and fine him One Thoufand Puns of Cowries. 4 G If ( 240 ) If a Hackery Driver, at the Time of driving the Hackeries, fhould fay, *' Let all the People keep on One Side, this is the Road for the Hackeries,** upon this Warning given by the Driver, if any Perfon fhould fail to go on th.u Side, and, by falling under tht Hackery, fhould lofe his Life, in that Cafe, it is no Fault of the Driver; but if the Hackery Driver negledts to give Warn- ing, and any Perfon ihould be killed by falling under the Hackery, in that Cafe, upon the Man's Death, the Driver Ihall fuffer the fame Punifhment as a Thief: If a Cow, or an Afs, or a Camel, or a Horfe, or a Buffalo, or any fuch Kind of Animals, Ihould be killed by falling under a Hackery, the Ma^ gillrate fhall take Half the Fine, according to the Rates of Fines for killing fuch Animals, herein above fpecified -, if the Foal of an Elephant, or of a Horfe, or of a Camel, or of any fuch Kind of Animal be killed, the Magif- trate fhall take a Fine of Two Hundred Puns of Cowries ; if a fine Fawn or a Bird fhould be killed, he fhall take a Fine of Fifty Puns of Cozvries-, and if an Afs, or a Goat, or a Sheep, fliould be killed, he fhall fine him Fiv3 Majhehs of Silver-, and if a Dog or a Weafcl be killed, he fhall fine him One MciJheJIj of Silver. If the Ov/ner of a Hackery hires an incapable Driver, who is not well ex- perienced in his Bufinefs, by whofe Want of Skill any Animal, either Man, or Beafl:, or Bird, fhould lofe its Life, tht; Magiftrate fhall fine the Owner of the Hackery Two Hundred Puns of Cowries. If any of thefe Kind of Animals above-mentioned fhould be killed, the Magiftrate fhall caufe the Perfon who killed them, to give an Animal of the fame Kind to the Owner of the Animal deitroyed, and Ihall take a Fine, ac- cording to the Rate already above fpecified. C II A R ( 241 ) CHAP. XVII. Of rheft. % Se6t, I. Of Theft open and concealed. Se<5t. II. Of the Fines for open Theft. Se6l. III. Of the Fines for concealed Theft. Sed:. IV. Of Apprehending Thieves-. Sefl. V. Of thofe Perfons who are to be confidered as Thieves. Sed. VI. Of the Chckeydars being anfwerable for Stolen Goods. SECT. L Of The/i open and concealed. Theft is, when a Man takes away any Thing without the Sight and Know- ledge of the Owner of it, or wichout the Sight and Knowledge of the Perfon to whom it was intruded, and afterwards fays, " I have not tals.en fuch Article-," and this admits of Two Difcindions, open Thefc, and coi-'cealcd Theft. — Open Theft is, when a Man, having weighed and learnt the Weight of any Article, commits a Theft in that Weight, upon Delivery ot the Artich'; as for Inftance, a Guldfrnith, or an Ironmonger, or a Grocer, or any fuch Perfon who deals by W^eightj or a Phyfician, who, not giving to a difeafud Perfon the Phyfick proper for hisDiforder, adminiilers fuch unfuitable Remedies, ( 242 ) Remedies, as that by them the Sicknefs of the Difeafed becomes more violent, and who afterwards fays, " This Man is feized with a mofl difficult Diibrder," and, upon faying this, takes any Thing for his Phyfick-, or anyPerfon, who, by the Chances of the Dice, or by any other Games of the fume unlawful Nature, takes away a Man's Property; or an Arbitrator, who receives a Bribe from either Plaintiff or Defendant-, or, in a Cafe, where ieveral Perfons have been jointly employed upon One Bufmefs, if any One of them deceives all the reft, and appropriates ought to himfclf; or if a Perlbn lliould fay to another, ** Som^ great Misfortune and Calamity is comiFig upon you, give me fom.ething, that I may make Offerings to Deivtab^ to avert his Calamity from you," and after- wards fhould appropriate to himfelf the Article given, inllead of making fuch Offerings therewith i or a Man, who, concealing the Fault of any blemillied Commodity, f;lh it for the Price of an unblemiHied Article of the fame Kind j or when a Man, by giving falfe VVitnefs, takes away anothers Property; or a Man, who, by fliewing 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 : Thefe are called open (or apparent) Thefts. Exclu- five of thefe, ail other Kinds of Theft, fuch as Houfe-Breaking, and other various Schemes of Robbery, are called concealed Thefe : Both thefe Kinds of Thiev^es, the Magiftrate fhall apprehend; and, having told to the People the Fad of the Theft, fball take a Fine from the Thief, to the Value of what- ever Goods he hath ftolen. Alfo, whoever affociates with Thieves, or is found to have about him any Inftruments for piercing through Walls, or other Im- plements of Robbery, or any Goods that have been ftolen from any Perlbn, fuch Perfons fhall be apprehended, convidled of Theft, and the Punifhment of a Thief without fail be inflided on them; for, by punifhing Thieves, the deputation of the Magiftrate is ejitended, and the Tranquillity of the King- dom fe cured. ( 24? ) SECT. II. Of the Fines for open Theft. If a Man, in weighing any Article, hath by anyMeans with-heki One Eighth of the Whole, the Magiftrate fliall fine him Two Hundred Puns oi Cowries; if he hath thus with-held One Ninth, in that Cafe, out of the Two Hundred Puns of Cowries^ One Eighth fhall be deduced, and the other Seven Parts fhall be taken as a Fine; if he hath committed aTheft of OneSeventh, he fhall be fined Two Hundred Puns of Cowries^ and alfo 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 fame Kind, commits a Theft of One Eighth, the Magiftrate fhall fine him according to the aforefaid Races; if he is frequently guilty of this Kind of Theft, he fhall cut off the Hair of his Head ;* and whoever has a Paflion, or ruling Propenfity to fuch Thefts, his Ear, or his Nofe, or his Hand, or fome fuch Limb fhall be cut off; if a Per- fon, giving to another any inconfiderable Article, in Exchange for it, by fome Device or Deceit, procures an Article of Value, or if he takes at a low Price any Article that fhould be prized very high, if, by fuch Device and Deceit, he hath occafioned to the other a Lofs of One Sixth, thQ Magiftrate fhall fine him Two Hundred and Fifty Puns of Coiories'^ if there is a Lofs of One Fifth, or of a ftill greater Proportion, the Magiftrate fhall f.ne him Five Hundred Puns of Cowries. * Lofs of Caft. 4 H h ( 244 ) If a Man, proffering to fell Grain for Seed, fhould fell Grain which is no<: fit for Seed, the Magillrate fhall chaftife him, and take a Fine according to the Offence. If a Man conceals the Faults of any blemifhed Commodity, or mixes good and bad Articles together, and fells them all as good, or refits any old Article, and fells it as new, the Magiftrate Ihall caufe him to give Double the Price of the Purchafe to the Purchafer, and Ihall fine him in the original Price of the Purchafe^ If a Man fhews to another the Biitkarah^ or his own Stone Weight, and, going from the Shop to any other Place, iays, "This Stone is in Weight One 6'tYr," whereas, in truth, the Stone weighs lefs than One Scer^ and the other Perfon being ignorant of the Deficiency of Weight in the above.- mentioned Stone,, fhould fell any Goods in the Shop of that Man, by the Weight of that Stone, in that Cafe, the Magiftrate fhall fine that Man. Eight Times the Price of the Commodity fold j and if he is frequently guilty, of that Crime, the Magiftrate fiiall confifcate all his Goods,. Whoever ufes a Pair of falfe Scales, and adjufts them fraudulently, the Magiftrate fliail fine him One Thoufand P««j of Cowries-^ whoever tries Gold and Silver,, if he fays, that, adulterated Gold or Silver is pure and fine, and gives it to any Man as fuch, or if he fays of pure Gold or Silver, that,, it is adulcerated, and takes it as fuch, the Magiftrate fhall fine him One Thoufand £uns of Cowries-. If the Magiftrate's Counfellor gives Advice void of Juftice, or gains a Sub* jP.ftcnce by conftantly receiving Bribes, the Magiftrate fhall confifcate all the FQff.iTions of fuch Perfons, and banifti them the Kingdom. Ip ( 245 ) If a Phyfician, unfkilled in the Art of Phyfick, caufes any One to take a Medicine, or, if (killed in his Profeflion, he gives not to a fick Man the Remedy proper for his Diforder, in that Cafe, if he hath adminiftered his Phyfick to a Man of a fuperior Call, the Magiftrate fliall fine him One Thou- fand Puns ofCoicries -, if he hath given it to a Man of an inferior Caft, he fhalt fine him Five Hundred Puns of Cowries-. If a Man, by Device or Deceit, takes any Thing from a Perlbn, who can- not diftinguidi between Good and Evil, the Magiftrate fliall fine him Five Hundred Pum of Cowries^, If a Man, ignorant of Aftrology, tells the Magiftrate of his own accord, that, feme Calamity will happen to him, the Magiftrate fliall fine him, accord- ing to the Extent of his Fortune. If a Waftierman wears another Man^s Cloaths, the Magiftrate ftiall fine him Three Puns oi Cowries* If a Man fells White Copper, and Tutanague made to counterfeit Silver, theMagiftrate ftiall break the Hand, Nofe, and Teeth of fuch Perfon, and fine him One Thoufand Ptcns of Cowries: If a Man fells Silver, or any other Article made to counterfeit Gold, the Magiftrate fliall break his Hand, Nofe and Teeth, and fine him One Thoufand Puns of Cczvries; if he is conftantly guilty of fucii Pracflices, the Magiftrate fball cut him into Pieces widi a Razor, If a Man fells any White Stone made to counterfeit a Jewel, or the Thread cf Cotton made to counterfeit Silk, or common Fuel. Wood made to counter- feit ( 246 ) feit Sandalwood, in felling fuch Counterfeits, whatever Price he has exaded, greater than the real Value of the Article, the Magiftrate jQiall take Eight Times as much from him as a Fine. If a Man fells Clay made to counterfeit Mufk, or any other Articles, in felling it, whatever Price he has exaded, greater than the real Value of fuch Article, the Magiftrate fiiall take Eight Times as much from him as a Fine j and whatever Price the Purchafer hath given, he fliall receive it back again, and the Magiftrate fhall return to the Seller tiie Article fold. If a Man fells any Article, by a nice Imitation and Counterfeit made to look like Pearls or Coral, whatever Price he hath received for fuch Article, the Magiftrate fhall return that Price to the Purchafer, and fhall take Double of chat Sum as a Fine, and the Seller fhall receive back the Article fold. Gold, which, on being burnt One whole Day and Night, lofes Nothing of its Weight, is called pure Gold ; when a Man Ihews fuch Gold to a Perfon well fkilled in affaying that Metal, and requires his Opinion of that Gold, if that Man anfwers, that, the Gold in Qiieftion is not pure, in that Cafe, the Magiftrate Ihall fine him according to his Means. If One Hundred 'Tokchehs of Silver, upon being melted One whole Day and Night in the Fire, are but Two 'Tokchehs deficient, fuch Silver is called pure ; when a Man fhews fome fuch Silver to a Perfon well fkilled in affay- ing that Metal, and requires his Opinion of that Silver, if that Perfon anfwers, that, " The Silver in Queflion is not pure, the Deficiency will be greater thaa the cuftomary Two Tokchehs^'' in that Cafe, the Magiftrate fhall fine him ac- cording to his Means, ( 247 ) If One Hundred Tolecbebs of Jrzeez (Tm) and Lead, upon being melted One whole Day and Night in the Fire, are but Eight Tolechehs deficient, h\ch/lrzeez and Lead are pure; when a Man fliews fome (uch^rzeez and Lead to a Pt-rfon well flvilled in aflaying thofe Metals, and requires his Opinion thereon, if that Perfon anfwers, that, ^'ThlsJrzeez and Lead are not pure, the Deficiency will be greater than that of the ufual Eight T&lecb€bs,'' in that Cafe, theMagiftratc ftiall fine him according to his Means. If One Hundred Tolecbshs of Copper, upon being melted One whole Day and Night in the Fire, are Five Tolecbebs 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 lliews fome fuch Copper and Iron to a Ferfon well fkilled in aflaying thofe Metals, if that Perfon fays, " This Copper and Iron are not pure," the Magiftrate fliall fine him according to his Means. If a Man gives to be woven One Hundred I'olecbebs Weight of coarfc Cotton Thread, or of coarfe Silk, upon being finiflied, its Weight Ihall be increafcd Ten Tokcbebs; if he gives middlingThread, it fliall be increafed FWeTolecbebs;- if he gives fine Thread, it fliall be increafed Three Tokchehs\ fuch Cloth, if a Man fhevvs to a Perfon well fkilled in judging thefe Matters, and that Perfon fays lefs than the Weight herein above fpecified, the Magiftrate fhall fine him according to his Meaus. 4I SECT. ( m8 ) SECT. III. Of the Fines for concealed Theft, Whoever, by breaking through Walls, hath frequently ftolen much' Wealth, the Magiftrate lliall caufe the Booty to be returned to the Owners, and Ihall cut off both the Hands of fuch Perfon, and crucify him. Whoever, robs on the Highway, the Magiflrate fhall cauie a Rope to be lied about his Neck, and lliall thus deprive him of Life. A Thief, who, by plundering in his owm Country, fpoils theProvince, the Magiflrate fhall confifcate his Goods, and crucify him ; if he robs in another Kingdom, he fhall not confifcate his PolTcfTions, but fliall crucify him. If a Man fteals any Man of a fuperior Caft, the Magiflrate fhall bind the Qx2S^Bema{2i particular Species of Grafs fo called) round his Body,and burn him with Fire; if he fleals a Woman of a fuperior Cafl, the Magiflrate fhall caufe him to be ftretched out upon a hot Plate of Iron, and, having bound the Grafs Beena round his Body, fnall burn him in the Fire. If a Perfon fleals a Man orWoman of a middling Caft, the Magiflrate fliall cut off both his Hands and Feet, and cafl him out upon a Highway where Four Roads meet. If a Perfon fleals a Man of an inferior Cafl, the Magiflrate fliall fine him One Thoufand Vuns of Cowries \ if he fleals a Woman of an inferior Caft, the Mag'.flrate (hall confifcate all his Property. If ( 249 ) If a Man, in the Time of War, fteals an Elephant or a Horfe, the Magif- trate fhall deprive him of Life; if it is not in Time of War, he fhall cut off from him One Hand and One Fo»c. If a Man fteals an Elephant or a Horfe excellent in all Refpefts, theMagif- trate lliall cut off his Hand, and Foot, and Buttock, and deprive him of Life. If a Man fteals an Elephant or a Horfe of fmall Account, the Maglflrate fliall cut off from him One Hand and One Foot, If a Man fleals a Camel or a Cow, the Maglflrate fhall cut off from hiai One Hand and One Foot. If a Man fleals a Goat or a Sheep, the Maglflrate fliall cut off One of his- Hands. If a Man fleals any fmall Animal, exclufive of the Cat and the Weafel, the Magiflrate fhall cut off Half his Foot. 'O If a Man fleals a greater Qiiantity thanTen Kcmhehs of Paddee, or Wheat, or Barley, or fmall Gram, or Doll, or Grain, or Muflard-Seed, or Kunjud, or. any fuch Sorts of Grain, the Maglflrate fhall deprive him of Life. The Mode of Computation of the Komheh is this : Three 1'olechehs, Two Maiijhs and Eight Surch make One P«/, Four Fuh ---- One Koodup, Four Kcodups ---^--- ----------- One Perujl, Four ( 250 ) Four Perhp - ^ - make ------- One Jdbuk, Four Jdbuks - - ^ - - One Deroon, Twenty Deroons One Komheh: Acccrding to the Ordinatms of Kulp-teroo. Pachejhputtee Mifr fays, that. Twelve Handfuh make One Koodup, Four Koodups One Perujl^ Four Perup One Jdhuk, Four Adhuks ^ One Deroon, Twenty Deroons One Komheh, "But, according to the Ordinations of Sewdrteh Behtdchdrige, it is thus : Eight Handfuls make One Koonchy^ Eight Koonchys One PooJkuJ^ Four Poojkuh s One Adhuh^ Four Adhuks One Deroon^ Twenty Deroons One Komheh, %* This is approved (or cuftomary.) If a Man deals a lefler Qiiantity than Ten Kombehs of Paddee^ or Wheat, or Barley, or fmali Gram, or Doll, or Grain, or Muftard-Seed, or Kunjud, or any fuch ( 251 ) fuch Sorts of Grain, in that Cafe, the Magiflrate fliall take, as a Fine from the Thief, Eleven Times as much as the Quantity Ilolen, and return the Article ilolen to the Ov/ner. If a Man ftcals from another Perfon's Granary as much Paddee, or Wheat, or Barley, or fnall Grum^ov Doll^ or Grain, or Muftard-Seed, ov Kunjud^ or any fuch Kinds of Grain as may be computed to be a fufficient Burden for One Man to carry, in that Cafe, the Magiflrate fhall caufe the aforefaid Grain to be returned to the Owner, and Ihall line the Thief One Hundred Puns oi Cowries. If a Man Reals from his Friend's Granary as much Grain as may be com- puted a fufficient Burden for One Man to carry, the Magiflrate fliall caufe the aforefaid Grain to be returned to the Owner, and fliall fine the Thief Fifty Puns of Cowries. If a Man fleals Grain that has been reaped, which has not yet been taken from the Straw, the Magiflrate fliall fine him Five Coins of Gold, and give back the aforefaid Grain to the Owner. If a Man hath cultivated, by Shares, the Arable Land of any Perfon, and, for want of his proper Care and Cuilody, the Crop on that Ground fliould be flolen, in that Cafe, whatever Share of Produce of tliat Ground the Cultivator was to have received, the Magiflrate fhall line him Teii Times as much, and fliall caufe to be given to the Owner of the Ground whatever was his proportionate Share; if it be flolen by the Fault of the Cul- tivator's Servant, he fhall only pay Five Times as much for the Magiflrate's Fine, but the Servant fliall be held to make good the Fine. ., ^WU ..i.V, .^W» , ..l.W .X.«.» ..V, ..^.V. VV. ..,^.^^ ^v If a Man flieals Camphire, or round Pepper, or Cardamoms, or Nutmegs, or Cloves, or fuch Kind of Things which are weiglied in fmaller Scales, the Magiflrate fliall caufe the Article flolen to be returned to the Owner, and fliall 4 K fine ( 'S3 ) fine the Thief Ten Times as much;, if he fteals of theft? Things more than the Value of Ten Rupees^ the Magiftrate Hiall deprive him of Lite. Tf a Man fteals Gold, or Silver, or fine Cloth, to a greater Amount than One- Hundred i^^^p^^j, the Magiftrate Ihall deprive him of Life-, if he fteals to a Icfs Amount than One Hundred Rupees^ and to a greater Amount than Fifty Rupees, heftiallcutoff his Hand; if he fteals lels than the Value of Fifty: Rupees, and more than that of Twenty-five Rupees, the Magiftrate fliall fine him Eleven Times as much; if he fteals to a lefs Value than Twenty-five Rupees, the Magiftrate fliall chaftife him, and caule tlie Article ftolen to be returned to the Ovvner. If a Man fteals Jewels of a confiderable Value, the Magiftrate fliall deprive him of Ivife; if they are of fmall Value, he fliall fine him One Trioufand Vuns o{ CcivrieSy and give back the Jewels to the Owner. If a Man, in the Seafon of cultivating Land, and of fowing Grain, fteals a Plough, or any other Implement of Hulbandry, the Magiftrate fnali caufe luch Implement to be returned to the Owner, and ftiali fine tliatMan One Hundred and K'ght Funs of Cowries. If a Man fteals ^urreh, that is to fay Sagh, that is. Greens or Roots, fuch as Ginf^er, or Onions, or ^ilrb, that is, Radifties, or any fuch Kind of Things, the Maoiftrate fnall fine hiin One Hundred. P//;/j of CuiiTtcs, and caufe the Article llolen to be returned to the Owner. If a Man fteals Milk, or any Thing that is made of Milk, the Magiftrate fliall caufe the Thing ftolen to be returned to the Owner, and fhaJl take Doi ble of the Value for a Fine. Ir ( ^52 ) If a Mail Hieals the Flowers called MXafifer^ or Koop.n, or fuch Kind of Flowers as are ufcd in dying Cloths, or the Luith Tree, or any other Shrub, the Magiftrate fhall caufe the Article ilolen to be returned to tl^e Owner, and take Five Coins of Gold as a Fine. If a Man fteals Cane, or Bamboo^ or any fuch Wood, which is hollow within, the Magiilrate fhall caufe the Article flolen to be returned to the Owner,, and take Double the Value thereof as a Fine.. If a Man deals Thread, or Cotton, or Cow Dung, or Hay, or Water, or Sugar, or Cane Tckeries (a Tokerie is a Bafliet made of Cane, wherein any Thing may be depofited) or Salt, or Earthen Pots, or Clay, or Sand, or Dull, or Fiili, or Birds, or bitter Oil, or Meal, or Honey, or Leather, or the Teeth or the Bones of Animals, or Spirituous Liquor, or Viftuals, or Fruit, the Magiflrate fliall caufe the Article flolen to be returned to the Owner, and ihali line the Thief in Double the Value.. If a Man hath beenguilty of great Theft in. thefe Articles, the Magiflrate fiiall fine him Five Times the Value. Tf a Man fleals any Wood which has been prepared for any particular Pur- pofe, or Stone, or Images of Clay of an excellent Shape, or a Bafket of. Beet {Beet is a Sort of Grafs which has Prickles on its Back) the Magiflrate fhall eaufe the Commodity flolen to be returned to the Owner, and fhall take Five Times as much for a Fine. If a Man fleals the Water of a Pool, or of a Bafon, the Magiflrate fhall fine him Two Hundred and Fifty Puns of Cowries \ and whatever Qiiantity of Water he hath flolen, he fliall c»iufe to be returned to the Owner, ( 25+ ) If a Man, having ftole«n any Thing, affirms, that, he hath not ftolen it^ and the Faft is afterwards proved upon him, the Magiftrate fliall take from him a Fine of Four Times as much, and caiife the Article flolen to be reftored to the Owner. If a Man fteals One Wheel, or any other Part of the Furniture of a Hacken, the Macriflrate, caufing fuch Article to be returned to the Owner, fhall fine the Thief Forty Puns of Cowries. If a Man fteals a Chuckreh (or fmaller Sort of Hackery ufed for carrying Burdens) the Magiftrate ftiall fine him One Hundred and Eighty Funs of Covmes. If a Man fteals the Fire of the Jugg^ the Magiftrate ftiall fine him One Hun- d red ViLm of Cowries. If a Man fteals the Bucket and Rope that is at the Mouth of a Well, the" Magiftrate fhall fine him OntMaJheh of Gold. Tf a Man, with Intent to fteal, fliould once open any Thing that is clufed up, and fhould be caught in the A6t, the Magiftrate fhall cut off his Finger; ifhefhould thus open any Thing a Second Time, he fhall cut off his Hand and Foot J if he opens any Thing the Third Time, he fhall be put to Death. If a Man, with Intent to fteal, fliould bind up any Thing that is open, and becaughf in the Ad, the Magiftrate fliall caufe him to be punifhed as a Thief. If a Man fteals any Flowers, or Fruits, or Wood, or Grafs, belonging to a Braminy the Magiftrate fliall cut o?i his Hand. In ( 555 ) Im Thefts, where the Magiftrate would put to Death a Man of any otlier Caft, if the Offender be a Bramin^ he Oiall not be put to Death. If any Brajnin, who is a Man of Property, and doth not lludy the Beids\ fbould commit a Robbery that deferves Death, the Magiflirate fliall not put him to Death, but he fliall confilcate all his Effedls, and banifli him from the Kingdom. Iv any Bramin, who is poor, and who ajfo neglects to fludy the Beids, fliould commit a Robbery that deferves Death, the Magiftrate fliall faften a Chain to the Leg of fuch Bramin, and caufe him to becoirje a SJave for Life, and give him fuch a Subfifl;ence, as that at all Events his Life may be preferved. If a learned Bramin, whether rich or poor, commits a Robbery that de» feryes Death, the Magifl:rate fliall confine him in Prifon for Life. If a Bramin of moderate Capacity, who is neither very learned, nor very ignorant, comnoits a Robbery that deferves Death, the Magiflrate fliall fl:amp the Mark of the Pudendum MuUehre upon his Forehead with ^ hot Iron, and banifli him from the Kingdom, If a Bramin of no Capacity, who is not firm in the Principles of his Cafl:, commits a Robbery that deferves Death, the Magiflirate fliall put out his Eyes. If a Bramin, who every Day performs the Jugg, commits a Robbery that deferves Death, the Magifl:ratc fliall cut off the Hair of his Head. 4L { 2S6 ) If a Bramlny not having any Means of Subfiftcnce, fhould at fuch Tlmt- fteal merely as much as is neceflary to fupport himfelf, the Magiftrate Ihall not take any Fine from him, but Ihall caufe him to make the Perajhchut (or Expiation.) Exclusive of the Articles above fpecified, if a Perfon fleals any other Articles, the Magiftrate fhall fine him in the Price of fuch Article^, whatever it may be. SECT. IV. Of Apprehe7iding thieves. If a Man Ihould find upon any Perfon Irons for breaking into Houfes, or any other Implements of Robbery, he fhall call him a Thief, and apprehend him. If a Man fees another Perfon in PofTefTion of Things not fuitable to him, he fhall fufpedt him to be a Thief. A Man, who has no Income, and whofe Expences are large, fuch Man fhall be fufpefled for a Thief. When a Perfon is fufpedcd to be a Thief, he fhall be afked in what Qiiar- ter his Habitation is, in what Kingdom, in what Town, in what Place, and of what Caft he is, and what his Name is ? upon fuch Qiieftions, if, in giving his Anfwer, he fhould change Colour, or his Voice fhould alter, or he be feized with ( 257 ) with a Trembling, and cannot fpeak wirh Eafe, and fatIsra6lorily, and prevari- cates in his Account, and cannot prove his Habitation or his Caft to be what he affirms, and fpends his Money always in criminal Expenccs, and holds an Intimacy with bad Men, and all this is proved, he fliall be judged a Thief J if thefe Signs are not found upon him, he is not a Thief. From a Place whence any Thing has been ftolen, if they can trace the Footfteps of the Robbers to the Houfe of any Perfons, or if the Article- ftolen hath by little and little dropped in the Way, and may be traced to that Perfon's Houfe, or if fuch ftolen Goods be found upon any Pcrfon, he Ihall be called the Thief, and apprehended accordingly. If the Footfteps of a Thief may be traced forfome little Diftance, or if the- Article ftolen hath dropped for a little Diftance, and afterwards no farther Sign can be found, then, whatever Town is near the Place where thefe Signs have for a little Way extended, the Thief fhall be judged to lurk in that Town-, if there-are Two Towns near that Spot, then the Thief fhall be fuf- pefled to be in cither of thofe Towns where there are moft People who are capable of committing a Robbery, and whoever is taken up on Sufpicion of the Robbery ftiall be obliged to take his Oath, or ftand the Purrikeh (or. Ordeal.) If a Bramin, or a Cbebleree, or a Bice^ being on a Journey, fhould not have wherewithal to furnifh his Expences upon the Road, and, for that Purpofe, . Ihould take from the Lands of any Stranger Two Plants of Sugar Cane, orr Two Radilhes, and eat them, in this Cafe, they are not to be taken for. Robbers-, and fuch Perfons alfo are permitted to take as much as they can eat of the Fruit of fuch Trees as bear Fruit with Bloflbms, and ihey may, alfo take and eat the Roots of fuch Trees. li ( 258 ) If a Man takes Wood from a Stranger's Trees, for the Purpofe of per« forming the Jugg^ he lliall not be reckoned a Thiefj and whoever takes Grafs for an Offering to Cows, fuch Perfon alfo is not a Thi^f. If a Bramin takes from the Land of a Stranger Wood for the Jugg, or Flowers, or the Grafs Kofe (which is a particular Species of Grafs) heiliall not. be taken for a Thief. SECT. V. Of thcfe PerJo7is who are to he conftdered as Thieves. If any Perfon, wearing the Braminical Thread, fhould receive any Thing from a Thief, knowing him to be fuch, for inftrufling him iq any Science, fuch Branm is to be confidered like a Thief, If any Perfon fets Fire to any Man's Houfe, with Intent to fteal any Thing from thence, fuch Perfon is to be confidered as a Thief. If a Man furniOies Viduals for a Thief, knowing him to be fuch, that Perfon alfo is to be confidered as a Thief. If a Man fuj*nilhes another with Irons for Houfe- Breaking, and fuch other Implements for the CommilTion of Theft, he alfo is to be confidered ^s a Thief. If a Man furniflies a Place of Abode for a Thief, knowing him to be fuch, that Man alfo is to be confidered as a Thief. When (, 259 ) When a Thief has an Intention to itt-al any particular Article, iFany Stranger ads in fuch a Manner as to give the Thief an Opportunity of ftealing that Article, he alfo is to be confidered as a Thief. If any Man gives a Thief Inftruments for the Commiflion of Theft, he alfo is to be confidered as a Thief. When a Thief goes to any Diftance to commit a Robbery, if another Perfon, knowing him to be a Thief, furnifhes him with Provifions for his Journey, he alfo is to be confidered as a Thief: The Magiilrate ihail fine a Man, in any One of thefe Predicaments, One Thoufand Puns oi Cowries. If a Perfon, who is able to apprehend Thieves, upon Difcovery of a Thief, fhould not apprehend him, he alfo is to be confidered as a Thief; The Magiilrate fhall inflidl upon fuch Perfon Half the Punilhment of a Thief. He who conceals a flolen Article fhall alfo be confidered as a Thief: The Magiilrate fliall inflid upon fuch Perfon Half the Punifliment of a Thief, He who purchafes a flolen Article, knowing it to be flolen, is alfo to be confidered as a Thief: The Magiftrate fhall inflid upon fuch Perfon Half the Punifliment of a Thief. If a Magiftrate has not fufficient Power to punifh a Thief, and, in that Cafe, even gives him wherewithal to fubfifl, then it is no Fault of the Magif- trate. If a Perfon, who has been appointed by the Magifiirate to take care of the Peace of the Country, does not properly execute his Office, he alfo is to be 4 M confidered ( 26o ) confidered as a Thief: The Magiftrate fliall inflia upon fuch Perfon Half the Puniiliment of a Thief, If a Perfon finds any ftolen Commodity in the Hands of any Man upon the Road, and does not puniOi that Perfon to the utmoft of his Power, the Magiftrate fliall banilh fuch Perfon from the Kingdom. SECT. VI. Of the Chokeydars (or Watchmen) makmg good StoIe?tArticles»-^ Whoever are appointed by the Magiftrate, for the Protedlion of any City or Town, lliall be held to proteft fuch City or Town ; if any Thing be ftolen in fuch City or Town, and thofe Perfons cannot produce the Thief, they fhall make good the Article ftolen. If a Robbery is committed out of a City or Town, the Head Perfon of that City or Town ftiall make good the Theft ; if the Theft is committed in the unfrequented Part of the Country, the Magiftrate fliall make it good ; and afterwards the faid Magiftrate, having by Search detcded the Thief, ftiall caufe him to make good the Article ftolen : If the Magiftrate does not ad thus, he is criminal •, if he can take the Thief, he ftiall deliver him over to the Owner of the Article ftolen. If a Man, who hath loft a Number of Articles by Theft, fliould find any One of thofe Articles upon any Perfon, he ftiall oblige that Perfon to make good the whole-, if the Owner of that Article fays, " A great Number of oihrr Things were ftolen at the fame Time witli this," and the other Perfon lays. (' 26 1 ) fays, '* I took Nothing But this One Article," the« tliis Perfon fliall either take his Oath, or ftand to the Purrikeh (Ordeal) and if the aforefaid Article was found in any Place, or was purchafed, then, if he can produce the Perfon from whom it was purchafed, there is no Claim upon the Perfon accufed. If the Guards and Watchmen find any ftolen Articles upon a Thief, and do not know the Owner of thofe Articles, the Magiftrate fhall detain in fafe Cuftody thofe Goods for One Year \ if, within the Year, the Owner of the Goods fliould come and prove his Property therein, the Magiftrate fliall give up the Things to himj and if there is no Owner, he fhall keep the Goods to. himfclf.. According to the Ordinations oi PacheJJjputtee Mifr. If the Guards and Watchmen find any flolcn Articles upon a Thief, and do not know the Owner of thofe Articles, the Magiftrate fhall detain the Goods in fafe Cuftody for One Year; if, within the Year, the Owner of the Goods (liould not appear, he fliall give One Qiiarter Share of the Goods to the Watchmen, and keep the remaining Three Q^iarters thereof to himfclf. According to the Ordinations of Cbcndeefiir : Approved (or cuftomary ) If a Watchman hath found any ftolen Goods, and a Perfon fhould fay, "This Article is ;i-iy Property," he fhall then inquire of that Perfon, what. Article it was that was fiolen from him, and of what Kind it was, and of what Size or Qiiantity, and from what Place, and on what Day it v/as ftolen ? then, if that Perfon, according to each Qiieftion, can give in an Anfwer with Proof, the Magiftrate fliail give up the Article to him ; if he cannot bring Proof, then, whatever was the Value of the Thing claimed, the Magiftrate fhall take lb much from him as a Fine. C HAP.' ( 263 )> 'M lie \i' •• . nA-i C H A P. xviir. O/* Sh^hep^ i. e. Violence (which has Three DiJlinStions.) 1. When a Man by Violence breaks, or throws away, or takes to himfelf any Fruit, or Flowers, or the White Stone called Pehteek^ or any Roots, fuch as Ginger and Radifhes, and fuch Kind of Things, or a Plough, or any Imple- ments of Ploughing, and fuchKind of Things of inconfiderable Value, belong- ing to a Stranger. 2. When a Man throws a Serpent into a Stranger's Houfe, or breaks down a Stranger's. Wall, or breaks down a Bridge, or tears a Flag, or by Vioknce takes to himfelf,, or fpoils,or throws away the Animals, the Vidiuals and Drink, or Cloaths of a moderate Value, or any fuch Kind of Things of a moderate Value, belonging to a Stranger. 3. When a Man by Violence takes to himfelf, or fpoils, or throws away any Image ofDezviab (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 Effeds confecrated to Dewiah^ or the Efted:s of a Bramin^ or fuch Kind of valuable Articles, or commits Murder. If a Man takes to himfelf, or fpoils, or throws away any choice FVuit, or Flowers, belonging to another Perfonjthe Magiilrate fliall caiife him to return to that Perfon fuch Fruit and Flowers, and fhall fine him One Hundred Puns of ( 263 ) oi Cowries \ and if he r[ioils ortakes to himfclf any orJiniry Fruit or Flowers, the Magiftrate fliall fiiie hini in Five Times their Value. If a Man very much injures and breaks the \Vhite Stone cillcd Pcbt'el\ belonging to another Perlbn, the Magirtrate fhill caufe liim to give to that Perfon a Stone of the f;ime Kind, or the Value of it, and fhall fine him Two Hundred and Fifty Puns of Cowries-, if it is not fo much broken, he fliall take a fomewhat lefs Fine; if it be broken but a little, he iliali take a ftiU fmalier Fine from him. If a Man dams up the Channel, through which the Water is brought to fill a Pool, the Magiftrate fliall fine him Two Hundred and Fiky Puns of Cowries, and caufe him to repair the Channel. If a Man, by Violence, breaks down a Perfon's Houfe, together with the Wall, the Magiftrace fliall caufe him to repair the faid Houfe and Wall, and fliall fine him Five Hundred Puns of Cowries-, if he breaks down the Wall, the Magiftrate fliall caufe him to repair the Wall, and fhall fine him Forty Puns ot Cowries; if he breaks the Wall in fuch a Manner that it be cracked, the Magiltrate fhall fine him Twenty Puns of Cowries; if he hath ad:ed in fuch a Manner that the Wall mud foon be broken, he Ihall fine him Fifteen Puns of Cowries. If a Man, by Violence, throws into another Perfon*s Houfe a Snake, or any other Animal of that Kind, whofe Bite or Sting is mortal, the Magiftrate Ihall fine him Five Hundred Puns oi Cowrie Sy and make him throw away the Snake with his own Hand. If a Perfon, by Violence, throws into another Man's Houfe any Thing that caufes him a grievous Moleftation, the Magiftrate (hall fine that Perfon One 4 N Hundred ( 264 ) Hiin^rfd Pum of CcwrieSy and make him throw away the oflfenfive Article with his own Hand. If a Man throws a Brier into any Perfon's Houfe, the Magiftratc fhall 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 Magiftrate fhall fine hiirv Five Hundred Pum ofCozvries, and caufe him to repair the Bridge or the Flag. If a Man breaks a large Bridge, the Magiftrate fliall deprive him of Life» If a Man, by Violence, breaks or burns a valuable Image of DewiaJb, tlie Magiitrate fhall fine him One Thoufand Puns of Cowries -y if it be a middling Image, he fhall fine, him Eight Hundred Puns of Cowries -y if it be an Image of fmall Importance, he fhall fine him Two Hundred and Fifty Puns of Cowries, If a Man^ by ViolenGe, breaks or fpoils a Garden, or a Well, or a Bank of Land, the Magiftrate fhall fine him Eight Hundred Pms of Cowries-, Ira Man, by Violence,, fpoils any Seeds or Grain belonging to another^ the Magiftrate fhall fine him in proportion to the Ofi'ence. Ira Man fets fire to the Tillage or Plantation of another, or fets fire to a HoulV, Q? to a Granary, or to any uninhabited Spot where there is much Fruit o? Flcwtrs, tiie Magiftrate, having bound that Pcrfon's Body in the Grafs Beef:a (which is a particular Species of Grafs) fhall burn him with Fire. Ie a Man breaks down the Walls of a City, or fills up the Ditch that de- fends the City, the Magiftrate fhall deprive him of Life. If (- 265 ) If a Man imprlfons a Perfon who is innocent, and not worthy of rmprifon- ment, or if he releafes a Perfon whom it is his Duty to confine, the Magillrate fhall fine him One Thoufand Puns of Coivnes. If a Magiftrate, by Violence, forces a Fine from a Man who is guiklefs, or confers Favours upon One who is guilty, that Magiftrate {hall pay a dou- ble Fine. If feveral Perfons deprive any One living Creature of ics Life, the Ma- giftrate fhall fine the Perfon, by whofc injurious Treatment the Animal was deprived of Life, a Muld, in proportion to what has been already ftated as a Fine for the Death of each particular Animal, and he fhall fine all the reft Half as much. If a Man either knowingly or ignorantly fpoilis a great Number of Articles belonging to another, the Magiftrate fhall fine him Double of what has been fpecified for the Fine upon fpoiling each particular Article,. If a Man ftiikes either his Mother, his Father, or his Spiritual Guide, with. his Hand, the Magiftfate fhall cut oft* his Hand-, if with his Foot, he fhall cut off the Foot; in the fam^ Manner, with whatever Limb he affaults, that Limb ftiall be cut ofi' Exclusive of the Crimes and Fines above fpecified, if a Man commits a Crime of the Firft Diftinflion of the^'^^-^-^, the Magiftrate, caufmg the Arti- cle to be made good to the Proprietor, and inquiring into the Degree of the Guilt,, fhall fine the Ofix^nder refpedively from One Hundred to Two Hun- drtd ( 266 ) dred and Fifty Puns of Cczuries; if he commits a Crime of the Second Diltinc- tion of the Shabejh, or middling Offences, the Magillrate, inquiring into the Degree of the Guilt, fliall fine him from Two Hundred and Fifty to Five Hundred Puns of Cowries; if he commits a Crime of the Third Diftinclion of. the Skahe/h, or worit Offences, the Magiftrate, inquiring into his CaH: and the Degree of the Guilt, according to the Offence, fhall fine him in Double the Value of the Article, or fliall fine him equal to the Value of the Article, or fliall fine him One Thoufand Puns of Co-wries, or fhall fine him his whole Pro- perty, or fliall brand him in the Forehead, with a hut Iron, with the Mark of the Pudendum Muliehe, or fhall banifli him from the Kingdom, or fliall cut off Mis Pland, or his Foot, or fome other Limb, or fhall deprive him of Life. If a Perfon fliould be found dead in any Place, and it is not known who killed him, then the People fhall afk his Son, or whatever other Peifon is in. his Family, whether or no the Deceafed was at Enmity with any Perfon -, or whether he had any fevere Diforder ; or v/hether his Wife is of b^d Principles or not ? and alfo with whom the Deceafed went out, and upon what Occafion? and they fliall alio, in a friendly Manner, fift the Perfons upon the Spot whert the Deceafed died, by afking, " How did this Perfon die? you mull certainly know ;" then, if the Deceafed was at Enmity with any Perfon, and that Per- fon be near at hand, it fhall be confidered, whether that Perfon killed him ; and if he had any fevere Diforder, it fhall be confidered, whether he died of that Diforder; and if his Wife be of bad Principles, then the Sufpicion falls upon her ; and if the Perfon, with whom he went out upon Bufinefs, be of bad Character, the Sufpicion falls upon him; and whatever Article was about the Deceafed, if that Article be found upon any Perfon, he is to be fufpeded -, and if any Signs be found upon thofcMen whom they queflion, the Magiftrate, or the Magiftrate's Officers, upon the fame Conjefture, fhall caufe whoever is taken up either to undergo the Purrikeh (Ordeal) or to take an Oath; if, by the ( 267 ) the Oath, or by the Purrikeh^ any Perfon be found guilty, the Maglftratc Ihall put to Death both him and his Accomplices; if he be found innocent, he Ihall be rcleafed. 4O CHAR ( 268 ) CHAP. XIX. ■/«:r^>. Of Adultery. Sefb. I. Of the fevcral Species of Adultery. Seft. II. Of the Fines for the feveral Species of Adultery. Sea. III. Of the Fines for Adultery. Se6l. IV". Of Adultery with an unmarried Girl. Sect. V. Of Thrufting a Finger into the Pudendum of an unmarried Girl, Sed. VI. Of Stealing away an unmarried Girl. Sed. VII. Of Adultery with a Woman of bad Charadter, or a common Proftitute. Seel. VIII. Of the carnal Conjundion of a Man with any Beaft. S E C T. I. Of the feveral Species of Adultery^ which are of Three Sorts, Flrjl Species is, when, in a Place where there are no other Men, a Perfon, with Intent to commit Adultery, holds any Converfation with a Woman, and Winks, and Gallantries, andSmiles pafs on both Sides ; or the Man and Woman hold Converfation together in the Morning, or in the Evening, or at Night, or any fuch improper Times-, or the Man dallies with the Woman's Cloaths, or fends a Pimp to her ; or the Man and Woman are together in a Garden, or an unfrequented ( 269 ) Unfrequented Spot, or fuch other fecret Place, and bathe together in the fame Pool, or other Water •, or the Man and Womaa meet together in One viliting Place : This is called the Firft, or moft trifling Species. Second Species is, when a Man fends Sandal Wood, or a String of Beads, or Viduals and Drink, or Cloaths, or Gold, or Jewels to a Woman : This i« called the Second, or middle Species. Third Species is, when the Man and Woman Sleep and Dall/ upon the fame Carpet, or in fomc retired Place kils and embrace, and play with each others Hair; or when the Man carries the Woman into a retired Place, and the Woman fays Nothing : This is called the Third, or worfl: Species of • Adultery. SECT. II. Of the Fines for the f ever al Species of Adultery, ' Upon the Firft Species, the Magiftrate fhall take a Fine of Two Hun- dred and Fifty Funs of Cowries ; upon the Second Species, he fhall take a Fiae of Five Himdred Funs of Cowries \ upon the Third Species, he fhall take a Fine of One Thoufand P«;w of Co-K^nVj; from a Man who commits thefe feveral Species, if he be wealthy, a ftill larger Fine fliall be taken. If a Man of an inferior Caft commits the Firft Species with a Woman of a fuperior Caft, with a criminal Intent, the Magiftrate fhall fine him Eight Hundred P^a? oi Cowries \ if he commits the Second Species, he fliaU cut ( tio ) cut off One of his Limbs j if be commits the Third Species, he fhall deprive liim of Life. If a Man, having at firft begun a trifling Converfation with a Woman^ afterwards increafes and prolongs fuch Converfation, the Magiftrate fhall fine him Two Hundred and Fifty ?ims of Cowries. If a Man, without any criminal Intention, holds a Converfation upon Bufmefs with a Woman no ways related to him, he fhall not be fined. IF a Man commits tlie fcveral Species above defcribed with a common Pro- ftitute, he fhall not be fined. If a Man commits the feveral Species above defcribed with a Girl, whofe Profeffion is Singing and Dancing, in Prefence of the Owner of that Girl, he fhall not be fined; if he fays any Thing to her fecretly, the Magiftrate fliall take a fmall Fine from him. If a Woman, who has a Mafter, goes of her own accord to the Houfe of another Perfon, and holds Converfation with him, that Perfon fliall not be fined. If a Man hath forbid another to hold any Converfation with a Girl belong- ing to him, and that Perfon afterwards enters into Difcourfe with that Girl, the Magiftrate Ihall fine that Perfon Two Hundred Ptms of Cowries; and if he has given his Girl the fame Prohibition, and flie afterwards holds any Dif- courfe with that Perfon, the Magiftrate Ihall fine that Girl One Hundred Puns oi Cowries; if he hath given this Prohibition both to the Man and the Woman, and they afcerwards hold Converfation together, the Magiftrate fliall fine each of them Two Hundred and Fifty Puns of Cowries* If ( 27^ ) If a Man, making himfelf a Mediator, carries McfTages between a r.'Ui\ and Woman, and contrives a Meeting for them in a retired PLice, the Magiftrate fhall take from him Half the tine of an Adulterer. If a Man furnifhes any Perfon with a Place for tlie CommlfTion of Adultery, the Masiftrate jfhall take from him Half the P'ine of an Adulterer. If a Perfon, without a criminal Intention, puts on Jewels, and a hanclfom? Drefs, and frequents an unmarried Girl, or a Woman who has been married, the Magiftrate Ihall cenfure him; if he hath frequented her, with a criminal Intention, the Magiftrate fliall fine him according to his Abilities. SECT. in. Of the Fi?ies for Adultery. If a Man, by Force, commits Adultery with a Woman of an equal or in- ferior Caft, againft her Confent, the Magiftrate fhall confifcate all his Poffef-^ fions, cut off his Penis, and caftrate him, and caufe him to be led round the City, mounted upon an Afs. If a Man, by Cunning and Deceit, commits Adultery with a Woman of an equal or inferior Caft, againft her Confent, the Magiftrate ftiall take all his Pofteflions, brand him in the Forehead with the Mark of the Pudendum Muli^ ehre, and banifli him the Kingdom. If a Man, by Violence, or by Cunning, or Deceit, or againft the Woman's Confent, com.mits Adultery with a Woman of a fupcrior Cali, the Magiftrate fhall deprive him of Life. 4 P If ( 272 ) If a Sooder commits Adultery with a Woman of the Bramin, or Chhieret^ or Bice Caft, who has no Mailer, the Magiftrate, conElcating all his Pofleflions,. Ihall cut off his Perns and his Tefticles^ If a Sooder commits Adultery with a Woman of the Bratnin Caft, who has- a Mafter, by her Confent, the Magiftrate fhall confifcate all his Effefls, cut off" his Penis and Tefticles, bind him upon a hot Iron Plate, and burn him with the Grafs Beena, If a Sooder commits Adultery with a Woman o-f the Chehteree or Bice Caft, who has a Mafter, by her Confent, the Magiftrate ftiall confifcate all his Ef- fedls, cut off his Pe?iis and Tefticles, bind his Body with the Grafs Beena^ and burn him. If a Sooder commits Adultery with a Woman of the Sooder Caft, who has a Mafter, by her Confent, the Magiftrate fhall fine him One Thoufand Puns of Coivries; if the Woman has no Mafter, the Magiftrate fhall fine him Five Hundred Puns of Cowries. If a Bice commits Adultery with a Woman of the Bra7mn Caft, who has no. Mafter, by her Confent, the Magiftrate fhall confine him One Year in Prifon, and fine him One Thoufand Pur^ of Cowries-^ if the Woman has a Mafter, the Magiftrate fhall bind him upon a hot Iron Plate, wind the Grafs Beemi round his Body, and burn him,, or burn him with the Grafs Kofe. If a 5/(:^ commits Adultery with a Woman of the Chehleree Caft, who has no Mafter, by her Confent, the Magiftrate fhall fine him One Thoufand Ptms of Cowries; if the Woman has a Mafter, the Magiftrate fhall deprive him of Lifci If { 273 ) If a C^^^^/tT the Magiflrate fhall put him to Death. I? { 277 ) If a Man commits Adultery with an unmarried Girl of inferior Caft, by berConfent, he fhall not be deemed guilty ; if it was done by Violence, the Magiftrate Ihall take a fmall Fine from him. If a Man commits Adultery with an unmarried Girl of an equal Caft with himfelf, having her own Confent, and that of her Father and Mother, then that Man fhall give to the Father of the Girl feme Money, and to the Girl herfelf thofe Prefents which conllitute a Woman's Property, and fliall marry her. SECT. V. OfThruJling a Finger into the Pudendum of an Unmarried Girl, If a Man, by Force, thrufts his Finger into x^t 'Pudendum of an unmarried Girl of an equal Call with himfelf, the Magiftrate fhall cut off Two of his Fingers, and fine him Six Hundred Tuns of Cowries. *^* According to the Ordinations of Chendeefur Sind Paneejaut : Ap- proved (or cuftomary.)— ^^^?'^^^ Hur fpeaks to this EfiFe6t,That, theMeafure of Two Fingers Ihall be cut off from his Penis, and a Fine of Six Hundred Puns of Cowries be taken from him. If a Man thrufts his Finger into the Pudendum of an unmarried Girl of an inferior Caft, by her own Confent, he fhall not be liable to Punifhment j if it was done by Violence, the Magiftrate fhall take a fmall Fine from him. If ( 278 ) If a Man thrufts his Finger into the Pudendum of 2in unmarried Girl of an equal Caft with himfelf, by her Confcnt, the Magiilrate fliall fine him Two Hundred Puns of Cozvries. If a Man, either by Violence or by PermifTion, thrufts his Finger into the Pudendum of an unmarried Girl of a fuperior Caft, the Magiftrate fhall con- fifcate all his Poficfllons, and put him to Death. If one unmarried Girl, by thrufting her Finger into the Pudendum of another unmarried Girl, Ihould make a Paflage, the Magiftrate fliall fine her Two Hundred Puns of Cowries^ and give her T If a Man, having played at any Game for a Stake, and, upon winning, having received the Money, doth not give to the Magiftrate the Share that is appointed him, then the Magiftrate Ihall fine him. SECT. II. Gf Ft7idi7ig any Thmg thai was lojl fivhich is called Needee.) If a Man, having loft any Thing for a long Space of Time, fo that he hath no Hopes of finding it, Ihould then recover it, he fhall inform the Magiftrate thereof; whereupon, if that Man be an ignorant and unfcientifick Perfon, the Man;iftrate iliall take to himfelf One Sixth Share of the Whole, and give the Five Sixths to the faid Perfon: if he is a Man of Science, the Masiftrate fliall keep to himfelf One Half, and return him the reft. If a Bramin, having for a long Space of Time loft any Thing, fo that he hath no Hopes of finding it, ftiould afterwards recover it, he fhall inform the Magiftrate thereof, but the Magiftrate fnall not take any Thing from him. If a learned 5r^;»/>, who regulates all his Actions conformably to the Bc'iJsy fhould find any Thing, the Property of a Stranger, which has been loft, and of which the Proprietor is not known, he Ihall inform the Magiftrate ; the Magift.rate ( 290 ) M.'i^i(l:rate Hull not dedud any Thing from that Article, but it ihall go entire to tke Briuni^h If an unlearned Bramin fliould find any Thing, the Property of a Stranger, which has been lofl, and of which the Proprietor is not known, he fliall in- form the Magiftrate, who fliall take tohimfelf One Sixth Share of the Whole, and give the remaining Five Sixths to the Bramin. \y a Chchleree fiiould find any Thing, the Property of another, which has .been loft, and of which the Proprietor is not known, he Ihall divide it into Four Shares •, One Fourth he lliall give to the Mao-iftrate, One Fourth to the Braniijis, and keep the remaining Two Fourths to himfelf. If a Bice fliould find any Thing, the Property of another, that has been loll, and of which the Proprietor is not known, he then fliall giv€ One Half thereof to the Bramins, and out of the Remainder he fliall give One Moiety to the Magiftrate, and keep the other JMoiety to himfelf. If a Seeder fhould find any Thing, the Property of another, which hath been ioft, and of which the Proprietor is not known, then, having divided it into Twelve Parts, he fliall give Five Twelfths thereof to the Magiftrate, and Five Twelfths to the Bramins, and keep the remaining Two Twelfths to himfelf. If a Man, having found any Thing that was loft, cither a Stranger's Pro- perty or his own, fhould negleft to inform the Magiftrate, he fhall receive .the fame Punifliment as a Thief. If the Magiftrate finds any Thing that was loft, the Proprietor of which is not known, in that Cafe, he fl-iall give One Half thereof to the Bramins^ and ihall take One Half to himdclf. SECT. f '^9^ ) SEC T. III. Of the Fines for ctitt'wcr T?^ees, "If any Perfon cuts the Branches of a Male Banyan Tiee, or of a Man^d Tree, or of a Moclferry Tree, or of a T'amarind Tree, or of a Female Ban- yan Tree, or of any fuch large Tree, the Magiftrate fhall fine him T'.vcnty7'/r;j of Cowries j if he cuts the Middle of the Tree, he iliall be fined Foriy Pum of Cowries ; and if he cuts it down from the Roots, he fnall be fined Eighty Funs of Cowries, If a Man cuts any Trees that are in a Yard of a Houfe, or in a Place where the Dead are caft, or on the Boundaries of Land, or in a Ilciut^ or in a Bazar^ or in the Place appropriated to Dewtah (i.e.) the Deity, the Magiftrate fliall fine him Double the Price of the Trees. If a Man cuts Q.Plafs Tree, the Magiftrate (hall fine him Double the Price of the Tree. If a Man cuts any of the Creeping Tree called Lut^ be it a large or a fmall Tree, or fuch Kind of the Lut as upon being cut produces a great Number of Branches, or any Tree whofe Branches are extremely crooked, or any fmall Tree, or any Tree which dies after its Fruit is once ripened, the Magif- trate fhall fine him Ten Puns of Cowries ; if he cuts down any Grafs, thq Magiftrate ftiall fine him One Pun of Cowries, If a Man cuts a Tree that is capable of bearing Fruit, the Magiftrate fhall fine him One Thoufand Puns of Cowries. 4 U ly ( 29^ ) If a Man cuts a Tree that is capable of producing Flowers, the M'agiftrate^ Hiall fine him Five Hundred Puns of Con ries.. Of all thefe Species of Trees above enumerated, if a Man cuts any One, the' Magiilrate fhall caufe him to return to the Owner, a Tree of the fame Species with that which was cut-, if he has no fuch Kind of Tree, he (hall caufe the Price thereof to be paid, and take a Fine, according to the Rate already above fpecified j neverthelefs, a Man may cut Trees for the Purpofe of performing ihejugg, or for making a.Plough, or for his Houfhold Bufinefs •, in fuch Cafes,, there is no Fine., SEC T. IV. Of the Tax upon Buying and Selling Goods.. If a Man pnrchafes Goods in his own Kingdom, and fells them again in hisv own Kingdom, then, whatever Profit he hath made upon fiicli Purchafe and Sale, he fhall give One Tenth of that Profit to the Magiflrate \. and if he- made the Purchafe in a foreign Kingdom, and the Sale in his own, he fhall, pay One Tv/entieth Share of the Profit to the Magiflrate.. If a Man, havirrg purchafed Flov/ers or Roots, fuch as Ginger or Radiflies,. or fuch Kind of Things, or Honey, or Grafs, or Fire Wood, from ano- ther Kingdom, lells them in his own, the Magiftrate fhall take to himfelf One Sixth, of the Profit arifing upon them, and give to that Perfon the other Five. Sixths. If f 293 ) Ir a Man fells any Thing of a lefs Value than One Ca.bdwim {or Sixteen Puns o{ Cowries) the Magiftratc fliall not take any Tax thereon. If a Man, having purchafed in another Kingdom any PaJdce, orWheat, or Plantains, or fuch other Fruit whofe Tree dies after once bearLns:, brin^rs and fells them in his own, he lliall give to the Magiftrate One Sixth of the Profit thereon, and keep Five Sixths to himfelf. Whatever Profit a Painter, a Smith, or fuch Kind of Workman may have made, by labouring at his own Bufmefs, the Magiftrate fhall charge nc^ Tax thereon-, nor fhall any Tax be taken upon the IVofit which any Perfon. hath made, as a Cojtd (or MefTenger) neither is there any Tax upon felling young Heifers. If a Part of a Man*^s Property hath been (lolen from him, no Tax fhall be fcvied by the Magiftrate upon the Sale of what remains unftolen. If a Serwultereeji. e.) a Brami?t kerned in the BeUsy fells any Thing, the Magiftratc fhall take no Tax from him. If a Man hath purchafed any Thing for the Worfhip oi Dew tab (i.e.) tiie Deity, the Magiftrate fliall take no Tax thereon. SECT. ( 294^ ) SECT. V. Of the Quarrels I? el ween a Father a?id Son. If a Quarrel fliould arife between a Father who is a Man of Capacity :ancl his Son, whoever is Witnefs in fuch a Cafe, the Magiitrate lliall line him Ten Ptins of Cowries. Ira Qiiarrel fhould fubfift between a Father who is a Man of Capacity and his Son, and any Perfon contrives by any Means to lengthen out the Qiiarrel, the Magiftrate fliall fine him One Thouland Puiis of Cowries. If a Qiiarrel lliould arife between a Father who is of fmall Capacity ahd his Son, whoever is Witnefs in fuch a Cafe, the Magillrate fhall fine him Three Puns oi Cowries, If a Qiiarrel Ihould fubfift between a Father who is a Man of no Capacity and his Son, and any Perfon contrives by any Means to lengthen out the Quarrel, the Magiftrate fhall fine him Eight Hundred Puns of Cowries. Whoever is Security upon a Quarrel between a Father and Son, the IM^giftr^.te fliall fine him Twenty-four Puns of Cowries. If a Son commits a Fault, the Father Ihall not be held as guilty for the Fault of the Son. SECT. ( 295 ) SECT. VI. Of Serving undeaii ViBuah, If a Man caufes a fuperior Bramin to eat Dung or Urine, the Muginratc fhall fine him Sixteen AJhrufies; if it be not a fuperior Bramin, he fliall hne hiiTi One Thoufand Puns of Cowries-, and if lie caufes him to eat Onions or Garlick, the Magiftrate fliall fine him One Hundred AJlmtfics\ if he caufes him to drink Wine, he fhall put him to Death. If a Man caufes a fuperior Chehteree to cat Dung or Urine, the Magiftrate iliall fine him Eight AJhrufies; if it be not a fuperior Chehteree, he fliall fine him Five Hundred Puns of Cowries; and if he caufes him to eat Onions of •Garlick, or to drink Wine, he fiiall fine him Fifty AJhrufies. If a Man caufes a fuperior Bice to eat Dung or Urine, the Magiftrate fhall fine him Four AJhrufies \ if it be not a fuperior Bice^ he fliall fine him Two Hundred and Fifty Puns o{ Cowries; and if he caufes him to eat Onions or Garlick, or to drink Wine, he fliall fine him Twenty-five Afijrufies. If a Man caufes a fuperior Man of the Sooder Caft to eat Dung or Urine, the Magiftrate fhall fine him Two Hundred and '^ihyPuns of Cowries; if it be not a fuperior Perfon, he fliall fine him One Hundred and Tvjcnty Puns oi Cowries. If a Man caufes a Perfon of the Arzal or lower Caft to eat Dung or Urine, the Magiftrate fhall fine him Fifty-four Puns of Cowries. If a Bramin voluntarily eats Onions or Garlick, the Magiftrate fliall banifli luch Bramin from the Kingdom. 4 X SECT. ( ^96 ) SECT. VII. 0/the Punijhme?2t to be injli&ed on a Sooder for reading the Beids. If a Man of the Scodsr reads the Beids of the Shafier, or the Pooran, to a Bramin, a Chehteree^ or a Bice^ then the Magiftrate fhall heat fome bitter Oil, and pour it into the aforefaid Sooder's Mouth-, and if a Sooder liftens to the Beids of the Shafier y then the Oil, heated as before, fhall be poured into his Ears, and Arzeez and Wax ihall be melted together, and the Orifice of his- Ears fhall be flopped up therewith. — ThisOrdination ferves alio for the Arzal Tribe. If a Sooder gets by heart the Beids of the Shafier^ the Magiftrate fhall put him to Death. If a 5'tf(?i(r afTumes the Brammical Thread, the Magiftrate fhall fine him Eight Hundred Puns of Cowries. If a Sooder always performs Worihip and the Jtigg-, the Magiftrate fhall put him to Death, or fine him Two Hundred Afhrufies,^ If a Sooder gives much and frequent Moleftation to a Bramin, the Magif- trate ftiall put him to Death. If a Sooder afTumes the Cuftoms and Appearances of a Chehleree, and pafTes his Time as fuch, the Magiftrate fhall confifcate all his Effeds, and banidi him the Kingdom; and if, afTuming the confccrated Thread of nBrajwn, he pafTes his Time as fuch, he fhall fine him Eight Hundred Puns of Cowries. SECT. ( 297 ) SECT. VIII. Of the Properties of Punijhment^ and of FunifJjing. Punishment* is the Magiftrate -, PuniHiment is the Infpircr of Terroiir ; Punilliment is the Nourifher of the Subjeds; Punifhment is the Defender from Calamity, Punifhment is the Guardian of thofe that deep; Punidiment, with a. black Afpc(5l and a red Eye, terrifies the Guilty : If the Magiftrate inflifls Punifhment according to the Shajier^ then Punifhment produces luch Confe- quences as have been already fpccified in the Kingdom of that Magiftrate. He who is of a good Charafler, and a Man of Veracity, and who forms his Adlions according to the Ordinations of the Shajier^ and who retains learn^-d Pundits ■Sihowt him, and he himfelf alfo is a Man of Science, and not avaricious, fuch Perfon is worthy to be a Magiftrate, and to have the Power of infliding Punifhment. He who is not affifted by learned Pundils^ and who is avaricious, and who is not a Man ot Science, and who pays no Regard to the Shajler^ and who d;'th. not praftile what he hath read, and who doth not fpeak the Truth, and is not of a good Chara6ter, fuch Perlon is not worthy to be a Magiftrate, and to have the Power of infliding Punifliment. Ir a Magiftrate doth not infiid Punifhment according to the Shafiei\ his Subjedls, and his Kingdom, and his PofTcfTions, and the Children of his Re- lations, become mifcrable and contemptible. Here the Image of Punifliment is introduced, or rather Punifhinent is perfonified. If ( 298 ) If a Maglflrate inflifls Punifhment upon the Guilty, and honourably treats the Innocent, fuch a Man has all theRequifites for Magiftracy, and is always fuccefsful, and enjoys a good Charader, and in the next World goes to Paradife. S E C T. IX. Of Adoption.. He who is dtrfirot3S to adopt a Child muft inform the Magiftrate thereof, and fhall perform the Jugg^ and fliall give Gold and Rice to the Father of the Child whom he would adopt ; then, fuppofing the Child not to have had jhis Ears bored, or to have received the Braminical Thread, or to have been married in his Father's Houfe, and not to be Five Years old, if the Father will give up fuch a Child, or if the Mother gives him up by Order of the Father, and there are other Brothers of that Child, fuch a Child fhall be adopted, A Woman may not adopt a Child without her Flufband's Order ; if fhe has her Hufband's Confent, Ihe may caufe the Bramins to perform a Jugg for her, and may adopt the Child :— According to the Ordinations oi Sewarteh Behtacharige : Approved (or cu^om^ry .)— Pachejhputtee Mifr fpeaks to this Effe6l, that, even with the Hufband's Confent, a Woman may not adopt a Child. A Sooder may adopt a Child, upon procuring a Jugg to be performed for jiii-m by the Bramins, He ( 299 ) He who has no Son, or Grandfon, or Grandfon's Son, or Brother's Son, (hall adopt a Son j and while he has One adopted Son, he fhall not adopt a Second. SECT. X. Of Sundries^ If a Man, keeping any of fuch Species of Animals as have Teeth and Horns, and being able to reftrain and confine the Strength of that Animal, negleds to fecure him, in that Situation, if the aforefaid Animal with his Horns Ihould hurt any Perfon, or bite him with his Teeth, then the xMa^if- trate Iliall fine the Owner thereof Two Hundred and Fifty Puns oi Cowries -y but if that Perfon has not Strength or Ability to rellrain the aforefaid Ani- mal, and any Perfon fhould be hurt thereby, the Owner of the Animal fhall not be blamed. If a Man keeps a Cow, or a Buffalo, or a Horfe, or an Elephant, or a Camel, or a Wolf, or a Dog, and the Animal of any of thefe Kinds fliould iland in the Way, and a Perfon, pafiing by upon the Road, fliould defire the Owner of the Animal to keep it on one Side, then, fuppofing the Owner to have Ability to keep the Animal on one Side, upon his negleding fo to do, if the Animal fliould by any Means hurt the Pafll^nger, the Magifl:rate fliall fine the Owner thereof Five Hundred Puns oi Cowries, If a Man exadls Labour from a Bullock that is hungry, or thirfly, or fa- tigued, or obliges him to labour out of Seafon, the Magifliratc fliall fine him Two Hundred and Fifty Puns of Cowries. 4 Y If ( zoo ) If an) Man, by giving greater Wages than the Cuftom of the Countr)'' re- quires, entertains a Servant, Co that all other Perlbns, by his giving fuch great Wages, are put to great Inconvenience, or if, when the Magillrate hath fixed the Price of any Article, he buys or fells fuch Article at a higher or lower Rate, or if, by anyCozenage and Deceit, he fells an Article of low Value for too great a Price, or, byCozenage and Deceit, purchafcs a valuable Commodity at too low a Rate, tlie Magillrate lliall fine him One Thoufand Puns of Cowries. If a Man, without an Order of the Magillrate, fells an Elephant that is fie for Bufinefs, or a Horfe that is fit for Bufinefs, or a Camel that is fit for Bufi- nefs, or any valuable Jewels, or if a Man fells any Article which the Magif- trate hath forbidden to be fold, the Magillrate fhali fine him the Price of the Article fold. iV a Man ufes any fevere Expreffion againll the Perfon who hath taught h'lm the Goiteree, or if a Pupil does not obferve the Coramands of his Spiritual Guide, or is prepared to aflault the Wife of his Elder Brother, or if a Man, having been intruded to carry any Article from one Perfon to another, doth not deliver it accordingly, or if a Man hath opened the Lock of any Perfon's Houfe, or if a Man hath a malevolent Difpofition towards a Strano-er, the Magillrate fhall fine the Offender, in any of thcfe Cafes, Fifty Pu/is of Cowries. If a Man, who hath received any Molcftation from a Thief, or any other ill-difpofed Perfon, fhonld fay to another, " I receive fuch Molcftation from a Thief, or from fuch other ill-difpofed Perfon, come you and free me from him," then, if that Perfon, having fufficient Ability for the Purpofe, doth not alTift, or fpeak for the other, the Magiftrate fliali fine him One Hundred Funs of Cozvri'^s, If ( 301 ) If a Man, who hath not been moleftc^d by a Thief, or any other Perfon, fliould fay, •' I am molefled by a Thief, or by fuch other ill-difpofcd Perfon, I- entreat the People to come to my AfTiftance," in that Cafe, the Magillrate (hall fine him One Hundred Pu7u of Ccwries, When a Sooder, or a Sinajfee^ is performing a Scradeh, or a Worfhip to- Demtah, if, upon an Invitation from fuch Men, a Bramin fliould eat or drinlc there, or if a Man takes an Oath which does not belong to him to take, or if a Man fhould perform any A61 which he is not permitted by the Sbnjier to perform, or if a Man hath adminiftered any fuch Kind of Philter, fo that there is no Fruit produced by the Trees, or caufes a Cow to take fuch a Medicine as that fhe brings forth no Calf, or if a Man, having concealed any Partnerfhip Property, converts it to his own Ufe, or if a M.m of the Arzal, or low Caft, intentionaUy ftrikes with his Hand a Bramin, a ChehiereSj. or any other fuch fuperior Call, the Magiftrate fliall fine the Offender, in. any of thefe Cafes, One Hundred IPuns of Coijories. If a Father forfakes a Son, who has no Stain upon his Charaflsr, fuch as the Lois of Caft and fuch other difgraceful Circumftances, or if a Son, of his own accord, forfakes his Father, who has no Stain upon his Chirafler, or if a Friend forfakes his Friend, who is without Blemifh, or if a Brother forfakes a Brother, without Difcovery of any Fault in him, or if a Hufband forfakes his Wife, without Fault in her, then, if any of th.ef^, if both the Parties are unfit for Bufinefs, and have no Remedy but that of Separation, the Magif- trate fhall fine the forfaking Party One Hundred Funs of Coiiries -, if, without any Reafon, but merely their own Choice, the one forfakes the other, the Magiftrate ftiall fine \\\m Two Hundred Puns cf Cowries \ if of tl;e Two Parties one is fit for Bufinefs and the other unfit, then, if the unfit Perfon, of ( 302 ) of his own. Choice, quits the other, the Maglflrate fliall fine him Six Hundred Puns of Cowries. ; If one Perfon be going on a Road, and another be coming on it, then, whomfoever the Ordinations of the Shajler require to give up the Way to the other, that Perfon fhall give way accordingly : — The Diftinftions of giving way are as follows : If one Man is blind, and the other hath his Sight, this latter (hall give way to the Blind ; if one Perfon be deaf, and the other hath his perfefl Hearing, the latter fliall give way to the Deaf: A Man fliali give way to a Woman, and a Man empty-handed fliall give way to a Man with a Burden; the Subje6l fliall give way to the Magiflirate, the Pupil to the Spi- ritual Guide; and fo always an inferior Perfon fliall give way to a fuperior, and an inferior Caft: to a fuperior, and an inferior Degree of Knowledge to a fuperior Degree ; a Man in Health fliall give way to a fick Perfon -, and all Perfons fliall give way to a Bramin: If any Perfon doth not give way ac- cording to this Rule, the Magifl;rate fliall fine him Twenty Puns of Cowries* If a Man doth not give a Carpet to fit on, to fuch Perfon as he ought to prefent with fuch a Seat, or doth not treat with proper Veneration a Perfon to whom Veneration is due, or who, negleding a faultlefs Bramin in his Neighbourhood, invites a Bramin from a conflderable Difl:ance, or who, having invited any Perfon, doth not offer him any Thing to eat, or who, Jiaving accepted an Invitation, doth not go to the Houfe whither he was in- vited accordingly, the Magifl:rate Ihall fine the OiTendtr, in fuch Cafes, One MaJJjeh of Gold. If a Man, having accepted anothers Invitation, doth not eat at his Houfe, ^then he fliall be obliged to make good all the Expcnce that was incurred in confequence of the Invitation. If { 303 ) If the Magiftratc appoints any Man upon the Road to this Effeil, to t.ikc a Toll from all Paflengers going or coming by Water, and that Man levies a Toll upon thofe who come or go by Land, the Magiftrate lliall fine him lea Puns of Cowries'y in the fanie Manner, if he has appointed him to the Land Colledions, and he levies any Tiling from the PalTengers by Water, the Ma- giflrate Hiall then alio fine him Ten Puns of Cozvries. If any Man goes to a Woman, and forcibly commits Adultery with her, and that Woman, from Balhfulncis and Modelty, exclaims, that Thieves at- tac-ked her Houfe, then the Magiflrate fhall fine that Woman Five Hundred I'uns of Cowries, If any Man forcibly commits Adultery with a Woman, and the Woman, by Exclamations, being defirous to call the Neighbourhood, the Man gives hcrr / Something as a Bribe, fo as to make her defift from her Exclamations, then, whatever Bribe the Woman hath taken, in fuch a Cafe, the Magiftrate Hiall fine her Eight Times as much. If a Man, faying, that the Cloaths, which he has taken from the Body of fbme deceafed Perfon, are fit for Ufe, and valuable, fells them as fuch, or,with- Gut the Order of the Magiflrate, rides out with the Dignity of a Magillrace, or fits upon the Muffiud ofthe Magiftrate, the Magiftrate fiiall fine an Offender, in fuch Cafes, Five Hundred Pims of Cowries. If a Man performs a Jw^^, to procure the Death of any innocent Pcifon, the Magiftrate fhall fine him Two Hundred Puns of Couries. 4 Z If ( 304 ) If a Man, to procure the Death of any innocent Perfon, by any Contrivance^- caufes him to drink a Potion, or otherwifc meditates his Death, the Magiftratc ihall fine him Two Hundred Puns of Cowries. If a Man bores a Hole through any Jewel which is not proper for borings or, in fuCh as are proper for boring, makes a Hole in the wrong Place, or mixes any bafe and worthlefs Article with one that is valuable, the Magif- trate fhall fine him Two Hundred and Fifty Puns of Cowries. If a Man felts any Thing unfit to eat, calling it an Eatable, or if any Caft fells any Articles that are forbidden to be fold by that Call, or if a Bramin, quitting his prefcribed Mode of Life, hath adopted other Manners, in any of thefc Cafes, the Magiflrate Ihall fine the Offender One Thoufand Puns of Cow- ries. If any Man demolifhes the Bundareh (i. e ) the Treafury and Store- Houfe of the Magiflrate, or performs the Jtigg^ or the Poojeh, or fuch other relitrious Exercifcs, with a malevolent Intent towards the Magiflrate, or if, being appointed to any Bufinefs, he fpoils that Bufmcfs, or if he always takes Bribes, in any of theie Cafes, the Magiflrate, confifcating the whole Property of the Offender, fliall baiiifh him the Kingdom, Tv a Man, by cafling Briers into the Road, blocks up the PafTage, or mixes Foifjn v.'iih any Preparation, Salt, or Acid, or Bitter, or Sweet, or who mar- vx'A to a Slave any Woman who is not herfclf a Slave, in luch Cafes, the Ma- rilliate fhall cut off One of the Offender's Limbs; if he is always guilty of thefc rradtices, the MagiRrate fhall put him to Death. In { 305 ) 4 In anyPlace where the Magiftratc is playing with anyPerfon at Chdperlazcey or at Tables, or any other fuch Kind of Game, in that Cafe, if any Perfon, without Permiflion of the Magiftrate, interpofes with his Hand, or by fpeak- ing, the Magiftrate fhall put him to Death. If any Man, without Permiirion of the Magiftratc, drefles himfclf in Cloaths like thofe of the Magiftrate, or who, being appointed to an Office ia the Magiftrate's Service, continually neglefts his Duty, to employ himfeif iri idle Amufcments, or to hear Singing, or, in any otherDiflipation, mifpends his Time, or who collects a greater Revenue than the Magiftrate hath ordered, or who aims at the Magiftracy, without being defcended from the Magiftratc'* Family, in fuch Cafes, the Magiftrate fhall put the Offender to Death. If a Man, for his own Advantage, makes any falfe Entry in the Magii- trate's Books, or, having difcovered a Thief, or an Adulterer, fuftcrs him to efcape unpunifhed, the Magiftrate fhall fme hini One Thoufand Puns of Cowries, If a Man, of his own Invention, fays, that the Magiftrate has intrufted to him the DifcufTion of any particular Affair, which, in fa<5l, the Magiftrate liar, not fo intrufted, and, upon this AfTertion, has caufed Damage to any Perfons, the Magiftrate, in that Cafe, Ihall fine him to the Extent of his Abilities ; if he be more than once guilty of tiie f.ime Offence, he fhall cut oft One of his Limbs J if he hath a violent Propenfity to iuch Crimes, he ftiall put hini to Death. If any Man difobeys the Order of the Magiftrate, which may be executed^ and which is proper, the Magiftrate ihall cut oft from him a Hand, or a Foot,. Of ( 3o6 ) or fotne other Limbj if he always offends in this Manner, he fhall put him to Death. If a Man makes complaint before the Maglflrrate againft the Magiftrate's Counfellor, without any real Fault in him, or performs any Bufinefs or Service for the Magiflrate's Accufer, the Magiitrate fhall put him to Death. If the Magiflrate's Officer hath brought before the Magiflrate any Perfon for any Crime, and, upon the Magiflrate's examining that Perfon, he fhould deny the Crime laid to his Charge, then, even if a fmall Offence be proved againft him, upon a trifling Crime, the Magiflrate fhall levy a great Fine. If a Woman caufes any Perfon to take Poifon, or fets fire to any Perfon's Hpufe, or murders a Man, then the Magiflrate, having bound a Stone to her Neck, fhall drown her, upon Condition of her not being with Child. If a Woman murders her Spiritual Guide, or her Hufband, or her Son, the Magiflrate, having cut off her Ears, her Nofe, her Hands, and her Lips, fliall expofe her to be killed by Cows, on Condition of her not being with Child. If a Man fpoils any Article made of Leather, or any Wooden or Clay Velfels, the Magifirate fhall fine him Five Times as much. Ira Man caufes another to do any bad Aflion, the Magiflrate fliall take from liim Double of the Fine annexed to the Commiffion of any particuhir " Crime : If a Man fays to another, " Do you commit this bad Ad:ion, I will ftand to all the Expences that may arife," then the Magiflrate fliall fine him Four Times as much. If ( 307 ) If a Man caules another to begin any badA6lIon, or fliewsjiim thcWay to commit a bad A6tion, or furniflies him with any Implements for the CommifTDn of it, or who, fufpcding that the other Perfon is a Thief, gives him a Piacc where to refide, in thefe Cafes, the Magiilrate fliall fine him to the Extent of his Abilities. When a Man hath murdered another,- if a third Perfon, who had Pov/er to reftrain the Murderer, ncglc6led to do it, or, not having Power of himfclf to reftrain the Murderer, yet, by fpeaking to another Perfon, could have caufed him to be reftrained, and neglefted to fpeak, or when the Magiftratc is prepared to chaftife any Perfon, if another, at that Time, relates his FauKs, or when a Man tells another, that he is defirous to commit a bad Action, it the other advifes him thereto, the Magiftrate, in thefe Cafes, fliall fine the Offender to the Extent of his Abilities. •If a Man, having committed a bad Action, fhould fay, in Prefence of the Mao-iftrate, or of a confiderable Number of Perfons, that he hath committed fuch Crime, the Magiftrate fliall cxad frum him but Half the Fine. If a Man in immediate Danger of his Life, by committing a badA6tion,can fave his Life, in that Cafe, the Magiftrate ftiall not fine him. If a Man of Veracity and general good Princi]'>les ignorantly commits any bad Adion, the Magiftrate fliall not fine him. If a Man^ intending to commit a bad Acflion, hath proceeded fo far as to commit fome little Part of that bad Adion, the Magiftrate fl-^all fine him One Quarter Part of the whole Mulift ftated for fuch Crime-, if he has proceeded ftill farther in the Commiflion of that Crime, ti.e Magiftrate fliall take from ^ A him C 308- )' him One Half of that Fine •, if he completes the faid bad A£kion, he Ihall take the equivalent Fine. If a Reyot commits any Crime, the Magiftrate, imniediately upon receiving ' Information thereof, fhall exa6l the Fine, and give him fevere Caution not t^:) commit the fame Crime a Second Time. In any Cafe where many Perfons in Confederacy commit any Crime, the- Magiflrate fhall take from each Individual a double Fine. i t*uNisHMENT is of Two Sorts : The Firfl Corporal, or Infliction of Seve- rity upon the Body, and that is alfo of Two Sor:s ; the Firft binding and lafhing the Body, or cutting off fome of the Limbs; the Second putting to Death: The Stcond Sort of Punifliment is Attachment of Property, and this'-' has various and many Modes. If a Man is frequently guilty of any of thofe Crimes, the Fine for which i3 Hated at One Fun of Cowries^ the Magiftrate fiiall fine him One Mafheh of Sdver-, if he frequently commits fuch Crimes as are ftated at Ortings a Claim againfl any Perfon, faying, " You owe me a Sum of Money," and that Perfon denies the Debt, then, upon the Creditor's proving the Debt, that Perfon, if he be rich, fhall be fined Twice as much as the Debt -, if he be a Man of inconfiderable Property, he fhall be fined a Sum equivalent to the Debt. If a Man, having borrowed Money of feveral Lenders, hath purchafed Goods therewith, and ail the Creditors afTemble together at Once, and the Debtor hath no immediate Means of paying them, then whatever Goods \\c hath purchafed with each Creditor's Money fliall be fold, to repay each Credi- tor rcfpedtively. When i 2H ) Whem a Debtor hath paid his Creditor the Sum of his Debt, he fhall receive 'his Bond back from the Creditor, and fhall tear it; andlhall alfo take a written Releafe or Receipt from the Creditor. If a Man hath borrowed Money from a Lender, and hath not given a Bond, but there be WitnelTes to the fame, then, at the Time of Repayment, the Money fhall be delivered in Prefcnce of the fame WitnefTes. If any Man, having been expelled and excommunicated from his Cafl, per- forms the Fera/Jjchuly or Kxpidtion, then, during his Life-Time, his Son, and Grandfon, and luch other natural Heirs, fhall not become pofTefTed of hisEftatCi but his Property fliall be divided among them, according to their Right of Inheritance. If there are Two, or Four, or more Heirs, and One or Two of them, by applying to Ufe the Partnerfhip Property, acquire fome Profit from thence, then all the Partners, according to their Property in the Stock, fhall receive a Share of the Profit; but he who acquired this Profit fhall divide their Pro- perty into equal Shares, and firfl fhall take One Share thereof to himfelf, and of the refl they all Ihall take Shares refpedively, according to their Proportion of the Stock: But this Ordination is only to be underflood in Cafes of unequal Sliares in a Joint Concern ; if the Shares of all tlie Partners are equal, then Jie who acquired the Profit thereon fhall receive Two Shares, and the others ifhall each receive One Share. If the feveral Partners have an equal Right to a Female Slave, or to a Slave, then all the Partners fhall exad: an equal Portion of Service from that Slave, JOT Female Slave. If ( 315 ) If any One of the Partners hath concealed any Part of the Joint Property, then, upon Difcovery thereof, fuch concealed Property fliall be divided amon the Partners ; but they Ihall not receive any Share of that Property which hat! already been divided. o I If a Man hath forcibly taken any Thing from another, or forcibly caufcJ him to fign any Writing, or by Violence expended any of his Property, it ii not approved. If a Man, by forcible Means, or, by any deceitful Artifice, hath fold any Thing, or managed any other Tranladion, it is not approved. If, during the Night-Time, or in a concealed Part of the Houfe, or with- out the Precin6ls of the Town, or in fuch other concealed and fufpicious Places, a Man hath bought and fold any Thing, or managed any other Tranf- aftion, it is not approved. If a Woman, or a Perfon intoxicated, or an Idiot, or a fick Perfon, or a Child, or a Man under violent Dread, hath performed any Tranfadlion, it is not approved. Exclusive of the Plaintiff and Defendant, and the Vakeel^ or the Son, or the Slave of the Plaintiff and Defendant, if any other Perfon takes upon him to fettle the Affairs, it is not approved. If a Man doth not give up Goods intrulled to him, when the Perfon who intruded them demands the fame, then, if he be rich and void of Religion, the Magillrate fhall fine himTwice as much as the Value of the Goods in Truft i if 5 C he ( 3i6 ) he is not a Man of Property, nor void of Religion, he lliall only fine him an Equivalent. If a Man ignorantly, without any accidental Calamity, fpoils Goods in- trufted to him, in that Cafe, he is not to make good the whole of the EfFedls in Truil, but he fhall pay fomewhat lefs than theValueof the Property intruded to him, and the Sons of that Perfon are not to pay any Part thereof. If the Goods inTruft be fpoiled by the Fault of the Sons, then the Sons alfo fhall pay. When a Pupil takes Leave of his Mafter, after having been intruded in any Science, the Mafter, upon giving him his Difmiffion, fnall give him fome Money, according to the Extent of his Abilities. If a Man, having received Service at the Hands of a Servant, doth not pay him his Wages, the Magiftrate Ihall caufe him to pay the Wages, and fhall alfo fine him. If a Man hath married any Female Slave, he becomes the Slave of the Owner of that Female Slave, in cafe he is not already the Slave of any Perfon ; if he is the Slave of any Perfon, and marries that Female Slave, with the Confent of his Mafter, he then alfo becomes the Slave of the Ov/ner of the Slave Girl. If a Marriage is contracted between a Slave and a Slave Girl, without the Confent of the Owner of the Slave, or that of the Owner of the Slave Girl, then the Slave continues to belong to his original Owner, and the Female Slave alfo remains with her original Ownei-s. I? ( 317 ) If any Perfon's Cow, being covered by another Perfon's Bull, (hould pro- duce a Calf, then the Owner of the Cow fliall have the Calf, and the Owner of the Bull fhall not have Power to lay any Claim to it. If a Man, having purchafed any Goods, doth not pay the Toll thereon in th^Bazar^ or at ihcChokey, the Magiftrate fhall take Eight Times as much as theToll from him ; if thatPerfon, for the Sake of avoiding Payment of Toll,. quits the right Roid and cakes another, the Magiftrate fhall confifcatc all his. P-roperty. If a Man, to avoid paying Toll, doth not fell his Goods at the ref^ular Hours of Sale, but fells them privately, the Magiftrate fliall fine him Eic^ht Times as much. In a Tranfaftion of returning purchafed Goods, if the Purchafer returns fuch Articles within the Time limited for that Purpofe, in the Chapter of Buying and Selling, then he fhall divide that Space of Time into Three Parts; if he returns the Goods within the Space of the Firft Divifion of Time, it is of no farther Confequence •, if he returns them within the Second Divifion of Time, he fliall give One Thirtieth of the Price of the Article, together with the Article returned to the Seller; if within the Third Spjce of Time, he then fliall give to the Seller One Fifteenth of the Price ot the Article, tosether with theArticle fo returned •, and, after the Expiration of that Space of Time,, purchafed Articles muft not be returned. In the Chapter of Buying and Selling, according to the Space of Time therein limited for returning purchafed Goods, if a Man, having bou;.ht any Commodity, returns it after the Expiration of that Period, or, having fuld. ( 3i8 ) fold any Articles, takes them back again, the Magiflrate Ihall-fine that Pel Ton Six Hundred Puns of Cowries. If a Man, having purchafed a Cow or a BnfFalo that gives Milk, returns it within the Period of Time limited for fuch Returns, he (liall, upon return- ing the fame, give One Tenth of the Price thereof to the Seller-, in returning purchafed Cows or Buffaloes, there is no Divifion of the limited Period into Three Parts, as before. If the Purchafer of the Cow or Buffalo hath taken the Purchafe into his ■own Poffcifion, he ihall give to the Seller One Sixth of the Price thereof. If a Man gives falfe Teftimony in a Matter of Limits and Boundaries, then the Magiftrate fhall fine him Two Hundred and Fifty Puns of Cowries. If that Perfon is an immediate Neighbour to thofe Boundaries, then the Magiftrate (hall fine him Five Hundred Puns of Cowries. If a Man fleals any Thread, or Cotton, or Cow Dung, or Grafs, or Water, cr Sugar Cane, or Veflels of Bamboo (that is Cane) or Salt, or Earthen Pots, or Sand, or Duft, or Clay, or Fifh, or Birds, or bitter Oil, or Flefli, or Honey, or Leather, or Ivory, or the Horns of Animals, or Wine, or Viduals, or Fruit, which any Perfon hath bought for his own Ufe, then the Magiftrate, caufing fuch Articles to be returned to the Owners, ftiall fine the Thief One Hundred Puns of Cowries. The Shait, or Poojkteh-bundee, is of Two Sorts: The Firft, Khieu (i,e.) a Bridge, through which the Water has free Paffage; the Second, Bundhoo (i. e.) Bank, or Dam, through which the Water does not flow. If ( 319 ) If a Manercfbs fuch a Bridge or Bank upon the Land of another Perfon,. and that Perfon fuflains a fmall Injury from the faid Bank, and the Publick receives a material Benefit, then that Perfon is not permitted to interrupt the Progrefs of the faid Poojbtch-hundce. If a Man hath eredled a Bridge or Bank upon any particular Spot, from the Conftrudion of which Bridge or Bank the Crops upon other Perfons Grounds are much benefited, this Man harh no Power to claim the faid Crops j but the Owners of the Land lliill poflcfs the Crops refpedively. If a Chebteree commits Adultery with a Woman of the Bramin Cafl, who has no Mafter, by her own Confent, the Magiilrate fhall fine the faid Chebteree One Thoufand Puns of Cowries, and fhall caufe the Hair of his Head to be Ihaved off with the Urine of an Afs. If any Man ftrikes the Anus of another, the Magiilrate fliall fine him Forty Puns of Cowries. Whatever Ordination fuch Bramins as are Pundits delivered to the Reyots from the Shajler, the i^^jc^j fhail acknowledge and o\r:y the fame: W^hoever, being a P^/W//, does not fpcak the Sentiments of the Shajlcr^ the Magiflrate Ihall fine him Two Hundred and Fifty* Puns of Cowries. Upon the Magiftrate's having, made a '■'^gular Invefligation, whatever- Orders he fliall iff.ie to any Perfon, if that Fcrfon does not act in confcrniity thereto, the Magiilrate fhall fine him. :> D Me; { Z^o ) Men that vilify tlie Magiftrate, or Men of innate bad Principles, or Men, who, without Reafon, caufe any internal Uneafinefs to others, the Magiftrate fliall banilh all fuch from the Kingdom. If a Man, having always been ufed to eat and drink with another, with- our any Fault of tiut Perfon, will no longer eat and drink with him, then he Magiftrate fhall hold him guilty. If feveral Pcrfons in a Confederacy refufe to pay to the Magiftrate his proper Dues, the Magiftrate ftiall exafl Eight Times as much from each Individual. If any Perfon, having borrowed Money in the Name of feveral Perfons, applies the fame to his own Ufe, that Perfon ftiall be obliged to pay the Debt. If the Father or Mother of the Magiftrate, or any Perfon who hath taught the Goileree, or a Child, or a weak old Perfon, or a Man of Rank and Know- ledge in the Beids of the Shafter^ and who afts in conformity to the Beids, or a Kixifman and Relation of the Magiftrate, commits a Fault, the Magiftrate ftiall not take a pecuniary Fine from fuch Perfons, nor ftiall cut oft^ their Limbs, but ftiall utter fevere Expreflions of Wrath againft them. If a Sinajfee^ or a Ban Perujl^ or a Berhemcharry\ commits any Crime, the Magiftrate ftiall not take from them any pecuniary Fine, and fliall not cut off* the Limbs of fuch Perfons, but ftiall anathematize them. There is no Crime in the World fo great as that of murdering a Bramin\ wherefore the Magiftrate ftiall never defire ihe Death of a Bramin, nor ftiall he ever cut off his Limbs. If ( 321 ) If a Eramin is guilty of drinking Wine, he fhall be branded in the Fore- head with the Sooradhuch :—Sooradhuch is that, at the Time of drinking Wine, upon turning down the Cup, in luch Manner as that the Wine falls from the Mouth of the Cup i in the fame Form, they fliall brand the Broimns Forehead with a hot Iron. If a Bramin commits Adultery with any of his Father's Wives, exclufivc of his own Mother, the Magiftrate Ihall brand him with a hot Iron in the Forehead with the Mark of the Pudendum Muliebre, If a Bramin hath murdered another Bratnin^ the Magiftrate fliall brand him in the Forehead with the Mark of a Man without a Head. Every Bramin^ who does not every Day a6t according to the Shajlcr, and who afts in contradiction to the Shajler, fliall be confined in Prifon by the Magifl:rate, until fuch Time as he reverts to the Duties of his Religion -, if he never reverts to the Duties of hisReligion, he fliall be baniflicd the Kingdom. The Magiftrate fliall not take any of the Property termed AQha Pa'.uk (a Defcription of which is to be found in the Chapter oi Pak-PariJIo) if he takes a Fine from thence, he fliall caft: it into the Water, or fliall give it to fuch Bramin as is firm in his Religion, and who acfts in conformity to the Beids ; if the Magiftrate doth not appropriate to himfelf the Property called Maha Patuk, but ads according to what is herein enjoined, then the Lives of Men are prolonged in his Kingdom, and Learning flouriflies there, and beautiful Children are propagated there. From a Man that is rich, a larger Fine than that refpeclively fpecified ^ali be taken, that, feeling the Inconveniencies of the Mul<5l, from the Fear thereof. ( 3" ) thereof, he may be rcftrained from tlie Commifllon of fuch Crimes a Second Time. After being acquainted with the Fines dated for each particular Species of Theft, as mentioned in the Chapter of Theft, if a Sooder commits tt Robbery, he fhall pay Eight Times as much ; if a Bice^ he fhall pay Sixteen Times as much •, if a Chehteree^ he fhall pay a Fine of Thirty-two Times as much J if he be a Bramhj, he fhall pay Sixty-four Times as much ; if he be a Brmnin of extenfive Knowledge, he fhall pay One Hundred Times as much -, if he be a Man of the greateft Rank, he fhall be fined One Hundred and Twenty Times as much. According to the Ordinations delivered in this PooUe, or Compilation, the Magiftrate fhall adminifler Juftice ; if any IMatter Ihould come before him, which is not included herein, he fhall confider the general Scope of this Peotee^ and judge accordingly, and fine proportionably •, and in fuch Cafes where the Fine is not particularly fpecified, he fhall inveftigate the Affair, and take a Fine. THE END. ♦^^ UNIVERSITY OF CALIFORNIA AT LOS ANGELES THE UNIVERSITY LIBRARY yftWi-U This book is DUE on the last date stamped below M5R 14 :\IS I JL 1S64 1" NOV 04 ** r • Form L-9-15m-3,'34 UNIVERSITY of CALIFORNIA AT LOS ANGELES LIBRARY N r \\ Ml 1 1 II I II 3 1158 00170 8493 ^^ 000 285 432